Exhibit 1 - Staff Report.pdfCITY OF EDMONDS
1.21. - 5TH AVENUE NORTH, EDMONDS, WA 98020
PLANNING DIVISION
FINDINGS, CONCLUSIONS AND RECOMMENATION
To: Hearing Examiner
��.
From:
Mire Clugston, AICD
Planner
Date: SEPTEMBER 23, 2008
File: P-08-46 & SM -08-47 HILL LAKE BALLINGER PLAT
8 -lot Formal Plat and Shoreline Substantial
Development Permit
Hearing Date, Time and Place: October 2, 2008, at 3:00 PM
Council Chambers, Public Safety Building
250 — 5th Avenue North, Edmonds, WA 98020
Applicant: Laurie Hill
24223 76th Avenue West
Edmonds, WA 98026
TABLE OF CONTENTS
Section
Page
1.
INTRODUCTION................................................................................................................2
II.
FINDINGS OF FACT AND CONCLUSIONS .......................
....................................2
A. Compliance with the Comprehensive Plan........................................................................................2
B. Compliance with 20.15A, Environmental Review............................................................................3
C. Compliance with 20.55, Shoreline Permits.......................................................................................4
D. Compliance with 20.75, Subdivisions...............................................................................................4
E. Compliance with 23. 10, Shoreline Master Program..........................................................................6
F. Compliance with 23.40, Critical Areas..............................................................................................7
G. 'Technical Comments ........................... --- .................................................................
....................... 8
H. Public Comments.................................................................................—..........................................8
I. Recommendation..............................................................................................................................9
1I1.
RECONSIDERATIONS AND APPEALS..........................................................................9
A. Request for Reconsideration ........................ .... —....................................................
.......................... 9
B. Appeals............................................................................................................................................10
C. Time Limits for Reconsideration and Appeals................................................................................10
IV.
LAPSE OF APPROVAL...................................................................................................10
V.
NOTICE TO COUNTY ASSESSOR................................................................................10
VI.
EXHIBITS..........................................................................................................................10
VII.
PARTIES OF RECORD....................................................................................................
I I
Hill [Aike Ballinger Plat
File No. P-08-40 & SM -08-47
Pa)e 2 of I l
I. INTRODUCTION
The applicant is proposing to subdivide four existing parcels into an 8 -lot formal plat at parcels addressed as
24223 — 24227 76"' Avenue West (Exhibit 2). The proposed parcels are somewhat irregularly shaped and
vary in size due to the fact that the site is divided between the RS -8 and RSW-12 zones. Three of the parcels
are currently developed with single family residences (all zoned RS -8) while a large lot abutting Lake
Ballinger is vacant (zoned RSW- 12). Because a portion of this subdivision is within 200' of the Ordinary
High Water Mark (OHWM) of Lake Ballinger, a Shoreline Substantial Development Permit (SSFP) is also
required.
"rhe 2.21 acre area is roughly rectangular in shape (see inset below) and bounded on the north and south by
similarly zoned and developed residential parcels. Lake Ballinger forms the eastern boundary and 76"'
Avenue West provides access and bounds the west. West of 76"' Avenue are a number of conimerci ally -
zoned parcels which are developed accordingly. The subject site is approximately 300 feet north of the
intersection of 76"' Avenue West and SR 104. The three single family residences currently on the site were
built between the 1940s and the 1960s according to the County Assessor's records. These structures are
proposed to be removed to allow redevelopment of the site. An existing dock is proposed to remain.
The subject site slopes gently from west to east toward Lake Ballinger.
typical residential landscaping, including grass, small trees, and shrubs.
trees on the site as well as some singles. ,
The immediate upland area of the site
west of Lake Ballinger has been identified
as a wetland. This wetland area, and its
associated buffer and setback, will remain
undeveloped.
Review Process: Staff reviews the
application and produces a report for the
Hearing Examiner who conducts a public
hearing and makes the final decision on
the preliminary plat and shoreline permit,
The Shoreline Permit materials are sent to
the Department of Ecology. The final plat
is approved by the City Council.
