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HE recommendation - Conditional Use and Variance -- ESD.pdf 1 2 3 /L— hC 95ahb5{ 4 th 121 5 Avenue North, Edmonds WA 98020 www.edmondswa.gov 5 DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION 6 7 BEFORE THE HEARING EXAMINER FOR THE CITY 8 OF EDMONDS 9 Phil Olbrechts, Hearing Examiner 10 11 RE: Woodway High School Field FINDINGS OF FACT, CONCLUSIONS Improvements Phase 1 OF LAW AND RECOMENDATION 12 Design Review (PLN20140065) 13 14 Height Variances (PLN20140066, PLN20150009 and PLN20150013) 15 Conditional Uses (PLN20140067) 16 17 18 The applicant has applied for one conditional use permit, three variances and design review to install field lights, ball control fencing and bleachers as part of a playfield 19 th improvement project at the former Woodway High School site at 23200 100 Ave West. The project site is split into two zoning districts, specifically the Open Space 20 (OS) and Single-Family 8 (SR-8) zones. The conditional use permit is requested for 21 bleachers, field lights and a 30-foot high ball control fence in the OS zone. One of the three variances is requested to exceed the height limit for the field lights in the OS 22 zone. A second variance is requested to exceed the height limit for the field lights in the RS-8 zone. A third variance is requested to exceed the height limit for the 23 proposed thirty-foot ball control fence in the RS-8 zone. The permit applications should be approved to the extent they apply for the bleachers and ball control fencing. 24 The applications should be denied to the extent they authorize the field lights. The 25 field lights are denied because uncontested and highly plausible expert testimony establishes that night time use of the fields has the potential for generating traffic that is significantly detrimental to public safety and welfare. CU, Variance and Design Review p. 1 Findings, Conclusions and Decision 1 A major issue of contention during the hearing was the replacement of the grass playfields with artificial turf. Testimony was not allowed on this issue because the 2 artificial turf is not part of the applications under consideration. The applications are only for bleachers, field lights and ball control fencing. The playfields themselves are 3 permitted uses in both the OS and RS-8 zones. According to the staff report, the replacement of the fields can be done without any conditional use permit. However, a 4 conditional use permit is required for schools in the RS-8 zone. The Edmonds 5 Community Development Code (ECDC) does not address when changes to a development authorized by a conditional use permit necessitate an amendment to or a 6 new conditional use permit application. This recommendation only addresses the applications for the bleachers, field lights and fencing and does not address whether a 7 separate permit is required for the proposed artificial turf. 8 As noted previously, the conditional use permit application as to field lights is denied 9 because impacts to traffic are not adequately addressed. There are two major reasons for this conclusion. One is that the applicant apparently believed that traffic impacts 10 were beyond the scope of the conditional use permit review. The conditional use permit review is decidedly unique in that only portions of the project are considered 11 as opposed to the field improvements as a whole. Under these conditions it is 12 challenging to determine what impacts are attributable to the improvements under consideration. It is highly debatable that the bleachers by themselves would generate 13 any increase in use that would lead to traffic problems. The lights are an entirely different matter. By enabling night time use, which can include peak hour traffic 14 generation during winter months, the lights can dramatically alter the use and impacts of the playfields. It cannot be reasonably questioned that installation of the lights will 15 increase traffic demand. Those impacts should have been addressed in the 16 conditional use permit review. 17 The second reason for the denial of the permits as to the field lights is that the evidence on adverse traffic impacts was completely uncontested. During the hearing 18 Mark Wall submitted several expert reports, including a report from a traffic engineer asserting that the proposal could create significant traffic impacts. The examiner 19 directly asked the applicant if they wished to see the documents and if they had any 20 objection to them. The applicant stated they had no objection and declined to review the documents. The examiner asked staff about the traffic impacts, and it was staffs 21 position that traffic impacts would be addressed during building permit review. As a result, there is uncontested expert testimony that the proposal will generate a 22 significant amount of traffic that will affect at least one intersection that is suffering from significant congestion. In the absence of any evidence to the contrary, it cannot 23 be determined that the traffic generated by the proposal will not be significantly 24 detrimental to surrounding properties as required by both the conditional use and variance criteria. 