S-08-06 Complete But Need More Info - 2nd Notice.pdf
July 16, 2008
Mr. Barry Constant
Western Engineers, Inc.
13000 Highway 99 South
Everett, WA 98024
Subject: EXPIRATION WARNING FOR SHORT PLAT APPLICATION
FILE NO. S-2008-06
Dear Mr. Constant:
You have submitted an application for a short subdivision for the property at 808 Daley Street (File No. S-
2008-06). On March 20, 2008, I sent a letter to you requesting additional information before staff could
continue reviewing your application. I have not yet received a response. This is a courtesy letter to remind
you to submit the requested items so that we can continue to review your application. Pursuant to ECDC
Please
20.90.010.D.4, an application that is not acted on by the applicant for six months will expire.
submit the specified information by September 20, 2008.
If we do not receive a response from you
prior to this date, your application will be rejected pursuant to ECDC 20.90.010.D.4. The required
information from my March 20, 2008 letter is included below for your convenience:
1.Your preliminary short plat plans indicate a proposed 5 foot access easement; however, it appears
that the arrows pointing to the easement are in the wrong location and it is unclear where the
boundaries of the easement are. Please clarify the location of this easement and provide its size.
2.The RS-6 zone requires a minimum lot size of 6,000 net square feet. Net area is defined as gross
lot area excluding the area of any existing and/or proposed vehicular access easements. For
example, the area of the proposed 5 foot access easement should be deducted from the gross area
of Lot 1, and the area of the existing easement on the northeastern corner of the subject property
should be deducted from the gross area of Lot 2. Please provide gross and net lot areas of both
proposed lots in order to confirm that the net areas of both lots would meet the minimum required
6,000 square feet.
3.The RS-6 zone requires a minimum lot width of 60 feet. Proposed Lot 1 is shown on the
preliminary plans as being 60 feet wide; however, proposed Lot 2 is shown as being 59.9 feet in
width and the City’s code requirements do not allow for rounding this number up to 60 feet.
Therefore, please either adjust the location of the proposed property line so that both lots meet the
60 foot lot width requirement or submit for a modification request to reduce the required lot width
for Lot 2 to 59.9 feet. Refer to our short subdivision handout for instructions on how to apply for
a modification request and for the review criteria, which it appears that you will have justification
for meeting. Note that if you choose to apply for a modification request, a $560 fee will also be
required.
4.Based on the survey submitted with your application, it appears that the subject property contains
a slope that is steep enough to be considered a Landslide Hazard Area as defined by ECDC 23.80.
Although the property’s critical areas determination was changed to “Study Complete” in 2004,
the City’s critical areas code was updated in 2005, which changed the definition of a Landslide
Hazard Area and now encompasses the subject property. Therefore, the subject property is
regulated by the critical areas requirements of ECDC 23.40 and 23.80. Please submit a report by
a qualified geotechnical engineer supporting the proposed short plat and meeting the report
requirements of 23.40 and 23.80.
5.When the City’s critical areas code was updated in 2005, the minimum required stream buffers
were increased. Shell Creek runs across the adjacent properties to the south of the subject
property. Based on City information, it appears that the portion of Shell Creek adjacent to the
subject property is anadromous fishbearing adjacent to reaches with anadromous fish access,
which ECDC 23.90.040.D.1 requires a 100’ buffer plus a 15’ critical areas setback from. Please
provide the location of Shell Creek on the preliminary plans. Additionally, please do one of the
following: a) Show that a residence would be able to be reasonably placed on proposed Lot 1
meeting the minimum required 115’ (100’ buffer plus 15’ setback) from the stream, OR b) Submit
a report by a qualified biologist meeting the requirements of ECDC 23.40 and 23.90 that shows
that this portion of Shell Creek is a stream type that would require a smaller buffer and/or have
your biologist prepare a proposal for reducing the required stream buffer width pursuant to ECDC
23.90.040.D.2.
6.Your grading plan and SEPA checklist show a large quantity of proposed grading. Please note
that the subdivision must be reviewed for compliance with the City’s Comprehensive Plan, which
includes policies for minimizing grading and avoiding substantial alterations to the existing
topography. Please note that your subdivision may be conditioned to reduce the proposed
grading. In particular, staff discourages the proposed grading shown on the southern portion of
proposed Lot 1 since this grading is within the stream buffer and would require removal of the
existing trees. It appears that if the degree of grading is reduced, particularly along the southern
portion of the property, it is possible that SEPA review may not be required. Therefore, staff
recommends altering your proposed grading at this time to ensure compliance with the City’s
policies and to avoid potential conditions of approval limiting grading on the site. Additionally, if
the proposed grading for the short plat improvements is limited to below 500 cubic yards, SEPA
review will not be required at this time. Please clarify how much grading is proposed for the short
plat improvements. If grading for the plat improvements is proposed to exceed 500 cubic yards,
please submit the required $420 SEPA review fee.
7.Your preliminary plans show proposed retaining walls near the eastern and western property lines
of proposed Lot 1 and near the northern property line of proposed Lot 2. Note that retaining walls
may not exceed 3’ in height over original grade where located within the minimum required
setbacks. You do not need to respond to this item, but please keep in mind that at the time of
review of your proposed retaining walls, you must show that the portions within the minimum
required setbacks do not exceed 3’ in height over original grade.
Staff will be unable to continue processing your application until responses to the above items are received.
Please submit a response by September 20, 2008 to avoid expiration of your application.
If you have any questions, feel free to contact me at (425) 771-0220, extension 1224.
Sincerely,
Development Services Department - Planning Division
Jen Machuga
Planner
Cc: File No. S-2008-06
Mr. Boyd Lybeck
th
16430 – 6 Ave. W, #A
Lynnwood, WA 98036