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Exhibit 1 - PLN20150034 Staff Report with Attachments.pdf EXHIBIT 1 II.GENERAL INFORMATION: th Location:16404 75Pl. W (Tax Parcel #00513109700100 & 00513100009002) th 16414 75Pl. W (Tax Parcel #00513109700201 & 00513100009007) th 16420 76Ave. W (Tax Parcel #00513109700300 & 00513100009003) th Property Owners:Derek Abbott, RDJ Group LLC–owner of 16404 75Pl. W th Armando and Maria Teresa Chilelli–owner of 16414 75Pl. W th Elizabeth Dodge–owner of 16420 76Ave. W Applicant’s Agent:Ronald Johnson on behalf of RDJ Group LLC Request:To change the zoning designation of the eastern portion of the subject site from Single- Family Residential (RS-20) to Single-Family Residential (RS-12). Review Process:A site-specific rezone is a “Type IV-B” application. Staff makes a recommendation to the Planning Board who conducts a public hearing and forwards a recommendation to the City Council. The Council holds a closed-record review of the project and makes thefinal decision. Applicable Codes:ECDC Chapter 16.20 (Single-Family Residential) ECDC Chapter 20.01 (Types of Development Project Permits) ECDC Chapter 20.02 (Development Project Permit Applications) ECDC Chapter 20.03 (Public Notice Requirements) ECDC Chapter 20.06 (Open Record Public Hearings) ECDC Chapter 20.07 (Closed Record Appeals) ECDC Chapter 20.15A (Environmental Review -SEPA) ECDC Chapter 20.40 (Rezones) III.SITE CONTEXT: The subject site contains six tax parcels, which comprise three lots of record. Each of the three lots of record within the subject site is developed with an existing single-family residence and associated improvements. According to Snohomish County Assessor’s records, the existing th residence addressed 16404 75Pl. W wasconstructed in 1952, the existing residence addressed thth 16414 75Pl. W was constructed in 2001, and the existing residence addressed 16420 76Ave. W was constructed in 1909(an addition was permitted to this residence in 2000). The current zoning of the subject site is split between the Single-Family Residential(RS-12)zone on the western portion of the site and the Single-Family Residential (RS-20)zone on the eastern portion of the site. As can be seen in the Zoning and Vicinity Map (Attachment 2), the site is bordered by properties within the RS-12 zone to the south and properties within the RS-20 zone to the north and east. Surrounding properties are also developed with single-family residences and associated improvements. The BNSF Railroad tracks and Puget Sound are located directly west of the subject site. RDJ Group LLC Rezone PLN20150034 Page 2of 7 The Plat of Meadowdale Beach initially subdivided much of the northern end of Edmonds in 1904. Refer to Attachment 5for the entire Plat of Meadowdale Beach with the general site area circled in red for reference, an excerpt of which is inset above. This plat reservedastreet right- of-way running north-south along the section line separating Sections 7 and 8. As indicated on the 1964 and 1981 zoning maps, excerpts of which were included with the applicant’s initial submittal materials (Attachment 1), the transition between the RS-12 and RS-20 zones was established along this same section line to reflect the location of the intendedstreetright-of-way. Following sunsequent divisions of property in the area of the subject site and the development of thth 76Ave. W / 75Pl. W, the northern portion of the street right-of-way established as part of the Plat of Meadowdale Beach was shifted to the east so that it no longer runs along the section line between Sections 7 and 8. That portion of the street right-of-way that was shifted east was later thth developed as 75Pl.W and the initially reserved section of 76Ave.W was vacated. The eastern portion of the subject site subsequently extended to the east across the section lines placing the site within two zones, RS-12 and RS-20. IV.STATE ENVIRONMENTAL POLICY ACT (SEPA): A Determination of Nonsignificance (DNS) was issued on September 8, 2015(Attachment 6). No appeals have beenreceivedto date.The appeal period for the SEPA DNS ends on September 22, 2015. V.TECHNICAL COMMITTEE: This application was reviewed by the City of Edmonds Engineering Division and Fire District #1. No comments or conditions were noted by these groups (Attachment 7). VI.DEVELOPMENT CODE AND COMPREHENSIVE PLAN ANALYSIS According to ECDC Chapter 20.40 (Rezones), the Planning Board shall review the proposed rezone and consider the following factors at a minimum: A.Comprehensive Plan.Whether the