Loading...
S-07-52 Staff report with attachments.pdfCITY OF EDMONDS 121 - 5TH AVENUE NORTH, EDMONDS, WA 98020 PLANNING DIVISION FINDINGS, CONCLUSIONS, AND DECISION To: File No. S-2007-52 From: Jennifer Mach a, Planner Date: September 11, 2007 File: S-2007-52 Owner(s): Joan D. Dwyer and Gerald D. Stevenson Applicant: Per Zimmerlund, 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.................................................................................................... 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............................................................................................................. 7 B. Appeals............................................................................................................................................. 7 C. Time Limits for Reconsideration and Appeals.................................................................................. 7 IV. LAPSE OF APPROVAL.....................................................................................................7 V. NOTICE TO COUNTY ASSESSOR..................................................................................7 VI. ATTACHMENTS...............................................................................................................7 VII. PARTIES OF RECORD......................................................................................................7 Dwyer / Stevenson File No. S-2007-52 Page 2 of 7 I. INTRODUCTION The applicant is proposing to subdivide one lot currently addressed as 810 — 9`h Avenue South 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 -6) zone that allows lots with a minimum area of 6,000 square feet. The proposed lot layout is shown on the subdivision map (Attachment 3). The applicant has indicated plans to retain the existing single family residence. A. Application 1. Applicant: Zimmerlund Construction Inc. for Joan Dwyer and Gerald Stevenson 2. Site Location: 810 — 91h Avenue South (see Attachment 2). 3. Request: To divide one lot with a total area of approximately 21,892 square feet into two lots in a Single -Family Residential (RS -6) 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 -6 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. (2) Provide a minimum of two onsite parking spaces on Lot 2 that can be accessed via the new access easement. These spaces must meet the minimum requirements of the Engineering Division. b) Relocate the driveway access to the existing residence to be within the ingress/egress easement across Lot 1. c) Make the following revisions to the plat: (1) Provide the net area of Lot I (total area minus the area of the access easement) to ensure that the net area will not be below the minimum 6,000 square feet requirement. Dwyer / Stevenson File No. S-2007-52 Page 3 of 7 (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. S- 2007-52 in the City of Edmonds Planning Division." (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 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. Note that the updated title report must be prepared within 30 days of submittal. 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. 3. During development of the subject site, the applicant is encouraged to retain the trees located outside the footprints of the new residence(s) and driveways. Any tree removal must meet the requirements of ECDC 18.45. II. FINDINGS OF FACT AND CONCLUSIONS A. Compliance with the Subdivision Ordinance 1. Introduction a. Setting: The subject property at 810 — 9`�' Avenue South is located in the Single -Family Residential (RS -6) zone (Attachment 2). The surrounding properties to the north, south, and west of the subject property are also zoned RS -6, while the properties located across 9`h Avenue South from the subject property are zoned RS -8. All of the surrounding properties on both sides of 91h Avenue South appear to be developed with single-family residences. T000eranhv and Veeetation: The subject site slopes downward gradually from east to west. The majority of the slope is near the western property line, where there is enough of a slope to be considered an Erosion Hazard Area. Vegetation consists of typical residential landscaping, including grass, shrubs, and trees. The site contains several large fir, spruce, maple, and cedar trees, particularly near the center of the site. Lot Lam: The proposed lot layout is shown on the subdivision map (Attachment 3). Lot I will be created on the eastern portion of the existing lot, and Lot 2 will be created on the western portion of the existing lot. The applicant has indicated plans to retain the existing house from Lot 2. The proposed lots will be accessed via a shared access easement off of 91h Avenue South along the southern portion of Lot 1. 