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S-07-71 Staff Report.pdf CITY OF EDMONDS 121 - 5TH AVENUE NORTH, EDMONDS, WA 98020 PLANNING DIVISION FINDINGS, CONCLUSIONS, AND DECISION To: File S-2007-71 From : Mike Clugston, Planner Date: January 10, 2008 File: S-2007-71 Applicant: Virgil Zanidache 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...............................................................5 E.Environmental Assessment................................................................................................................5 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..................................................................................6 IV. LAPSE OF APPROVAL.....................................................................................................6 V. NOTICE TO COUNTY ASSESSOR..................................................................................6 VI. APPENDICES.....................................................................................................................7 VII. PARTIES OF RECORD......................................................................................................7 Virgil Zanidache Short Plat File No. S-07-71 Page 2 of 7 I.INTRODUCTION th The applicant is proposing to subdivide one lot addressed as 7804 – 218 Street SW into four lots (Attachment 1). The site is located in a Single-Family Residential (RS-8) zone that allows lots with a minimum area of 8,000 square feet (Attachment 2). The proposed lot layout is shown on the subdivision map (Attachment 3). All existing structures are proposed to be removed. A.Application 1.Applicant: Virgil Zanidache th 2.Site Location: 7804 – 218 Street SW 3.Request: To divide one lot with a total area of approximately 38,398 square feet into four lots in a Single-Family Residential (RS-8) zone. 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. In completing the civil plans, the applicant must address the Engineering Division conditions listed “Required Prior to Recording” on Attachment 4. b)Remove all existing structures from the subject property. Demolition permits from the Building Division must be received prior to removal of the existing structures. 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 No. S- 2007-71 in the City of Edmonds Planning Division.” (2)Include on the plat all required information, including owner’s certification, hold harmless agreement, staff’s approval block, a declaration of short plat, and dedications and maintenance provisions, as appropriate. (3)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.” d)Make sure all documents to be recorded meet the Snohomish County Auditor’s requirements for recording, including all signatures in black ink. Virgil Zanidache Short Plat File No. S-07-71 Page 3 of 7 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: th The subject property at 7804 – 218 Street SW is located in the Single-Family Residential (RS-8) zone. It is surrounded by similarly zoned and developed lots except to the north where the zoning is Multi-family Residential (RM 2.4) which is developed as such. b.Topography and Vegetation: The subject site is fairly flat. Vegetation on the parcel consists of typical urban-residential landscaping, including grass, trees, and shrubs as well as a stand of larger evergreens on the north property line and several singles. c.Lot Layout: The proposed lot layout is shown on the preliminary plat map (Attachment 3). All existing structures will be removed. All four proposed lots will be accessed via a shared 4,631 square th foot access tract which intersects with 218 Street SW. 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. Most of the trees on the parcel are located in areas that would be impacted by future development 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 is not anticipated to 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 Division when a building permit is applied for on this site. Any proposed development on the site must be designed to meet current code and minimize off-site drainage impacts. All new impervious surfaces must be connected to an on-site detention system. Views in this location are local. It does not appear that they will be negatively impacted by this proposal. Virgil Zanidache Short Plat File No. S-07-71 Page 4 of 7 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: Required Proposed Proposed Lot Area Gross sq. ft Net sq. ft 8,000 8,075 8,075 Lot 1 8,000 8,374 8,374 Lot 2 8,000 8,043 8,043 Lot 3 8,000 9,275 9,275 Lot 4 Note that the City deducts access easements from total lot area. Because Tract A is a shared access road 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: Lot 1: Street Setback (25 feet) along north property line Side Setback (7.5 feet) on east and west property lines Rear Setback (15 feet) along south property line Lot 2: All side setbacks (7.5 feet) Lot 3: All side setbacks (7.5 feet) Lot 4: All side setbacks (7.5 feet) Existing Structures / Encroachments: All existing structures will be removed. b.Corner Lots: None of the proposed lots are considered corner lots. c.Flag or Interior lot determination: Lots 2, 3 and 4 are flag lots. All setbacks are adjusted to be 7.5’ side setbacks. d.Lot Coverage of Existing Buildings on Proposed Lots: When all the current structures are removed, there will be zero lot coverage. Any future buildings or structures will be allowed to cover no more than 35% of each lot. Dedications 5. a.No dedications were required as part of this subdivision. Improvements 6. a.See Engineering Requirements (Attachment 4). Virgil Zanidache Short Plat File No. S-07-71 Page 5 of 7 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 two existing houses and two mobile homes on a fairly large lot and creating four smaller individual parcels. Each of the new parcels will be able to support the construction of a new single family home thereby maintaining 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. 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 Virgil Zanidache Short Plat File No. S-07-71 Page 6 of 7 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 necessary, 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-2007-0115. 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 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 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 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. Virgil Zanidache Short Plat File No. S-07-71 Page 7 of 7 VI.APPENDICES Attachments: 1.Land Use Application 2.Vicinity / Zoning Map 3.Preliminary Plat Map 4.Engineering Requirements VII.PARTIES OF RECORD Planning Division Virgil Zanidache th 5015 244 Street SW Mountlake Terrace, WA 98043 Engineering Division Jeffrey Trieber Lovell-Sauerland & Associates, Inc. rd 19400 33 Avenue West, Suite 200 Lynnwood, WA 98036