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HE Decision PLN20170041 - Hyde Park.pdf1 2 /1 C 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CITY OF EDMONDS 121 51h Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION 10 BEFORE THE HEARING EXAMINER FOR THE CITY OF EDMONDS Phil Olbrechts, Hearing Examiner RE: Hyde Park Townhomes FINDINGS OF FACT, CONCLUSIONS Unit Lot Subdivision OF LAW AND FINAL DECISION PLN20170041 INTRODUCTION The Applicant is proposing to subdivide a 12-unit townhouse project that was recently constructed at 7232 - 7236 212th Street SW. The proposed preliminary plat is approved subject to conditions. ORAL TESTIMONY Mike Clugston, Associate City of Edmonds Planner, summarized the proposal. Sam Lai, Applicant, noted he had read the staff report and supported approval. Ex. 1 EXHIBITS Staff report with attachments 1-12 Procedural: Subdivision FINDINGS OF FACT P. 1 Findings, Conclusions and Decision 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1. Applicant/Owner. The owner is Edmonds 2112 LLC. The Applicant is Sam Lai. The contact address listed in the application for both owner and Applicant is 154 Lake Washington Blvd E, Seattle, WA 98112. 2. Hearing. The Hearing Examiner conducted a hearing on the application on December 14, 2017 at 3:00 p.m. at the Fourtner Room of Edmonds City Hall. Substantive: 3. Site/Proposal Description. The Applicant is proposing to subdivide a 12- unit townhouse project that was recently constructed at 7232 - 7236 212th Street SW. The dwelling units are grouped into three, 4-unit buildings, surrounding an access tract off 212th Street. All twelve proposed unit lots will front a central access drive (Tract 999) which connects to 212th Street SW. The unit lot subdivision will do nothing more than create parcel lines around the existing 12 dwelling units and access tract. There will be no change to the existing physical improvements at the site. However, appropriate maintenance provisions and easements will be established for the jointly - owned improvements, which will be managed through a homeowners' association created for the project. 4. Characteristics of the Area. The subject property and all adjoining properties are zoned General Commercial (CG). A mix of multifamily residential and commercial uses are typical in the area. 5. Adverse Impacts. The proposal will not create any significant adverse impacts since the proposal only involves a change in ownership'. There will be no associated changes to use, physical environment or project impacts. Review under the State Environmental Policy Act (SEPA) was completed with the design review for the 12-unit Hyde Park Townhome project. A determination of nonsignificance was issued on December 1, 2014 and was not appealed. The existing checklist and determination were adopted for this application because that determination addressed the environmental impacts of the project and no additional environmental impacts were anticipated from this unit lot plat (Attachment 7). 6. Adequacy of Infrastructure and Public Services. The proposal will be served by adequate and appropriate infrastructure. The adequacy of drainage, transportation facilities, parks and open space, water and sewer and schools was assessed and found to meet City standards when the building permits for the townhome project were approved in 2014. The proposed change in ownership does not create any additional demand or need for mitigation for these public services. Under principles of nexus and proportionality, these prior findings of adequacy are construed as applying to the 1 "Change in ownership" or similar references in this decision are intended to mean that the proposed ownership structure is changed from one ownership of the entire project site into multiple ownerships of each unit lot. Subdivision p. 2 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 proposed conversion in ownership. See, e.g., Kitsap Alliance of Property Owners v. Central Puget Sound Growth Management Hearings Board, 160 Wn. App. 250 (2011). CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner. ECDC 20.01.003 provides the Hearing Examiner with the authority to hold a hearing and issue a final decision on preliminary plat applications, classifying them as Type III-B applications. ECDC 20.75.045(K) provides that unit lot subdivisions of five or more lots shall be processed as preliminary plat applications. Substantive: 2. Zoning n�. The subject property is zoned General Commercial (GC). 