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P-07-50 staff report.pdf CITY OF EDMONDS 121 - 5TH AVENUE NORTH, EDMONDS, WA 98020 PLANNING DIVISION FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS To: Hearing Examiner From : Mike Clugston Planner Date: AUGUST 30, 2007 File: P-2007-50 17-lot Plat (Townhouse Subdivision) Hearing Date, Time, and Place: September 6, 2007, at 3:00 PM Council Chambers, Public Safety Building th 250 -5 Avenue North, Edmonds, WA 98020 Applicant: Michel Construction, Inc. th 7907 – 212 Street SW #102 Edmonds, WA 98026 TABLE OF CONTENTS Section Page I. INTRODUCTION................................................................................................................2 A.Application........................................................................................................................................2 B.Decision............................................................................................................................................2 II. FINDINGS OF FACT AND CONCLUSIONS...................................................................3 A.Site Description.................................................................................................................................3 B.Compliance with the Comprehensive Plan........................................................................................3 C.Compliance with 20.15A, Environmental Review (SEPA)...............................................................4 D.Compliance with 20.75, Subdivisions...............................................................................................4 E.Compliance with 23.40, Environmentally Critical Areas..................................................................5 F.Public Comments..............................................................................................................................5 III. RECONSIDERATIONS......................................................................................................5 A.Request for Reconsideration.............................................................................................................6 B.Appeals.............................................................................................................................................6 C.Time Limits for Reconsideration and Appeals..................................................................................6 IV. NOTICE TO COUNTY ASSESSOR..................................................................................6 V. APPENDICES.....................................................................................................................6 VI. PARTIES OF RECORD......................................................................................................6 Michel Construction, Inc. 17-lot Plat File No. P-2007-50 Page 2 of 6 I.INTRODUCTION th The applicant is proposing a 17-lot formal plat at parcels addressed as 8016 – 8024 212 Avenue SW (Attachment 1). The proposal for the property includes nine new single family homes and the redevelopment of an existing duplex and 6-plex into a multi-family development consisting of 17 townhouse-style units (Attachment 2). The development and associated improvements on the property have already been reviewed and approved by the Architectural Design Board (Attachments 3 and 4). Civil improvements have also been approved and are currently being completed (Attachments 5 - 7). Nothing in this proposed subdivision plat will change what the previously approved project will look like. The intent of the townhouse subdivision review process is to facilitate design review and some site improvements prior to creating individual lots due to the close proximity of the structures thereby eliminating the possibility that conditions in the field could require significant adjustment to interior lot lines. As a result, the townhouse subdivision is more of an administrative matter related to the future ownership of the individual townhouse units on the property. A.Application 1.Applicant: Michel Construction, Inc. th 2.Site Location: 8016 – 8024 212 Street SW 3.Request: To divide four parcels of approximately 42,920 sq. ft. into 17 lots through a townhouse subdivision in a Multi-Family residential zone, RM-2.4. 4.Review Process: A Formal Plat is processed as follows: the Hearing Examiner conducts a public hearing and makes a final decision. 5.Major Issues: a.Compliance with Edmonds Community Development Code (ECDC) Section 16.30, RM- Multiple Residential. b.Compliance with Edmonds Community Development Code (ECDC) Title 18, Public Works Requirements. c.Compliance with Edmonds Community Development Code (ECDC) Section 20.15A, Environmental Review (SEPA). d.Compliance with Edmonds Community Development Code (ECDC) Section 20.75, Subdivisions. e.Compliance with Edmonds Community Development Code (ECDC) Section 20.100, Hearing Examiner, Planning Advisory Board and City Council Review. f.Compliance with Edmonds Community Development Code (ECDC) Section 23.40, Environmentally Critical Areas. B.Decision Based upon the Findings of Fact and Conclusions, Attachments and Exhibits submitted with the application and during the comment period, the following is the recommendation of the City of Edmonds Planning Division: The Subdivision should be APPROVED with the following conditions: 1.This application is subject to the applicable requirements contained in the Edmonds Community Development Code (ECDC). It is the responsibility of the applicant to ensure compliance with the various provisions contained in these ordinances. 