Loading...
S-06-41 Decision.pdfCITY OF EDMONDS 121 - 5TH AVENUE NORTH, EDMONDS, WA 98020 PLANNING DIVISION FINDINGS, CONCLUSIONS, AND DECISION To: File S-2006-41 From: e ' er Witzgall, er Date: June 23, 2006 File: S-2006-41 Applicant: John Uberuaga TABLE OF CONTENTS Section Page I. INTRODUCTION...................................................................................................... ......2 A. Application.......................................................................................................................................2 B. Decision on Subdivision...................................................................................................................2 II. FINDINGS OF FACT AND CONCLUSIONS................................................................... 3 A. Compliance with the Subdivision Ordinance....................................................................................3 B. Compliance with the Comprehensive Plan........................................................................................ 5 C. Compliance with the Zoning Code.................................................................................................... 6 D. Compliance with the Flood Plain Management Provisions............................................................... 6 E. Environmental Assessment............................................................................................................... 6 F. Critical Areas Review....................................................................................................................... 6 G. Comments......................................................................................................................................... 6 III. RECONSIDERATIONS AND APPEALS..........................................................................6 A. Request for Reconsideration............................................................................................................. 6 B. Appeals............................................................................................................................................. 6 C. Time Limits for Reconsideration and Appeals.................................................................................. 7 IV. LAPSE OF APPROVAL... .................................................................................................. 7 V. NOTICE TO COUNTY ASSESSOR..................................................................................7 VI. APPENDICES..................................................................................................................... 7 VII. PARTIES OF RECORD....................................................................................................7 John Uberuaga File No. S-2006-41 Page 2 of 7 I. INTRODUCTION The applicant is proposing to subdivide one lot addressed as 22311 — 95`h Place West into two lots (Attachment 1). See the .Zoning and Vicinity Map for reference (Attachment 2). The site is located in a single-family residential (RS -8) zone that allows lots with a minimum area of 8,000 square feet. The proposed lot layout is shown on the subdivision map (Attachment 3). The existing house is to remain on proposed Lot 1. A. Application 1. Applicant: John Uberuaga 2. Site Location: 22311 — 95th Place West (see Attachment 2). 3. Re uest: To divide one lot with a total area of 16,649 square feet into two lots in a Single - Family Residential (RS -8) zone (see Attachment 3). 4. Review Process: Following the Comment Period, Planning Staff makes an administrative decision. 5. Major Issues: a. Compliance with Edmonds Community Development Code (ECDC) Section 16.20.030, site development standards for the RS -8 zone. b. Compliance with Edmonds Community Development Code (ECDC) Title 18, public works requirements. c. Compliance with Edmonds Community Development Code (ECDC) Section 20.75, subdivision requirements. d. Compliance with Edmonds Community Development Code (ECDC) Section 20.95, staff review requirements. Note: All code sections referenced in this report can be viewed via the City's website at www.ci.edmonds.wa.us. B. Decision on Subdivision Based upon the Findings of Fact and Conclusions, and Attachments submitted with the application and during the comment period, the following is the decision of the City of Edmonds Planning Division: The subdivision as proposed is APPROVED with the following conditions: 1. 