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 existing trees on the site are considered 3. 4. Dwyer / Stevenson File No. S-2007-52 Page 4 of 7 to be environmental resources; however, some of these trees will need to be removed for development of the new access easement and future home on Lot 1. The applicant is encouraged to retain the trees located outside the footprints of the new construction during development of the subject site. Any tree removal must meet the requirements of ECDC 18.45. There are no other apparent environmental resources on this site. b. The proposal minimizes grading because both lots will share driveway access. C. No hazardous conditions, such as flood plains, steep slopes, or unstable soil or geologic conditions appear to exist at this site. d. A drainage plan must be submitted to the Engineering Division 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. 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. Lot sizes and dimensions: Lot Area: Required Proposed Proposed Lot Area Gross sq. ft Nets . ft Lot 1 6,000 10,000.00 > 6,000* Lot 2 6,000 11,891.69 11,891.69 *Note: The net area of Lot l depends on the size of the necessary access easement to benefit Lot 2. Based on the dimensions shown on the preliminary plans, it appears that the area of the access easement is approximately 1,500 square feet, which would cause the net area of Lot 1 to be approximately 8,500 square feet, which is well above the minimum 6,000 square foot lot area required by the RS -6 zone. Therefore, it is assumed that there will be no problems with lot area once the required easement is established. Prior to recording of the short plat, the applicant must show that the net area of Lot 1 is at least the minimum required 6,000 square feet. Lot Width: The required lot width in the RS -6 zone is 60 feet. The proposed lots meet this requirement. Parking: Pursuant to ECDC 16.20.030, a minimum of two on-site parking spaces are required for both lots. Although the existing residence on Lot 2 contains a two -car garage, it is unclear whether vehicles will be able to access this parking via the new access easement along the southern side of Lot 1. Therefore, a condition of approval has been added requiring the applicant to provide two on-site parking spaces for Lot 2. 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 -6 zone, setbacks for the lots should be as follows: Lot 1: Street Setback (20 feet): From the eastern property line. Side Setbacks (5 feet): From the northern property line and from the northern boundary of the access easement running along the southern property line. Rear Setback (15 feet): From the western property line. Dwyer / Stevenson File No. S-2007-52 Page 5 of 7 Lot 2: Side Setbacks (5 feet): From all property lines. Existing Structures / Encroachments: This proposal will not reduce the setbacks of the existing residence below the minimum required setbacks for Lot 2. b. Corner Lots: Neither lot is considered a corner lot. C. Flag or Interior lot determination: Lot 2 is considered a flag lot. d. Lot Coverage of Existing Buildings on Proposed Lots: 1.) 35% maximum lot coverage is allowed in the RS -6 zone. 2.) According to Snohomish County Assessor's records, the existing house covers 1,784 square feet, which is approximately 15% of the total area of Lot 2. There are no existing structures on Lot 1; therefore, Lot 1 will have a lot coverage of zero percent. Any future buildings or structures on either lot will not be allowed to cover 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). 7. Flood Plain Management 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. 