HearingExaminerDecision.pdf
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121 5 Avenue North, Edmonds WA 98020
www.edmondswa.gov
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DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
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BEFORE THE HEARING EXAMINER FOR THE CITY OF EDMONDS
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Phil Olbrechts, Hearing Examiner
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RE: Woodway Court II
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FINDINGS OF FACT, CONCLUSIONS
Preliminary Plat OF LAW AND FINAL DECISION
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PLN20160023
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INTRODUCTION
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The applicant is proposing a five-lot preliminary plat for a 54,913sf (1.26 acres)
property in the RS-8 zone located at 23800 104th Avenue West into five lots. The
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proposed preliminary plat is approved subject to conditions.
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ORAL TESTIMONY
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Kernen Lien, Edmonds Senior Planner, summarized the staff report. He noted that for
the alley on the south, the City Council adopted Resolution 1005 around the year
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2000 limiting access to specified private lots, which is why access for the proposed
subdivision is located to the north. The project site used to be part of a cemetery. It
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s have some maintenance sheds. A
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primary concern raised by neighbors was prohibiting access on the southern access,
so staff have added a recommended condition of approval prohibiting access to the
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alley to ensure that the requirements of Resolution 1005 are met.
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Ryan McDuffie, applicant, affirmed there would be no access to the south. There is a
tract dedicated to dealing with a potential asphalt encroachment. The applicant hopes
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to just give the asphalt back to the City.
Preliminary Plat p. 1 Findings, Conclusions and Decision
Rob Nelson, neighbor, noted that there are numerous trees located in Tract999 and
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they should be saved. The neighbors are agreeable with the dirt piles from the
cemetery being removed from the project site. He is concerned that the removal of the
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piles will direct water onto adjoining property. He noted that two years ago the City
had to install sump systems to deal with runoff from new development.
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want to see a stormwater problem happen again. In response to examiner questions,
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have, including standing water. He is also concerned with rodent damage. He
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ve any specific code provisions for rodent control.
However, as a result of the Woodway Meadows preliminary plat approval he spent
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six months getting rid of rats on his property. Woodway Highlands was the same
thing. Rodent control should be done before clearing is undertaken. He would like to
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see a fence placed on the south alley side of the project to prevent alley access. He
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noted that another project had fencing on the property lines to prevent access. He
wanted to know if the cemetery sheds at the project site contain any hazardous
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materials.
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Claude Tate, neighbor, noted he lives adjacent to proposed Lot No. 1. He noted that
the project site is flat a
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down the southern alley to the east identified by Mr. Nelson.
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Sheila Nelson, neighbor, said she was told that meters would be placed along the
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southern alley. She wanted to know if there were adequate easements for meter
access. Also, when the vegetation on Woodway Meadows was cleared, there was an
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influx of rats. Woodway Meadows was approved several years ago. The Meadows
project also called drainage problems.
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Eric Montgomery, neighbor, wanted to know if the south alley was 20 feet wide and
also wanted to know if the meter readers would use the south alley. He was also
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concerned about new adjoining homeowners looking into his home. Mr. Montgomery
was also concerned about stormwater impacts.
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Mr. Lien showed a Google Earth aerial photograph of the project site. Preliminary
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plat approval has been granted for a nearby 4-eve
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any work has been done yet. Woodway Highlands is located in the Town of
Woodway to the west and was approved approximately in the year 2000. Woodway
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Meadows was approved in the early 1970s and is also located to the west. The project
water and sewer lines will be located in the alley to the south. Construction work will
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have to be done in the southern alley that may involve some disruption to alley
access. The recommended conditions of approval require notice to be provided to the
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properties served by the alley before any construction work is done that may disrupt
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access. The approximate location of water meters is depicted in the civil plans and the
final location will be set during engineering review. The southern alley is a parcel
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owned by the city and its 20 feet wide
Preliminary Plat p. 2 Findings, Conclusions and Decision
Jeanie McConnell, Edmonds Engineering Program Manager, noted that preliminary
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stormwater design has been prepared according to City standards. Project site soils
infiltrate well. The soils have an infiltration rate of 10 inches per hour but the
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applicant has taken a conservative approach and designed its system for a rate of two
inches per hour. She noted that code standards require that off-site stormwater flows
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not be increased as a result of the project and that often off-site conditions are
improved. In response to examiner questions, Ms. McConnell noted that current
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stormwater standards do provide for better stormwater control than the regulations
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that applied to the Woodway Meadows and Highlands projects Her experience with
the current stormwater standards is that they improve upon pre-development off-site
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stormwater impacts.
