P084chg 4 stf rpt & atts.pdfCITY OF EDMONDS
C21 - STH AVENUE NORTH, EDMONDS, WA 98020
Applicant: Ardsley Homes, LLC (Lyle Landrie rep.)
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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
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former Hill -Lake Ballinger plat
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(since renamed Shoreshire
plat), which received
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preliminary approval from the
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Hearing Examiner on October
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16, 2008.
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This change involves shifting
the road and lake accesses of
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Lots 5 and 6 back to that which
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had originally been approved by
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the Hearing Examiner. These
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accesses had been shifted as
part of previous minor change
(#2) to facilitate access to an
existing City sewer line near
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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
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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
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.7171 1
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2,536
gross..�=
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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
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STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
Northwest Regional Office ® 3190 160th Avenue St ® Bellevue, Washington 98008-5452 ® (425) 649-7000
November 7, 2008
certify that I mailed a copy of this document
to the persons and addresses listed herein,
postage prepaid, i receptacle for United r
States mail in //e1
Ms. Laurie Hill Washington, v�d�$
24223 76th Avenue West o"
rdtA
Edmonds, WA 98026
Dear Ms. Hill:
Subject: City of Edmonds Permit # SM -2008-47 — Approved
Laurie Hill for Ava Patterson Trustee - Applicant
Shoreline Substantial Development Permit # - 2008 NW 30046
Purpose: Notification of Receipt of Approved Substantial Development Permit (SDP)
On November 3, 2008, the Department of Ecology received notice that the City of
Edmonds approved your application for an SDP. 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