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PLN20130038_staffreport.pdf,11C. 1$9%J CITY OF EDMONDS 121 5ch Avenue North, Edmonds WA 98020 Phone: 425.771.0220 o Fax: 425.771.0221 o Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT o PLANNING DIVISION PLANNING DIVISION PRELEWI NARY SHORT PLAT REVIEW FINDINGS, CONCLUSIONS, & DECISION Project: Kisan Enterprises Inc. 4-lot Short Subdivision File Number: PLN20130038 Date of Report: April 8, 2014 Reviewed By: SLw rnen Lien, Sem lanner Owner/Applicant: Kisan Enterprises LLC Naeem Iqbal I. INTRODUCTION The applicant is proposing to subdivide a 31,167 square foot lot located at 22810 Edmonds Way into four lots (Attachments 1- 3). The site is located within a Multi - Family Residential (RM-1.5) zone. See the Zoning and Vicinity Map for reference (Attachment 4). While located in a multi -family zone, the lots are proposed to be developed with single-family residences. The proposed lot layout is shown on the preliminary subdivision map (Attachment 3). The applicant has indicated plans to retain an existing residence. Lot 1 will take access of Edmonds Way while Lots 2, 3 and 4 will gain access via an access easement on the adjacent property to the west (9508 Edmonds Way) and an access easement on the subject property along the western property boundary. A. Application 1. Owner/Applicant: Kisan Enterprises LLC Naeem Iqbal 2. Contact: Rob Michel 3. Site Location: 22810 Edmonds Way, Edmonds 4. Request: To divide one lot with a total area of 31,167 square feet into four lots in a Multi -Family Residential (RM-1.5) zone. The lots are proposed to be developed with single-family residences. 5. Review Process: Short plats are Type II decisions pursuant to ECDC 20.01.003. Following a public comment period, the Director (or designee) makes an administrative decision. B. Application Materials: The subject application was submitted on May 20, 2013 (Attachment 1). The application was initially determined to be incomplete on June 17, 2013. The applicant submitted the completeness items on July 1, 2013 and the application was determined to be complete on July 16, 2013 pursuant to ECDC 20.02.002. However, additional information was found to be necessary in order for staff to complete its review, and a request for additional information was included in the letter of completeness issued on July 16, 2013. In response to the request for additional information on July 16, 2013 (and two subsequent requests for more information/clarification) the applicant submitted a Traffic Impact Analysis (Attachment 5); Drainage Report (Attachment 6 ); Road & Drainage Plan (Attachment 7); TESC and grading plan (Attachment 7); preliminary plat map (Attachments 3); and Edmonds Utilities Consortium form (Attachment 8). iill � �; u.lfii A. Setting: The subject property at 22810 Edmonds Way is located within the Multi -Family Residential (RM-1.5) zone (Attachment 4). All the adjacent properties on the south side of Edmonds Way are also located within the RM-1.5 zone. The property to the west includes a 48-unit apartment complex and a 74-stall surface parking lot. The property to the east contains a senior housing facility. The properties directly north of the site across Edmonds Way are located within the BP (Planned Business) zone and are developed with a commercial structure. B. Topography and Vegetation: Refer to the preliminary subdivision plans (Attachment 3) for a depiction of the existing conditions on the site, including the topography of the subject site and locations of existing trees. The subject property and properties to the east and west are relatively flat. There is a small slope that drops down to the property on the east. Approximately 60 feet south of the site, is a large slope that rises up to the single- family neighborhood zone to the south. There are a few trees on the subject property, but the site is largely devoid of any mature landscaping and is mostly covered with grasses. A number of trees are located just off site to the east and provide a buffer from the adjacent apartment complex. C. Environmental Assessment 1. Critical Area: The subject property was reviewed and inspected for critical areas as defined by ECDC 23.40 under CRA20050122, and it was found that the site contains potential erosion hazard. As a result, a "Study Required" determination was issued on September 2, 2005 (Attachment 9). Report requirements for stable erosion hazard areas may be met through construction documents that shall Kisan Enterprises File No. PLN20130038 Page 2 of 12 include at a minimum an erosion and sediment control plan prepared in compliance with requirements set forth in Chapter 18.30 ECDC. Erosion and sediment control plan will be reviewed in conjunction with the civil plans. 2. Shoreline: The subject property is not located within shoreline jurisdiction. 