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pln200600024-10824.PDFcity of edmonds land use application ❑ ARCHITECTURAL DESIGN REVIEW • ' • ❑ COMPREHENSIVE PLAN AMENDMENT FILE # CAO - 05 24 ZONE S Z ❑ CONDITIONAL USE PERMIT ❑ HOME OCCUPATION DATE REC'D BY 61 LeiQ A-, ❑ FORMAL SUBDIVISION FEE 60b' 00 RECEIPT# ❑ SHORT SUBDIVISION ❑ LOT LINE ADJUSTMENT HEARING DATE ❑ PLANNED RESIDENTIAL DEVELOPMENT ❑ HE ❑STAFF ❑ PB ❑ ADB El CC ❑ OFFICIAL STREET MAP AMENDMENT ❑ STREET VACATION ❑ REZONE 16 — 6 to r-dA4 ► -9 C ❑ SHORELINE PERMIT 49 D - 10061 �I �'� 9 & 'h'eG c.uti ❑ �- VARIANCE� / REASONABLE USE EXCEPTION OTHER: �O OI� l �r ��- J-�+.t�T PROPERTY ADDRESS OR LOCATION I Nip t (r• PROJECT NAME (IF APPLICABLE) PROPERTY OWNER PHONE # ADDRESS 41oa- C`21 t is - Dr- E-MAIL ADDRESS FAX # lq%7 -CI ry TAX ACCOUNT# 1,,t Q*1$ 001eDPFi>0 SEC. 14 TWP. 1/q' RNG, 1 DESCRIPTION OF PROJECTOR PROPOSED USE rlctv�r�� 1c, Ca'ScA� 5 APPLICANT :� {c 9=.i5 � PHONE #. 10L^199 ^ P`G ADDRESS 9tti OT die_ l�te.�� t�- 5 L'? E-MAIL ADDRESS FAX # CONTACT PERSON/AGENT HONE # 43-52 a. l P ^ 3 S Q ADDRESS cl' _ - ' 1,4 - r& k 06 . --1 E-MAIL ADDRESS FAX # The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/her/its agents or employees. By my signature, I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that I am authorized to filet 's pplication on the behalf of the owner as listed below. SIGNATURE OF APPLICANT/AGENT — DATE. J2 / Property Owner's Authorization By my signature, I certify that I have authorized the above Applicant/Agent to apply for the subject land use application, and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the purposes of inspfcyon and posting attendant to this application. SIGNATURE OF DATE 2- This application form was revised on 1/27/00. To verify whether it is still current, call (425) 771-0220. L:\LIBRARYTLANNINGTF s & HandoutsTublic Handouts\Land Use Applic4m.doc M CITY OF EDMONDS 121 - 5TH AVENUE NORTH, EDMONDS, WA 98020 PLANNING DIVISION ADVISORY REPORT CONCLUSIONS, AND RECOMMENDATIONS To: File From: Date: File: Senior Planner MARCH 15, 2006 CU-2006-24 TABLE OF CONTENTS Section Page 1. INTRODUCTION.........................................................................................................................................1 A. APPLICATION..............................................................................................................................................I B. DESCRIPTION OF PROPOSAL........................................................................................................................2 C. DECISION....................................................................................................................................................2 H. FINDINGS OF FACT AND CONCLUSIONS...........................................................................................2 A. SITE DESCRIPTION......................................................................................................................................2 B. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLIANCE.......................................................3 C. EDMONDS COMPREHENSIVE PLAN COMPLIANCE........................................................................................4 D. TECHNICAL COMMITEE.............................................................................................................................4 III. RECONSIDERATION AND APPEALS.....................................................................................................4 A. REQUEST FOR RECONsIDERATION..............................................................................................................4 B. APPEALS.....................................................................................................................................................4 