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P084chg 4 stf rpt & atts.pdfCITY OF EDMONDS C21 - STH AVENUE NORTH, EDMONDS, WA 98020 Applicant: Ardsley Homes, LLC (Lyle Landrie rep.) l2 '1�„ r From: Mike Clugston, AICP Associate Planner Date: June 5, 2014 File: PLN20080046 – Minor change #4 to Hill -Lake Ballinger approved preliminary plat 1. SUMMARY OF PROPOSED ACTION The applicant is proposing a fourth minor change to the lw� P L S 241sT IST- SW,,'' R former Hill -Lake Ballinger plat —%k J, (since renamed Shoreshire plat), which received IS U) , preliminary approval from the U4 LU RS -8 -4 --- - ------ Hearing Examiner on October "Ji, 16, 2008. 2420 PL S W This change involves shifting the road and lake accesses of ......... -L L Lots 5 and 6 back to that which . . . . . ......... ...... ........ .. ........ ....... .. ..... .. ... . had originally been approved by sit6,, _A/, -A- ,W the Hearing Examiner. These .. ... . ... -,E""' accesses had been shifted as part of previous minor change (#2) to facilitate access to an existing City sewer line near –4, -- Lake Ballinger. According to the Edmonds Community Development Code in City of Edmonds 7oning Map, May 10, 2013 ECDC 20.75.110.A, minor changes to an approved preliminary plat must be processed as a 'Type 11 decision. Minor change #4 to Hill -Lake Ballinger preliminary plat File No. PLN20080046 Page 2 of 6 �VIVIPIRAGILIIIG A. Applicant: Ardsley Homes, LLC (Lyle Landrie rep.) B. Site Location: 24219-24227 76th Avenue West (Tax IDs 00488800702000, 00488800601501,00488800601502,00488800601503) C. Request: Minor change to road and lake accesses for Lots 5 and 6 (zoned RSW-12) D. Review Process: A minor change to an approved preliminary plat is a Type II permit. Following a public comment period, the Director makes an administrative decision. E. Maior Issues: 1. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.75, subdivision ordinance. 2. Compliance with ECDC Chapter 20.01, development permit review requirements. 3. Compliance with ECDC Section 16.20.030, site development standards for residential zones. 4. Compliance with ECDC Title 18, public works requirements. 5. Compliance with ECDC Chapter 20.15A, environmental review. 6. Compliance with ECDC Chapter 23.10, shoreline master program. ■ EXIIIII & I 4ZW, 1. Hearing Examiner's approval decision for Hill -Lake Ballinger preliminary plat, dated October 16, 2008 2. Minor change #1 approval decision to Hill -Lake Ballinger (Shoreshire) preliminary plat, dated December 12, 2012 3. Minor change #2 approval decision to Hill -Lake Ballinger (Shoreshire) preliminary plat, dated July 30, 2013 4. Minor change #3 approval decision to Hill -Lake Ballinger (Shoreshire) preliminary plat, dated February 6, 2014 5. Land use application for minor change #4, received May 1, 2014 6. Preliminary Plat Map approved by the Hearing Examiner (Sheet P-1, dated 7/5/08) 7. Preliminary plat map (Minor Change #1) approved by staff (Sheet PP -01, dated 10/5/12) 8. Preliminary plat map (Minor Change #2) approved by staff (Sheet PP -01, dated 5/23/13) 9. Preliminary plat map (Minor Change #3) approved by staff (Sheet PP -01, dated 12/8/13) 10. Proposed Preliminary Plat Map (Sheet PP -01 revised 4/29/14) 11. Proposed Shoreline Permit Plan (Sheet SP -01 revised 4/29/14) 12. Proposed Preliminary Utility and Road Plans (Sheets PU-01 and PU-02, revised 4/29/14) 13. Ecology Notification of Receipt of Approved SDP, dated November 7, 2008 Minor change #4 to Hill -Lake Ballinger preliminary plat File No. PLN20080046 Page 3 of 6 14. Adoption of Existing Environmental Document, dated June 3, 2014 15. Public notice documentation 16. Engineering Division comments 17. Title report X8181 0 [6111 RI [610 1. Changes to approved preliminary plats. a. The eight lot Hill -Lake Ballinger plat was granted preliminary approval on October 16, 2008. (Attachments 1 & 6) b. The original preliminary plat was reduced to seven lots through a minor change approved on December 13, 2012. (Attachments 2 & 7) c. A second minor change to the preliminary plat shifting lake access of Lot 5 was approved on July 30, 2013. This change also revised access to Lot 6 shifting it from direct access to the proposed plat road to an easement for Lot 6 over Lot 5. (Attachments 3 & 8) d. A third minor change to the preliminary plat was approved February 6, 2014, which corrected external lot lines which had previously been shown incorrectly on prior surveys. (Attachments 4 & 9) e. According to ECDC 20.75.110.A: The community development director may approve as a Type 11 decision (staff decision — notice required) minor changes to an approved preliminary plat, or its conditions of approval. If the proposal involves additional lots, rearrangement of lots or roads, additional impacts to surrounding property or other major changes, the proposal shall be reviewed in the some manner as the original application. f. The subject revision involves re-establishing access for proposed Lot 6 which was originally approved by the Hearing Examiner on October 16, 2008. (Attachment 6) A previous minor change (#2) approved by staff on July 30, 2013 altered this access from being directly to the plat road to an easement over Lot 5 to facilitate maintenance of an existing City sewer line near Lake Ballinger. (Attachment 8) However, lot access specifically for RSW-12 parcels must be approved by the Hearing Examiner in accordance with Footnote 4 in ECDC 16.20.030. The subject minor change proposes to revert access to Lot 6 from the easement approved in Minor Change #2 back to direct access to the plat road as was originally approved by the Hearing Examiner. (Attachment 10) Lake access for Lot 5 will also revert back to being on the south side of Lot 6 as it was approved by the Hearing Examiner. The proposed change does not involve additional lots, rearrangement of lots or roads, nor additional impacts to surrounding property. Minor change #4 to Hill -Lake Ballinger preliminary plat File No. PLN20080046 Page 4 of 6 g. The requested minor change to the approved preliminary plat meets the requirements of ECDC 20.75.110.A. 1. Lot Layout a. Each proposed lot must meet the dimensional requirements of the zoning ordinance in ECDC 16.20.030. The basic layout of the lots proposed in this Minor Change #4 (Attachment 10) remains unchanged from Minor Change #3 (Attachment 9) except that the lot and lake accesses for Lots 5 and 6 will revert back to a layout similar to that approved by the Hearing Examiner in 2008. Lot 6 will again have direct access to the proposed plat road rather than an easement over Lot 5 and Lot 5 will take lake access south of Lot 6 as opposed to north. (Attachment 6) b. Lot Area The following table summarizes the minimum required lot area for the RS -8 and RSW-12 zones (in square feet): Original Proposal- Required -. Original Area' •-. •-. - •- •- ® :111 : •• ® .7171 1 : •��� ====M=!_ 2,536 gross..�= •• 2. Lot Width The required minimum lot width in the RS -8 zone is 70 feet. Each of the four RS - 8 lots on the west side of the plat meets this requirement. The three RSW-12 parcels on the east side of the plat are not required to have a minimum lot width; however, each has a width in excess of 60 feet and also has frontage on the ordinary high water line and the plat road as approved by the Hearing Examiner in accordance with ECDC 16.20.030 (sub 4). The Hearing Examiner approved a Shoreline Substantial Development Permit (PLN20080047) with the preliminary plat pursuant to the requirements in ECDC 23.10. (Attachment 1) Minor change #4 to Hill -Lake Ballinger preliminary plat File No. PLN20080046 Page 5 of 6 2. The decision was sent to the Department of Ecology who received it on November 3, 2008. (Attachment 13) November 3, 2008 became the effective date of the Substantial Development Permit (SDP). 3. The proposed change to the accesses for Lots 5 and 6 does not require a revision to the SDP in accordance with WAC 173-27-100 since the change is within the scope and intent of the original shoreline substantial development permit. 1. Due to the number of lots being created and because a shoreline substantial development permit was required for the development, an environmental determination was required. 2. A determination of nonsignificance was issued by the City of Edmonds on August 12, 2008 and was not appealed. 3. The existing determination and checklist were adopted as part of the subject minor change request since there will be no additional environmental impacts associated with shift accesses for Lots 5 and 6. (Attachment 14) On May 13, 2014, a notice of development application and public comment period was published in the Everett Herald newspaper and posted at the subject site, as well as the other required locations (the Public Safety Building, City Hall, and the Edmonds Library). The notice was also mailed to property owners within 300 feet of the site. The City has complied with the noticing provisions in ECDC 20.03. (Attachment 15) 1. Public Comments No public comments were received regarding the proposed minor revision. 2. Technical Comments The Engineering Division reviewed the proposed minor change and found that it would not impact the Division. (Attachment 16) 1Lim.. WOU11 Based upon the Findings of Fact, Conclusions and Attachments submitted with the application and during the comment period, the following is the decision of the City of Edmonds Planning Division: subjectThis ,. to the preliminary approvalof - Ballinger APPROVED(Shoreshire) Plat is + Octoberthe Hearing Examiner's f l decision, - r - . by the December M Minor change #4 to Hill -Lake Ballinger preliminary plat File No. PLN20080046 Page 6 of 6 minordecision, A party of record may submit a written appeal of a Type II decision within 14 days of the date of issuance of the decision. The appeal will be heard at an open record public hearing before the Hearing Examiner according to the requirements of ECDC Chapter 20.06 and Section 20.07.004. 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. Planning Division Engineering Division Laurie Hill & Kathy Maag 24223 76th Ave. W Edmonds, WA 98026 Lyle Landrie Ardsley Homes, LLC 16109 Ash Way, Suite 201 Lynnwood, WA 98087 Alvin Rutledge 7101 Lake Ballinger Way Edmonds, WA 98026 Scott Boye PO Box 2265 Friday Harbor, WA 98250 Robert and Peggy Boye 23425 76th Ave. W Edmonds, WA 98026 Lynn & Stephen Yarnall 24213 76th Ave. W Edmonds, WA 98026 Ken Peirce 24005 74th Ave. W Edmonds, WA 98026 Wen -Fong Chang 7510 242nd Place W Edmonds, WA 98026 Rob Long The Blueline Group, LLC 25 Central Way, Suite 400 Kirkland, WA 98033 'tJJ C' IS9 \3 CITY OF EDMONDS 121 5TH AVENUE NORTH - Edmonds, WA 98020 - (425) 771-0220 - FAX (425) 771-0221 HEARING EXAMINER In the Matter of the Application of Laurie Hill For a Formal Plat and Shoreline Substantial Development Permit NOS. P-08-46 SM -08-47 FINDINGS, CONCLUSIONS, AND DECISION GARY HAAKENSON MAYOR The request for a formal plat to subdivide approximately 2.21 acres into eight single-family residential lots and a shoreline substantial development permit to allow development of three of the lots within the shoreline jurisdiction of Lake Ballinger at 24223 — 24227 — 76'h Avenue West in Edmonds, Washington is "PROVED, subject to conditions. Request: Laurey Tobiason, of Tobiason & Company, on behalf of Laurie Hill (Applicant), requested approval of a formal plat to subdivide approximately 2.21 acres into eight single-family residential lots, and a shoreline substantial development permit to allow development of three of the lots within the shoreline jurisdiction of Lake Ballinger, at 24223 through 24227 - 76"' Avenue West in Edmonds, Washington, Hearing Date: The Edmonds Hearing Examiner held an open record hearing on the request on October 2, 2008. Testimony: At the open record hearing the following individuals presented testimony under oath: I . Michael Clugston, Planner, City of Edmonds 2, Laurey Tobiason, Applicant Representative 3. Lynn Yarnall 4. Ken Pierce 5, Scott Boye 6: Alvin Rutledge Findings, Conclusions, and Decision City ref Edmonds Hearing Examiner McArthur Patterson Plat, No, P-08-46ISM-08-47 111, 1890 ATTACHMENT 1 PLN20080046 iflUOR CHANGE #4 Exhibits: The following exhibits were admitted in the record: 1. City of Edmonds Planning Division Staff Report 2, Preliminary Plat Map (11x17 and 2406) (referred to as Plat Map) 3. Preliminary Utility plans (11x17 and 24x36) 4. Shoreline Permit Site Plan 5. Title report, dated July 3, 2008 6, Wetland Report, dated June 18, 2008 7. Edmonds School District 15 Safe Walk Form 81 Preliminary Drainage Report, dated July 15, 2008 9. Environmental Checklist, dated July 10, 2008 10, Determination of Non -Significance, dated August 12, 2008 11. Snohomish County PUD Comments, dated August 21, 2008 12, Department of Ecology Comments, dated August 13, 2008 13. Engineering Division Requirements Form, prepared August 13, 2008 14, Affidavits of publication, posting, and mailing 15. Traffic Impact Worksheet 16. City of Edmonds Shoreline Master Program, Plate #6 17. Comment letter from Scott Boye 18, Comment letter and materials from Robert Boye 19. Aerial photo of subject property 20, City of Edmonds Parks and Recreation comment form 21. Applications and trust amendment 22. Comment letter from Wen-fong Chang 23, Tree retention plan, submitted by Applicant Upon consideration of the testimony and exhibits submitted in the record, the Hearing Examiner enters the following findings and conclusions: FINDINGS 1. The Applicant requested formal plat approval to subdivide approximately 2.21 acres into eight single-family residential lots between Lake Ballinger and 70h Avenue West. The Applicant also requested shoreline substantial development permit (SSDP) approval to allow development of three of the lots within the shoreline jurisdiction of Lake Ballinger. The subject property is located at 24223 — 24227 — 76'h Avenue West in Edmonds, Washington.' Exhibit 2, Plat Map, Exhibit 1, page 2; Exhibit 21, Applications. 2. The subject property is comprised of four lots, three of which are developed with single- family homes, The project site abuts Lake Ballinger to the east and 76th Avenue W to the west. The large lot closest to the lake is vacant. Surrounding parcels to the north and south are developed with single-family residences, Parcels west of 76th Avenue W are developed with commercial uses, consistent with commercial zoning designations. All ' The subject property is comprised of four tax parcels: 00488800601503, -1502, -1501, and 00488800702000. The legal description of the location of the tax parcels is a portion of the southwest quarter of the southwest quarter of Section 32, Township 27 North, Range 4 E, W.M. Exhibit 2, Plat Map. Findings, Conclusions, and Decision City of Edinonds Hearing Examiner McArthur Patterson Plat, No. P-08-46/SM--08-47 page 2 of 19 three existing residences on-site would be removed, while an existing dock at the waterline would be retained. Exhibit 1, page 2; Testimony of Mr. Tobiason: 3. The site slopes gently from west to east (to the lake) and is vegetated with typical residential landscaping, including several large trees. The edge of the site adjacent to the lake contains a large lawn. Exhibit 1, page 2; Testimony of Mr. Clugston: 4. During preliminary project review, a wetland was identified in the shorelands area adjacent to the lake at the east end of the site: The Applicant submitted a professionally prepared Critical Areas Report, which delineated and rated the wetland consistent with the requirements of Edmonds Community Development Code (ECDC) section 23,50.0 10,2 The on-site portion of the lake fringe wetland was rated as a Class 4 wetland, because it scored 25 on the city of Edmonds wetland field data form. Exhibit 6, Critical Area Study; ECDC 23.50.010, A minimum 35 -foot buffer must be provided for the wetland. ECDC 23.50.040. F.1. d. 5. The existing 35 -foot area adjacent to the wetland edge is dominated by a maintained lawn. Cattails, rush, and hardhack grow at the water's edge. The lawn in the area of the standard buffer width provides good stormwater storage and also water quality treatment for surface runoff; however,water quality functions are limited by typical lawn care practices including fertilizer and pesticide application. The Applicant proposes to retain the lawn in its existing condition within a native growth protection area, to be noted as such on the final plat. The City did not require any changes to existing vegetation. The City currently has no regulations prohibiting the application of lawn care chemicals within critical area buffers. Exhibit 6, Critical Areas Study; Exhibit 1, page 7; Testimony of Mr. Clugston, 6. The City of Edmonds' Shoreline Master Program designates Lots 6, 7, and 8 as located within the Suburban Residential IV Shoreline Environment along Lake Ballinger, A shoreline substantial development permit (SSDP) is required for the construction of more than one detached dwelling unit in this shoreline environment: Exhibit 16; Testimony of Mr. Clugston; Edmonds Community Development Code (ECDC) 23.10.120. 