Applicable Code Sections;
0 Edmonds Community Development
Code (ECDC) Chapter 16,20, RS -
Q— 1. F —;I Residential
1�� . �y-
• ECDC Title 18, Public Works Requirements -tyof k'dmondsZoning Map, May 1, 2008
• ECDC Chapter 20.15A, Environmental Review
(SEPA)
• ECDC Chapter 20,55, Shoreline Permits
• ECDC Chapter 20,75, Subdivisions
• ECDC Chapter 20.100, Hearing Examiner and City Council Review
• ECDC Chapter 23. 10,, Shoreline Master Program
• ECDC Chapter 23,40, Environmentally Critical Areas
Vegetation on the parcel consists of
There are several clusters of larger
A. Compliance with the Comprehensive Plan
1. Comprehensive Plan Goals and Policies:
The Comprehensive Plan indicates the following stated goals and policies for Residential
Development that apply to this project.
SII 9W
M�' s �10- - ��
Hill Lake Ballinger Plat
Pile No. P-08-46 & SM -08-47
Page 3 of I 1
Residential Development
B. 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 and aesthetic consideration, in
accordance with the following policies:
B. 9. 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.
B.2. Protect neighborhoods from incompatible additions to existing buildings that do
not harmonize with existing structures in the area.
B.3. Minimize encroachment on view of existing homes by new construction or
additions to existing structures.
BA Support retention and rehabilitation of older housing within Edmonds whenever
it is economically feasible.
B.5. Protect residential areas from incompatible land uses through the careful
control of other types of development and expansion based upon the following
principles:
B. 5. a. Residential privacy is a fundamental protection to be upheld by local
government.
B. 5. b. Traffic not directly accessing residences in a neighborhood must be
discouraged.
B. 5. c. Stable property values must not be threatened by view, traffic or land
use encroachments.
B.5.d. Private property must be protected from adverse environmental
impacts of development including noise, drainage, traffic, slides, etc.
B.6. Require that new residential development be compatible with the natural
constraints of slopes, soils, geology, vegetation and drainage.
This proposal involves creating eight lots out of an existing four which will increase density to that
which is anticipated by the existing zoning of the parcels. While three older existing single family
structures will be removed, eight new structures will be able to be built on the site which will
increase the amount of housing available in the City. By constructing the subdivision improvements
and future structures to applicable codes and avoiding development in the wetland and flood plain,
the local environment will be preserved. For these reasons, and because the site is already well -
served by existing infrastructure, the proposal appears to be compatible with the Comprehensive
Plan,
B. Compliance with 20.15A, Environmental Review
1. The applicant submitted an Environmental Checklist (Exhibit 9) with the formal plat application
since the proposed development is anticipated to exceed the 500 cubic yard grading threshold. A
Determination of Nonsignificance (DNS) was issued by the City of Edmonds on August 12, 2008
(Exhibit 10). The appeal period expired on August 26, 2008, and no appeals were received. An
Environmental Impact Statement (EIS) was not required for the proposal because the impacts likely
to occur due to the specific request were determined not to be so significant and adverse that they
could not be adequately mitigated by the application of existing development regulations.
The Snohomish County PUD responded (Exhibit 11) and indicated that while the utility has
sufficient existing electric system capacity to supply the new development, site-specific facilities may
need to be upgraded. District policy also requires a 10' easement and 8' clearance between any
structures to allow for installation and maintenance of underground electrical facilities.
EXHIBIT 1
Hill Lake Ballinger Plat
File No. P-08-46 & SM -08-47
Page of l 1
The Department of Ecology indicated that Lake Ballinger has an approved TMDL (Exhibit 12). To
avoid further degradation of lake water quality, appropriate best management practices mast be
followed including those for phosphorus control and treatment. The Engineering Division noted the
need for phosphorus control in their comments as well (Exhibit 13).
Both the applicant and the City have complied with the requirements of ECDC 20.15.A.
C. Compliance with 20.55, Shoreline Permits
1. Pursuant to ECDC 20.55.030, the Hearing Examiner shall review and make recommendations on
shoreline permits as provided in ECDC 20.100.010 (Hearing Examiner Review).