25 CU, Variance and Design Review p. 2 Findings, Conclusions and Decision A detailed summary of the hearing testimony is appended to this decision as 1 Attachment 1. 2 3 Exhibit 1 Staff Report dated March 19, 2015 w/ 18 attachments (listed on page 2 4 of the staff report and public comments) Exhibit 2 powerpoint slides 5 Exhibit 3 posters about uses of grass Exhibit 4 photograph by Mr. Cain depicting light permeability of forested buffer 6 Exhibit 5 Packet submitted by Mark Wall (a) A traffic report, (b) a letter from the Audubon Society, (c) an audio engineer study, (d) a statement from 7 the Capital Projects Manager (Ryan Hague), (e) the deed for the 8 property with restrictions, (f) sections of the staff report (pages 11 and 16), (g) six photos of empty play fields 9 10 11 Procedural: 12 1.Applicant. Edmonds School District 13 2. Hearing. The Hearing Examiner conducted a hearing on the subject application on March 26, 2015 at 3:00 pm in the Council Chambers of the Edmonds 14 Public Safety Complex. 15 Substantive: 16 3.Site and Proposal Description. The applicant has applied for one conditional use 17 permits, three variances and design review to install field lights, ball control fencing and bleachers as part of a playfield improvement project at the former Woodway 18 th High School site at 23200 100 Ave West. The project site is located in two zoning 19 districts, specifically the Open Space (OS) and Single-Family 8 (SR-8) zones. The conditional use permit is requested for bleachers, field lights and a 30 foot high ball 20 control fence in the OS zone. One of the three variances is requested to exceed the height limit for the field lights in the OS zone. A second variance is requested to 21 exceed the height limit for the field lights in the RS-8 zone. A third variance is 22 requested to exceed the height limit for the proposed thirty-foot ball control fence in the RS-8 zone. 23 Proposed improvements to the ball fields are divided into three phases, with the 24 permits subject to this decision addressing Phase I. Phase I involves installing two new synthetic turf fields together with 30-foot tall ball control fencing, backstops, 25 bleachers, dugouts and lights. The project site is split-zoned between Open Space (OS) and Single-Family Residential (RS-8), with most of Phase I in the OS zone and CU, Variance and Design Review p. 3 Findings, Conclusions and Decision a small portion in the southeastern corner in the RS-8 zone. See Ex. 1, att. 13. The 1 existing school buildings, parking areas and vehicular circulation patterns will remain unchanged. 2 Phases 2 and 3 will be constructed at a future date depending upon funding 3 availability and will include an identical multipurpose synthetic turf field to the North which will connect the pedestrian pathway system to the southern field constructed in 4 Phase 1. Phase 3 includes a one story restroom and concession building. 5 The record is somewhat unclear as to how much ball field use will change as a result 6 of the proposal. The testimony suggests that the change in use will be substantial. Numerous people testified of the strong need for additional fields. Many Edmonds 7 residents have to travel to fields outside of Edmonds because Edmonds doesnt have 8 enough ball fields available. A detailed summary of all the public testimony on the proposal is appended to this report as Attachment 1. 9 4.Characteristics of the Area. The surrounding area is primarily developed single- 10 family residential, with some BN zoned property to the north. Adjoining uses are buffered by an existing forested area which varies between about 50 feet and 200 feet 11 in width (Attachment 3, cover sheet). 12 5.Adverse Impacts of Proposed Use. The administrative record at least reveals the 13 potential for unmitigated significant adverse traffic impacts. Further information is necessary to determine whether traffic impacts need to be mitigated. Excluding 14 traffic impacts, the proposal will not create any other significant adverse impacts or be significantly detrimental to other properties. Impacts are more specifically 15 addressed below: 16 A.Traffic. The proposal may create significant adverse traffic impacts. 