FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
CHARLES PLACE PRELIMINARY PLAT (2002PLT0004)
Findings of Fact
1. The applicant submitted the preliminary plat application on September 30, 2002.
2. The application was deemed complete on October 14, 2002.
3. The subject property is located to the west of 18510 – 18618 64th Avenue W, consisting of
the interior of the block formed by 64th Avenue W, 188th Street SW, 66th Avenue W, and
185th Street SW.
4. The applicant proposes to subdivide 6.23 acres into 20 single-family lots, one of which
will contain the existing residence at 18520 64th Avenue W. The lots will be served by a
combination of a new public cul-de-sac (186th Street SW) and five private roads. Two
wetlands will be preserved and a small private park (3,477 square feet [SF]) will be
5. The preliminary plat utilizes lot size averaging as authorized by Section 21.42.210.E of the
Lynnwood Municipal Code (LMC). All lots meet the 7,560 SF minimum lot area and the
65-foot minimum lot width requirements for lot size averaging. The average lot size is
8,400.5 SF. The net density is approximately 5.0 lots per acre and the gross density is
approximately 3.21 lots per acre.
6. The adopted Comprehensive Plan Future Land Use designation for the plat site and the
surrounding area is SF-1, Low Density Single Family. The desired maximum density for
SF-1 designated areas is 5.0 lots per net acre; the desired minimum density is 4.0 dwelling
units per gross acre. The site and surrounding area are zoned RS-8.
7. Two regulated wetlands have been delineated on the plat site. An 18,450 SF Category IV
wetland is located in the southern portion of the plat site. A 7,196 SF Category III wetland
is located in the north portion of the site. The wetlands are hydrologically isolated from
one another. The two wetlands and surrounding buffers (Tracts 991 and 995) will be
designated Native Growth Protection Areas (NGPA’s). A third wetland is located to the
south along the east margin of the church property adjacent and south of the plat site.
8. About 250 SF of required 25-foot buffer for the Category III wetland will be disturbed by
the cul-de-sac. Over 800 SF of compensatory buffer will be added around the wetland as
mitigation for that impact.
9. The elevation of many of the proposed lots will be below the elevation of 64th Avenue W.
Therefore, it is necessary to route the sewer and stormwater lines for the subdivision south
to existing City utility systems within the 188th Street SW right-of-way. This will be
achieved by extending the lines through a utility easement across an adjacent property to
10. Referrals requesting comments concerning the proposed plat were sent to other city
departments, agencies and jurisdictions. Comments that were received are identified as
Exhibit 1.12 in the Hearing Examiner’s Recommendation.
11. The Environmental Review Committee (ERC) issued a Mitigated Determination of
Nonsignificance (MDNS) on September 2, 2003. The MDNS includes the following
a. Plants (Tree Removal)
1) The applicant shall provide replacement trees at a ratio of one-half (1/2) tree for
each significant tree removed that is not dead, diseased, structurally defective or
suppressed. Based on this replacement ratio and significant trees to be removed as
identified on the Tree Inventory Plan, approximately 240 new replacement trees
will be planted as mitigation. This equates to approximately 12 trees per lot. In
addition, approximately 8 healthy trees within 15 feet of the Category IV wetland
buffer that are proposed to be topped shall not be topped unless determined to be
necessary by a certified arborist. Four healthy trees more than 15 feet from the
wetland may be topped as proposed. However, they shall be considered “removed”
and shall require mitigation. This is due to the likelihood that topping may kill
these trees, or their proximity to possible construction areas may cause them to die.
The final tree removal count will determine the total tree replacement number. The
replacement trees shall be a mixture of evergreen conifers at least 12 feet in height
and deciduous trees with a caliper of at least 2.5 inches at time of planting.
2) Trees that are identified to remain on the site shall be protected during grading and
construction by an approved tree protection fence located at least five feet outside
the drip line and other measures as required by the City. Other protective
measures, as outlined in the arborist reports, shall also be followed.
