Ex 5 - Wall materials.pdfThese documents are related to the Woodway Athletic Complex. The school district and city of Edmonds
have tried to rush this project through without any neighborhood impact study and have completely
disregarded the rules and regulations required bySEPAaswell asthe Edmonds Community
Development Code. You will find the SEPAcheck list was rubber stamped bythe lead agency without
questioning any of the preposterous findings that were declared. Included are reports from
Transportation Engineering NW, acoustical consulting firm The Greenbusch Group INC., the Audubon
Society and the city of Edmonds. This project will have a deleterious impact on this neighborhood that
cannot bemitigated.
The following are some of the examples of the false responses on the SEPA report.
0 Animals section 5
|tiswell known inthe neighborhood and Mr. Harding was notified inthe Letter ofincomplete
Application and SER4comments dated December 15 th3014that the perimeter forested buffer areas on
the school grounds are identified as a Fish and Wildlife Habitat Conservation Area. By definition this is
an area with which endangered, threated and sensitive species have a primary association. The forested
buffer is full of wildlife. These grass fields are used by students and neighborhood residents to study and
enjoy the many threatened species that live in the conservation area. These birds feed in the grass fields
for worms, insects and mice. There is a bald eagle that routinely captures prey in these grass soccer
fields. Response on SEPA 5(a): list any birds or other animals which have been observed on or near the
site urare known tobeonornear the site. Nnanswer given. Left blank.
Response on SEPA 5(c): Is site part of a migration route? NO. It actually is part of a migration route but
they decided aNOresponse made iteasier for them. Response on5EPA 5(b):list any threatened and
endangered species known tobeonornear the site. Answer given: None known orobserved. They
know this is a Wildlife Conservation Area! It would be impossible to have these responses unless you are
intentionally giving false answers or just being extremely negligent. Report from the Audubon Society
included.
It is stated that the noise would be consistent with existing levels. It is mentioned noise will actually
decrease because there will not be a lawn mower. Common sense will tell you it is not possible to go
from two fields used by neighborhood residents to four fields with the stated purpose of creating a
regional sports complex that attracts teams and tournaments from all over the northwest. As well as
lighting that will increase play from daylight hours until 10:15pm. Noise impact was not seriously
considered. Report from acoustical consulting firm The GrmpnbuochGroup included.
0 Transportation section 14
They decided they didn't need to doatraffic study even though they were doubling the amount of fields
and describing this project as a regional sports complex and destination for large regional tournaments.
|twasn't until Tuesday March 17matthe community meeting atEdmonds Heights thattheynea|ioedthe
school has almost 50 drama productions a year. The school district representatives were informed that
the parking lot iscompletely full atthese times, with cars often double parked. The next day the district
said maybe they could ask the parks department not to schedule games at these times. This is why you
doatraffic study. You don't dnthe project firmtvvithoutarevievvandthengobackmndseehovvtn
mitigate the problems you have created. A public records request also shows the city was aware of the
severe traffic problems surrounding the school during summers inour neighborhood. The adjacent swim
club brings hundreds of cars into our streets on warm days. The cars block sidewalks and driveways and
also park inthe Edmonds Heights K-12padkinRktbeoauseoursurnoundingntreeisarea|readvfuUvvkh
traffic and illegal parking. With my public records request \ received a statement from City mfEdmonds
Capital Projects Manager and pictures which are included with this report. You would have to of
knowing omitted these facts because they were well known and readily available at the neighborhood
and city administrative level. The city would not allow a private company or citizen to attempt to bring a
complex with almost as many athletic fields as Marymoor Park into a residential neighborhood and have
the builder unilaterally decide they dnnot need atraffic impact study. Also included isareport from
Transportation Engineering NW.
0 WAC 197-11-340 Determination of nonsignificance (DNS).
(3)(a) The lead agency shall withdraw a DNS if: There is significant new information indicating, or on,
aproposals probable significant adverse environmental impacts; orthe DNS was procured bv
misrepresentation or lack of material discloser; if such DNS resulted from the actions of an
applicant, any subsequent environmental checklist on the proposal shall be prepared directly by the
lead agency orits consultant atthe expense mfthe applicant.
0 Non SEPA Related
Deed toproperty does not allow the Edmonds School District touse the property for non -school
purposes. When | was considering buying ahome inthe neighborhood in20U6/didatk|echecknnthe
surrounding open spaces to make sure nothing like this could happen. The subject property was
purchased from the Department of Natural Resources in 1966 with the condition it must only be used
for school purposes. The school district cannot legitimately claim this is school purpose. In their plan
statement they admit they are being built for adult soccer leagues and private select sports
organizations. On page 11 of the Planning Division Report and Recommendation to the Hearing
Examiner section Ditis acknowledged that these fields are for non -school activities. These youth sports
clubs are businesses that charge over $25Odollars amonth per child. The coaches are paid close to
$2000 dollars a month per team they coach. The neighbors and students that currently use the fields will
be replaced by these businesses. This is a violation of the deed restrictions. Deed is included.
w
Failure ofArchitectural Design8oard
ECDC 16.80.030 ..."each public use will undergo extensive review by the ADB in light of its
relationship toits surrounding neighborx".Why have this code ifitiyjust verbiage with noactual
meaning. By their own code the EDB are obligated to do an "extensive" review to help mitigate
irreparable and deleterious impacts on neighborhoods. The ADB did not enforce the same
standards or expectations they would have for any other private citizen or company.
