PLN2020-0033 Staff Report'12C. 18ym
CITY OF EDMONDS
121 5ch Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
PLANNING DIVISION PRELIMINARY SHORT SUBDIVISION REVIEW
FINDINGS, CONCLUSIONS, & DECISION
Project: Select Homes Walnut Street Four -Lot Short Subdivision
File Number: PLN2020-0033
Date of Report
Reviewed By:
December 11, 2020
Kernen Lien, Environmental Programs Manager
Applicant: Select Homes Inc.
I. INTRODUCTION
The applicant is proposing to subdivide a 33,779 square foot property located at 1012 Walnut
Street SW into four lots (Attachments 1- 2, 4-5). The application also includes a modification
request to reduce setbacks on the proposed Lot 3 from Cedar Street from 20 feet to 10 feet and
the corresponding rear setback from 10 feet to five feet (Attachment 3). The site is located within
the RS-6 (single-family residential; 6,000 minimum lot size) zone (Attachment 8). The existing
single family residence located on the property will be demolished and the proposed subdivision
would allow for the development of four new single-family residences on the newly created lots.
The proposed lot layout is shown on the preliminary short subdivision plans (Attachment 4) and
preliminary development plans (Attachment 5).
A. Application
1. Owner/Applicant: Select Homes, Inc.
2. Site Location: 1012 Walnut Street, Edmonds, WA (Tax Parcels 00434203500400,
27032500100500,and 00434203500101)
3. Request: To divide a property with a total area of 33,779 square feet into four lots in the
RS-6 zone.
4. Review Process: Short subdivisions are Type II decisions pursuant to ECDC 20.01.003.
Following a public comment period, the Director (or designee) makes an administrative
decision. Pursuant to ECDC 20.75.075, modification requests shall be considered in the
same manner as the proposed subdivision. Since short subdivision applications are Type
II decisions, the modification request with this short subdivision is also a Type II decision.
B. Attachments:
1. Land Use Application
2. Applicant Cover Letter
3. Modification Request Application
4. Preliminary Short Subdivision Plan
5. Preliminary Development Plans
6. Preliminary Stormwater Report
7. Edmonds Utilities Consortium Form
8. Zoning and Vicinity Map
9. Critical Area Determination CRA2020-0076
10. South County Fire Comments
11. Engineering Memorandum of Compliance and Conditions of Development
12. Public Notice Documentation — Notice of Application
13. Public Notice Documentation — Amended Notice of Application
14. Cedar Street Survey
15. Initial Short Subdivision Layout
16. Kevin and Barbara Harris 07.09.20 Letter
17. Christien Miller 07.13.20 Email
18. Ken Reidy and Janet Henry 07.14.20 Email
19. Greg Bumpus 07.19.20 Email
20. Janet Henry 09.02.20 Email
21. Kevin and Barbara Harris 10.13.20 Letter
22. Ken Reidy 10.16.20 Email
II. FINDINGS OF FACT AND CONCLUSIONS
A. Setting:
This site is located in a single-family neighborhood between 91" Avenue South and Yost Park
(Attachment 8). The subject property and all adjacent sites are zoned is Single -Family
Residential (RS-6). The property and all the new lots will be accessed via a private tract that
connects the site to Walnut Street (Attachment 4). Three additional lots just east of the
subject site also use the private tract to access Walnut Street. The Cedar Street right-of-way
abuts the west side of the property. The Cedar Street right-of-way contains a number of
obstructions including cedar trees located in the middle of the right-of-way. In order to avoid
impact to the cedar trees and neighborhood along that section of Cedar Street, access to the
site will be solely through the private access tract connecting to Walnut Street.
B. Topography and Vegetation:
Refer to the preliminary short subdivision and development plans (Attachments 4 and 5) for
a depiction of the existing conditions on the site, including the topography of the site and
locations of existing trees. The subject property is relatively level and there are approximately
67 trees scattered throughout the property.
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C. Environmental Assessment
Critical Area: During review and inspection of the subject site in June 2020 under File No.
CRA2020-0076, it was found that no critical areas are located on or adjacent to the subject
property (Attachment 9).
2. Shoreline: The subject property is not located within shoreline jurisdiction.
3. SEPA: Review under the State Environmental Policy Act (SEPA) is not required for a short
subdivision pursuant to WAC 197-11-800(6)(d) - Land use decisions.
D. Comments
1. Departmental Comment:
This proposal was reviewed by South County Fire and the City of Edmonds' Building and
Engineering Divisions.
The Building Division did not have any comments on the proposal.
South County Fire provided comments noting that:
• Due to the length of the private drive, all homes will require fire sprinklers and a
13D flow through is recommended.
