CU-07-66 HE Decision.pdf-1 "1C.189v
CITY OF EDMONDS
121 STH AVENUE NORTH • Edmonds, WA 98020 • (425) 771-0220 • FAX (425) 771-0221
HEARING EXAMINER
In the Matter of the Application of )
Mary Sheldahl, on behalf of )
Edmonds Lutheran Church )
For a Conditional Use Permit )
NO. CU -2007-66
FINDINGS, CONCLUSIONS,
AND DECISION
GARY HAAKENSON
MAYOR
SUMMARY OF DECISION
The request for a conditional use permit (CUP) to expand an existing preschool within the
existing structure of the Edmonds Lutheran Church in a Single -Family Residential zone (RS -8)
located at 23525 — 80 Avenue West, in Edmonds is GRANTED, subject to conditions.
SUMMARY OF RECORD
Request:
Mary Sheidahl, on behalf of the Edmonds Lutheran Church (Applicant), requested a CUP to
expand an existing preschool within the existing structure of the Edmonds Lutheran Church in a
Single -Family Residential zone (RS -8) located at 23525 — 80 Avenue West, in Edmonds,
Washington.
Hearing Date:
The City of Edmonds Hearing Examiner conducted an open record hearing on the request on
January 3, 2008. The Hearing Examiner conducted a site view prior to the hearing.
Testimony:
At the open record hearing, the following individuals presented testimony under oath:
1. Jen Machuga, Planner, City of Edmonds
2. Herman Siqueland, Applicant Representative
3. Mary Sheldahl, Applicant
4. Alvin Rutledge
Exhibits:
At the open record hearing the following exhibits were admitted into the record:
Exhibit 1 City of Edmonds Planning Division Staff Report, dated December 20, 2007, with
the following attachments:
Attachment 1 Land Use Application
ORIGINAL
Findings, Conclusions, and Decision
City of Edinonds Hearing Examiner
Edmonds Lutheran Church CUP, No. CU -2007-66 page 1 of 7
• Incorporated August 11, 1890 •
Sister City - Hekinan, Japan
Attachment 2 Zoning and Vicinity Map
Attachment 3 Description of Proposed Use
Attachment 4 Portion of Site Plan for Subject Property
Attachment S Applicant's Response to Request for Additional Information
and Floor Plan
Attachment 6
Criteria Statement
Attachment 7
Letter of Complete Application
Attachment 8
Notice of Application and Hearing
Attachment 9
Affidavit of Posting
Attachment 10 Affidavit of Mailing
Attachment 11 Memo with Initial Project Comments from Fire Marshal John
Westfall
Attachment 12 Memo with Final Project Comments from Fire Marshal John
Westfall
Attachment 13 Site Plan from 2001 Building Permit Application
Attachment 14 Parking Calculation Memo
Attachment 15 Email Regarding Business License Requirements
Exhibit 2 Memorandum from City of Edmonds Transportation Engineer, Bertrand Hauss,
dated January 3, 2008
Exhibit 3 Affidavit of Publication
Exhibit 4 Color print out of Applicant's power point presentation, including photographs of
site and existing preschool use
Upon consideration of the testimony and exhibits submitted at the open record hearing, the
Hearing Examiner enters the following Findings and Conclusions:
FINDINGS
1. The Applicant requested a CUP to expand an existing preschool within the existing
structure of the Edmonds Lutheran Church. The site is located in a Single -Family
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Edmonds Lutheran Church CUP, No. CU -2007-66
page 2 of 7
Residential zone (RS -8) at 23525 -- 84h Avenue West, in Edmonds, Washington.'
Churches are permitted out right in the RS -8 zoning district, and family daycare is
permitted out right as a secondary use in residential structures. The existing preschool
operates as a "family daycare" serving 12 children; it is open four hours a day on
weekdays only. Exhibit 1, page 1; Exhibit 1, Attachments I and 3; Testimony of Ms.
Machuga.
2. The CUP application was submitted on August 3, 2007 and deemed complete on
December 4, 2007 after the Applicant submitted additional required materials. Exhibit 1,
page 2.