IV. LAPSE OF APPROVAL..............................................................................................................................4 V. ATTACHMENTS.........................................................................................................................................5 VI. PARTIES OF RECORD...............................................................................................................................5 I. INTRODUCTION A. Application 1. Applicant: Stephen Ross 2. Site Location: 9102 Olympic View Dr.- 06024sr.doc / March 16, 2006 / Staff Report Stephen Ross File No. CU-06-24 Page 2 of 5 3. Request: A Conditional Use Permit to consider allowing the removal of hazardous trees on a steep slope adjacent to the public right-of-way in conjunction with a replanting plan and other erosion control measures. 4. Review Process: Conditional Use Permit with an optional public hearing followed by a staff decision. 5. Major Issues: a. Compliance with Edmonds Community Development Code (ECDC) Section 18.45 (LAND CLEARING AND TREE CUTTING). b. Compliance with Edmonds Community Development Code (ECDC) Section 20.15B (CRITICAL AREAS). c. Compliance with Edmonds Community Development Code (ECDC) Section 20.95 (APPLICATION AND STAFF REVIEW). d. Compliance with the City of Edmonds Comprehensive Plan (especially VEGETATION AND WILDLIFE). B. Description of Proposal The applicant submitted an arborist report that documents the condition of a number of trees located on the slope to the west of their home. Within the report, the arborist documents the poor health of the trees and the poor maintenance/pruning practices that have been performed on the trees. The applicant has enlisted the services of a landscape architect to assist them with the replanting and erosion control of the steep slope area. The clearing plan and replacement plan is included as Attachment 2 & 3. C. Decision Based on statements of Fact, Conclusions, and Attachments in this report, the application for a Conditional Use Permit for tree removal is APPROVED with the following conditions: 1. Tree Removal and site replanting must be completed as substantially as shown in the submitted plans. 2. Prior to tree removal, an erosion control plan, that includes silt fences, jute netting and/or other erosion control devices, must be submitted to the City's Engineering Division for their approval. II. FINDINGS OF FACT AND CONCLUSIONS A. Site Description 1. Site Development, Neighboring Development, And Zoning: a) Facts: (1)Size: The subject property is irregular in shape and contains approximately 20,000 square feet (see Attachments I & 3). (2) Land Use: The property is currently developed with a single family home. (3) Zoning: The zoning of the subject property is Single -Family Residential (RS-12) (see Attachment 1). (4) Terrain and Vegetation: The subject property slopes from the road on the west of the property steeply up to the plateau where the home is built on the eastern portion of the property. The trees that are the subject of this permit are located along that slope. 2 06024sr.doc / March 16. 2006 / Staff Report Stephen Ross File No, CU-06-24 Page 3 of 5 2. Surrounding Development and Zoning: a) Facts: (1) North. South, East, and West: These areas are currently zoned Single -Family Residential (RS-12) and most of the lots are developed with single family homes (see Attachment 1). B. Edmonds Community Development Code (ECDC) Compliance 1. ECDC Section 18.45 (Land Clearing and Tree Cutting) a) Facts: (1) ECDC Chapter 18.45 exempts clearing on an undeveloped lots that are not capable of being further subdivided, except for that portion of the lot that is located in a designated environmentally