• Separate permits will be required for fire sprinklers
• The street hydrant one block west will require a 4" Storz fitting be installed
The Engineering Division has reviewed the preliminary short subdivision application and
found the information provided indicates general engineering feasibility. As part of the
review of the preliminary short subdivision, requirements regarding development of the
adjacent public infrastructure were determined. See Engineering's comments in
Attachment 11. Project -specific design, including final utility system design and location,
as well as Title 18 Edmonds Community Development Code compliance, will be reviewed
during the civil construction phase of this project. The proposed subdivision is subject to
the Engineering Requirements for the short subdivision included in Attachment 11. The
Engineering Division also noted support of the modification request due the public benefit
provided in not disturbing the existing conditions on Cedar Street.
2. Public Notice:
Chapter 20.03 ECDC provides the City's regulations for public notice of development
applications. A "Notice of Application" dated June 30, 2020 with a comment period
running through July 14, 2020 was posted at the subject site on June 30, 2020 and mailed
to property owners within 300 feet of the site. The Notice of Application was also
published in the Herald Newspaper June 30, 2020. Documentation of compliance with
the public notice requirements associated with the Notice of Application is included as
Attachment 12.
After the initial Notice of Application was issued, the application was revised in response
to comments and the revised application included a modification request to provide for
reduced setbacks on one of the lots. An Amended Notice of Application which included
notice of modification request was posted at the subject site, Public Safety Complex and
the Development Services Department October 2, 2020. The Amended Notice of
Application was mailed to property owners within 300 feet of the site and parties of
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recorded who submitted comments during the original Notice of Application comment
period and published in the Everett Herald on October 2, 2020. Documentation of
compliance with the public notice requirements associated with the Amended Notice of
Application is included as Attachment 13.
The City has complied with the public notice requirements of Chapter 20.03 ECDC.
3. Public Comments:
There were several comment letters that were submitted to the City of Edmonds
regarding the subject application. These comments are provided in Attachments 16 — 22.
The issues raised are summarized and responded to below.
Cedar Street: Several comments expressed concerns about impacts from the project
taking access from Cedar Street
Staff Response: The original proposal included access to two lots from Cedar Street. In
response to these comments, the application was redesigned so that all access for the
development will be from Walnut Street and there will be no vehicular access to Cedar
Street. The redesigned project with the modification request eliminates all the
potential impacts the project would have on Cedar Street.
Stormwater and Utilities: Concerns were expressed about how stormwater drainage
associated with the project may impact surrounding properties.
Staff Response: The existing 0.68-acre parcel contains one home, which was built in
1933. Stormwater management codes did not exist at that time and therefore
stormwater ran across and into the ground as allowed to occur naturally. Consistent
with Edmonds Community Development Code Chapter 18.30, stormwater
management systems will be designed to manage stormwater runoff on the property
meeting specific design standards and according to on -site soil types. The specific site
design should improve stormwater impacts experienced in the area. Stormwater
management will also be required consistent with City codes for expansion/widening
of the existing access tract off Walnut Street. The current proposal includes an
additional infiltration trench, but design details will be fully determined during the civil
construction plan review phase of the project.
An additional comment was received concerning the proposed sewer utility system and
corrections that may be needed to an existing storm system. It shall be noted that
sewer and storm facilities are separate systems and flows do not connect between the
two. Existing utility systems that are proposed to be used by the developer will be
reviewed with the civil construction phase of the project for compliance with City
standards. The storm flows along the shared access road will also be reviewed to ensure
flows are managed consistent with City standards. If existing infrastructure is utilized,
it will be confirmed that it is functioning properly.
Development Disturbance: There were several comments related to potential
development disturbances when the site is developed including concerns related to
asbestos abatement, property damage, access issues, mailboxes, noise, dust, and pest
disturbance.
Staff Response: Construction activity that intermittently disrupts access to properties
will be coordinated between the property owners and the developer. For utility trench
work, the developer will be required to have steel subdivisiones on site so emergency
access to or from private property and the public street can be maintained.
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Demolition permits will be required for the existing structures and pool and demolition
will be required to follow all regulations regarding asbestos abatement.
Best management practices will be implemented during construction to mitigate issues
related to dust and the development must comply with the City's noise abatement and
control standards in Chapter 5.30 ECC.
Care will be taken during construction to avoid damage to adjacent property. Should
improvements on adjacent property or fences be damaged as a result of construction
activities, the developer will repair or replace as needed.
Mailboxes impacted by the road widening will be re -located accordingly.
A condition of approval is added regarding pest inspection prior to site development.
Trees: Comments were received regarding protecting trees on the subject property as
well as requests to remove and protect specific trees.