This project isonly about money, ithas nothing todnwith kids orthe community. The school district
and city are trying tVpartner with private business tnmake money. The people who endorse this
project don't live in the neighborhood and usually are generating an income through these sports clubs.
They send out emails to the parents saying support this because there is a field shortage. There is not a
field shortage. They chose not to play on grass fields because they are running businesses. To be able to
charge a large amount of money and market your product, they want professional level facilities to
justify the cost and to expand. My children played select soccer for a year. I thought it was ridiculous
that 11year olds are traveling tnSpokane and Vancouver for league games. So|made achoice. | put my
children in the SNOKING recreation league. We practiced and played league games on the grass fields
that are always vacant near us. In fact our home field was the subject property. Old Edmonds
Noproblems. Noinjuries nrtwistedanNasinover5yemoonp|ayinXandcoachingonthesefie|dy.VVe
had a great time. We are able to use the grass fields because we are not trying to make a living from
these leagues. Grass works!
Murk Wall
10B3ONottingham Rd
Edmonds WA 98020
Emai|:contactvvaU@yahoozonn
T TE V,4 W
Transportation h9ineering NorthWest
MEMORANDUM
�iffliEWAINEM mo
M03000093150724"M
FROM: Michael J. Read, PE, Principal
TENW
SUBJECT: Former Woodway High School Play Field Improvements
Preliminary Review of SEPA Traffic Analysis
This memorandum outlines a preliminary review of traffic analysis contained within public record
for the proposed Former Woodway High School Play Field Improvements project in Edmonds,
WA. This review included in the original and revised SEPA checklist prepared by the
applicant, the City of Edmonds staff report to the Hearing Examiner, and other supporting
application materials prepared for the Conditional Use Permit required by the City for the
project.
Recent traffic impact studies conducted by TENW for new development within the City of
Edmonds have all been required for land use actions generating fewer trips than the proposed
development as well as payment of impact fees to mitigate their fair share contribution toward
capacity improvements to serve new development. Under Edmonds Municipal Code 18.82,
the proposed Former Woodway High School Play Field Improvements are considered an
expansion/change of use, and therefore, require an evaluation of cumulative traffic impacts of
the project (i.e., all three development phases. This type of project action would trigger a full
traffic impact analysis under the City's minimum Threshold Requirements as outlined in E82 -
broffic Impod Analy,51,5 Worksheelof 25 p.m. peak hour vehicle trips (see Attachment A�. As
such, an evaluation of traffic impacts is required under SEPA but would also be subject to the
payment of traffic impact fees to mitigate system -wide impacts.
Both national and local trip generation studies of similar multipurpose fields experience heavy
demand throughout a majority of the year, especially when combined with field lighting to
provide late afternoon/early evening tournaments, games, and practice events on sports fields.
Average peak trip generation levels during the pm peak hour of adjacent street traffic using
locally observed rates (within the Seattle -Metro area) are 35 trips per fields, Would equate to
140 p.m. peak hour vehicle trips for this 4 -field project. As these events would occur outside of
normal school hours and begin after school, these events during a typical weekday or weekend
tournament events would constitute a change in use even from historical high school uses which
would have been limited to only a few special event days rather than purpose built to serve the
I Source: Wellington Hills County Park Fina/ Traffic ImpactAnalysis, January 2013, Gibson Traffic Consultants.
hansporlairon Plannin() I Dosign I kaffic, Irapad & Oper(flions
PO Box 65254, Seattle, WA 98155 1 Office (206) 361-7333
Former Woodway High School Play Field Improvements
Preliminary Review of SEPA Traffic Analysis
larger Edmonds and south Snohomish community. Over the course of an entire day, peak daily
trips averaged roughly 71 trips per field, amounting to an additional 285 daily trips.
Under the City's current impact fee rates in ECDC 18.82.120, equating this trip generation
rate to a cost per trip of approximately $ _1,196, an impact fee of $167,440 would be
required by the applicant. In addition, any direct traffic/parking impacts identified in a SEPA-
required traffic impact analysis would also be the responsibility of the applicant. This could
include, but not be limited to, sight access improvements (sight distance, turn lanes, etcJ,
mitigation to address traffic operational impacts that do not meet City of Edmonds adopted
level of service standards of LOS D or better. Given that the signalized intersection of Edmonds
Way and 100th Avenue W immediately north of the site would likely provide a majority of
traffic access to/from the site and that this is currently one of the most congested intersections in
the City, evaluation of traffic operational impacts and vehicle queuing (most importantly
westbound left turns) should be an important criterion in the SEPA review,
Another important consideration given this site remains an active school use, with consistent
daytime and evening events that normally occur throughout the course of the school year (plays,
open house events, concerts, etcJ, is demand for on-site parking. As peak demand for parking
of sports fields averages roughly 60 vehicles per field for games/tournaments and up to 90
vehicles per field for regional or qualifying tournaments, parking demand to support up to four
fields would range between 240 and 360 stalls should be evaluated under a cumulative basis
by time of day to schedule and identify peak demands for the campus as a whole to ensure
adequate on-site parking is provided. These peak parking demand forecast ranges by
themselves (if regional tournaments are held at the site), would exceed existing on-site parking
supply of 307 stalls, and result in the potential to generate off-site parking demands/local
neighborhood street impacts, compounding existing on -street parking deficiencies documented
as existing conditions within the site vicinityl.