sensitive area, and except for that portion of the lot that has slopes exceeding 25 percent. (2) Some of the purposes of ECDC Section 18.45.000.A-M state a desire to: (a) To promote the public health, safety, and general welfare of the citizens of Edmonds by preserving the physical and aesthetic character of the city through the prevention of indiscriminate removal or destruction of trees and ground cover on undeveloped or partially developed property; (b) To implement the policies of the State Environmental Policy Act of 1971 as revised in 1984; (c) To implement and further the goals and policies of the city's comprehensive plan in regard to the environment, open space, wildlife habitat, vegetation, resources, surface drainage, watershed, and economics; (d) To ensure prompt development, restoration and replanting and effective erosion control of property during and after land clearing; (e) To promote land development practices that result in a minimal adverse disturbance to existing vegetation and soils within the city; (f) To minimize surface water and ground water runoff and diversion; (g) To aid in the stabilization of soil, and to minimize erosion and sedimentation; (h) To minimize the need for additional storm drainage facilities caused by the destabilization of soils; (i) To retain clusters of trees for the abatement of noise and for wind protection; (j) To acknowledge that trees and ground cover reduce air pollution by producing pure oxygen from carbon dioxide; (k) To preserve and enhance wildlife and habitat including streams, riparian corridors, wetlands and groves of trees; (1) To promote building and site planning practices that are consistent with the city's natural topographic and vegetation features while recognizing that certain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and proposed structures and improvement, interference with utility services, and the realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover; (m) To promote the reasonable development of land in the city of Edmonds. (3) The performance standards for land development permits are given in ECDC Section 18.45.050. (4) The following are included as part of this proposal: (a) The applicant is proposing to remove all trees that are deemed by a certified arborist to be dangerous and replace them according to the submitted plan. 06024sr.doc / March 16, 2006 1 Staff Report Stephen Ross File No. CU-06-24 Page 4 of 5 b) Conclusion: Since an arborist has confirmed that the subject trees are a potential hazards due to the years of poor arboriculture practice, And, because the applicant is proposing to replace the subject trees with new native trees and shrubs, the Tree Clearing Plan should be approved. C. Edmonds Comprehensive Plan Compliance 1. Land Use a) Fact: The City of Edmonds Comprehensive Plan designates the subject property "Single Family" residential. b) Conclusion: The proposed tree cutting is compatible with the single family residential use designation. D. Technical Committee 1. The proposed Conditional Use Permit has been reviewed and evaluated by other Departments/Divisions of the City. a) Prior to tree removal, the Engineering Department will require erosion control measures to be installed along Sunset Way. This may include a silt fence, jute netting and other erosion control devices. A plan must be submitted to the City's Engineering Division for their approval. III. RECONSIDERATION AND APPEALS The following is a summary of the deadlines and procedures for filing reconsideration's and appeals. Any person wishing to file or respond to a recommendation or appeal should contact the Planning Department for further procedural information. A. Request for Reconsideration Section 20.95.050.B.2 allows for staff to reconsider their decision if a written