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Mr. Lien noted that the height of the new homes are limited to a 25 foot height from
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average grade.
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In response to a question from the examiner asking if the applicant would have a
problem with a condition requiring rodent control, Mr. McDuffie responded that he
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if there was a rodent problem.
to sustain rats under current conditions. The majority of trees in Tract 999 will be
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removed to accommodate access improvements. There is an existing water main in
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the southern alley and he believes the utility will be tapping meters into that line.
Most likely the meters will be in Tract 998. In response to an examiner question about
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placing a fence on the southern property line, Mr. McDuffie responded that a fence
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EXHIBITS
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Ex. 1 Attachments 1-24 of the Staff Report
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Ex. 2 Staff Report
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FINDINGS OF FACT
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Procedural:
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1. Applicant/Owner. Preferred Funeral Services.
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2. Hearing. The Hearing Examiner conducted a hearing on the application
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on October 13, at 3:00 p.m. at the Edmonds Public Safety Complex in the Council
Chambers.
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Substantive:
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3. Site/Proposal Description. The applicant is proposing a five-lot
preliminary plat for a 54,913sf (1.26 acres) project site in the RS-8 zone located at
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23800 104th Avenue West into five lots. The subdivision will be accessed off 104
Preliminary Plat p. 3 Findings, Conclusions and Decision
Avenue Westwith all of the houses in the development fronting a private access tract
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(Tract 999). The subject property is relatively level. Over the years, the site has been
used to stockpile dirt from cemetery operations. Three stock pile areas are identified
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on the preliminary engineering plan in Attachment 4. These stockpiled areas of dirt
are identified for removal. Most of the site is current covered in blackberries. The
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survey (Exhibit 1, Attachment 3) identified 12 trees on the site and a hedge. All the
trees and the hedge are located where the access road is proposed and thus will all be
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removed.
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The following table summarizes the dimensions of the proposed lots:
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Required Proposed Proposed
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Lot Area Gross Area Net Area (sq. ft.)
(sq. ft.)
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Lot 1 8,000 9,854 9,854
Lot 2 8,000 8,236 8,236
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Lot 3 8,000 8,380 8,380
Lot 4 8,000 8,289 8,289
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Lot 5 8,000 8,039 8,039
Tract 998 0 1,038 1,038
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Tract 999 0 11,077 0
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4. Characteristics of the Area. The site is located within a single-family
residential neighborhood in southwest Edmonds. The subject property and the
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surrounding area are zoned RS-8 (single-family residential; 8,000 square foot
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minimum lot size). The subject property is part of the Restlawn Cemetery. Though no
plots exist on the subject property, there are maintenance sheds for the Restlawn
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Cemetery located on the property. Restlawn Cemetery is just north of the site. The
surrounding area is developed with single-family residences.
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5. Adverse Impacts. There are no significant adverse impacts created by the
proposal. Impacts are more specifically addressed as follows:
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A.Critical Areas. There are no shorelines or critical areas or buffers on or
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affecting the subject site.. No adverse environmental impacts are anticipated.
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B.Rodents. Evidence presented by neighboring property owners suggests the
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presence of rats that must be mitigated by conditions of approval. Citizen
comments from the adjoining Forest Glen neighborhood (Exhibit 1,
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Attachment 23) and testimony from Rob Nelson and Sheila Nelson expressed
concern that land clearing activities would result in an influx of rats to
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adjacent properties, as has occasionally happened in the past with other
developments. The applicant contends there is no habitat for rats on the
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subject site, though no evidence exists as to whether rats do or do not live
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within the brambles currently occupying the site. Since neighbors have raised
a reasonable inference that rats may be present at the site and the applicant has
not provided any compelling evidence to the contrary, a finding of no off-site
impacts as required by subdivision criteria cannot be made absent a condition
Preliminary Plat p. 4 Findings, Conclusions and Decision
requiring assessment the presence of rats and extermination as necessary. As
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conditioned, potential rat impacts are adequately addressed.