Given observed existing conditions of other vicinity land uses (namely the Klayhaya Swim and
Tennis Clubj, on -street parking demand, adverse congestion, and potential traffic/pedestrian
safety issues are existing deficient conditions along 238th Street SW and other local arterials
where shoulder area exists that allows unrestricted on -street parking. Anecdotally, these parking
demands occur within the project site parking lot as well as those normally occurring as part of
regular school programs which include the Alternative K-12 programs for Edmonds and
surrounding districts as well as the Scriber Lake High School on this campus.
As none of these traffic volume thresholds (trip generation levels) are documented in the SEPA
determination nor were even disclosed as part of the application, the evaluating traffic and
parking impacts of existing facilities as a result of the proposed action has not been provided,
nor any consideration given to transportation mitigation to address potential impacts, the SEPA
determination for the proposed project appears unable meet local or State requirements for
environmental review of transportation elements under SEPA.
I Source: Ryan Hauge, PE, City of Edmonds Capital Projects Manager, March 2015.
JDTENW page 2 March 26, 2015
ATTACI-IMENT A
T TENW
C'ity of" Edmonds
Traffic Impact: Analysis Worksheet
I?C, I ScP
Name of Proposed Project:
Owner/Applicant
Name
Street/Mailing Address
Applicant Contact Person:
10
Street/Mailing Address
City State Zip City
Telephone: Telephone:
Traffic Engineer who prepared the Traffic Impact Analysis (if applicable):
State Zip
Project Traffic Levels Sections to Complete
1. Less than 25 peak -hour trips generated I and 7 only (Worksheet/Checklist)
11. More than 25 peak -hour trips generated All sections
1. PROJECT DESCRIPTION
a. Location - Street address:
Attach a vicinity neap and site plan.)
b. Specify existing land use:
c. Specify proposed type and size of development:
(# of residential units and/or square footage of building)
Revised on 6124110 E82 - Traffic Impact Analysis Worksheet Page I of 5
d. Date construction will begin and be completed:
e. Define proposed access locations:
f. Define proposed sight distance at site egress locations:
2. TRIP GENERATION
Source shall be the Eighth Edition of the Institute of Transportation Engineers (ITE) Trip Generation
manual. For independent fee calculations, the current edition of the ITE manual may be used.
ADT= Average Daily Traffic
PM Peak -hour trips (AM, noon or school peak may also apply as directed by the City Engineer)
a. Existing Site Trip Generation Table:
PM Peak -Hour Trips
Land Use Daily (ADT) IN OUT
b. Proposed Project Trip Generation Table:
PM Peak -Hour Trips
Land Use Daily (ADT) IN OUT
c. Net New Project Trip Generation Table:
PM Peak -Hour Trips
Land Use Daily (ADT) IN OUT
d. State assumptions and methodology for internal, link -diverted or passby trips:
Revised on 6124110 E82 - Traffic Impact Analysis Worksheet Page 2 of 5
Prepare and attach a graphic showing project trip distribution percentages and assignments. For
developments that generate over 75 peak -hour trips, the City Engineer reserves the right to require
trip distribution to be determined through use of the City traffic model.'
4. SITE ACCESS ROADWAY/DRIVEWAYS AND SAFETY
a. Have sight distance requirements at egress location been met per AASHTO requirements?
b. Intersection Level of Service (LOS) Analysis:
Intersections to be evaluated shall be determined by the City of Edmonds Traffic Engineer
Existing Conditions
LOS
Delays
Year of Opening
LOS
Delays
FiveYears
Land Five Years Beyond Change of
Use
e
OS
I
Delays
Delays
c. Describe channelization warrants:
(Attach striping plan.)
d. Vehicle Storage/Queuing Analysis (calculate 50% and 95 % queuing lengths):
e. If appropriate, state traffic control warrants (e.g. stop sign warrants, signal warrants):
f. Summarize local accident history2 (only required for access to principal and minor arterials):
' Available upon request at City of Edmonds Development Services Department
2 Available upon request at City of Edmonds Police Department
Revised on 6124110 E82 - Traffic Impact Analysis Worksheet Page 3 of 5
5. TRAFFIC VOLUMES
Provide the following and other planned development traffic within the city.'
a. Describe existing ADT and peak -hour counts (less than two years old), including turning
movements, on street adjacent to and directly impacted by the project.
b. Describe the estimated ADT and peak -hour counts, including turning movements, the year the
project is fully open (with and without project traffic).
c. Describe the estimated ADT and peak -hour counts, including turning movements, five years
after the project has been fully open (with and without project traffic).
d. State annual background traffic growth factor and source:
6. LEVEL OF SERVICE (LOS) ANALYSIS
Summarize Level of Service Analysis below and attach supporting LOS analysis documentation.