3) The Community Development and Public Works Departments shall approve the
final removal of all trees (prior to any clearing and grading) on the site and the
placement of replacement trees prior to final plat approval.
b. Water (Water Runoff)
1) In order to mitigate possible adverse impacts to storm water quantity and surface
water quality, storm water facilities and systems for the proposal shall be designed
to meet the 2001 Washington State Department of Ecology Stormwater Manual.
c. Aesthetic (Retaining Structure)
1) In order to mitigate possible adverse aesthetic impacts of proposed retaining walls
over 6 feet in height, a mix of deciduous and evergreen conifer trees shall be
planted to adequately screen the wall. The species of trees shall be appropriate to a
wetland or wetland buffer environment and at least 4 feet high at time of planting.
Location and spacing of these trees shall depend on the species and as approved by
the Public Works and Community Development Departments. These trees may be
counted as mitigation replacement trees if they meet the minimum height and
12. The Community Development staff mailed a public notice of the informal meeting on
September 4, 2003 and published the notice on September 6, 2003.
13. The Hearing Examiner held an informal public meeting on September 24, 2003. The
following people participated in the informal meeting.
a. William Foster (attorney for the applicant)
b. Bill Poster (subdivision planner for the applicant)
c. Bob Parott (civil engineer for the applicant)
d. Anthony J. Bredberg (soil and wetland scientist for the applicant)
e. Kevin Garrett (Planning Manager, Lynnwood Community Development Department)
f. Darryl Eastin (Senior Planner, Lynnwood Community Development Department)
g. Arnold Kay (Development Services Supervisor, Lynnwood Public Works Department)
h. Patrick Dillon
i. Lon Lefever
j. Gayle Lefever
k. Marti Bruno
l. Molly Brenner
m. Loraine Wong
n. Pat Carlson
o. Diane Follett
p. Annette Duckering
14. On September 26, 2003, the Hearing Examiner issued a report recommending that the City
Council approve the proposed preliminary subdivision subject to the following conditions,
if it receives additional evidence supporting a conclusion of compliance with the traffic
level of service (LOS) standards for 64th Avenue W, and it denies the associated SEPA
a. Exhibit 2 shall be the approved preliminary plat. Minor revisions are allowed pursuant
to LMC 19.25.005(B).
b. The proposal shall comply with all conditions of the Mitigated Determination of
Nonsignificance (MDNS) issued for this proposal on September 2, 2003 (Exhibit 1.11
c. The plattor shall meet all conditions and improvements identified in the referral
process (Exhibit 1.12 for identification) prior to final plat submittal.
d. Prior to recording of the final plat the plattor shall post with the City of Lynnwood a
bond or other such method of financial security in a form approved by the City
Attorney, to secure the successful establishment of all newly required planted trees.
The plattor shall not be required to replant trees which die or suffer severe degradation
as a result of acts of vandalism or other action of unrelated third parties acting beyond
the developer’s control. All successors in interest to any lot in the subdivision shall be
considered as acting within the plattor’s control for purposes of this requirement. Such
financial security shall be effective for a three (3) year period from the date of City
approval of the planting of the replacement trees. The bond shall be in the amount of
125 percent of labor and materials for the required replacement trees.
15. The Community Development Department mailed a public notice of the public hearing
with the City Council on the application on October 17, 2003 and published a notice of the
public hearing on October 18, 2003.
16. The Public Works Department contracted with Traffic Counts Consultants to conduct a
traffic count on 64th Ave W from Monday, October 27, 2003 through Sunday,
November 2, 2003 to determine if traffic on the street (including additional traffic
generated by the proposal) would be in compliance with the adopted Level of Service
(LOS) standard. The adopted standard for 64th Ave W is LOS “E” (LOS “A” is the best).
The traffic count indicated that 64th Ave W is operating at LOS “A” and that the proposed
plat will not degrade the LOS for 64th Ave W.