7. None of the proposed development would occur waterward of the ordinary high water mark: No bulkhead, breakwater, dredging, filling of shorelands, new dock, or moorage 2 ECDC 23.50.010.17. Lake Ballinger. Lake Ballinger is designated on the U.S. National Wetlands Inventory as a lacustrine (lake) environment and should not be delineated as a wetland in its entirety. Lake fringe wetlands existing along the periphery of Lake Ballinger shall be identified according to specific criteria provided in the Washington State Wetlands Identification and Delineation Manual (Ecology Publication No. 96-94, 1997) and updated guidance provided in Washington State Wetlands Rating System for Western Washington — Revised (Ecology Publication No. 04-06-025, 2004). Consistent with guidance for delineating lake fringe wetlands provided in these resources, the existence of jurisdictional wetlands along Lake Ballinger shorelines shall be largely based upon the presence of persistent emergent vegetation in shoreline areas less than 6.6 feet in depth. Provisions for protection of Lake Ballinger shorelines not meeting criteria for jurisdictional wetlands are provided in the city of Edmonds shoreline master program. [Ord. 3527 § 2, 2004]. Findings, Conclusions, and Decision City of Edmonds Hearing Examiner McArthur Patterson Plat, No. P-08-46/SM-08-47 page 3 of 19 facility is proposed. Testimony of Mr. Clugston; Testimony of Mr. Tobiason; Exhibit 2, Plat Map, 8. Planning Staff identified the following Comprehensive Plan goals and policies as applicable to development of the subject property: Residential Development, Goal B: 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.1. Encourage those building homes to design and construct homes with architectural lines that enable them to harmonize with the surroundings.:. ; 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...; BA. Support retention and rehabilitation of older housing ...when economically feasible; B.5. Protect residential areas from incompatible land uses through the careful control of other types of development... based on these principals: B5a Residential privacy is a fundamental protection to be upheld by local government; B5b Traffic not directly accessing residences in a neighborhood must be discouraged; B5c Stable property values must not be threatened by view, traffic, or land use encroachments; B5d 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. Exhibit 1, page 3, citing City of Edmonds Comprehensive Plan. 9. The proposed increase in density would be consistent with the densities prescribed for the area in the Comprehensive Plan. By keeping all development activities outside the delineated wetland and its buffer area, the project would avoid adverse environmental impacts. Due to the low elevation of the subject property and its east -west orientation; the proposal would not significantly impact the views of existing uses. The project would not bring in new traffic not associated with the proposed residential units. Exhibit 1, pages 3, 5; Testimony of Mr. Clugston; Testimony of Mr. Tobiason. 10. The site contains two zoning designations. Roughly the western half of the site, along 76`x' Avenue W, the site is zoned single-family residential RS -8, while the eastern half of Findings, Conclusions, and Decision City of Edmonds, Hearing Examiner McArthur Patterson Plat, No. P-08-46/SM-08-47 page 4 of 19 the site adjacent to the lake is zoned single-family RSW-12. Single-family dwelling units are allowed uses in both zones. The RS -8 zone requires a minimum lot area of 8,000 square feet and a minimum lot width of 70 feet. The maximum density allowed in this zone is 5.5 dwelling units per acre: Construction in the RS -8 zone must be set back 25 feet from streets, 7.5 feet from side lot lines, and 15 feet from rear lot lines. The RSW-12 zone requires a minimum lot area of 12,000 square feet and frontage on the ordinary high waterline. Structures in the RSW-12 zone must beset back a minimum of 15 feet from streets, 10 feet from side lot lines, and 35 feet from rear lot lines: The maximum density allowed in the RSW-12 zone is 3.7 dwelling units per acre. There is no minimum density required in either zone. Overall lot coverage by structure on the new lots would be limited to 35%. Each proposed lot would be required to provide a minimum of two off- street parking spaces. Exhibit 1, page 2; Exhibit 2, Plat Map; Edmonds Community Development Code (ECDC) 16.20.010, .030. 11. As proposed, the site would be divided into eight single-family lots. Five of the lots would fall within the RS -8 portion of the site. Each would be at least 8,000 square feet in area and at least 70 feet wide, except for proposed Lot 5, which is depicted on the plat map as 69.59 feet wide at its widest point. The lots are irregularly shaped. The remaining three lots are proposed within the RSW-12-zoned portion of the site. Each of these lots would exceed 12,000 square feet in area. Lots 7 and 8 front the lake directly, while Lot 6 has a panhandle frontage of 14.38 feet along the site's southern boundary. The overall density for the project is proposed to be 3.7 dwellings per acre. The plat map depicts a building envelope in each proposed lot that could accommodate construction a residence with a garage outside of required setbacks. Exhibit 2, Plat Map; Testimony of Mr. Tobiason; Exhibit 1, page 5. 12. The record contains conflicting evidence regarding the eastern boundary of the subject property. According to the Applicant's Plat Map, based on a privately commissioned survey, the boundary of the plat ends west of the ordinary high water mark (OHWM) by 17 feet at the southern site boundary and 25 feet at the northern site boundary. Snohomish County Assessor records show the subject property extending approximately 80 feet east of the OHWM. At time of hearing, the Applicant had been unable to verify exact property boundaries. However, no development is proposed within any area east of the western edge of the proposed wetland buffer. The total area of each proposed lot excludes any property east of a point slightly west of the OHWM. Exhibit 2, Plat Map; Testimony of Mr. Tobiason; Exhibit 19; Exhibit 18; Exhibit 1, page 8. 13. The existing residences on-site take access from a private road or shared driveway in the middle of the subject property's frontage on 76th Avenue W. The proposal would remove that access point and replace it with a single access located along the north boundary of the site. The new access road, proposed as 243rd Place SW, would be built to City Road Standards established in ECDC 18.80, providing a 30 -foot right-of-way, 20 feet of paved road width, curbs, and gutters. It would be dedicated to the City as a new public road, terminating in a hammerhead at its east end to provide emergency vehicle access. A sidewalk along the south side of the road would provide pedestrian connection for all lots Findings, Conclusions, and Decision City of Edmonds Hearing Examiner McArthur Patterson Plat, No. P-08-46/SM--08-47 page S of 19 to 76`h Avenue W. Exhibit 2, Plat Map; Exhibit 1, page 5. Property frontage along 76`h Avenue W is already improved with curb, gutter, and sidewalk. Exhibit 8, page 1. 14. The Applicant submitted a traffic impact analysis worksheet (worksheet), prepared by Tobiason & Company. The worksheet described sight distance at the proposed ingress as "good", explaining that the road is straight, without topographical variations that result in blind spots. Detailed traffic impact analysis was not required because the project would generate fewer than 25 new peak hour trips. The worksheet proposes payment of traffic impact fees in the amount of $4,203.60, Exhibit 15, The City accepted the worksheet as addressing required traffic impact analysis. Testimony of Mr. Clugston. 15. Existing transit service to the site consists of a Community Transit stop on 76'h Avenue W, Metro bus service at the nearby intersection of 76`h Avenue W and State Route 104, and two park and ride facilities within one mile of the subject property (the Shoreline Park & Ride and the Aurora Village Transit Center). Exhibit 1, page 6. 16. Because the project would create more than 2,000 square feet of new impervious surface, storm water quality controls are required. The project would be required to limit peak runoff rate (where stormwater runoff discharges off-site during and after storm events) to be equal to or less than the pre -developed condition. ECDC 18.30.060.1. Roof drain runoff from structures on proposed Lots 7 and 8 would be dispersed at the edge of the wetland, in order to maintain hydrology of that natural feature. Runoff from the other new impervious surfaces would be collected in a series of catch basins and directed through underground pipes to on-site stormwater detention and water quality vaults. Runoff from the public road would be treated by a filtered catch basin. The detention/treatment vault would be designed to accommodate storm flows and to provide treatment via filter systems prior to discharge to Lake Ballinger, mimicking the pre - developed condition as required. Maintenance and performance bonds would be submitted at time of construction plan review or construction permit issuance. The Applicant would be responsible for ensuring that an operations and maintenance manual is prepared and made available for ongoing maintenance of the stormwater facilities, which would be privately maintained and operated by a homeowners' association. Exhibit 8, pages 3-12; Testimony of Mr. Tobiason; Testimony of Mr. Clugston. 17. Lake Ballinger is identified by the Washington State Department of Ecology as a surface water with a water quality improvement plan or total maximum daily load (TMDL) addressing phosphorus. The project's stormwater facilities would be required to provide phosphorus control and treatment consistent with Ecology's 2005 Stormwater Manual for Western Washington, as was noted as a requirement by City Engineering Staff during engineering review. Exhibit 12, Department of Ecology Comment; Exhibit 13, Engineering Review, page 2. 18. The on-site shorelands of Lake Ballinger in the vicinity of proposed Lots 7 and 8 have been identified as a Zone A Floodplain, according to the Federal Insurance Rates Map (FIRM), Panel 1215. The FIRM Zone A identification means that the land is known to be a special flood hazard area inundated by the 100 -year flood but where no base flood Findings, Conclusions, and Decision City ofEdmonds Hearing Examiner McArthur Patterson Plat, No. P-08-46/SM-08-47 page 6 of 19 elevations are determined. However, the City of Edmonds has defined the base flood elevation for this portion of Lake Ballinger shorelands at 282.5 feet, According to information in the file, the 282.5 -foot elevation falls within the on-site wetland. No residential structures would be placed at the identified base flood elevation. The lowest elevation residential structures would be placed at on Lots 7 and 8 would be 288 feet. The elevation difference would minimize impacts to new structures on the two lots; however, Staff indicated that site-specific flood studies and assessments would be required during building permit review for both lots. Exhibit 1, page 6; Testimony of Mr. Clugston, 19. The Applicant proposes to connect each lot to City of Edmonds municipal sewer and water service. Potable water would be extended to the site from existing facilities in 76th Avenue W. Municipal sanitary sewer traverses the subject property in an existing easement east of the proposed development envelope, immediately west of the proposed 35 -foot wetland buffer. Individual connections to municipal utilities would be reviewed during civil engineering review. Requirements the plat must satisfy are identified in the record at Exhibit 13. Exhibit 1, page 6; Exhibit 3, Preliminary Utility Plan (2 sheets); Exhibit 8, page 3; Exhibit 2, Plat Map; Exhibit 13, Engineering Division Review Comments. 20. City Engineering, Fire, Public Works, and Parks & Recreation Departments all reviewed the applications for compliance with applicable requirements of each department. Public Works and Fire consolidated their comments in the Engineering Division's review document, in the record at Exhibit 13. The Engineering Division's review considered such areas as: right-of-way dedication; public road improvements; private access (driveway) requirements; street turnaround standards; utility and access easements; street lighting, required landscaped areas; potable water and sewer improvements; stormwater management; underground wiring; excavation and grading; signage, if any; survey monumenting; as -built drawings; engineering fees; and other requirements. No agency identified issues that would result in a recommendation of denial or in significant alterations to the project as proposed. Compliance with Fire, Public Works, and Engineering requirements would be reviewed at time of construction permit issuance. Exhibit 13; Testimony of Mr. Clugston, 21. Snohomish County PUD submitted comments that it has capacity to serve the five proposed new residences. The PUD indicated that the Applicant would be required to provide a 10 -foot easement and eight feet of clearance between any structures and any utility transformer/switch cabinets. Exhibit 11. 22. No open space or parkland dedication was required for this project. Parks and Recreation submitted a document indicating that the agency had no comment on this proposal. Exhibit 1, page 6; Testimony of Mr. Clugston; Exhibit 20. Findings, Conclusions, and Decision City of Edmonds Hearing Examiner McArthur Patterson Plat, No. P-08-46/SM--08-47 page 7 of 19 23. In Washington State, ample provision for the education of children is a paramount duty of the state,' Subdivisions in Washington State are required to make appropriate provisions for the general welfare of the community, including provisions for schools and for safe walking conditions for school -aged children. RCW 58.17.110. Edmonds Community Development Code contains the same requirement. ECDC 20.75.020. Children living in the proposed plat would attend Woodway Elementary, College Place Middle School, and Edmonds-Woodway High School. Edmonds School District 15 submitted comments indicating bus stop locations as follows: 76th Avenue W and 244th for elementary students; 76th Ave. W and 242°a for middle school students; and community transit stops for high school students. The District's comments indicate that safe walking routes to the identified bus stops are needed. Exhibit 7, Edmonds School District 15 Comments. Planning Staff noted that the proposed sidewalk along the new internal public road would connect to existing sidewalks on the walking routes to the bus stops indicated. Testimony of Mr. Clugston; Exhibit 2, Plat Map. 24. The existing dock, if retained, would be subject to the 10 -foot side yard setback required in the RSW-12 zone and in the Suburban Residential IV Shoreline Environment, pursuant to the City of Edmonds Shoreline Master Program. Because the plat map does not show the bounds of the subject property extending all the way to the OHWM, it is not possible to tell if the existing dock would comply with the side yard setback from Lots 7 and 8. Staff noted that the dock would need to be removed if it would not comply with the setback. Testimony of Mr. Clugston; Exhibit 2, Plat Map; Exhibit 1, page 7. The Applicant indicated that the dock would comply with the side yard setback, and that the lot boundary between Lots 7 and 8 could be shifted if necessary. The Applicant also clarified that no new docks are proposed as part of the project. Testimony of Mr. Tobiason. 