20190913_Response letter 6-26-19.pdf
PO Box 1478 ⬧ Everett, WA 98206 ⬧ Phone: (425) 303-9363
Fax: (425) 303-9362 ⬧ Email:info@insightengineering.net
September 13, 2019
Karen Lien, Environmental Programs Manager
121 5th Avenue North
Edmonds, WA 98020
(425) 771-0220
Re: Langford – PLN20180064
IECO No. 19-0992
Dear Kernen,
The project referenced above is revised in response to the review comments dated June 20, 2019.
The review comments are numbered on the letter and have been addressed in italics as follows:
1. Geotechnical Report: Partially addressed. The critical area determination conducted on
1136 Vista Place under file number CRA20180201 identified slopes on the site that
exceed 40% which are considered potential landslide hazard areas pursuant to Chapter
23.80 ECDC. A geotechnical report consistent with the requirements of ECDC 23.80.050
and addressing the specific requirements of ECDC 23.80.060 and .070 must be prepared
to evaluate the potential impacts of the proposed subdivision. Please also see the
comments under Subdivision Review Criteria below which will relate to the development
and review of the geotechnical report.
June 20, 2019 Comment: A geotechnical report was included with the June 4 resubmittal;
however, the geotechnical report did not address the criteria in ECDC 23.80.070.A.4. In
particular, criterion ECDC 23.80.070.A.4.a, “The proposed development shall not
decrease the factor of safety for landslide occurrences below the limits of 1.5 for static
conditions and 1.2 for dynamic conditions,” is an important consideration for subdivision
criterion in ECDC 20.75.080.A.4. It must be demonstrated that the site can be safely
developed without impacting slope stability beyond the limits noted in ECDC
23.80.070.A.4.a.
The geotechnical report notes that proposed residence should have a minimum effective
setback of 10 feet from the slope face measured horizontally from the western most foot
to the adjacent slope. With the proposed future residence being located on the slope, it
does not appear that this setback is being met.
PO Box 1478 ⬧ Everett, WA 98206 ⬧ Phone: (425) 303-9363
Fax: (425) 303-9362 ⬧ Email:info@insightengineering.net
Please see attached Geotech letter. While the ten feet is recommended, it is not
specifically required from a geotechnical standpoint. The Geotech even says that “the
proposed residence will not increase the threat of geological hazards on adjacent
properties, will not impact other critical areas, and are safe as designed under
anticipated conditions.”
2. Wetland Determination: Addressed.
3. Easements: Partially addressed. The title report identifies a number of access and utility
easements on the subject property. Please provide these easements which are identified
by the following auditor file numbers (AFN) in the title report: 815306, 1126222,
1625989, and 1444635. Additionally, the location of these easements and any other
easements on the subject property must be identified on the preliminary short plat.
June 20, 2019 Comment: The revised short plat documents labels easements with the
auditor file numbers, but none of the easements have been provided as requested so
easement locations cannot be verified. An adjacent property owner submitted comments
during the comment period and provided a copy of the easement recorded under 144635.
This easement’s legal description does not line up with the location of the easement
displayed on the short plat documents. Please provide copies of all the easements
referenced above as well as any additional easements that may exist and ensure they are
accurately displayed on the short plat documents.
The easements have been provided to the extent possible.
4. Preliminary Short Plat:
a. Surveyor signature – Addressed.
b. Gross and Net Lot Area – Addressed. Adjust, if necessary, with future
resubmittal. Identify the gross and net lot area of each of the proposed lots. Note
that any access easement must be subtracted from the gross lot area and the
resulting net lot area must be at 12,000 square feet.
c. Please identify all structures within 25 feet of the subject property as required by
ECDC 20.75.060.M. Addressed.