2. This project is subject to review under ECDC 20.55, because the project area is within 200' of the
Ordinary High Water Mark (OHRM) of Lake Ballinger.
3. ECDC 20.55.020.A requires that in addition to the noticing requirements of ECDC 20.91, notice
shall be given by publication in a newspaper of general circulation in Edmonds at least once a week
on the same day of the week for two consecutive weeks. The last day of publication shall be at least
30 days before the first public hearing on the permit.
4. A "Notice of Application" and a "Notice of Hearing" were published in the Herald Newspaper,
posted at the subject site, as well as the Public Safety Complex, Community Development
Department, and the Library. All notices were also mailed to residents and owners within 300 feet of
the site. The City has complied with the noticing provisions of ECDC 20.91 (Public Hearings and
Notice), as well as the specific requirements of 20.55.020 (Shoreline Permits — Notice, see Exhibit
14).
5. Pursuant to ECDC 20.55.050, the Community Development Director shall file copies of the
following with the Department of Ecology and the Attorney General within eight days of the final
city action on a shoreline permit: (1) Decision: The final decision of the city on the permit, and if the
permit was approved, (2)Application: The application form, site plan and vicinity map, (3)
Environmental Data: The enviromnental checklist, threshold determination, and the declaration of
non -significance, and (4) Notice: The affidavits of notice.
6. Pursuant to ECDC 20.55.060, no construction authorized by an approved shoreline permit may begin
until 30 days after the final city decision on the proposal. This restriction shall be stated on the
permit.
D. Compliance with 20.75, Subdivisions
1. Environmental Resources
a. Subdivisions should be designed to minimize significant adverse impacts where environmental
resources exist (such as trees, streams, ravines, and wildlife habitats). The existing trees on the
site are considered to be environmental resources. The applicant has stated an intent to remove
all trees and clear the entire site with the exception of the wetland and buffer. The City
encourages tree retention to the extent practicable and would suggest trying to retain some of the
trees on the exterior of the site, particularly those on Lot 6.
Lake Ballinger is an important environmental resource not only to the City of Edmonds but also
to the region. The immediate upland area adjacent to Lake Ballinger is identified as a wetland
and the protection of this resource will be described in further detail in Section I1.F,
b. Because the site is fairly level, grading involved in development of the project will be limited
given the size of the site. Cut and fill is anticipated at 2,000 cubic yards of each, thus triggering
SEPA review (Section ILB).
c. There are no steep slopes or unstable soil or geologic conditions exist at the site. The eastern
portion of the site is identified as Zone A floodplain due to the presence of Lake Ballinger (see
Section ILD.5 below),
EXHIBIT I
P-08-46 & SM -08-47
Hill Like Ballinger Plat
File No. P-08-46 & SM -08-47
Page 5 of 1 l
d. Drainage for the site is addressed in the Preliminary Drainage Report and Utility Plan (Exhibits
8 and 3). Drainage will be further reviewed through civil plans submitted by the applicant as
required by the Engineering Division (Exhibit 13). Phosphorus control and treatment is
required.
e. Views in this location are largely local. Some existing lake views may be impacted by the
proposed development but the low lying location of the site as well as its west -east orientation
serve to limit the impact.
2. Lot and Street Layout
a. Lots to be buildable.
Based on the site conditions and information supplied by the applicant, each of the proposed lots
will contain a usable building area. Compliance with development standards (ECDC 16.20) for
each lot will occur at building permit.
b. Lot access.
A new road (243"' Place SW) is proposed to serve the development off of 76`x' Avenue West,
The road will be constructed to the standards in ECDC Chapter 18.80 and will include a 30'
right of way, a 20' of pavement, as well as curbs and gutters. A sidewalk adjacent to the
southern edge of the road will allow for pedestrian access to the development. The applicant
submitted a Traffic Impact Analysis (Exhibit 15) describing traffic impact fees applicable to the
proposed development. Each lot could have individual access from the proposed road while use
of shared driveways remains undetermined.
e. Lot dimensional requirements.
Lot area:
The five lots on the western half of the site are zoned RS -8 and require a minimum lot size of
8,000 square feet, The three lots on the eastern half of the site are zoned RSW-12, which
require a minimum lot size of 12,000. Each of the proposed lots meets the minimum size
requirement.