proposal is consistent with the comprehensive plan; The Comprehensive Plan designation for the entire subject site is “Single Family –Resource” (see inset Comprehensive Plan map). The compatible zoning classifications for the “Single Family –Resource” designation include the Single-Family Residential RSW-12, RS-12, and RS-20 zones. Thus, the subject proposal to rezone the eastern portion of the subject site from RS-20 to RS-12 would be consistent with the current Comprehensive Plan designation of the subject site. B.Zoning Ordinance.Whether the proposal is consistent with the purposes of the zoning ordinance, and whether the proposal is consistent with the purposes of the proposed zone district; According to ECDC 16.00.010, the zoning ordinance has the following purposes: RDJ Group LLC Rezone PLN20150034 Page 3of 7 A.To assist in the implementation of the adopted comprehensive plan for the physical development of the city by regulating and providing for existing uses and planning for the future as specified in the comprehensive plan; and B.To protect the character and the social and economic stability of residential, commercial, industrial and other uses within the city, and to ensure the orderly and beneficial development of those uses by: 1.Preserving and retaining appropriate areas for each type of use; 2.Preventing encroachment into these areas by incompatible uses; and 3.By regulating the use of individual parcels of land to prevent unreasonable detrimental effects of nearby uses. At the same time, the purposes of the Residential Zones include (ECDC 16.10.000): The general purposes of the residential, or R, zones are: A.To provide for areas of residential uses at a range of densities consistent with public health and safety and the adopted comprehensive plan; B.Any growth or development should strive to preserve for itself and its neighbors the following values: 1.Light (including direct sunlight), 2.Privacy, 3.Views, open spaces, shorelines and other natural features, 4.Freedom from air, water, noise and visual pollution; C.To provide for community facilities which complement residential areas and benefit from a residential environment; D.To minimize traffic congestion and avoid the overloading of utilities by relating the size and density of new buildings to the land around them, the capacity of nearby streets, and the availability of utilities; E.To protect residential uses from hazards and nuisances, such as fire, explosion, noxious fumes and noise, odor, dust, dirt, smoke, vibration, heat, glare, and heavy truck traffic, which may result from other, more intense, land uses. Finally, the Single-Family Residential (RS) zone district has its own purposes as identified in ECDC 16.20.000: The RS zone has the following specific purposes in addition to the general purposes for residential zones of ECDC 16.00.010 and 16.10.000: A.To reserve and regulate areas primarily for family living in single-family dwellings; B.To provide for additional nonresidential uses which complement and are compatible with single-family dwelling use. A portion of thesubject site was annexed in 1961, while the other portion was annexed in 1963. As indicated in the excerpt of the 1964 zoning map included with the applicant’s submittal materials (Attachment 1), by 1964, the western portion of what is now the subject site was zoned RS-12 and the eastern portion of the site was zoned RS-20. As discussed above, this change in zoning designation followed the section line and it was RDJ Group LLC Rezone PLN20150034 Page 4of 7 due to further subdivisions and a shift in the location of the adjacent right-of-way that caused the subject site to become split-zoned. Rezoning the eastern portion of the subject siteas proposed from RS-20 to RS-12would clean up the zoning map, causing the subject site to no longer be split-zoned. The proposed rezone would also ease any future development of the lots of record within the subject siteby clarifying setback requirements so that different setback requirements would no longer need to be applied to the eastern portion versus the western portion of the site.The proposal would not change the zoning of the subject site away from Single- Family Residentialand appears to be consistent with the purposes of the Zoning Ordinance. C.Surrounding Area.The relationship of the proposed zoning change to the existing land uses and zoning of surrounding or nearby property; Rezoning the eastern portion of the subject sitefrom RS-20 to RS-12would result in little external change from existing