5. Site Bench Mark: Addressed.
6. Subdivision Review Criteria: Not Addressed. The criteria for reviewing subdivisions is
contained in ECDC 20.75.085. On initial review, more documentation is needed to
demonstrate that the criteria below can be met.
a. ECDC 20.75.080.A.4 Where conditions exist which could be hazardous to the
future residents of the land to be divided, or to nearby residents or property, such
as floodplains, steep slopes or unstable soil or geologic conditions, a subdivision
of the hazardous land shall be denied unless the condition can be permanently
corrected, consistent with subsections (A)(1) and (2) of this section.
PO Box 1478 ⬧ Everett, WA 98206 ⬧ Phone: (425) 303-9363
Fax: (425) 303-9362 ⬧ Email:info@insightengineering.net
Almost all of the proposed Lot 1 consists of slopes in excess of 50%. Developing
this site may require a significant cut into the hillside which could impact slope
stability and existing residence on the top of the slope. The geotechnical report
must address how this site could be developed and how the hazard can be
permanently corrected. As noted in the Building Division comments (attached), it
is likely that peer review will be required for the geotechnical analysis and design.
Note the cost peer review is required to be covered by the applicant.
June 20, 2019 Comment: The geotechnical report did not address this criterion.
As noted above the geotechnical report did not address ECDC 23.80.070.A.4.a
which is important in determining if this criterion is met. Furthermore, the
geotechnical report noted the proposed residence should have a minimum
effective setback of 10 feet from the slope face measures horizontally from the
western most foot to the adjacent slope, which would prevent a house from being
constructed on the slope.
Please see the attached Geotech letter. This should now be addressed. For the
slope setback, please see the previous response.
b. ECDC 20.75.080.B.1 Lots shall be designed to contain a usable building area. If
the building area would be difficult to develop, the lot shall be redesigned or
eliminated, unless special conditions can be imposed on the approval which will
ensure that the lot is developed properly.
In addition to the slopes on the proposed Lot 1, the orientation of Lot 1 with the
private drive that transects the lot further limits the buildable area and makes this
a difficult site to develop. The proposed residence for Lot 1 shown on the
preliminary development does not comply with the setbacks for Lot 1. A lot
cannot be created through the subdivision process that would require a variance in
order for it to be developed.
June 20, 2019 Comment: The proposed residence has been removed from the
preliminary development plans, which the response letter notes as addressing this
issue. However, with the new lot configuration and now proposing to retain the
swimming pool the development on Lot 1 would not comply with setbacks. See
new comment 9 with regards to modification request.
A modification request has been included in this submittal. In addition, the
proposed residence now fits within the setbacks.
c. Different layouts for subdividing this property were presented during the two pre-
application style meetings over the last year. Given the review criteria in ECDC
20.75.080A.4 and 20.75.080.B.1, a different layout of the proposed subdivision
should be given strong consideration. Otherwise, please demonstrate how the
proposed layout complies with these criteria.
PO Box 1478 ⬧ Everett, WA 98206 ⬧ Phone: (425) 303-9363
Fax: (425) 303-9362 ⬧ Email:info@insightengineering.net
June 20, 2019 Comment: The response letter notes that Lot 2 has been enlarged
and indicates that an 80-foot lot circle can also be located in the southeast corner
of the property. While this is true for the lot layout in Figure 2 of the geotechnical
report, the lot circle does not fit in the southeast corner with the lot configuration
on the preliminary short plat and preliminary development plans. If the future
building site is now proposed for the southeast corner of the property, please
indicate so. A building area in the southeast corner would help address ECDC
20.75.080.A.4 and 20.75.080.B.1 as well as landslide hazard design standards
ECDC 23.80.070.4.b. - 4.d. As noted in the attached Engineering comments and
the previous comment from the Building Official, the geotechnical report will be
sent out for peer review and the applicant will be responsible for the cost of peer
review.
The Geotech report has been updated.
7. Fire Comments: Addressed.
8. Please respond to the comments from Jeanie McConnell, Engineering Program Manager,
provided in the attached memorandum.
The easement referenced has been shown, and the pavement has been widened to 12 feet.