17 Potential impacts were well summarized in a traffic engineering report prepared for Mark Wall, project opponent, in p. 1-2 of Ex. 5(A) as follows: 18 Both national and local trip generation studies of similar multipurpose fields 19 experience heavy demand throughout a majority of the year, especially when combined with field lighting to provide late afternoon/early evening 20 tournaments, games and practice events on sports fields. Average peak hour 21 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 field, 22 would equate to 140 pm peak hour vehicle trips for this 4-field project. As these events would occur outside of normal school hours and begin after 23 school, these events during a typical weekday or weekend tournament events would constitute a change in use even from historical high school uses which 24 would have been limited to only a few special event days rather than purposely built to serve the larger Edmonds and south Snohomish community. 25 Over the course of an entire day, peak daily trips averaged roughly 71 trips per field, amounting to an additional 285 trips. CU, Variance and Design Review p. 4 Findings, Conclusions and Decision th The traffic engineer notedthat the signalized intersection of 100Ave W and 1 Edmonds Way, located immediately to the north of the project site, is one of the most congested intersections in the city and that a traffic analysis could result in 2 improvements required to that intersection. Other improvements, such as turn lanes and sight access improvements, could also be required. 3 The record contains no evidence that contradicts Mr. Walls traffic study. There 4 eate traffic 5 impacts. In response to examiner questioning, staff stated that off-site traffic impacts would be addressed during building permit review. The applicant 6 provided no rebuttal evidence. It is certainly within the realm of possibility that a traffic study may conclude that no off-site improvements are necessary. It is 7 th 8 would cause the Edmonds Way/100 Ave W intersection to fail under adopted level of service standards. However, it is much more notable that no qualified 9 person was able to say that traffic should not be a concern. From the one-side evidence in the record, it cannot be concluded that traffic generated by the 10 proposal will not be significantly detrimental to public health, safety and welfare. 11 Approval of the bleachers and ball control fields could result in increased use of 12 the fields without the field lights, but the record does not suggest that this increase would be significant. The fields are already used for day time sports activities. 13 The conditions of approval limit the fields to school use during school hours. There is nothing about the addition of ball control fencing and bleachers that 14 inherently suggests a major new draw for sports leagues during off-school hours. The reconfiguration of the ball fields, with or without artificial turf, might 15 generate a significant amount of new traffic, but that can likely be done without 16 any permitting review or associated traffic mitigation. Consequently, the impacts of the bleachers and fencing has to be considered in terms of how much traffic 17 they would generate in addition to the traffic generated by ball field reconfiguration. That amount of traffic is more likely than not negligible. 18 As to internal circulation, there is nothing to suggest that any mitigation or design 19 changes are necessary. The staff report concludes that internal circulation is 20 adequate because no changes to internal circulation are proposed. In the absence of any 21 determinative. 22 B.Lighting. The lighting for the proposal is mitigated as much as is reasonably possible and should not be construed as significantly detrimental to 23 adjoining properties. All lights proposed for the project will be on tall poles 24 which will allow the lights to be directed more steeply downward into the site. Shielded fixtures will be used (Attachments 8 and 12). This arrangement will 25 result in low light spill at the site boundaries of less than 1 foot candle measured at 3 feet above the ground (Sheet SPL-1.0, Attachment 8). An automatic timer that shuts lights off at 10:15 p.m. is required as condition of approval. The lights CU, Variance and Design Review p. 5 Findings, Conclusions and Decision will also be screened from adjoining properties bya50 to 200 foot wide forested 1 buffer surrounding the ball fields. Greg Cain submitted a photograph showing that the forested buffer is not very opaque. If the applicant reapplies, it should 2 investigate whether the planting of additional trees at the project site more closely together will enhance the buffering of the existing forested buffer. 