3. SEPA: Pursuant to WAC 197-11-800(6), the approval of short plats is exempt from SEPA review, except upon lands covered by water. Since no water is located on the subject property, this short plat is exempt from SEPA review. D. Comments 1. Departmental Comment: This project was reviewed by the Public Works Department, Snohomish County Fire District 1, and the Engineering Division. Snohomish County Fire District No. 1 noted that property improvements will require additional fire protection due to limited fire access (Attachment 10). Public Works Department noted the subject site is located within the Olympic View water and Sewer District (Attachment 11). The Engineering Divisions has approved the proposed subdivision subject to the Engineering Requirements for the short plat included in Attachment 12. 2. Public Notice and Comment: ECDC 20.03 provides the City's regulations for public notice of development applications. A "Notice of Application" dated July 24, 2013 with a comment period running through August 7, 2013 was posted at the subject site, Public Safety Complex, Development Services Department, and Library on July 24, 2013. The notice was also published in the Herald Newspaper and mailed to property owners within 300 feet of the site on July 24, 2013 using a mailing list provided by the applicant. Documentation of compliance with the public notice requirements is included as Attachment 13. No public comment letters were received on the subject proposal. E. ECDC 20.75.080 General Findings A proposed subdivision may only be approved if all the general findings listed in ECDC 20.75.080 can be made for the proposal as approved or as conditionally approved. Staff findings in regard to ECDC 20.75.080 are detailed below. 1. Subdivision Ordinance. The proposal is consistent the purposes of this chapter (as listed in ECDC 20.75.020) and meets all requirements of this chapter. The proposed four lot subdivision included in the proposal is consistent with ECDC 20.75.020 and all the requirements of the ECDC 20.75. The proposed subdivision will not negatively impact public health, safety or general welfare, will not negatively impact congestion on streets and highways, will have adequate access to water, utilities, sewerage, storm drainage and will provide proper ingress and egress as well as be uniformly monumented. Kisan Enterprises File No. PLN20130038 Page 3 of 12 2. Comprehensive Plan. The proposal is consistent with the provisions of the Edmonds Comprehensive Plan, or other adopted city policy, and is in the public interest. 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.S. Protect residential areas from incompatible land uses through the careful control of other types of development and expansion based upon the following principles: B. S. 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. Compliance with the Residential Development goals and policies: The proposal includes retaining the existing residence and will allow for construction of three new residences. The overall proposal should not cause any adverse impacts and appears to be consistent with the residential development goals and policies of the Comprehensive Plan. Staff feels the proposal is consistent with the Community Commercial district designation and other adopted city policies. 3. Zoning Ordinance. The proposal meets all requirements of the zoning ordinance, or a modification has been approved as provided for in this chapter. The subject property is located in the RM-1.5 Multi -family Residential zone and subject to the requirements of ECDC 16.30. Pursuant to ECDC 16.30.030.A development standards of the RM-1.5 zone are as follows: Kisan Enterprises File No. PLN20130038 Page 4 of 12 Minimum Lot Area per P Minimum Minimum Minimum Maximum Maximum Zone Dwelling Unit 3 Street Side Rear Height Coverage 2 Setback 2 Setback Setback (Sq. Ft.) RM-1.5 1,500 15' 10'2 15 25' 45% Roof only may extend tive feet above the stated height limit if all portions of the roof above the stated height limit have a slope of four inches in 12 inches or greater. 2 RS setbacks may be used for single-family homes on lots of 10,000 square feet or less in all RM zones. Density: At 31,167 square feet, a total of 20 dwelling units may be developed on the subject property. The applicant is proposing to develop the site with four single-family dwellings which is compliant with the density requirements. Setbacks: Footnote 2 notes that RS setbacks may be used for single-family homes on lots of 10,000 square feet or less in all RM zones. The RS setbacks used for single-family development in multi -family zones are the RS-6 setbacks which are: Minimum Minimum Minimum Zone Street Side Rear Setback Setback Setback RS-6 20' 5' 15' Lots 2, 3, and 4 are less than 10,000 square feet, so these lots may use the RS-6 setbacks. Lots 2, 3, and 4 will be flag lots with all side setbacks. The preliminary plat map shows the 5-foot side setbacks for these lots. While the preliminary plat map also shows Lot 1 with RS-6 setbacks, since Lot 1 is proposed to be 13,774 square feet, the standard RM-1.5 setbacks will apply. The existing residence meets the street and rear setback requirements for the RM-1.5 zone. The existing residence also meets the 15-foot side setbacks from the proposed western property boundary; however, the house is only 6.6 feet from the eastern property line. While the existing residence is considered nonconforming with regard to setbacks, the nonconformity is not the result of the proposed subdivision. Any new construction