Staff Response: The City promotes the retention of as many trees as practicable and
encourages the location of building areas with the goal of retaining as many of the trees
as possible. For the purposes of the subdivision, tree retention will be reviewed with
the civil improvement plans with the subdivision. A condition of preliminary approval
is that any tree cutting that is not a hazardous situation and/or not necessary as part of
the subdivision improvements shall be reviewed at the time of building permit
application review. Any trees retained should be protected during development in
accordance with the performance standards in ECDC 18.45.050.H. Any tree cutting on
the site is subject to the requirements of Chapter 18.45 ECDC, or as amended. A
condition to this effect has been added as a condition of approval
Backyard Access: A comment was received from one of the neighbors regarding current
access to their back yard from the 10th Avenue South right-of-way across a portion of the
subject site.
Staff Response: The developer indicated that have reached out to this neighbor will be
providing an access easement so they may continue accessing their backyard from 10th
Avenue South.
Code Questions: Several comments were made to reference various sections of city code.
Many of these were related to Cedar Street which is no longer proposed for access. One
comment noted ECDC 20.75.040.0 contains an incorrect reference to another code
section. ECDC 20.75.040.0 references ECDC 20.75.050 where the correct reference is
ECDC 20.75.060.
Staff Response: This staff report contains a detailed analysis of how the proposed
subdivision complies with the applicable code requirements of the Edmonds
Community Development Code and the attachments to this staff report include the
required submittals associated with this code that are necessary for preliminary review
of short subdivisions. Regarding the incorrect code reference in ECDC 20.75.040.C, this
error does not impact the review criteria of the proposed subdivision and it is easily
discernable what the correct code reference should be, as was noted by the
commentor. A particular concern with the incorrect reference was whether the
location of trees greater the eight inches were identified on the plan. See Attachment
4, Sheet 2 of 2 for the location of trees on the subject property.
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E. ECDC 20.75.080 General Findings
A proposed subdivision may only be approved if all the general findings listed in ECDC
20.75.080 can be made for the proposal as approved or as conditionally approved. Staff's
findings in regard to ECDC 20.75.080 are detailed below.
1. Subdivision Ordinance. The proposal is consistent the purposes of this chapter (as listed
in ECDC 20.75.020) and meets all requirements of this chapter.
As conditioned, the proposed four lot subdivision is consistent with ECDC 20.75.020 and
all the requirements of Chapter 20.75 ECDC. The proposed subdivision will not negatively
impact public health, safety or general welfare, will not negatively impact congestion on
streets and highways, will have adequate access to water, utilities, sewerage, storm
drainage and will provide proper ingress and egress as well as be uniformly monumented.
2. Comprehensive Plan. The proposal is consistent with the provisions of the Edmonds
Comprehensive Plan, or other adopted city policy, and is in the public interest.
The subject site is located within the "Single Family Urban 1" designation of the
Comprehensive Plan. The Comprehensive Plan has the following stated goals and policies
for Residential Development that apply to this project.
Residential Development
A. 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, social, aesthetic and
environmental considerations.
A. 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.
A.3. Minimize encroachment on view of existing homes by new construction
or additions to existing structures.
A.4. Support retention and rehabilitation of older housing within Edmonds
whenever it is economically feasible.
A.S. Protect residential areas from incompatible land uses through the careful
control of other types of development and expansion based upon the
following principles:
A.S.d. Private property must be protected from adverse environmental
impacts of development including noise, drainage, traffic, slides,
etc.
A.6. Require that new residential development be compatible with the natural
constraints of slopes, soils, geology, drainage, vegetation and habitat.
Compliance with the Residential Development goals and policies: The subdivision will
allow for the construction of four new single-family houses. Traffic impact fees consistent
with Chapter 3.36 ECDC will be collected with building permit to mitigate traffic impacts.
The proposal should not cause any adverse impacts and appears to be consistent with the
residential development goals and policies of the Comprehensive Plan.
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Vegetation and Wildlife
A. Goal. The city should ensure that its woodlands, marshes and other areas
containing natural vegetation are preserved, in accordance with the following
policies:
A.1 Critical areas will be designated and protected using the best available
science (BAS).
A.2. The removal of trees should be minimized particularly when they are
located on steep slopes or hazardous soils. Subdivision layouts, buildings
and roads should be designed so that existing trees are preserved.
A.3. Trees that are diseased, damaged, or unstable should be removed.
A.4. Grading should be restricted to building pads and roads only. Vegetation
outside these areas should be preserved.
Compliance with Vegetation and Wildlife goals and policies: For the purposes of the
subdivision, tree retention will be reviewed with the civil improvement plans with the
subdivision. A condition of preliminary approval is that any tree cutting that is not a
hazardous situation and/or not necessary as part of the subdivision improvements shall
be reviewed at the time of building permit application review. Any trees retained should
be protected during development in accordance with the performance standards in ECDC
18.45.050.H. Any tree cutting on the site is subject to the requirements of Chapter 18.45
ECDC, or as amended.