request is filed within ten (10) working days of the date of the posting of the notice of the decision. B. Appeals Section 20.105.020.A & B describe how appeals of a staff decision or recommendation 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 fourteen (14) calendar days after the date of the decision being appealed. C. Time Limits for Reconsideration and Appeals The time limits for Reconsideration's 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 continued for the point it was stopped. For example, if a 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. 4 06024sr.doc / March 16, 2006 / Staff Report Stephen Ross File No. CU-06-24 Page 5 of 5 IV. LAPSE OF APPROVAL Section 18.45.045.C. states "Any permit granted under the provisions of this section shall expire one year from the date of issuance. No work may commence on the permit until the appeal time limit has expired. Upon receipt of a written request, a permit may be extended for six months." V. ATTACHMENTS 1. Applicant's declarations 2. Site Plan including proposed landscaping 3. Arborist's Letter with site plan showing trees to be removed VI. PARTIES OF RECORD Applicant Planning Division Engineering Division 06024sr.doc / March 16, 2006 / Staff Report R CEIVED RECEIVED FEB 2 2 2006 City of Edmonds Planning Dept JAN 3 0 2006 DEVELDPtt OF DEyONDES cm January 23, 2006 OEYC°n OFT EDMONDS SMIUS CTR. The intent of this letter is to summit to you the requested paperwork to remove the cedar trees from the property 9102 Olympic View Dr (9102 Sunset Way) in accordance with the Nuisance Code 20.110.030, the section addressing Dangerous Trees. I have owned the property for approximately 18 months and have had many different tree specialists give there advise on the viability of these trees. I've spent thousands of dollars to have a certified arborist climb and trim these trees trying to savage them if possible. The end result is that they all have been topped for at least the last twenty years from previous owners, they all have significant rot, some are diseased, and some are barely living. Personally I would like to save these cedars, limb them properly and not have the expense of removal and replanting. However, that is not an option at this time. The advise from all experts was to remove and replace the trees. These trees are posing a potentially serious risk of harm to people, property and access of right away. PUD has already removed 4 of these hazardous trees in the last year. Enclosed please find a letter from the certified arborist stating he's findings and recommendation, a plot of the property showing approximate location of these trees, and a new planting plan for the property. I have hired a landscape architect as a consultant, and a landscape company to replant this property. I am hoping to begin the removal of the trees in mid February and the new plantings coordinated to begin immediately following the removal of the damaged trees. The landscape installer and I are anxious to begin during the dormant season to preserve the integrity of the rhododendrons, magnolia, ferns and other various local specimens that require relocation. Also, this time frame gives the new trees maximum potential rooting time before the warmer drier season begins. As much as I have battled with the thought of losing these trees, I am looking forward to planting the property properly, avoiding a future situation like the one that I am faced with now, and overall enhancing the property, the environment and the community. Thank you for your help and support in this matter. Sincerely 41�� Stephen Ross- 9102 Olympic View Dr Edmonds, WA 98026 425-775-8425 Attachment 1 CUT-06-24 V40v I I I r I r Attachment 2 CUT-06-24 n Z �Mr 'lant List 17 Trees removed - 34 trees replaced plus 400 groundcover shrubs NATIVE "•"�� T""�R30TANICAL NAME AVAILABLE OUANTiTY MIN Si7 L CA CrabaPP le/Malus fuses Malus ` Sugartyme' 6 1.5" cal. MA Mountain A orbus,scopulina kL - Sorbus americans Red Cascade' 6 fir" cal. SB or uric.