Lot width:
The five RS -8 parcels must have a minimum lot width of 70'. Each of the proposed parcels
satisfies the 70' criteria. The three RSW-12 parcels are not required to have a minimum lot
width; however, each has a width in excess of 60' and also has frontage on the ordinary high
water line and a public street per ECDC 16.20.030.4.
Lot setbacks:
Typical setbacks for lots in the RS -8 zone are:
Street setback - 25 feet
Side setback - 7.5 feet
Rear setback - 15 feet
Setbacks for lots in the RSW-12 zone are:
Street setback - 15 feet
Side setback - 10 feet
Rear setback - 35 feet
As proposed, the each of the lots satisfies its applicable setback criteria. Lots 6, 7 and 8 appear
to indicate a 25' street setback whereas the typical street setback for RSW-12 is 15'.
Lot coverage:
Because all existing structures will be removed from the site, the newly created lots will have
zero structural lot coverage. According to ECDC 16.20.030, structural lot coverage may not
exceed 35% of any lot.
EXHIBIT 1
P-08-46 & SM -08-47
Hill Lake Ballinger Plat
File No. P-08-46 & SM -08-47
Page 6 of I I
d. Pedestrian access.
A sidewalk adjacent to proposed 243`1 Place access road will provide pedestrian access to the
development, The Edmonds School District analyzed the proposed development and provided
comments regarding safe walk routes to nearby bus stops (Exhibit 7). There is a Community
Transit bus stop, on 76"' at the western edge of the development and there is Metro service
available at the intersection of Vh and SR 104, The Aurora Village Transit Center and
Shoreline Park & Ride are also within one mile of the proposed development.
3. Dedications
a. The proposed access road, 243'." Place SW, and the entire 30' right-of-way are to be dedicated to
the City of Edmonds. No land was dedicated for parks as part of this subdivision nor were in -
lieu fees for park land collected since the City has not established such fees at this time.
4. Improvements
a. Proposed improvements to the site are indicated on the preliminary plat and utility plan (Exhibits
2 & 3), Improvements required by the Engineering Division are described in (Exhibit 13),
including connecting to City of Edmonds water and sewer. If the preliminary plat is approved,
the applicant will be required to submit revised civil engineering plans to the Engineering
Division addressing all plat conditions.
5. Flood Plain Management
a, The eastern portion of the
site is identified as Zone A
floodplain due to the
presence of Lake Ballinger
(see inset), Zone A is
identified as a 'special flood
hazard area inundated by
100 -year flood' but where
`no base flood elevations an
determined'. 'The City of
Edmonds has defined the
base flood elevation at 282..'
feet. This elevation was
established using historical
data collected by the City of
Mountlake Terrace as well a
a court determination setting
the point when the outfall or
the east side of Lake
Ballinger is opened during
high water events.
I
P'IRM Map, Panel 1315, No veinber 8,1999
As indicated on the proposed plat (Exhibit 4), the 282,5' (pre -development) line of elevation
falls within the identified wetland on the: eastern edge of tile site. Because the wetland portion of
the site will remain undisturbed and any proposed homes will be constructed at an elevation of at
least 288' (post -development), the impact of floodwater on Lots 7 and 8 is minimized. That
said, site-specific flood studies and assessments are required for Lots 7 and 8 when building
permits applications are made for those lots,
E. Compliance with 23.10, Shoreline Master Program
I. The project site is within 200' of the Ordinary Fligh Water Mark (OHWM) oil the western side of
Lake Ballinger,
I-WOURIM
P-08-46 & SM -08-47
Hill Lake Balliager Plat
File No. P-08-46 & SM -08-47
Page 7 of l l
2. ECDC 23.10.105 indicates the project site is designated as a `Suburban Residential IV' shoreline
environment; specifically, "the upland area adjacent to the shoreline of Lake Ballinger." Exhibit 16
(Plate 6 of the Master Program) visually indicates this designation.
3. According to the chart in ECDC 23.10.120.8, single family detached development within the
Suburban Residential IV designation, when more than one single family lot or residence is created,
requires a Shoreline Substantial Development Permit (SSDP).
