20170307_CouncilAgendaItem.pdf
City Council Agenda Item
Meeting Date: 03/7/2017
Initiation of Rezone for Property under Contract Rezone R-97-28 (contract RS-8 to RS-12) (15 min.)
Staff Lead: Kernen Lien
Department: Planning Division
Preparer: Kernen Lien
Background/History
This property has a long procedural history.
A rezone from RS-12 to RS-8 was first proposed for a portion of this property in 1992 (R-92-39). The
Planning Board recommended denial. This application was ultimately withdrawn.
In 1996 the previous property owner applied for a street map amendment and street vacation (ST-96-77
& ST-96-78) in order to develop a portion of the site. The City Council approved the street map change
and street vacation (Exhibit 2), but held final approval until such time that development plan was
approved providing for adequate alternative connections for roads, pedestrian and bike ways, and
utilities in the area.
In 1997, the previous property owners applied for a contract rezone (R-97-28) to this property (including
a City owned parcel for which the City had entered into a conditional sale agreement) from RS-12 to RS-
8. This contract rezone was approved with eight conditions including requiring development of the site
be approved through a Planned Residential Development (PRD) process, incorporating the requirements
of ST-96-77 & ST-96-78, and limiting the percent of buildable area to 21% of net buildable area (Exhibit
1).
In 2001, the City of Edmonds initiated a rezone from the contract RS-8 back to RS-12 (R-01-168). The
rezone was initiated because the property owner had yet to apply for the PRD or met other
requirements of the contract rezone. Ultimately, the City and property came to a settlement agreement
which spelled out a timeline for a PRD submittal (Exhibit 3) and the City withdrew the rezone
application.
In 2002, the previous property owners applied to amend the contract rezone prevision that limited
building pads to 21% of the net buildable area (R-02-5). The City Council denied the contract rezone
amendment.
In 2005, the previous property owners applied to amend the contract rezone provisions as to which
ordinances were applicable to development at the site (R-05-135). Staff had recommended denial. The
rezone application was withdrawn.
In 2005, an application for a 27-lot formal plat and PRD was submitted (P-05-135/PRD-05-137). The
Plat/PRD received preliminary approval in January 2007. The preliminary approval of the 27-lot
Plat/PRD was never finalized and preliminary approval expired in January 2017.
Staff Recommendation
Direct staff to prepare a resolution to initiate rezone from contract RS-8 to RS-12 for the March 14,
2016 consent agenda.
Narrative
The background and history outlined above was leading towards a specific proposed development that
expired and has not come to fruition. In the intervening years, there have been some changes to
R-97-28.
The contract rezone requires the property to be developed through the Planned Residential
Development (PRD) process. There have been some changes to the PRD code since the contract rezone
where the property might no longer be able to meet some PRD requirements. In particular, the PRD
code (ECDC 20.35) re
However, required landscape buffers and critical areas except for trails cannot be counted toward the
usable open space requirements. Much of the site contains critical areas including potential landslide
hazard areas, erosion hazards and a small wetland. It is not likely that 10% of usable open space outside
of critical areas (mostly erosion hazard) could be achieved. Development outside of a PRD process
would still protect critical areas and new additions to the critical area regulations such as the 30% native
vegetation requirement of (ECDC 23.90.040.C) will provide extra protections that where not in place
when the contract rezone was approved by in 1998.
When contract rezone R-97-28 was approved by the City of Edmonds, the Comprehensive Plan map for
this location did not differentiate between small lot and large lot single family designations. The 2003
Comprehensive Plan was the first Comprehensive Plan to differentiate between small and large single
family lots outside of the downtown area and the 2004 Comprehensive Plan was the first to include the
current five categories for single family designations of Single Family - Urban 1, 2, and 3; Single Family -
Resource; and Single Family Master Plan. In 2003 the subject site was designated as Single Family -
Large Lot and in 2004, it was assigned with the Single Family - Resource designation, which it remains
under today (Exhibit 4).
The Land Use Element of the Comprehensive Plan lists compatible zoning classifications for the different
Comprehensive Plan Map designations (Exhibit 5). For the Single Family - Resource designation the
compatible zoning classifications are RSW-12, RS-12, and RS-20. Given the changes to the
Comprehensive Plan designation for the subject property, the RS-8 zoning classification is no longer
consistent with the Comprehensive Plan designation.
Given that the procedural history and contract rezone was for a specific development that has expired
and changes to the Comprehensive Plan make the existing zoning inconsistent with the Comprehensive
Plan, now is an appropriate time to hit the reset button for this site. Prior to the contract rezone the site
was zoned RS-12 and currently properties to the north of the site are zoned RS-12 (Exhibit 6).
Furthermore, RS-12 is a compatible zoning classification for the Single Family - Resource Comprehensive
Plan designation. Staff is proposing the City Council initiate a rezone of the property subject to contract
rezone R-97-28 from RS-8 back to the RS-12 zone. The subject property has recently changed ownership
and the new owner is amenable to a rezone of the property.
Attachments:
Exhibit 1 - Contract Rezone R-97-28
Exhibit 2 - Findings of Fact and Conclusions of Law on ST-96-77_and_ST-97-78
Exhibit 3 - Agreement Regarding Deadlines regarding Application for PRD
Exhibit 4 - Comprehensive Plan Map
Exhibit 5 - Comprehensive Plan Excerpt - Compatible Zoning Table
Exhibit 6 - Zoning Map