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PLN20140042 Staff Report with Attachments.pdf°v, EQ-4fO�o CITY OF EDMONDS N 121 50' Avenue North • Edmonds, WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT: PLANNING DIVISION ADIV1IMIST1 ATWE DESIGN R EW EW FINDINGS, CONCLUSIONS, AND DECISION TO: Nh-. Uk Han, LJNI Property LLC FROM: • '// J fifer Mach ssociate Planner DATE: October 13, 2014 FILE NUMBER: PLN20140042 PROPOSAL: Administrative design review application for landscaping modifications within an existing landscape island located near the southeastern corner of the Edmonds Central Plaza site addressed 23830 Highway 99. A. Property Owner Applican UNI Property LLC Same as Owner 23830 Highway 99, #201 Edmonds, WA 98026 B. Introduction The subject design review application was submitted by Uk Han on behalf of UNI Property LLC for modifications to one of the existing landscape islands adjacent to the parking lot on the southern side of the Edmonds Central Plaza site, which is .addressed 23830 Highway 99. The landscaping within this island consists of a maple tree and shrubs, which were partially damaged by a fire. The applicant would like to replace this landscaping with a new maple tree and shrubs. The majority of the subject site, including the portion of the site in which the work is proposed, is located within the General Commercial (CG) zone (see inset zoning map). As such, the proposal is subject to the District -Based Design Review RM-1 5 RS=8 CG Subject Property: 238TH ST SW 23830 H ghway 99`- 7 l� w a BC RS-8 CG 240TH ST SW Page I of 4 File No. PLN20140042 UNI Property LLC - Landscaping Revisions Administrative Design Review requirements of ECDC Chapter 20.12. Pursuant to ECDC 20.12.010, since the proposal does not require a SEPA threshold determination, the proposal may be reviewed by staff as an administrative Type I decision, subject to the requirements of ECDC 20.01 and 20.02. On August 27, 2014, the applicant submitted a land use application form (Attachment 1), two site plans including one of the entire parcel and one detailing the project location (Attachment 2), and photographs of the landscaping proposed for modification (Attachment 3). The application was determined to be complete pursuant to ECDC 20.02.002 on September 24, 2014 (Attachment 4). C. Criteria and Comprehensive Plan Compliance The subject site is located within the "Highway 99 Corridor" designation of the Comprehensive Plan. Nothing in this proposal appears to be in conflict with the goals and policies of the Comprehensive Plan. D. Technical Review The Engineering Division has reviewed the subject application and provided a memorandum dated September 25, 2014 approving the proposal with four conditions (Attachment 5). One of these conditions includes the requirement that a right-of-way permit must be obtained prior to utilizing the City right-of-way to perform any work. The landscape island in which the work is proposed to be conducted is located far enough from the City right-of-way that it is not likely that any work will need to be conducted from within the right-of-way or that any damage would occur to the right-of-way. However, if the applicant finds that such work is necessary, they must contact the Engineering Division for applicable right-of-way permit requirements. All of the Engineering Division's recommended conditions have been added as conditions of approval. E. Public Comments Pursuant to ECDC 20.01.003(C), public notice is not required for Type I decisions. Thus, public notice was not required for the subject application. As such, no public comments have been received in response to the proposal. F. Findings and Conclusions The majority of the subject site, including the portion of the site in which the work is proposed, is located within the General Commercial, CG, zone. The properties to the north, south and east are also located within the CG zone. The property to the west is located within the Community Business, BC, zone. There are also properties within the general vicinity of the site that are located within the Single -Family Residential, RS-8, zone and the Multi - Family Residential, RM-1.5, zone. Properties within the vicinity of the site are developed with various commercial and residential uses. b. CG-zoned properties are subject to the District -Based Design Review requirements of ECDC Chapter 20.12. c. As indicated on the applicant's site plans (Attachment 2), the work is proposed within one small existing landscape island located adjacent to the parking lot near the southeastern corner of the site. This landscape island, which is approximately 300 square feet in size, currently contains a maple tree and various small