3 C.Noise. As conditioned, the project does not create significant noise 4 impacts. The City Council has adopted what it deems to be acceptable noise levels 5 in Chapter 5.30 ECC. ECC 5.30.100(G) exempts noise from school or league sponsored athletic events from the noise level restrictions of Chapter 5.30 ECC. 6 This should be construed as a legislative determination that high noise levels from athletic events should not be construed as significantly detrimental to neighboring 7 properties. Although the City Council has comprehensively regulated noise levels 8 in Chapter 5.30 ECC, there is nothing to suggest that the Council intended these regulations to prevent the imposition of reasonable noise control measures in the 9 conditional use review process. Simply because the Council finds high noise 10 acceptable for these noise levels to go on for 24 hours a day. The conditions of approval recommended by staff reasonably limit the noise of the athletic events 11 by requiring the events to end at 10:15 (the time the lights are required to shut 12 off). Coupled with the forested buffer around the athletic fields, the project has been reasonably designed and conditioned to limit noise impacts to adjoining 13 property owners to reasonable levels. 14 Group, a consultant with some apparent expertise in noise impacts. The 15 memorandum notes that upon construction of all three phases the long-term use of 16 the fields includes the potential for four games rather than the existing two, that the frequency of use will increase and that the bleachers will raise the noise level 17 source. It does appear fairly clear that noise will increase as a result of the proposal. As noted in the previous paragraph, however, high noise levels are 18 deemed legislatively acceptable for league and school sponsored athletic events. The relevant inquiry for noise impacts is whether all reasonable mitigation 19 measures have been imposed. The Greenbusch Group memorandum does not 20 identify any additional reasonable noise conditions that could be imposed upon the project. 21 D.Parking. Parking is adequate as defined by legislatively adopted parking 22 standards. Parking for different uses is regulated by ECDC 17.50.030(C), which provides that the number of parking stalls must be the sum of the requirements for 23 different uses. As shown on Attachment 9, there are currently 307 parking stalls 24 on the site. For the school use, 102 parking stalls are required (1 stall per daytime employee per ECDC 17.50.020(C)(6)). For the playfield use, the requirement for 25 outdoor places of public assembly in ECDC 17.50.020(C)(1) applies. This Outdoor places of public of assembly, including stadiums and arenas require one parking space per eight fixed seats or per 100 CU, Variance and Design Review p. 6 Findings, Conclusions and Decision square feet of assembly area, whichever is greater. 1 42 parking stalls would be required for the playfields. However, using the assembly area method, 137 stalls would be required based on an estimate of 2 where spectators would most likely congregate around the fields. Summing the 137 stalls for playfield use and the 102 stalls for school use equals 239 stalls, 68 3 less than the 307 existing stalls on the site. The proposal is also conditioned to provide that fields will not be scheduled for non-school activities during regular 4 school hours to reduce conflicts between school and non-school use. 5 Mr. Wall submitted Ex. 5(D), a statement from Ryan Hague, along with 6 photographs, identifying that on warm days and during swim meets, vehicles used th by visitors to the Klahaya Swim and Tennis Club regularly fill both sides of 238 7 th St SW and 104 Ave W. The vehicles block driveways and sidewalks and 8 obstruct sight distance at intersections. Mr. Wall submitted these documents as an example of why a traffic study is necessary. There is no information in the record 9 to suggest that the parking standards applied to Klahaya are those that are being 10 parking standards will prove inadequate for the ball field proposal or that Klahaya was subject to the same parking standards, the parking deficiencies of the Klahaya 11 complex have no relevance to the proposal under consideration. 12 E.Wildlife. The proposed bleachers and field lights will not create any 13 significant impacts to wildlife. The City Council has adopted standards that it deemed adequate to protect wildlife in its critical area regulations, which includes 14 fish and wildlife habitat conservation areas. Information in the record suggests that at least portions of the forested buffer surrounding the project qualify as fish 15 and wildlife buffers under the critical areas regulations. The Pilchuck Audubon 16 Society submitted a letter, Ex. 5(B), suggesting that noise from the field use could adversely affect bird species in the fish and wildlife habitat conservation area. 17 The author of the Audubon letter is not identified and it is unknown if the author has any expertise on wildlife impacts. In the absence of any expert testimony that 18 were not designed to address the type of wildlife impacts created by the proposal, the critical areas ordinances are found to 19 adequately protect wildlife from adverse impacts. 