Therefore, staff finds that the proposal is consistent with the Comprehensive Plan.
3. Zoning Ordinance. The proposal meets all requirements of the zoning ordinance, or a
modification has been approved as provided for in this chapter.
The subject property is in the RS-6 Single -Family Residential zone and is subject to the
requirements of Chapter 16.20 ECDC. Pursuant to ECDC 16.20.030 development
standards of the RS-6 zone are as follows:
Minimum Lot
Maximum
Minimum
Minimum
Minimum
Minimum
Zone
Area
Density'
Lot Width
Street
Side
Rear
Maximum
Maximum
Height
Coverage
(Sq. Ft.)
Setback
Setback
Setback
RS-6
6,000
7.3
60'
20'
S'
15'
25'
35%
' Density means "dwelling units per acre" determined by dividing the total lot area by the density allowed
by the underlying zoning; the number of lots or units permitted shall be rounded down to the nearest
whole number.
Minimum Lot Area: The subject site contains 32,779 square feet of lot area. The RS-6
zone requires a minimum net lot area of 6,000 square feet per lot. Proposed lot area is
as follows:
Proposed
Gross sq. ft.
Proposed
Net sq. ft.*
Lot 1
6,519
6,519
Lot 2
6,224
6,224
Lot 3
6,284
6,284
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Lot 4
6,447
6,447
Tract 998
5,520
0
Tract 999
1,786
0
*Note: Net lot area excludes the area of any vehicular ingress/egress easements. However,
no such easements are indicated with the proposal.
As proposed, all four of the lots exceed the minimum required net area of 6,000 square
feet per lot, which is compliant with the minimum lot area requirements. Tracts 998 and
99 is an access/utility tract not required to meet the minimum lot size requirements.
Density: With 32,779 square feet of total lot area, a total of five dwelling units could
potentially be developed on the subject property (0.75 acres = 7.3 dwelling units per acre).
With four lots proposed, the proposal is compliant with the density requirements.
Lot Width: Pursuant to ECDC 21.55.050, lot width is the minimum diameter of a lot width
circle that must fit within a lot (60 feet in this instance). A 60-foot diameter lot width
circle fits into each of the proposed lots; therefore, the proposal is consistent with the
minimum lot width requirement.
Corner Lots: None of the proposed lots would be considered a corner lot.
Flag Lots: Lot 1, 2 and 4 are flag lots with all side setbacks.
Setbacks: Based on the development standards for the RS-6 zone and with modification
for Lot 3, setbacks for the proposed lots should be as follows:
Lot 1: Side Setbacks (5 feet)
Lot 2: Side Setbacks (5 feet)
Lot 3: Street Setback (10 feet)
Side Setbacks (5 feet)
Rear Setback (5 feet)
Lot 4: Side Setbacks (5 feet)
From all property boundaries
From all property boundaries
From the western property line
From the northern and southern property lines
From the eastern property line.
From all property boundaries
The existing residence and garage and other outbuildings would not comply setbacks on
the new lots. The plans indicated these structures will be demolished. This has been
added as a condition of preliminary approval so the proposal will be compliant with
setbacks. The short subdivision application includes a modification request to adjust
setbacks for Lot 3 which is discussed in Section ILH of this staff report.
Compliance with setbacks for any new structure will be reviewed with the associated
building permit applications.
Lot Coverage of Existing Buildings on Proposed Lots: Pursuant to ECDC 16.20.030, the
maximum coverage of structures in the RS-6 zone is 35%. The structures residence will
be demolished and there will not be any structures any of the lots, so coverage after the
subdivision will be 0% on those lots. Coverage for all new development will be reviewed
with subsequent building permit applications on the new lots.
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Parking: ECDC 17.50.020 requires a minimum of two on -site parking spaces per single-
family dwelling. Parking will be reviewed with the subsequent building permit
applications.
Staff finds that with the conditions of approval and the modification request, the proposal
is consistent the zoning requirements for the RS-6 zone as contained in Chapter 16.20
ECDC.
4. Flood Plain Management. The proposal meets all requirements of the Edmonds
Community Development code relating to flood plain management.
The proposed project is not located within a designated flood plain management area.
F. ECDC 20.75.085 — Review Criteria. Pursuant to ECDC 20.75.085, the following criteria shall
be used to review proposed subdivisions:
1. Environmental.
a. Where environmental resources exist, such as trees, streams, ravines or wildlife
habitats, the proposal shall be designed to minimize significant adverse impacts to the
resources. Permanent restrictions may be imposed on the proposal to avoid impact.