2.Prior to approval of the final subdivision, the applicant must complete the following requirements: a)Complete the improvements found on the approved civil plans. b)Submit copies of the recording documents to the City for approval. These documents shall include on the plat all required information, including owner’s certification, hold harmless agreement, and staff approval blocks. Michel Construction, Inc. 17-lot Plat File No. P-2007-50 Page 3 of 6 c)Submit to the Planning Division a title report which verifies ownership of the subject property on the date that the property owners(s) sign the subdivision documents. 3.After recording the plat, the applicant must complete the following: a)Provide the City Planning Division with two copies of the recorded plat, with the recording number written on them. The subdivision will not be considered complete until this requirement is met. II.FINDINGS OF FACT AND CONCLUSIONS A.Site Description 1.Site Development, Neighboring Development, and Zoning: A.Size: The subject property is roughly rectangular in shape with 175 feet of frontage along th 212 Street SW. With a depth of approximately 245 feet, the total area of the site is nearly th one acre (42,920 sq. ft.). A road off of 212, Tract A, will provide access to all of the lots on th the site with the exception of Lot 16 which will gain direct access to 212 using an existing driveway. B.Land Use: The property has received approval through the design review process for 17 dwelling units and the associated site improvements. C.Zoning:The zoning of the subject property is Multiple Residential, RM-2.4. D.Terrain and Vegetation: The subject site is essentially flat and contains existing landscaping around the duplex and 6-plex which will be retained with the remainder of the site being landscaped as approved by the Architectural Design Board. E.Surrounding Zoning: The site is bordered on the north, east and west by similarly developed RM-2.4 parcels. Single-family residences in an RS-8 zone bound the site to the south. The redevelopment of the existing duplex and 6-plex and the addition of single-family residences in a townhouse style should blend in well with the existing neighborhood. B.Compliance with the Comprehensive Plan The Comprehensive Plan has the following stated goals and policies for Residential Development that apply to this project. Residential Development B. Goal. High quality residential development which is appropriate to the diverse lifestyle of Edmonds residents should be maintained and promoted. The options available to the City to influence the quality of housing for all citizens should be approached realistically in balancing economic and aesthetic consideration, in accordance with the following policies: B.1. Encourage those building custom homes to design and construct homes with architectural lines which enable them to harmonize with the surroundings, adding to the community identity and desirability. B.3 Minimize encroachment on view of existing homes by new construction or additions to existing structures. B.4. Support retention and rehabilitation of older housing within Edmonds whenever it is economically feasible. B.5. Protect residential areas from incompatible land uses through the careful control of other types of development and expansion based upon the following principles: Michel Construction, Inc. 17-lot Plat File No. P-2007-50 Page 4 of 6 B.5.a Residential privacy is a fundamental protection to be upheld by local government. B.5.c Sable property values must not be threatened by view, traffic or land use encroachments. B.5.d. Private property must be protected from adverse environmental impacts of development including noise, drainage, traffic, slides, etc. B.6. Require that new residential development be compatible with the natural constraints of slopes, soils, geology, vegetation and drainage. 1.The City of Edmonds Comprehensive Plan, pages 18-23, reviews the land capacity of the City and addresses the City’s strategy for meeting the population and employment targets set for us by the County and the State. The preferred strategy is called “Design Infill”. Due to the overwhelming feedback to the City from its citizens which stated generally “Preserve the single family character of Edmonds. Don’t rezone areas to higher densities.” the City adopted this strategy. At its core, Design Infill encourages infill development under the existing densities with design controls to ensure that new development will fit into existing neighborhoods. This proposal involves retaining and updating an existing duplex and 6-plex while creating an additional nine new single-family houses in order to maximize the underlying density of the RM- 2.4 zone. For this reason, and because the site is already well-served by existing infrastructure, the proposal meets requirements of the Comprehensive Plan. C.Compliance with 20.15A, Environmental Review (SEPA) 1.Environmental Determination: A Determination of Nonsignificance (DNS) was issued by the City’s SEPA Responsible Official on December 16, 2005 (Attachment 5 of Attachment 3). This decision was adopted as part of the formal subdivision (Attachment 8). At this time, the applicant and the City have satisfied the requirements of SEPA. D.Compliance with 20.75, Subdivisions 1.Subdivision Review Criteria A.Environmental Resources 1.)Compliance with the Comprehensive Plan and the Critical Areas ordinance ensures that environmental resources are protected in the City of Edmonds. B.Lot and