Hearing Examiner's decision Brackett's Corner PLN20170049.pdf1
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Received by Planning
Division February 13, 2018
CITY OF EDMONDS
121 51h Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
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BEFORE THE HEARING EXAMINER FOR THE CITY OF EDMONDS
Phil Olbrechts, Hearing Examiner
RE: Brackett's Corner
FINDINGS OF FACT, CONCLUSIONS
Unit Lot Subdivision OF LAW AND FINAL DECISION
PLN20170049
INTRODUCTION
The Applicant is proposing to subdivide a 14-detached dwelling unit project that is
currently under construction at the southwest corner of 212th Ave. SW and 80th Ave.
W. The proposed preliminary plat is approved subject to conditions.
ORAL TESTIMONY
Mike Clugston, Associate City of Edmonds Planner, summarized the proposal. In
response to examiner questions, Mr. Clugston noted there is no on -street parking in the
vicinity.
Jake Lyon, Applicant, noted he supports the findings of the staff report.
EXHIBITS
Ex. 1 Staff report with attachments 1-I I
FINDINGS OF FACT
Procedural:
Unit Lot Subdivision
P. 1 Findings, Conclusions and Decision
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1. Applicant/Owner. The owner and applicant is Jake Lyon, Pride Ventures
LLC, 320 Dayton St., Suite 101, Edmonds, WA 98020.
2. Hearing. The Hearing Examiner conducted a hearing on the application on
January 25, 2018 at 3:00 p.m. at the Renton City Council meeting chambers.
Substantive:
3. Site/Proposal Description. The Applicant is proposing to subdivide a 14-
detached dwelling unit project that is currently under construction at the southwest
corner of 212th Ave. SW and 80th Ave. W.
4. Characteristics of the Area. 212th Ave. SW is a minor arterial connecting
the Five Corners area, Edmonds-Woodway High School, and Highway 99 further to
the east. The subject property and those immediately along 212th Street SW and the
east side of 80th Ave. W. are zoned Multifamily Residential (RM-2.4). Adjacent to the
south and southwest is a single-family neighborhood.
5. Adverse Impacts. The proposal will not create any significant adverse
impacts since the proposal only involves a change in ownership'. There will be no
associated changes to use, physical environment or project impacts. Review under the
State Environmental Policy Act (SEPA) was completed with the design review for the
proposal. A determination of non -significance was issued on December 22, 2015 and
was not appealed. The existing checklist and determination were adopted for this
application because that determination addressed the environmental impacts of the
project and no additional environmental impacts were anticipated from this unit lot plat
(Attachment 7).
6. Adequacy of Infrastructure and Public Services. The proposal will be served by
adequate and appropriate infrastructure. The adequacy of drainage, transportation
facilities, parks and open space, water and sewer and schools was assessed and found
to meet City standards when the building permits for the project were approved in 2016.
The proposed change in ownership does not create any additional demand or need for
mitigation for these public services. Under principles of nexus and proportionality,
these prior findings of adequacy are construed as applying to the proposed conversion
in ownership. See, e.g., Kitsap Alliance of Property Owners v. Central Puget Sound
Growth Management Hearings Board, 160 Wn. App. 250 (2011).
' "Change in ownership" or similar references in this decision are intended to mean that the proposed
ownership structure is changed from one ownership of the entire project site into multiple ownerships of
each unit lot.
Unit Lot Subdivision p. 2 Findings, Conclusions and Decision
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CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner. ECDC 20.01.003 provides the Hearing Examiner
with the authority to hold a hearing and issue a final decision on preliminary plat
applications, classifying them as Type III-B applications. ECDC 20.75.045(K) provides
that unit lot subdivisions of five or more lots shall be processed as preliminary plat
applications.
Substantive:
2. ZoninDesignation. The subject property is zoned RM-2.4.
3. Review Criteria and Application. Chapter 20.75 ECDC governs the review
criteria for subdivisions, including unit lot subdivisions. Relevant criteria are quoted
below and applied through corresponding conclusions of law.
UNIT LOT SUBDIVISION STANDARDS ECDC 20.75.045
ECDC 20.75.045(A): Purpose. The unit lot subdivision process provides
opportunities for dividing fee simple ownership of land to create townhouses,
rowhouses and similar fee -owned dwelling units as an alternative to both condominium
ownership and traditional single-family detached subdivision. Unit lot subdivisions
determine compliance with the relevant dimensional standards of ECDC Title 16 by
analyzing whether the parent lot complies, but not requiring that each newly created
lot within the unit lot subdivision (the unit lot) complies, with those dimensional
standards. A unit lot subdivision does not permit uses or densities that are not otherwise
allowed in the zoning district in which the unit lot subdivision is proposed.