25. Initial application materials indicated no trees would be retained. Planning Staff strongly encouraged retention of mature trees, especially along the south of proposed Lot 6. The Applicant submitted a plan showing the location of seven mature trees that would be retained, two along 76th Avenue W; one within Lot 1; two on the shared boundary between Lots 5 and 6; and two along the southern boundary of Lot 6. Exhibit 23; Testimony of Mr. Tobiason. 26. Pursuant to the State Environmental Policy Act (SEPA), the City of Edmonds Planning Division was designated lead agency for review of environmental impacts caused by the proposal. In reaching the environmental threshold determination, Planning reviewed an environmental checklist and application materials submitted by the Applicant, as well as other materials on file with the City. Upon completion of review, the City determined that compliance with all applicable City, State, and Federal regulations would adequately address the impacts of the project and a Determination of Non -Significance (DNS) was issued on August 12, 2008, which became final on August 26, 2008. No appeals were filed. Exhibit 1, pages 3-4, Exhibit 10; Testimony of Mr. Clugston. ' Washington State Constitution, Article 9, §i. Findings, Conclusions, and Decision City of Edmonds Hearing Examiner McArthur Patterson Plat, No. P-08-46/SM--08-47 page 8of19 27. The open record public hearing on the formal plat was advertised consistent with the requirements of the Edmonds Community Development Code, Exhibit 14; Testimony of Mr. Clugston; Exhibit 1, page 4, 28. The City received public comments on the applications expressing concerns summarized as follows. Neighboring landowners wished the project to be limited to the one existing dock as a joint use dock for all three waterfront lots. Other comments addressed historic and potential future flooding for the waterfront lots. The neighbor to the south has engaged in a salmon recovery practice in the lake in which he releases Chinook and Coho fry into the lake, and he expressed concern that if the future owners of Lot 6 constructed a dock on their 14 feet of waterfront it could adversely impact fry habitat. Other public comments related to safe sight distance at the plat access intersection with 70x' Avenue W and road improvements required for the internal road. Neighbors adjacent to the north of the east end of the subject property (Yarnall) inquired about impacts of the proposed public road on their access to their property. There was also concern expressed about whether the public road would impact the trees along the north boundary of the subject property. The Lake Ballinger Community Association submitted concerns about accessory dwelling units; depth to ground water; how stormwater runoff would be treated and/or discharged to the lake; and how maintenance of the stormwater quality treatment facilities would be ensured. Finally, public comments addressed: impacts of the new lots on public safety and police force availability; the possibility of requiring the developer to contribute to a crime victims' fund; and concerns about lake levels and flooding. Exhibit 17; Testimony of Scott Boye; Exhibit 18, Robert Boye letter; Exhibit 22, Chang letter; Testimony of Ms. Yarnall; Testimony of Mr. Pierce; Testimony of Mr. Rutledge. 29. Planning Staff and the Applicant representative responded to public concerns at hearing. The Applicant confirmed that no new dock or moorage facility is proposed with the subdivision, and Staff noted that any future proposal by owners of Lots 6, 7, or 8 would reviewed for compliance with all shoreline and other applicable criteria at the time, including required side setbacks. Staff noted that with only 14 feet of waterfront, Lot 6 would not be able to build a dock, Staff also noted that joint use docks are not allowed in a Conservancy II environment, which is the designation of Lake Ballinger in the City of Edmonds Shoreline Master Program. Regarding flooding, Staff noted that Lots 7 and 8 would be required to provide site-specific scientific studies regarding flood hazard prior to building permit issuance, consistent with ECDC 23.70:020. The Applicant indicated that the public road proposed for access to the new lots would have no impact on the Yarnall driveway, located north of the shared property boundary, and that no off-site trees would be removed during road construction. All stormwater infrastructure would be reviewed for compliance with applicable local and state requirements during civil engineering review prior to building permit issuance. Runoff from the new impervious surfaces would receive water quality treatment prior to discharge, Staff indicated that presently the City relies on private owners of group stormwater facilities to provide satisfactory ongoing maintenance for such facilities. Staff indicated that subdivisions are not reviewed by the police department and that there is no code -based authority for requiring the developer to contribute to a crime victims' fund. Testimony of Mr. Tobiason; Testimony of Mr. Clugston; Exhibit 1, pages 7, 8. Findings, Conclusions, and Decision City of Edmonds Hearing Examiner McArthur Patterson Plat, No. P-08-46/SM--08-47 page 9 of 19 Jurisdiction: The Hearing Examiner has jurisdiction to hear and decide formal plat and shoreline substantial development permit requests pursuant to Edmonds Community Development Code (ECDC) 20,100.010(B)(3) and (5) and ECDC 20:55.030. Criteria for Shoreline Substantial Development Permit Review: The criteria for review of an SSDP are set forth in Washington Administrative Code (WAC) 173-27-150. In order to approve the permit, the Examiner must find that the development is consistent with: A. The policies and procedures of the State of Washington Shoreline Management Act; B. The State of Washington shoreline regulations (WAC 173-27); and C. The City of Edmonds Shoreline Master Program, The City of Edmonds Shoreline Master Program contains goals, policies, and regulations that are applicable to the proposed development. Pursuant to ECDC 23.10.040, the regulations are mandatory, whereas the goals and polices "are intended to form the policy for shoreline uses, developments; and activities; as the basis of the regulations ... and to assist the city in determining whether to grant, modify and grant, or deny each proposed use, development, or activity." ECDC 23.10.040. The goals and policies of the Shoreline Master Program are established in ECDC 23.50.050 -.095. This detailed information informing the City's policies will not be included in this document but can be read in full in the Code. Following are the shoreline regulations that apply to the instant application for shoreline substantial development. 23.10.130 General reQnlations — Environmentally sensitive areas and critical areas. A. Location. 1. Environmentally sensitive areas include steep slopes; marshes, bogs, and swamps, floodplains; streams; spawning beaches; and other areas exhibiting serious constraints on development and/or significant possibility of biotic productivity. 2. Critical areas include fish and wildlife habitat conservation areas; frequently flooded areas; geologically hazardous areas; streams; and wetlands. B. Development Limitations. All uses, developments, and activities on sites containing environmentally sensitive areas and/or critical areas must comply with all applicable local, state, and federal laws pertaining to development in these areas. In addition, the site must be specifically designed so that the hazards from or impact on the environmentally sensitive area and/or critical area will be mitigated. C. Additional Authority. In addition to any other authority the city may have, the city is hereby authorized to condition or deny a proposed use, development, or activity or to require site redesign because of hazards associated with the use, Findings, Conclusions, and Decision City of Edmonds Hearing Examiner McArthur Patterson Plat, No. P-08-46/SM--08-47 page 10 of 19 development or activity on or near an environmentally sensitive and/or critical area, and/or the effect of the proposal on the environmentally sensitive area and/or critical area. [Ord. 3318 § 3, 2000]. 23.10.140 General regulations — Parkm . A. Off -Street Parking Required. All uses must provide sufficient off-street parking spaces in order to accommodate the reasonably anticipated number of vehicles that will be coming to the subject property. Specific parking standards for uses are identified in Chapter 17.50 ECDC, as now or hereafter amended. 23.10.145 General regulations — Public access. A. Except as provided in subsections B through D of this section, shoreline substantial developments or conditional uses shall provide public access where any of the following conditions are present; 1. Where development or use will create increased demand for public access to the shoreline, the development or use shall provide public access to mitigate this impact. 2. Where development or use will interfere with an existing public access way, the development or use shall provide public access to mitigate this impact. 3. Where a use which is not a priority shoreline use under the Shoreline Management Act will locate on a shoreline of the state, the use or development shall provide public access to mitigate this impact. 4. Within the Edmonds shoreline jurisdiction, where a use or development will interfere with a public use of lands or waters subject to the public trust doctrine, the development shall provide public access to mitigate this impact. The shoreline permit file shall describe the impact, the required public access conditions, and how the conditions address the impact. 23,10.150 Use regulations — Detached dwelling units, A. General. This section contains regulations pertinent to the development and use of a detached dwelling unit. These regulations are founded on the goals and policies established in Part II of this chapter. Please see the chart contained in ECDC 23.10.120 to determine in which shoreline environments detached dwelling units are permitted. B. Permitted Use. 1. The principal use permitted is the use of the subject property for a detached single-family dwelling unit. 2. In addition to the principal use listed above, "normal appurtenances" as specified in WAC 173-27-040(1)(g), as now or hereafter amended and as modified by ECDC 23.10.045 (B)(030), as normally associated with a detached dwelling unit and residential occupancy are also permitted, including grading of the subject property which does not exceed 499 cubic yards. This chapter also contains specific regulations on bulkheads and Findings, Conclusions, and Decision City of Edmonds Hearing Examiner McArthur Patterson Plat, No. P-08-46/SM-08-47 gage 11 of 19 other shoreline protective structures, moorage facilities, and other uses, developments and activities which may be conducted accessory to the principal use. 3. In addition to the uses listed above in subsections (13)(1) and (B)(2) of this section, in the suburban residential I, II and III environments, the installation of storm drainage lines to convey storm water resulting from the use of the subject property as a detached dwelling unit, down the face of a slope for dispersal into the existing storm drainage system within the railroad right-of-way shall be considered a normal ancillary development activity, provided the subject property owner has received written permission from the railroad and subject to approval by the city engineer. C. Lot Size. 1. The minimum lot sizes established below are based on the entire area of the subject property landward of the ordinary high water mark, not just the portion of the subject property within the jurisdiction of the Shoreline Management Act and this chapter. 2. Except for pre-existing lots, the minimum lot size for a detached dwelling units is as follows: a. In the suburban residential I shoreline environment, the minimum lot size is 20,000 square feet of lot area landward of the ordinary high water mark. b. In the suburban residential H and IV shoreline environments, the minimum lot size is 12,000 square feet of lot area landward of the ordinary high water mark. c. In the suburban residential III shoreline environments, the minimum lot size is 6,000 square feet of lot area landward of the ordinary high water mark. D. Required Yards — Overwater Structures Prohibited, The regulations of this subsection establish the required setbacks for all buildings and other major structures associated with this use, No building or other major structure may be located within the following required setbacks: Environment/ Setback Street Rear Side Suburban Residential I 25 25 10 feet min./ total 35 feet feet feet* Suburban Residential H 25 25 10 feet feet feet* Suburban Residential III 20 15 5 feet feet feet* Suburban Residential 15 35 10 feet IV** feet feet* Findings, Conclusions, and Decision City of Edmonds Hearing &aminer- McArihut- Patterson Plat, No. P-08-46/SM--08-47 page 12 of 19 The rear setback for accessory buildings covering less than 600 square :et of the site may be located within five feet of the rear property line. * A 35 -foot setback is required from the OHWM in all suburban ,sidential IV environments. E. Height. In all suburban residential shoreline environments, 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. [Ord. 3318 § 3, 2000]. Criteria for Formal Plat Review: Pursuant to ECDC 20,75.080 and ECDC 20.75,085, formal plats may be approved if the following fmdings can be entered: ECDC 20.75.080: A. The proposal is consistent with the purposes of the Subdivision Ordinance, ECDC Chapter 20.75, and meets requirements of the chapter; B. The proposal is consistent with the comprehensive plan, or other adopted city policy, and is in the public interest; C. The proposal meets all requirements of the Zoning Ordinance, or a modification has been approved as provided for in ECDC Chapter 20.75; D. The proposal meets all requirements of the ECDC relating to flood plain management. 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. Findings, Conclusions, and Decision City of Edmonds Hearing Examiner McArthur Patterson Plat, No. P-08-46/SM--08-47 page 13 of 19 4. The proposal shall be designed to minimize off-site impacts on drainage, views and so forth. 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. 4. Pedestrian walks or bicycle paths shall be provided to serve schools, parks, public facilities, shorelines and streams where street access is not adequate. C. Dedications. 