Notice_of_Decison_ExpiredApp_2023.01.17CITY OF EDMONDS • 121 5" AVENUE NORTH • EDMONDS, WA 98020
PHONE: 425.771.0220 • FAX: 425.771.0221 • WEB: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT: PLANNING • BUILDING
January 17, 2023
Lee Michaelis
5005 2001h St SW, suite 101-B
Lynnwood, WA 98036
Subject: Notice of Type I Action and Decision —Three Lot Short Plat at 8608 2361h St. SW
(PLN2021-0041)
Findings of Fact
On September 19, 2022, the city of Edmonds ("City") notified you that additional information
was necessary to process, review and/or issue a substantive decision on your application for a
short plat at the above address (PLN2021-0041). A request that you submit the additional
information was also included in said notice, a copy of which is attached as Exhibit A.
It has been more than 90 days since you were notified (December 18th was day 90), but current
records indicate that you have not submitted the information requested by the City. Again,
without this information the City cannot continue to process, review and/or issue a substantive
decision on your application. Furthermore, the City granted a one-time 90-day extension for a
previous review cycle in March 2022—additional extensions are not available.
Conclusions of Law
Edmonds Community Development Code ("ECDC") 20.02.003(D)(2) provides that "[w]henever
the applicant receives a notice that the contents of the application (...j is insufficient,
ambiguous, undecipherable, or otherwise unresponsive of the information being sought, the
applicant shall have 90 days to submit the necessary information."
As noted above, you were notified by the City that additional information were necessary on
September 19, 2022, and pursuant to the aforementioned ECDC, you have been afforded 90
days to submit it before this Type I Action was instigated.
ECDC 20.02.003(D)(3) further provides that "(ijf the applicant does not submit the additional
information requested within the 90-day period for the development project permit, the director
shall make findings and issue a decision, according to the Type 1 procedure, that the application
has lapsed for lack of information necessary to complete the review."
As noted above, there is no evidence that you have submitted the additional information as
requested. It is within the City of Edmonds Development Services Director's authority to
instigate this Type I Action and to issue the decision below.
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Decision
Because you have not submitted the additional information requested within 90 days, pursuant
to the above referenced codes, the City is hereby issuing this Notice of Type I Action and
Decision ("Notice") that your application has lapsed for lack of information necessary to
complete the review. No further action by the City will be taken on your application. If you
believe you submitted the additional information requested and have supporting evidence,
please contact the City immediately.
According to ECDC 20.02.003.D.4, when an application has lapsed, you may request a refund of
some of the preliminary application fee. To do this, submit a letter to the Planning &
Development Director explaining the circumstances involved in the delay.
Finally, pursuant to RCW 36.70B.130, property owners that are affected by the decision issued
in this Notice may request a change in valuation for property tax purposes notwithstanding any
program of revaluation. Any such request, if applicable, should be directed to Snohomish
County.
Dated this 17th day of January, 2022.
adS�Ii ey
Senior Planner
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CITY OF EDMONDS EXHIBIT A
PLAN REVIEW COMMENTS
m
PLANNING DIVISION
g90
(425) 771-0220
City Website: www.edmondswa.gov
DATE: August 31, 2022
TO: Brad Shipley, Senior Planner
FROM: Deb Powers, Urban Forest Planner
RE: Tree Retention Plan Review 2/PLN2021-0041
8608 2361" Street SW
Niebruegge 3-Lot Preliminary Short Subdivision
On behalf of the Planning Division, I have reviewed the resubmitted Tree Retention Plan and
applicant responses dated June 24, 2022. Generally, the Plan contains all required components
for preliminary completeness. So that the City may complete its review and approval of the final
plat, the information, corrections, or clarifications shown in bold text below will need to be
addressed by the applicant with the submittal of the formal short subdivision.
1. Site plan. Minor site plan adjustments may be needed for adequate tree protection (Item
2). Note that in addition to meeting numerical tree retention thresholds, proposed
improvement placement should be adjusted to result in the retention of more and/or
higher priority trees per ECDC 23.10.060.D-F, unless the applicant can demonstrate that
would make the proposed development infeasible. In documenting infeasibility, applicants
of short subdivision must consider implementing the Conservation Subdivision design as
provided for in ECDC 20.75.048 (Item 6).
Please adjust the site plan to show required tree protection fence to scale (see Item 2
below) with formal short plat submittal. Consider adjustments to increase tree retention
using the design flexibility afforded in ECDC 20.75.048.
