17-0098 & 17-0208 plan review comments.pdfCITY OF EDMONDS - 1215" AVENUE NORTH • EDMONDS, WA 98020
PHONE: 425.771.0220 • FAX: 425.771.0221 + WEB: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT: PLANNING w BUILDING
March 23, 2017
Todd Echelbarger
todd@echelbarger.com
RE: PLAN REVIEW COMMENTS FOR PLAN CHECK # BLD20170098 & BLD20170208
NEW SINGLE FAMILY RESIDENCES AT 305 & 303 CASPERS ST.
Todd,
I have reviewed the above building permit applications for the Planning Division. Before I get to
my specific comments, I need to bring to your attention the fact that the City's critical areas
regulations were updated on May 3, 2016 through Ordinance 4026. This is important because
it is that ordinance which applies to the subject building permits, not the critical areas
ordinance that was in effect when the associated short plat in PLN20150007 was approved.
This was confirmed in discussions with the City Attorney.
As you are likely aware, in Alliance Investment Group v. City of Ellensburg (2015), the
Washington Court of Appeals held that approval of a short plat that is not accompanied by a
building permit application does not vest a right to have the future development of the
property considered under a critical areas ordinance that existed at the time of the short plat
approval. This means that the building permits for Lots 3 & 2 of PLN20150007 must meet the
development standards in effect at the time the completed building permit applications were
filed (January 20 and February 9, 2017, respectively). This includes the critical area ordinance
(CAO) adopted in May 2016.
To that end, please address the following comments in cover letters and through the submittal
of updated reports and plans with changes called out for each permit:
Critical area checklist: Each new lot created by the short plat now needs its own
critical checklist at the time of building permit application. The fee for this is $50 since
it is an update of what was done with the short plat. Separate checklists for 305 &
303 Caspers are required.
2. Updated wetland and stream re ort: While the previous work by Skagit Wetlands &
Critical Areas dated July 13, 2015 can be used as a base, it will need to be updated in
accordance with the new wetland and stream codes in ECDC 23.50 and ECDC 23.90.
While the stream code did not change substantially as part of the CAO update, the
wetland code did. Potential buffer widths have increased and are based on the
habitat score of the wetland. Both the stream and wetland will need to be reanalyzed
relative to the new critical area ordinance and any updated buffers and mitigations
applied to the project plans for the building permits as appropriate. This may result in
the redesign or relocation of the proposed houses and related improvements.
3. Updated flood plain report: Chapter ECDC 23.70 (Frequently Flooded Areas) did not
change significantly but please have Ed McCarthy submit a letter describing
compliance of the proposed house plans relative to his report dated November 11,
2014 and revised June 8, 2015.
4. Amended native vegetation Nan: It is possible that revised stream or wetland buffers
for the houses may lead you to want to revise the approved native vegetation plan for
the short plat. The same amount of square foot area is required since that was based
on lot area of the parent lot that was subdivided but you may want to move the native
areas around to better match any revised wetland or stream buffers. Should that be
the case, we can amend the native vegetation plan as a Type I staff decision with a
$285 review fee.
5. Notice to title: Pursuant to a new code section in the 2016 CAO update (ECDC
23.40.270.6), sites with field -verified presence of critical areas and/or critical area
buffers for which a permit application is submitted must record a notice of the
existence of the critical area and/or critical area buffer against the property with the
Snohomish County Auditor's Office as a condition of permit issuance. Attached is a
Notice of Presence of Critical Areas for each lot; please sign them and have them
notarized. Prior to issuance of the building permits, these forms must be recorded
with the Snohomish County Auditor's Office. Options for recording include:
a. Provide the City processing fee of $90 plus the County recording fee of $76 for
each lot ($73 for first page and $1 for each additional page), for a total of $242,
and the City will record the notices for you;
OR
b. Take the covenants to the County and record them for the County's recording fee
of $73 for one page plus $1 for each additional page (for each lot), and return a
copy of each of the recorded notices to the Edmonds Planning Division with the
Auditor's recording sticker on the copy.
All referenced code sections are available here:
hrttp://wwrnr.codde�ublishinc�w d" dmor ds/.
Please submit two copies of any updated plan sheets and reports. Make all submittals to a
Permit Coordinator, Monday through Friday, 8:00 am to 4:30 pm (8:30 am to 12:00 pm on
Wednesdays only). If you have any questions, please contact me at (425) 771-0220.
Sincerelyly,
�.
Mike Clugston, AICP
Associate Planner