Provide the following documentation for each arterial street or arterial intersection impacted by
ten or more peak -hour trips. Other City -planned developmentsi must also be factored into the
LOS calculations.
Existing Conditions
Year of Opening
Five Years Beyond Change of
Land Use
Los I I LOS
Existing I I Delays
With Project I I Without Project
With Project I I Without Project
b. Note any assumptions/variations to standard analysis default values and justifications:
' A list of planned developments are available at the City upon request for public records
Revised on 6124110 E82 - Traffic Impact Analysis Worksheel Page 4 of 5
7. MITIGATION RECOMMENDATIONS
State recommended measures and fees required to mitigate project specific traffic impacts. Traffic
impact fee shall be calculated from the Edmonds Road Impact Fee Rate Study Table 4 (attached)
and as identified in ECDC 18.82.120, except as otherwise provided for independent fee calculations
in ECDC 18.82.130.
CHANGE IN USE
Fee for prior use shall be based on fee established at the time the prior use was permitted. If the
previous use was permitted prior to the adoption of Ordinance 3516 (effective date: 09/12/04),
the 2004 ECDC 18.82.120 impact fee shall be used.
Units in
ITE Land Use Category Per Unit square feet,
Fee Rate # of dwelling,
yfp, etc.
New Use $ X
Prior Use 1 1$ 1 X I I =
New Use Fee: $ 1 - Prior Use Fee: $ = E=
0 NEW DEVELOPMENT
Units in
ITE Land Use Category Per Unit square feet,
Fee Rate # of dwelling,
etc.
New Use $ X
MITIGATION FEE RECOMMENDATION: $
INDEPENDENT FEE CALCULATION: $200.00 (+ consultant fee) $
TOTAL TRAFFIC IMPACT FEE $ —J
City of Edmonds, Engineering Division Approval Date
' No impact fees will be due, nor will a credit be given, for an impact fee calculation resulting in a net negative.
Revised on 0124110 E82 - Trac Impact Analysis Worksheet Page 5 of 5
tY
C'I
:;Et -
QUIT CLAIM DEED
The Washington State Legislature, atfacted Chapter 200, Laws of 1971,
First Extraordinary Session, as approved by the Governor on May 21, 1971, authorizing
the Departt-,ont of Natural Resources to sell the hereinafter described lands to 4` t1
N
EDMONDS SCHOOL DISTRICT NO� 15
for school purposes.
If SUCIO land has not. been used for school sites for a period of seven years,
the title to such land shall revert to the original trust for which it was held,.
\101.4, T'EREYORE, the Grantor, State of Washington, for and in consideration of
3 - 0 .21) conveys and quit claims to EDNOIPSCL12OL
DISTRICT NO. 15 Grantee, for school purposes, the following
described real estate situated in Snohomish County to
SO\"is:; of Section 36, Township 27 North, Range 3 East, W.M.,
exceptin, therefrom that portion of the South 15 feet of said 804 SW!4
lying 1.,at',,een the '.,lest and East lines of the Easterly 30 feet of Lot 9,
Flat of Fir Meadows No. 5 as recorded in Volume 17, Page 48 of Plats,
records of Suotiomish County, produced Northerly.
Subject to an casement for a pipeline. heretofore granted to
St-andard Oil Cozipany on,.Nfarch 2, 1954 under Application No. 22762.
Su'i,ject to an eflsement for county road heretofore granted Snohomish
County on December 27, 1905 under Application No. 306 and subsequently
aT:+and,ad by Coo4-Tmissioner's, Order, dated March 9, 1970.
Suloject to an easement for private access granted June 12, 1,973,
under Application No.
Grantor hereby expressly saves, excepts, and reserves out of the grant
hereby male, unto itself, its successors, and assigns forever, all. oils, gasses,,'
coal, ores, i,,iiricrals and fossils of every narae, kind or description, and which
tvly ';-.1 U or 1j9pa Iftnoir, iqk)w do`swrlhd' or i'nq P11,13 Itherod" And Ufa Pight
'q ff'p# wo; 14 Ij s tj it W�fx ; f -'W4 ) Oft. a 4 in Ifit, iiakil t"qd to o tl.'q 3 Awd
it also hereby expressly saves and reserves out of the grant hereby made, unto
itself, its successors and assigns forever, the right to enter by itself, its
agents, attorneys and servants, the subsurface of any part or parts thereof, at
any and all times, for the purpos-, of opening; developing and working mines
thereon, and taking out and removin,,, therefrom all such oils, gases, coal, ores,
minerals and
NO SALES TAX
0S
REMPRED
5,;-J
FLB2,151974
that in the exercise of such mineral rights by #� its lesseeav
assigns. Agents or successors in interest the surface of the soil and all surface
uses shall not be disturbed or damaged whether or not directly and approximately
shown to result from surface and or under -surface operations so long as such land
is used for public school purposes.