17. On November 10, 2003, the City of Lynnwood City Council held an open record public
hearing on the preliminary plat application.
18. The following persons testified at the public hearing:
a. James Cutts (Director, Lynnwood Community Development Department)
b. Greg Rubstello (Lynnwood City Attorney)
c. Darryl Eastin (Senior Planner, Lynnwood Community Development Department)
d. William Franz (Development Services Manager, Lynnwood Public Works Department)
e. Heidi Tate (wildlife biologist, Jones & Stokes - on call environmental consultant for the
f. Patrick Crosby (applicant, Tri-Star Homes, Inc.)
g. William Foster (attorney for the applicant)
h. Bill Porter (subdivision planner for the applicant)
i. Anthony J. Bredberg (soil and wetland scientist for the applicant)
j. James DeShazo (fish and wildlife biologist for the applicant)
k. Robert Williams (certified arborist for the applicant)
l. Patrick Dillon (appellant, Old Mill Action Committee)
m. Lon Lefever
n. Betty Dost
o. Ron Griffith
p. Arnie Knutsen
q. Gary Graber
19. LMC Chapter 19.20 and Chapter 58.17 of the Revised Code of Washington (RCW) state
the decision criteria for a preliminary plat. The applicant bears the burden of proving that
the proposed preliminary plat meets these criteria.
20. LMC Section 19.20.035 contains the following factors for consideration in the preliminary
a. The preliminary plat shall conform to and it shall be the applicant's burden to
demonstrate conformance to the following factors as they now exist or as they may be
1) The goals, policies and objectives of the Lynnwood Comprehensive Plan;
2) The Lynnwood Comprehensive Parks and Recreation Plan;
3) The Lynnwood Zoning Code;
4) The standards of this Ordinance and Chapter 58.17 RCW;
5) The Lynnwood Comprehensive Street and Arterial Plan;
6) The Environmentally Sensitive Areas map and the City's Environmental Policies;
7) The Lynnwood Water System Comprehensive Plan;
8) The Lynnwood Comprehensive Trunk Storm Drainage Plan, and Chapter 13.40
LMC Drainage Plans;
9) The compatibility of the plat to the existing neighborhoods;
10) Other plans and programs as the City of Lynnwood may adopt.
b. A proposed subdivision and dedication shall not be approved unless the City Council
makes written findings that:
1) Appropriate provisions are made for, but not limited to:
a. the public health, safety, and general welfare;
b. open spaces, drainage ways, streets, roads, alleys, other public ways and transit
c. potable water supplies, and sanitary wastes;
d. parks and recreation, playgrounds, schools and school grounds;
e. all other relevant facts, including sidewalks and other planning features that
assure safe walking conditions.
2) The public use and interest will be served by the platting of such subdivision and
3) The proposed subdivision and dedication is in conformity with the Lynnwood
Zoning Code and land use controls.
21. The Revised Code of Washington (RCW) 58.17.110 states, in part, that the City shall not
approve a subdivision unless it makes written findings that the subdivision would provide
appropriate provisions to the public health, safety, and general welfare and whether the
public interest will be served by the subdivision and dedication.
22. The Council has carefully considered the staff reports, the documents submitted into the
record, and the testimony and comments of those testifying.
23. The site is zoned RS 8 requiring a minimum average lot size of 8,400 square feet and a
minimum lot width of 70 feet.
24. The subject property is not a site designated for public park or recreation use on the City of
Lynnwood Park and Recreation Plan.
25. RCW Chapter 58.17 is the Subdivision Map Act for the State of Washington, which the
City of Lynnwood Subdivision Ordinance implements. The plat makes appropriate and
adequate provision for factors set forth in RCW 58.17.110 for the following reasons:
a. Public Health, Safety and Welfare: The proposed plat meets all the minimum
requirements of the City of Lynnwood codes, which are the official City standards
regarding public health, safety and welfare. This plat has been reviewed and
recommended for approval by the City’s Fire Marshall with respect to public safety.