4. ECDC 23.10.150 provides use regulations for detached dwelling units in the shoreline environment.
These regulations are largely identical to those established for the RSW-12 zone in ECDC 16,20 (see
Section II.D,2.c). For this project, within the shoreline environment, the Shoreline Master Plan
requirements take precedence over RSW-12 requirements where conflict exists.
a. Permitted Use. The principal use permitted in the Suburban IV shoreline environment is
detached single family dwelling units. Appurtenances normally associated with residential
occupancy, including grading of the subject property which does not exceed 499 cubic yards, are
also permitted. The grading proposed for the subdivision (2,000 cubic yards cut/fill) does not
include that grading done on the individual building lots during the preparation for single-family
residential construction. Any future grading on the individual lots must be less than 499 cubic
yards. The existing dock accessed from Lot 7 is proposed to remain. Any residential dock or
moorage facility proposed for Lots 6 or 8 would have to meet the applicable requirements of the
Shoreline Master Program.
b. Lot Size. Minimum lot size is 12,000 square feet landward of the OHWM, Proposed Lots 6,7
and 8 satisfy this requirement.
c. Required Yards, A 35 -foot setback is required from the OHWM in the Suburban IV
environment. Lots in the Suburban IV environment also have a 35 -foot rear setback, 10 -foot
side setbacks and 15 -foot street setbacks, Proposed Lots 6 — 8 meet these criteria.
The existing dock is centrally located on the parcel adjacent to Lake Ballinger (Exhibit 19). The
preliminary plat lot lines do not correspond exactly to those from the Snohomish County
Assessor's Office as indicated on the aerial photo. Rather, eastern bounds for Lots 6 — 8 on the
preliminary plat are drawn at the Ordinary High Water Mark (Exhibit 2). It would appear that
an extension of the lot line between Lots 7 and 8 would go through the dock itself. The
applicant must accurately determine the location of the eastern boundary lines of Lots 6 — 8. If
the dock straddles the property line between Lots 7 and 8, the dock must be removed since it
would not satisfy the 10 -foot side setback requirement.
d. Height. The height of a detached dwelling unit may not exceed 25 feet above average grade
level and accessory buildings may not exceed 15 feet above average grade level. Height
calculations will be verified at building permit whether for single family units or accessory
buildings.
F. Compliance with 23.40, Critical Areas
11. Critical Areas Review number: CRA -2008-0083.
Results of Critical Areas Review: During critical areas review of the subject property, a wetland was
identified to be on or adjacent to the parcel as defined in ECDC 23.40. As a result, a "Study
Required" determination was issued. To comply with this requirement, the applicant submitted a
Critical Areas Report by Wetland Resources, Inc., dated June 18, 2008 (Exhibit 6). This study
delineated and rated the wetland concluding that it is a Category 4 wetland based on the vegetation
and soils present as well as the wetland's function. Wetlands of this type require a 35 -foot buffer and
additional 15 -foot building setback per City code (ECDC 23.50.0401, Lc and 23.40.280,
respectively). The buffer and setback areas are noted appropriately on the preliminary plat (Exhibit
2).
2. Wetlands Performance Standards - Subdivisions.
EXHIBIT I
P-08-46 & SM -08-47
Hill Like Ballinger Plat
File No, P-08-46 & SM -08-47
Page 8 of I I
According to ECDC 23.50.060.B, "Land that is located partially within a wetland or its buffer may
be subdivided; provided, that an accessible and buildable contiguous portion of each new lot is
located outside of the wetland and its buffer." As the preliminary plat indicates (Exhibit 2), Lots 6, 7
and 8 will each contain a portion of wetland and buffer but each will also have suitable area that is
accessible and buildable for a potential single family residence.
3. Frequently Flooded Areas.
As discussed in Section II.D.S, a portion of the site is identified as Zone A on FEMA's flood
insurance rate maps. As such, development on the site is subject to the requirements of the
Frequently Flooded Areas code (ECDC 23.70). When specific development proposals are
anticipated for Lots 7 and 8, the flood hazard area on each lot must be analyzed in a study and
assessment per ECDC 23.70.020.