This dead is executed and delivered pursuant to the authority aforementioned®
at the request of the Board of Natural Resources.
WITNESS the seal of the State of Washington this day
19
G V 0 2 N R
0 IV H
Attest 5ecrekary
-o'f —State
Approved as to form.,
t —C
Assistant Attorney General
State Record of Deeds, Volume
_ii 'page 321
App, N14,
bp
Deed No. 24943
db
W
� �J
r
t �x
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
DIRT L. COLE, Commissioner of Public Lands
Application No. 51463 Laase) No. 1 4
THIS LEASE, Made and entered into this 1st day of July, 1965, by y�
and between the STATE OF WASHINGTON, acting by and through the Department of
Natural Resources, hereinafter called the State, and EDMONDS SCHOOL. DISTRICT
. 15 of Edmonds, Washington, hereinafter called the Lessee,
WITNESSETH: �d
1. DestripUS n. The State, for and in consideration of the rentals
hereinafter provided and the covenants and agreements hereinafter contained,
hereby deml.ses, lets and leases unto the Lessee the following described School
Lands situated in Snohomish County, Washington, to wit:
'SEk *o Section 36, Township 27 North, Range 3 East, W.M.,
containing 40 acres, more or less, according to the government
survey thereof.
Subject to easement for right of way for pipeline heretofore
granted under` Application No. 22762.
Subject, however, to any rights and valid claims pending or
previously conveyed by the State of Washington in any of the
"ova described lands.
. Pur ose. The promises are to be used exclusively for school site
and educational purposes. The premises shall not be used for any other
purpose without the written consent of the State.
3. ens h of Terex. The term of this lease shall begin on the 1st day
of July, 1965, and shall and on the 30th day of June, 1995•
4. ft1tiLl. The Lessee agrees to pay to the State at the offices of
the Department of Natural Resources in the Public Lands -Social Security Building,
P. 0. Roxr 1613, Olympia, Washington, rental for tha premises -as follows:
(a) A yearly rental'of $1,600.00 payable in advance on or before
the first day of July of each and every year of the lease period.
(b) Rentals shall be subject to review and adjustment on
July i, 1970, July 1, 1975, and July 1, 1900.
(c) Leasee shall pay in advance for any trees or reproduction
removed or destroyed. Such value shalt be established on the basis of
the State's appraisal using standard methods of timber appraisal.
r 5. era ions on Pr Isas.
(a) Lessee may construct Woodway Senior High School on the
promises. This permission becomes effective with th"a signature of the
NO SALES TN%
REQUIRED
JAK 12 1966
N"Wh (Wall low
Q
Commissioner of Public Lands on the lease.
(b) It is expressly understood that any construction, Improve.-
mentas opgyration, repair, etc., made or performed under this- lease shall be
at the sole cost and expense of -the Lessee. The Lessee shall furnish all
utilities and shall obtain all federal, state and local permits and licenses
necessary to perform the terms, conditions, and covenants of this lease.
(c) The Lessee shall -not use, remove or destroy any trees or
valuable material from the premises wltlmut express authority from the State.
6. utiumen
(a) The Losses shall pay all assessments that may lawfully be
charged to a leasehold cin State lands under Chapter 79.44 RCVS, whether or not
such assessments have been levied against the leasehold by the assessing agency.
(b) The Lessee shall pay all assessments that may lawfully be
charged to a leasehold on State lands under any other statute, whether or not.
such assessments have been levied against the leasehold by the assessing agency.
7. jgjEgXemants,, The State may, but Is not obligated to, make any
Improvement or repair of any kind on or to the premises. All improvements to the
condition -of the land Itself In the general classification of, and Including,
but not limited to, water development, landscaping, tree planting, grading,
land levering, grass seeding, fencing and road or sidewalks shall be the property
of- the State and the Lessee shall have no Interest In or arising out of such -
i.
Improvements. Ali other Improvements (as defined In RCVS 79.01.036) made upon
the promises shall become the property of the Stata upon the happening of one or
more of the following events:
(a) This lease Is terminated by reason of the default of the
Lessee;
W improvements are made upon the promises without prior
written Order of the State authorizing the improvements and fixing the maximum
Improvement value; or
(a) improvements are made upon the premises with the prior written
Cq
V-4 Order of the State authorizing the Improvement and fixing the maximum improvement
value (hereinafter designated authorized Improvements), but said authorized
Improvements rewain upon the promises more than sixty days after the expiration
or surrender of this lease; plIvIded, however, that for a period of three years
App. No. 51463
from the date of sold expiration or surrender said authorized improvements shall
be hold subject to purchase by any subsequent purchaser or Lessee of the land
at their value as determined ire accordance with RCW 79.01.036 (which value
shall in no event emceed the maximum Improvement value fixed by the Order
permitting the improvements) and said purchase price shall be paid to Lessee;
grgyj_414 f r her. however, that authorized imparovements capable of removal
without Injury or damage Ito the premises may be removed by the Lessee at any
time within sixty days after expiration or surrender~ of this lease.