The City promotes the retention of as many trees as practicable and encourages the
location of building areas with the goal of retaining as many of the trees as possible.
For the purposes of the subdivision, tree retention will be reviewed with the civil
improvement plans with the subdivision. A condition of preliminary approval is that
any tree cutting that is not a hazardous situation and/or not necessary as part of the
subdivision improvements shall be reviewed at the time of building permit application
review. Any trees retained should be protected during development in accordance
with the performance standards in ECDC 18.45.050.H. Any tree cutting on the site is
subject to the requirements of Chapter 18.45 ECDC, or as amended. A condition to
this effect has been added as a condition of approval.
With the conditions related to protection of existing trees, staff finds that the
proposed subdivision is consistent with this criterion.
b. The proposal shall be designed to minimize grading by using shared driveways and by
relating street, house site and lot placement to the existing topography.
The development will utilize a shared driveway and the site is relatively level which
will help minimize grading. The house site locations and lot placements are related
to the existing topography.
Therefore, staff finds that the proposed subdivision is consistent with this criterion.
c. Where conditions exist which could be hazardous to the future residents of the land
to be divided, or to nearby residents or property, such as flood plains, steep slopes or
unstable soil or geologic conditions, a subdivision of the hazardous land shall be
denied unless the condition can be permanently corrected, consistent with paragraphs
A(1) and (2) of this section (Section II.F.1.a and II.F.1.b of this staff report).
No known hazardous conditions, such as flood plains, steep slopes, or unstable soil or
geologic conditions exist at this site.
Therefore, staff finds that the proposed subdivision is consistent with this criterion.
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d. The proposal shall be designed to minimize off -site impacts on drainage, views and so
forth.
The proposed development must be designed to meet current code and minimize
stormwater impacts. Stormwater runoff from all new hard surfaces must be
mitigated as required by Chapter 18.30 ECDC and the Engineering Requirements in
Attachment 11. The maximum height for new houses in the RS-6 zone is 25 feet from
average original grade, which serves to minimize the negative impact to existingviews
in the vicinity. Aside from the height limits, the Edmonds Community Development
Code does not contain specific regulations regarding private view protection within
single-family zones.
Therefore, staff finds that the proposed subdivision is consistent with this criterion.
Z. Lot and Street Layout.
a. Lots shall be designed to contain a usable building area. If the building area would be
difficult to develop, the lot shall be redesigned or eliminated, unless special conditions
can be imposed on the approval which will ensure that the lot is developed properly.
The new proposed lots have been designed to accommodate single-family residences.
The entire site is relatively level so the new lots should not be difficult to develop.
Based on a review of the project and the analysis in this section, staff agrees that a
four -lot short subdivision may be developed consistent with this requirement.
Therefore, staff finds that the proposed subdivision is consistent with this criterion.
b. Lots shall not front on highways, arterials or collector streets unless there is no other
feasible access. Special access provisions, such as shared driveways, turnarounds or
frontage streets may be required to minimize traffic hazards
The subject property fronts on both Walnut Street and Cedar Street. Walnut Street
is a designated collector street, while Cedar Street is a local street. The developer's
original proposal included access to two lots from Walnut Street and two lots from
Cedar Street. Due to right-of-way and access constraints on Cedar Street, however,
all 4 lots will take access off Walnut Street through an existing private access
easement. The existing access easement serves the subject property and 3 other
single-family properties.
Staff finds that the proposed subdivision is consistent with this criterion.
c. Each lot shall meet the applicable dimensional requirements of the zoning ordinance.
The subject property is located within the RS-6 zone. Refer to Section II.E.3 of this
report for an analysis of the proposal's compliance with the applicable zoning
standards. All four of the proposed lots contain at least 6,000 net square feet and are
at least 60 feet in width and thus compliant with the dimensional requirements of the
RS-6 zone.
Therefore, staff finds that the proposed subdivision is consistent with this criterion.
d. Pedestrian walks or bicycle paths shall be provided to serve schools, parks, public
facilities, shorelines and streams where street access is not adequate.
Citywide efforts to provide safe transportation include enforcement of traffic
regulations, provision of crosswalk and sidewalks for pedestrians, and provision of
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well -designed streets for safe driving. Safety also involves ongoing coordination with
emergency service providers to ensure access for their emergency equipment.
Recommendations to address safety issues are based on assessment of historical
collision data, focused sub -area or corridor safety studies, or on citizen feedback.