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: (1) Complete the Engineering Division conditions listed "Required prior to Recording" on Attachment 4. b) Remove the portion of the existing deck that extends into the required rear setback for Lot 1. The deck must be cut back to be at least 15 feet from the new property line. c) Make the following revisions to the plat: (1) If setbacks are to be included on the plat, add the following statement to the face of the Plat: "Setbacks shown are for reference only and vest no right." (2) Add to the face of the Plat: "Conditions of approval must be met and can be found in the final approval for the short subdivision located in File No. PLN20060041 in the City of Edmonds Planning Division." John Uberuaga File No. S-2006-41 Page 3 of 7 (3) Include on the plat all required information, including owner's certification, hold harmless agreement, and staff's approval block. d) Make sure all documents to be recorded meet the Snohomish County Auditor's requirements for recording, including all signatures in black ink. e) Submit copies of the documents to be recorded for the Planning Division and Engineering Division's approval. Once approved, the applicant must record the documents with Snohomish County Auditor's office. f) Submit an updated copy of the title report (short plat certificate) with the documents proposed to be recorded. 2. After recording the plat, the applicant must complete the following: a) Provide the City Planning Division with three copies of the recorded plat, with the recording number written on them. The City will not consider the subdivision to have been completed until this is done. b) Complete the Engineering Division conditions listed "Required with Building Permit" on Attachment 4. II. FINDINGS OF FACT AND CONCLUSIONS A. Compliance with the Subdivision Ordinance 1. Introduction a. Setting The subject property at 22311 --- 95th Place West is located in the Single -Family Residential (RS -8) zone (Attachment 2). The surrounding properties are also zoned RS -8 and are developed with single-family residences. b. Topography and Vegetation: The subject property is relatively flat on the western side of the existing house, then it slopes down to the east causing the house to appear as a single story from the west side, but two stories from the east side. The eastern portion of the subject property (proposed Lot 2) is relatively flat. Vegetation on the site consists of typical residential landscaping, including grass, shrubs, and trees. There are a few large fir trees located on the site. C. Lot Layout: The proposed lot layout is shown on the subdivision map (Attachment 3). The existing house will remain on Lot 1. Lot 1 will be accessed directly off of 95"' Place West via the existing driveway. Lot 2 will be created to the east of Lot I and will be accessed via a 15 -foot access and utility casement running along the northern side of the adjacent property to the south of the subject property. 2. Environmental Resources a. The subdivision chapter, ECDC 20.75.085, states that a proposed subdivision should be designed to minimize significant adverse impacts where environmental resources exist (such as trees, streams, ravines, or wildlife habitats). The only apparent environmental resources on the site are the existing trees. The majority of the trees on the subject property are located on proposed Lot 1 surrounding the existing residence. These trees are not likely to be impacted by the subdivision. The proposal minimizes grading because the buildable area for proposed Lot 2 is relatively flat. In addition, proposed Lot I will be accessed via the existing driveway and proposed Lot 2 will share access with the adjacent property to the south via an access easement. Since the proposed short plat could be designed in such a way that this access easement would not be John Ubernaga File No. S-2006-41 Page 4 of 7 necessary for access to proposed Lot 2 (Lot 2 could have a panhandle along one side of Lot 1), the easement will not be deducted from the total lot area for the property to the south of the subject property. Use of this easement enables fewer curb cuts and reduces the need for impervious surfaces. c. No hazardous conditions, such as flood plains, steep slopes, or unstable soil or geologic conditions exist at this site. d. A drainage plan must be submitted to the Engineering Department when a building permit is applied for on this site. Any proposed development on the site must be designed to code in order to minimize off-site impacts on drainage. All new impervious surfaces must be connected to a detention system. Views in this location are local and should not be negatively impacted by this proposal. 