4. The proposed unit lot subdivision will create fee ownership of stand-alone
dwelling units organized around and served by a single access tract, providing for an
alternative to traditional single-family detached subdivisions as contemplated by the
purpose quoted above. The proposal will comply with all applicable development
standards as contemplated by ECDC 20.75.045 as assessed by the conclusions of law
below.
ECDC 20.75.045(B): Applicability. The provisions of this section apply exclusively to
the subdivision of land for single-family dwelling units, townhouse, and rowhouses and
may be applied only in the following zones: multiple residential, general commercial,
and Westgate mixed -use. A single lot within a unit lot subdivision may contain multiple
dwelling units when the unit lot contains all such dwelling units within one building.
Flats are permitted as an element of a unit lot subdivision only when a single lot within
a unit lot subdivision contains the entire building in which flats are located.
Unit Lot Subdivision p. 3 Findings, Conclusions and Decision
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5. The proposal is limited to creating fee ownership single-family homes in a
multi -family zone as authorized by ECDC 20.75.045(B).
ECDC 20.75.045(C): Association with Site Development —Application Timing. In the
case of a vacant lot or a redevelopment site, a preliminary unit lot subdivision can only
be submitted in conjunction with or subsequent to a development site plan as required
by Chapter 20.10, 20.11, or 20.12 ECDC, or in the case described in
ECDC 20.10.020(B)(3) submitted in conjunction with or subsequent to a building
permit.
6. ECDC 20.75.045(C) is inapplicable as no development or redevelopment is
proposed.
ECDC 20.75.045(D): Conformance with Standards of the Parent Lot. The parent lot
must comply with and is vested to the applicable development standards
(ECDC 20.75.030(E)) in effect at the time a complete application for preliminary unit
lot subdivision is submitted. As a result of the unit lot subdivision, the individual unit
lots within the subdivision may be nonconforming with respect to the bulk and
dimensional standards required by ECDC Title 16.
As with dimensional standards, compliance with access standards, including but not
limited to fire lanes, drive aisles, turn-arounds, and access of/to the parent lot from/to
the street will be evaluated based on the parent lot's compliance with such
requirements, and not based on whether individual unit lots meet such standards.
7. The proposal is consistent with all applicable standards for the reasons
identified at pages 5 of the staff report.
ECDC 20.75.045(E): Future Additions and Modifications. Subsequent platting
actions, additions or modifications to the structures) may not create or increase any
nonconformity of the parcel lot. Changes requiring permitting that affect only the
interior of building units will be evaluated for compliance with the requirements only
for that unit. Any exterior changes will be evaluated for compliance by considering
whether the parent lot would still comply with applicable development standards. Any
application for such external changes will require authorization of all owners of
affected unit lots or approval of the HOA where changes to commonly owned tracts are
proposed.
8. The conditions of approval require City approval of recorded homeowner
association documents that provide notice and conformance to the criterion above.
ECDC 20.75.045(F): Homeowners' Association Ownership of Common Areas. Any
commonly used areas or facilities within a unit lot subdivision, including but not limited
to common access, garage or parking areas, common open space or recreation space,
common courtyards, commonly used stormwater facilities or side sewers and other
similar features, must be owned and maintained by a homeowners' association with
Unit Lot Subdivision p. 4 Findings, Conclusions and Decision
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the right to assess the individual unit lot owners as necessary to properly maintain and
repair such areas. Appropriate documentation regarding the rights of the homeowners
association must be submitted for recording with the final plat.
9. The conditions of approval require City approval of recorded homeowner
association documents that provide notice and conformance to the criterion above.
ECDC 20.7_5.045(G): Maintenance Agreements for Building Exteriors. Maintenance
agreements must be executed and recorded as an element of the final unit subdivision
plat or short plat for maintenance of all building exteriors except in cases where all
dwelling units are detached. The maintenance agreement must require equal
participation by all owners within any one building and must be recorded on the final
unit lot plat. The requirement does not apply to detached single family dwelling units.
Common wall construction must meet currently adopted building codes.