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: 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. ECDC Chapter 19.25, 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 E. Flood Plain Management. All subdivision proposals shall comply with the criteria set forth in the Edmonds Community Development Code for flood plain management. Findings, Conclusions, and Decision City of Edmonds Hearing Examiner McArthur Patterson Plat, No. P-08-46/SM--08-47 page 14 of 19 The ECDC criteria for plat approval are similar to those set forth in the state subdivision statute. Section 5817:110(2) of the Revised Code of Washington (RCW) states as follows: A proposed subdivision and dedication shall not be approved unless the city, town, or county legislative body makes written findings that: a. Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation; playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and b. the public use and interest will be served by the platting of such subdivision and dedication. Conclusions Based on Findings: Shoreline Substantial Development Permit 1, As conditioned, the application satisfies the criteria for approval of a shoreline substantial development permit. a. The proposed residential development would be consistent with the Shoreline Management Act (SMA). The policy of the SMA, as set forth in RCW 9058.020, is to "provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses." This policy "contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto." RCW 90.58.020. The proposed development is a reasonable and appropriate use for the Suburban Residential IV Shoreline Environment. The project includes stormwater improvements for water quality and peak discharge protection. The project would not have any impacts on navigation. Findings Nos. 1, 2, 6, 7, and 16. b. The project would be consistent with WAC 173-27. This development is being reviewed under the criteria for approval for shoreline substantial development permits set forth in WAC 173-27-150. Additional regulations applicable to shoreline substantial development include: WAC 173-27-140 Review criteria for all development. (1) No authorization to undertake use or development on shorelines of the state shall be granted by the local government unless upon review the use or development is determined to be consistent with the policy and provisions of the Shoreline Management Act and the master program. Findings, Conclusions, and Decision City of Edmonds Hearing Examiner McArthur Patterson Plat, No. P-08-46/SM--08-47 page 15 of 19 (2) No permit shall be issued for any new or expanded building or structure of more than thirty-five feet above average grade level on shorelines of the state that will obstruct the view of a substantial number of residences on areas adjoining such shorelines except where a master program does not prohibit the same and then only when overriding considerations of the public interest will be served. WAC 173-27-190 Permits for substantial development.... (1) Each permit for a substantial development.. issued by local government shall contain a provision that construction pursuant to the permit shall not begin and is not authorized until twenty-one days from the date of filing as defined in RCW 90.58.140(6) and WAC 173-27-130, or until all review proceedings initiated within twenty-one days from the date of such filing have been terminated; except as provided in RCW 90.58:140 (5)(a) and (b). The requirement of WAC 173-27-140(1) is addressed through the SSDP review criteria. WAC 173-27-140(2) would be satisfied because the Shoreline Master Program, as ECDC 23.10.150.E, prohibits structures over 25 feet in height in the suburban residential shoreline environments. Compliance with this height limitation would be ensured by condition of approval. The requirement of WAC 173-27-190 is addressed by ECDC 20.55.060 (no construction until 30 days after decision). This limitation is incorporated into the conditions of approval. C. The proposal would be consistent with the goals, policies and regulations of the City of Edmonds Shoreline Master Program. Single-family detached residential dwellings and "normal appurtenances" are permitted uses in the suburban residential shoreline environments. No bulkheads or other shoreline protective structures, moorage facilities, or any other uses waterward of the OHWM are proposed. No development of the on-site critical area is proposed; a 35 -foot buffer would be protected in perpetuity in a native growth protection area. Off- street ffstreet parking consistent with ECDC 17.50 is proposed. Each lot would provide parking inside a garage, as well as in driveways. Public access to the shoreline would not be affected by the development, Lots 6; 7, and 8 would all be at least 12,000 square feet in area. Each of the lots contains a buildable area outside of all required setbacks. The Applicant has indicated that if the existing dock is determined to straddle the proposed lot line between Lots 7 and 8, the boundary would be reconfigured such that the dock can comply with the side setback. As noted above, a condition of approval would ensure no structures on Lots 6, 7, and 8 would exceed 25 feet in height. Findings Nos. 4, 5, 6, 11, and 24. Formal Plat Conclusions Based on Findings: 1. As conditioned, the proposed plat is consistent with the purposes of the Subdivision ordinance, which are established at ECDC 20.75.020 as: to promote the public health, safety and general welfare in accordance with state standards to prevent overcrowding of Findings, Conclusions, and Decision City of Edmonds Hearing Examiner McArthur Patterson Plat, No. P-08-46/SM--08-47 page 16 of 19 land; to lessen congestion in the streets and highways; to facilitate adequate provisions for water, utilities, sewerage, storm drainage, parks and recreation areas, sites for schools and playgrounds, and other public requirements; to provide for proper ingress and egress; and to require uniform monumenting of subdivisions and accurate legal descriptions of subdivided lots. Through increasing density consistent with the underlying zoning, retaining mature trees where possible, and complying with the requirements of the critical areas ordinance, the proposed land use is consistent with applicable goals and policies of the Comprehensive Plan. As proposed, all lots except Lot 5 comply with the appropriate bulk dimensional standards of the two underlying zoning districts. Lot 5 is very slightly less than 70 feet in width on the plat map; a condition of approval would require the lot to provide the full 70 feet in width. Although proposed Lots 7 and 8 are within a Zone A Floodplain according to FIRM Maps, each lot's proposed development envelope would extend to 288 feet as its lowest elevation, which would be above the City -identified base flood elevation of 282.5 feet, To further protect future owners and nearby residents, a condition of approval would require special studies of Lots 7 and 8 prior to building permit issuance, Findings Nos. 8, 9, 11, 18, and 20. 2. With conditions, all necessary protections would be afforded to the on-site wetland and to Lake Ballinger. A 35 -foot no -disturb buffer would be maintained in perpetuity westward of the delineated wetland edge. A condition of approval would ensure that the native growth protection area is noted on the face of the final plat, Any ongoing maintenance, such as noxious weed removal would be conducted by the homeowners' association. No development is proposed waterward of the wetland. Conditions would ensure that Lots 7 and 8 are specially studied for flodd hazard assessment prior to construction permit issuance. Conditions would ensure that all stormwater facilities as designed and built would comply with City standards, as well as with the Stormwater Management Manual for Western Washington, and that best management practices for phosphorus control are implemented through construction and into the future, consistent with applicable City and State requirements, Off-site views would not be significantly impacted by residential development in a residential zoning district. Some mature trees would be retained, including two along the site frontage on 76th Avenue W. Structures on Lots 6, 7, and 8 would be limited to an overall height of 25 feet. Findings Nos. 4, 5, 9, 10, 16, and 17. 3. Each lot would contain sufficient buildable area outside of required street, side, and rear setbacks. All lots would front on the new internal public road. A condition of approval is necessary to ensure that proposed Lot 5 provides the full 70 feet of lot width, because as proposed it is slightly less than 70 feet. A sidewalk along the south side of the new internal road would provide pedestrian connection to existing sidewalks in the vicinity. The 30 -foot right-of-way, to be called 243`d Place W, would be dedicated to the City. No parkland or other dedications were required, Findings Nos. 10, 11, 13, 14, and 22, 4. All infrastructure, including potable water, sanitary sewer, stormwater collection, the public right-of-way, and any other civil requirements have been fully reviewed and preliminarily determined to be feasible as proposed. Compliance with Fire, Public Works, Utility, and Eingneering technical requirements would be ensured through civil engineering and construction permit reivew after preliminary plat approval. Conditions Findings, Conclusions, and Decision City ofEdmonds Hearing Examiner McArthur Patterson Plat, No. P-08-46/SM--08-47 page 17 of 19 would ensure that Lots 7 and 8 undergo all necessary flood hazard analysis prior to construction permit issuance. Findings Nos. 13, 16, 18, 19, and 20. 5. As conditioned, all appropriate provisions for public health, safety, and welfare are addressed. Transit service is available in the area. There is capacity in the pertinent facilities of Edmonds School District 15, and the proposal provides adequate safe walking for school children. Subdivision consistent with the densities and bulk dimensional requirements of the underlying zoning districts is consistent with the public use and interest. The project was reviewed for compliance with the requirements of SEPA and a DNS was issued and not appealed. At least seven mature trees would be retained. Conditions would ensure that a homeowners' association is established for the maintenance of all communal areas and facilities, to include (at a minimum) the on-site stormwater management facilities and the wetland and buffer area, Should the tidelands and any portion of Lake Ballinger bottomlands be determined to be part of the subject property, that portion not subdivided into individual lots would be jointly owned as a common area, to be maintained by the homeowners' association, if any maintenance is required. Findings Nos, 9, 15, 20, 23, 26, 28, and 29. DECISI®N Based on the preceding findings and conclusions, the request for a formal plat to subdivide approximately 2.21 acres into eight single-family residential lots, and a shoreline substantial development permit to allow development of three of the lots within the shoreline jurisdiction of Lake Ballinger, at 24223 — 24227 — 76'h Avenue West in Edmonds, Washington is APPROVED, subject to the following conditions: 1. The instant SSDP and formal plat applications are subject to all applicable requirements of the Edmonds Community Development Code. It is the responsibility of the Applicant to ensure compliance with the various provisions contained in applicable ordinances. 2. As required by ECDC 20.55.060, no construction authorized pursuant to the instant SSDP may begin until 30 days after the final City decision on the proposal. 3. The Applicant shall implement best management practices to limit phosphorus entering TMDL-limited Lake Ballinger. [Note: please review the resources identified in Exhibit 12 for assistance in identifying appropriate BMPsJ 4. Prior to final plat approval, the Applicant must accurately determine the location of the eastern boundary lines of Lots 6, 7, and 8. If the existing dock would not be setback the required ten feet for the shared lot line between Lots 7 and 8, the dock must be removed or the boundary line relocated. 5. Two permanent signs shall be installed at the western edge of the wetland buffer, one each on Lots 7 and 8, consistent with ECDC 23.50.040.G.2. No alteration of the existing condition of the 35 -foot wetland buffer shall be allowed during or after Findings, Conclusions, and Decision City of Edmonds Hearing Examiner McArthur Patterson Plat, No. P-08-46ISM--08-47 page 18 of 19 construction of the project. The buffer and wetland shall be placed in a recorded natural growth protection area and noted on the face of the final plat, 6. At time of building permit review, single-family residential development on Lots 7 and 8 shall require flood hazard study and assessment performed in accordance with the requirements found in ECDC 23.70. 7. Any fature dock or moorage facility along the OHWM on-site would be required to comply with the Shoreline Master Program requirements for such proposals. Additional permits may be required, 81 Prior to final plat submittal, the Applicant =st: a. Complete the improvements identified 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 but not limited to, owners' certification, hold harmless agreement, and staff approval books. c. Submit to the Planning Divisions an updated title report verifying ownership of the subject property on the date that the property owners sign the subdivision documents. 9. Prior to final plat approval, a homeowners' association shall be formed for the perpetual maintenance of the storm water facilities and the natural growth protection area. The association formation documents shall indicate by what mechanism -necessary costs of such maintenance will be accumulated. 10. Prior to final plat submittal, Lot 5 shall be widened to a minimum width of at least 70 feet. 11. Residences on Lots 6, 7, and 8 are limited to an overall height of 25 feet, DECIDED this 16"' day of October 2008. Toweill Rice Taylor LLC City of Edmonds Hearing Examiners By: 4,weew"A"Ke—, Sharon A. Rice Findings, Conclusions, and Decision City of Edmonds Hearing &-aminer McArthur Patterson Plat, Alo. P-08-46ISM-08-47 page 19 of 19 rhC.18`)v CITY OF EDMONDS GARY HAAKENSON 121 5TH AVENUE NORTH ® Edmonds, WA 98020. (425) 771-0220 - FAX (425) 771.0221 MAYOR HEARING EXAMINER RECONSIDERATION A APPEAL The following is a summary of the deadlines and procedures for filing requests for reconsideration and appeals. Any person wishing to file or respond to a request for reconsideration or an appeal should contact the Planning Division of the Development Services Department or an attorney for further p1ocedural information. QUEST FOR RECONSIDERATION Section 20.100.010(G) of the Edmonds Community Development Code (ECDC) requires the Hearing Examiner to reconsider his or her decision or recommendation if a written request is filed within ten (10) working days of the date of the initial decision by any person who attends the public hearing and signs the attendance register and/or presents testimony, or by any person holding an ownership interest in a tract of land which is the subject of such decision or recommendation. 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. APPEALS The bearing Examiner's decision on a preliminary plat may be appealed to the Edmonds City Council pursuant to the procedures set forth in Chapter 20.105 of the ECDC (see ECDC 20.105.010(B) and ECDC 20. 