20 F.Compatibility. Beyond the issues already addressed, the proposal is 21 compatible with surrounding uses. The 50 to 200 foot-wide buffer surrounding the ball fields is taller than the proposed 30 foot fencing and bleachers. The 22 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 23 screened by the forest buffer. Traffic impacts have not yet been addressed, but if 24 and when off-vel of service and street standards, traffic impacts will be deemed compatible with 25 surrounding uses as well. CU, Variance and Design Review p. 7 Findings, Conclusions and Decision CONCLUSIONS OF LAW 1 Procedural: 2 1. Authority of Hearing Examiner. ECDC 20.01.003 provides that the Hearing Examiner will hold a hearing and issue a final decision on conditional use 3 permit and variance applications. ECDC 20.01.002(C) requires consolidation of design review permits with the hearing examiner review of the conditional use and 4 variance permits. ECDC 17.00.030(C) requires that examiner decisions on variances 5 be recommendations to the City Council for public structures and uses. The conditional use and design review decisions are consolidated along with the variance 6 recommendations to the City Council per ECDC 20.01.002(C). 7 Substantive: 8 2. Zoning Designations. Most of the project is located in the OS zone. The 9 southeastern portion of the project is located in the RS-8 zone. Bleachers, ball control fencing and field lights are located in both zoning districts. 10 3.Scope. The applications under review are for bleachers, ball control fencing and 11 field lights. The applications do not involve the artificial turf contemplated by the 12 applicant to replace the existing grass fields. The proposed artificial turf was not a part of the application considered by the examiner and its impacts are beyond the 13 scope of this recommendation. 14 4. SEPA Issues checklist and environmental review of the proposal under the Washington State 15 16 recommendation. The examiner and City Council only have jurisdiction to consider a timely appeal of a SEPA threshold determination or adequacy of an environmental 17 impact statement. See WAC 197-11-680(3)(a)(iii). Even that jurisdiction is somewhat questionable since the applicant as opposed to the City issued the SEPA 18 threshold determination. No timely appeal was filed so the adequacy of SEPA review is not an issue subject to consideration. Mr. Wall cites to WAC 197-11- 19 340(3)(a), which authorizes the lead agency to withdraw a SEPA determination of 20 nonsignificance if there is significant new information or the determination was procured by misrepresentation or material nondisclosure. In this case the lead 21 agency is the applicant. The City has no authority to withdraw the DNS. 22 5. Permit Review Criteria. A conditional use permit is required for the portion of the project in the OS zone for the bleachers, field lights and ball control 23 fencing over 25 feet in height pursuant to ECDC 16.80.010(C)(3) and ECDC 24 16.80.010(C)(4). ECDC 16.80.010(C)(4) imposes a height limit of 60 feet on all structures in the OS zone. Consequently, a variance is required for the 90 foot field 25 lights proposed in the OS zone. ECDC 16.20.050(B) imposes a maximum height of 15 feet for accessory structures in the RS-8 zone. Consequently, a variance is needed for the 30-foot ball control fence and the 90 foot field lights in the RS-8 zone. CU, Variance and Design Review p. 8 Findings, Conclusions and Decision Conditional use permit criteria aregoverned by ECDC 20.05.010. Variance criteria 1 are governed by ECDC 20.85.010. All applicable criteria are quoted in italics below and applied through corresponding conclusions of law. 2 CONDITIONAL USE PERMIT 3 ECDC 20.050.010: No conditional use permit may be approved unless all of the 4 findings in this section can be made. 5 A.That the proposal is consistent with the comprehensive plan. 6 6. Except as to traffic impacts, the proposal is consistent with the 7 Comprehensive Plan. As noted in the staff report to the Architectural Design Board, 8 the playfield upgrade project was included in the Parks, Recreation and Open Space (PROS) Plan adopted by City Council in February 2014 (Attachment 10, page 3). 9 This Plan is adopted by reference in the Comprehensive Plan and specifically includes Objective 2.E which describes the project: 10 Implement previous community process to work with the Edmonds School 11 District to redevelop the Former Woodway High School site into a regional 12 sports and recreation asset with adult soccer/multi-sports turf fields, providing for year-round recreation options and serving a growing community. Involve 13 the community in design development.