on any of the proposed lots must comply with the setbacks in effect at the time of development. Corner Lots: None of the proposed lots are considered corner lots. Flag or Interior Lot Determination: Lots 2, 3, and 4 are considered flag lots. Lot Coverage of Existing Buildings on Proposed Lots: The existing house to be retained on Lot 1 covers approximately 2,212 square feet. The applicant has indicated plans to remove the associated shed. With a proposed square foot of 13,774 square feet for Lot 1, the existing residence would result in approximately 16% coverage on Lot 1. This is well below the maximum allowed lot coverage of 45%. As there are no existing structures located on proposed Lots 2, 3 or 4, each Kisan Enterprises File No. PLN20130038 Page 5 of 12 lot will have a zero percent lot coverage. Pursuant to ECDC 16.30.030, any future buildings or structures on any of the proposed lots may cover no more than 45% of the net area of each lot. Staff feels the proposal is consistent the zoning requirements for the RM-1.5 zone as contained in ECDC 16.30. 4. Flood Plain Management. The proposal meets all requirements of the Edmonds Community Development code relating to flood plain management. The proposed project is not located within a designated flood plain management area. F. ECDC 20.75.085 — Review Criteria. Pursuant to ECDC 20.75.085, the following criteria shall be used to review proposed subdivisions: 1. Environmental. a. Where environmental resources existing, such as trees, streams, ravines or wildlife habitats, the proposal shall be designed to minimize significant adverse impacts to resources. Permanent restrictions may be imposed on the proposal to avoid impact. The site is largely devoid of mature trees with three small Douglas -fir trees located near the center of the property and two cherry trees in the northwest comer of the site. Two of the Douglas -fir trees are located in the proposed shared driveway for Lots 2 — 4 will need to be removed with the development. No streams, ravines or other environmental resources are present on the site. 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 trees as possible. Any trees retained should be protected during development in accordance with the performance standards in ECDC 18.45.050.H. Any tree cutting on the site is subject to the requirements of ECDC 18.45, or as amended. Staff feels the proposed subdivision is consistent with this criterion. b. 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. The proposal minimizes grading because the subject site is relatively level and Lots 2, 3 and 4 will utilize a shared driveway. Some minor grading may be required to connect the shared driveway to 9508 Edmonds Way. Staff feels the proposed subdivision is consistent with this criterion. c. Where conditions exist which could be hazardous to the future residents of the land to be divided, or to nearby residents or property, such as flood plains, steep slopes or unstable soil or geologic conditions, a subdivision of the hazardous land shall be denied unless the condition can be permanently corrected, consistent with paragraphs 4(1) and (2) of this section. Kisan Enterprises File No. PLN20130038 Page 6 of 12 No known hazardous conditions, such as flood plains, steep slopes, or unstable soil or geologic conditions exist at this site. The large slope to the south of the site is approximately 60 feet away and no development is proposed within 65 feet of this slope (Standard buffer for landslide hazard areas is 50 feet with a 15 foot building setback.). Staff feels the proposed subdivision is consistent with this criterion. d. The proposal shall be designed to minimize off -site impacts on drainage, views and so forth. The proposed development must be designed to meet current code and minimize stormwater impacts. All new impervious surfaces must be connected to an onsite storm system as required by the Engineering Requirements (Attachment 12). The maximum height for a new house in the RM-1.5 zone is 30 feet from. average original grade (portions of the roof above 25 feet must have a slope of four inches in 12 or greater), which serves to minimize the negative impact to existing views in the vicinity. Aside from the height limits, the Edmonds Community Development Code does not contain specific regulations regarding private view protection within multi -family zones. Staff feels the proposed subdivision is consistent with this criterion 2. Lot and Street Layout. a. Lots shall be designed to contain a usable building area. If the building area would be difficult to develop, the lot shall be redesigned or eliminated, unless special conditions can be imposed on the approval which will ensure that the lot is developed properly. All four lots of the proposed subdivision have been designed to accommodate single-family residences. The preliminary development plans show the potential location of three new residences on Lots 2, 3, and 4. The potential locations fall within the setback requirements and appear to be under the coverage requirements as well. The existing residence is proposed to be retained and there is sufficient area in the lot should the house be removed and