The City of Edmonds applies a Walkway Prioritization Process provided in the
Transportation Element of the Comprehensive Plan in assessing where sidewalks
should be required or upgraded. Criteria has been developed to evaluate and
prioritize walkway improvement projects. These criteria (which include distance from
schools) are used to prioritize improvements to walkway sections that are identified
based on input from public meetings, Walkway Committee meetings, and deficiencies
determined from a review of the existing city walkway inventory. The criteria are
weighted according to their importance. A system of points evaluate each proposed
project against each criterion. The result is a weighted average score that helps to
compare and prioritize proposed projects. The City's policy is to consider these
criteria in conjunction with City code and the Sidewalk Comprehensive Plan Map in
determining sidewalk requirements for subdivisions.
Walnut Street is a collector street in the RS-6 zone. The Comprehensive Sidewalk Plan
map and the Edmonds Community Development Code both indicate sidewalks are
required along this section of Walnut Street. Sidewalks have already been established
on both sides of Walnut Street.
Therefore, staff finds that the proposed subdivision is consistent with this criterion.
3. Dedications
a. The city council may require dedication of land in the proposed subdivision for public
use.
b. Only the city council may approve a dedication of park land to satisfy the requirements
of ECDC 20.75.090. The council may request a review and written recommendation
from the planning advisory board.
c. Any approval of a subdivision shall be conditioned on appropriate dedication of land
for streets, including those on the official street map and the preliminary subdivision.
Per the City Engineering Division requirements (Attachment 11), no dedications are
required. See Section II.G below regarding the dedication of park land.
4. Improvements.
a. Improvements which may be required, but are not limited to, streets, curbs,
pedestrian walks and bicycle paths, sidewalks, street landscaping, water lines, sewage
systems, drainage systems and underground utilities.
b. The person or body approving a subdivision shall determine the improvements
necessary to meet the purposes and requirements of this chapter, and the
requirements of.•
i. ECDC Title 18, Public Works Requirements;
ii. Chapter 19.75, Fire Code, as to fire hydrants, water supply and access.
This determination shall be based on the recommendations of the community
development director, the public works director, and the fire chief.
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The subject proposal was reviewed by South County Fire and the Public Works
Department - Engineering Division. Improvements required in conjunction with the
subject proposal are included in Attachment 11.
With the conditions of approval referring to the Engineering Requirements provided
in Attachment 11, staff finds that the proposed subdivision is consistent with this
criterion.
c. The use of septic systems maybe approved if all of the following conditions are met:
i. It is more than 200 feet, multiplied by the number of lots in the proposed
subdivision, from the nearest public sewer main to the nearest boundary of the
land to be divided.
ii. The land to be divided is zoned RS-20.
iii. The public works director and city health officer determine that soil, drainage and
slope conditions are satisfactory for septic use and that all requirements of WAC
248-96-090 are met.
There are no septic systems included as part of the proposed project. Water and
sewer service at the site will be provided through the City's public utility systems.
5. Flood Plain Management. All subdivisions shall comply with the criteria set forth in the
Edmonds community Development code for flood plain management.
The subject property is not located within a Flood Plain Management area.
G. ECDC 20.75.090 — Park Land Dedication. According to ECDC 20.75.090, before or concurrent
with the approval of the final subdivision of any subdivision, the subdivider shall dedicate
land, pay a fee in -lieu of dedication, or do a combination of both, for park and recreational
purposes. With the adoption of Ordinance 3934 in 2013, park impacts are now addressed
through the assessment of park impact fees in accordance with Chapter 3.36 Edmonds City
Code (ECC). No park dedication or fees are required with the subdivision. Park impact fees
will be assessed with issuance of the building permits on the new lots consistent with Chapter
3.36 ECC.
H. ECDC 20.75.075 — Modifications. The application includes a modification request to adjust
the setbacks on Lot 3. Pursuant to ECDC 16.20.030, a 20-foot setback is required from Cedar
Street and a rear setback (the property line opposite Cedar Street) is 15 feet. The modification
request is to reduce the zoning street setback from 20 feet to 10 feet and the corresponding
rear setback be reduced to 5 feet. Pursuant to ECDC 20.75.075, a modification can only be
approved if all the required findings in Chapter 20.85 ECDC can be made. Attachment 3
contains the applicant's statements regarding these criteria. Below are the criteria and staffs
findings:
1. Special Circumstances. That, because of special circumstances relating to the property,
the strict enforcement of the zoning ordinance would deprive the owner of use rights and
privileges permitted to other properties in the vicinity with the some zoning.
1. Special circumstances include the size, shape, topography, location or surroundings of
the property, public necessity as of public structures and uses as set forth in
ECDC 17.00.030 and environmental factors such as vegetation, streams, ponds and
wildlife habitats.
