CU-08-3 Staff Report.pdf
PLANNING DIVISION
REPORT & RECOMMENDATION TO THE HEARING EXAMINER
Project:
Olympic View Water & Sewer District Conditional Use Permit
File Number:
CU-2008-3
Date of Report:
May 28, 2008
Planner:
____________________________
Kathleen Taylor
Public Hearing:
June 5, 2008 at 3:00 P.M.
Edmonds Public Safety Complex: Council Chambers
th
250 5 Avenue North, Edmonds WA 98020
I.
SUMMARY OF PROPOSED ACTION:
local public facility
The Olympic View Water & Sewer District (applicant) is considered to be a
local public facility
as defined by Edmonds Community Development Code 21.55.070. A is an
allowable use within the Multiple Residential RM-1.5 zone where it is located, subject to
approval of a conditional use permit. The facility was originally approved with a conditional use
permit, under Snohomish County jurisdiction. The property was annexed to the City of Edmonds
in 1994, so it is now subject to the requirements of the Edmonds Community Development Code.
Currently two building are located on site Î one functions as an office building. The applicant
will be moving their offices to an alternate location. In doing so, they are proposing to demolish
the existing office building on-site, and convert the existing building, so the entire site can
function as a new Equipment and Materials Center. The center will require both indoor and
outdoor storage. Refer to a detail of their proposal in Exhibits 4 and 11.
The following is staffÓs analysis of the project.
II.
GENERAL INFORMATION:
Request:
A conditional use permit for changes to an existing local public facility at 23725
1.
Edmonds Way. Specifically the site will function as an equipment and materials center for
the Olympic View Water and Sewer District, requiring indoor and outdoor storage.
Review Process:
Conditional Use Permit Î the Hearing Examiner conducts a public hearing
2.
and makes the final decision.
Exhibit 1
CU-2008-3
Olympic View Water & Sewer District CUP: 23725 Edmonds Way
File Number: CU-2008-3
Major Issues:
3.
a.
Compliance with ECDC 16.30 (RM Î Multiple Residential).
b.
Compliance with ECDC 21.55.070 (Local Public Facilities).
c.
Compliance with ECDC 17.100 (Community Facilities).
d.
Compliance with ECDC 20.11 (General Design Review).
e.
Compliance with ECDC 17.50 (Off Street Parking Requirements).
f.
Compliance with ECDC 20.05 (Conditional Use Permits).
Owner:
Olympic View Water & Sewer District (Exhibit 3).
4.
Applicant:
Olympic View Water & Sewer District (Exhibit 3).
5.
Agent:
Shockey Brent Inc.
6.
Tax Parcel Number:
00 4633 003 001 00.
7.
Location:
23725 Edmonds Way, Edmonds (Exhibit 2).
8.
Zoning:
Multiple Residential (RM-1.5).
9.
Acreage / Square Footage:
0.83 Acres (per Snohomish County AssessorÓs data).
10.
Proposed Use:
Local Public Facility with indoor and outdoor storage.
11.
Existing Use:
Office, specifically an administrative and operations center for Olympic View
12.
Water & Sewer District.
III.
HISTORY / BACKGROUND:
On January 17, 2008, the applicant submitted a complete land use application for a conditional
use permit to allow changes at an existing local public facility. The changes would require both
.
indoor and outdoor storage in the RM-1.5 zoneThe complete application initiated formal review
and processing as of January 17, 2008. Notice of application was issued January 30, 2008.
On February 15, 2008 a letter was sent to the applicant with a scheduled hearing date of April 3,
2008. On February 27, 2008, the applicant requested that the hearing be rescheduled. On March
5, 2008 the hearing date was changed to April 17, 2008. On March 18, 2008, the applicant
requested that the hearing be rescheduled to a date to be determined. On March 25, 2008 the
applicant informed the City that they would like the hearing rescheduled to June 5, 2008.
Hearing notices were mailed May 21, 2008. Public notices and affidavits are contained in Exhibit
10.
IV.
SEPA THRESHOLD DETERMINATION:
The application for a Conditional Use Permit requires SEPA review. The Olympic View Water
and Sewer District chose to act as the lead agency. The Environmental Checklist is contained in
Exhibit 5. The district issued a Mitigated Determination of Non-Significance. Refer to Exhibit 6.
The two mitigating measures are as follows: (1) Any grading/fill on this site will be done so as to
not impact the surrounding properties, and (2) Two existing access points along Edmonds Way
will be removed and replaced with one access.