3. Lot and Street Layout a. This criteria requires staff to find that the proposed subdivision is consistent with the dimensional requirements of the zoning ordinance and that the lots would ultimately be buildable. Based on a review of the project and the analysis in this section, staff agrees that a two lot short -plat is a reasonable use of the property. b. Lot sizes and dimensions: Lot Area: Required Proposed Proposed Lot Area Gross sq. ft Nets . ft Lot 1 8,000 8,649 8,649 Lot 2 8,000 8,000 8,000 Lot Width: The required lot width in the RS -8 zone is 70 feet. The proposed lots meet this requirement. 4. Setbacks and Lot Coverage a. In order to approve a subdivision, the proposal must meet all requirements of the zoning ordinance, or a modification must be approved. Based on the development standards for the RS -8 zone, setbacks for the lots should be as follows: Lot 1: Street Setback (25 feet): From the west property line (95"' Place West). Side Setbacks (7.5 feet): From the north and south property lines. Rear Setback (15 feet): From the east property line. Lot 2: Side Setbacks (7.5 feet): From all property lines. Existing Structures I Encroachments: The existing house is proposed to be retained on Lot 1. The house meets all setbacks of the new lot; however, the existing deck located on the eastern side of the house does not meet the minimum required I5 -foot rear setback from the new property line. Therefore, a condition has been added to this approval to require the removal of the portion of the deck that does not meet the new setbacks. b. Corner Lots: Neither of the lots are considered corner lots. C. Flag or Interior lot determination: Lot 2 is a flag lot. d. Lot Coverage of Existing Buildings on Proposed Lots: 1.) 35% maximum lot coverage is allowed in the RS -8 zone. John Uberuaga File No. S-2006-41 Page 5 of 7 2.) According to Snohomish County Assessor's records, the existing house covers 2,124 square feet, which would cause proposed Lot 1 to have approximately 25% lot coverage. There are no structures currently located on proposed Lot 2; therefore, Lot 2 will have a zero percent lot coverage. Any future buildings or structures on either lot will be allowed to cover no more than 35% of each lot. 5. Dedications a. None required, per City Engineer's Requirements (Attachment 4). 6. Improvements a. See Engineering Requirements (Attachment 4). Flood Plain Management a. This project is not in a FEMA designated Flood Plain. B. Compliance with the Comprehensive Plan Comprehensive Plan Goals and Policies: 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: 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. 2. Compliance with the Residential Development goals and policies: The proposal will retain the existing house that was constructed in 1969, according to Assessor's records, and will make way for another home. The overall proposal should not cause any adverse impacts and appears to be consistent with the residential development goals and policies. The natural environment does not provide too many constraints in this area. John Uberuaga File No. 5-2006-41 Page 6 of 7 C. Compliance with the Zoning Code 1. The proposed subdivision complies with the provisions of the Zoning Code. See sections II.A.3 and II.A.4 of this document. D. Compliance with the Flood Plain Management Provisions 1. The proposed project is not located in a Flood Plain. E. Environmental Assessment 1. Is this site within a shoreline area (within 200 feet of the ordinary high water mark of the Puget Sound)? No. 2. Is an Environmental Checklist Required for this application? No. If more than 500 cubic yards of grading will be required, an Environmental Checklist is required. At this point in time, the total amount of grading for the subdivision improvements is not anticipated to exceed 500 cubic yards. If through the review of the civil plans, it is determined that more than 500 cubic yards of grading will be required, the City will require an Environmental Checklist to be submitted and will issue an Environmental Determination. F. Critical Areas Review 1. Critical Areas Review number: CA -2006-0021. Results of Critical Areas Reviews: The property does not appear to contain any critical areas as defined by