-4\] 14 In addition, staff feels that the proposal is consistent with the design guidance found in the Community Culture and Urban Design Element. Refer to Section G of 15 Attachment 10 (pages 3 7) for further discussion on how this proposal is consistent 16 with the Comprehensive Plan. 17 ECDC 20.05.010(B): Zoning Ordinance. That the proposed use, and its location, is 18 consistent with the purposes of the zoning ordinance and the purposes of the zone 19 district in which the use is to be located, and that the proposed use will meet all applicable requirements of the zoning ordinance. 20 7. The staff report analysis of Zoning Ordinance compliance, located at 21 pages 10-12 of the staff report, is adopted and incorporated by this reference as if set 22 forth in full. 23 ECDC 20.05.010(C): Not Detrimental. That the use, as approved or conditionally approved, will not be significantly detrimental to the public health, safety and welfare, 24 and to nearby private property or improvements unless the use is a public necessity. 25 8. The criterion is not met for the field lights. As determined in Finding of Fact No. 5, it cannot be determined from the record whether or not traffic impacts CU, Variance and Design Review p. 9 Findings, Conclusions and Decision caused by thefield lights will be significantly detrimental to public health, safety and 1 welfare. In point of fact, the most compelling evidence strongly suggests that the traffic will be detrimental to public safety and welfare. 2 established that the proposal will generate significant traffic and also that at least one affected intersection is significantly congested. The staff position on traffic impacts is 3 that those impacts will be addressed during building permit review. Traffic issues are an integral part of project impacts in conditional use permit review and potential 4 solutions should be presented for public comment. As noted in Mr. Walls traffic 5 analysis, the lights will result in a significant increase in traffic during night time hours. As further noted in that analysis, the number of trips generated by the 6 nighttime use enabled by the field lights exceed the thresholds in Edmonds that trigger required traffic studies. If traffic generation reduces the level of service of any 7 affected intersection below adopted levels, the project would unquestionably be 8 construed as being significantly detrimental to public health, safety and welfare. 9 Note that the criterion is not met solely because of the traffic impact issue. If the City Council determines that traffic impacts are adequately addressed as proposed or 10 further conditioned, then the criterion quoted above should be construed as satisfied and all permits under the review of this decision should be approved. As determined 11 in Finding of Fact No. 5, the proposal will not create any significant adverse impacts 12 except for potentially traffic impacts. 13 As to the bleachers and ball control fencing, there are no impacts associated with those structures that would be significantly detrimental to public safety and welfare. 14 There is nothing in the record to reasonably suggest that those structures, limited to day time use without the field lights, would generate a significant increase in traffic 15 over existing use. As determined in Finding of Fact No. 5, there are no other 16 significant impacts associated with the proposal as proposed and conditioned. The criterion quoted above is met as to the bleachers and ball control fencing. 17 ECDC 20.05.010(D): Transferability. The hearing examiner shall determine whether 18 the conditional use permit shall run with the land or shall be personal. If it runs with the land and the hearing examiner finds it in the public interest, the hearing examiner 19 may require that it be recorded in the form of a covenant with the Snohomish County 20 auditor. The hearing examiner may also determine whether the conditional use permit may or may not be used by a subsequent user of the same property. 21 9. The conditional use permit shall be personal as requested by the applicant. 22 Given the nature of the impacts generated by the proposal, it is in the public interest to maintain ownership of the use in the hands of a public agency that is accountable to 23 the public. 24 VARIANCES 25 ECDC 20.85.010: No variance may be approved unless all of the findings in this section can be made. CU, Variance and Design Review p. 10 Findings, Conclusions and Decision 1 ECDC 20.85.010.A(1) Special Circumstances: That, because of special circumstances relating to the property, the strict enforcement of the zoning ordinance 2 would deprive the owner of use rights and privileges permitted to other properties in the vicinity with the same zoning. 