Page 2 of 8
Olympic View Water & Sewer District CUP: 23725 Edmonds Way
File Number: CU-2008-3
One comment was received by the district. Refer to Exhibit7. The comments were related to
concern about increased traffic and safety along Edmonds Way. The applicant submitted a
Traffic Impact Analysis with the Environmental Checklist. It states that the change of use for the
site will actually decrease the total daily trips to and from the site. It also states that the existing
two access points will be reduced to one. According to the report, the proposed access relocation
will Ðreduce potential conflict points.Ñ
V.
PUBLIC HEARING NOTICE:
A ÐNotice of ApplicationÑ and a ÐNotice of HearingÑ were published in the Herald Newspaper,
posted at the subject site, as well as the Public Safety Complex, Community Development
Department, and the Library. All notices were also mailed to residents and owners within 300
feet of the site. The City has complied with the noticing provisions of ECDC 20.91 (Public
Hearings and Notice, see Exhibit 10).
VI.
TECHNICAL COMMITTEE:
This application was reviewed and evaluated by the CityÓs Fire Department, Engineering
Division, Parks and Recreation Department, and the Public Works Department. Only comments
Engineering
were received by the Engineering Division. Refer to Exhibit 9, which states, Ð
doesn’t have any additional comments or need for conditions at this time. Their proposal to
relocate the driveway further away from the intersection is better than their existing
arrangement. The number of trips in and out of the site will also reduce from the current use
.Ñ
VII.
NATURAL ENVIRONMENT:
1.Topography:
The site is relatively flat, except along the eastern property line. A topography
map is included in Exhibit 11.
2.Soils
: According to the Soil Survey of Snohomish County Area, Washington, this
neighborhood consists of McKenna gravelly silt loam, 0-8 % slopes and Alderwood Urban
land complex, 8-15% slopes.
:
3.Critical Areas
A Critical Areas Checklist was submitted under file number CRA-1998-0244
and it was determined that there are no critical areas on or adjacent to the property; therefore,
a ÐwaiverÑ from special study requirements was issued.
:
4.Wildlife
None
:
5.Vegetation
Minimal Î refer to the topography map contained in Exhibit 11.
VIII.
NEIGHBORHOOD CHARACTERISTICS:
Edmonds Way Corridor
This site is located within the . The lot northwest of the property contains
an orthodontics office and further north along Edmonds Way is a commercial property. Directly
north, east, west and south are multi-family properties. There is one single family development
th
northeast of the property. South of 238 and fronting along Edmonds Way there are additional
single family residences. There is some commercial zoning where the commercial properties
exist, but the majority of the surrounding properties are zoned multiple residential. Refer to the
zoning map contained in Exhibit 2.
Page 3 of 8
Olympic View Water & Sewer District CUP: 23725 Edmonds Way
File Number: CU-2008-3
IX.
COMPREHENSIVE PLAN:
“Edmonds Way Corridor.”
The Comprehensive Plan designation for this site is The City of
Edmonds Comprehensive Plan has specific goals and policies for this area, as indicated on pages
59-60. The plan also has goals and policies contained within the Utilities Element on pages 82-
84.
Goals for the Edmonds Way Corridor. The Edmonds Way Corridor consists of portions of
Edmonds Way between the 100th Avenue West intersection and Highway 99. This corridor serves
as a key transportation corridor, and also provides a key link between Edmonds and Interstate 5.
Established residential areas lie on both sides of the corridor. An established pattern of multiple
family residential development lies along much of the corridor, while small-scale businesses can
be found primarily near intersections. A major concern is that the more intensive development
that occurs along the corridor should not interfere with the flow of through traffic or intrude into
adjoining established communities.
Policy F.1. Permit uses in planned multiple family or small-scale business developments that are
designed to minimize contributing significantly to traffic congestion.
Policy F.4. Use design review to ensure that development provides a transition to adjacent
residential neighborhoods. For uses in transitional areas adjacent to single family
neighborhoods, use design techniques such as the modulation of facades, pitched roofs, stepped-
down building heights, multiple buildings, and landscaping to provide designs compatible with
single family development. Make use of natural topography to buffer incompatible development
whenever possible.