100, 010(B)(5)). Pursuant to Section 20.105.040(A), persons entitled to appeal include (1) the Applicant; (2) anyone who has submitted a written document to the City of Edmonds concerning the application prior to or at the hearing; or (3) anyone testifying on the application at the hearing. Sections 20.105.020(A) requires appeals to be in writing and state (1) the decision being appealed, the name of the project applicant, slid the date of the decision; (2) the name and address of the person (or group) appealing the decision, and his or her interest in the matter; and (3) the reasons why the person appealing believes the decision to be wrong. Pursuant to Section 20.I05.020(B), the appeal must be filed with the Director of the Development Services Department within 14 calendar clays after the date of the decision being appealed. The appeal must be accompanied by any required appeal fee. TIME LIMITS FOR+ CONSIDERATION AND APPEAL. The time limits for reconsideration and appeal run concurrently. For appeals to City Council, if a request for 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 Hearing Examiner has issued his or her decision on the reconsideration request, the time clock for filing an appeal continues from the point it was stopped. For example, if a reconsideration request is filed on day five of the appeal period, an individual would have nine more days in which to file an appeal after the Hearing Examiner issues his decision on the reconsideration request. LAPSE OF APPROVAL Pursuant to ECDC 20,75, 100, preliminary plat approval shall expire and have no further validity if the applicant does not obtain final plat approval within five years of the date of decision (or, if appealed, the date of inial confirmation by the appeal body). NOTICE TO COUNTY ASSESSOR. The property owner may, as a result of the decision rendered by the Hcaring Examiner, request a change in the valuation of the property by the Snohomish County Assessors Office. Incorpz rotedAugpast 11, 1890 CITY OF ENDS 121 5TH AVENUE NORTH , Edmonds, WA 98020 - (425) 771.0220. FAX (425) 771-0221 HEARING EXAMINER 111061 flkil "191 APPLICANT Laurie Hill For a Formal Plat and a Shoreline Substantial Development Permit 1, Sharon A. Rice, the undersigned, do hereby declare: Nos. P-08-46 SM -09-47 GARY HAAKENSON MAYOR I That I am a partner in the firm of Toweill Rice Taylor LLC, which maintains a professional services agreement with the City of Edmonds, Washington for the provision of Hearing Examiner services, and make this declaration in that capacity; and that I am now and at all times herein mentioned have been a citizen of the United States, a resident of the State of Washington, over the age of eighteen (18), and competent to make service herein; 2. That on October 15, 2008 1 did serve a copy of the decision in case P-08-46/SM-08-47 upon the following individuals at the addresses below by first class US Mail. Laurie Hill 24223 — 76”' Avenue W Edmonds, WA 98026 Clerk of the Edmonds City Council 121 Fifth Avenue North, First Floor Edmonds, WA 98020 Alvin Rutledge 7101 Lake Ballinger Way Edmonds, WA 98026 Robert and Peggy Boye 23425 —76 1h Avenue W Edmonds, WA 98026 Lynn & Ste�hen Yarnall 24213— 76' Avenue W Edmonds, WA 98026 City of Edmonds Fire, Public Works, Engineering, and Parks & Recreation Departments c/o City of Edmonds Planning Division Laurey Tobiason, Tobiason & Company 20434 —10`h Place SW Seattle, WA 98166-4106 Scott Boye PO BOX 2265 Friday Harbor, WA 98250 Ken Pierce 24005 — 74"' Avenue W Edmonds, WA 98026 Wen -Fong Chang 7510 — 242n' place W Edmonds, WA 98026 I hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct: 1r—lam. _0 DATED THIS day of 0(kkf�_� 2008 Washington, Sharon A. Rice, Toweill Rice Taylor LLC Incorporated August 11, 1890 CITY OF D. •_ r • .■ } Applicant: Ardsley Homes, LLC (Lyle Landrie rep.) From;44 66� Mike Clugston, Al(6P Associate Planner Date: December 12, 2012 File: PLN20080046 (Minor change to Hill -Lake Ballinger approved preliminary plat) The applicant is proposing a minor change to the Hill -Lake Ballinger plat which received preliminary approval from the Hearing Examiner on October 16, 2008. [Attachments 1 and 21 The subject proposal involves removing one lot from the project, reducing the total number of lots from eight to seven. Several small changes tc infrastructure locations are alsc requested. This proposal does not involve the creation of additional lots, relocation of the previously approved plat road, nor additional impacts to surrounding properties. The Hearing Examiner's original conditions of approval will be adopted unchanged but revises in this decision to reflect the new lot numbering scheme. A. Applicant: Ardsley Homes, LLC (Lyle Landrie rep.) B. Site Location: 24219-24227 Minor change to Hill -Lake Ballinger preliminary plat File No. PLN20080046 Page 2 of 8 76th Ave. West (Tax IDs 00488800702000, 00488800601501, 00488800601502, 00488800601503) C. Request: Minor change to eliminate one lot from -the previously approved eight lot Hill -Lake Ballinger preliminary plat. D. Review Process: A minor change to an approved preliminary plat is a Type II permit. Following a public comment period, the Director makes an administrative decision. E. Major Issues: 1. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.75, subdivision ordinance. 2. Compliance with ECDC Chapter 20.01, development permit review requirements. 3. Compliance with ECDC Section 16.20.030, site development standards for residential zones. 4. Compliance with ECDC Title 18, public works requirements. 5. Compliance with ECDC Chapter 20.15A, environmental review. 6. Compliance with ECDC Chapter 23.10, shoreline master program. 1. Hearing Examiner's approval decision for Hill -Lake Ballinger, dated October 16, 2008 2. Land Use Application for minor change, received October 25, 2012 3. Approved Preliminary Plat Map (Sheet P-1, original Exhibit 2) 4. Approved Shoreline'Permit Plan (Sheet P-2, original Exhibit 4) 5. Approved Preliminary Utility and Road Plans (Sheets PE1 and PE2, original Exhibit 3) 6. Proposed Preliminary Plat Map (Sheet P-1 updated 10/5/12) 7. Proposed Shoreline Permit Plan (Sheet P-2 updated 10/5/12) 8. Proposed Preliminary Utility and Road Plans (Sheets PE1 and PE2, updated 10/5/12) 9. Ecology Notification -of Receipt of Approved SDP, dated November 7, 2008 10. Adoption of Existing Environmental Document, dated December 3, 2012 11. Public notice documentation 12. Department technical comments 13. Public comments 1. Changes to approved preliminary plats. a. The eight lot Hill -Lake Ballinger plat was granted preliminary approval on October 16, 2008. [Attachments 1, 3-5] b. According to ECDC 20.75.110.A: The community development director may approve as a Type 11 decision (staff decision — notice required) minor changes to an Minor change to Hill -Lake Ballinger preliminary plat File No. PLN20080046 Page 3 of 8 approved preliminary plat, or its conditions of approval. If the proposal involves additional lots, rearrangement of lots or roads, additional impacts to surrounding property or other major changes, the proposal shall be reviewed in the same manner as the original application. c. The proposed revision would remove one lot from the Hill -Lake Ballinger plat, decreasing the number of lots from eight to seven. Specifically, the five lots on the west side of the development zoned RS -8 would be reduced to four lots. [Attachments 6-8] d. The subject proposal simply removes one lot from the existing preliminary approval. It does not involve additional lots, rearrangement of lots or roads, nor additional impacts to surrounding property. Comparing the preliminary plat maps in Attachments 3 and 6, each lot in the updated subdivision is still in the same basic shape as the original preliminary approval but internal lot lines will be shifted slightly throughout the plat as a result of removing the one lot. The plat road remains on the north side of the project but will shift slightly further south into the plat by several feet to allow better protection of the neighboring trees adjacent to the'north. Comparing the shoreline permit maps in Attachments 4 and 7, the straightening of the internal lot lines will likely result in a more organized appearance of the plat. Finally, comparing the utility and road plans in Attachments 5 and 8, the locations of underground utilities like the stormwater detention vault and utility lines shift slightly while the road grade remains essentially unchanged even with the shift to the south. e. The lot numbering scheme is proposed to be changed due to the removal of the one lot on the western side of the plat. On the west, five lots became four which will now be numbered Lots 1— 4 (instead of 1— 5). On the eastern side of the plat, the number of lots remains the same (three) but the numbers of the lots will change from Lots 6 — 8 to Lots 5 — 7. [Attachments 3 and 6] To eliminate confusion, the new lot numbers will be included in updated approval conditions to ensure the Hearing Examiner's original conditions apply to the correct lots given the new numbering scheme. f. The requested minor changes to the preliminary plat approval meet the requirements of ECDC 20.75.110.A. 1. Lot Layout a. Each proposed lot must meet the dimensional requirements of the zoning ordinance (ECDC 16.20.030). The original preliminary plat had five lots zoned RS -8 on the west side of the project and three lots zoned RSW-12 on the east. [Attachment 31 The updated preliminary plat shows four lots on the west zoned RS -8 and an unchanged three lots on the east zoned RWS-12. [Attachment 6] The interior lot lines will shift somewhat due to the removal of the one lot on the western side of the development. Minor change to Hill -Lake Ballinger preliminary plat File No. PLN20080046 Page 4 of 8 b. Lot Area The following table summarizes the minimum required lot area for the RS -8 and RSW-12 zones (in square feet): ProposalOriginal Required . Original -. Revised ... Required .- •. Revised Area SIi1 1 . :Ili Z I Ili , 2 11 ��.: 111 :'I ■' • � :111" i . � ■:111 S Ili Z 1� ` �, ii1 ,■ .11 Ii1 ,1 mll• ROOM MI IMMM. 2. Lot Width The required minimum lot width in the RS -8 zone is 70 feet. Each of the revised RS -8 lots meets this requirement. The three RSW-12 parcels are not required to have a minimum lot width; however, each has a width in excess of 60 feet and also has frontage on the ordinary high water line and a public street in accordance with ECDC 16.20.030 (sub 4). The proposed change satisfies Condition #10 of the Hearing Examiner's original preliminary approval. [Attachment 1, page 19] 3. Setbacks Setbacks are ultimately confirmed at building permit. However, it is noted that the proposed minor change appears to satisfy Condition #4 of the Hearing Examiner's October 16, 2008 decision. The condition states: Prior to final plat approval, the Applicant must accurately determine the location of the eastern boundary of Lots 6, 7 and 8. If the existing dock would not be setback the required ten feet for the shared lot line between Lots 7 and 8, the dock must be removed or the boundary line relocated. As noted in'Section IV.A.1.e above, the eastern lot numbers will change from 6, 7 and 8 to 5, 6 and 7. The subject property line in question would be between Lots 6 and 7 under the new numbering scheme. As shown on the updated preliminary plat map [Attachment 6], the dock is to be located wholly on Lot 7 with a setback of approximately 12 feet, which is in excess of the minimum required 10 feet for the RSW-12 zone. 4. The lots, as revised, satisfy the zoning requirements found in ECDC 16.20.030. Minor change to Hill -Lake Ballinger preliminary plat File No. PLN20080046 Page 5 of 8 1. The Hearing Examiner approved a Shoreline Substantial Development Permit (PLN20080047) along with the subject plat pursuant to the requirements in ECDC 23.10. [Attachment 1] 2. The decision was sent to the Department of Ecology who received it on November 3, 2008. [Attachment 9]. November 3, 2008 became the effective date of the Substantial Development Permit (SDP). 3. The proposed change to eliminate one lot and shift utilities slightly does not require a revision to the SDP in accordance with WAC 173-27-100 since the change is within the scope and intent of the original shoreline substantial development permit. 1. Due to the number of lots being created and because a shoreline substantial development permit was required for the development, an environmental determination was required as part of the original permits (PLN20080046 and PLN20080047). 2. A determination of nonsignificance was issued -by the City of Edmonds on August 12, 2008 and was not appealed. 3. The existing determination and checklist were adopted as part of the subject minor change request since there will be no additional environmental impacts associated with the removal of one lot from the plat. [Attachment 10] r On November 20, 2012, a notice of development application and public comment period was published in the Everett Herald newspaper and posted at the subject site, as well as the other required locations (the Public Safety Building, City Hall, and the Edmonds Library). The notice was also mailed to property owners within 300 feet of the site. The City has complied with the noticing provisions in ECDC 20.03. [Attachment 11] 1. Technical Comments Three groups reviewed and commented on this preliminary plat change: the Public Works Department, the Engineering Division, and Fire District #1. [Attachment 12] Each group found the proposed change to be in keeping with the original approval but emphasized the need to meet all code requirements for civil improvements summarized in the Engineering Requirements (Exhibit 13 of the October 16, 2008 decision). The Requirements remain unchanged; civil Minor change to Hill -Lake Ballinger preliminary plat File No. PLN20080046 Page 6 of 8 improvement plans must be reviewed and approved as part of the subdivision process and must meet all applicable requirements. 2. Public Comments Bob Boye (24325 76th Ave. W) submitted comments regarding the proposed minor change which included asking for clarification of the change and discussing the Hearing Examiner's original conditions from the October 16, 2008 approval to confirm whether those would be carried forward. [Attachment 13] Response: As noted previously, all of the original conditions of preliminary plat approval carry forward and have been unaltered. Conditions #4 and #10 of the Hearing Examiner's original approval for side setbacks and lot width have been satisfied by removing the one lot. The remaining conditions will be addressed through -review and approval of civil improvement plans, final plat review, and individual building permits for the new residential lots. Based upon the Findings of Fact, Conclusions and Attachments submitted with the application and during the comment period, the following is the decision of the City of Edmonds Planning Division: This minor change to the preliminary approval of the Hill -Lake Ballinger Plat is APPROVED with the following conditions. These are exactly the same conditions as issued by the Hearing Examiner in the October, 16, 2008 preliminary plat decision but they have been updated to reflect the change in lot numbering as a result of removing one lot from the plat. It is not that Condition #10 has been met by eliminating original Lot 5. Original lot numbers are in italics. 1. The instant SSDP and formal plat applications are subject to all applicable requirements of the Edmonds Community Development Code. It is the responsibility of the Applicant to ensure compliance with the various provisions contained in applicable ordinances. 2. As required by ECDC 20.55.060, no construction authorized pursuant to the instant SSDP may begin until 30 days after the final City decision on the proposal. 3. The Applicant shall implement best management practices to limit phosphorus entering TMDL-limited Lake Ballinger. [Note: please review the resources identified in Exhibit 12 for assistance in identifying appropriate BMPs.] 4. Prior to final plat approval, the Applicant must accurately determine the location of the eastern boundary lines of Lots 5, 6 and 7 [original Lots 6, 7 and 8]. If the existing dock would not be setback the required ten feet for the shared lot line between Lots 6 and 7 [original Lots 7 and 8], the dock must be removed or the boundary line relocated. Minor change to Hill -Lake Ballinger preliminary plat File No. PLN20080046 Page 7 of 8 Two permanent signs shall be installed at the western edge of the wetland buffer, one each on. Lots 6 and 7 [original Lots 7 and 8], consistent with ECDC 23.50.040.0.2. No alteration of the existing condition of the 35 -foot wetland buffer shall be allowed during or after construction of the project. The buffer and wetland shall be placed in a recorded natural growth protection area and noted on the face of the final plat. 6. At time of building permit review, single-family residential development on Lots 6 and 7 [original 7 and 8] shall require'flood hazard study and assessment performed in accordance with the requirements found in ECDC 23.70. 