a new one constructed. The subject property is relatively level and should not be difficult to develop. Based on a review of the project and the analysis in this section, staff agrees that a four -lot short plat may be developed consistent with this requirement. Staff feels the proposed subdivision is consistent with this criterion. b. Lots shall not front on highways, arterials or collector streets unless there is no other feasible access. Special access provisions, such as shared driveways, turnarounds or frontage streets may be required to minimize traffic hazards. Lot 1 and the existing residence currently take access off and fronts on Edmonds Way (State Route 104). While the existing residence on Lot 1 may continue to use the existing driveway on Edmonds Way, if Lot 1 is Kisan Enterprises File No. PLN20130038 Page 7 of 12 redeveloped in the future, the direct access to Edmonds Way must be eliminated and Lot 1 will be required to use the ingress\egress easement along the west side of the development for access. Lots 2, 3, and 4 do not front directly on Edmonds Way. Lots 2, 3, and 4 will take access on the south side of the intersection of 95t" Avenue West and Edmonds Way via an access easement across 9508 Edmonds Way. The intersection at 95t' Avenue West and Edmonds Way is a signaled intersection. Lots 2, 3, and 4 (and Lot I when redeveloped) will gain access to the site via a shared driveway and ingress/egress easement along the west side of the development. Staff feels the proposed subdivision is consistent with this criterion. c. Each lot shall meet the applicable dimensional requirements of the zoning ordinance. The subject property is located within the RM-1.5 zone. Pursuant to ECDC 16.30.030.A, there are no minimum lot area or lot widths for parcels with the RM-1.5 zone. Staff feels the proposed subdivision is consistent with this criterion. d. Pedestrian walks or bicycle paths shall be provided to serve schools, parks, public facilities, shorelines and streams where street access is not adequate. The subject property is located on Edmonds Way, a fully developed State Highway (State Route 104) with existing pedestrian and bicycle paths. As part of the proposed project, there will be improvements made to the pedestrian walkway along the Edmonds Way frontage to meet current codes and requirements. Staff feels the proposed subdivision is consistent with this criterion. 3. Dedications a. The city council may require dedication of land in the proposed subdivision for public use. b. Only the city council may approve a dedication of park land to satisfy the requirements of ECDC 20.75.090. The council may request a review and written recommendation from the planning advisory board. c. Any approval of a subdivision shall be conditioned on appropriate dedication of land for streets, including those on the official street neap and the preliminary plat. Per the City Engineering Division requirements (Attachment 12), no dedications are required. See Section ILG below regarding the dedication of park land. Kisan Enterprises File No. PLN20130038 Page 8 of 12 4. Improvements. a. Improvements which may be required, but are not limited to, streets, curbs, pedestrian walks and bicycle paths, sidewalks, street landscaping, water lines, sewage systems, drainage systems and underground utilities. b. The person or body approving a subdivision shall determine the improvements necessary to meet the purposes and requirements of this chapter, and the requirements of i. ECDC Title 18, Public Works Requirements; ii. Chapter 19.75, Fire Code, as to fire hydrants, water supply and access. This determination shall be based on the recommendations of the community development director, the public works director, and the fire chief. The subject project was reviewed by the Public Works Department, Snohomish County Fire District 1, and the Engineering Division. Improvements required in conjunction with the subject proposal are included in Attachment 12. Staff feels the proposed subdivision is consistent with this criterion. c. The use of septic systems may be approved if all of the following conditions are met: i. It is more than 200 feet, multiplied by the number of lots in the proposed subdivision, from the nearest public sewer main to the nearest boundary of the land to be divided. ii. The land to be divided is zoned RS-20. iii. The public works director and city health officer determine that soil, drainage and slope conditions are satisfactory for septic use and that all requirements of WAC 248-96-090 are met. There are no septic systems included as part of the proposed project. The site is serviced by the Olympic View Water and Sewer District. 