Utility structures should be located whenever possible with similar types of structures to minimize
impacts on surrounding neighborhoods. When such locations are not available, utility structures
should be located or sited so that they are as unobtrusive as possible and are integrated with the
design of their site and surrounding area. Free-standing structures should be discouraged when
other siting opportunities are available
2006 Comprehensive Plan, pages 59-60, 84
Since the development will require fewer trips, it is considered to be less intensive, so itÓs
potential to interfere with the flow of traffic along Edmonds Way should be reduced. Although
not under review with this application, the applicant has submitted a landscape plan. It shows
significant landscaping along Edmonds Way and the southeast corner of the property. But
improvements could definitely be made along the north and east property lines, in order to
demonstrate compliance with the above policy F.4.
X.
PUBLIC CONCERNS:
To date public comments were received from Tony Shapiro of AD Shapiro Architects. Refer to
Exhibit 8. Mr. Shapiro expressed concern about the nature of the proposal, which in his words
industrialcommercial
tends to be more ÐÑ in nature rather than .
Also refer to the SEPA comment referenced in section IV of this exhibit.
XI.
APPLICABLE CODES:
1.
ECDC 16.30 (RM-Multiple Residential)
Page 4 of 8
Olympic View Water & Sewer District CUP: 23725 Edmonds Way
File Number: CU-2008-3
“local public
Pursuant to ECDC 16.30.010C2, a conditional use permit is required for a
A.
facilitynot planned, designated, or sited in the capital improvement plansubject
requires,
to the requirements of ECDC 17.100.050
.Ñ
Development standards in the RM-1.5 zone are as follows, pursuant to ECDC 16.30.030:
B.
Minimum
Lot Area MinimumMinimumMinimum
MaximumMaximum
Zone PerStreet Side Rear
HeightCoverage
Dwelling Setback Setback Setback
Unit
Not
RM-1.5 15Ó 10Ó 15Ó 25 + 5Ó 45%
Applicable
At this time no new building are proposed at the site. If however, the applicant proposes
C.
construction of a new building at a later date, the applicant must comply with the
regulations in affect at the time of application. A street setback would be required from
Edmonds Way. The rear setback is taken from the rear lot line. Pursuant to ECDC
Rear lot line meansa line or lines which are opposite and most distant from
21.85.010, Ð
the street lot line
.Ñ The most northern property line is considered to be the rear lot line.
side
All other property lines would require a setback.
2.
ECDC 21.55.070 (Local Public Facilities)
any community facilities primarily
ECDC 21.55.070 defines local public facilities as Ð
A.
sited, designed, constructed, and operated for the purpose of providing public health,
safety and welfare services to the immediate area or neighborhood in which they are
sited. Local public facilities include, but are not limited to: police stations, fire stations,
branch libraries, bus stop shelters, electrical substations, water pump stations,
community club houses, parks and recreation special use areas, branch governmental
and administrative offices, service clubs, storage and associated maintenance buildings
and yards.
Ñ
3.
ECDC 17.100 (Community Facilities)
The purpose of this chapter is to establish reasonable
ECDC 17.100.010 states, Ð
A.
regulations and standards for the various classes of ‘community facilities’ as allowed or
conditionally permitted within the city’s zoning districts
.Ñ
local public facilities
ECDC 17.100.050 establishes the regulations for .
B.
Local public facilities
as included within chapter 17.100 is considered to be one of the
C.
community facilities
classes of .
Local public facilities that are not planned, designated,
ECDC 17.100.050A2 states, Ð
D.
and sited in the capital improvement plan shall be conditional uses in all residential
zones and allowed uses in all business and commercial zones
.Ñ
The proposal is not included in the City of Edmonds Capital Improvement Plan,
E.
accessible via http://www.ci.edmonds.wa.us/08_EngCIP_index.stm.
All exterior lighting shall be arranged and directed so as to
ECDC 17.100.050C states, Ð
F.
direct the light away from adjacent residential uses
.Ñ
Electrical substations, water/sewer pump stations,
ECDC 17.100.050D states, Ð
G.
maintenance and storage yards shall be adequately screened from adjacent residential
Page 5 of 8
Olympic View Water & Sewer District CUP: 23725 Edmonds Way
File Number: CU-2008-3
properties with a solid wall or sight-obscuring fence not less than six feet in height.
Landscaping shall be provided in accordance with Chapter 20.12 ECDC
.Ñ
Because the conditional use permit application does not include elevation views, it is
H.
difficult to determine if the proposal will be adequately screened as required by ECDC
17.100.050D.
It is also difficult to determine compliance with the exterior lighting requirements of
I.
ECDC 17.100.050C.
