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250 5TH AVENUE NORTH - EDMONDS, WA 98020 - (206) 771-0220 - FAX (206) 771-0221
HEARING EXAMINER P'4-0
FINDINGS, CONCLUSIONS AND DECISION
OF THE HEARING EXAMINER h1ok 3
AIA&VI,
CITY OF EDMONDS Twalk,
APPLICANT: Bracht and James, Inc.
CASE NO.: CU 96-93
LOCATION: 22805 1001h Avenue West (see Exhibit A, Attachments 3 & 4).
REQUEST: A Conditional Use Permit to convert an existing single family
residence into a Daycare Center which would serve 25 children
with on -site parking for up to 8 cars (see Exhibit A, Attachments 2
and 3).
REVIEW PROCESS: Conditional Use Permit; Hearing Examiner conducts public
hearing and makes final decision.
MAJOR ISSUES:
a. Compliance with Edmonds Community Development Code (ECDC)
Section 16.50 (Community Business).
b. Compliance with Edmonds Community Development - Code (ECDC)
Chapter 20.05 (CONDITIONAL USE PERMITS).
c. Compliance with Edmonds Community Development Code (ECDC)
Chapter 17.50 (PARKING REQUIREMENTS).
SUMMARY OF RECOMMENDATION AND DECISION:
Staff Recommendation: Approval if applicant can meet parking requirements.
Hearing Examiner Decision: Approved with conditions.
PUBLIC HEARING:
After reviewing the official file which included the Planning Division Staff Advisory Report; and
after visiting the site, the Hearing Examiner conducted a public hearing on the Bracht and James
application. The hearing on the application was opened at 9:05 am, October 17, 1996, in the
Plaza Room, Edmonds Library, Edmonds, Washington, and at 9:08 am it was continued to
November 7, 1996. The hearing was reopened at 9:03 am on November 7, 1996 and was closed
at 9:14 am. Participants at the public hearing and the exhibits offered and entered are listed in
this report. A verbatim recording of the hearing is available in the Planning Division.
* Incorporated August 11, 1890 *
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Hearing Examiner Decision
Fili. No. CU 96-93
Page 2
HEARING COMMENTS:
The following is a summary of the comments offered at the public hearing.
From the City:
John Bissell, Project Planner, reviewed the staff advisory report which recommended denial
of the application, as the proposal did not have enough parking stalls to allow 25 children to
be enrolled at the Day Care Facility. He noted however, that the staff would recommend
approval if the applicant complied with the parking requirements. He said that there is room
on the site for six parking stalls, but that would limit enrollment to 20 children and would
limit employment to two employees. He said a parking plan would need to be submitted by
the applicant which complies with city standards. He noted that none of the plans submitted
to date meet the city's requirements. He recommended that if the application is approved, it
should be conditioned to require compliance with city code. He also recommended that a
condition be added which would require the applicant to comply with the city code within a
specified period of time or vacate the premises.
From the Applicant:
Jay Young, Leasing Agent for the property owner said the property was in Snohomish County
%�hen the property was originally leased. He said the applicant is willing to live with a 20
student maximum and they will work with the City to provide the required parking.
From the Community:
No one from the general public spoke at the public hearing.
Written Comments:
No written comments were submitted by members of the general public on this applications.
FINDINGS OF FACT AND CONCLUSIONS
A. Site Description
1. Site Development, Neighboring Development, And Zoning:
a. Facts:
(1) Size: The subject property is approximately 28,336 square feet and is
generally rectangular in shape; with property dimensions of
approximately 82-feet along 100th Avenue West by 308-feet deep (see
Exhibit A, Attachment 4).
(2) Land Use: The property is currently developed with a single family
residence.
(3) Subject Property Zoning: The zoning of the subject property is BC
(Community Business (see Exhibit A, Attachment 1).
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Hearing Examiner Decision
File. No. CU 96-93
Page 3
(4) Terrain and Vegetation: The subject property is generally rolling flat
with a slope up from the west to the east and has some ornamental
vegetation and open grassy areas.
(5) Surrounding Development and Zoning:
(a) North: The area is currently developed with single family
residences, and zoned RS-8 (see Exhibit A, Attachment 1).
(b) South: The area is currently developed with a commercial use
and is zoned BC (see Exhibit A, Attachment 1).
(c) West: The area is currently developed with a commercial use
and is zoned BN (see Exhibit A, Attachment 1).
(d) East: The area is currently developed with single family
residences, and zoned RS-8 (see Exhibit A, Attachment 1).
B. State Environmental Policies Act (SEPA)
1. a. Fact: The application is exempt from SEPA pursuant to WAC 197-11-
800(6)b.
b. Conclusion: The applicant and the City have satisfied the requirements'of
SEPA.
C. Edmonds Community Development Code (ECDC) Compliance
1. Compliance with ECDC Section 16.50 (Community Business)
b) Fact: Daycare Centers are a primary use in Community Business zones if
a Conditional Use Permit is granted, per ECDC 16.80.030.2.
c) Conclusion: A Conditional Use Permit is required to allow a daycare
center.
