Staff Response to Hearing Examiner Order.pdfCITY OF EDMONDS
121 5t" Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
,nC. 18`)\)
STAFF RESPONSE TO HEARING EXAMINER'S ORDER EXTENDING DEADLINE
Project: Jenkins Lane Five Lot Preliminary Plat
File Number: PLN20170028
Date: October 26, 2017
From:
en Machuga, ssociate Planner
I. INTRODUCTION
During the public hearing on Thursday, October 12, 2017 for the preliminary plat application
located at 720 13t" Way SW (File No. PLN20170028), the Hearing Examiner left the record
open in order for parties of record to provide additional comment regarding Exhibits 2 through
6. In response, the following items were provided to the Hearing Examiner on October 17,
2017:
• Email from Michael O'Neal, received 10/13/17 (suggested Exhibit 7)
• Email from Michael O'Neal, received 10/16/17 (suggested Exhibit 8)
• Email from Todd Echelbarger, received 10/17/17 (suggested Exhibit 9)
• Letter from Staff to Hearing Examiner, dated 10/17/17 (suggested Exhibit 10)
Following review of the above items, the Hearing Examiner issued an Order (suggested Exhibit
11) that extended the response deadline for staff and the applicant to October 26, 2017. The
extension was provided to allow for the submittal of documentation correcting a ten foot
discrepancy adjacent to the northern side of the subject site. As described in staff s October
17, 2017 letter to the Hearing Examiner, this ten foot discrepancy arose due to a change in
width of the required street dedication when the subject site was created via a subdivision (S-
50-79) in 1981.
In response, the applicant provided the following items on October 19, 2017:
• Applicant's cover letter, dated 10/18/17 (suggested Exhibit 12)
• Revised preliminary plat, dated 10/17/17 (suggested Exhibit 13)
• Revised preliminary development plans, dated 10/18/17 (suggested Exhibit 14)
The preliminary plat and development plans were updated in order to correctly indicate the
northern boundary of the subject site consistent with the legal description of the property
Page 1 of 3
(consistent with AFN 8108120198 and contained within Attachment 13 of Exhibit 1) and to
indicate the 10-foot street dedication that would in turn be required.
As discussed in the applicant's cover letter dated October 18, 2017, the preliminary
development plans were also revised in order to address some of the concerns raised by
Michael O'Neal. These revisions are summarized in the applicant's cover letter, but include a
shift in the clearing limits and construction fencing to be located to the north of the existing
fence running along the southern side of the site and to the north of the nine existing trees
located at the southeastern corner of the site.
II. FINDINGS OF FACT AND CONCLUSIONS
The majority of staff s analysis and conclusions contained within the initial staff report
(admitted as Exhibit 1 during the October 12, 2017 hearing) and as presented during the hearing
remains unchanged with the following exceptions:
Lot Area: The total parcel area stated within the staff report of 33,177 is equivalent to the parcel
area following the required 10-foot street dedication. The total parcel area including the area
of the proposed street dedication is currently 35,161 square feet. The areas of all five of the
proposed lots remain the same as what was initially indicated in the staff report.
Existing: The stand of approximately 16 evergreen trees that was stated as existing within
the City right-of-way adjacent to the northern side of the subject site are in fact located on the
subject property; however, these trees are located within the area of the proposed 10-foot street
dedication. Due to the required widening of 13th Way SW, these trees will likely need to be
removed as part of the development. The correction in the location of the northern property
line and required street dedication does not change how these trees will be impacted by the
proposed development. Regarding the existing trees at the southeastern corner of the site, the
applicant's cover letter dated October 18, 2017 and revised preliminary development plans
dated October 18, 2017 indicate that the applicant plans to retain all nine of the existing trees
near the southeastern corner of the site. The applicant is encouraged to retain all of these trees;
however, during development it may be found that one or more of these trees pose a hazard
and/or is located within the path of development. Thus, staff recommends retaining the
recommended condition of approval related to tree retention/removal as written (recommended
condition 4.a.iii within Exhibit 1).
En ing eering Division Requirements: The Engineering Division has provided a revised
memorandum and revised Engineering Requirements. The memorandum and Engineering
Requirements have an initial date of October 5, 2017, but were revised on October 23, 2017
(suggested Exhibit 15). The only change made to the memorandum and requirements was to
include the required 10-foot street dedication and to reflect the fact that the row of trees
adjacent to the northern side of the site are not currently located within City right-of-way, but
within the area of the required street dedication. Staff s recommended conditions of approval
#4.a.i and Ta refer to the Engineering Division conditions contained within Attachment 21 of
Exhibit 1; however, these conditions are replaced by the revised conditions contained within
the Engineering Division memorandum and Engineering Requirements (revision date of
October 23, 2017). Staff recommends retaining both conditions referencing the Engineering
Requirements, but updating these conditions to reference the revised Engineering
Requirements (suggested Exhibit 15).
PLN20170028 — Jenkins Lane Plat —Staffs October 26, 2017 Response Page 2 of 3
Street Dedication: Any references within the staff report (Exhibit 1) stating that no street
dedication is required are not correct. A ten -foot street dedication is required per the revised
Engineering Requirements (revised date of October 23, 2017, suggested Exhibit 15). As stated
in the applicant's cover letter dated October 18, 2017, the end result following the 10-foot street
dedication would cause the northern boundary of the subject site to be located in the same
location as what had initially been indicated on the preliminary plans. Thus, the effective result
does not cause any changes to the dimensions or areas of the five proposed lots.
III. STAFF'S RECOMMENDATION TO HEARING EXAMINER
Staff recommends the Hearing Examiner approve the application for a five -lot plat on the
property located at 720 13th Way SW subject to the same conditions as written in the staff
report (Exhibit 1) with the exception that recommended conditions #4.a.i and Ta should be
revised to reference the revised Engineering Division memorandum and Engineering
Requirements (revision date of October 23, 2017, suggested Exhibit 15).
PLN20170028 — Jenkins Lane Plat —Staffs October 26, 2017 Response Page 3 of 3