shrubs. According to the applicant, and as evidenced by the photographs submitted with the application (Attachment 3), the existing vegetation within this landscape island was partially damaged by a fire. d. The subject site was developed with the two existing commercial buildings in 1962, according to Snohomish County Assessor's records, which was well before adoption of the City's current landscaping requirements. Page 2 of 4 File No. PLN20140042 UNI Property LLC - Landscaping Revisions Administrative Design Review e. Current landscaping requirements are contained within ECDC Chapter 20.13. Although the current landscaping requirements are different than the landscaping requirements that were in place at the time of original development of the site, any proposed changes to existing landscaping are subject to the current code requirements of ECDC 20.13. Thus, any proposed changes to existing landscaping must strive towards bringing the site closer into compliance with current landscaping requirements. f. Pursuant to ECDC 20.13.030, the landscape island proposed for modification would be considered Type V landscaping, which is intended to provide visual relief and shade in parking areas. The applicant is not proposing to change the size of this landscape island, but only to replace the existing maple tree and shrubs with new ones. g. ECDC 20.13.030.E.2 requires each area of Type V landscaping to contain at least one tree a minimum of six feet in height and with a minimum size of one and one-half inches in caliper if deciduous. As such, the proposed maple tree to replace the existing maple tree must be a minimum of six feet in height and a minimum size of one and one-half inches in caliper. This has been added as a condition of approval h. In addition to the required replacement tree, the subject landscape island must also contain shrubs, ground cover, and/or decorative mulch consistent with ECDC 20.13.030.E.2. A condition of approval has been added requiring that all new shrubs and ground cover be consistent with the minimum sizes and maximum spacing contained in ECDC 20.13.015, and that the remaining ground area within the landscape island must be covered with decorative mulch. i. A Critical Areas Checklist was reviewed in 1998 under File No. CRA19980076. No critical areas were observed on or adjacent to the site. Thus, a "Waiver" from the critical areas requirements of ECDC Chapters 23.40 through 23.90 was issued. Therefore, no further critical areas study is required at this time. j. The subject proposal will enhance the exterior of the site by replacing existing landscaping that was damaged by a fire with new landscaping. At maturity, the new landscaping will be of a similar size and visual effect compared to the landscaping that is being replaced. G. Decision Based on the facts, conclusions, and attachments to this report, staff finds that the design review for file number PLN20140042 is APPROVED with the following conditions: a. Individual elements of this project are required to meet all applicable city codes, and it is the responsibility of the applicant to apply for and obtain all necessary permits. b. The replacement tree must be a minimum of six feet in height with a minimum size of one and one-half inches in caliper if deciduous. The remaining ground area within the subject landscape island must be covered with decorative mulch and landscaped with shrubs and groundcover consistent with the minimum sizes and maximum spacing contained in ECDC 20.13.015. c. The tree shall be fell onto private property. d. Vehicles and equipment shall be located on private property. Should it be necessary to utilize the City right -of --way to perform any of this work then the contractor shall apply for and obtain a right-of-way construction permit in advance of starting work. e. Contractor/owner is responsible for keeping all debris on site and preventing any silt laden runoff from leaving the site and/or entering the city storm system. f. Contractor/owner shall repair/replace any damaged sections of curb/gutter, sidewalk or other public improvements in City right-of-way per City standards that is caused by or occurs Page 3 of 4 File No. PLN20140042 UNI Property LLC - Landscaping Revisions Administrative Design Review during the permitted project. g. The Planning Division must be contacted following the approved site modifications for an inspection. H. Attachments 1. Land Use Application 2. Site Plans 3. Photographs 4. Letter of Complete Application 5. Engineering Division Memorandum L Expiration Pursuant to ECDC 20.12.090.A, "Unless the owner submits a fully completed building permit application necessary to bring about the approved alterations, or, if no