5. Flood Plain Management All subdivisions shall comply with the criteria set forth in the Edmonds community Development code for flood plain management. The subject property is not located within a Flood Plain Management area. G. ECDC 20.75.090 — Park Land Dedication. According to ECDC 20.75.090, before or concurrent with the approval of the final plat of any subdivision, the subdivider shall 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, Park impacts are now addressed through the assessment of park impact fees in 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 with issuance of the building permits on the new lots consistent with ECC 3.36. Kisan Enterprises File No. PLN20130038 Page 9 of 12 Based upon the Findings of Fact, Conclusions, and Attachments to this staff report, the application for a four -lot short plat on the property located at 22810 Edmonds Way is APPROVED subject to the following conditions: 1. This application is subject to all applicable requirements contained in the Edmonds Community Development Code (ECDC). It is the responsibility of the applicant to ensure compliance with all applicable requirements. 2. The applicant is responsible for obtaining all local, state, and/or federal permits or approvals applicable to the proposal. 3. Lot 1 and the existing residence may continue to take access off of Edmonds Way; however, when Lot 1 is redeveloped, Lot 1 shall take access from the access easements provided across 9508 Edmonds Way and along the west side of the development. 4. Property improvements will require additional fire protection due to limited fire apparatus access. 5. Prior to recording, the applicant must complete the following requirements: a. Civil plans must be approved prior to recording. In completing the civil plans, you must address the following: i. Complete the Engineering Division conditions listed "Required as a Condition of Subdivision" on Attachment 12. ii. If proposed, retaining walls and rockeries located within minimum required setback areas shall not exceed three feet in height over original grade. b. Remove the existing shed. Obtain any necessary permits associated with the demolition of the garage prior to conducting such work. c. Make the following revisions to the plat: i. Indicate the locations of all new easements, and provide easement descriptions and maintenance provisions for all new easements. ii. Include Lot 1 in the egress/ingress easement along the west side of the development. iii. If setbacks are to be included on the plat, confirm that setbacks are shown consistently with Section II.E.3 of this report and add the following statement to the face of the plat: "Setbacks shown are for reference only and vest no right." iv. Indicate the gross and net areas of each lot on the final plat. V. Add to the face of the plat: "Conditions of approval must be met and can be found in the approval for the short subdivision located in File No. PLN20130038 in the City of Edmonds Planning Division." vi. Include on the plat all required information,' including owner's certification, hold harmless agreement, and Development Services and Public Works director's approval blocks. Kisan Enterprises File No. PLN20130038 Page 10 of 12 vii. Verify the name of the short plat. The preliminary short plat has Kisan Properties Inc., while the land use application listed the owner as Kisan Properties LLC. d. Make sure all documents to be recorded meet the Snohomish County Auditor's requirements for recording. e. Submit an updated copy of the title report (short plat certificate) with the documents proposed to be recorded. The title report must be prepared within 30 days of submittal for final review. f. Submit two copies of the documents to be recorded for the Planning Division and Engineering Division's approval. Once approved, the documents must be recorded with the Snohomish County Auditor's office. 6. After recording the plat, the applicant must complete the following: a. Complete the Engineering Division conditions listed "Required as a Condition of Building Permit" in Attachment 12. Pursuant to ECDC 20.07.004, a party of record may submit a written appeal of a Type II decision within 14 days after the date of issuance of the decision. The appeal would be heard at an open record public hearing before the Hearing Examiner according to the requirements of ECDC Chapter 20.06 and Section 20.07.004. Section 20.75.100.13 states, "Approval of a short plat shall expire and have no further validity at the end of seven years if preliminary short plat approval is issued on or before December 31, 2013, and five years if preliminary short plat approval is issued on or after January 1, 2014, unless the applicant has acquired final short plat approval within the specified time period." Since preliminary approval has been after January 1, 2014, this preliminary short plat approval shall be valid for five years from the date of this staff report. 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. 1 AN 'It1' 1 1 City of Edmonds 121 — 51h Avenue North Edmonds, WA 98020 Kisan Enterprises LLC Naeem Iqbal 20607 Highway 9 Snohomish, WA 98296 Kisan Enterprises File No. PLN20130038 Page 11 of 12 Rob Michel PO Box 1215 Lynnwood, WA 98046 1. Land Use Application 2. Cover Letter 3. Preliminary Plat Map 4. Zoning and Vicinity Map 5. Traffic Impact Analysis 6. Preliminary Drainage Plan 7. Preliminary Development Plans 8. Edmonds Utilities Consortium Form 9. Critical Area File Number CRA20150122 10. Fire District #1 Review Comments 11. Public Works Review Comments 12. Engineering Approval and Requirements for Short Plat 13. Public Notice Documentation Kisan Enterprises File No. PLN20130038 Page 12 of 12