The Public Works Department has reviewed and recommended approval with respect
to public safety and welfare. Their analysis is reasonable and adopted.
b. Open spaces, drainage ways, streets, roads, alleys, and other public ways and transit
stops: The City currently has no requirements for open space or park mitigation. The
plat proposes a storm drainage collection, detention and water quality treatment system
in conformance with City standards. The plat incorporates local access streets which
meet the standards in the City code. The plat will implement drainage and utility
easements to cover the utility systems that will be designed as part of the construction
plat and final plat process. Staff’s findings are reasonable and accepted.
c. Potable water supplies and sanitary wastes: Preliminary utility plans indicate that
public water and the sewer system for the plat will be provided by the City of
Lynnwood. Water is available in 64th Ave W. Sanitary sewer is provided in 188th St
SW. This provides suitable and adequate provision for these utilities.
d. Parks and recreation, playgrounds, schools and school grounds: There are no City
Parks with recreational facilities within the vicinity (600 feet) of the subject property.
No park or school impact fees are required by the City of Lynnwood.
e. Sidewalks and safe walking conditions: The plat proposes sidewalks along the
proposed public cul-de-sac.
f. Serving the public use and interest: The City has designated the property for single
family use on the Future Land Use Plan of the Comprehensive Plan and zoned the site
RS-8, indicating that there is a public need, and that it serves the public use and
interest, to develop the subject property as a single family detached subdivision in
conformance with those land use and zoning standards. The standards of the City’s
Subdivision Ordinance are further City standards that determine the public use and
interest in the City. The proposed plat conforms to all these standards.
g. Subdivision and dedication in conformity with the Lynnwood Zoning Code and land
use controls: This criterion is met for the reasons set forth above.
26. On November 24, 2003, the City Council voted 5 to 2 to approve the proposed preliminary
Conclusions of Law
1. The applicant has shown that the proposed preliminary plat meets the decision criteria in
LMC Chapter 19.20 and conforms to the provisions of the Lynnwood Subdivision Code
and other applicable City codes and regulations as follows:
2. The plat as proposed conforms with the general purpose, objectives, and policies of the
Comprehensive Plan and with the applicable regulations of the zoning code and other land
use controls. Therefore the application conforms with the criteria of LMC 19.20.035(A).
The plat conforms to the Lynnwood Zoning Code.
3. The plat conforms to the Lynnwood Park and Recreation Plan.
4. The revised plat conforms to the provisions of Chapter 58.17 RCW and LMC
5. Adequate provisions have been made for the public health, safety, and welfare as the plat
conforms to all applicable provisions of the Lynnwood Zoning Code and Subdivision
1. The City Council of the City of Lynnwood hereby adopts the above Findings of Fact and
Conclusions of Law and approves the proposed preliminary plat of Charles Place, subject
to the conditions shown in Attachment A of these Findings and Conclusions.
1. Exhibit 2 of the Hearing Examiner recommendation shall be the approved preliminary plat.
Minor revisions are allowed pursuant to LMC 19.25.005(B).
2. The proposal shall comply with all conditions of the Mitigated Determination of
Nonsignificance (MDNS) issued for this proposal on September 2, 2003. (Exhibit 1.11 for
3. The plattor shall meet all conditions and improvements identified in the referral process
(Exhibit 1.12 for identification) prior to final plat submittal.
4. Prior to recording of the final plat the plattor shall post with the City of Lynnwood a bond
or other such method of financial security in a form approved by the City Attorney, to
secure the successful establishment of all newly required planted trees. The plattor shall
not be required to replant trees which die or suffer severe degradation as a result of acts of
vandalism or other action of unrelated third parties acting beyond the developer’s control.
All successors in interest to any lot in the subdivision shall be considered as acting within
the plattor’s control for purposes of this requirement. Such financial security shall be
effective for a three (3) year period from the date of City approval of the planting of the
replacement trees. The bond shall be in the amount of 125 percent of labor and materials
for the required replacement trees.