S-07-58 Staff Report.pdfCITY OF EDMONDS
121 - 5TH AVENUE NORTH, EDMONDS, WA 98020
PLANNING DIVISION
FINDINGS, CONCLUSIONS, AND DECISION
To: File No. S-2007-58
From:
enniferMachuanner
Date: October 12, 2007
File: S-2007-58
Applicant: Michel Construction, Inc.
Agent: Scott Schlumberger
TABLE OF CONTENTS
Section Page
I.
INTRODUCTION............................................................................................................... 2
A. Application.......................................................................................................................................2
B. Decision on Subdivision................................................................................................................... 3
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 .............................. ................. .......................................................... I............. 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.
ATTACHMENTS:.........................................:....................................................................8
VII.
PARTIES OF RECORD......................................................................................................8
Michel Construction, Inc.
4 -Lot Townhouse Subdivision
File No. 5-2007-58
Page 2 of 8
I. INTRODUCTION
The applicant is proposing to subdivide one lot addressed as 21215 — 82nd Place West into four townhouse
lots (Attachment 1). See the Zoning and Vicinity Map for reference (Attachment 2). The site is located in a
Multiple -Family Residential (RM -2.4) zone that requires a minimum of 2,400 square feet of site area per
dwelling unit. The proposed lot layout is shown on the subdivision map (Attachment 3). Building permits
for four detached residences have been issued on the subject property under the new addresses of 21207,
21211, 21215, and 21219 — 82nd Place West. Civil improvements have also been approved. The building
permits and civil improvements were reviewed in conjunction with building permits for four detached
residences on the adjacent lot to the north addressed as 21207 — 82nd Place West under the new addresses of
21205, 21209, 21213, and 21217— 82nd Place West.
The four detached residences on the subject property and four detached residences on the adjacent property to
the north received design review under Architechural Design Board (ADB) File Nos. PLN -2005-0170 and
PLN -2005-0171 and building permit review under File Nos. BLD -2006-0794 through BLD -2006-0801. It
was determined that the proposed development meets the minimum site development standards for a
multifamily project located within the RM -2.4 zone; therefore, permits were issued and the development is
currently under construction. Refer to Attachment 4 for a copy of the approved site plan for the development
including the adjacent property to the north.
Under the subject application, the applicant has proposed a four -lot townhouse subdivision in order to create
individual lots for each of the detached dwelling units on the subject property. A four -lot townhouse
subdivision is also currently proposed for the adjacent lot to the north under File No. 5-2007-57.
A. Application
I. Auulicant: Michel Construction, Inc.
2. Site Location: 21215 --- 82nd Place West (see Attachment 2).
3. Request: To divide one lot with a total area of 12,001 square feet into four townhouse lots in a
Multiple -Family Residential (RM -2.4) 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 16.30.030,
site development standards for the RM -2.4 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.
e. Compliance with Edmonds Community Development Code (ECDC) Section 21.100.040,
definition of townhouse.
Note: All code sections referenced in this report can be viewed via the City's website at
www.ci.edmonds.wa.us.
Michel Construction, Inc.
4 -Lot Townhouse Subdivision
File No. S-2007-58
Page 3 of 8
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:
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. Prior to recording, the applicant must complete the following requirements:
a) Complete the improvements shown on the approved civil plans for the four detached
residences on the subject property.
b) Make the following revisions to the plat:
(1) If setbacks are to be included on the plat, correct the setbacks shown to
reflect those stated in Section II.A.3.d of this report.
(2) Correct the width of the ingress, egress, and utility easement to reflect the
width that was approved/constructed with the building permits for the four
detached residences on the subject property.
(3) Show all easements as required.
(4) 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. 5-
2007-58 in the City of Edmonds Planning Division."
(5) Include on the plat all required information, including owner's certification,
hold harmless agreement, and staff approval blocks.
c) Make sure all documents to be recorded meet the Snohomish County Auditor's
requirements for recording, including all signatures in black ink.
d) 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.
e) Submit an updated copy of the title report (short plat certificate) with the documents
proposed to be recorded. Please note that the updated title report must be prepared
within 30 days of submittal.
3. After recording the plat, the applicant must complete the following:
a) Provide the City of Edmonds 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.
II. FINDINGS OF FACT AND CONCLUSIONS
A. Compliance with the Subdivision Ordinance
1. Introduction
a. Seitin:
The subject property at 21215 — 82nd Place West is located in the Multiple -Family
Residential (RM -2.4) zone (Attachment 2). Properties within the vicinity are zoned Multiple -
Family Residential (RM -2.4), Neighborhood Business (BN), and Single -Family Residential
(RS -8). Neighboring properties are developed with multi -family residences, single-family
residences, and offices.
Michel Construction, Inc.