2. Tree protection fence. It appears Critical Root Zone (CRZ) distances are provided by the
applicant's arborist as the recommended limits of disturbance for retained trees; however,
tree protection fence locations are not shown to scale at CRZs on the site plan. Tree
protection fence appears to be missing for offsite Tree #35.
Please adjust locations of proposed tree protection fence so it is drawn to scale at the
recommended limits of disturbance and include Tree #35 with formal short plat submittal.
3. Proposed tree retention, removal, and replanting. The tree retention, removal, and planting
information shown in the site plan, arborist report and tree inventory meets requirements
per ECDC 23.10.060-080. A minor error was noted in the number of existing trees on site -
the corrected number is shown in the table below.
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Please update the total number of trees shown in tree retention/mitigation calculations
with the formal plat submittal.
4. Fees in lieu. The appraised values for trees >24 inches DBH proposed for removal have not
been submitted. The applicant may opt to use the $2 per square foot of lot area maximum
per ECDC 23.10.080.E.4 or consider waiving all fees in lieu using the Conservation
Subdivision design (Item 6) to attain the 50% tree retention threshold.
Please submit the appraised values of significant viable trees >24 inches DBH proposed for
removal per ECDC 23.10.080.E.3 or show the total amount due for the preferred option to
either reduce or waive fees in lieu of tree removal/replacement, as indicated in the gray
shaded areas in the table below.
Significant trees j
38
Significant = minimum 6" DBH
Existing Trees
Non -viable = dead or "poor" condition:
on Site
Non -viable trees
1
Tree #5. Note there is no Tree #44.
TOTAL # SIGNIFICANT, VIABLE TREES
Proposed Tree
Viable trees in
Retention
developable area
12
Trees #13, 16, 17, 19-21, 23-26, 28, 38.
TOTAL # RETAINED
VIABLE TREES
12
# REMOVED
TOTAL
VIABLE
TREES
REPLACEMENT
REQ'D
DBH
QTY.
Viable tree removals
RATIO
NEW
Proposed Tree
that require mitigation:
RANGE
TREES
6-10
0
0
Removals
Trees #3-4, 6, 9-12, 14-
25
10.1-14"
3
x2 - 6
&
15, 18, 22, 27, 29-32,
21
Required
37, 39-43, 45-47.
Replacements
14.1-24"
5
x3 = 15
>24"
17
Appraised Value
Total = $*
Nonviable tree
Mitigation (tree planting/fees in lieu) is not
removal: Tree #5
1
required for non -viable tree removal.
TOTAL # REMOVALS
26
30% of viable trees in
Applicant meets the minimum 30%tree
Tree
developable area
12/ 37
retention threshold.
Retention
50% of viable trees,
Applicant does not meet minimum 50% tree
Thresholds
32%
site -wide
retention threshold to waive fees in lieu.
*Not to exceed $2.00 per square feet of lot area per ECDC 23.10.080.E.4
5. Species Suitability. The City will consider waiving replacement requirements for the removal
of tree species inappropriate for retention (Ilex aquifolium and Prunus emarginata).
No corrections needed at this time.
6. Conservation Subdivision. The applicant may be unaware of the lot layout flexibility
afforded by Conservation Subdivision Design per ECDC 20.75.048. This allows reduced lot
size/width, increased structural coverage, varied driveway access, clustered or shifted
dwelling units, etc. for greater tree retention. Greater detail showing proposed setbacks,
building footprints, etc. may be required to show proposed improvements under ECDC
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20.75.048. Note that trees identified for retention and protection in association with design
flexibility must record a Protected Tree Notice on Title consistent with ECDC 23.10.085 at
final. Additional notice on titles may be required for subsequent lots depending if
replacement trees are planted on new lots.
No corrections needed at this time. Please review ECDC 20.75.048 and indicate a
preference for using the Conservation Subdivision Design code provisions for greater lot
layout flexibility by increasing tree retention shown with the formal plat submittal.
Please note that pursuant to ECDC 23.10.085, sites with tree(s) identified for retention and
protection on an approved tree retention and protection plan and/or replacement in relation to
a permit or plan, shall as a condition of permit issuance, record a Protected Tree Notice on Title
with the Snohomish County Auditor's Office.
Thank you.
Applicable codes, handouts, the City's GIS, and other permit assistance is available at:
https://www.edmondswa.gov
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