conditions. The subject site contains three lots of record and is developed with three existing single-family residences and associated improvements. Surrounding development includes single-family residential development. As indicated on the Zoning and Vicinity Map (Attachment 2), the immediately adjacent properties to the south are within the RS-12 zone and the adjacent properties to the north and east are within the RS-20 zone. The proposal would eliminate the existing split-zoning of the subject site and would cause the entire site to be located within the RS-12 zone, which would be consistent with the existing zoning of the western portion of the site as well as with the adjacent properties to the south. The proposal would only slightly shift the location of the existing transition between the RS-12 and RS-20 zones. The applicant has indicated a desire to demolish the existing residence addressed 16404 th 75Ave. W and to construct a new single-family residence on this lot. The purpose of the proposed rezone is to clean up the split-zoning on the subject site in order to facilitate th redevelopment of 16404 75Ave. W. In particular, the proposal would cause the side setbacks of the subject site to be a minimum of 10 feet each as required by the RS-12 zone, instead of the RS-20 zone’s requirement for a minimum of 10 feet per side with the requirement for the two opposing sides to add up to a minimum of 35 feet.Thus, if the subject site were entirely RS-12, the applicant would have greater flexibility in the location of the future residence, which would also be true for any future redevelopment of the other lots within the subject site. The street and rear setback requirements would remain unchanged since the minimum required street and rear setbacks of the RS-12 and RS-25 zones are both 25 feet each. D.Changes.Whether there has been sufficient change in the character of the immediate or surrounding area or in city policy to justify the rezone; The character of the immediate and surrounding area has remained largely unchanged for many years with the exception ofthe development of a few new single-family residences within the general area and the development of a park approximately 700 feet north of the subject site.The proposed rezone, however, would correct a split-zoning situation that was caused years ago following the shifting in the location of the street right-of-way adjacent to the site. The rezone would cause the boundary between the RS-12 and RS-20 zones to follow existing property lines and the existing right-of-way instead of following the Section line which cuts through the middle of the subject site. RDJ Group LLC Rezone PLN20150034 Page 5of 7 The subject site is within a single-family neighborhood and the proposal would not change the Single-Family Residential zoning designation of the site, but would only change the eastern portion of the site from RS-20 to RS-12. E.Suitability.Whether the property is economically and physically suitable for the uses allowed under the existing zoning, and under the proposed zoning. One factor could be the length of time the property has remained undeveloped compared to the surrounding area, and parcels elsewhere with the same zoning; As discussed above, the subject site currently contains three lots of record, all of which are developed with existing single-family residences and associated improvements.The proposed rezone would facilitate the applicant’s desire to demolish the existing residence th addressed 16404 75Pl. W and construct a new residence at this location; however, the proposed rezone is not necessary in order to do so. The rezone, however, would allow for greater flexibility to the side setback requirements for the redevelopment of this lot. F.Value.The relative gain to the public health, safety and welfare compared to the potential increase or decrease in value to the property owners. The applicant couldrealize increased value due to a greater flexibility in the side setback requirements (as discussed above).It does notappear that there is much of an impact otherwise to the public health, safety and welfare since the site is alreadydeveloped with three existing single-family residences and utilities and similar improvement already serve the subject site.The applicant’s desire to redevelop the lot of record addressed th 16404 75Pl. W would not be prohibited without the rezone. Therezone would simply clear up the existing split-zoning situation and would allow for greater flexibility in setback requirements when redeveloping