ECDC 23.40.90. As a result, a waiver from the requirement to complete a study was issued. G. Comments No public comment letters were received during the review of this proposal. III. RECONSIDERATIONS AND APPEALS The following is a summary of the deadlines and procedures for fling reconsiderations 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 20.100.010.E allows for City staff to reconsider their 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 20.105.040 and 20.105.020 describes how appeals of a staff 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 fourteen (14) calendar days after the date of the decision being appealed. John Uberuaga File No, S-2006-41 Page 7 of C. Time Limits for Reconsideration and Appeals The time limits for Reconsiderations 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 staff has issued his/her decision on the reconsideration request, the time clock for filing an appeal continued from 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 staff issues their decision on the reconsideration request. IV. LAPSE OF APPROVAL Section 20.075.100 states, "Approval of a preliminary plat or preliminary short plat shall expire and have no further validity at the end of five years, unless the applicant has acquired final plat or final short plat approval within the five-year period." V. 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. VI. APPENDICES Attachments: 1. Application 2. Vicinity / Zoning Map 3. Subdivision Map 4. Engineering Requirements VII. PARTIES OF RECORD Engineering Department Planning Department John and Patricia Rice 22311 — 951h Place West Edmonds, WA 98026 Lee Michaelis Puget Sound Planning 20353 Fremont Avenue North Shoreline, WA 98133 John Uberuaga West Coast Builders 13631 — 65`h Place West Edmonds, WA 98026 city of edmonds land use application ❑ ARCHITECTURAL DESIGN REv[Ew FOR OFFICIAL USE ONLY ❑ COMPREHENSIVE PLANA FILE: +S"�6�� ZONE. �'r✓"�`b ❑ CONDITIONAL USE PERMIT l7 HOME OCCUPATION APR i t 2006 DATE: 4r 1y' O � REC'D $Y: 0 FORMAL SUBDIVISION 17 SHORT SUBDIVISION ❑ LOT LINE ADJUSTMENT PERMIT COUNTER FEE: RECEIPT #: 1M15 D PLANNED RESIDENTIAL DEVELOPMENT 11 OFFICIAL STREET MAP AMENDMENT HEARING DATE: ❑ STREET VACATION 0 HE)(STAFF t3 PB © ADB 13 CC ❑ REZONE ❑ SHORELINE PERMIT ❑ VARIANCE / REASONABLE USE EXCEPTION ❑ OTHER: > 6 — c t+y urzk► eA tag PROPERTY ADDRESS OR LOCATION: 2231195 .. PLACE SOUTHWEST EDMONDS WA 98026 PROJECT NAME (IF APPLICABLE): WEST COAST BUILDERS SHORT PLAT PROPERTY OWNER: JOHN & PATRICIA RICE PHONE #: 425.778.7387 ADDRESS: 2231195T"PLACESOUTHWESTEDMONDS,WA 98026 E-MAIL ADDRESS: NONE FAX #: NONE TAX ACCOUNT #; 00 5442 002 012 00 SEC.: 25 Twp.: 27N RNG.: 3E DESCRIPTION OF PROJECT OR PROPOSED USE: THE PROPOSAL IS TO SUBDIVIDE AN APPROXIMATELY_ 16,651 SQUARE FOOT PARCEL ZONED R -S INTO TWO SINGLE FAMILY LOTS FOR THE PURPOSE OF CONSTRUCTING A NEW RESIDENCE ON PROPOSED LAT 2. THE EXISTING HOUSE ON IAT 1 WILL REMAIN AS PART OF THE PROJECT. APPLICANT: JOHN UBERUAGA, WEST COAST BUILDERS_ _ PHONE #: 206.349.8217 ADDRESS: 1363165T" PLACE WEST EDMONDS, WA 98026 E-MAIL ADDRESS:USERUAGA MSN.COM FAX #: NoNE AGENT: LEE A. MICHAELIS, AICP PUGET SOUND PLANNING PHONE #: 425.830.1046 ADDRESS: 20353 FREMONT AVENUE NORTH SHORELINE, WA 98133 E-MAIL ADDRESS:LEE.MICHAELISn¢¢,PUGETSOUNDPLANNING.COM FAX 4:206.542.0152 The undersigned applicant, and his/her/its heirs, and assigns, inconsideration 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: -2'1 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 inspection and posting attendant to this application. SIGNATURE OF OWNER: R DATE: ~� This application form was revised on I0/0412005, To verify whether it is stilt current, call (425) 771-0220. / - A M A'.hr. w r -. a rpt .ln.i Attachment 1 Zoning Vicinity Map N RS-20 RS-6 `"; RM-3 ® BP CG2 n � Rezones N !� RS-12 RSW-12 RM-2.4 BN CW MU CD PRD RS-10 ','?': RS-MP RM-1.5 BC ® MP1 P RS-8 CG ® MP2 OS 0 200 400 mm iii!!'!!Siiiiiii Feet I z 0 � F- Lli co < _j Nz Dz 0 0 A Nom < V) 0g9 g Z I 0 t (1) O I z 0 � Z Lli co < _j Nz Dz 0 0 Nom < V) 0g9 g Z I 0 t (1) O cf) 0 V z Z C5 uj Ck- CL Z 0 ------------ ALL kY -------------------- Ld cf) cN 'M 30'V -d 4496 ----------- I z 0 � Z Lli co < _j Nz Dz 0 0 Nom < V) 0g9 g Z I 0 t (1) O cf) 0 V z Z C5 uj Ck- CL I gg O :i ®.fJo�o.�ao�o �0 IIIi a o U m s�oob�oo ,��ao��, m �o � illlllllll mill 0 All z o. cx p G,'+>73> Vr an }. � N Z a o sac ua a w aw w Imal'ouIN- glF tu a N per= o s ~ m I I �gg am d +�. M l,Sl1. 