4 -Lot Townhouse Subdivision
File No. S-2007-58
Page 4 of 8
b. Topography and Vegetation:
The subject property is relatively level. The site is currently under construction; therefore, it
contains little vegetation. Vegetation will be re-established following construction activities
in accordance with the landscaping plan that was approved for the site in conjunction with the
design and building permit reviews.
C. LotLayout:
The proposed lot layout is shown on the subdivision map (Attachment 3). Lot I will be
created on the western portion of the property and Lot 4 will be created on the eastern portion
of the property, with Lots 2 and 3 in between Lots 1 and 4. The proposed lots will be
accessed via an ingresslegress easement along the northern portion of the subject property
and shared with the adjacent property to the north.
Z. 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). No apparent environmental resources are
present on the site.
b. The proposal minimizes grading because the subject property is relatively flat and the lots
will be accessed via a shared access easement that is also shared with the adjacent property to
the north (21207 -- 82nd Place West).
C. No hazardous conditions, such as flood plains, steep slopes, or unstable soil or geologic
conditions exist at this site.
The Engineering Division has reviewed and approved civil plans for the site in conjunction
with review of the building permit applications for the new detached residences. Any
proposed development on the site should be designed to minimize off-site impacts on
drainage. All new impervious surfaces must be connected to a detention system.
3. Townhouse Subdivision Requirements (Lot Size and Layout)
a.. The proposal is for a four -lot townhouse subdivision. According to ECDC 21.100.040, a
townhouse is a multiple dwelling unit meeting the following criteria:
• No dwelling unit overlapping another vertically;
• Common side walls joining units;
• Not more than six dwelling units in one structure;
• Coverage shall not exceed the aggregate coverage of the individual structures as
defined in the zoning code;
• Lot area per unit for purposes of subdivision may be as small as the coverage of the
individual unit, so long as the overall density meets the zoning on the site. Portions
of the site not subdivided for individual units shall be held in common by the
owners of the individual units.
Note: According to Interpretations File No. 2003-01, because no minimum number of
dwelling units is stated in ECDC 21.100.040, a proposed development of detached
dwelling units may be subdivided as a townhouse subdivision. Additionally, for detached
units in townhouse subdivisions, internal lot lines may be placed along the edge(s) of
exterior walls of the dwelling units or anywhere between the dwelling units.
b. Lots must be designed to contain a usable building area. Based on a review of the project,
the analysis in this section, and the previous design review, each of the proposed townhouse
lots is buildable.
Michel Construction, Inc.
4 -Lot Townhouse Subdivision
File No, S-2007-58
Page 5 of 8
C. Lot sizes and dimensions. Because this project is being developed as a townhouse
subdivision, lot area per unit may be as small as the coverage of the individual unit, as long
as the overall density meets the underlying zoning of the site. For this project, the
underlying density on the entire project site could yield a maximum of 4 dwelling units. As
a result, the proposal meets this requirement.
d. Setbacks:
Typical setbacks for lots in the RM -2.4 zone are:
Street setbacks: 15'
Side setbacks: 10'
Rear setbacks: 15'
Using the townhouse subdivision model, the exterior of the project site must meet the
underlying zoning setbacks. In this case, the exterior setbacks approved with the building
permit applications conform with the underlying RM -2.4 requirements. With respect to
internal setbacks, the detached units have the flexibility to place lot lines from the outer
edge of a dwelling unit's exterior wall (zero lot lines) to anywhere between an adjacent
dwelling unit. The proposed townhouse lots have interior setbacks which range between
approximately four and five feet.
e. Lot Coverage:
1.) 45% maximum lot coverage is allowed in the RM -2.4 zone.
2.) The lot coverage of the approved detached residences was reviewed to comply with the
45% lot coverage requirement over the entire project site during building permit review.
4. Dedications
a. The Engineering Division reviewed the proposed development with civil plan and building
permit reviews for the four detached residences and determined that no street dedication was
required.
5. Improvements
a. All required improvements were identified with civil plan and building permit reviews for
the four detached residences. No additional improvements are required with the townhouse
subdivision.
b. Flood Plain Management
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
Michel Construction, Inc.
4 -Lot Townhouse Subdivision
File No. S-2007-58
Page 6 of 8
approached realistically in balancing economic and aesthetic consideration, in
accordance with the following policies:
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.B. Require that new residential development be compatible with the natural
constraints of slopes, soils, geology, vegetation and drainage.
C. Goal. A broad range of housing types and densities should be encouraged in
order that a choice of housing will be available to all Edmonds residents, in
accordance with the following policies:
C.2. Multiple. The City's development policies encourage high quality site and
building design to promote coordinated development and to preserve the
trees, topography and other natural features of the site. Stereotyped,
boxy multiple unit residential (RM) buildings are to be avoided.
2. Compliance with the Residential Development goals and policies: The proposal will establish the
property lines for four new townhouse lots; however, it will not cause any changes in the density
allowed on the original subject property. 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 townhouse 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
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. During review of the building
permit applications for the four detached residences on the subject property, it was determined that
the project was exempt from SEPA review because the project was for four or less units and did not
require over 500 cubic yards of grading. The subject proposal to subdivide the subject property
into four townhouse lots is also exempt from SEPA review because it is not increasing the number
of units or the quantity of grading for the development.