3 a.Special circumstances include the size, shape, topography, location or 4 surroundings of the property, public necessity as of public structures and 5 uses as set forth in ECDC 17.00.030 and environmental factors such as vegetation, streams, ponds and wildlife habitats. 6 b.Special circumstances should not be predicated upon any factor personal to the owner such as age or disability, extra expense which may be 7 necessary to comply with the zoning ordinance, the ability to secure a 8 scenic view, the ability to make more profitable use of the property, nor any factor resulting from the action of the owner or any past owner of the same 9 property; 10 10.The criterion is met for all three of the variances because the ball control fencing and 90 foot light polls are all a public necessity, as recognized in the Edmonds Parks, 11 Recreation and Open Space (PROS) Plan. Specifically, Objective 2.E states: 12 Implement previous community process to work with the Edmonds School 13 District to redevelop the Former Woodway High School site into a regional sports and recreation asset with adult soccer/multi-sports turf fields, providing 14 for year-round recreation options and serving a growing community. Involve the community in design development.-4\] 15 16 ECDC 20.85.010(B) Special Privilege: That the approval of the variance would not be a grant of special privilege to the property in comparison with the limitations upon 17 other properties in the vicinity with the same zoning; 18 15.A height variance for ball control fencing in the RS-8 zone based on public necessity would not constitute special privilege. Ball control fencing of a similar 19 height shown on Sheets F-2.5 and F-2.6 of Attachment 3 is proposed for the OS-zoned 20 portion of the site (through permit PLN20140067) and exists at athletic fields on the Edmonds-Woodway High School campus as well as Meadowdale High School, the 21 new Lynnwood High School, and other sports field installations throughout the Puget Sound (Attachment 17 fence letter). 22 A height variance for the 90 foot light poles in the RS-8 and OS zones based on public 23 necessity would not constitute special privilege. Light poles of a similar height exist 24 at athletic fields on the Edmonds-Woodway High School campus as well as Meadowdale High School, the new Lynnwood High School, and other sports field 25 installations throughout the Puget Sound. ECDC 20.85.101 Comprehensive Plan: That the approval of the variance will be CU, Variance and Design Review p. 11 Findings, Conclusions and Decision consistent with the comprehensive plan; 1 15.The proposal is consistent with the comprehensive plan for the reasons identified 2 in Conclusion of Law No. 6. 3 ECDC 20.85.010(D) Zoning Ordinance: That the approval of the variance will be consistent with the purposes of the zoning ordinance and the zone district in which the 4 property is located; 5 13. The proposal is consistent with the purposes of the RS-8 and OS zones. 6 One of the primary purposes of the residential zones, as expressed in ECDC 16.10.000, is to protect residential uses from hazards and nuisances, expressly 7 including noise and glare. The purpose of the OS zone, as expressed in ECDC 8 16.65.000, is to designate land acquired by public agencies for open space uses and to regulate these open space lands recognizing that they cannot be developed without 9 severe environmental impacts. The project design and conditions of approval are designed to provide for compatibility with residential use as contemplated by ECC 10 16.10.000. The retention of the 50 to 200 foot forested buffer surrounding the ball fields is consistent with the purpose of the OS zone. 11 12 ECDC 20.85.010 Not Detrimental: That the variance as approved or conditionally approved will not be significantly detrimental to the public health, safety 13 and welfare or injurious to the property or improvements in the vicinity and same zone; 14 14. The criterion is not met for the field light variances. As concluded in 15 Conclusion of Law No. 15, the 90 foot height for the field lights is the minimum 16 necessary to make the field lights function appropriately. Consequently, the night time traffic generated by the proposal is directly attributable to the 90-foot height 17 proposed for the field lights. The requested variances would enable the installation of field lights, which in turn would enable night time sports events that could create 18 significant adverse traffic impacts as determined in Finding of Fact No. 5(A). For these reasons, it cannot be determined that approval of the variances would not be 19 materially detrimental to the public safety and welfare. 