00 5 OOOM 011 EE16iE W ui m; oa IJFrogg cl)C7 wce 3 a 1m z clj I $� LLI a: 1 5iz X3 f ng O nC u ,d' JJ JG °�\ d fiwu PIMP ------ — a o mFa �a3aNNil 'M 3OV'ld H156 d, 11106. T- g o O 888 d7d w F 6 wo€ 8 CITY OF EDMONDS ENGINEERING REQUIREMENTS FOR SHORT PLATS (IN E3VWSD) Name. Rice -West Coast Builders File No.: S-06-41 Reviewed b 1 972206 Vicinity: 22311 95'h PL W Engineering,, Division date ------- I REQ'O REPID BAND COMPLETE PRIOR TO W/13LDS. POSTED F- RECORDIt4a I PERMIT I 1. RIGHTS -13F -WAY FDR PUBLIC STREETS: - No street dedication is required X 2. EASEMENTS (CITY UTILITIES, PRIVATE ACCESS, OTHER UT Provide all easements as needed. X Access for lot 2 shall be across the ingress/egress casement C, X —granted to said lot under short plat S-05-125. 3. STREET IMPROVEMENTS (ACP WITH CURS AND 7. SUTTER)' 95" PL W shall be widened to provide a minimum 12' travel X lane, north bound, measured from the painted centerline to the face of the curb. . ........... Construct 1$" curb &Zutter along Property frontage_ --X 4. STREET TURNAROUND. Provide on-site turn around-onp(w e access road to ity Stds. X 5. SIDEWALKS ANO/OR WALKWAYSL Construct 5' wide sidewalk along rop.Srty tr( ntage. X 6- STREET LIGHTS. N/A 7. PLANTING STRIP' NIA V S. WATER SYSTEM IMPROVEMENTS (PIPELINES, FIRE HYDRANTS, PUMP STATIONS, ETC) Developer must enter into an Extension agreement with Olympic X View Water and Sewer District Provide new water service to each Connect to public wateLsystem. X S.IENGRTRIVATE DEVFLOMENT PR0JECTS\REV1EW\SUBD1VISf0N-LU & RHYSlShort-Platsk0641 rice -west coast b1drs p1t.doc Attachment 4 RE4j'D REQ'DBOND COMPLETE PRIOR TO W/81 -DO. POSTED RECORDING I PERMIT 9. SANITARY SEWER SYSTEM IMPROVEMENTS - (PIPELINES, PUMP STATIONS, ETC.) Developer must enter into an Extension agreement with Olympic X View Water and Sewer District. Provide new sewer service to each lot X Connect to public sewer system X — _ X 1 Q, STORM SEWER SYSTEM IMPROVEMENTS (PIPELINES, PUMP STATIONS, ETC). Provide new storm sewer service for tot 2. _ _ _ _ _ _X Construct storm detention system sized to provide adequate — X -- — capacity for the proposed single family dwelling and access imerovements in accordance with ECDC 18.30. Connect to Public Storm stem _ X 1 1. ON-SITE DRAINAGE (PLAN PER ORD. 3011 3): Connect all new rnp5 Vous surfaces to detention y jn. X X 1 2. UNDERGROUND WIRING (PER ORD. 1 387): Required For alI new services_ _ — X X 1 3. EXCAVATION AND GRADING (PER 16C, APPENDIX J (20033 EDITION)) _— Submit a grading plan as part of engineered site lan Gradin for foundations to be included with buildingpermit only X _ X ._ __—X—_._._- 1 4. SIGNAGE (PER CITY ENGINEER): Provide fire and aid address sianaoe X 1 5. SURVEY MONUMENTATION (PER ORD., SECTION 1 2.1 0.1 20): N/A X 1 G. AS -GUILT DRAWINGS (PER CITY ENGINEER): Rewired for all utility construction._— — — _ X 1 7. OTHER REQUIREMENTS: c a) _ Plat showing lots, easements, sepals, survey information — X X Legal documents for each tot _ X --__ — c) Field stake lot corners (by professional surveyor) X d) Field stake utilit stubs at property lines. _ — X e) Clustered mailbox location per Postmaster _ _ X f) Maintenance a reements X SAENGWRIVATE DEVELOMENT PR0JECTSIREVIEW1SUBDIVISI0N-LU & REQ'S1Short-Plats106-41 rice -west coast Mrs plt.doc form revised. 11/15/45 Z ENGINEERING PROGRAM MANAGER, CITY OF EDMONDS DATE The Engineering requirements have been completed and the subdivision can be recorded. Authorized for recording by: Date: S:IENGWRIVATE DEVEI.OMENT PROJECTSIREVIEMSUBDIVISION-LU & REQ'S\Short-P1ats10641 rice -west coast bldrs plt.doc form revised: 11/15/05 REQVD PRIOR TO RECURVII40 REQ90 BOND W/BL013, POSTED PERMIT COMPLETE 18. ENGINEERING FEES: ' r _-a) Storm development chare (access onl- - $— _ X b) Storm drainage connection fee (sfr) $428/lot -- X -- - c) Sewer connection fee: - OVWSD -- - X d) Water connection fee: OV_W_S_D_ ------- -- —e) X Water meter fee - 3/a" meter. OVWSD f) Traffic mitigation fee $840.721 new lot $ ------- - —� -- x --_ --- - X -) Plat review fee ($860 per short piat) mm� __-__---$860- X - -- - --- --- ---- h) Short_plat inspection fee(2.2% of itn rovement costs) $ - X — _ -� - Z ENGINEERING PROGRAM MANAGER, CITY OF EDMONDS DATE The Engineering requirements have been completed and the subdivision can be recorded. Authorized for recording by: Date: S:IENGWRIVATE DEVEI.OMENT PROJECTSIREVIEMSUBDIVISION-LU & REQ'S\Short-P1ats10641 rice -west coast bldrs plt.doc form revised: 11/15/05