9. Modifications – ECDC 20.75.075: The proposal does not include retaining the swimming
pool on Lot 1, which would result in the swimming pool and deck not meeting the zoning
setbacks for the RS-12 zone. In the current configuration, Lot 1 would be considered a
flag lot and only side setbacks would apply. The side setbacks for the RS-12 zone is 10
feet. Pursuant to ECDC 16.20.040.C, Uncovered and unenclosed porches, steps, patios,
and decks may project into a required setback not more than one-third of the required
setback, or four feet, whichever is less; provided, that they are no more than 30 inches
above ground level at any point. The edge of the deck is approximately 3.3 feet from the
new lot line between Lot 1 and 2. Pursuant to ECDC 19.00.025.X.1, the setbacks for
swimming pools is measured to the inside face of the pool, which appears to be about 9
feet from the new lot line. If a proposed subdivision results in structures not complying
with the required zoning setbacks, a modification requested must be submitted with the
application. In accordance with ECDC 20.75.075, a modification request is evaluated
with the variance criteria in Chapter 20.85 ECDC. The application fee for a modification
request is $880 and a second notice of application will have to be issued for the
modification request.
Please see attached modification/variance request.
Memorandum from Jeanie McConnell, Engineering Program Manager
June 20, 2019
GENERAL
1. Ok
PO Box 1478 ⬧ Everett, WA 98206 ⬧ Phone: (425) 303-9363
Fax: (425) 303-9362 ⬧ Email:info@insightengineering.net
2. Ok
3. Ok
4. June 20, 2019 – The driveway for existing lot 1 has been shown to cross the adjacent
parcel (parcel # 00507000002200). Is there an existing access easement across this
property?
12/6/2018 comment – Show existing access easement areas and existing pavement areas
on one plan sheet. Will the existing and proposed pavement areas fall within existing
easement areas?
There is currently no written easement for the access. However, the access has remained
the same since the property was constructed in 1961
5. Ok
6. June 20, 2019 – Pavement width shall be a minimum of 12-feet given only 2 lots will
be taking access from the existing private road on the west side of the development.
Revise the preliminary development plan to show required road widening.
12/6/2018 comment – Refer to South Snohomish County Fire District comment for
access width requirements.
The pavement width has been shown as 12’ wide and accounted for in the drainage
calculations.
Memorandum from Zach Richardson, Stormwater Engineer
June 18, 2019
1. Please identify the overflow routes for both the pump system and infiltration system in
the event of failure; address or mitigate impacts as needed to avoid creating erosion or
flooding nuisances issues.
In the event of failure, the infiltration system will overflow through the grated lid to drain
to the existing driveway to follow the natural drainage path. The pump system will drain
to the existing driveway to follow the natural drainage path along the shared driveway
easement and down Vista Place. Please refer to Sheet C1.0.
2. Update plans to address the retrofit requirements of ECDC 18.30.060.D.5.b.i for any
existing unmitigated impervious surfaces to remain; please provide a developed
conditions exhibit to identify which areas are included for mitigation and show & sum the
retrofit and new plus replaced areas separately.
a. Appendix A suggests that all BMPs are infeasible for the existing roadway,
however, it appears the proposed CB could easily be located in a location which
would collect a portion of the existing access road and the proposed driveway (or
add a second CB) and the same BMP can serve both surfaces.
A part of the existing driveway has been accounted into the infiltration system.
Please refer to the Developed Conditions Exhibit to identify the areas accounted
into the infiltration system.
PO Box 1478 ⬧ Everett, WA 98206 ⬧ Phone: (425) 303-9363
Fax: (425) 303-9362 ⬧ Email:info@insightengineering.net
3. Additional concerns for the proposal of infiltration in this critical geotechnical area have
been raised and additional geotechnical review is being requested. Please address all
comments provided by the geotechnical reviewer (consultant).
Please send us all comments from outside consultants. We believe we have answered all
concerns to date.
Please feel free to contact me with any questions or comments you may have.
Sincerely,
Brian Kalab, P.E.