the lot. VII.CONCLUSIONS: A.The proposal is consistent with the Comprehensive Plan since theRS-12zoning classification is one of the possible implementing zones for the “Single-Family Resource”designation. B.The proposal to rezone the eastern portion of the subject site to RS-12is consistent with the purposes of the zoning ordinance and the zoning district. The rezone would eliminate an existing split-zone situation. C.The proposal is appropriate in relation to the existing zoningof the surrounding area. Little external impact would result from the proposed change. D.The shift in the locationof the street right-of-way adjacent to the subject site and vacation of the right-of-way originally established under the Plat of Meadowdale Beach is sufficient change to justify the rezone in order to relocate the boundary between the RS-12 and RS-20 zoning districts to follow the development of the area instead of following the Section line. E.The site is currently developed with three single-family residences and associated improvements. The total number of single-family residences will remain unchanged, although the applicant plans to demolish one of these residences in order to construct a new single-family residence with associated improvements. For any future development on the subject site, the project will have to meet all applicable codes in effect at that time for setbacks, height, parking, landscaping and the like. F.There appears to be only a small gain to the applicant and no major impact to the public health/safety/welfare. RDJ Group LLC Rezone PLN20150034 Page 6of 7 VIII.PUBLIC NOTICE: A “Notice of Application” was issued on August 27,2015, and a “Notice of Public Hearing and SEPA Determination” was issued on September 8, 2015. Both public notices wereposted at the subject site, Public Safety Complex, Community Development Department, and at the Library. The noticeswerealso mailed to property owners within 300 feet of the site and published in the Everett Herald. All public notice materials are included as Attachment 12.The City has complied with the noticing provisions of ECDC 20.03. No public comments have been received to date. IX.RECOMMENDATION: Based on the findings of facts, analysis, conclusions, and attachments to this report, staff proposes APPROVE that the Planning Board make a recommendation to the City Council to the requested rezone from Single-FamilyResidential RS-20to Single-Family Residential RS-12. The proposed change will eliminate the existing split-zoning of the subject site while allowing slightly increasedflexibility with any future redevelopment on the subject sitein accordance with the requirements of the zoning ordinance. X.ATTACHMENTS: 1.Land UseApplication, Cover Letter and Supporting Materials 2.Zoning and Vicinity Map 3.Letter of Complete Application 4.Request for Additional Information 5.Meadowdale Beach Plat 6.Determination of Nonsignificance 7.Technical Review Committee Comments 8.Public Notice Documentation XI.PARTIES OF RECORD: City of EdmondsElizabeth Dodge 121 5th Ave N18808 Wallingford Ave. N Edmonds, WA 98020Shoreline, WA 98133 Ronald JohnsonArmando and Maria Teresa Chilelli rdth 19601–23Ave. NW17819–44Ave. W Shoreline, WA 98177Lynnwood, WA 98037 Derek Abbott RDJ Group LLC th 221–185Pl. SW Bothell, WA 98012 RDJ Group LLC Rezone PLN20150034 Page 7of 7 ATTACHMENT 1 RS-20 RS-20 Subject Site: 16404 & 16414 75th Pl. W and 16420 76th Ave. W OS RS-20 RS-12 PRD-1976-1 060120240 Feet ATTACHMENT 2 CITY OF EDMONDS th 121 5 Avenue North, Edmonds WA 98020 DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION August 13, 2015 Mr. Ronald Johnson ronarchps@outlook.com SUBJECT:NOTICE OF COMPLETENESS FOR REZONEAPPLICATION TH LOCATED AT 16404, 16414, & 16420 75PL. W FILENO. PLN20150034 Dear Mr. Johnson: th Your land use application for a rezone located at 16404, 16414, and 16420 75Place West (File No. PLN20150034) has been determined to meet the procedural submission requirements and, therefore, is considered complete pursuant to Edmonds Community Development Code (ECDC) 20.02.002. Please accept this letter as the City’s completeness notice in accordance with ECDC 20.02.003. Although it has been determined that the application meets the procedural submission requirements and is therefore complete, additional information may be needed as staff continues with review of the application. Staff will contact you as our review continues if additional information is necessary. I will be the main staff contact for your application. If you have questions at any point