. Lsasa.Recorded. Lessee shall record this lease with the County
Auditor of Sno ish County within 30 days after lease is executed.
9. Condi to of Pr P as and Liabiitt The premises have been
inspected by the Lasses and are accepted in their present condition. Lessee
agrees to defend and hold the State harmless from any -and all claims suffered or
alleged w be suffered on the promises or arising out of operations on the
premises. Closure of all or of a portion of the area near or surrounding the
promises for any reason beyond the control of the State or closure by the State
or other agency of the State of Washington because of fire hazard shall not be
a basis of claim against the State.
10. A91gir . The Lessee will at all times keep existing and future
Improvemants made to or placed upon the premises in as good repair as they now
are or may hereafter be put toe except for reasonable wear and tear and damage
by fire or ather unavoidable casualty. All repairs shall be at the Lessee's
sole cost and expense.
11. A
(a) State shall have access to the promises at all reasonable
times for the purpose of securing compliance with the covenants and agreements
of this lease.
(b) The State reserves the right of granting rights of way
c across the leased promises, providing that such right of way or usage thereof
does not unreasonably Interfere with Lessee's usage of the premises. if real
and certain damages ar.e.sustained as a result of this reservation® just and
reasonable charges may be requested by the Lessee. In the event that the
parties cannot agree upon the damage incurred the State's decision shall be final.
App. no. 51463
®rI
12. n 1 en o as if the Lessee becomes insolvent or bank-
rupt or If a receiver Is appointed, the State may cancel this lease at the
state's option.
13o A"jqOMen and le tin No assignment or subletting of this
lease Shall be valid without the prIort written consent of the State.
14. _QjnjL Except where the prior written consent of the State has
first been had, neither the Lessee nor anyone claiming by, through, or under the
Lessee shall have any right to file or place any lion of any kind or character
whatsoever upon the promises, or upon any of the improvements now or hereafter
made on or to the promises, and notice Is hereby given that no contractor,
subcontractor, or anyone also that may furnish any material, service, or labor
for any buildings or Improvements, alterations, repairs , or parts thereof at
any time,.shall be or become entitled to any lion thereon whatsoever. For the
further Security L of-7the.-State, the Lessee agrees to give actual notice of this*
provision In advance to all contractors, subcontractors, or other persons, firms,
or corporations that may furnish any such material, service or labor.
15. 1m of ha ®nce Noewaivor of Ri his. With respect to the
payment of.rent, and to each of Lessee's convenants, and to each condition which
when fulfilled, gives rise to an obligation of the State, It is hereby agreed
that time -Is of the essence; however, the failure of the State to insist upon
strict performance of any of the covenants, agreements, and conditions of this
lease or to exerdise any option conferred shall not be construed as a waiver or
relinquishment of any such covenant, agreement, condition, or option, but the
same shall remain In full force and affect.
16.g9yAnqnt.L14ALqgSuccessor . The covenants, conditions, and terms
of this lease shall be binding upon the respective parties and their heirs,
successors, and assigns.
17. Nefau}t andNeffi try. Of any rents reserved, or any part thereof,
CM shall be and remain unpaid when the some shall become due, or if the Lessee
' 09 shall violate or default in any of the covenants and agreements herein contained,
then the State may cancel this lease upon giving the notice required by law,
and re-enter sold premises, but notwithstanding such re-entry by the State the
liability of the Loose* for the rent provided for heroin shall not be extinquished
for the balance of the to of this lease, and the Lessee covenants and agrees
71711711 �,M
to make good to the State any deficiency arising from the re-entry and
re-latting of the promises at a lesser rental than heroin agreed to. The
Losses shall pay such deficiency each year as the mount thereof is ascertained
by the State.
IN WITNESS WHEREOF, The parties hereto have executed this lease In
duplicate the day and year first above written.
6V
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
SER L. COLE� —1 --
oil, Coamlsolonor of Public Lands
WAt
VMOS SCHOOL DISTRICT NO. 15
Edmonds. 11a hInston 020
Pictures taken Wednesday March 18 1h between 6:15pm and
%\# ?° Photos include Civic Stadium, Madrona K-8 and Old
Edmonds Woodway High School. Most days and nights of the
week these fields are vacant. Some with soccer goals left off to
the side. There is not a need for more fields! For profit sports
leaguech #2f not to play on these fields so they can continue
to build their brands. ti not the job of the school district to
develop property for\\ese businesses at the expense of
students, teachers, neighborhoods and the environment.
These two documents are from the Planning Division Report and Recommendation to the Hearing
Examiner. These documents acknowledge that this project is not for school purposes. A use that is not
allowed dotothe restrictions onthe deed.
playfield lighting at a school site would not seem out of place in a built -
out city environment.
B. Orientation of facilities to developed or undeveloped residential areas;
The proposed ball control fencing, bleachers and playfield lighting in the
OS zone will be set back between 100 and 200 feet from the nearest
property line and will be screened by the forest buffer.
C. Preservation of natural vegetation and/or other natural features;
Neither the forest buffer nor the slopes surrounding the site will be
impacted by the installation of the ball control fencing, bleachers or
playfield lighting. The fencing and bleachers will be installed around the
updated playfields on the existing level portion of the site.