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C.Alley Access. Forest Glen residents expressed several concerns related to the
adjacent alley bordering the project to the south including the rights of access,
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maintenance, an encroachment, and water meter locations. The concerns are
related to whether the proposal will violate the restricted use of the alley,
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which was limited by a City Council resolution. As conditioned, the proposal
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will not expand the use of the southern alley beyond that intended by the City
Council.
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Specifically, the Forest Glen neighborhood (Ex. 1, Att. 23) noted City of
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Edmonds Resolution No. 1005 (Ex. 1, Att. 24) limits the access to the private
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alley and precludes use by the proposed lots. The Resolution does limit access
to the lots as created at the time of the Resolution in 2000, however it permits
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utility and emergency access. None of the proposed lots will take access from
the alley. They will access Tract 999 on the north side of the development.
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Construction access will primarily occur from the north, though utilities
installation will occur in the alley. The applicant will provide an access
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easement to the City for that portion of the alley that encroaches onto parcel
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004527000000500, but the alley itself will not be widened. A condition of
approval will require the applicant to record a note on the face of the plat
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stating the access restrictions imposed by Resolution 1005. The conditions of
preliminary plat approval also restrict access onto the southern alley, thus
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ensuring that no driveways or other driveway connections will be made to the
alley.
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With respect to water meter locations, it appears likely that water meters will
be accessed by public utilities from the southern alley since the water mains
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serving the project site are located in or adjacent to the southern alley and the
water meter locations are depicted near the alley in project civil plans. As
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previously noted, Resolution No. 1005 has a provision allowing franchised
utility companies to use the alley to maintain utility facilities and access them.
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Given the small amount of traffic generated by meter readings, the current
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existence of utility lines and the express authorization for utility use, there's no
basis to require the meters to be relocated. A condition of preliminary plat
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approval requires
alley that may limit access. Any impact to the alley caused by the
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development of the site will be repaired by the developer.
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D.Grading. The grading of the proposal will not adversely affect adjoining uses.
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The Forest Glen neighborhood (Ex.1, Att. 23) requested the applicant bring
the finished grade to level with the cemetery and the adjacent alley on the
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south side. As proposed, the grading of the proposal is consistent with City
development standards and is appropriate for the project site. As determined
below, the proposal will also not create any adverse stormwater impacts.
Preliminary Plat p. 5 Findings, Conclusions and Decision
Given these factors, it is determined that the proposed grading will not create
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any significant adverse impacts.
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Pertinent grading standards include ECDC 20.75.085.A.2, which requires
proposals to minimize grading by using shared driveways and by relating
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street, house site and lot placement to the existing topography. The
Comprehensive Plan Vegetation and Wildlife Goals (B.4) similarly
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encourages minimal grading. The proposal minimizes grading because all the
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proposed residences will gain access via the proposed private drive shown as
Tract 999 on the preliminary plat map, and the future home sites generally
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conform to the existing topography. The proposal will remove the stockpiles
of dirt on the subject but does not propose further extensive grading. The
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grading plan is consistent with the subdivision approval requirements and the
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Comprehensive Plan.
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E.Views. The maximum height for a new house in the RS-8 zone is 25 feet
from average original grade, which serves to minimize the negative impact to
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existing views in the vicinity. Aside from the height limits, the Edmonds
Community Development Code does not contain specific regulations
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regarding private view protection within single-family zones so there is no
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code authority to impose any additional view protections.
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F.Hazardous Conditions. The staff report notes that there are no known
hazardous conditions, such as flood plains, steep slopes, or unstable soil or
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geologic conditions at the project site. At the hearing a neighbor questioned
whether the maintenance sheds contained any hazardous substances, but there
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is nothing to reasonably suggest that such materials would be present. Given
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that there is no evidence to the contrary, the staff finding is taken as a verity.
