S-07-37 Staff Report.pdf
CITY OF EDMONDS
121 - 5TH AVENUE NORTH, EDMONDS, WA 98020
PLANNING DIVISION
FINDINGS, CONCLUSIONS, AND DECISION
To:
File S-07-37
From
:
Mike Clugston, Planner
Date:
June 26, 2007
File:
S-07-37
Applicant:
Zimmerlund Construction, Inc.
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...................................................................................................5
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..........................................................................7
A.Request for Reconsideration.............................................................................................................7
B.Appeals.............................................................................................................................................7
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......................................................................................................8
Zimmerlund Construction, Inc.
File No. S-07-37
Page 2 of 8
I.INTRODUCTION
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The applicant is proposing to subdivide one lot addressed as 22326 – 98 Avenue W into four 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 single family residence
and barn will be removed.
A.Application
1.Applicant: Zimmerlund Construction, Inc.
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2.Site Location: 22326 – 98 Avenue W (see Attachment 2).
3.Request: To divide one lot with a total area of 37,389 square feet into four lots in a Single-
Family Residential (RS-8) zone (seeAttachment 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 were submitted jointly with the subdivision application. Those plans
were approved by the Engineering Division with conditions described that must be
completed prior to recording the subdivision plat. The Engineering Division’s
requirements are identified as Attachment 4 in this report.
b)Obtain a demolition permit from the City to remove the house, carport and barn
located on Lots 3 and 4.
c)Make the following revisions to the plat:
(1)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 S-07-37
in the City of Edmonds Planning Division.”
(2)Keep the notes regarding ownership and maintenance of Tract A on the
final plans.
(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.
Zimmerlund Construction, Inc.
File No. S-07-37
Page 3 of 8
e)Submit two 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
Introduction
1.
a.Setting:
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The subject property at 22326 – 98 Avenue W is located in the Single-Family Residential
(RS-8) zone (Attachment 2). The immediately surrounding properties are also zoned RS-8
and are developed with single-family residences.
b.Topography and Vegetation:
The subject site slopes downwards slightly from east to west, but is fairly flat. Vegetation
surrounding the existing house consists of typical residential landscaping, including grass,
trees, and shrubs.
c.Lot Layout:
The proposed lot layout is shown on the subdivision map (Attachment 3). The existing
house will be removed from proposed Lot 4 and the barn will be removed from proposed Lot
3. All four proposed lots will be accessed via a shared 2,809 square foot access tract which
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intersects with 224 Avenue Southwest.
Environmental Resources
2.
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 existing trees on the site are considered
to be environmental resources. The majority of the trees on the parcel are located in areas
that would be impacted by future development on the site and will likely need to be
removed. There are no other apparent environmental resources on this site.
b.The proposal minimizes grading because the site is relatively level.The shared access tract
will be graded and improved but such work will not exceed SEPA thresholds.
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 meet
current 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. It does not appear that they will be negatively impacted by
this proposal.
Zimmerlund Construction, Inc.
File No. S-07-37
Page 4 of 8
Lot and Street Layout
3.
a.This criterion requires staff to examine whether 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, a four lot short-
plat is a reasonable use of the property.
b.Lot sizes and dimensions:
Lot Area:
RequiredProposedProposed
Lot Area Gross sq. ft Net sq. ft
Lot 1 8,0008,3118,311
Lot 2 8,0008,2088,208
Lot 3
8,0008,1438,143
Lot 4
8,0009,9169,916
Note that the City deducts access easements from total lot area. Because Tract A is a shared
access equally owned by all four lots, this requirement is not pertinent to this application.
Lot Width:
The required lot width in the RS-8 zone is 70 feet. The proposed lots meet this requirement.
Setbacks and Lot Coverage
4.
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:
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Lot 1: Street Setback (25 feet) along 98 Avenue W
Side Setback (7.5 feet) on north and south property lines
Rear Setback (15 feet) along western property line
Lot 2: All side setbacks (7.5 feet)
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Lot 3: Street Setback (25’) along 224 Street SW
Side Setback (7.5’) on east and west property lines
Rear Setback (15’) along northern property line
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Lot 4: Street Setbacks (25’) along 224 Street SW and 98 Avenue W
Side Setbacks (7.5’) on north and west property lines
Existing Structures / Encroachments: The existing house and barn located on the subject
property is proposed to be removed.
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Street SW and 98 Avenue W. The
b.Corner Lots: Lot 4 is a corner as it fronts on both 224
setbacks are adjusted accordingly to be 25’ on the southern and eastern property lines and
7.5’ on the northern and western property lines.
c.Flag or Interior lot determination: Lot 2 is a flag lot. All setbacks are adjusted to be 7.5’
side setbacks.
d.Lot Coverage of Existing Buildings on Proposed Lots:
1.)35% maximum lot coverage is allowed in the RS-8 zone.
