S-08-24 Staff Report.pdf
CITY OF EDMONDS
121 - 5TH AVENUE NORTH, EDMONDS, WA 98020
PLANNING DIVISION
FINDINGS, CONCLUSIONS, AND DECISION
To:
File S-2008-24
From
:
Mike Clugston, AICP
Planner
Date:
August 28, 2008
File:
S-2008-24
Applicant:
Paul Tomlin
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.............................................................................................................6
B.Appeals.............................................................................................................................................6
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......................................................................................................7
Tomlin Short Plat
File No. S-08-24
Page 2 of 7
I.INTRODUCTION
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The applicant is proposing to subdivide one lot addressed as 7530 184 Place SW into two 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. The proposed lot layout is shown on the subdivision map (Attachment 2). The southern
edge of the parcel abuts the City of Lynnwood right-of-way along Olympic View Drive.
This subdivision had received preliminary plat approval in 2003; however, the preliminary approval expired
because the applicant did not receive final plat approval and file the final plat with Snohomish County within
the required five years. The applicants intent is to simply subdivide the parcel but not fully develop the
newly created lot. Nonetheless, the burden is on the applicant to prove that the newly created lot is buildable
under current code requirements.
A.Application
1.Applicant: Paul Tomlin
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2.Site Location: 7530 184 Place
SW
3.Request: To divide one lot with
a total area of approximately
28,693 square feet into two 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
City of Lynnwood
Community Development
Code (ECDC) Chapter
16.20, single family
residential development
standards.
City of Edmonds Zoning Map, May 1, 2008
b.Compliance with ECDC
Title 18, public works requirements.
c.Compliance with ECDC Chapter 20.75, subdivision requirements.
d.Compliance with ECDC Chapter 20.95, staff review requirements.
e.Compliance with ECDC Chapter 23.40, critical areas requirements.
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.Because slopes on the site exceed 25%, no trees may be removed without an approved
tree cutting and replanting plan pursuant to ECDC 18.45. The applicant must either
pursue a separate tree cutting permit or include a tree cutting and replanting plan with the
residential building permit.
2.A new geotechnical report must be submitted with any future building permit for
residential development on Lot 2.
3.The applicant shall work with the City of Lynnwood to obtain the necessary approvals for
a new driveway access onto Olympic View Drive and associated improvements.
4.Prior to recording, the applicant must complete the following requirements:
Tomlin Short Plat
File No. S-08-24
Page 3 of 7
a)Civil plans must be approved by the City of Edmonds and a bond must be posted for
their completion. In completing the civil plans, the applicant must address the
Engineering Division conditions listed Required as a Condition of Subdivision on
Attachment 4.
b)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-
2008-24 in the City of Edmonds Planning Division.
(2)Include on the plat all required information, including owners certification,
hold harmless agreement, staffs 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.
c)Make sure all documents to be recorded meet the Snohomish County Auditors
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 Divisions approval. Once approved, the applicant must record the
documents with Snohomish County Auditors office.
e)Submit an updated copy of the title report with the documents proposed to be
recorded.
5.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 be
complete until this is done.
b)Complete the Engineering Division conditions listed Required as a Condition of
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 7530 184 Place SW is located in the Single-Family Residential (RS-
8) zone. It is surrounded on the north and east by residentially-zoned and developed parcels.
Directly to the west is Perrinville, a small commercial area where parcels are zoned for and
developed with business uses. Across Olympic View Drive to the south is the City of
Lynnwood and several unincorporated Snohomish County parcels. The City of Lynnwood
parcels are part of Lynndale Park and the unincorporated parcels are developed with business
and commercial uses associated with the Perrinville area.
b.Topography and Vegetation:
The proposed location of the new lot is steep with grades in excess of 40%. The existing
house on the parcel sits up on a plateau above Olympic View Drive. The parcel falls steeply
off to the south to Olympic View Drive. There are a number of larger deciduous and
evergreen trees on the steeper portion of the slope. There is also a small, somewhat more
level bench toward the southern end of the parcel near Olympic View Drive that is less
vegetated where a possible home site is proposed.
c.Lot Layout:
The proposed lot layout is shown on the preliminary plat map (Attachment 2). All existing
structures will remain on proposed Lot 1. Lot 2 would be the newly created lot on the
southern portion of the parcel adjacent to Olympic View Drive. Lot 2 would take access
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from Olympic View while Lot 1 will retain access on 184 Place SW.