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6. Adequacy of Infrastructure and Public Services. As conditioned by this decision,
adequate infrastructure will serve development as follows:
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A.Drainage: Drainage will be adequately provided. The Forest Glen
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neighborhood (Ex. 1, Att. 23) and testimony expressed concern regarding
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drainage into the adjacent alley and neighboring properties. The
drainage standards impose detailed requirements that mandate that the
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development maintain pre-development off-site stormwater flow volumes and
velocities (Chapter 18.30 ECDC). Consequently, no adverse impacts to
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adjoining properties are anticipated. A preliminary drainage assessment, Ex.
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Adverse impacts the severity of which are not subject to reasonable dispute, such as rat infestation,
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can be addressed by general subdivision standards that require the mitigation of off-site impacts. In
contrast, aesthetic and view impacts are highly subjective and can only be mitigated if there can be no
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reasonable disagreement as to whether the impact is considered significantly adverse. Cf. Anderson v.
Issaquah, 70 Wn. App. 64 (1993). No one can seriously dispute that a potential rat infestation is a
significant adverse impact. There can be plenty of disagreement over whether view blockage caused
by a 25 foot home is significantly adverse.
Preliminary Plat p. 6 Findings, Conclusions and Decision
1, Att. 5,has been completed for the project andreviewed by engineering
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staff. A storm system designed for the 50-year storm event (2% chance of
occurrence in any given year) will be located in Tract 999. The emergency
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overflow is not connected to any other storm system. Engineering will require
the overflow to be moved further away from the property line during civil
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review to provide the overflow opportunity to infiltrate preventing runoff from
the development.
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B.Transportation: All of the proposed lots will front the access Tract 999, which
will not be a highway, arterial or collector street. Tract 999 will enter the site
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from 104 Avenue West which is a local street
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Comprehensive Transportation Plan. With Tract 999 taking access from 104
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Avenue West, and having all of the proposed residences fronting Tract 999,
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transportation impacts are minimized.
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C.Parks and Open Space: According to ECDC 20.75.090, before or concurrent
with the approval of the final plat of any subdivision, the subdivider shall
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dedicate land, pay a fee in-lieu of dedication, or do a combination of both, for
park and recreational purposes. With the adoption of Ordinance 3934 in 2013,
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park impacts are now addressed through the assessment of park impact fees in
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accordance with Edmonds City Code (ECC) Chapter 3.36. No park dedication
or fees are required with the subdivision. Park impact fees will be assessed
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with issuance of the future building permits on the new lots consistent with
ECC 3.36.
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D.Water and Sewer: The Staff Report (Ex. 2) states water and sewer service
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will be provided by Olympic View Water and Sewer. Olympic View Water
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and Sewer District were notified of the development and certified capacity via
the Edmonds Utility Consortium form. Olympic View Water and Sewer
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District will also review the civil construction plans for the development.
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E.Schools and Sidewalks: The proposal is served by adequate schools and has
safe walking conditions to and from school. The subject parcel is primarily
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served by three area schools: Sherwood Elementary, College Place Middle
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School, and Edmonds Woodway High School. The site is within one mile of
Sherwood Elementary which means it is not served by a school bus. The
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Edmonds School District provides a suggested walking route north along
104th Avenue West to 106th Avenue West and Sherwood Elementary
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(Attachment 23). Along this suggested walking route, there exists a wide
shoulder which provides safe pedestrian travel to 106th Avenue West where a
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sidewalk is present on the east side of the road to Sherwood Elementary. The
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bus stop for College Place Middle school is located on the corner of 104th
Avenue West and 237th Place SW with safe walking route along the shoulder
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to the bus stop. The bus stop for Edmonds Woodway High School is located
at Firdale Avenue and 100th Avenue West. The City of Edmonds recently
Preliminary Plat p. 7 Findings, Conclusions and Decision
installed sidewalks along 238th Street SW, so there is also a safe walking
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route to the Edmonds Woodway High School bus stop.
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CONCLUSIONS OF LAW
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Procedural:
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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
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preliminary subdivision applications, classifying them as Type III-B applications.