O. Hours of operation; performance standards; conformance of the proposal
with the city's noise ordinance,
The City of Edmonds Parks & Recreation Department will be responsible
for scheduling use of the playfields for non -school activities. They have
indicated that the fields will not be used for non -school activities during
the regular school day (a condition to this effect is proposed). As a result,
the approximate hours of operation could include Monday — Friday, 5
p.m. to 10 p.m., Saturday and Sunday, 9 a.m. to 10 p.m., year-round. This
intensity is in keeping with the use envisioned in the PROS Plan of 2014.
The property performance standards in Chapter 17.60 apply to this parcel
as they do with all parcels in the City. ECDC 17.60.030.13 pertains
specifically to lighting and states:
External lights shall be shielded, trained or directed in a manner
which minimizes glare onto adjacent property or passing traffic.
Arc welding, acetylene torch cutting or similar processes shall be
performed so as not to be seen from any point beyond the outside
of the property. Any lighting on a sports field or court shall be
turned off by or) automatically timed mechanism no later than
10:15 p.m. Field or court lighting fixtures shall minimize scattering
of light beyond the field or court being illuminated.
As noted previously, all -field lighting would be located on tall poles and
directed downward onto the fields and use shielded fixtures to minimize
scattering (Attachments 8 and 12). An automatic timer that shuts lights
off at 10:15 p.m. will be required (a condition is proposed).
Lastly, according to the noise abatement and control standards in
Chapter 5.30 of the Edmonds City Code: "Sounds originating from
officially sanctioned parades and other events to which the general public
is solicited to attend without charge and sounds originating from league
Former Woodway High School Field Improvements
PLN20140065.-0067, PLN2015009 & PLN20150013
Page 11. of 21.
inthe Community Culture and Urban Design Element. Refer to Section Gof
Attachment 10 (pages 3 — 7) for further discussion on how this proposal is consistent
with the Comprehensive Plan.
4. Zoning ordinance. The maximum height for accessory structures inthe RS-8zone is
15 feet. Approval of the subject variance Would allow light poles up -to 90 feet tall as
shown onAttachments 8and 12.
5. Not detrimental. Light poles up to 9Ofeet tall vvVu|d not be significantly detrimental
tothe public health, safety and welfare orinjurious tothepropeMLyor
improvements |nthe vicinity and same zone. The poles inthe RS-8zoned side ofthe
project would besimilar tmthose proposed for the OS'zonedportion nfthe site and
the whole site will continue tobescreened bythe forested buffer. The taller light
poles and cut-off light fixtures will minimize light spill which reduces the impact to
neighboring properties, Asnoted inthe associated light spill plan (Attachment 8,
Sheet SPL -1.0), light intensity near ground level is proposed to be less than I foot-
candle at the site boundary.
6. Minimum variance. The light poles onthe RS'8portion ofPhase 1range between 60
and 9Ofeet inheight (Attachments 8and 12). While lower towers could beused,
the School District indicated that more light towers would then be required. Each of
those lower towers would then not be able to direct the light down as steeply,
increasing light throw off site. Asaresult, tnminimize the number oflights used and
light spill off the site, light poles ranging between 60 and 90 feet would appear the
minimum necessary for this project.
PLN20150013 — Height variance for 90 foot tall light poles in the OS zone
1. Special circumstances. Mavfeld3,parks and open spaces are apublic necessity in
any city but particularly inadeveloped area like Edmonds. The City Council
recognizes this and adopted the updated Parks, Recreation and Open Space (PROS)
Plan inFebruary 2O14which included the p|ayMe|dupgrade project. Specifically,
Objective 2.E states:
"Implement previous community process to wmrkwd/ the Edmonds School
District to redevelop the Former Woodway High School site into o regional
sports and recreation asset with adult soccer/nvuki-snortsburfHe&ds
providing for year-round recreation options and serving ogrowing
community. Involve the community in design development." [Chapter 4:
Action Plan, page 4-4]
Special privilege. Aheight variance for light poles based onpublic necessity would
not constitute special privilege. Light poles of similar height exist at athletic fields
on the Edno0nds-VVoodvvayHigh School campus aswell as Meadovvda|eHigh School,
the new Lynnwood High School, and other sports field installations throughout the
Puget Sound.
Former VVoodwayHigh School Field Improvements
PLN20140065'0007 PUN2015009&PLN201500I3
Page 16o|21
Tovvhumhmaymncern,
Be: ParNngandWicskuad"nOng 238m�tSVVbyda, K|ahayaSwimand Tennis(Iub
The Ci1yhas been made awanebynume.ousnesi6enisoftmMlcanJpaikinHissuesre!a1edtodie
KiahayaSm/imandTennis[|ub�
Per area residents: On wann days and THIng aweB, vehicles regUlady 9H both Wes of 23Wh St SM/
(betvveen1O[o Ave VV and 100h Ave \N) and 104" Ave YV QMh and sMh of 238" ka sonie disfancy)
Club visitorsWill parksochthatMeyNuckuesiden\s'driveways and they also parkauclose io1hecross-
streets that siKht-dis1anceisimpededtothe point ufbeinQverydangerous.
|n|u|yof2Q14,MtystaVvisitediheareadurinXaraXiuna{s*/immeeL.0n1hisday,�iiy$aKobserved
that residents' clairns amurAely described the smMy of Te Mumthn. Vehicles lines bolh ides of
StSM/ and 1Q4'»Ave VA C(ubvisitoein-rd local families were Swed t*xva|kindie streetas6oLh
pmtwqs were Mled with puked cars� Many of the side streeLs were roped off (eithei by resichnits or [)y
club rrianagernent) such Wt visitors COLdd rrot drive down Kom.