Street Layout This proposal is based on the concept of the townhouse subdivision. According to ECDC 21.100.040, a townhouse is a multiple dwelling unit meeting the following criteria: No dwelling unit overlapping another vertically; · Common side walls joining units; · Not more than six dwelling units in one structure; · Coverage shall not exceed the aggregate coverage of the individual structures as · defined in the zoning code; Lot area per unit for purposes of subdivision may be as small as the coverage of the · individual unit, so long as the overall density meets the zoning on the site. Portions of the site not subdivided for individual units shall be held in common by the owners of the individual units. Michel Construction, Inc. 17-lot Plat File No. P-2007-50 Page 5 of 6 1.)Lots must be designed to contain a usable building area. Based on a review of the project, the analysis in this section, and the previous design review, each of the lots is buildable. 2.)Lot sizes and dimensions. Because this project is being developed as a townhouse subdivision, lot area per unit may be as small as the coverage of the individual unit, as long as the overall density meets the zoning on the site. For this project, the underlying density on the entire project site could yield a maximum of 17 dwelling units. As a result, the proposal meets this requirement. 3.)Setbacks: Typical setbacks for lots in the RM-2.4 zone are: Street setbacks 15' Side setbacks: 10’ Rear setbacks: 15’ Using the townhouse subdivision model, the exterior of the project site must meet the underlying zoning setbacks. In this case, the exterior setbacks conform with the underlying RM-2.4 requirements. With respect to internal setbacks, attached units will have lot lines along common walls whereas detached units have the flexibility to place lot lines from the outer edge of a dwelling unit’s exterior wall (zero lot lines) to anywhere between an adjacent dwelling unit. The remodeled duplex and 6-plex in this project meet the common wall lot line requirements. Similarly, the proposed single family dwelling unit lots have interior setbacks which range from zero up to five feet. 4.)Lot Coverage of Existing Buildings on Proposed Lots: The coverage of the existing and proposed structures meets the 45% lot coverage requirement over the entire project site. C.Dedications 1.)No dedications were required for this project. D.Improvements 1.)See approved civil drawings (Attachments 5 - 7). E.Flood Plain Management 1.)This project is not in a FEMA designated Flood Plain. E.Compliance with 23.40, Environmentally Critical Areas 1.Critical Areas Reviews: CRA1998-89, -90, -91 and -92 2.Results of Critical Areas Reviews: The property does not appear to contain any critical areas as defined in ECDC 23.40. As a result, waivers were issued for each of the reviews referenced above. F.Public Comments 1.No public comments were received during the comment period. III.RECONSIDERATIONS The following is a summary of the deadlines and procedures for filing reconsiderations. Any person wishing to file or respond to a recommendation or appeal should contact the Planning Division for further procedural information. Michel Construction, Inc. 17-lot Plat File No. P-2007-50 Page 6 of 6 A.Request for Reconsideration Section 20.100.010.G allows for the Hearing Examiner to reconsider his decision if a written request is filed within ten (10) working days of the posting of the notice required by this section. The reconsideration request must cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed. B.Appeals Section 20.105.020.A & B describe how appeals of a Hearing Examiner decision shall be made. The appeal shall be made in writing, and shall include the decision being appealed along with the name of the project and the date of the decision, the name of the individual or group appealing the decision, their interest in the matter, and reasons why the appellant believes the decision to be wrong. The appeal must be filed with the Community Development Director within 14 calendar days after the date of the decision being appealed. C.Time Limits for Reconsideration and Appeals The time limits for Reconsideration and Appeals run concurrently. If a request for a reconsideration is filed before the time limit for filing an appeal has expired, the time clock for filing an appeal is stopped until a decision on the reconsideration request is completed. Once the Hearing Examiner has issued his decision on the reconsideration request, the time clock for filing an appeal continues from the point it was stopped. For example, if a reconsideration request is filed on day 5 of the appeal period, an individual would have 9 more days in which to file an appeal after the Hearing Examiner issues his decision on the reconsideration request. IV.NOTICE TO COUNTY ASSESSOR The property owner may, as a result of the decision rendered by the staff, request a change in the valuation of the property by the Snohomish County Assessor's Office. V.APPENDICES 1.Vicinity/Zoning Map 2.Preliminary Plat, received 7/18/07 3.ADB staff report dated 1/18/06 4.ADB meeting minutes from 2/1/06 (synopsis) 5.Approved Grading Plan, 10/27/06 6.Approved Road and Drainage Plan, 10/27/06 7.Approved Sewer and Water Plan, 10/26/06 8.Environmental Adoption Notice, dated 7/26/07 9.Affidavits of Publication, Posting and Mailing VI.PARTIES OF RECORD Scott Schlumberger Planning Division Fire Department Michel Construction, Inc. Engineering Division Parks & Rec. Division th 7907 212 St. SW, #102 Public Works Division Edmonds, WA 98026