2. Compliance with Code (ECDC) Chapter 20.05 (CONDITIONAL USE
PERMITS)
a) Facts: ECDC Section 20.05 contains the review and approval criteria for
conditional use permits. According to the aforementioned code section,
"No conditional use permit may be approved unless all the findings in this
section can be made." The findings are as follows:
(1) Comprehensive Plan - That the proposed use is compatible with the
Comprehensive Plan.
(2) Zoning Ordinance - That the proposed use, and its location, is
consistent with the purposes of the Zoning Ordinance and the purpose
of the zone district in which the use is to be located, and that the
proposed use will meet all the applicable requirements of the Zoning
Ordinance.
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Hearing Examiner Decision
File. No. CU 96-93
Page 4
(3) Not Detrimental - That the use, as approved or conditionally approved,
will not be significantly detrimental to the public health, safety and
welfare, and to nearby private property or improvements unless the use
is a public necessity.
(4) Transferability - The Hearing Examiner shall determine whether the
conditional use permit shall run with the land or shall be personal.
b) Compliance with the criteria for a Conditional Use Permit
(1) Comprehensive Plan: The City of Edmonds Comprehensive Plan has
several policies pertaining to daycare centers. Policy B.5 states,
"Protect residential areas from incompatible land uses through the
carefid control of other types of development and expansion based
upon the following principles.- B.5.a. Residential privacy is a
fundamental protection to be upheld by local government. B.5.b.
Traffic not directly accessing residences in a neighborhood must be
discouraged.
(2) Zoning Ordinance: The BC zone allows Daycare Centers, provided the
use is approved through the Conditional Use Permit process.
(3) Not Detrimental: The applicant has submitted several site plans. The
first site plan indicated a 45 foot setback from the street. A site
inspection reveals that the sidewalk is approximately 45 feet from the
building, but that the water meter is 37 feet from the building. It is a
City policy to set water meters on public property. Therefore, the
existing street setback is less than 37 feet. Due to these measurements
the Engineering Division has commented that the proposed project
cannot meet the minimum code requirements for legal parking.
Therefore, the use of the property in the proposed configuration would
be detrimental to public health and safety. ECDC Section 20.85,
Variances, states that the scope of a variance is "to any requirement of
the zoning ordinance (Titles 16 & 17)." Parking lot construction
standards are found in Title 18. Therefore, there is no variance
available to the parking lot construction standards (see Exhibit A,
Attachment 5). Three additional site plans have been submitted by the
applicants in an attempt to meet the city requirements. (See Exhibit B
and attachments to Exhibit Q. None of the site plans submitted to
date meet city requirements, however, city staff indicated at the
hearing that it may be possible to meet the requirements if only six (6)
spaces are provided and if enrollment is limited.
(4) Transferability: The proposed development will be permanent,
therefore the permit should run with the land.
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File. No. CU 96-93
Page 5
c) Conclusions:
(1) Comprehensive Plan: The proposal appears to be consistent with the
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Comprehensive Plan.
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(2) Zoning Ordinance: The BC zone allows Daycare Centers, provided the
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use is approved through the Conditional Use Permit process.
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Therefore, the proposed development is consistent with the zoning
designation for the subject property.
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(3) Not Detrimental: Due to parking and traffic concerns, it appears that
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the proposed project would not create a detriment to the traffic safety
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in the area if six parking spaces and ingress/egress are provided which
comply with city standards, and if enrollment is limited to 20 students
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and if employment is limited to two employees.
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(4) Transferability: The proposed development will be permanent,
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therefore the permit should run with the land.
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D. Technical Committee
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1. The proposed Conditional Use Permit has been reviewed and evaluated by other
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Departments/Divisions of the City.
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a. The Engineering Division has commented that the original proposal does not
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accurately reflect the property dimensions and parking location, and that approval
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of the application could result in a detriment to the public health safety and
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welfare. (see Exhibit A, Attachment 5). The Engineering Division reviewed
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revisions to the site plan and found that the revisions still do not meet code (See
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Exhibit Q.
DECISION:
Based upon the foregoing findings and conclusions, the request for approval of a Conditional Use
Permit to allow a Daycare Center at 22805 100" Avenue West is approved, subject to the
following conditions:
1. The application is subject to the applicable requirements contained in the Edmonds
0 Community Development code. It is the responsibility of the applicant to ensure compliance
with the various provision contained in these ordinances.
2. The applicant must comply with the provisions of Community Development Code Section
17.50.020.C.8 which regulates parking for dayeare centers. In order to comply with the
above noted requirements, six parking spaces and proper ingresslegress shall be provided,
0 enrollment shall be limited to 20 children, and no more than 2 employees will be allowed.