3. Review Criteria and Application. Chapter 20.75 ECDC governs the review criteria for subdivisions, including unit lot subdivisions. Relevant criteria are quoted below and applied through corresponding conclusions of law. UNIT LOT SUBDIVISION STANDARDS ECDC 20.75.045 ECDC 20.75.045(A): Purpose. The unit lot subdivision process provides opportunities for dividing fee simple ownership of land to create townhouses, rowhouses and similar fee -owned dwelling units as an alternative to both condominium ownership and traditional single-family detached subdivision. Unit lot subdivisions determine compliance with the relevant dimensional standards of ECDC Title 16 by analyzing whether the parent lot complies, but not requiring that each newly created lot within the unit lot subdivision (the unit lot) complies, with those dimensional standards. A unit lot subdivision does not permit uses or densities that are not otherwise allowed in the zoning district in which the unit lot subdivision is proposed. 4. The proposed unit lot subdivision will create fee ownership of townhome units, which is one of the purposes of a unit lot subdivision per ECDC 20.75.045. The proposal will comply with all applicable development standards as contemplated by ECDC 20.75.045 as assessed by the conclusions of law below. ECDC 20.75.045(B): Applicability. The provisions of this section apply exclusively to the subdivision of land for single-family dwelling units, townhouse, and rowhouses and may be applied only in the following zones: multiple residential, general commercial, and Westgate mixed -use. A single lot within a unit lot subdivision may contain multiple Subdivision p. 3 Findings, Conclusions and Decision 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 dwelling units when the unit lot contains all such dwelling units within one building. Flats are permitted as an element of a unit lot subdivision only when a single lot within a unit lot subdivision contains the entire building in which flats are located. 5. The proposal is limited to creating fee ownership townhomes in the GC zone as authorized by ECDC 20.75.045(B). ECDC 20.75.045(C): Association with Site Development —Application Timing. In the case of a vacant lot or a redevelopment site, a preliminary unit lot subdivision can only be submitted in conjunction with or subsequent to a development site plan as required by Chapter 20.10, 20.11, or 20.12 ECDC, or in the case described in ECDC 20.10.020(B)(3) submitted in conjunction with or subsequent to a building permit. 6. ECDC 20.75.045(C) is inapplicable as no development or redevelopment is proposed. ECDC 20.75.045(D): Conformance with Standards of the Parent Lot. The parent lot must comply with and is vested to the applicable development standards (ECDC 20.75.030(E)) in effect at the time a complete application for preliminary unit lot subdivision is submitted. As a result of the unit lot subdivision, the individual unit lots within the subdivision may be nonconforming with respect to the bulk and dimensional standards required by ECDC Title 16. As with dimensional standards, compliance with access standards, including but not limited to fire lanes, drive aisles, turn-arounds, and access of/to the parent lot from/to the street will be evaluated based on the parent lot's compliance with such requirements, and not based on whether individual unit lots meet such standards. 7. The proposal is consistent with all applicable standards for the reasons identified at pages 5-6 of the staff report. As noted in the staff report, the parent lot is in fact noncompliant with the bulk and dimensional standards that vested to the subject unit lot subdivision application, but the nonconformity is authorized by the City's nonconforming use standards, ECDC 17.40, because the proposal does not increase the degree of nonconformity as required by ECDC 17.40.020(B). ECDC 20.75.045(E): Future Additions and Modifications. Subsequent platting actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the parcel lot. Changes requiring permitting that affect only the interior of building units will be evaluated for compliance with the requirements only for that unit. Any exterior changes will be evaluated for compliance by considering whether the parent lot would still comply with applicable development standards. Any application for such external changes will require authorization of all owners of affected unit lots or approval of the HOA where changes to commonly owned tracts are proposed. Subdivision p. 4 Findings, Conclusions and Decision 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8. The conditions of approval require City approval of recorded homeowner association documents that provide notice and conformance to the criterion above. ECDC 20.75.045(F): Homeowners' Association Ownership of Common Areas. Any commonly used areas or facilities within a unit lot subdivision, including but not limited to common access, garage or parking areas, common open space or recreation space, common courtyards, commonly used stormwater facilities or side sewers and other similar features, must be owned and maintained by a homeowners' association with the right to assess the individual unit lot owners as necessary to properly maintain and repair such areas. Appropriate documentation regarding the rights of the homeowners association must be submitted for recording with the final plat. 9. The conditions of approval require City approval of recorded homeowner association documents that provide notice and conformance to the criterion above. ECDC 20.75.045(G): Maintenance Agreements for Building Exteriors. Maintenance agreements must be executed and recorded as an element of the final unit subdivision plat or short plat for maintenance of all building exteriors except in cases where all dwelling units are detached. The maintenance agreement must require equal participation by all owners within any one building and must be recorded on the final unit lot plat. The requirement does not apply to detached single family dwelling units. Common wall construction must meet currently adopted building codes. 