building permit application is required, substantially commences the use allowed within 18 months from the date of approval, ADB or hearing examiner approval shall expire and be null and void, unless the owner files a fully completed application for an extension of time prior to the expiration date." Any person wishing to file an extension should contact the Planning Division at 425.771.0220 for further procedural information. Page 4 of 4 ARCHITECTURAL DESIGN REVIEW ° ®° [I COMPREHENSIVE PLAN AMENDMENT j� EEM ❑ CONDITIONAL USE PERMIT FILE # $$P LA/? O' 4 bQ1-1 ZONE f ' 6- ❑ HOME OCCUPATION DATE 7 REC'D BY C �_ ❑ FORMAL SUBDIVISION ❑ SHORT SUBDIVISION FEE RECEIPT# Ei LOT LINE ADJUSTMENT HEARING DATE PLANNED RESIDENTIAL DEVELOPMENT ID OFFICIAL STREET MAP AMENDMENT ❑ HE STAFF ❑ PB ❑ ADB L. ❑ STREET VACATION ❑ REZONE AUU ❑ SHORELINE PERMIT ❑ VARIANCE / REASONABLE USE EXCEPTION y DEVELOPMENT S BOTHER •6y-e-e re✓pour f o✓J ® PLEASE NOTE THAT ALL INFORMATION CONTAINED WITHIN THE APPLICATION IS A PUBLIC RECORD PROPERTY ADDRESS OR LOCATION e5d-- A) 'd 'F�e7 PROJECT NAME (IF APPLICABLE) eel;iW t 0L e- ,�, PROPERTY OWNERPHONE # �. ADDRESS 2=` 11 -4 :gQizz- E-MAIL (A , a h /`�� ® 7 FAX # I f TAX ACCOUNT # 00 �� 1,90b, a 2 G) SEC. TWP. RNG. DESCRIPTION OF PROJECT OR PROPOSED USE (ATTACH COVER LETTER AS NECESSARY) r % DESCRIBE HOW THE PROJECT MEETS APPLICABLE CODES (ATTACH COVER LETTER AS NECESSARY) APPLICANTPHONE#C%3 ADDRESS g!? 00"��_E_� Gj- ,4 E-MAIL ;- Pr &C CO)"'I FAX# CONTACT PERSON/AGENT PHONE # ADDRESS E-MAIL 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 file this application on the behalf of the owner as listed below. SIGNATURE OF APPLICANT/AGENT _ DATE Property Owner's Authorization 1, , certify under the penalty of perjury under the laws of the State of Washington that the following is a true and correct statement: I have authorized the above Applicant/Agent to apply for the subject land use application, and grant my pennission for the public officials and the staff of the City of Edmonds to enter the subject property for tine purposes of inspection and posting attendant to this application. HI<1 VICES JIV IVtiL VRG Vr I VV IVCR RECEIVED AUG 2 7 2014 DEVELOPMENT SENCES -------- -- = L-L U1-111 1 - - ----- ------- -Lr!-7, -, 71' �2 L Z4 i� ----------- ---------------------- SITE PLAN A] (�p BUILDING GLA551FIGATION5 GENERAL NOTES LEGAL DESGRIPTION �e�r��.,oS3.��o A�e,.�l, PROJECT DIREGTORY < VICINITY MAP 71RAN_�IN61NP_EX Li STREET FILE r M Bar RECEIVED 1 - _ DEVEL®PMEN RVICES a E COAX 1M 6 KMdf4 WA M TOM F Removing exsitin 141 ! YAC UM Jill PL—j .6 41W f I p g �U. a b.. .k r. a ,. t. ,. .. 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PLN20140042 Dear Mr. Han: Your land use application for design review for landscaping modifications at 23830 Highway 99 (File No. PLN20140042) is considered complete pursuant to Edmonds Community Development Code (ECDC) 20.02.002. Please note, however, that although it has been determined that the application meets the procedural submission requirements and is therefore complete, additional information may be needed as staff continues with review of the application. Staff will contact you as our review continues if additional information is necessary. I will be the main staff contact for your application. If you have questions at any point during the review process, you may reach me at Jen.Machuga@edmondswa.goy or (425) 771-0220. Sincerely, Development Services Department - Planning Division Jen Mach uga Associate Planner Cc: File No. PLN20140042 Date: To: From: Subject: September 25, 2014 Jennifer Machuga, Associate Planner Jeanie McConnell; Engineering Program Manager PLN20140042, Design Review — Landscape Modification Ifni Property LLC — 23830 Highway 99 Engineering has reviewed the design review application for the Uni Property at 23830 Highway 99. The information provided is consistent with Title 18 Edmonds Community Development Code & Engineering standards. Please include the following conditions in the staff report. 1) Trees shall be fell onto private property. 2) Vehicles and equipment shall be located on private property. Should it be necessary to utilize the City right-of-way to perform any.of this work then the contractor shall apply for and obtain a right-of-way construction permit in advance of starting work. 3) Contractor/owner is responsible for keeping all debris on site and preventing any silt laden runoff from leaving the site and/or entering the city storm system. 4) Contractor/owner shall repair/replace any damaged sections of curb/gutter, sidewalk or other public improvements in City right-of-way per City standards that is caused by or occurs during the permitted project. Thank you.