3. The 4.44 -acre subject property is on the northeast corner of the intersection of 84`h
Avenue W and 236'h Avenue SW. The western two-thirds of the subject property have
an RS -8 zoning designation, while the eastern one-third is zoned Multiple Residential
(RM -1.5). The portion of the site that contains the existing church and day care facilities
is located wholly within the RS -8 -zoned area. The instant application was reviewed for
compliance with the RS -8 zoning standards only. Exhibit 1, page 2; Testimony of Ms.
Machuga.
4. The purposes of the RS zones are: to reserve and regulate areas primarily for family
living in single-family dwellings; and to provide for additional nonresidential uses which
complement and are compatible with single-family dwelling use. Edmonds Community
Development Code (ECDQ 16.20.000. Preschools are permitted as secondary uses in the
RS -8 zone upon conditional use permit approval. ECDC 16.20.0IO.D.1.
5. Surrounding development includes: single-family residential development to the north
and west; multi -family residential development (apartments) to the east and south; and a
shopping center to the south, located on a parcel with a General Commercial zoning
designation. The existing Edmonds Lutheran Church serves as a transition between the
less intensive single-family development and the more intensive multi -family and
commercial development in the immediate vicinity. Exhibit 1, page 3: see especially the
Neighborhood Characteristics map inset.
6. The Comprehensive Plan designation for the western portion of the site is "Single -Family
Urban 1", and the eastern portion of the site is designated "Highway 99 Corridor". The
proposed use must be found to be consistent with the applicable goals and policies of.the
Comprehensive Plan, below.
B.5. Protect residential areas from incompatible land uses through the careful
control of other types of development and expansion based upon rhe following:
B.5.a Residential privacy is a fundamental protection to be
upheld by local government.
' The subject property is known as Tax Parcel Numbers 00576700002508 and 00576700002509. Exhibit 1, page 1.
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Edmonds Lutheran Church CUP, No. CU -2007-66
page 3 of 7
B.5. b. Trak not directly accessing residences in a
neighborhood must be discouraged.
B.5.c. Stable property values must not be threatened by view,
traffic or land use encroachments.
B. S. d Private property must be protected from adverse
environmental impacts of development including noise,
drainage, traffic, slides, etc.
Exhibit 1, page 4, 2006 Comprehensive Plan, page 56; Testimony of Ms. Machuga.
7. The Applicant requested conditional use approval to increase student capacity up to 20
students and to :increase operating hours to 7:00 am to 6:00 pm. As proposed, the
preschool would offer two options for participation to families: a morning "core"
curriculum and an extended afternoon preschool session. The Applicant anticipates that
only a fraction of students would attend both sessions. No additional construction is
proposed; the conditional use would be conducted entirely within the existing structures
on-site. The area proposed for use includes an 800 -square foot schoolroom area in a
building adjacent to the south parking lot. Students would use the adjacent restrooms and
possibly another small (less than 200 square feet) room in the adjacent fellowship hall.
Exhibit 1, page 6, Exhibit 1, Attachments 1, 3, and 5; Testimony of Mr. Siqueland;
Testimony of Ms. Sheldahl.
8. The CUP application requested approval for a maximum of 20 students. At hearing, the
Applicant requested that the permit be approved for up to 30 students, in order to allow
for modest fixture growth. Exhibit 1, Attachment 1; Testimony of Mr. Siqueland;
Testimony ofMs. Sheldahl.
9. The subject property was reviewed for critical areas during a church expansion project in
1999 and no critical areas were found on-site at that time. Because the present proposal
includes no exterior alterations, the application is not subject to critical areas review.
Exhibit 1, page 3, Testimony of Ms. Machuga.
10, The City's parking regulations require preschools and daycares to provide either one off-
street parking space per 300 feet of indoor floor space or one off-street parking space per
employee plus one space per five students, whichever number is greater. The Applicant
indicated that a maximum of six staff would be employed at the daycare, and with a
maximum student capacity of 30 students, a total of 12 off-street parking spaces would be
required. The church has a minimum of 72 existing off-street parking spaces. Church
services occur on Sundays only and the church parking spaces would all be available for
preschool use. A small parking immediately adjacent to the preschool, off of 23e Street
SW, contains ten parking spaces. Additional parking is available on the other side of the
fellowship hall. Exhibit 1, page 6; Testimony of Mr. Siqueland; Testimony of Ms.