10. The criterion is inapplicable as all buildings are detached.
ECDC 20.75.045(H): Parking on Different Unit Lots Allowed. Within the parent lot,
required parking for a dwelling unit may be provided on a different unit lot than the lot
with the dwelling unit as long as the right to use that parking is formalized by an
easement on the final plat.
11. The conditions of approval require City approval of recorded homeowner
association documents that provide notice and conformance to the criterion above since
the proposal involves 14 guest parking stalls in common ownership. Homeowner
easements and maintenance responsibility will be necessary for shared guest stalls.
ECDC 20.75.045(I): Notice of Unit Lot on the Final Plat. The fact that the unit lot is
not a separate buildable lot and that additional development of the individual unit lots
may be limited as a result of the application of development standards to the parent lot
must be noted on the final plat.
12. The proposal is conditioned to comply with the criterion above.
ECDC 20.75.045(J): An application for final unit lot plat will not be accepted until
all foundations, including common wall foundations, are installed and located on the
face of the final plat by the land surveyor of record.
13. Most of the civil site improvements and all of the building foundations have
been installed (not all of the buildings themselves have been constructed yet). The
application for final plat may be submitted at any time after the approval of the
preliminary plat.
GENERAL FINDINGS FOR SUBDIVISION APPROVAL ECDC 20.75.080
Unit Lot Subdivision p. 5 Findings, Conclusions and Decision
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ECDC 20.75.080(A): Subdivision Ordinance. The proposal is consistent with the
purposes of this chapter (as listed in ECDC 20.75.020) and meets all requirements of
this chapter.
14. The proposed unit lot subdivision is consistent with the purpose of the subdivision
ordinance as identified in ECDC 20.75.020. As determined in Findings of Fact No. 5
and 6, the proposal will be served with adequate and appropriate infrastructure and will
not create any significant adverse impacts. For these reasons, the objectives of
subdivision review are met, specifically the proposed subdivision will not negatively
impact public health, safety or general welfare, will not negatively impact congestion
on streets and highways, has adequate access to water, utilities, sewerage, storm
drainage and provides proper ingress and egress and will be uniformly monumented.
The proposal is also consistent with all other requirements of Chapter 20.75 ECDC as
all pertinent provisions are applied in this decision and found to be compliant.
ECDC 20.75.080(B): Comprehensive Plan. The proposal is consistent with the
provisions of the Edmonds Comprehensive Plan, or other adopted city policy, and is in
the public interest.
15. The proposal is consistent with the Comprehensive Plan for the reasons identified
at pages 7-9 of the staff report.
ECDC 20.75.080(C): Zoning Ordinance. The proposal meets all requirements of the
zoning ordinance, or a modification has been approved as provided for in this chapter.
16. The proposal is consistent with the zoning ordinance. The existing buildings were
found to be consistent with applicable zoning standards when their building permit
applications were approved in 2016.
ECDC 20.75.050(D): Floodplain Management. The proposal meets all requirements
of the Edmonds Community Development Code relating toFoodplain management.
17. The proposed project is not located within a designated flood plain management
area.
REVIEW CRITERIA FOR SUBDIVISION APPROVAL ECDC 20.75.085
ECDC 20.75.085(A): Environmental.
1. Where environmental resources exist, such as trees, streams, ravines or wildlife
habitats, the proposal shall be designed to minimize significant adverse impacts to
the resources. Permanent restrictions may be imposed on the proposal to avoid
impact.
Unit Lot Subdivision
p. 6 Findings, Conclusions and Decision
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2. The proposal shall be designed to minimize grading by using shared driveways
and by relating street, house site and lot placement to the existing topography.
3. 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 flood plains, 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
paragraphs A(1) and (2) of this section.
4. The proposal shall be designed to minimize of impacts on drainage, views
and so forth.
18. The criterion is satisfied. The proposal only involves a change in ownership with
no modifications to the built environment, so no environmental or other adverse impacts
are anticipated as determined in Finding of Fact No. 5. No new grading is proposed and
no hazardous impacts are associated with the change in ownership.
ECDC 20.75.085(B): Lot and Street Layout.
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.
2. Lots shall not front on highways, arterials or collector streets unless there is
no other feasible access. Special access provisions, such as shared driveways,
turnarounds or frontage streets may be required to minimize traffic hazards.
3. Each lot shall meet the applicable dimensional requirements of the zoning
ordinance.
4. Pedestrian walks or bicycle paths shall be provided to serve schools, parks,
public facilities, shorelines and streams where street access is not adequate.