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. Dwyer / Stevenson File No. S-2007-52 Page 6 of 7 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 residence that was constructed in 1958 according to Snohomish County Assessor's records and will make way for one additional residence. The overall proposal should not cause any adverse impacts and appears to be consistent with the residential development goals and policies. C. Compliance with the Zoning Code The proposed subdivision must comply 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 in a Flood Plain. E. Environmental Assessment 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 -2007-0060. Results of Critical Areas Reviews: During critical areas review of the subject property, staff found that the property contains a slope that is steep enough to be considered an Erosion Hazard Area as defined by ECDC 23.80. The applicant must comply with the critical areas requirements of ECDC 23.40 and 23.80 as well as with the erosion control requirements of ECDC 18.30. G. Comments One public comment letter was received during the review of this proposal and is included as Attachment 5. Carolyn Schmidt requested for the subject property to remain as it currently is. Specifically; she addressed concerns over tree removal on the site. City's Response: It is possible that some of the existing trees will need to be removed to allow for construction of the new residence on Lot 1, as well as the shared driveway. The applicant must comply with the requirements of ECDC 18.45 and may not remove any trees prior to recording without meeting the requirements of ECDC 18.45 and/or obtaining a tree removal permit, building permit, or approved civil plans. A condition has been added to encourage the applicant to retain the trees located outside the footprints of the future residence(s) and driveways; however, if the applicant proposes future tree removal that meets the requirements of ECDC 18.45, the City cannot require the applicant to retain those trees. 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. Dwyer / Stevenson File No. S-2007-52 Page 7 of 7 A. Request for Reconsideration Section 20.100.01 O.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 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 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 continues 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. ATTACHMENTS 1. Application 2. Vicinity / Zoning Map 3. Subdivision Map 4. Engineering Requirements 5. Comment Letter from Carolyn Schmidt, dated August 15, 2007 VII. PARTIES OF RECORD Engineering Department Planning Department Per Zimmerlund Zimmerlund Construction Inc. 735 Pine Street Edmonds, WA 98020 Joan Dwyer and Gerald Stevenson 810 — 91h Avenue South Edmonds, WA 98020 Carolyn Schmidt (No Address Provided) city of edmonds land use application ❑ ARCHITECTURAL DESIGN REVIEW ❑ COMPREHENSIVE PLAN AMENDMENT ❑ CONDITIONAL USE PERMIT ❑ HOME OCCUPATION �� ShDrdP�f Cl FORMAL SUBDIVISION ❑ SHORT SUBDIVISION I S° 5'h� ❑ LOT LINE ADJUSTMENT 0' iW ❑ PLANNED RESIDENTIAL DEVELOPMENT ❑ OFFICIAL STREET MAP AMENDMENT ❑ STREET VACATION ❑ REZONE ❑ SHORELINE PERMIT ❑ VARIANCE / REASONABLE USE EXCEPTION OTHER: RECEIVED s� 11—v 4 PERMIT COUNTER FILE# /NZL'd-700-S2-ZONE DATE c6 Z2/0 REC'DBY IOCL�115 n FEE J �) O - �� RECEIPT # 445-1q HEARING DATE ❑ HE STA ❑ PB ❑ ADB ❑ CC PROPERTY ADDRESS OR LOCATION (">/ g 4 PROJECT NAME (IF APPLICABLE) PROPERTY OWNERIJOan D-0 gZ4-,(,lci CEDAR S cr, LL SPRUCE ST Oc HEML WAVIVA PINE ST T- C) ALDER ST WALNUT ST z-,and Vicinity Map- oning F 0 125 250 500 File No. S-2007-52 Feet I > Oj 00 z-,and Vicinity Map- oning F 0 125 250 500 File No. S-2007-52 Feet I CD N N CV z Aim co m U) 0 rn u- w20 �w o NwQYy> w�o= �mLL£�o NiiNa3 y New ou'm> if ioj �oo�ov�i =opt d w "z,�$j K r= W p V w z 3 wUI �aLLpZ��ori Z> aupW wpm°wok uo�N� igowo wNV� tJp �N z Q=az 202 W rapW 20p w w opZ < �a�` - „ w LL;Z w � " p- o �p >wpLL O 2 w E p p Z N O 33irs ow I pp u. �U-UU W Ll is j a wj� 8J[ Srb g i Z g r o >$y� L N oWF- $4 WWW bg $i$;�$Z $ " pWL �'yo Z yy N �C M TF{j�I A, L Z Y Y$ Np y Y S 6kW� 1�y Y �m ILI g�Yzw Amar Yy q U F N T W I N N N y 4 J y i y$ Y 8-ijn e> l�n ----S.3Ad'416 No�aM.fi os s��uo� YSS N ne ye® E 8 81C I ote y � 00'OOI „xa a: d� $Cgs OL3 J g dp Ed u'' � o 4S y S z ,Ppp E n E o$ Wi Z iz zZ n: NO U Z� 0 U Z. S 6�Yu N yi 4pG .a a i R_ N1WFyy n � Cl i U oc€ =� (n I� 2 U r } T�Y� cWnz OZ i O T h u E o c $ z U) o $ E E a o i'i V d: w Vao �i 4�4 .rO Q Db r z x Z <W ..o �i Z rt IMF. b•{ LlO y w Ni � ss• Z N C pz� zz N a i kCN62Woy 1 oY� 4s4kk�((u 00 4d$ O J J o - H z :g J V 0 s a I E n E o$ „a �w $ •` W 6�Yu N yi 4pG .a a i R_ u ate$ _ suenrvrs��+_�.u¢ � — i kCN62Woy 1 oY� 4s4kk�((u 00 4d$ O J J o - H z :g J V 0 s a I E n E o$ I- L c Y o ;O U N ,E;a£ w pG$�s n � Cl i U oc€ =� (n I� 2 U r } T�Y� r > tB o d I� O T h u E o c $ z U) o $ E E a o i'i V d: w d ;i I a ;O O4. 