during the review process, you may reach me at Jen.Machuga@edmondswa.gov or (425) 771-0220. Sincerely, Development Services Department - Planning Division Jen Machuga Associate Planner Cc:File No. PLN20150034 Teresa Chilelli, tchilelli@aol.com Derek Abbott, achnw@comcast.net Page 1 of 1 ATTACHMENT 3 CITY OF EDMONDS th 121 5 Avenue North, Edmonds WA 98020 DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION August 25, 2015 Mr. Ronald Johnson ronarchps@outlook.com SUBJECT: REQUEST FOR ADDITIONAL INFORMATIONFOR REZONEAPPLICATION THTH LOCATED AT 16404&16414 75PL. W AND 16420 76AVE. W FILENO. PLN20150034 Dear Mr. Johnson: th During staff’s continued review of your land use application for a rezone located at 16404 &16414 75 th Place West and 16420 76 Ave. West (File No. PLN20150034), it was determined that additional information/clarification is necessary. Please provide responses to the following items at your earliest convenience so that staff’s review of the proposal can continue: th 1.Your criteria statement references addresses 16404, 16414, and 16420 75 Pl. W; however, it thth appears that he subject addresses are 16404 and 16414 75 Pl. W and 16420 76Ave. W. Please confirm. 2.Your adjacent property owner’s list does not appear to include all addresses within 300 feet of the entire subject site. Please refer to the enclosedadjacent property owner’s list handout (Handout #P2) and provide mailing labels for all properties within 300 feet of the subject site. The subject site includes all three parcels that are subject to the proposed rezone. 3.The environmental checklist does not adequately address the proposal. SEPA review is being triggered due to the proposal for a rezone, not necessarily due to the proposal for the future th construction of a house at 16404 75 Pl. W. As such, your responses within the environmental checklist must be in the context of the proposed rezone and must encompass the proposal to rezone all three subject properties. Additionally, not all of the questions within the environmental checklist were answered and some of the responses refer to documents that were not provided with the subject application(these documents are likely documents to be submitted later with the th building permit application for the future single-family residence at 16404 75Pl. W). Please complete a new environmental checklist addressing the subject proposal to rezone the three subject parcels.Your responses must address the characteristicsofand any impactsto all three parcels that are part of the rezone proposal. If you have any questions on how to adequately complete the environmental checklist, you may refer to the Washington State Department of Ecology’s website for resources and references. 4.The land use application forms submitted with your application include several different applicant names and contact people for the subject proposal. Please clarify who the applicant is and who the contact person is in order to assist staff as we process the application. Please submit the above information to the Planning Division as soon as possible so that staff may continue processing your application. Please keep in mind that a complete response to this information request must be received within 90 days or the application will lapse for lack of information (ECDC Page 1 of 2 ATTACHMENT 4 20.02.003.D). Thus, your application will expire if the requested information is not received by November23, 2015. If you have any questions, please do not hesitate to contact me via phone at (425) 771-0220 or via email at Jen.Machuga@edmondswa.gov. Sincerely, Development Services Department -Planning Division Jen Machuga Associate Planner Cc:FileNo. PLN20150034 Teresa Chilelli, tchilelli@aol.com Derek Abbott, achnw@comcast.net Page 2 of 2 ATTACHMENT 5 ATTACHMENT 6 MEMORANDUM Date:August 18, 2015 To: Jen Machuga,Associate Planner From: Jeanie McConnell, Engineering Program Manager Subject: PLN20150034, Rezone from RS-20 to RS-12 th RDJ Group, LLC –1640476Ave W Engineering has reviewed the rezone application for the RDJ Group, which involves the th following properties: 16404, 16414 and 16420 76 Ave W. All properties currently fall within both RS20 and RS12 zones. The rezone will clean-up the zoning and identify one zone for each of the properties. Each property will remain single-family. The information provided is consistent with Title 18 Edmonds Community Development Code & Engineering standards. The Engineering Division does not have any comments. Thank you. City of Edmonds ATTACHMENT 7 ATTACHMENT 8