/
/
^�//~/
Ryan Hague, PE
[aph»|Projects Manager
March 26, 2015
Page 2
Woodway Sports Fields
In the long-term, noise levels would be consistent with existing levels. There may b
a level of noise such as cheering associated with each of the fields during active us
however that is the current existing use. There is no PA system or amplified music
noise systems associated with this project. Noise associated with maintenanc
activities such as mowing equipment is significantly reduced as synthetic tu
OUR, MIT KFUrVaRT11 Rai
The "times posted by the City of Edmonds" for construction hours, should be cited.
It is unclear what was intended by the statement that the field use will be limited to "compl
with local noise ordinance". Edmonds City Code Chapter 5.30 Noise AFnt an
Control, Section 5.30.100 exempts "sounds originating from league or school sponsore
athletic events", rendering the assurance of compliance meaningless. If the intent of th
statement is to comply with the Code limits in spite of the exemption, then the communi
would benefit from a significant reduction in noise. However, it is unlikely that Cod
compliM
nce is feasible.
Section 5.30.130 E. identifies a Public disturbance as: "Loud and frequent, repetitive
intermittently continuous sounds made by the unamplified human voice or voices betwee
the hours of 10:00 M 7:00 a.m." Given that the proposal identifies a cease of activi
at 10: 15 PM, then the facility could potentially be in violation of "Code" for 15 minutes.
March 26, 2015
Page 3
Woodway Sports Fields
Julie A. Wiebusch, (ECAC, LD AP
President
The Gr ee mhi ,vxh G'Iroup, uric..
p) f) 206,:V8 06dl
MOO W,J `;1 r.,1. `;Idtu 201 `,aaEAlk�. V,//\ 9H, i 19
|429Avenue D.MVIAUDU8ONSUOETY8l9� 425-252-0928
Last week Pilchuck Audubon was contacted regarding the proposed plan for development
of the Old Woodway High School property with respect to the effects of the proposed
development on birds and wildlife in the area. Although the area is included in our
South County Christmas Bird Count it is part of the larger Edmonds Count and can't be
broken out at that level. This is unfortunate because it does not appear that any
meaningful study or review of birds and wildlife in the area has been done during the
planning and approval process. The SEPA checklist simply shows no effect on wildlife.
Over the past 25 years continued growth and development in Edmonds has resulted in a
great loss of habitat for birds and wildlife particularly the loss of wildlife corridors and
tree canopy. Because these major losses have not been tracked, any and all
development of natural areas in Edmonds needs to be analyzed and mitigated because
of the cumulative effect on birds and wildlife.
Three Pilchuck Audubon members who are Edmond residents and skilled birders went
out to the site in question on March 23rd 2015 and conducted a short review of birdlife in
the trees and natural areas surrounding the current sports fields. They were able to
identify 20 winter resident species using the trees and natural areas in less than one
hour. The list is attached for your information. All the identified species were not
unexpected, but the number of actual birds using the trees and natural area was
surprising and indicates that this area is indeed well know and heavily used by local
birds. The birders conducting the review agreed that regular surveys performed at other
times of the year particularly during migration and nesting seasons were needed to have
a true picture of the impact of the proposed development on birds and wildlife and to
ascertain whether mitigation or modification that will be needed for this project. For
example, Seattle Audubon and the Seattle Parks Department made changes in the
plans before installing large additional lighting systems for new sports fields in
Magnusson Park to minimize the negative effects of the lights (particularly at night) on
migratory birds.
It is our understanding that no additional tree cutting in the perimeter natural area
surrounding the sport courts will be done but this needs to be clearly stated in the final
plans. In addition consideration of the timing of loud noises during development and
subsequently during actual usage will be needed to protect migratory and nesting birds.
This is particularly important for Pileated Woodpeckers which are listed by the
Department of Fish and Wildlife as a sensitive species of concern as well as nesting
migratory birds protected under the Migratory Bird Treaty.
We are aware that human health concerns from the use of artificial turf is the plan for
the sport court development but it appears that little of no information is available on
the effects of this new material on birds and other wildlife. More information is needed
regarding toxicity of water run-off and ingestation of the small rubber pellets by Bald
Eagles and other raptors which have a long history of use of the grassy areas.
To summarize, Pilchuck Audubon is requesting additional serious study and real
consideration be given to effects of this project on birds and wildlife and that mitigation
and modification be done as necessary.