2.)The existing house and barn are to be removed resulting in zero lot coverage on Lots 3
and 4. Any future buildings or structures will be allowed to cover no more than 35% of
each lot.
Zimmerlund Construction, Inc.
File No. S-07-37
Page 5 of 8
Dedications
5.
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a.A five (5) foot street dedication to the City of Edmonds is required along 224 Street SW
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and 98 Avenue W, per City Engineer’s Requirements (Attachment 4). This dedication is
shown on Attachment 3.
Improvements
6.
a.See Engineering Requirements (Attachment 4).
Flood Plain Management
7.
a.This project is not located in a FEMA designated Flood Plain.
B.Compliance with the Comprehensive Plan
1.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 involves
removing an existing house on a fairly large lot and creating four smaller parcels. Each of these
parcels could support the construction of a new single family home thereby increasing the
amount of available housing within the City. The natural environment presents few constraints
to the redevelopment of this parcel with the possible exception of the need to remove several
large trees at the time of development.
C.Compliance with the Zoning Code
1.
The proposed subdivision must comply with the provisions of the Zoning Code. See sections
II.A.3 and II.A.4 of this document.
Zimmerlund Construction, Inc.
File No. S-07-37
Page 6 of 8
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 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-2007-0045.
Results of Critical Areas Reviews:
The property does not appear to contain any critical areas as
defined by ECDC 23.40. As a result, a waiver from the requirement to complete a study was
issued.
G.Comments
Three public comment letters were received during the review of this proposal which are included
as Attachments 5 - 7.
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1. Robert and Debra Burkhardt (22326 98 Avenue W) inquired about the possibility of
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Avenue W as part of this development by requiring
improving stormwater drainage on 98
the developer to install street drains. In addition, the Burkhardt’s requested that all the trees
on the western half of the subject property be removed due to safety concerns on the
Burkhardt’s property.
Staff Response: Public street and stormwater improvements adjacent to the subject parcel on
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98 and 224 are required as part of the Engineering Division’s requirements. Engineering is
aware of the drainage concerns and is working with the developer to mitigate the problem.
All new residential structures will be required to have onsite stormwater detention facilities
that are connected to the public storm system.
With respect to the removal of trees, the City encourages the conservation of environmental
resources. However, tree removal will likely occur during the construction of single-family
residences on the proposed lots and is reviewed during the building permit process. The
development of the access tract for the subdivision appears to require the removal of one tree.
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2. Jim Sawyer (22327 98 Avenue W) indicated that the subdivision of the subject parcel into
four lots will result in negative impacts including increased noise and traffic, the alteration of
his views, and an impact to local wildlife.
Staff response: The Edmonds Community Development Code (ECDC) allows for the
property to be subdivided into lots with a minimum size of 8,000 square feet. The applicant
is proposing lots larger than that ranging from 8,143 to 9,916 square feet. The City of
Edmonds cannot deny a property owner the right to subdivide their property, but in doing so
they must meet all ECDC requirements as has been demonstrated in this report. Traffic
impacts are mitigated through the collection of a traffic mitigation fee levied on each new lot
being created. Regarding wildlife, the known species on-site are not threatened or
endangered under Federal law.
Zimmerlund Construction, Inc.
File No. S-07-37
Page 7 of 8
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3. Nina Roscow (7027 210 St. SW # B, Lynnwood, WA) objected to the proposed zoning
change from single-family to multi-family residential that would allow the subject parcel to
be divided into four lots.
Staff response: The applicant is not proposing a rezone but rather to develop the property as
allowed by the existing underlying zoning – single-family residential with an 8,000 square
foot minimum lot size (see Attachment 2). Following the zoning, the subject parcel can be
divided into four lots of at least 8,000 square feet (see Staff Response #2). Multi-family
density would imply 12-24 potential dwelling units, not four. In fact, multi-family
development for this parcel is not allowed under ECDC nor called for in the Edmonds
Comprehensive Plan.
III.RECONSIDERATIONS AND APPEALS
The following is a summary of the deadlines and procedures for filing 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.G 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, 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 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
Zimmerlund Construction, Inc.
File No. S-07-37
Page 8 of 8
2.Vicinity / Zoning Map
3.Subdivision Map
4.Engineering Requirements
5. Letter from Robert & Debra Burkhardt
6. Letter from Jim Sawyer
7. Letter from Nina Roscow
VII.PARTIES OF RECORD
Planning Department Engineering Department
Katherine Simmons
Zimmerlund Construction, Inc.
13 Raschel Lane
733 Pine Street
Edmonds, WA 98020
Tijeras, NM 87059
Jim Sawyer
Robert & Debra Burkhardt
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Avenue W
Avenue W 22327 98
22322 98
Edmonds, WA 98020
Edmonds, WA 98020
Nina Roscow
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Street SW #B
7027 210
Lynnwood, WA 98036