� Serviceberry/Amelanchier alnifolia Amelanchier 4 7' multi `Autumn Brilliance' 6 6 ft. ht. SP Shore Pine/Pinus contorts ----- - -- SU Smooth Sumac/Rhus glabra Rhus typhina 6 7' multi 6 7' multi VM Vine Maple/Acer circinatum ---- —--------- — Symphoricarpos albus/Snowberry 200 200 1-1, 36" 2.5" pots Taxus brevifolia/Pacifrc Yew -- ---------- --- SLOPE PROTECTION: Slopes steeper than 2.5 R I V (4036) - cover with jute netting Other slopes - cover with mulch 3" deep RECEIVED FEB 22M DEVELOPMENT SERVICES ern. CITY CP EDMONDS l•Z4.06 Tree Restoration Plan 'I z Mike Quenzer and Steve Ross 9102 Olympic View Drive Edmonds, WA 98026 Renaissance 0 Tree Care Milce Quenzer and Steven Ross 9102 Olympic View Drive Edmonds, WA 98026 To whom it may concern, PO Box 17497 Seattle, WA 98107 206.362.6565 e-mail: rhs@serv.net R RENAIH5027LH RECEIVED JAN30M DEV GOPYEW S CTFL RECEIVED FEB 2 2 2006 DBiELopmW SMWMS5 CTFL OTY OF This report is written in regards to the health and structural integrity of the western red cedars, Thuja plicata . at 9102 Olympic View Drive. The cedars range from 12 to 36 inch dbh and in height from 15 to 35 feet. Please refer to the attached map for location of the trees on the property. The trees were drastically topped in the past and repeatedly retopped for view purposes over the ensuing years. As a result the main scaffold branches, which range in size from 5 to 12 inches in diameter, have developed large pockets of decay. These have the potential to fail in the near future. The site is to be relandscaped as a strolling garden and with this would bring increased foot traffic. This would increase the hazard potential of the trees. I suggest that the trees be removed immediately and replaced with appropriate plant material to mitigate any impact on the slopf, Si JZehren, C ed Arborist d Attachment 3 CUT-06-24 t RECEIVED FEB 2 2 2006 DEVELOPMENT SERVICES CTR. CITY OF EDMONDS u U o Q, O Q. N Q V-7 v N c5 o E2f— O 8U `Z +g * I T W O LL o °•' v 0 Z �g G N 1 O Not 4O C 0 0 n 0 0 0 rt� o a (D c U o Q U 42 CL CL n c Qc yymm�� 3' « N s N H W « � 3 3 � , »rr co E Saa too- .�. Q m CL 0 n n 0 0 Q 0 0 c N U .52 O Q N -g -g•C N — oa G1 E 08 a U z¢ a- 0, Impression antibourrage et 6 s6chage rapide www.avery.com Utilisez le aabarit 51609 14800-13"VERY O4 188000oo1 vlwoo0 CIEZ ANT NY AND LORI or RESIDENT 18207 NSET WAY ED NDS, WA 98020 27041800203300 211512ODS PETERSON STROM & MONTA or RESIDENT 9110 OLYMPIC VIEW DR EDMONDS, WA 98020 00418800001704 2/152006 TUENGEL JESSICA a RESIDENT 18110 88TH AVE W EDMONDS, WA 98026 009142000002M MEYER LOUIS or RESIDENT 18004 KAIREZ DR EDMONDS, WA 98026 004I8800000201 2r1520D6 CIEZ ANTHONY AND LORI or RESIDENT 18207 SUNSET WAY EDMONDS, WA 98020 27041800203900 2f752005 HAMMAR JOHN C & PATTY or RESIDENT 18220 SUNSET WAY EDMONDS, WA 98020 00565600101501 21152DD6 RINGSTAD GEORGE A & JO or RESIDENT 8811 204TH ST SW EDMONDS, WA 98026 2 W2006 27041 M200400 21152006 SCHMITT ROBERT J or RESIDENT 9118 OLYMPIC VIEW DR EDMONDS, WA 98026 27041800200700 W152006 SAGE DOUGLAS W & STARL or RESIDENT 9112 OLYMPIC VIEW DR EDMONDS, WA 98026 27041000201500 21152006 ZACHARIA MARK A & SAMU or RESIDENT 18128 SUNSET WAY EDMONDS, WA 98026 27041SW202100 W752006 RAPTIS NIKOLAOS C or RESIDENT 91000LYMPIC VIEW DR EDMONDS, WA 98026 27NIN02024M 21152N6 NAGASAKA VILES AYAKO or RESIDENT 18030 TALBOT RD EDMONDS, WA 98026 27041800203NO 211WO06 SHAPIRO SIRI C or RESIDENT 18105 SUNSET WAY EDMONDS, WA 98026 27041800203800 2J152006 DAELEY JON M or RESIDENT 9122 OLYMPIC VIEW DR EDMONDS, WA 98026 270418D0201WO W1520D6 MUNSON JANET or RESIDENT 