P-4-86 HE and Council Decision.pdf01MAZA-di
DECISION
OF THE
EDMONDS CITY COUNCIL
APPLICATION OF
METCO
M• ' • �
The application of Metco Construction
for preliminary plat approval _fnfile 1q_0_. _P'_-_4-_8_6 ' ---was
heard by the Edmonds City Council on January 20 , 1987. After
consideration of the testimony at the hearing and the
recommendations of its Hearing Examiner; the City Council hereby
adopts said recommendations with the following exceptions and
amendments.
141
1. The area designated as open space is adjacent to park land
owned by Snohomish County.
2. Dedication of the open space to public use by and through
Snohomish County would enhance the public interest by providing
unified public ownership and control within the area.
ADDITIONAL
CONCLUSIONS
1. Dedication of open space on the plat shall be made to
Snohomish County under such terms and conditions as it may
reasonably impose.
2. In the event that Snohomish County shall refuse to accept
said dedication, the applicant shall impose an open space
covenant upon the area shown on the preliminary plat in favor of
the lot owners, prohibiting construction and development of the
area, prohibiting removal of native growth and mandating
replanting in the event of fire, disease or other destruction of
the natural growth and ground cover.
3. All other conditions of approval as set forth in the Hearing
Examiner's decision are hereby incorporated by this reference as
if herein set forth.
Done this day of
CITY OF EDMONDS LARRY S. NAUGHTEN
250 5th AVE. N. ® EDMONDS, WASHINGTON 98020 ® (206) 771-3202 MAYOR
HEARING EXAMINER
FINDINGS AND RECUVFNIJAT]0.jS
I
OF THE HEARING EXAMINER OF THE
CITY OF EDMONDS
TN THE MATTED OF THY APPLICATION FILE NO: P-4-86
OF jERRY STEELE FOR k2P2U7RL Or
A PRELIMINARY PLAT
RECCOMENDATION: The revision to the
approved nine lot Pre-
liminary plat at 15720
61th Ave. W. Edmonds, WA
should be qrantej.
INTRODUCTION
Jerry Steele. 15720 66th Ave. W. Edmonds, WA 98020 Qereaftel_- 1
refurced to as applicant) has requesled a revision Lo an aMcvel'
nine lot Preliminary Plat at 15720 680h Ave. W., Edmonds, WA.
on Saptember 15, 1986, the d,,,d, City C,,,cjl granted preliw&
ary approval for Lhe subdivision. We applicaaL seeks tO M"Ify
vhe Preliminary Plat al,)proval by adding an additisnal three
"nd modifying the street setbacks on 10Es L. - K
A Hearing on the request was held before the Hearinq Exawinu,'
of the City of Edmonds an December 4, 1986.
At the Hearing the foijawing presented testimony and evidence:
Duane Bowman jurgin Sauerland jerry Skeele
Planning Department 23106 100th Ave. W. 15720 680 hve-
city at Edmonds Edmonds, WA 9802G Edmonds. WA 98020
Edmonds, WA 98020 .
rc
At the hearina tx
he tollawing ehibits were submitv0d and wc
ddmitted as pj,t f ..ho official record of tnese proceedings ;
Exhibit I - Staff Report
Exhibit 2 - Application/DeclaraLions
Exbibit 3 - Preliminary Plat
Exhibit 4 . mitigatad Declaration of
Exhibit 5 original Hearing Examiner Pack"t
C! KY %Oncil M"nat(';:a 15' L946 (:al
appro"al of P-4-06
I PLI 911t M 112 ra ri ILIP In Ir = r1l 1% N I r__ I I C. "r -1 -1 01 n Ch #I%
Exhibit 7 - Geotechnical Report
After due consideration of the evidence presented by the applicant;
evidence elicited during the public hearing; and, as a result
of personal inspection of the subject property in the surrounding
areas by the Hearing Examiner the following Findings of Fact and
Conclusions constitute the basis of the decisions of the Hearing
Examiner.
FINDINGS OF FACT
1. On September 15, 1986, the city council of the city of Edmonds
granted preliminary approval for a nine lot subdivision at
15720 68th Ave. W., Edmonds, WA. The applicant seeks a mod-
ification of the preliminary plat approval. The modification
includes the addition of three lots of the Plat and the mod-
ification of the street setbacks of Lots 1 - 6. (Bowman
Testimony)
2. The subject property is zoned RS -12. The comprehensive pol-
icy plan map designates the subject property as Low Density
Residential. (Staff Report)
3. The original Plat that was approved by the City Council
provided access to the site off 68th Ave. W. The street
within the site, 157th Pl. S.W., provided access to the nine
lots within the proposed subdivision. (Bowman Testimony)
4. The northeast Portion of the site is a steep sloped area
that has severe development limitations. The original Plat
was designed to have this steep sloped area be open space
with proposed lots 1,2,and 3 abutting this open spaced area.
In addition the cul-de-sac at the end of 157th Pl. S.W.
abutted the steep open spaced area. (Bowman Testimony)
5. The applicant has submitted a revised preliminary Plat.
The revised Plat includes three additional lots in the North
West corner of the Plat. These lots were recently acquired
by the applicant and are identified in the Plat map as lot
7, 8 and 9. (Sauerland Testimony)
6. In addition to the additional lots the applicant has pro-
posed a relocation of 157th S.W. to an area within the Plat.