G. Technical Comments
The Engineering Division and the Fire, Public Works, and Parks and Recreation Departments have
reviewed this application. Public Works and Fire worked jointly with Engineering and included their
comments together in Exhibit 13. Parks and Recreation did not have any comments on the application
(Exhibit 20).
H. Public Comments
Two public comments were received regarding this subdivision application,
1. Scott Boye requested that a condition be added to the plat and Shoreline Permit restricting residential
docks to one joint -use dock for Lots 6 — 8 (Exhibit 17).
Response: According to Plate 6 from the Shoreline Master Program (Exhibit 16), Lake Ballinger is
a Conservancy 11 environment and the landward portion of the development is Suburban Residential
IV. ECDC 21.10.160_D.2 provides the option of joint docks in the Conservancy I environment but
not in Conservancy II. Staff cannot recommend a joint -use condition of approval but the final
decision is the Hearing Examiner's.
2. Robert Boye submitted information regarding historical water levels on Lake Ballinger, bottom land
ownership concerns, and a joint dock request similar to Scott Boye (Exhibit 18).
Response: The historical information on Lake Ballinger water levels provided by Mr. Boye
emphasizes the need for flood hazard studies and assessments on Lots 7 and 8 at the building permit
phase.
Regarding ownership of the bottom lands, the current parcel boundary maps using data from the
Snohomish County Assessor's Office indicates that the eastern bounds of the parcels terminate about
80 feet east of the lake's shoreline (Exhibit 19). As a result and without evidence to the contrary,
staff views the Lake Ballinger bottom lands to be state-owned aquatic lands as defined in ECDC
23A0.120.C.
With respect to joint -ownership of a dock, see the first response. As far as a dock being placed
adjacent to proposed Lot 6, such a dock would have to comply with the setbacks found in ECDC
23.10.160.F.3. In particular, a new dock. for Lot 6 would have to have a I0 -foot side property line
setback. Since the pipestem portion of Lot 6 is only approximately 14 feet wide at Lake Ballinger, it
does not appear that a residential dock would be possible on that lot.
EXHIBIT 1
P-08-46 & SM -08-47
Hill Lake Ballinger Plat
File No. P-08-46 & 5M-08-47
Page 9 of I I
I. Recommendation
Based upon the Findings of Fact and Conclusions related to the Subdivision Ordinance, the
Comprehensive Plan, the Zoning Ordinance, and Flood Plain Management regulations, as well as the
Exhibits submitted with the application and during the comment period, the following is the
recommendation of the City of Edmonds Planning Division:
The subdivision as proposed should be APPROVED with the following conditions:
X. This application is subject to the applicable requirements contained in the Edmonds Community
Development Code (ECDC). It is the responsibility of the applicant to ensure compliance with the
various provisions contained in these ordinances.
2. As required by ECDC 20.55.060, no construction authorized by an approved Shoreline Permit may
begin until 30 days after the final city decision on the proposal.
3. The applicant shall implement appropriate best management practices to limit additional phosphorus
from entering TMDL-limited Lake Ballinger.
4. The applicant must accurately determine the location of the eastern boundary lines of Lots 6 — 8. If
the dock straddles the property line between Lots 7 and 8, the dock must be removed.
5. Two permanent signs shall be installed, one on Lot 7 and one on Lot 8, at the western edge of the
wetland buffer per ECDC 23.50,040.6.2.
6. At building permit, any proposed single family development on Lots 7 and 8 shall require a flood
hazard study and assessment performed in accordance with the requirements found in ECDC 23.70.
7. Any future docks proposed for the waterfront lots must comply with the moorage structures and
facilities requirements of the Shoreline Master Program (ECDC 23.10.160). A new Substantial
Development Pen -nit shall be required for a residential dock if its value exceeds the annually -adjusted
permit threshold established by the Department of Ecology, as adopted by the City of Edmonds.