10. The conditions of approval require City approval of recorded homeowner association documents that provide notice and conformance to the criterion above. As existing buildings that have acquired building permit approval, the project has already demonstrated compliance with common wall building code standards. ECDC 20.75.045(H): Parking on Different Unit Lots Allowed. Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot than the lot with the dwelling unit as long as the right to use that parking is formalized by an easement on the final plat. 11. The conditions of approval require City approval of recorded homeowner association documents that provide notice and conformance to the criterion above. All required parking stalls will be on the lots serving each unit, so no easements are necessary for them. However, homeowner easements and maintenance responsibility will be necessary for shared guest stalls. ECDC 20.75.045(I): Notice of Unit Lot on the Final Plat. The fact that the unit lot is not a separate buildable lot and that additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot must be noted on the final plat. 12. The proposal is conditioned to comply with the criterion above. Subdivision p. 5 Findings, Conclusions and Decision 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ECDC 20.75.045(J): An application for final unit lot plat will not be accepted until all foundations, including common wall foundations, are installed and located on the face of the final plat by the land surveyor of record. 13. The site is already fully developed and no alterations are proposed. The application for final plat may be submitted at any time after the approval of the preliminary plat. GENERAL FINDINGS FOR SUBDIVISION APPROVAL ECDC 20.75.080 ECDC 20.75.080(A): Subdivision Ordinance. The proposal is consistent with the purposes of this chapter (as listed in ECDC 20.75.020) and meets all requirements of this chapter. 14. The proposed unit lot subdivision is consistent with the purpose of the subdivision ordinance as identified in ECDC 20.75.020. As determined in Findings of Fact No. 5 and 6, the proposal will be served with adequate and appropriate infrastructure and will not create any significant adverse impacts. For these reasons, the objectives of subdivision review are met, specifically the proposed subdivision will not negatively impact public health, safety or general welfare, will not negatively impact congestion on streets and highways, has adequate access to water, utilities, sewerage, storm drainage and provides proper ingress and egress and will be uniformly monumented. The proposal is also consistent with all other requirements of Chapter 20.75 ECDC as all pertinent provisions are applied in this decision and found to be compliant. ECDC 20.75.080(B): 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. 15. The proposal is consistent with the Comprehensive Plan for the reasons identified at pages 8-9 of the staff report. ECDC 20.75.080(C): Zoning Ordinance. The proposal meets all requirements of the zoning ordinance, or a modification has been approved as provided for in this chapter. 16. The proposal is consistent with the zoning ordinance. The existing buildings were found to be consistent with applicable zoning standards when they were approved in 2014. The City's nonconforming use provisions authorize any nonconformity to zoning standards vested under the subject application as identified in Conclusion of Law No. 7. ECDC 20.75.050(D): Floodplain Management. The proposal meets all requirements of the Edmonds Community Development Code relating to floodplain management. Subdivision p. 6 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17. The proposed project is not located within a designated flood plain management area. REVIEW CRITERIA FOR SUBDIVISION APPROVAL ECDC 20.75.085 ECDC 20.75.085(A): Environmental. 1. 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. 2. 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. 3. 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. 4. The proposal shall be designed to minimize off -site impacts on drainage, views and so forth. 