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Substantive:
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2. Zoning Designation. The subject property is zoned Single-Family
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Residential (RS-8).
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3. Review Criteria and Application. Chapter 20.75 ECDC governs the
review criteria for subdivisions. Relevant criteria are quoted below and applied
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through corresponding conclusions of law.
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ECDC 20.75.085(A):
Environmental.
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1. Where environmental resources exist, such as trees, streams, ravines or wildlife
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habitats, the proposal shall be designed to minimize significant adverse impacts to
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the resources. Permanent restrictions may be imposed on the proposal to avoid
impact.
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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.
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3. Where conditions exist which could be hazardous to the future residents of the
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land to be divided, or to nearby residents or property, such as flood plains, steep
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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
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paragraphs A(1) and (2) of this section.
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4. The proposal shall be designed to minimize off-site impacts on drainage, views
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and so forth.
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4. The criterion is satisfied. As determined in Finding of Fact No. 5, as
conditioned there are no significant adverse environmental impacts associated with the
project and there are no environmental resources on or near the site. As noted above in
Preliminary Plat p. 8 Findings, Conclusions and Decision
Findingof Fact No. 3, all of the trees are located within the proposed road right of
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way. Though the City promotes the retention of as many trees as practicable and
encourages the location of building areas with the goal of retaining as many of the
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trees as possible, the location of the road lines up with an access road from an earlier
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short subdivision to the east. Resolution No. 1005 prohibits new access from the alley
to the south, so there is no other feasible access for the property in order to save trees.
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As further determined in Finding of Fact No. 5D, the proposal minimizes grading
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through use of a shared private access tract to serve all proposed lots. As determined
in Finding of Fact No. 5E and F, there are no adverse view impacts created by the
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proposal and the project site has no hazardous conditions. A preliminary drainage plan
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was submitted with the preliminary plat, Ex 1, Att. 5 and as determined in Finding of
Fact No. 6 the proposed drainage facilities have been determined to be adequate. An
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impact that is fairly unique to the project has been identified by neighbors as a
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potential rat problem as determined in Finding of Fact No. 5. In order to minimize
off-site impacts caused by the displacement of rats as required by ECDC
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20.75.085(A)(4) above, a condition is added to this decision requiring the applicant to
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hire an exterminator to assess the presence of rats and exterminate as needed.
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ECDC 20.75.085(B):
Lot and Street Layout.
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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
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special conditions can be imposed on the approval which will ensure that the
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lot is developed properly.
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2. Lots shall not front on highways, arterials or collector streets unless there is
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no other feasible access. Special access provisions, such as shared driveways,
turnarounds or frontage streets may be required to minimize traffic hazards.
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3. Each lot shall meet the applicable dimensional requirements of the zoning
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ordinance.
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4. Pedestrian walks or bicycle paths shall be provided to serve schools, parks,
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public facilities, shorelines and streams where street access is not adequate.
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5. The criterion quoted above is met. As determined in the staff report, all
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proposed lots meet the dimensional requirements of the RS-8 zoning district. Each
lot contains a buildable area as is readily evident from the plat map, Ex. 1, att. 3,
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and the fact that the project site is flat without any environmental constraints. The
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proposed lots do not front on any highways, arterials or collector streets. As noted
in Finding of Fact No. 6, sidewalks and wide shoulders provide a continuous
walking path from the proposed subdivision to Sherwoood Elementary and to bus
Preliminary Plat p. 9 Findings, Conclusions and Decision
stops for College Place Middle School and Edmonds Woodway Hight School.The
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staff report
private access road, however, the design drawings, Ex. 1, att. 4, do show a road
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cross-section that appears to at least propose a five foot shoulder along the private
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access road.
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ECDC 20.75.085(C):
Dedications.
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1. The city council may require dedication of land in the proposed subdivision
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for public use.
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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
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recommendation from the planning advisory board.
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3. Any approval of a subdivision shall be conditioned on appropriate dedication
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of land for streets, including those on the official street map and the preliminary
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plat.
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6. Per the City Engineering Division requirements, Ex. 1, att. 11, no
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dedications are required.
