S-08-19 Complete But Need More Info - 2nd Notice.pdf
July 16, 2008
John and Lois Ryan
P.O. Box 3373
Lynnwood, WA 98046
Subject: EXPIRATION WARNING FOR SHORT PLAT APPLICATION
FILE NO. S-2008-19
Dear Mr. and Mrs. Ryan:
You have submitted an application for a short subdivision for the property at 8022 Cyrus Place (File No.
S-2008-19). On May 2, 2008, I sent a letter to you requesting additional information before staff could
continue reviewing your application. I have not yet received a response. This is a courtesy letter to
remind you to submit the requested items so that we can continue to review your application. Pursuant to
ECDC 20.90.010.D.4, an application that is not acted on by the applicant for six months will expire.
Please submit the specified information by November 2, 2008.
If we do not receive a response from
you prior to this date, your application will be rejected pursuant to ECDC 20.90.010.D.4. The required
information from my May 2, 2008 letter is included below for your convenience:
1.The Engineering Division has requested that the easements for the existing access drive granted
by the adjacent property to the west be shown on the preliminary plans. Note that the portion of
the access drive that encroaches onto the property to the west must be entirely located within an
access easement.
2.The form certifying that the addresses on your adjacent property owners list represent all
addresses within 300 feet of the subject property was notarized, but the signature line for the
applicant or applicant’s representative was left blank. Please submit a signed and notarized
certification for your adjacent property owners list. This certification can be found in the City’s
adjacent property owners list handout.
3.Since the subject site is over one acre in size, it appears to be subject to review by the Department
of Ecology. Please confirm with the Department of Ecology whether or not a Construction
Stormwater General Permit is required for the subject proposal.
4.Pursuant to ECDC 23.90.040.C, a minimum of 30% of native vegetation shall be maintained or
established on subdividable properties within the RS-12 and RS-20 zones. Your submittal
indicates that the existing trees along the eastern property line of proposed Lot 1 are to be
removed; however, your submittal does not indicate how the 30% native vegetation requirements
will be met. Please provide an explanation of how this regulation will be met. Is there existing
native vegetation on the steep slope area? Will all of the existing native vegetation on the steep
slope be retained? Additionally, please provide a vegetation management plan meeting the
requirements of ECDC 23.90.040.C for the vegetation that is to be retained/established within the
Native Growth Protection Area.
5.The subject property contains a slope that is steep enough to be considered a Landslide Hazard
Area. A geotechnical report addressing the subject property and the properties to the west that
was prepared by AMEC Earth & Environmental, Inc., dated May 30, 2001, is located within the
subdivision files for the properties to the west (File Nos. S-2004-122 and S-2004-123). This
report, however, was only reviewed for the subdivisions of the lots to the west of the subject
property. Since the City’s critical areas code was updated in 2005 (after the geotechnical report
on file was written), the proposed subdivision will need to meet the requirements of the current
critical areas code and cannot utilize the critical areas approval from the subdivisions of the lots
to the west of the subject property.
Please review the requirements of ECDC 23.40 and 23.80. Pursuant to ECDC 23.80.070, the
minimum buffer from the top of a steep slope shall be equal to the height of the slope or 50 feet,
whichever is greater. It appears that the height of the slope on the subject property is greater than
50 feet, so the buffer would be the height of the slope. In addition, a 15 foot building setback is
required from all critical area buffers. Your plans, however, indicate a buffer and building
setback of only 10 and 15 feet from the top of the slope. Due to the update to the City’s critical
area code after the 2001 report was prepared, an updated report meeting the requirements of
ECDC 23.40 and 23.80 would need to be prepared by a qualified geotechnical engineer to reduce
the buffer and setback from the steep slope below current code requirements. Therefore, please
either submit a geotechnical report supporting a reduction in the setback and buffer from the top
of the slope and show these reduced distances on your preliminary plans, or update your
preliminary plans to show the minimum buffer (the height of the slope) plus the minimum
required 15 foot critical areas setback required by current code. If you choose not to submit a
geotechnical report at this time, one will be required in the future for any development that is
within the buffer equal to the height of the slope and 15 foot building setback.
Staff will be unable to continue processing your application until responses to the above items are
received. Please submit a response by November 2, 2008 to avoid expiration of your application.
If you have any questions, feel free to contact me at (425) 771-0220, extension 1224.
Sincerely,
Development Services Department - Planning Division
Jen Machuga
Planner
Cc: File No. S-2008-19
Mr. Jeffery Treiber
Lovell-Sauerland & Associates
rd
19400 – 33 Ave. W, Suite 200
Lynnwood, WA 98036