F. Critical Areas Review
Critical Areas Review numbers: CRA -2005-0072.
Results of Critical Areas Reviews: The subject 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
Michel Construction, Inc.
4 -Lot Townhouse Subdivision
File No. S-2007-58
Page 7 of 8
One public comment letter was received during review of this proposal and is included as
Attachments 5, Paul Mills commented that there is not sufficient on-site parking for the proposed
residences and addressed concerns over increased traffic resulting from the development of the
subject property and the adjacent property to the south with a total of eight new units.
City Response: The subject property is located within the Multiple -Residential (RM -2.4) zone,
which allows a maximum of one dwelling unit per 2,400 square feet of site area. The four
townhouses on the subject property and four townhouses on the adjacent property to the north were
reviewed and approved under all applicable code sections, including the site development
standards of the RM -2.4 zone under ECDC 16.30 and the on-site parking requirements of ECDC
17.50. The subject application is only to create lot lines between the approved residential units in
order for them to be sold off individually as townhouses.
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 reconsideration or appeal should contact the Planning Division 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 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 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. Site Plan for Building Permit Nos. BLD -2006-0794 through BLD -2006-0801
5, Comment Letter from Paul Mills
VII. PARTIES OF RECORD
Engineering Division
Planning Division
Mr. Scott Schlumberger
Michel Construction, Inc.
7911 —212f" St. SW, #102
Edmonds, WA 98026
Mr. Paul Mills
8225 — 212" St. SW, #302
Edmonds, WA 98026
Michel Construction, Inc.
4 -Lot Townhouse Subdivision
File No. 5-2007-58
Page 8 of 8
city of edmonds
land use application -
ARCHITECTURAL DESIGN REVIEW FOR OFHCIAL USE ONLY
COMPREHENSIVE PLAN AMENDMENT ^y
CONDITIONAL USE PERMIT FILE �� 1.'Y ZONE �y"�/'L+••�
HOME OCCUPATION DATE REC'DBY_ ,r4V
FORMALSUBD[V[SION FEE ��{)f?' DO- RECEIPT
HORT SUBDFV[S[ON
LOT LINE ADiusTmENT HEARING DATE
PLANNED RESIDENTIAL DEVELOPMENT HE STAFF PB ADB CC
OFFICIAL STREET MAP AMENDK(ENT
STREET VACATION
REZONE
SHORELINE PERMIT
VARIANCE/ REASONABLE USE EXCEPTION
OTHER: /J
PROPERTY ADDRESS OR LOCATION � %f ` L� ��0
PROJECT NAME (IF APPLICABLE) }
PROPERTY OWNER �k%ck — -ftp PHONE #
ADDRESS C.Th 4(0-2— otj
E-MA[LADDRESS:i�f4(—Cf&4i Ei7.(�Qi+AX4,42S• +4a.,
TAX Acca[[N r # S�EC/ 3b TwP. Z RNG. def
DESCRIPTION OF PROJECTOR PROPOSED USE
APPLICANT C! PHONE #
ADDRESS
1i -MAIL ADDRESS 1 ' �' �r� �' PAX 9
CONTACT PERSON/AGENT ��U*k�j�ty�� PHONE -4
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E-MAIL ADDRESS 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, hislher/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 T am authorized to a this plicat' on th half the er as listed below �}
SIGNATURE OF APPLICANT/AGENT DATE
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 i pectto and posti atten o this pplication.
SIGNATURE OF OWNER DATE 7-16 V
This application form was revised on 1/27100. To verify whether it is still current, call (425) 771-0220.
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Attachment 4
RECEIVE,)
September 1, 2007 SFS Q 4 2007
I)EVELOPMENr SERVICES
City of Edmonds Development Service Department
1215 th Ave. North
Edmonds, WA. 98020
Dear Sirs,
Regarding File # S-07-58, Name of applicant, N ichel Construction, Inc.
4 S -O -f
Subject; Townhouse subdivision of one into four lots_
Two family homes were removed and now planned are eight family units squeezed in_ This will
add, on average, sixteen vehicles to an already congested 212th St. SW. The foundations, already
in place, show the cramped spacing, with no off street parking, beyond the small two car garages.
Street parking on 212th is not practical, parking on 82 d Pl_ W. is not adequate_
I have lived in the Solaire One Condominium at 8225 212th St. SW for 22 years. The number of
multifamily units built in the neighborhood in the past ten years have made increased vehicle
traffic a problem to exit and enter my driveway.
With a larger number of units being built just east on 212"', the congestion will rise further.
I am opposed to this construction-
Sincerely,
Paul Mills
8225 212" St. SW #302
Edmonds, WA. 98026
Attachment 5