Tomlin Short Plat
File No. S-08-24
Page 4 of 7
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. A tree removal and replanting plan shall be required due to
the presence of critical areas (slope) on the site.
b.Due to the steepness of proposed Lot 2, significant grading may be required in order to
develop a single family residence on the parcel. If grading exceeds 500 cubic yards during
the entire process of development of the lot including installation of civil improvements and
construction of a residence, a SEPA determination will be required.
c.The site is not located in an identified flood plain nor within the North Edmonds Earth
Subsidence and Landslide Hazard Area. However, other potentially hazardous conditions
exist onsite including slopes with a grade in excess of 40%.
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 onsite detention system.
e. Views in this location are local. It does not appear that they will be negatively impacted by
this proposal.
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 two 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
Lot 1 8,000 16,693 16,693
Lot 2 8,000 12,000 12,000
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) from the north property line
Side Setback (7.5 feet) from the east and west property lines
Rear Setback (15 feet) from the south property line
Lot 2: Street Setback (25 feet) from the south property line
Side Setback (7.5 feet) from the east and west property lines
Rear Setback (15 feet) from the north property line
Existing Structures / Encroachments: All existing structures will remain on Lot 1. There are
no existing structures on proposed Lot 2.
b.Corner Lots: Neither lot is a corner lot.
Tomlin Short Plat
File No. S-08-24
Page 5 of 7
c.Flag or Interior lot determination: Neither lot is a flag lot.
d.Lot Coverage of Existing Buildings on Proposed Lots:
When subdivided, Lot 1 will have an approximately coverage of 15% since all existing
structures are remaining on that parcel. Lot 2 will have zero coverage. Structural lot
coverage cannot exceed 35% on any single family residential lot.
Dedications
5.
a.Due to planned improvements in the area of Olympic View Drive, the City of Lynnwood is
requiring a 5 right-of-way dedication as part of this subdivision. No other dedications or in-
lieu fees are required.
Improvements
6.
a.See City of Edmonds Engineering Requirements (Attachment 4) and the City of Lynnwoods
letter regarding their engineering requirements (Attachment 5).
Flood Plain Management
7.
a.As mentioned above, 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 dividing
a fairly large lot and creating two smaller parcels. An existing house will be retained and the new
parcel will be able to support the construction of a new single family home thereby increasing the
amount of available housing within the City. The development of the new lot must be done in
accordance with applicable geotechnical and arboricultural best management practices that meet
current code requirements.
Tomlin Short Plat
File No. S-08-24
Page 6 of 7
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? Not at this time. However, if more
than 500 cubic yards of grading is anticipated during the development of Lot 2, an Environmental
Checklist will be required and the City will issue an Environmental Determination.
F.Critical Areas Review
1.Critical Areas Review number: CA-2001-0072.
Results of Critical Areas Review: The property contains a geologically hazardous area as
defined by ECDC 23.40 and 23.80. During the original review of this subdivision in 2002,
several geotechnical reports were submitted as was an application for steep slope exemption
which was required at that time to develop steeper parcels. These reports, and the materials in
support of the exemption, were reviewed and approved by the Citys geotechnical consultant.
The steep slope exemption was granted in 2002 and the subdivision was subsequently approved in
early 2003.
Since the Critical Areas Code was updated in 2005, however, the geotechnical information had to
be reanalyzed and resubmitted in light of the updated code. The updated geotechnical report
submitted (Attachment 6) satisfies the requirements of the updated code, specifically Chapter
23.80. However, because the applicant is proposing to sell the newly created lot rather than
develop it at this time, a new development-specific geotechnical report will be required with the
building permit for a single family residence.
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
Tomlin Short Plat
File No. S-08-24
Page 7 of 7
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 Assessors Office.
VI.APPENDICES
Attachments:
1.Land Use Application
2.Preliminary Plat Map
3.Preliminary Development Plan
4.City of Edmonds Engineering Requirements
5.City of Lynnwood Engineering Comment Letter, dated May 29, 2008
6.Geotechnical report from Dennis Bruce, P.E., dated July 10, 2008
VII.PARTIES OF RECORD
Planning Division
Paul Tomlin
th
7530 184 Place SW
Edmonds, WA 98026
Engineering Division
Arnold Kay, PE
Development Services Supervisor
City of Lynnwood
PO Box 5008
Lynnwood, WA 98046