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2. Special circumstances should not be predicated upon any factor personal to the owner
such as age or disability, extra expense which may be necessary to comply with the
zoning ordinance, the ability to secure a scenic view, the ability to make more
profitable use of the property, nor any factor resulting from the action of the owner
or any past owner of the some property,
Staff Findings: Special circumstances that relate to the subject application pertain the
existing conditions of Cedar Street west of the subject property. Portions of Cedar Street
are not entirely located within the public right-of-way and encroach onto private property
and there a several large mature cedar trees located within the right-of-way (Attachment
14). The initial application was designed so that two of the lots would gain access from
Cedar Street (Attachment 15). In order to realign Cedar Street to conform to City
Standards, the mature cedar trees would need to be removed and existing driveway
accesses within the public right-of-way would also need to be removed and
reconstructed. Public comments received during the initial comment period expressed a
desire maintain the unique neighborhood condition.
In response to the public comments, the applicant revised the short subdivision design
eliminating all access from Cedar Street. The revised layout includes all four of the lots
gaining access from Walnut Street via a private tract (Attachment 4). With the revised
layout, the lot adjacent to the Cedar Street right-of-way (Lot3) would be impacted by the
standard street and rear setbacks, which are 20 feet and 15 feet, respectively.
Special circumstances exist including the existing conditions of Cedar Street and
environmental factors to retain the existing cedar trees located within the Cedar Street
public right-of-way. The special circumstances are not predicated upon any factor
personal to the owner, extra expense which may be necessary to comply with the zoning
ordinance, the ability to secure a scenic view, the ability to make a more profitable use of
the property, nor any factor resulting form the action of the owner or any past owner of
the property.
Therefore, staff finds special circumstances exist for the requested modification.
2. Special Privilege. That the approval of the variance would not be a grant of special
privilege to the property in comparison with the limitations upon other properties in the
vicinity with the some zoning;
Staff Findings: Approval of the modification request would not be a grant of special
privilege. The applicant could develop a four -lot short subdivision with access from Cedar
Street but doing so would cause significant disruption to unique neighborhood condition.
The modification request is solely in response to public comments on the application and
a desire to maintain the existing conditions of Cedar Street.
Therefore, staff finds the granting of the modification request would not be a grant of
special privilege to the property in comparison with the limitations upon other properties
in the vicinity with the same zoning.
3. Comprehensive Plan. That the approval of the variance will be consistent with the
comprehensive plan;
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Staff Findings: See Section II.E.2 of this staff report for a discussion of the project's
compliance with the Comprehensive Plan. The project with the modification will allow
the development quality housing while balancing economic, social, aesthetic and
environmental considerations.
Therefore, staff finds that the modification request is consistent with the Comprehensive
Plan.
4. Zoning Ordinance. That the approval of the variance will be consistent with the purposes
of the zoning ordinance and the zone district in which the property is located;
Staff Findings: Apart from the modification request for reduced street and rear setbacks
on Lot 3, the proposed short subdivision is consistent with the zoning ordinance as
detailed in Section II.E.3 of this staff report. All other standards of the RS-6 zone
(minimum lot size, minimum lot width, maximum lot coverage) will be met by the project.
Lot 3, without access to Cedar Street, is essentially a flag lot. ECDC 21.30.030 defines a
flag lot as a lot which has frontage of less than one-half of the minimum lot width on the
principal street or principal access easement. Since Lot 3 is no longer using Cedar Street
for access, Cedar Street is no longer the principal access. Tract 999 becomes the principal
access for Lot 3 and only 16 feet of Lot 3 fronts Tract 999. Flag lots only require side
setbacks, so in treating Lot 3 as flag lot, the proposal is consistent with all elements of the
zoning ordinance.
Therefore, staff finds that the proposed modification request is consistent with the zoning
ordinance.
5. Not Detrimental. That the variance as approved or conditionally approved will not be
significantly detrimental to the public health, safety and welfare or injurious to the
property or improvements in the vicinity and same zone,
Staff Findings: The revised lot layout including the modification request is being proposed
to eliminate any detrimental impact to the existing Cedar Street neighborhood
conditions. The proposed Lot 3 adjacent to the Cedar Street right-of-way will gain access
from and face Walnut Street. The modification will eliminate traffic from being added to
Cedar Street and the need to remove the trees and other improvements from the Cedar
Street right-of-way. The access to Walnut Street can be improved to comply with City
standards without significant detrimental impact to the public health, safety and welfare
or injurious to the property improvements in the vicinity of the project.
Therefore, staff finds that the proposed modification request will not be detrimental.
6. Minimum Variance. That the approved variance is the minimum necessary to allow the
owner the rights enjoyed by other properties in the vicinity with the some zoning.
Staff Findings: The revised layout eliminates access to the Cedar Street right-of-way. Lot
3 will gain access from and face towards Walnut Street. Lot 3, without access to Cedar
Street is essentially a flag lot and flag lots only require side setbacks (like the other three
lots in the proposed short subdivision). Side setbacks in the RS-6 zone are 5 feet. In order
to provide additional buffering from Cedar Street right-of-way, the modification would
provide a minimum 10 feet setback back form the Cedar Street right-of-way. Since, this
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modification request is predicated on no access from Cedar Street and condition of
approval is being added to prohibit vehicular access to the project from Cedar Street.