Machuga; Exhibit 4.
Findings, Conclusions and .Decision
City of Edmonds Hearing Examiner
Edmonds Lutheran Church CUP, No. CU -2007-66
page 4 of 7
11. The City's Technical Committee, comprised of the Engineering Division and the Fire,
Parks and Recreation, and Public Works Departments, reviewed the proposal The Fire
Marshal's comments indicated that the proposed site plan would be satisfactory if two
conditions were adhered to: the preschool may not serve children younger than 2.5 years
of age and that the occupant load for the preschool may not exceed 50 persons unless the
facility were retrofitted with automatic fire sprinklers. Exhibit 1, pages 2-3; Exhibit 1,
Attachments 11 and 12.
12. The City Engineering Division reviewed the proposal for possible traffic impacts to the
public roads surrounding the proposed use. A City Transportation Engineer determined
that no traffic impact analysis was required for the proposed preschool expansion,
because no structural changes are proposed and because the increase in student traffic
would be minimal. Exhibit 2. The Engineering Division reviewed the proposal for a
maximum of 20 students, which would have added only S new students to the existing
use. At hearing, the Applicant requested that the use be approved for up to 30 students,
which would add 18 students to the existing use. Planning Staff opined that 18 new
vehicle trips would remain a negligible increase in traffic given the site's proximity to the
Highway 99 corridor. Staffs opinion was based, in part, on the fact that the
Transportation Engineer indicated that structural changes would potentially trigger a
traffic study, and no structural changes would be necessitated by the increase to a
maximum capacity of 30 students. Testimony of Ms. Machuga.
13. The proposed conditional use, which involves no construction, is exempt from review
pursuant to the State Environmental Policy Act (SEPA). Exhibit 1, page 2, Testimony of
Ms. Machuga.
14. Notice of application and public hearing was posted on-site, mailed to neighboring
property owners within 300 feet, and published in The Herald on December 13, 2007,
consistent with the notice provisions of Edmonds Community Development Code
(ECDC) 20.91. Exhibit 1, page 2, Exhibit 1, Attachments 8, 9, and 10, Testimony of Ms.
Machuga.
15. The Applicant requested that CUP approval, if granted, be personal to the Applicant and
not run with the land. Exhibit 1, page 7.
16. City staff reviewed the CUP application and recommended approval, subject to
conditions. The Applicant concurred with the City's analysis and agreed to the
recommended conditions of approval, with the inclusion of the increase in maximum
student capacity to 30 students as discussed at the public hearing. Exhibit 1, page 8;
Testimony of Ms. Machuga,- Testimony of Mr. Siqueland.
17. Public comment offered at hearing consisted of encouragement to the Applicant to
maintain awareness of the local crime watch report, for the safety of participants in the
proposed preschool. Testimony of Mr. Rutledge.
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Edmonds Lutheran Church CUP, No. CU -2007-66
page 5 of 7
CONCLUSIONS
Jurisdiction:
The Hearing Examiner has jurisdiction to hear and decide CUP requests pursuant to ECDC
20.100.010.A.3 and 20.05.010.
Criteria for Review:
Pursuant to ECDC 20.05.010, the Hearing Examiner may not approve a CUP unless the
following findings can be made:
A. That the proposed use is consistent with the comprehensive plan;
B. Zoning Ordinance. That the proposed use, and its location, is consistent with
the purposes of the zoning ordinance and the purposes of the zoning district in
which the use is to be located, and that the proposed use will meet all
applicable requirements of the zoning ordinance;
C. 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;
and
D. Transferability. The hearing examiner shall determine whether the
conditional use permit shall run with the land or shall be personal.
Conclusions Based on Findings:
1. As conditioned, the proposed use would be consistent with applicable City of Edmonds
Comprehensive Plan goals and policies for the "Single Family Urban -1" land use
designation. Expansion of the existing preschool would not alter the way the use serves
as a transition between the nearby multi -family and commercial zoning and development.