19. The criterion quoted above is met. Since each lot accommodates one existing
single-family dwelling, each of the lots clearly accommodates a usable building area.
All fourteen proposed unit lots will front the central drive aisle (Tract 999), which is
not a highway, arterial or collector street. The unit lots do not have to meet the
dimensional standards of the zoning ordinance as authorized by ECDC
20.75.045(D). The civil and building plans (att. 4 and att. 5) show that the project
site fronts access streets with sidewalks. The subject property is primarily served by
three area schools and is within a one mile walking distance of each: College Place
Elementary, College Place Middle School, and Edmonds-Woodway High School.
Unit Lot Subdivision
p. 7 Findings, Conclusions and Decision
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Sidewalks and crosswalks currently exist along the south side of 212th Street to reach
Edmonds-Woodway and along the east side of 76th Avenue West to reach the
College Place campus.
ECDC 20.75.085(C): Dedications.
1. The city council may require dedication of land in the proposed subdivision
for public use.
2. Only the city council may approve a dedication of park land to satisfy the
requirements of ECDC 20.75.090. The council may request a review and written
recommendation from the planning advisory board.
3. Any approval of a subdivision shall be conditioned on appropriate dedication
of land for streets, including those on the official street map and the preliminary
plat.
20. In accordance with the City's Official Street Map, a 5-foot strip of the parent
parcel adjacent to 80th Avenue W will be dedicated to the City as part of the platting
process. This is shown on Sheet 2 of Attachment 3.
ECDC 20.75.085(D): Improvements.
1. Improvements which may be required, but are not limited to, streets, curbs,
pedestrian walks and bicycle paths, sidewalks, street landscaping, water lines,
sewage systems, drainage systems and underground utilities.
2. The person or body approving a subdivision shall determine the improvements
necessary to meet the purposes and requirements of this chapter, and the
requirements of
a. ECDC Title 18 Public Works Requirements;
b. Chapter 19.75, Fire Code, as to fire hydrants, water supply and access.
This determination shall be based on the recommendations of the community
development director, the public works director, and the fire chief.
21. As determined in Finding of Fact No. 6, the proposal is served by adequate
public infrastructure and no further improvements are necessary. All required City
staff reviewed the existing development in the 2014 review.
ECDC 20.75.085(E): Flood Plain Management. All subdivision proposals shall
comply with the criteria set forth in the Edmonds Community Development Code for
flood plain management.
Unit Lot Subdivision
p. 8 Findings, Conclusions and Decision
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22. This project is not in a Flood Plain Management area.
DECISION
All subdivision criteria are met and the unit lot preliminary plat is approved as proposed
in Ex. 1 att. 3 and as described in this decision, subject to the following conditions:
1. Prior to recording, the applicant must complete the following requirements:
a) Complete the Engineering Division conditions listed "Required as a
Condition of Subdivision" in Attachment 10.
b) Make the following revisions to the plat:
(1) Add: "Conditions of approval must be met and can be found in
the approval for the subdivision located in File No. PLN20170049
in the City of Edmonds Planning Division."
c) Make sure all documents to be recorded meet the Snohomish County
Auditor's requirements for recording.
2. A 5-foot strip of the parent parcel adjacent to 80t' Avenue W shall be
dedicated to the City. This area is shown on Sheet 2 of Attachment 3.
3. Submit draft homeowners' association documentation including requirements
for future additions and modification, the maintenance of building exteriors,
the use of guest parking stalls, and all other shared facilities.
4. Submit an updated copy of the title report with the documents proposed to be
recorded. The title report must be prepared within 30 days of submittal for
final review.
5. Submit two copies of the plan sheets to be recorded for City review and
approval. Once approved, the City Clerk will record the documents at the
Snohomish County Auditor's office.
6. As required by ECDC 20.75.045(I), the final plat must contain notice that the
unit lot is not a separate buildable lot and that additional development of the
individual unit lots may be limited as a result of the unit lot approval.
Dated this 12'h day of February 2018.
Unit Lot Subdivision
Ph —if A.Olbrochts
City of Edmonds Hearing Examiner
Appeal Right and Valuation Notices
P. 9 Findings, Conclusions and Decision
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A party of record may submit a written appeal of a Type III-B decision within 14 days of
the date of issuance of the decision. The appeal will be heard at a closed record review
before the City Council according to the requirements of ECDC Chapter 20.07.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
Unit Lot Subdivision
P. 10 Findings, Conclusions and Decision