18130 SUNSET WAY EDMONDS, WA 98026 27041800201900 21152OD6 PECK DAVID F or RESIDENT 9108 OLYMPIC VIEW DR EDMONDS, WA 98026 27041800202200 W152006 ANDREE DAVID J &APRIL or RESIDENT 7931 TALBOT RD EDMONDS, WA 98026 27041M202700 2/1520% JOHNSON MARK & BEKKER or RESIDENT 9003 OLYMPIC VIEW DR EDMONDS, WA 98026 27041OW20MM 2/1520D6 WILDE RUTH or RESIDENT 18107 SUNSET WAY EDMONDS, WA 98026 27041800204000 2/1520D6 ROTHAUS RANDY L or RESIDENT 18224 SUNSET WAY EDMONDS. WA 98026 QAVERY® 5160® �*04180020osoo 211520% ARCHER KATHLEEN E or RESIDENT 9106 OLYMPIC VIEW DR EDMONDS, WA 98020 ON188000O0300 211520D6 HEERSCHAP DO I RESIDENT 18 Y ED DS, WA 98026 00914200000100 2115I20W MARTURANO ROSS P or RESIDENT 18006 KAIREZ DR EDMONDS, WA 98026 27041800200500 2r152DW ROSS STEPHEN M or RESIDENT 9102 OLYMPIC VIEW DR EDMONDS, WA 98026 27047800201400 W152006 TASCHE CHRISTIAN or RESIDENT 18214 SUNSET WAY EDMONDS, WA 98026 27041800202000 2115rzoo6 SHIPPEN MATTHEW & ELAN or RESIDENT 18101 SUNSET WAY EDMONDS, WA 98026 27041800202300 2/152006 VERHEY RAE A or RESIDENT 18020 TALBOT RD EDMONDS. WA 98026 2704180o202800 211 WON KISSINGER STEPHEN or RESIDENT 9007 OLYMPIC VIEW DR EDMONDS, WA 98026 270418002037Do v152Do6 ENGLISH DAVID A & SHER or RESIDENT 9104 OLYMPIC VIEW OR EDMONDS, WA 98026 27041SW204100 2J15120D6 GREINER GEORGE K JR or RESIDENT 18226 SUNSET WAY EDMONDS, WA 98026 � AN3AV-09.008-L 0091S 31VldW3i @AjanV asn ®09t5 ®AH3AV I J wowfjaAe mmm 6uuuPd aaJd 96pnwS pue wet Jam and Smudge Free Printing Use Avery® TEMPLATE 51600 www.avefycom 1-800-GO-AVERY IN AVEW0 5%0 00914200001200 2/16 006 VISTA DEL MAR LLC a RESIDENT 19303 44TH AVE W # A LYNNWOOD, WA 98036 27041600200300 2/152006 RAYSLIP GORDON or RESIDENT 2723 S LAKE CRABAPPLE RD MARYSVILLE, WA 98271 00914200000500 211511006 D P MILLER HOM LLC or RESIDENT 1 VE N S INE, A 98133 *W1420OW0300 2J1Sn" WEST BANK PROPERTIES L or RESIDENT 620 SE EVERETT MALL WA STE 220 EVERETT, WA 98208 AU3AtlO9.0013-1 ons 3uege6 at zesq.nn ®0915 ®Aj�3/l�/ Q woxAmA mmm apideA a6eqp9s @ 49 e6Paunogpue uoissa;dwi ADJACENT PROPERTY OWNERS LIST Attach this notarized declaration to the adjacent property owners list. On my oath, I certify that the names and addresses provided represent all properties located within 300 feet of the subject property. Signatur Applican rApplic—a-nTs-Rqgesentative Subscribed and sworn to before me this aq? —y of OV4 1.1. ° a v 41 , Y ti�'x+�L p�a�rc otary Public in and for the State of Washington wA Residing at RECEIVED FEB 12 2006 OEVECOpMENT SERVICES CTR. CITY OF EDMONDS APO.DOC File Number: CUT-06-24 Applicant: Ross NOTICE OF DEVELOPMENT APPLICATION AFFIDAVIT OF MAILING STATE OF WASHINGTON) COUNTY OF SNOHOMISH) I, Diane M. Cunningham, first duly sworn, on oath, depose and say: That on the 1 st day of March 2006, the attached Notice of Development Application was mailed as required to adjacent property owners, the names of which were provided by the applicant. FA • III..ILI Mid.Iu Subscribed and sworn to before me this 1st day of iYl ait chinW d t�OTA,yy'm 4 'n • j PUBL% ' 2 s_ ; a o : Notary Pub$ c in and fo the State of Washington. OF WAS Residing at � OI�4y • 'r wo `%NW Affidavit of Publication STATE OF WASHINGTON, } S.S. COUNTY OF SNOHOMISH The undersigned, being lust duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice Notice of Development Application Stephen Ross File No. CU17-06-24 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: March 01, 2006 and that said newspaper was regularly distributed to its subscribers during all of said period. RECEIVED Subscriber and a mmtobefore methis lu MAR 0 8 2006 day of M. h 2006 _ OggE J.'ql,� 4 EDMONDS CITY CLERK Notary Pu i n and for the State of Washingt 1esidi Everylt�Sn ipish f/ County. : 0 NO NY m m• PL" i Account Name: City of Edmonds Accaat Number: 175M