41 A N n � Cl i U Q y r U r ao {_ V d: w d ;i A d ,y V% r CITY OF EDMONDS ENGINEERING REQUIREMENTS FOR SHORT PLATS Name: Dwyer / Stevenson File No.: PLN20070052 Reviewed by: Jeanie McConnell August 15, 2007 Address: Engineering Division Date 8109th Ave S pIn20070052 Dwyer -Stevenson SP Req's.xls 1 of 3 ttac REq'D PRIOR TO RECORDING REQ'D W/BLDG COMPLETE PERMIT 1. Right -of Way Dedication for Public Streets a) n/a 2. Easements (City utilities, private access, other utilities): a) Provide all easements as needed X b) Lot 2 shall access off private access road. X C) Private access easement shall be 15 (fifteen) feet in width. X 3. Public Street Improvements (ACP, curb, gutter and sidewalks): a) 18" curb & gutter along property frontage Existing b) Five-foot wide concrete sidewalk along property frontage Existing 4. Private Access Improvements: a) Private access road serving lot 2 shall be paved to 12.0' in width, plus 18" asphalt thickened edge or 6" concrete extruded curb may be used. X b) Slope of private access road and driveways shall not exceed 14% and shall be noted as such on the civils. X c) Cross slope of private access road shall not exceed 2% X 5. Street Turnaround: a) Provide on-site turnaround on private access road to City Standards. X 6. Street Lights: n/a 7. Planting Strip: n/a 8. Water System Improvements OVWSD a) Public hydrant spacing shall meet requirements of ECDC 19.25. X b) Provide new water service to each lot. X c) Connect to public water system. X X 9. Sanitary Sewer System Improvements (OVWSD) pIn20070052 Dwyer -Stevenson SP Req's.xls 1 of 3 ttac pIn20070052 Dwyer -Stevenson SP Req's.xls 2 of 3 REq'D PRIOR TO RECORDING REQ'D W/BLDG COMPLETE PERMIT a) Provide new 6" service lateral to development with 6" cleanout at property line. X b) Provide new 4" side sewer to each lot X c) Connect to public sewer system. X X 10. Storm Sewer System Improvements: a) Provide a Stormwater Management report and plan. Compliance with ECDC 18.30 and 1992 Department of Ecology Stormwater Manual is required. X b) Construct privately owned and maintained storm detention system sized to provide adequate capacity for proposed single family dwellings and street improvements in accordance with ECDC 18.30. Storm detention system to be located on private property. X c) Provide storm sewer service to all proposed lots. X d) Connect to public storm system. X X 11. On-site Drainage Ian per Ord. 3013): a) Connect all new impervious surfaces to detention system. X X 12. Underground Wiring (per Ord. 1387): a) Required for all new services. X X 13. Excavation and Gradin(per IBC a) Submit a grading plan as part of engineered site plan. X X b) Submit grading plan for foundations with building permit. X 14. Signage(per City Engineer): a) Provide fire and aid address signage. X 15. Survey Monumentation(per Ord. Sect. 12.10.120): n/a 16. As -built Drawin s(per City Engineer): a) Required for all street and utility improvements. Provide an AutoCAD electronic copy and a hard copy to City. X X 17. Other Requirements: a) Plat showing lots, easements, legals, survey information X X b) Legal documents for each lot X c) Field stake lot corners (by professional surveyor) X d) Field stake utility stubs at property lines X e) Clustered mailbox location per Postmaster X f) Maintenance agreements X g) Traffic Impact Analysis X 18. Engineering Fees: a) Storm development charge (access tract) n/a b) Storm system development charge $428.00 X c) Sewer connection fee $730.00 X pIn20070052 Dwyer -Stevenson SP Req's.xls 2 of 3 �eaexiv�ay!yee� �[[a�i l5, 2007 Engineering Program Manager, CITY OF EDMONDS Date pIn20070052 Dwyer -Stevenson SP Req's.xls 3 of 3 REQ'D PRIOR TO RECORDING REQ'O W/BLDG COMPLETE PERMIT d) Water connection fee $908.00 x e) f) Water meter fee - 3/4" meter Traffic mitigation fee $550.00 $840.72 x x g) Short Plat review fee $860.00 X h) Inspection fee (2.2% of improvement costs) TBD X �eaexiv�ay!yee� �[[a�i l5, 2007 Engineering Program Manager, CITY OF EDMONDS Date pIn20070052 Dwyer -Stevenson SP Req's.xls 3 of 3 14, Attachment 5