7. Any future dock or moorage facility along the OHWM on-site would be required to comply with the Shoreline Master Program requirements for such proposals. Additional permits may be required. 8. Prior to final plat submittal, the Applicant must: a. Complete the improvements identified 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 but not limited to, owners' certification, hold harmless agreement, and staff approval blocks. c. Submit to the Planning Divisions an updated title report verifying ownership of the subject property on the date that the property owners sign the subdivision documents. 9. Prior to final plat approval, a homeowners' association shall be formed for the perpetual maintenance of the stormwater facilities and the natural growth protection area. The association formation documents shall indicate by what mechanism necessary costs of such maintenance will be accumulated; 10. Prior to final plat submittal, Lot 5 shall be widened to a minimum width of at least 70 feet. [Original Lot 5 is eliminated with the revision.] 11. Residences on Lots 5, 6 and 7 [original 6, 7 and 8] are limited to an overall height of 25 feet. MINNIE ..11 1 A party of record may submit a written appeal of a Type II decision within 14 days of the date of issuance of the decision. The appeal will be heard at an open record public hearing before the Hearing Examiner according to the requirements of ECDC Chapter 20.06 and Section 20.07.004. Minor change to Hill -Lake Ballinger preliminary plat File No. PLN20080046 Page 8 of 8 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. Planning Division Laurie Hill & Kathy Maag 2422376 th Ave. W Edmonds, WA 98026 Lyle Landrie Ardsley Homes, LLC 16109 Ash Way, Suite 201 Lynnwood, WA 98087 Alvin Rutledge 7101 Lake Ballinger Way Edmonds, WA 98026 Scott Boye PO Box 2265 Friday Harbor, WA 98250 Robert and Peggy Boye 2342576 th Ave. W Edmonds, WA 98026 Lynn & Stephen Yarnall 2421376 th Ave. W Edmonds, WA 98026 Ken Pierce 2400574 th Ave. W Edmonds, WA 98026 Wen -Fong Chang 7510242 nd Place W Edmonds, WA 98026 Rob Long The Blueline Group, LLC 25 Central Way, Suite 400 Kirkland, WA 98033 CITY OF EDMONDS NORTH,121 - STH AVENUE _r R ;i; Applicant: Ardsley Homes LC (Lyle Landrie rep.) From: Mike Clugston, Alep Associate Planner Date: July 30, 2013 File: PLN20080046 — Minor change #2 to Hill -Lake Ballinger approved preliminary plat The applicant is proposing a second minor change to the former Hill -Lake Ballinger plat (since renamed Shoreshire plat) which received preliminary approval from the Hearing Examiner on October 16, 2008. This change involves the shifting of required access to Lake Ballinger for Lot 5 from the south side of Lot 6 to the north side of Lot 6. Relocating that portion of Lot 5 will simplify access to an existing sanitary sewer manhole. This proposal does not involve the creation of additional lots, relocation of the previously approved plat road, nor additional impacts to surrounding properties. The applicant received approval city of Edmonds Zoning Map, May 10, 2013 for a separate preliminary plat change on December 13, 2012, which involved the reducing the number of lots in the plat from eight to seven. No new conditions were included with that approval; the Hearing Examiner's original conditions were adopted but updated to reflect a new lot Minor change #2 to Hill -Lake Ballinger preliminary plat File No. PLN20080046 Page 2 of 6 numbering scheme. The conditions identified in the first modification request will be adopted as part of this decision and amended as appropriate. Q 1 `. A. Applicant: Ardsley Homes, LLC (Lyle Landrie rep.) Site Location: 24219-24227 76th Ave. West (Tax IDs 00488800702000, 00488800601501,00488800601502,00488800601503) C. • Request: Minor change to shift lake access for Lot 5 of former Hill -Lake Ballinger preliminary plat D. Review Process: A minor change to an approved preliminary plat is a Type II permit. Following a public comment period, the Director makes an administrative decision. E. Maior Issues: 1. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.75, subdivision ordinance. 2. Compliance with ECDC Chapter 20.01, development permit review requirements. 3. Compliance with ECDC Section 16.20.030, site development standards for residential zones. 4. Compliance with ECDC Title 18, public works requirements. 5. Compliance with ECDC Chapter 20.15A, environmental review. 6. Compliance with ECDC Chapter 23.10, shoreline master program. `IH 1. Hearing Examiner's approval decision for Hill -Lake Ballinger, dated October 16, 2008 2. Minor change #1 approval decision to Hill -Lake Ballinger preliminary plat, dated December 12, 2012 3. Land use application for minor change #2, received May 28, 2013 4. Approved Preliminary Plat Map (Sheet P-1, dated 10/5/12) 5. Approved Shoreline Permit Plan (Sheet P-2, dated 10/5/12) 6. Approved Preliminary Utility and Road Plans (Sheets PE1 and PE2, dated 10/5/12) 7. , Proposed Preliminary Plat Map (Sheet P-1 revised 5/21/13) 8. Proposed Shoreline Permit Plan (Sheet P-2 revised 5/21/13) 9. Proposed Preliminary Utility and Road Plans (Sheets PE1 and PE2, revised 5/21/13) 10. Ecology Notification of Receipt of Approved SDP, dated November 7, 2008 11. Adoption of Existing Environmental Document, dated July 23, 2013 12. Public notice documentation 13. Department technical comments A. Compliance with the Subdivision Ordinance 1. Changes to approved preliminary plats. Minor change 42 to Hill -Lake Ballinger preliminary plat File No. PLN20080046 Page 3 of 6 a. The eight lot Hill -Lake Ballinger plat was granted preliminary approval on October 16, 2008. [Attachment 1] b. The original preliminary plat was reduced to seven lots through a minor change approved on December 13, 2012. [Attachment 2] c. According to ECDC 20.75.110.A: The community development director may approve as a Type Il decision (staff decision = notice required) minor changes to an approved preliminary plat, or its conditions of approval. If the proposal involves additional lots, rearrangement of lots or roads, additional impacts to surrounding property or other major changes, the proposal shall be reviewed in the some manner as the original application. d. The subject revision would shift the required lake access for Lot 5 from the south side of Lot 6 to the north side of Lot 6. Relocating that portion of Lot 5 will simplify access to an existing sanitary sewer manhole. [Attachments 7-9] The change does not involve additional lots, rearrangement of lots or roads, nor additional impacts to surrounding property. e. The requested minor change to the preliminary plat approval meets the requirements of ECDC 20.75.110.A. 1. Lot Layout Each proposed lot must meet the dimensional requirements of the zoning ordinance (ECDC 16.20.030). The basic layout of the lots remains unchanged from the revision approved in December 2012 except that the required lake access for Lot 5 is provided north of Lot 6 as opposed to south of Lot 6. [Attachments 4 and 7] b. Lot Area The following table summarizes the minimum required lot area for the RS -8 and RSW-12 zones (in square feet): Original Proposal Required Lot Area Original - Revision I Required Area Revision I Area Revision 2 Area :111 1.1 1 1 :111 ■ 11 �■i'a111 . • � 1111 1 • � I 1 1 1 , i. �•• •• :- :111 1�• • 111 •11� 12,536 gross • � 111 �1 • r .�. 111 1 • 111 • : . • 111 1 , _. Minor change #2 to Hill -Lake Ballinger preliminary plat File No. PLN20080046 Page 4 of 6 An access and utility easement is shown on Lot 5 benefiting Lot 6. The area of the access easement (approximately 1,200 square feet) must be subtracted from the total lot area of Lot 5 to yield a net lot area in excess of the minimum 12,000 square feet required for the zone. This is added as a condition of the decision. 2. Lot Width The required minimum lot width in the RS -8 zone is 70 feet. Each of the RS -8 lots meets this requirement except for Lot 2. The width of Lot 2 must be revised to comply with this requirement; a condition to this effect will be added. It is noted that the shift in lot widths will change lot areas of the RS -8 zoned lots; a condition ensuring RS -8 lot area compliance will be added. The three RSW-12 parcels are not required to have a minimum lot width; however, each has a width in excess of 60 feet and also has frontage on the ordinary high water line and a public street or access easement in accordance with ECDC 16.20.030 (sub 4). 3. Setbacks Setbacks are ultimately confirmed at building permit. The shorelands ownership of Lots 5 and 6 was does not reflect the revised upland ownership of those two parcels. The correct ownership must be shown on the final plat and the minimum required 10' side setback from the dock on Lot 7 must be maintained. A condition to this effect will be added to the decision. 4. As conditioned, the lots satisfy the zoning requirements found in ECDC 16.20.030. _ _ -_ M.M. 1. The Hearing Examiner approved a Shoreline Substantial Development Permit (PLN20080047) along with the preliminary plat pursuant to the requirements in ECDC 23.10. [Attachment 1] 2. The decision was sent to the Department of Ecology who received it on November 3, 2008. [Attachment 10] November 3, 2008 became the effective date of the Substantial Development Permit (SDP). 3. The proposed change to shift lake access of Lot 5 does not require a revision to the SDP in accordance with WAC 173-27-100 since the change is within the scope and intent of the original shoreline substantial development permit. 1. Due to the number of lots being created and because a shoreline substantial development permit was required for the development, an environmental determination was required as part of the original permits (PLN20080046 and PLN 20080047 ). Minor change 42 to Hill -Lake Ballinger preliminary plat File No. PLN20080046 Page 5 of 6 A determination of nonsignificance was issued by the City of Edmonds on August 12, 2008 and was not appealed. 3. The existing determination and checklist were adopted as part of the subject minor change request since there will be no additional environmental impacts associated with the shifting of lake access for Lot 5. [Attachment 11] On July 2, 2013, a notice of development application and public comment period was published in the Everett Herald newspaper and posted at the subject site, as well as the other required locations (the Public Safety Building, City Hall, and the Edmonds Library). The notice was also mailed to property owners within 300 feet of the site. The City has complied with the noticing provisions in ECDC 20.03. [Attachment 12] IARI• 11 1 1. Technical Comments The Engineering Division also reviewed this preliminary plat change. [Attachment 131 A utility easement designation condition was proposed to be added to the decision. 2. Public Comments No public comments were received regarding the proposed minor revision. Based upon the Findings of Fact, Conclusions and Attachments submitted with the application and during the comment period, the following is the decision of the City of Edmonds Planning Division: This minor change to the preliminary approval of the Hill -Lake Ballinger (Shoreshire) Plat is APPROVED with conditions. These new conditions are in addition to those noted in the Hearing Examiner's October 16, 2008 decision, as amended by the December 12, 2012 minor change decision: 1. The width of proposed Lot 2 must be increased to meet the minimum required 70' lot width for the RS -8 zone. All platted lots must meet the minimum requirements for lot width and lot area. The shorelands ownership of Lots 5 and 6 must be updated to match the revised upland ownership. A minimum 10' side setback for the dock on Lot 7 shall be maintained. 3. The square footage of the access and utility easement for Lot 6 over Lot 5 must be subtracted from the lot area calculations. Lots 5, 6 and 7 must maintain a minimum net lot area of 12,000 square feet. Minor change #2 to Hill -Lake Ballinger preliminary plat File No. PLN20080046 Page 6 of 6 4. Approval of this modification request shall not be interpreted to mean approval of the improvements shown on the preliminary plans. Utility easement designation over adjacent portion of Lots 5 & 7 will be determined during review and approval of the final plat. A party of record may submit a written appeal of a Type II decision within 14 days of the date of issuance of the decision. The appeal will be heard at an open record public hearing before the Hearing Examiner according to the requirements of ECDC Chapter 20.06 and Section 20.07.004. 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. Planning Division Engineering Division Laurie Hill & Kathy Maag 24223 76th Ave. W Edmonds, WA 98026 Lyle Landrie Ardsley Homes, LLC 16109 Ash Way, Suite 201 Lynnwood, WA 98087 Alvin Rutledge 7101 Lake Ballinger Way Edmonds, WA 98026 Scott Boye PO Box 2265 Friday Harbor, WA 98250 Robert and Peggy Boye 23425 76th Ave. W Edmonds, WA 98026 Lynn & Stephen Yarnall 24213 76th Ave. W Edmonds, WA 98026 Ken Peirce 24005 74th Ave. W Edmonds, WA 98026 Wen -Fong Chang 7510 242nd Place W Edmonds, WA 98026 Rob Long The Blueline Group, LLC 25 Central Way, Suite 400 Kirkland, WA 98033 CITY OF EDMONDS 121 - 5TH AVENUE NORTH, EDMONDS, WA 98020 PLANNING DIVISION Applicant: Ardsley Homes, LLC (Lyle Landrie rep.) From: - Mike Clugston, 41CP Associate Planner Date: February 6, 2014 File: PLN20080046 — Minor change #3 to Hill -Lake Ballinger approved preliminary plat The applicant is proposing a third minor change to the former 11111 -Lake Ballinger plat (since renamed Shoreshire plat), which received preliminary approval from the Hearing Examiner on October 16,2008, This change involve.-, correcting the location of external lot lines that had been shown incorrectly on previous preliminary plat surveys (Attachment 13). According to the Edmonds Community 6velopment Code in ECDC 20.75,110.A, minor changes to an approved preliminary plat must be processed as a Type 11 decision. city of Wow n 1"IsZ0000MOP, May 10, 2013 The applicant received ap roval p for a first initial preliminary plat change on December 13, 2012, which involved the reducing the number of proposed lots in the plat from eight to seven (Attachment C). Noneve conditions were included ATTACHMENT 4 PLN20080046 Minor change #3 to Hill -Lake Ballinger preliminary plat File No, PLN20080046 Page 2 of 6 with that approval; the Hearing Examiner's original conditions were adopted but revised to reflect an updated lot numbering scheme. On July 30, 2013, a second minor change was approved that involved shifting the required access to Lake Ballinger for Lot 5 from the south side of Lot 6 to the north side of Lot 6 (Attachment D). Relocating that portion of Lot 5 simplified access to an existing sanitary sewer manhole. The conditions identified in the first modification request were adopted as part of the second minor decision and amended as applicable. In addition to correcting exterior boundary lines, the current preliminary plat modification proposal would satisfy conditions #1, #2 and #3 of the July 30, 2013 modification decision. ] A. Applicant: Ardsley Homes, LLC (Lyle Landrie rep.) B. Site Location: 24219-24227 76th Avenue West (Tax IDs 00488800702000, - 00488800601501,00488800601502,00488800601503) C. Request: Minor change to exterior lot lines of an approved preliminary to correct previous surveying errors D. Review Process: A minor change to an approved preliminary plat is a Type II permit. Following a public comment period, the Director makes an administrative decision. E. Maior Issues: 1. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.75, subdivision ordinance. 2. Compliance with ECDC Chapter 20.01, development permit review requirements. 3. Compliance with ECDC Section 16.20.030, site development standards for residential zones. E 4. Compliance with ECDC Title 18, public works requirements. 5. Compliance with ECDC Chapter 20.15A, environmental review. 6. Compliance with ECDC Chapter 23.10, shoreline master program. III. ATTACHMENT A. Hearing Examiner's approval decision for Hill -Lake Ballinger preliminary plat, dated October 16, 2008 B. Surveyor's Narrative (received October 17, 2013 with materials submitted for associated final plat review) C. Minor change #1 approval decision to Hill -Lake Ballinger (Shoreshire) preliminary plat, dated December 12, 2012 D. • Minor change #2 approval decision to Hill -Lake Ballinger (Shoreshire) preliminary plat, dated July 30, 2013 E. Land use application for minor change #3, received December 19, 2013 F. Approved Preliminary Plat Map (Sheet P-1, dated 5/21/13) G. Approved Shoreline Permit Plan (Sheet P-2, dated 5/21/13) Minor change #3 to Hill -Lake Ballinger preliminary plat File No. PLN20080046 Page 3 of 6 H. Approved Preliminary Utility and Road Plans (Sheets PEI and PE2, dated 5/21/13) I. Proposed Preliminary Plat Map (Sheet P-1 revised 12/6/13) J. Proposed Shoreline Permit Plan (Sheet P-2 revised 12/6/13) K. Proposed Preliminary Utility and Road Plans (Sheets PEI and PE2, revised 12/6/13) L. Ecology Notification of Receipt of Approved SDP, dated November 7, 2008 M. Adoption of Existing Environmental Document, dated January 28, 2014 N. Public notice documentation O. Title report 1. Changes to approved preliminary plats. a. The eight lot Hill -Lake Ballinger plat was granted preliminary approval on October 16, 2008. [Attachment A] b. The original preliminary plat was reduced to seven lots through a minor change approved on December 13, 2012. [Attachment C] c. A second minor change to the preliminary plat shifting lake access of Lot 5 was approved on July 30, 2013. [Attachment D] d. According to ECDC 20.75.110.A: The community development director may approve as a Type 11 decision (staff decision — notice required) minor changes to an approved preliminary plat, or its conditions of approval. If the proposal involves additional lots, rearrangement of lots or roads, additional impacts to surrounding property or other major changes, the proposal shall be reviewed in the some manner as the original application. e. The subject revision involves correcting the location of external lot lines that had been shown incorrectly on the previous approved preliminary plat surveys. The project surveyor explains the issue in Attachment B and the differences in the surveys can be seen in Attachments F and I. The proposed change will also satisfy conditions #1, #2 and #3 of the second minor change approved on July 30, 2013. [Attachment D, page 5] The width of Lot 2 will be greater than the required 70'. At the same time, the shorelands ownership for Lots 5 and 6 has been revised and the square footage for the access and utility easement for Lot 6 has been subtracted yielding a net lot area for Lot 5 in excess of 12,000 square feet. The proposed change does not involve additional lots, rearrangement of lots or roads, nor additional impacts to surrounding property. f. The requested minor change to the approved preliminary plat meets the requirements of ECDC 20.75.110.A. Minor change 43 to Hill -Lake Ballinger preliminary plat File No. PLN20080046 Page 4 of 6 1. Lot Layout Each proposed lot must meet the dimensional requirements of the zoning ordinance (ECDC 16.20.030). The basic layout of the lots remains unchanged from the revisions approved in December 2012 and July 2013 except that the exterior property boundaries are now shown correctly and conditions 1- 3 of the July 2013 decision are satisfied. [Attachments F and 11 b. Lot Area The following table summarizes the minimum required lot area for the RS -8 and RSW-12 zones (in square feet): Original Proposal Required Lot Area Original Area Revision 1 Proposal Required Lot Area Revision 1 Area Revision 2 Area Revision 3 Area Lot 1 8,000 8,273 Lot 1 8,000 10,530 10,530 9,999 Lot 2 8,000 8,038 Lot 2 8,000 8,212 8,212 8,400 Lot 3 . ' 8,000 8,002 Lot 3 8,000 8,913 8,913 8,700 Lot 4 8,000 8,012 Lot 4 8,000 9,752 9,752 9,602 Lot 5 8,000 8,049 Lot 5 12,000 12,600 12,536 gross 12,468 gross Lot 6 12,000 12,240 Lot 6 12,000 13,265 13,327 13,026 Lot 7 12,000 15,693 Lot 7 12,000 14,516 14,516 15,018 Lot 8 . ' 12,000 13,034 An access and utility easement is shown on Lot 5 benefiting Lot 6. The area of the access easement (459 square feet) is subtracted from the total lot area of Lot 5 and yields a net lot area in excess of the minimum 12,000 square feet required for the zone (12,007 square feet). [Attachment 1] 2. Lot Width The required minimum lot width in the RS -8 zone is 70 feet. Each of the RS -8 lots meets this requirement. The three RSW-12 parcels are not required to have a minimum lot width; however, each has a width in excess of 60 feet and also has frontage on the ordinary high water line and a public street or access easement in accordance with ECDC 16.20.030 (sub 4). 1. The Hearing Examiner approved a Shoreline Substantial Development Permit (PLN20080047) with the preliminary plat pursuant to the requirements in ECDC 23.10. [Attachment A] 2. The decision was sent to the Department of Ecology who received it on November 3, 2008. [Attachment L] November 3, 2008 became the effective date of the Substantial Development Permit (SDP). Minor change #13 to Hill -Lake Ballinger preliminary plat File No. PLN20080046 Page 5 of 6 3. The proposed change to the exterior lot lines does not require a revision to the SDP in accordance with WAC 173-27-100 since the change is within the scope and intent of the original shoreline substantial development permit. 1. Due to the number of lots being created and because a shoreline substantial development permit was required for the development, an environmental determination was required. 2. A determination of nonsignificance was issued by the City of Edmonds on August 12, 2008 and was not appealed. 3. The existing determination and checklist were adopted as part of the subject minor change request since there will be no additional environmental impacts associated with correcting the exterior property lines of the development. [Attachment M] On January 16, 2014, a notice of development application and public comment period was published in the Everett Herald newspaper and posted at the subject site, as well as the other required locations (the Public Safety Building, City Hall, and the Edmonds Library). The notice was also mailed to property owners within 300 feet of the site. The City has complied with the noticing provisions in ECDC 20.03. [Attachment N] 1, Public Comments No public comments were received regarding the proposed minor revision. e Based upon the Findings of Fact, Conclusions and Attachments submitted with the application and during the comment period, the following is the decision of the City of Edmonds Planning Division: subjectThis ... APPROVED(Shoreshire) Plat is . existing conditions the Hearing Examiner's October 16, 2008 decision, as amended by the December 12, 2012 minor change. -ll as Condition #4 from the July 30, 2013 minor change decision, MANEVATIM] A party of record may submit a written appeal of a Type II decision within 14 days of the date of issuance of the decision. The appeal will be heard at an open record public Minor change #3 to Hill -Lake Ballinger preliminary plat File No. PLN20080046 Page 6 of 6 hearing before the Hearing Examiner according to the requirements of ECDC Chapter 20.06 and Section 20.07.004. 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. Planning Division Engineering Division Laurie Hill & Kathy Maag 24223 76th Ave. W Edmonds, WA 98026 Lyle Landrie Ardsley Homes, LLC 16109 Ash Way, Suite 201 Lynnwood, WA 98087 Alvin Rutledge 7101 Lake Ballinger Way Edmonds, WA 98026 Scott Boye PO Box 2265 Friday Harbor, WA 98250 Robert and Peggy Boye 23425 76th Ave. W Edmonds, WA 98026 Lynn & Stephen Yarnall 24213 76th Ave. W Edmonds, WA 98026 Ken Peirce 24005 74th Ave. W Edmonds, WA 98026 Wen -Fong Chang 7510 242nd Place W Edmonds, WA 98026 Rob Long The Blueline Group, LLC 25 Central Way, Suite 400 Kirkland, WA 98033 6 City of Edmonds n Land Use Application ❑ ARCHITECTURAL DESIGN REVIEW ® ` ❑ COMPREHENSIVE PLAN AMENDMENT ❑ CONDITIONAL USE PERMIT FILErO[ f IV -16 ZONE OS —� n2-3661— ❑ HOME OCCUPATION DAT�'"� REC'DBY ❑ FORMAL SUBDIVISIONt i b U n J (� ❑ SHORT SUBDIVISION FEE ( Ok" RECEIPT # ❑ LOT LINE ADJUSTMENT HEARING DATE ❑ PLANNED RESIDENTIAL DEVELOPMENT ❑ OFFICIAL STREET MAP AMENDMENT ❑ HE STAFF ❑ PB ❑ ADB ❑ CC ❑ STREET VACATION ❑ REZONE ❑ SHORELINE PERMIT ❑ VARIANCE / REASONABLE USE EXCEPTION N OTHER: 4th Plat Revision ® PLEASE NOTE THAT ALL INFORNIA TION CONTAINED WITHIN THE APPLICATION IS A PUBLIC RECORD PROPERTY ADDRESS OR LOCATION 24223 76th Ave W Edmonds WA 98026 PROJECT NAME (IF APPLICABLE) Hill Lake Ballinger PROPERTY OWNER Ardsley Homes, LLC. PHONE # Lyle Landrie: 425-275-5328 ADDRESS 16108 Ash Way, Suite 201, Lynnwood, WA 98087 E-MAIL lylena,sundguisthomes.com FAX # 425-742-8469 TAX ACCOUNT # 00488800601503 00488800601502, SEC. 32 TWP. 27N RNG. 4E 00488800601501 & 00488800702000 DESCRIPTION OF PROJECT OR PROPOSED USE (ATTACH COVER LETTER AS NECESSARY) Develop 4 parcels on Lake Ballinger into a 7 lot plat. DESCRIBE HOW THE PROJECT MEETS APPLICABLE CODES (ATTACH COVER LETTER AS NECESSARY) Minor modification to revise lot 5 and 6 to provide frontage on the ordinary high water line and public street. APPLICANT Ardsley Homes, LLC./Lyle Landrie PHONE # 425-275-5328 ADDRESS 16109 Ash way, Suite 201, Lynnwood, WA 98087 E-MAIL lyle@sundquisthomes.com FAX # 425-742-8469 CONTACT PERSON/AGENT The Blueline Group, LLC./ Rob Long PHONE # 425-216-4051 x223 ADDRESS 25 Central Way, Suite 400, Kirkland, WA 98033 E-MAIL rlongpthebluelinegroup.com FAX# 425-216-4052 The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/her/its agents or employees. By my signature, I certify that the ' formatio ib ith submi are true and correct to the best of my knowledge and that I am authorized to file this ap aIto eh he owner a is glow. SIGNATURE OF APPLICANT/AGENT DATE 4 110 i Property Owner's Authorization I, certify under the penalty of perjury under the laws of the State of Washington that the following is a true and correct statement: I have authorized the above Applicant/Agent to apply for the subject land use application, and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the purposes of inspection and posting attendant to this application. SIGNATURE OF OWNER DATE _ Questions? Call (425) 771-0220. ATTACHM PI m?nnRi Revised on 8122/12 B - Land Use Application DF.096 set sGMO 'GX 'A' 9.W H19,' ! 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Your permit is for subdividing 3 existing lots into 8 residential lots, within shoreline jurisdiction of Lake Ballinger By law, local governments must review all SDPs for compliance with the following: ® The Shoreline Management Act (Chapter 90.58 RCW) ® Ecology's Substantial Development Permit approval criteria (Chapter 173-27-150 WAC) a The Edmonds Local Shoreline Master Program Local governments, after reviewing the SDP for compliance, are required to submit the SDPs to Ecology for filing. Your. approved SDP has been received and filed by Ecology. What Happens Next? Before you begin activities authorized by this permit, the law requires you to wait at least 21 days from the date we received the decision letter from City of Edmonds on November 3, 2008. This waiting period allows anyone who (including you) disagrees with any aspect of this permit, to appeal the decision to the state Shorelines Hearings Board. You must wait for the conclusion of an appeal before you can begin the activities authorized by this permit. ,N��i14 Laurie Hill November 7, 2008 Page 2 of 2 If no appeal is submitted you may begin activities any time after November 24, 2008. The Shorelines Hearings Board will notify you by letter if they receive an appeal. We recommend, however, you contact the Shorelines Hearings Board before you begin permit activities to ensure no appeal has been received. They can be reached at (360) 459-6327 or bnp://www.eho.wa.g6v/Boards/SHB.aU. If yau want to appeal this decision, you can find appeal instructions (Chapter 461-08 WAC) at the Shorelines Hearings Board website above. They are also posted on the website of the Washington State Legislature at: http://apps.leg.wa.gov/wac. Other federal, state and local permits may be required in addition to this.shoreline permit. If this permit is NOT appealed, this letter constitutes the Department of Ecology's final notification of action on this permit. If you have any questions about this letter, please contact me at (425) 649-4253. SWPater, avorelands Specialist Shorelands and Environmental Assistance Program DP:cg: cc: Michael Clugston, City of Edmonds, Development Services Department l OF ED,y O U � Fsr. 1 s�o 121 5TH AVENUE NORTH, EDMONDS, WA 98020 (425) 771-0220 RCW 197-11-965 Adoption Notice Adoption of (check appropriate box) ® DNS ® EIS ® Other, Description of current proposal: Minor change to the Shoreshire preliminary plat (formerly Hill -Lake Ballinger). This change involves re-establishing access for proposed Lot 6 which was originally approved by the Hearing Examiner on October 16, 2008 (Lot 6 is zoned RSW-12). A previous minor change approved by staff on July 30, 2013 in accordance with ECDC 20.75.110.A altered this access to facilitate maintenance of an existing City sewer line near Lake Ballinger. However, lot access specifically for RSW- 12 parcels must be approved by the Hearing Examiner in accordance with Footnote 4 in ECDC 16.20.030. The subject minor change proposes to revert access to Lot 6 back to that originally approved by the Hearing Examiner. The prosect does not involve the creation of additional lots, relocation of the approved plat road, nor additional impacts to surrounding properties. The proposed change meets the intent of the associated shoreline substantial development permit as it was originally approved. Proponent: Ardsley Homes, LLC (Lyle Landrie) Location of proposal, including street address if any: 24219 — 24227 76th Ave. W, Edmonds, WA 98026 Title of document being adopted: Determination of Nonsignificance for Hill -Lake Ballinger Plat Agency that prepared document being adopted: City of Edmonds Date adopted document was prepared: August 12, 2008 Description of document (or portion) being adopted: DNS for Hill -Lake Ballinger preliminary plat and shoreline substantial development permit (PLN20080046 & PLN20080047) If the documet being adopted has been challenged (WAC 197-11-630), please describe: N/A The document is available to be read at (place/time): City of Edmonds, Development Services Department, 121 5th Ave. N Edmonds WA 98080 We have identified and adopted this document as being appropriate for this proposal after independent review. The document meets our environmental review needs for the current proposal and will accompany the proposal to the decisionmaker. Name of agency adopting document: City of Edmonds Contact person, if other than responsible official: Mike Clugston, AICD, Assoicate Planner Phone: Responsible official: Rob Chaye AICD Position/Title: Planning Director Phone: 425.771.0220 Addr Date: WAC (4/15/98) L:\ELECTRONIC ADDRESS FILES -Numbered