Ordinance 34190006.900000
WSS /gjz
9/19/02
ORDINANCE NO. 3419
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, APPROVING PRD- 2002 -62 AND FILE NO. P-
2002-61, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, the City Council heard a closed record review of the
recommendation of its Hearing Examiner on September 3, 2002 regarding the application of
Lovell- Sauerland & Associates and Viking Properties, Inc. for a Planned Residential
Development, and
WHEREAS, the City's Hearing Examiner recommended approval in a
recommendation dated August 12, 2002, and
WHEREAS, the City Council finds and concludes its approval appropriate based
upon the findings, conclusions and conditions as set forth in its decision, attached hereto as
Exhibit A and incorporated by this reference as fully as if herein set forth, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. PRD- 2002 -62 and File No. P- 2002 -61 is hereby approved, subject to
the findings, conclusions and conditions set forth in the attached decision of the City Council.
This attachment, Exhibit A, is incorporated by this reference as fully as if herein set forth.
Section 2. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
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five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
MAY. GAR AAKENSON
ATTEST /AUTHENTICATED:
-CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CjjY ATTORNEY:
BY
FILED WITH THE CITY CLERK: 09/20/2002
PASSED BY THE CITY COUNCIL: 09/24/2002
PUBLISHED: 09/29/2002
EFFECTIVE DATE: 10/04/2002
ORDINANCE NO. 3419
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SUMMARY OF ORDINANCE NO. 3419
of the City of Edmonds, Washington
On the 24th day of September, 2002, the City Council of the City of Edmonds,
passed Ordinance No. 3419. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, APPROVING PRD -2002-
62 AND FILE NO. P- 2002 -61, AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 25th day of September, 2002.
CITY CLERK, SANDRA S. CHASE
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BEFORE THE EDMONDS CITY COUNCIL
In Re the Application of File Nos. P- 2002 -61
PRD- 2002 -62
Lovell - Sauerland & Associates, Inc.
and Viking Properties, Inc.
This matter came on for closed record review before the, Edmonds City Council on
September 3, 2002. regarding the recommendation of its Hearing Examiner on an application for
a Planned Residential Development.
I. FINDINGS
1.1 The City Council adopts the findings and conclusions of the City's Hearing
Examiner as set forth in the Hearing Examiner's recommendations of August 12, 2002.
1.2 During the course of argument the applicant's representative, S. Michael Smith of
Lovell- Sauerland & Associates, Inc., requested clarification of a condition contained in the
Hearing Examiner's recommendation. The requested clarification would permit Lots 2 through
5 to be afforded 40% lot coverage. In addition, a triangular section which the Hearing Examiner
directed be added to the Open Space tract instead be designated as a tree protection easement on
Lots 4 and 5.
1.3 In addition, issues were raised in discussion regarding the meaning of "usable
open space" within the development. Usable open space in this context does not require public
dedication, but rather that the areas open be usable by the residents to compensate those residents
for the smaller backyard and other on -lot spaces normally available to a homeowner.
II. CONCLUSIONS
1.1 The City Council adopts the conclusions of its Hearing Examiner's
recommendation except as specifically modified herein.
1.2 The City Council finds that the applicants' request to permit Lots 2 and 3 to be
permitted 40% lot coverage is consistent with the purposes of the PRD ordinance. In
questioning, the applicant's representative agreed that no alteration of the lot coverage for Lots 4
and 5 was required if an easement for tree protection is approved.
1.3 The City Council also concludes it to be appropriate, based upon the applicants'
request and representations in argument to provide additional protections for the trees located
within the triangular area to be designated as an easement for tree protection on Lots 4 and 5
located adjacent to the southern property line. The City Council therefore concludes that
approval of the PRD is appropriate so long as there are no significant modifications to the trees,
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plantings and shrubbery within the tree protection easement ( "easement ") without the City's
prior consent. Significant modification means any cutting, trimming, grubbing, or other physical
alteration of the trees or their root structure. Nothing herein shall be interpreted to prohibit
emergency action necessary to preserve life or property occasioned by the death, disease or
destruction of the trees, provided that absent emergent circumstances, any significant
modification requires the City's prior written consent. Only trees determined to be hazardous by
an ISA certified arborist are eligible for modification under the emergency provision provided.
Tree removal shall require placement with native trees of a size conforming to ECDC 20.12.015.
The retaining wall to be constructed along Lots 4 and 5 shall be designed in such a manner to
ensure that construction does not negatively impact the trees or their root structure. During
construction activities, a 6 -foot fence shall be erected at a distance sufficient to protect the tree
protection easement located on Lots 4 and 5 during any construction activities on the site and the
location of the fence shall be determined in consultation with an ISA certified arborist to ensure
that tree -root structures are not damaged.
1.4 Prior to final PRD approval, the applicant shall submit documentation for review
by the City Attorney establishing a homeowners association which clearly indicate ongoing
mechanisms to ensure that the open space is accessible to property owners within the PRD and
that appropriate mechanisms are included ensuring that the Open Space areas are properly
maintained, clean, restored, constructed, reconstructed or replaced in order to ensure that the
space remains usable to the residents. The homeowners association documents shall ensure that
the homeowners association is responsible for maintaining the entire open space, and particularly
the tot lot, in a clean, safe and usable condition consistent with the PRD approval.
III. DECISION
PRD 2002 -62, File No. P- 2002 -61 is hereby approved subject to the conditions set forth
in paragraphs 1.2 through 1.4 above.
DONE this Z5 *4 day of Sino-re 9,8E , 2002.
CITY OF EDMONDS
By:
May Gary a enson
ATTEST /AUTHENTICATED:
zd"..t, d,
Sandra S. Chase, City Clerk
APPROVED AS TO FORM:
OFFICE F CIT TORNEY:
W. Scott Snyder
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Affidavit of Publication
STATE OF WASHINGTON, 1
COUNTY OF SNOHOMISH f
S.S.
SUMMARY F ORDINANCE NO. 3419
Of the iry of Edmonds, Washington
On the 24th day of September, 2002, the City Council of
the City of Edmonds, passed Ordinance No. 3419. A
summary of the content of said ordinance, consisting of
the title, provides as follows:
The undersigned, being first dui sworn on oath deposes and says that she is
$rt g Y � Y
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, APPROVING °6HED IE NOP2002-- 61, AND IXING A TIIME WN TH
Principal Clerk of THE HERALD, a daily newspaper printed and published
SAME SHALL BECOME EFFECTIVE.
The full text of this ordinance will be mailed upon
re test. �
in the City of Everett, County of Snohomish, and State of Washington; that
DATED this 25th day of September, 2002.
CITY CLERK, SANDRA S. CHASE
Published: September 29, 2002.
said newspaper is a newspaper of general circulation in said County and
State; that said newspaper has been approved as a legal newspaper by order
of the Superior Court of Snohomish County and that the notice'
City of Edmonds
Summary of Ordinance No. 3419
a printed copy of which is hereunto attached, was published in said newspaper
proper and not in supplement form, in the regular and entire edition of said
paper on the following days and times, namely:
September 29, 2002
and that said newspaper was regularly distributed to its subscribers during
all of said period.
Principal Clerk
Subscribed and sworn to before me this 30th
day of September, 2002
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EDMONDS CITY CLERK