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ECDC 20.75.085(D):
Improvements.
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1. Improvements which may be required, but are not limited to, streets, curbs,
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pedestrian walks and bicycle paths, sidewalks, street landscaping, water lines,
sewage systems, drainage systems and underground utilities.
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2. The person or body approving a subdivision shall determine the improvements
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necessary to meet the purposes and requirements of this chapter, and the
requirements of:
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a. ECDC Title 18, Public Works Requirements;
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b. Chapter 19.75, Fire Code, as to fire hydrants, water supply and access.
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This determination shall be based on the recommendations of the community
development director, the public works director, and the fire chief.
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7. The project has undergone extensive review by the community
development director, the public works director (specifically engineering) and Fire
Preliminary Plat p. 10 Findings, Conclusions and Decision
District No. 1. The proposal providesfor adequate public infrastructure as determined
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in FOF No. 6. Further, since RCW 58.17.110 mandates that preliminary short plats
may not be approved absent a finding of adequate infrastructure, the criterion above is
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broadly construed to require the findings required by RCW 58.17.110 and those
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findings are made as detailed in FOF No. 6.
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ECDC 20.75.085(E):
Flood Plain Management. All subdivision proposals shall
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comply with the criteria set forth in the Edmonds Community Development Code for
flood plain management.
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8. This project is not in a Flood Plain Management area.
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DECISION
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All subdivision criteria are met and the subdivision is approved as proposed in Ex. 1
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att. 3 through 6 and as described in this decision, subject to the following conditions:
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1.This application is subject to all applicable requirements contained in the
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Edmonds Community Development Code (ECDC). It is the responsibility of the
applicant to ensure compliance with all applicable requirements.
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2.The applicant is responsible for obtaining all local, state, and/or federal permits or
approvals applicable to the proposal.
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3.The cemetery maintenance structures located on the property must be demolished
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prior to submitting for final approval of the subdivision.
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4.In accordance with Resolution No. 1005, none of the lots can provide access to
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the alley on the south side of the subdivision.
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5.The developer must provide notice to property owners that have access of the
alley on the south side of the development at least one week prior to beginning
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any work in the ally the would limit access to those properties.
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6.Prior to recording, the applicant must complete the following requirements:
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a.Civil plans must be approved prior to recording. In completing the civil
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plans, the following must be addressed:
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i. as
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ii.Tract 999 shall be striped and/or signed no parking to provide fire
access as determined by the fire marshal.
Preliminary Plat p. 11 Findings, Conclusions and Decision
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b.Make the following revisions to the plat:
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i.Indicate the locations of all new easements, and provide easement
descriptions and maintenance provisions for all new easements.
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ii.If setbacks are to be included on the plat, confirm that setbacks are
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shown consistently with Section II.E.3 of this report and add the
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following statement to the face of the pl
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iii.Indicate the gross and net areas of each lot on the final plat.
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iv.
certification, hold harmless agreement, Development Services and
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v.Make sure all documents to be recorded meet the Snohomish
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7.Submit an updated copy of the title report (plat certificate) with the documents
proposed to be recorded. The title report must be prepared within 30 days of
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submittal for final review.
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8.Submit two copies of the documents to be recorded for the Planning Division and
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recorded with the Snoho
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9.After recording the plat, the applicant must complete the following:
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a.
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10.Prior to final plat approval, the applicant shall hire a rat exterminator to assess
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whether rats are present at the site and to exterminate any rats found thereon.
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11.The applicant must record a note on the face of the plat stating the access
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restrictions imposed by Resolution 1005.
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Dated this 27th day of October 2016.
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City of Edmonds Hearing Examiner
Preliminary Plat p. 12 Findings, Conclusions and Decision
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Appeal Right and Valuation Notices
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A party of record may submit a written appeal of a Type III-B decision such as this
preliminary plat decision within 14 days of the date of issuance of the decision. The appeal
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will be heard at a closed record review before the City Council according to the
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requirements of ECDC Chapter 20.07.
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Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
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Preliminary Plat p. 13 Findings, Conclusions and Decision