and Lettered Streets\70'06th Ave\24223 (Shoreshire)\P-08-46 & SM -084 Commentand NAME OF APPLICANT: Ardsley Homes, LLC (Lyle Landrie) May 1, 2014 May 6, 2014 May 13, 2014 24219-24227 76th Ave. W., Edmonds PROJECT DESCRIPTION: Minor change to the Shoreshire preliminary plat (formerly Hill -Lake Ballinger). This change involves re-establishing access for proposed Lot 6 which was origi- nally approved by the Hearing Examiner on October 16, 2008 (Lot 6 is zoned RSW-12). A previous minor change approved by staff on July 30, 2013 in ac- cordance with ECDC 20.75.1,10.A altered this access to facilitate maintenance of an existing City sewer line near Lake Ballinger. However, lot access specifically for RSW-12 parcels must be approved by the Hearing Examiner in accordance with Footnote 4 in ECDC 16.20.030. The subject minor change proposes to re- vert access to Lot 6 back to that originally approved by the Hearing Examiner. The site is mix -zoned between Single Family Residential (RS -8) on the west half of the plat and Single Family Residential Waterfront (RSW-12) on the east. Mi- nor changes to approved preliminary plats are Type II decisions (staff decision, notice required). PUBLIC COMMENTS DUE: May 27, 2014 Any person has the right to comment on this application during the public comment period, receive notice and participate in any hearings, and request a copy of the decision on the application. The City may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit. Only parties of record as defined in ECDC 20.07.003 have standing to initiate an administrative appeal. City of Edmonds Development Services Department Planning Division 121 5th Avenue North Edmonds, WA 98020 Project Planner: Mike Clugston; Associate Planner michael.clugstonCedmondswa.gov 425.771.0220 www.edmondswa.gov ATTACHMENT 15 PLN20080046 MINOR CHANGE #A pF BDit9� V- �o Hill -Lake Ballinger Flat Min®r Modification Zoning and Vicinty Map 2421 a 24227 76th Ave. �g 1 inch = 175 feet l�c 1390 PLN2®® ®46 Attach this notarized declaration to the adjacent property owners list. On my oath, I certify that the names and addresses provided represent all properties located within 300 feet of the subject property. Signature of Applicant or Applicant's Representative Subscribed and sworn to before me this day of Notary Public in and for the State of Washington Residing at ROSE M. TINTI Notary Public State of Washington My Commission Expires August 23, 2014 Revised on 9/30/11 P2 - Adjacent Property Owners List Page 2 of 2 '00488800601104 '00488800601201 '00488800601202 Esther Sellers David & Mary Ehlers Esther Sellers 7514 241st SW 24119 76th Ave W 7514 241st SW Edmonds, WA 98026 Edmonds, WA 98026 Edmonds, WA 98026 '00488800601203 '00488800601401 '00488800601402 Ronald Miller Kamal/Nayantra Nand Hsi Yun Liu 24126 Beeson PI 7530 242nd PI SW 7520 242nd PI SW Edmonds, WA 98026 Edmonds, WA 98026 Edmonds, WA 98026 '00488800601403 '00488800601404 00488800601601 Wen Fong Chang Hun Sam & Yean Suk Ha Brown Susan & Jerry Trust 7510 242nd PI SW 7502 242nd PI SW 16301 Fremont Ave N Edmonds, WA 98026-8539 Edmonds, WA 98026-8539 Shoreline, WA 98133 '00488800601602 '00488800601603 '00488800601604 Janet Wrathall Cory Moormeier Sandra Adams 7505 Lake Ballinger Way 7525 Lake Ballinger Way 7417 Lake Ballinger Way Edmonds, WA 98026-8549 Edmonds, WA 98026 Edmonds, WA 98026 '00488800601605 '00488800601606 '00488800601607 Chad & Rachael Bauer Martina Emeh Robert Cramer 24321 76th Ave W 24319 76th Ave W 24317 76th Ave W Edmonds, WA 98026-9107 Edmonds, WA 98026 Edmonds, WA 98026-9107 '00488800601608 '00488800601700 '00488800701500 Zachary Pendt Mai Thi Lam Ann Kashiwa 24315 76th Ave W 7511 Lake Ballinger Way 24129 Beeson PI Edmonds, WA 98026-9107 Edmonds, WA 98026-8549 Edmonds, WA 98026 '00488800701800 '00488800701901 '00488800701902 Gerald Sams Brent Smith Lynn Yarnall 7410 242nd PI S W 19058 10th Ave NW 24213 76th Ave W Edmonds, WA 98026 Shoreline, WA 98177 Edmonds, WA 98026-9105 '00488800702200 '00488800702300 '00488800702401 Robert Boye Byong Woo & An An Sook Kim Peter Brower 24325 76th Ave W 7415 Lake Ballinger Way 7409 Lake Ballinger Way Edmonds, WA 98026-9107 Edmonds, WA 98026 Edmonds, WA 98026-8548 '00488800702402 '00488800702403 '00488800702501 City Of Edmonds Peter & Jacqueline Brower David Wei & Geng Anna Xiaoming Wang 121 Fifth Ave N 7409 Lk Ballinger Wy 18718 82nd Ave NE Edmonds, WA 98020 Edmonds, WA 98026 Kenmore, WA 98028 '00488800702502 '00488800702700 '00488800800101 William Knapp Richard Rusch Jon & Shirley Parrott 7401 Lake Ballinger Way 1318 NW 188th 7219 Lake Ballinger Way Edmonds, WA 98026 Seattle, WA 98177 Edmonds, WA 98026-8546 '00488800800102 '00491100000902 '00491100001001 John Greenway Gennadiy Kutashvili Seattle Baptist Church 7725 Lake Ballinger Way 9107 9th Ave SE 7620 242nd St SW Edmonds, WA 98026 Everett, WA 98208 Edmonds, WA 98026-9122 '00491100001003 '00491100001004 '00491100001005 Seoung Juk Ahn One5 Ballinger Inc One5 Ballinger Inc 7621 244th St SW 8315 S 212th St 8315 S 212th St Edmonds, WA 98026 Kent, WA 98032 Kent, WA 98032 '00491100001006 '00491100001007 '00491100001008 Ronald & Renee Knowles Seattle Baptist Church Rodney Juntunen 18633 17th Ave NW 24228 76th Ave W 24200 76th Ave W Seattle, WA 98177 Edmonds, WA 98026 Edmonds, WA 98026 '00491100001010 '00491100001013 '00634400000100 Goffette LLC Seattle Baptist Church Khawla/AI-Jelaihawi Safaa Hadi PO Box 488 PO Box 12086 7531242nd PI SW Lynnwood, WA 98046 Mill Creek, WA 98082 Edmonds, WA 98026 '00634400000200 '00634400000300 '00634400000400 Chong Park Jack Sherwood Debra & Rizzi Christopher Lee -Rizzi 7521242nd PI SW 7511242nd PI SW 7501 242nd PI S W Edmonds, WA 98026 Edmonds, WA 98020 Edmonds, WA 98026 '00634400000500 Jolene Cox 7409 242nd PI SW Edmonds, WA 98026 '00634400000600 Leslie & Linda Dyson 7401 242nd PI S W Edmonds, WA 98026 On the 13th day of May, 2014, the attached Notice of Application was mailed by the City to property owners within 300 feet of the property that is the subject of the above -referenced application. The names of which were provided by the applicant. I, Diane Cunningham, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 13th day of May, 2014 at Edmonds, Washington. Signed: GW4"-,) 0 {BFP747887.DOC;1\00006.900000\ } F01 Off IM On the 13th day of May, 2014, the attached Notice of Application was posted as prescribed by Ordinance and in any event where applicable on or near the subject property. I, Kevin Garrett, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 13th day of May, 2014, at Edmonds, Washington. Signed: {BFP747892.DOC; 1\00006.900000\ 1 RM 1 1111lljn State of Washington } County of Snohomish } ss Karen Van Horn being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of 561922 Ardsley Homes, Notice of Application EDH as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 05/13/2014 and ending on 05/13/2014 and that said newspaper was regularly distributed to its subscribers during all of said period. The amou t of the fee for such publication is $91.16. Subscribed and sworn before me on this (J day of Di� Nota ublic in and for the State of Washington. City ,i f-dmnn&- LEGAL Any 114101416 o1ANr: CUNNING11AM SUSAN L. STOLi Z � PLN2008U1Nt, STATE OF 114AS1INGTO NOTARY --o-- PUBLIC Orly Cornmisslon Expires 92-20-2017 Date: To: From: Subject: UUM "IN WE June 4, 2014 Mike Clugston, Planner Jeanie McConnell, Engineering Program Manager PLN20080046 — Shoreshire Plat 2422376 th Ave W — Modification to Shift Lot Lines Engineering has reviewed the subject access modification for lots 5 and 6 of the Shoreshire Plat. The decision to approve this modification would not adversely affect the Engineering Division. Approval shall not be interpreted to mean approval of the improvements as shown on the preliminary plans submitted by the applicant. Thank you. City of Edmonds CHICAGO TITLE COMPANY 3002 COLBY AVENUE, EVERETT, WA 98201 AMENDMENT NO.4 PLAT CERTIFICATE Order No.: 5611073 Certificate for Filing Proposed Plat: In the matter of the plat submitted for our approval, this Company has examined the records of the County Auditor and County Clerk of SNOHOMI SH County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in said SNOHOMI SH County, to -wit: SEE SCHEDULE A (NEXT PAGE) VESTED IN: ARDSLEY HOMES, LLC, A WASHINGTON LIMITED LIABILITY COMPANY EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: TO FOLLOW TAX: Records examined to APRIL 22, 2 014 at 8: 00 AM CHICAGO TITLE COMPANY By 7 JIM CLINE Title Officer (425)259-8223 CHICAGO TITLE COMPANY PLAT CERTIFICATE SCHEDULE A (Continued) Order No.: 5611073 LEGAL DESCRIPTION LOTS 20 AND 21, BLOCK 7, AND LOT 15, BLOCK 6, LAKE BALLINGER LAND CO'S PLAT SUBDIVISION NO. 1, INCLUDING THAT PART OF VACATED BRADLEY ROAD LYING BETWEEN SAID LOT 15 IN BLOCK 6, AND LOTS 20 AND 21 IN SAID BLOCK 7, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 9 OF PLATS, PAGES 57 AND 58, RECORDS OF SNOHOMISH COUNTY, WASHINGTON; EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER AUDITOR'S FILE NUMBER 2033564; TOGETHER WITH SHORELANDS OF THE SECOND CLASS SITUATE IN FRONT OF, ADJACENT TO OR ABUTTING UPON LOTS 20 AND 21, BLOCK 7 OF SAID LAKE BALLANGER LAND CO'S PLAT SUBDIVISION NO. 1. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. PLATCRTL/RDA/0999 CHICAGO TITLE COMPANY PLAT CERTIFICATE SCHEULE Order No.: 5611073 This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records, G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). PLATCRTB/RDA/0999 CHICAGO TITLE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 5611073 EXCEPTIONS n 1. NO SEARCH HAS BEEN MADE AS TO PROPERTY TAXES AND ASSESSMENTS. PROPERTY TAXES AND ASSESSMENTS WILL BE SEARCHED UPON REQUEST. A 2. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED FROM THE STATE OF WASHINGTON, WHEREBY THE GRANTOR EXCEPTS AND RESERVES ALL OIL, GASES, COAL, ORES, MINERALS, FOSSILS, ETC., AND THE RIGHT OF ENTRY FOR OPENING, DEVELOPING AND WORKING THE SAME AND PROVIDING THAT SUCH RIGHTS SHALL NOT BE EXERCISED UNTIL PROVISION HAS BEEN MADE FOR FULL PAYMENT OF ALL DAMAGES SUSTAINED BY REASON OF SUCH ENTRY; RECORDED UNDER RECORDING NUMBER 326924. B RIGHT OF STATE OF WASHINGTON OR ITS SUCCESSORS, SUBJECT TO PAYMENT OF COMPENSATION THEREFOR, TO ACQUIRE RIGHTS OF WAY FOR PRIVATE RAILROADS, SKID ROADS, FLUMES, CANALS, WATER COURSES OR OTHER EASEMENTS FOR TRANSPORTING AND MOVING TIMBER, STONE, MINERALS AND OTHER PRODUCTS FROM THIS AND OTHER PROPERTY, AS RESERVED IN DEED REFERRED TO ABOVE. c AFFECTS: SHORELANDS D 3. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, MAINTENANCE PROVISIONS, NOTES AND DEDICATIONS, AND OTHER MATTERS AS SET,FORTH IN THE PLAT OF LAKE BALLINGER LAND CO'S PLAT SUBDIVISION NO. I RECORDED UNDER AUDITOR'S FILE NUMBER 210221. s 4. QUESTION OF LOCATION OF LATERAL BOUNDARIES OF SAID SECOND CLASS TIDELANDS OR SHORELANDS. F 5. RIGHT OF THE STATE OF WASHINGTON IN AND TO THAT PORTION, IF ANY, OF THE PROPERTY HEREIN DESCRIBED WHICH LIES BELOW THE LINE OF ORDINARY HIGH WATER OF LAKE BALLINGER. c 6. ANY PROHIBITION OR LIMITATION OF USE, OCCUPANCY OR IMPROVEMENT OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW OR HAS BEEN FORMERLY COVERED BY WATER. a 7. RIGHT TO'REGULATE THE LEVEL OF THE WATER OF LAKE BALLINGER, ALSO KNOWN AS LAKE MCALEER, AND OBLIGATIONS OF MAINTENANCE, ALL IN ACCORDANCE WITH THE PROVISIONS OF DECREE ENTERED IN SNOHOMISH COUNTY SUPERIOR COURT CAUSE NO. 39542. s 8. PUBLIC AND/OR PRIVATE EASEMENTS, IF ANY, IN EXISTENCE, OVER, UNDER, ALONG AND ACROSS THAT PORTION OF THE REAL ESTATE UNDER SEARCH LYING WITHIN VACATED BRADLEY ROAD PURSUANT TO VOLUME 25 OF COMMISSIONERS RECORDS AT PAGE 523. s 9. RESTRICTIONS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, PLATCRTBI/RDA/0999 K L M T CHICAGO TITLE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 5611073 NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: RECORDED: DECEMBER 7, 1928 RECORDING NUMBER: 441577 AS FOLLOWS: IT IS EXPRESSLY COVENANTED AS FOLLOWS: THAT THE PARTY OF THE SECOND PART, HIS HEIRS, ADMINISTRATORS AND ASSIGNS, SHALL NOT AT ANY TIME HEREAFTER ERECT, CAUSE OR PROCURE, PERMIT OR SUFFER TO BE ERECTED UPON SAID PREMISES, OR ANY PART THEREOF, ANY BUILDING OR BUILDINGS TO BE USED OR OCCUPIED FOR ANY OTHER PURPOSE THAN A PRIVATE RESIDENCE OR DWELING, AND ANY SUCH RESIDENCE OR DWELLING ERECTED THEREON SHALL COST NOT LESS THAN $1,000.00, BUT NECESSARY OUTBUILDINGS FOR RESIDENCE USES MAY BE ERECTED ON SAID PREMISES AT THE SAME TIME WITH, OR ANY ANY TIME AFTER, THE ERECTION OF SAID RESIDENCE OR DWELLING, AND IT IS FURTHER EXPRESSLY COVENANTED THAT NO BOAT -HOUSE, LANDING OR OTHER STRUCTURE'SHALL BE ERECTED ON THE MARGIN OF LAKE BALLINGER, EXCEPT FOR THE PRIVATE USE OF SAID PREMISES, AND NO REFUSE, LITTER OR OTHER OBNOXIOUS MATTER OR THING WHATSOEVER SHALL BE DEPOSITED IN OR ALLOWED TO PASS INTO SAID LAKE FROM SAID PREMISES. 10. BOUNDARY LINE AGREEMENT AND THE TERMS, CONDITIONS AND PROVISIONS CONTAINED THEREIN: RECORDED: RECORDING NUMBER: APRIL 7, 1947 841038 11. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF EDMONDS, A MUNICIPAL CORPORATION PURPOSE: SANITARY AND/OR STORM SEWER LINES AREA AFFECTED: PORTION OF LOTS 20 AND 21 RECORDED: SEPTEMBER 20, 1962 RECORDING NUMBER: 1560696 12. COVENANT TO BEAR PART OR ALL OF THE COST OF CONSTRUCTION OR REPAIR OF EASEMENT GRANTED OVER ADJACENT PROPERTY: PURPOSE OF EASEMENT: APPROACH BETWEEN RIGHT OF WAY LINE AND SHOULDER LINE OF HIGHWAY RECORDING NUMBER: 2033564 13. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY PLATCRB2/RDA/0999 PURPOSE: CONSTRUCT, OPERATE, MAINTAIN, REPAIR, REPLACE, IMPROVE, REMOVE, AND ENLARGE ONE OR MORE UTILITY SYSTEMS FOR PURPOSES OF TRANSMISSION, DISTRIBUTION AND SATE OF GAS. AREA AFFECTED: EASEMENT NO. 1: ALL STREETS AND ROAD RIGHTS-OF-WAY AS NOW OR HEREAFTER DESIGNED, PLATTED, AND/OR CONSTRUCTED WITHIN THE ABOVE DESCRIBED PROPERTY. (WHEN SAID STREETS AND ROAD ARE DEDICATED TO THE PUBLIC, THIS CLAUSE SHALL BECOME NULL AND VOID.) EASEMENT NO. 2: A STRIP OF LAND 10 FEET IN WIDTH ACROSS ALL LOTS, TRACTS AND OPEN SPACES LOCATED WITHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE BOUNDARIES OF ALL PRIVATE/PUBLIC STREET AND ROAD RIQHTS-OF-WAY. RECORDED: JULY 26, 2013 RECORDING NUMBER: 201307260492 N 14. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: ARDSLEY HOMES, LLC, A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: CHICAGO TITLE INSURANCE COMPANY BENEFICIARY: DOUGLAS BRATZ AND JANICE BRATZ . AMOUNT: $ 714,000.00 DATED: APRIL 29, 2013 RECORDED: APRIL 30, 2013 RECORDING NUMBER: 201304300203 LOAN NUMBER: THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. 0 15. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: ARDSLEY HOMES, LLC, A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: CHICAGO TITLE INSURANCE COMPANY BENEFICIARY: WOODIN CREEK, LLC AMOUNT: $ 714,000.00 DATED: APRIL 29, 2013 RECORDED: APRIL 30, 2013 RECORDING NUMBER: 201304300204 PLATCRBZ/RDA/0999 CHICAGO TITLE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 5611073 LOAN NUMBER: THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. Q 16. THE COMPANY'S LIABILITY FOR THIS REPORT IS LIMITED TO $1,000.00. THIS REPORT IS BASED ON THE COMPANY'S PROPERTY RECORDS, AND NO LIABILITY IS ASSUMED FOR ITEMS MISINDEXED OR NOT INDEXED IN THE PUBLIC RECORDS, OR FOR MATTERS WHICH WOULD BE DISCLOSED BY AN INQUIRY OF THE PARTIES IN POSSESSION OR BY AN ACCURATE SURVEY OR INSPECTION OF THE PREMISES. THIS REPORT AND THE LEGAL DESCRIPTION GIVEN HEREIN ARE BASED UPON INFORMATION SUPPLIED BY THE APPLICANT AS TO THE LOCATION AND INDENTIFICATION OF THE PREMISES IN QUESTION, AND NO LIABILITY IS ASSUMED FOR DISCREPANCIES RESULTING THEREFROM. THIS REPORT DOES NOT REPRESENT EITHER A COMMITMENT TO INSURE TITLE, AN EXAMINATION OF, OR OPINION AS TO THE SUFFICIENCY OR EFFECT OF THE MATTERS SHOWN, OR AN OPINION AS TO THE MARKETABILITY OF TITLE TO THE SUBJECT PREMISES. END OF SCHEDULE B s j PiATCRB2/RDA/0999