Furthermore, a revised parking plan shall be submitted to the city for review and approval
within 30 days of the date of this decision; and parking improvements, including any required
curb cuts, shall be made within 90 days following the approval of the parking plan by city
Hearing Examiner Decision
File. No. CU 96-93
Page 6
plan by city staff. If said plans are not submitted and if improvements are not completed
within the time frames noted above, the Conditional Use Permit shall become void.
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3. The permit is transferable, if the conditions noted above are met.
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Entered this 12th day of November, 1996, pursuant to the authority granted the Hearings
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Examiner under Chapter 20. 100 of the Community Development Code of the City of Edmonds.
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Hearing Examiner
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RECONSIDERATIONS AND APPEALS
The following is a summary of the deadlines and procedures for filing reconsiderations and
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appeals. Any person wishing to file or respond to a recommendation or appeal should contact the
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Planning Department for further procedural information.
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A. Request for Reconsideration
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Section 20.100.010.G allows for the Hearing Exantinerto reconsider his decision or
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recommendation if a written request is filed within ten (10) working days of the date of the
initial decision by any person who attends the public hearing and signs the attendance register
and/or presents testimony or by any person holding an ownership interest in a tract of land
which is the subject of such decision or recommendation. The reconsideration request must
cite specific references to the findings and/or the criteria contained in the ordinances
governing the type of application being reviewed.
B. Appeals
Section 20.105.020.A & B describe how appeals of a Hearing Examiner decision or
recommendation shall be made. The appeal shall be made in writing, and shall include the
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decision being appealed along with the name of the project and the date of the decision, the
name of the individual or group appealing the decision, their interest in the matter, and
reasons why the appellant believes the decision to be wrong. The appeal must be filed with
the Community Development Director within ten (10) working days after the date of the
decision being appealed.
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Hearing Exan -dner Decision
File. No. CU 96-93
Page 7
EXHIBffS:
The following exhibits were offered and entered into the record.
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A. Planning Division Advisory Report with five attachments,
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B. Revised site plan.
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C. Memo from Gordy Hyde dated 11/6/96, with two attachments.
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PARTIES OF RECORD
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Bracht & James Inc. Kevin Hendrickson
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22805 1 00th Ave W c/o RPA
Edmonds, WA 98020 22937 Hwy 99
Edmonds, WA 98026
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22937 Hwy 99 Public Works Department
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Edmonds, WA 98026 Park Division
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NOVEMBER-7.106
PLEASE PRINT LEGIBLY YOUR NAME, ADDRESS, ZIP
CODE AND PHONE NUMBER BELOW IF YOU WISH TO
SPEAK ON THIS ITEM
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CU-96-93 BRACHT & JAMES, INC. (CONTINUED)
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Date:
November 6, 1996 lor.
To: Planning Division,
John Bissell, Associate Planner
From: Gordy Hyde, Engineering Coordinator
Subject: CU for Bracht & James lnc.(22aO5 - 100th Ave, W.)
(CU-96-93)
I have received -another revised parking plan dated October 30, 1996. This plan
still shows parking stalls, this time angled, that are only 10 feet long, measured
on the angle. The stalls are only 8.5 feet wide, measured on the angle. These
spaces do not meet code and as such, the plan is unacceptable.
The applicant has also only provided six stalls on the subject revision.
CrfY OF EDMONDS
ENGU49EMGDIMON
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btepping Stones Montessori
KIndergarten and Preschool
:22805 100th Avenue West - Edmonds WA 98020
(206) 774 - 3773
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Norlhwes; and meet or exceed all r*6fions and requirements of the state to be a fiay
ficansed preschool and kindcrgertco,
PMLOSOPHY:
It is thc goal of Slcmft Stones Momewti Pmebool, and YJnd&gwm to pavide a
cardWIY Pimed, stiraWating ctrAronment that wW help chAdwri to develop within
thCMCM3 thQ fbUndatiWal. h" attitudm slals, and ideas which = essential for a
fifedma�of Creative thinldng and L-wnin& We strive to aftle an atrnwphm that PVOM0408
fun, independonoo, reepcosibility, and rinpect. We balieve that it is vvith nuttuting,
0 individual aftntion and rnubW jrcqmt that cWl&= reach tb* highest potentials
emotionally, socially, and scademloally.
At StOPPing StMeA WO fOlow the Montesami philosophy that children loam beat in a
preMed aftonment which promotes inftmdence v4dw struchinAt limits. Mam
Mmte"Ofl beliEved that children are motrnted from widda by a natural outiosity and love
for knowlo4p about tho world which is facilitated most by active participsoca r*hcr duut
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In the M00tftsfti C12MOOm the te=b*r pftpam the envisonmeA diracts die ac"ty,
and OEM the child stimulation. Howem. it is tha child who karns and is motivated from
wi&n dwough thc worl itser ATTACHMENT 3
File No. CU-94-93
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OCZ-30-90 22:34A Real PropmrZy AssoclaZes 206 670 6927 P.03
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