This street will be further to the West of the original
street designA_ It will no longer abut the steep open space
and it will provide access to all of the lots within the
proposed subdivision. (Sauerland Testimony)
7. With the relocation of the road described in the previous
finding lots 1 - 6 of the proposed subdivision will front
157th Pl. S.W. on the East side of the street. The applicant
has requested that the front yard setbacks of these lots
be reduced from 25 feet to 15 feet. With these requested
reductions the building:pad on these lots will be located
away from the open spaced area and will result in a more
stable development. (Bowman Testimony)
M
8. The reduced setbacks will not be a special privilege granted
to the applicant. With the setbacks the lots may be developed
in a manner that will preserve the natural vegetation in
the open space. (Staff Report)
9. Special curcumstances exist for the allowance of the modi-
fication of the front yard setbacks. Because of the steep
open space the building pads should be developed as far to
the west of the site as possible. With the reduction of
the front yard setbacks this development can occur. (Bowman
Testimony)
10. The site is an environmentally sensitive site because of
the steep slopes within the open space and other steep slopes
on the property. A mitigated determination of nonsigni-
ficance has been issued for the proposed development.
11. The Planning Department of the City of Edmonds has recommended
approval of the preliminary plat modification for the allow-
ance of three additional lots, the modification of required
street setbacks, and the redesign of 157th Pl. S.W. The
approval of the planning department was subject to ten con-
ditions ds set forth in the Staff Report. (Staff Report)
12. No opposition testimony was received at the public hearing.
CONCLUSIONS
1. The application is for the approval of a modification to
the Preliminary Plat for a nine lot subdivision at 15720
68th Ave. W., Edmonds, WA, that was approved on September 15,
1986. The request of modification is for the allowance of an
additional three lots within the proposed subdivision, a re-
design of 157th Pl. S.W., and a modification of the required
street setbacks on lot 1 - 6.
2. The proposed preliminary Plat modification is consistent with
the zoning ordinance of the city of Edmonds and the purposes
of the RS -12 zone property.
3. The revised preliminary plat satisfies the development
standards for RS -12 zone property�within the City of Edmonds.
4. The revised Preliminary Plat Is consistentwith the com-
prehensive policy plan map of the City of Edmonds and the
low density residential designation. The surrounding resi-
dential area is low density residential.
5. The proposed revision in -the Preliminary Plat conforms with
the criteria of section 20.75.085 of the Edmonds Community
Development Code.
6. With conformance to the conditions of the mitigated DNS the
site can be developed in a manner that will preserve the
environmentally sensitive nature of the site.
7. Special circumstances exist for the granting of the modifi-
(3)
cations of the street setbacks. The special circumstances
include the steep sloped area and the attempt to preserve
these areas within the site.
8. The allowance of the street setback modification will not
be grant of special privileges— it will allow the develop-
ment of the site in a manner that will preserve the sensitive
slopes within the area.
9. The request of modifications are the minimum necessary for
the reasonable development of the property.
10. The planning department of the City of Edmonds is recommend-
ed approval of the Preliminary Plat modifications.
RECOMMENDATION
Based upon the preceding Findings of Fact and Conclusion, the
testimony and evidence submitted at the public hearing, and
upon the impressions of the Hearing Examiner at the site view
it is hereby recommended to the City Council of the City of
Edmonds that the Council approve the proposed revisions to the
division at 15720 68th Ave. W., Edmonds, WA. The council chould
allow an additional three lots to be located within the Pre-
liminary Plat; should reduce the required street setbacks on
lots 1 - 6 from 15 feet to 25 feet; and, should allow for
the redesign of 157th Pl. S.W.
These Preliminary Plat modifications should'be approved to the
following:
1. The applicant must comply with all engineering requirements
listed in exhibit 5. (attached hereto)
2. The applicant must comply with all conditions of mitigation
as listed in exhibit 4. (attached hereto)
3. No clearing shall be allowed below the top of the bank.
The restrictions against clearing shall be shown on the
face of the recorded final Plat. Clearing shall include
grubbing of brush or cutting of trees. The only exception
to the prohibition against clearing shall be for trees or
vegetation that are dead, dying, diseased, or pose a hazard
to the public. Prior to the cutting of any trees the ap-
plicant shall provide evidence of the condition of the tree
to the Planning Department of the City of Edmonds.
4. Dedication of 5' of right-of-way along the west side of
68th Ave. W. per the Official Street Map.
5. A standard fire hydrant shall be required near the property
line between Lots 2 and 3.
6. The existing house on Lot 9 shall change its address and
access''off 157th Pl. S.W.
7. A tree cutting plan showing the location of major stands
of trees and individual trees over 81' in diameter must be
provided.
8. Lot 1 is a corner lot. The setbacks shall be those shown
on Exhibit 3. (attached hereto)
9. Lot 11 is a flag lot. The setbacks shall be those as shown
on Exhibit 3. (attached hereto)
10. The open space tract shall be dedicated to the City of
Edmonds.
11. The street setbacks for Lots 1 - 6 shall be those as
shown on Exhibits 3. (attached hereto)
Entered this -.day of 1986, pursuant
to the authority granted under Chapter 20.100 of the Community
Development Code of the City of Edmonds.
C.-
,-14mes M. br 1sco 11
I;Iearing Examiner
N 0 T I C
You are hereby given notice that pursuant to RCW Section 35.63.
130 the foregoing Findings of Fact, Conclusions and Recommendations
have been submitted to the Mayor and City Council of the City of
Edmonds, Washington, for their consideration and approval. Council
action will occur at a later date.
PROCEDURE FOR RECONSIDERATION
All motions for reconsideration should be filed with fames M.
Driscoll, Hearing Examiner, City of Edmonds, Civic Center, Edmonds,
Washington, 98020, within ten (10) business days from the date of
these recommendations.
Tp,f,, final date for motion for reconsideration is 5 p.m. on
M
L li N D Is j\jJ E 0 W D A L E T R A C T S
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