18. The criterion is satisfied. The proposal only involves a change in ownership with no modifications to the built environment, so no environmental or other adverse impacts are anticipated as determined in Finding of Fact No. 5. No grading is proposed and no hazardous impacts are associated with the change in ownership. ECDC 20.75.085(B): Lot and Street Layout. 1. 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. 2. 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. 3. Each lot shall meet the applicable dimensional requirements of the zoning ordinance. Subdivision p. 7 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4. Pedestrian walks or bicycle paths shall be provided to serve schools, parks, public facilities, shorelines and streams where street access is not adequate. 19. The criterion quoted above is met. Since each lot accommodates one existing single-family dwelling, each of the lots clearly accommodates a usable building area. All twelve proposed unit lots will front the central access drive (Tract 999), which is not a highway, arterial or collector street. The unit lots do not have to meet the dimensional standards of the zoning ordinance as authorized by ECDC 20.75.045(D). The civil and building plans (att. 4 and att. 5) show that the project site was developed with sidewalks. ECDC 20.75.085(C): Dedications. 1. The city council may require dedication of land in the proposed subdivision for public use. 2. 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. 3. 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 plat. 20. No dedications are necessary for the proposal. ECDC 20.75.085(D): Improvements. 1. 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. 2. 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 a. ECDC Title 18 Public Works Requirements; b. 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. Subdivision p. 8 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21. As determined in Finding of Fact No. 6, the proposal is served by adequate public infrastructure and no further improvements are necessary. All required City staff reviewed the existing development in the 2014 review. ECDC 20.75.085(E): Flood Plain Management. All subdivision proposals shall comply with the criteria set forth in the Edmonds Community Development Code for flood plain management. 22. This project is not in a Flood Plain Management area. DECISION All subdivision criteria are met and the unit lot preliminary plat is approved as proposed in Ex. 1 att. 3 and as described in this decision, subject to the following conditions: 1. Prior to recording, the applicant must complete the following requirements: a) Complete the Engineering Division conditions listed "Required as a Condition of Subdivision" in Attachment 10. b) Make the following revisions to the plat: (1) Add: "Conditions of approval must be met and can be found in the approval for the subdivision located in File No. PLN20170041 in the City of Edmonds Planning Division." (2) Include on the plat all required information, including owner's certification, hold harmless agreement, as well as the Development Services, Public Works, and Mayor's approval blocks. c) Make sure all documents to be recorded meet the Snohomish County Auditor's requirements for recording. 2. Submit draft homeowners' association documentation including requirements for future additions and modification, the maintenance of building exteriors and all other shared facilities for approval by City staff. City staff shall base their approval on the documents providing sufficient notice and ensuring compliance with ECDC 20.75.045(E), (F) and (G). The documents shall provide for homeowner association maintenance responsibilities and easements for guest parking stalls. 3. Submit an updated copy of the title report with the documents proposed to be recorded. The title report must be prepared within 30 days of submittal for final review. 4. Submit two copies of the plan sheets to be recorded for City review and approval. Once approved, the City Clerk will record the documents at the Snohomish County Auditor's office. 5. The final plat shall include a notice as required by ECDC 20.75.045(I) that the unit lot is not a separate buildable lot and that additional development of the Subdivision P. 9 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 individual unit lots may be limited as a result of the application of development standards to the parent lot must be noted on the final plat. Dated this 2nd day of January 2018. PhTtr A.Olbrcchts City of Edmonds Hearing Examiner Appeal Right and Valuation Notices A party of record may submit a written appeal of a Type III-B decision within 14 days of date of issuance of the decision. The appeal will be heard at a closed record review bef the City Council according to the requirements of ECDC Chapter 20.07. Affected property owners may request a change in valuation for property tax purposf notwithstanding any program of revaluation. Subdivision P. 10 Findings, Conclusions and Decision