Findings Nos. 1, 3, S, 6, and 7.
2. The proposed expanded preschool in the existing church is consistent with the purposes
of the RS -8 zoning district. Preschools are allowed as secondary uses with conditional
use approval. No structural changes are proposed inside or outside the building.
Compliance with fire code standards would be required by conditions of permit approval.
Findings Nos. 4, 5, 7, and IL
3. As conditioned, the proposed use would not be detrimental to the public health, safety, or
welfare, and would not have adverse impacts on surrounding uses. The increase in
student capacity and daily traffic would be barely detectable by surrounding uses.
Conditions of approval would ensure that the preschool and worship uses on-site do not
overlap, preventing parking deficiencies. Conditions of approval would ensure that
preschool student capacity is limited to 30 students and that any additional expansion of
the proposed use would require new review. Findings Nos. 10, 11, 12, and 16.
4. The CUP would not be transferable to future owners of the subject property.
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Edmonds Lutheran Church CUP, No. CU -2007.66 page 6 of 7
DECISION
Based on the preceding Findings and Conclusions, the request for a CUP to expand an existing
preschool within the existing structure of the Edmonds Lutheran Church in a Single -Family
Residential zone (RS -8) located at 23525 — 80 Avenue West, in Edmonds is GRANTED,
subject to the following conditions:
1. The preschool's days of operation are restricted to Monday through Friday.
2. The preschool shall not serve children younger than 2 `h years of age.
3. Enrollment in the preschool shall not exceed 30 children.
4. Any alteration or further expansion of the existing preschool would require new review
for conditional use approval, which may include traffic impact analysis.
5. The permit shall be personal to Edmonds Lutheran Church and shall not run with the
land.
6. This application is subject to the applicable requirements contained in the Edmonds
Community Development Code and it is the responsibility of the Applicant to ensure
compliance with the various provisions contained in these ordinances.
DECIDED this I!" day of January 2008.
Findings, Conclusions, and Decision
City of Edmon& Hearing Examiner
Edmonds Lutheran Church CUP, No. CU -200..7-66
Toweill Rice Taylor LLC
City of Edmonds Hearing Examiners
By:
Sharon A. Rice
page 7 of 7
IAC. 18gv
CITY OF EDMONDS
121 5TH AVENUE NORTH • Edmonds, WA 98020 • (425) 771-0220 • FAX (425) 771-0221
HEARING EXAMINER
OFFICE OF THE HEARING EXAMINER
CITY OF EDMONDS, WASHINGTON
APPLICANT, }
}
Edmonds Lutheran Church }
For a Variance
I, Sharon A. Rice, the undersigned, do hereby declare:
Case No. CU -2007-66
DECLARATION OF SERVICE
GARY HAAKENSON
MAYOR
1. That I am a partner in the firm of Toweill Dice Taylor LLC, which maintains a professional
services agreement with the City of Edmonds, Washington for the provision of Hearing Examiner
services, and make this declaration in that capacity,
2. That I arn now and at all times herein mentioned have been a citizen of the United States, a
resident of the State of Washington, over the age of eighteen (18), and competent to be a witness
and make service herein;
3. That on January 16, 2008 I did serve a copy of the decision in case CU -2007-66 upon the
following individuals at the addresses below by first class US Mail.
Edmonds Lutheran Church/Mary Sheldahl
23525 — W Avenue W
Edmonds, WA 98026
Clerk of the Edmonds City Council
121 Fifth Avenue North, First Floor
Edmonds, WA 98020
Rob Chave, Planning Manager
City of Edmonds
121-- 5th Avenue North
Edmonds, WA 98020
Herman Sicueland
7823 —175 Street SW
Edmonds, WA 98026
Alvin Rutledge
7101 Lake Ballinger Way
Edmonds, WA 98026
I hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is
true and correct:
DATED THIS i day of 2007 Washington.
Sharon A. Rice
Toweill Rice Taylor LLC
Serving as Hearing Examiner for Edmonds, Washington
Incorporated August 11, 1890
Sister City - Hekinan, Japan