Therefore, as conditioned, staff finds that the proposed modification request is the
minimum necessary to allow the owner rights enjoyed by other properties in the vicinity
with the same zoning.
III. DECISION ON SUBDIVISION
Based upon the Findings of Fact, Conclusions, and Attachments to this staff report, the application
for a four -lot short subdivision and the associated modification request on the property located
at 1012 Walnut Street are APPROVED subject to the following conditions:
1. 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. The applicant is responsible for obtaining all local, state, and/or federal permits or approvals
applicable to the proposal.
3. None of the lots in the short subdivision may take vehicular access from Cedar Street.
4. Prior to demolition or construction activities, the applicant shall hire a pest control
professional to assess whether pests are present at the site and to exterminate any pest found
thereon.
5. Prior to recording, the applicant must complete the following requirements:
a. All existing structures and the swimming pool on the site must be demolished before the
final short subdivision document is recorded.
b. Civil plans must be approved prior to recording. In completing the civil plans, you must
address the following:
i. Complete the Engineering Division conditions listed "Required as a Condition of
Subdivision" on Attachment 11.
ii. A tree cutting plan shall be submitted and approved with the civil plans for
removal of trees impacted by the subdivision improvements. Any tree cutting
proposed on the site that is not a hazardous situation and/or not necessary as
part of the subdivision improvements shall be reviewed at the time of building
permit application or through the appropriate land use permit application and
review process. All trees that are to be retained during the development process
and trees located on adjacent properties must be protected according to the
performance standards found in ECDC 18.45.050.H. If during construction it is
realized that certain trees that were planned to be retained will be damaged due
to the construction activities, replacement may be required per ECDC
18.45.050. F.
c. Make the following revisions to the subdivision:
i. Ensure that all existing easements are indicated.
ii. Indicate the locations of all new easements, and provide easement descriptions
and maintenance provisions for all new easements.
iii. Indicate the gross and net areas of each lot on the final subdivision.
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iv. Include the addresses for each of the lots on the final subdivision (new addresses
will be assigned following preliminary approval and provided prior to submitting
for final review).
V. Add to the face of the subdivision: "Conditions of approval must be met and can
be found in the approval for the short subdivision located in File No. PLN2020-
0033 in the City of Edmonds Planning Division."
vi. Include on the subdivision all required information, including owner's
certification, hold harmless agreement, and Development Services and Public
Works director's approval blocks.
vii. Make sure all documents to be recorded meet the Snohomish County Auditor's
requirements for recording.
d. Submit an updated copy of the title report (short subdivision certificate) with the
documents proposed to be recorded. The title report must be prepared within 30 days
of submittal for final review.
e. Submit two copies of the documents to be recorded for the Planning Division and
Engineering Division's approval. Once approved, the documents must be recorded with
the Snohomish County Auditor's office.
6. After recording the subdivision and in conjunction with future building permit applications,
the applicant must complete the following:
a. Complete the Engineering Division conditions listed "Required as a Condition of Building
Permit" in Attachment 11.
IV. APPEAL
Pursuant to ECDC 20.06.030, a party of record may submit a written appeal of a Type II decision
within 14 days after the date of issuance of the decision. The appeal would be heard at an open
record public hearing before the Hearing Examiner according to the requirements of Chapter
20.06 ECDC.
V. LAPSE OF APPROVAL
ECDC 20.75.100.13 provides that an approval of a short subdivision shall expire and have no further
validity at the end of five years, unless the applicant has acquired final short subdivision approval
within the specified time period. The time period for short subdivisions shall commence upon the
issuance of a final, written staff decision. In the event that the decision of staff is appealed to the
Edmonds hearing examiner and/or Snohomish County superior court, the time period shall
commence upon the date of final confirmation of the preliminary short subdivision decision by
the hearing examiner or judiciary.
VI. 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.
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VII. PARTIES OF RECORD
City of Edmonds
121— 5th Ave. N
Edmonds, WA 98020
Greg Bumpus
961 Cedar Street
Edmonds, WA 98020
Janet Henry
955 Cedar Street
Edmonds, WA 98020
Christien Miller and Tammy Williams
1002 Walnut Street
Edmonds, WA 98020
Select Homes, Inc.
16531 13th Ave. W, Ste. A107
Lynnwood, WA 98037
Keven & Barbara Harris
1010 Walnut Street
Edmonds, WA 98020
Ken Reidy
771 Daley Street
Edmonds, WA 98020
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