8. Prior to approval of the final subdivision, the applicant must complete the following requirements:
a) Complete the improvements found on the approved civil plans.
b) Submit copies of the recording documents to the City for approval. These documents shall
include on the plat all required information including, owner's certification, hold harmless
agreement, and staff approval blocks.
c) Submit to the Planning Division an updated title report which verifies ownership of the subject
property on the date that the property owner(s) sign the subdivision documents.
9. After recording the plat, the applicant must complete the following:
a) Provide the City Planning Division with three copies of the recorded plat, with the recording
number written on them. The subdivision will not be considered complete until this requirement
is met.
III. RECONSIDERATIONS AND APPEALS
The following is a summary of the deadlines and procedures for filing reconsiderations and appeals. Any
person wishing to file or respond to a recommendation or appeal should contact the Planning Department for
further procedural information.
A. Request for Reconsideration
Section 20.100,010.G allows for the Hearing Examiner to reconsider his/her decision if a written request
is filed within ten (10) working days of the posting of the notice required by this section. The
reconsideration request must cite specific references to the findings and/or the criteria contained in the
ordinances governing the type of application being reviewed.
EXHIBIT 1
P-08-46 & SM -08-47
Hill Lake Ballinger Plat
File No. P-08-46 & SM -08-47
Page 10 of l I
B. Appeals
Section 20.105.020 describes how appeals of a Hearing Examiner decision shall be made, The appeal
shall be made in writing and shall include: the decision being appealed along with the name of the
project, the date of the decision, the name of the individual or group appealing the decision, their interest
in the matter, and reasons why the appellant believes the decision to be wrong. The appeal must be filed
with the Community Development Director within fourteen (14) calendar days after the date of the
decision being appealed.
C. Time Limits for Reconsideration and Appeals
The time limits for Reconsiderations and Appeals run concurrently. If a request for a reconsideration is
filed before the time limit for filing an appeal has expired, the time "clock" for filing an appeal is stopped
until a decision on the reconsideration request is completed. Once the staff has issued his/her decision on
the reconsideration request, the time clock for filing an appeal continues from the point it was stopped.
For example, if a request is filed on day 5 of the appeal period, an individual would have 9 more days in
which to file an appeal after the staff issues their decision on the reconsideration request.
IV. LAPSE OF APPROVAL
Section 20.75. 100 states, "Approval of a preliminary plat or preliminary short plat shall expire and have no
further validity at the end of five years, unless the applicant has acquired final plat or final short plat approval
within the five-year period."
V. 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.
VI. EXHIBITS
1. Staff Report
2, Preliminary Plat Map (P-1)
3. Preliminary Utility Plans (PE1 and PE2)
4. Shoreline Permit Site Plan (P-2)
5. Title Report, dated July 3, 2008
6. Wetland Report, dated June 18, 2008
7. Edmonds School District Safe Walk form, dated August 1, 2008
8. Preliminary Drainage Report, dated July 15, 2008
9. Environmental Checklist, dated July 10, 2008
10. Determination of Nonsignificance, dated August 12, 2008
11. SEPA Response from Snohomish County PUD, dated August 21, 2008
12, SEPA Response from the Department of Ecology, dated August 26, 2008
13. City of Edmonds Engineering Division Requirements, dated August 13, 2008
14. Affidavits of Publication, Posting and Mailing
15. Traffic Impact Analysis
16. Plate #6, City of Edmonds Shoreline Master Program
17. Comment letter from Scott Boye
18. Comment letter and materials from Robert Boye
19. Aerial Photo of Project Site
20, City of Edmonds Parks and Recreation Comment form
21. Application and Trust Amendment
EXHIBIT 1
P-08-46 & SM -08-47
VII. PARTIES OF RECORD
Lau1•ie Iliil
Planning Division
24223 76'x` Avenue West Engineering Division
Edmonds, WA 98026 Fire Department
Public Works Department
Laurey Tobiason
Tobiason & Company Scott Boye
20434 10`h Place SW fhsaileoach@hotmail.com
Seattle, WA 98166-4106
Robert and Peggy Boye
23425 76" Avenue West
Edmonds, WA 98026
Hill lake Ballinger i'lal
File No. P-08-46 & SM -08-47
Page 11 oft l
EXHIBIT 1
P-08-46 & SM -08-47