20 The criterion is met for the proposed 30-foot ball control fence variance. Installation 21 of the ball control fencing is not a pre-requisite to night time use and there is nothing in the record to suggest that the fencing will directly increase traffic generated by the 22 proposal if it is limited in a practical sense to daytime use in the absence of field lights. In the absence of significant traffic impacts, the ball fields will not create any 23 other significant impacts as determined in Finding of Fact No. 5. 24 ECDC 20.85.010(F) Minimum Variance: That the approved variance is the 25 minimum necessary to allow the owner the rights enjoyed by other properties in the vicinity with the same zoning. CU, Variance and Design Review p. 12 Findings, Conclusions and Decision 15.The proposed heights for the ball control fencing and field lights are the 1 minimum necessary to provide for safe and effective ball field use. The criterion quoted above is met. 2 As to the ball fields, as detailed in Ex. 1, att. 17, the 30-foot ball field fence height is 3 necessary to protect adjoining school property users and spectators from errant balls. As further discussed in Ex. 1, att. 17, the fence height is consistent with the heights of 4 fencing for ball fields in numerous other jurisdictions. 5 The light poles of Phase 1 range between 60 and 90 feet in height (Attachments 8 and 6 12). While lower towers could be used, the School District indicated that more light towers would then be required. Each of those lower towers would then not be able to 7 direct the light down as steeply, increasing light throw-off from the site. As a result, 8 to minimize the number of lights used and light spill off the site, light poles ranging in height between 60 and 90 feet is the minimum necessary for this project. 9 Design Review 10 The findings and conclusions of the planning division on design review, Ex. 1, att. 10, 11 were adopted by the Design Review Board and are adopted by this decision as well. 12 In addition, this decision adopts the conditions of approval recommended by the Design Review Board. 13 RECOMMENDATION 14 The variances, design review and conditional use permit applications for the bleachers 15 and ball control fencing should be approved subject to the conditions below. The 16 design review for the field lighting should be approved subject to the conditions recommended by the Design Review Board. The variances and conditional use permit 17 application for the field lighting should be denied. More specifically: 18 PLN20140065 (Design Review) should be approved in its entirety. PLN20140066 (Height variance for ball control fencing in the RS-8 zone) should 19 be approved. 20 PLN20140067 (Conditional use permit for bleachers, playfield lighting, and ball control fencing height in the OS zone) should be approved for the bleachers and 21 ball control fencing and denied for the field lighting. PLN20150009 (Height variance for light poles in the RS-8 zone) should be 22 denied. PLN20150013 (Height variance for light poles in the OS zone) should be denied. 23 24 The approved permits should be subject to the following conditions of approval: 25 1. The ball control fencing in the OS and RS-8 zoned portions of the project site may be a maximum of 30 feet in height as shown on Sheets F-2.5 and F-2.6 of Attachment 3. CU, Variance and Design Review p. 13 Findings, Conclusions and Decision 2.Fields shall not be scheduled fornon-school activities during regular school 1 hours. 3. The Applicant shall give serious consideration to the location of the double gate 2 so as to not need to relocate it once subsequent phases of the project are implemented. 4. The Applicant must apply for and obtain all necessary permits. This application 3 is subject to the requirements in the Edmonds Community Development Code. It is up to the Applicant to ensure compliance with the various provisions contained in 4 these ordinances. 5 5. The conditional use permit shall be personal to the Edmonds School District and is not transferable. 6 6. Subsequent phases of this project will require separate land use permitting processes as necessary. 7 7. The applicant shall work with staff to identify an appropriate species of tree for 8 the entry drive adjacent to the fields. 9 Dated this 10th day of April 2015. 10 11 12 City of Edmonds Hearing Examiner 13 14 15 This document serves as a recommendation to the City Council. The City Council will make the final decision on the permit applications based upon evidence admitted 16 into the administrative record by the hearing examiner. Please contact the Edmonds Planning Division, 425-771-0220, to determine when the recommendation will be 17 considered by the City Council and how citizens can participate in the City Council review. 18 19 20 21 22 23 24 25 CU, Variance and Design Review p. 14 Findings, Conclusions and Decision