4.
ECDC 20.11 (General Design Review)
General Design Review is required for any new development at this site, pursuant to
A.
ECDC 20.10.020.A. However, a design review application was not submitted with the
conditional use permit application. It may be submitted at a later date, if the applicant
receives approval for the conditional use permit.
The Architectural Design Board shall review all development that requires SEPA review,
B.
pursuant to ECDC 20.11.010. Although the applicant has included a landscape plan with
their application, it is not being reviewed with this application.
5.
ECDC 17.50 (Off Street Parking Regulations)
ECDC 17.50.020C contains the parking requirements for Community Facilities. As a
A.
local public facilitycommunity facility
, it is a type of . (Refer to ECDC 17.100.) ECDC
17.50.020C10 requires 1 space per 2 employees for a maintenance yard (public or public
utility).
Maintenance yard seemed most appropriate. Refer to ECDC 17.50.030.D which states,
B.
Any use not listed above shall meet the requirements of the most similar listed use as
Ð
determined by the community development director
.Ñ
The applicant indicates that no employees will reside on-site. Employees will come
C.
intermittently to trade vehicles, pick up or drop off. Refer to page 19 of the SEPA
checklist contained in Exhibit 5.
The site plan identifies 4 parking stalls. Since no parking is required for the site, the
D.
applicant exceeds the parking requirements.
6.
ECDC 20.05 (Conditional Use Permits)
ECDC 20.05.010 contains the review and approval criteria for Conditional Use Permits.
A.
“No Conditional Use Permit may be
According to the aforementioned code section,
approved unless all of the findings in this section can be made.”
The findings are as
follows:
1.That the proposed use is consistent with the Comprehensive Plan.
2.That the proposed use, and its location, is consistent with the purposes of the zoning
ordinance and the purposes of the zone district in which the use is to be located, and
that the proposed use will meet all applicable requirements of the zoning ordinance.
3.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.
Page 6 of 8
Olympic View Water & Sewer District CUP: 23725 Edmonds Way
File Number: CU-2008-3
4.The hearing examiner shall determine whether 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 may require that it be recorded in
the form of a covenant with the Snohomish County 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.
The Applicant has submitted a Criteria Statement (Exhibit 4) but has not included a
B.
response to transferability.
XII.
CONCLUSIONS:
1.
In order to demonstrate compliance with the Comprehensive Plan, additional landscaping
should be provided along the north and east property lines. Refer to the Edmonds Way
Corridor policy F.4.
2.
The use is an allowable use subject to approval of a conditional use permit application.
3.
The completed project will function as a local public facility, as defined by 21.55.070.
4.
Although a design review application was not submitted with this application, approval of the
conditional use permit application will warrant design review pursuant to ECDC 20.10.020A.
Since the application required SEPA review, the Architectural Design Board must review the
proposal. Refer to ECDC 20.11.010.
5.
The applicant has not submitted a lighting plan to demonstrate that all exterior lighting will
not be directed onto adjacent residential uses.
6.
The applicant states that a 6-foot fence will screen the facilities, as required by ECDC
17.100.050D. However, a detail of the proposed fence has not been included with this
application.
7.
The application will comply with the parking requirements of ECDC 17.50.
8.
It does not appear that approval of the application would be significantly detrimental to the
public, but rather public safety would be somewhat improved along Edmonds Way with the
reduction of an access point.
9.
Although the applicant did not submit a statement responding to transferability, staff
recognizes that the use is unique to the property owner and recommends that the use not be
transferable.
XIII.
RECOMMENDATIONS:
APPROVAL
Based on the analysis and attachments to this report, staff recommends of the local
public facility conditional use permit with the following conditions:
1.
The applicant must increase the proposed landscaping along the northern most and eastern
property lines to act as a transition to the surrounding residential neighborhood. The
proposed landscaping shall be denser, similar to what is proposed along Edmonds Way, as
shown on the landscape plan in Exhibit 11, subject to the approval of the Architectural
Design Board. The landscaping shall act as screening in conjunction with a fence along the
perimeter of the property. Refer to Recommendation #4 listed below.
Page 7 of 8
Olympic View Water & Sewer District CUP: 23725 Edmonds Way
File Number: CU-2008-3
2.
The applicant must receive design review approval from the Architectural Design Board.
Design review must include, but shall not be limited to, an exterior lighting plan, a landscape
plan, a fence detail, and exterior elevation views.
3.
The applicant must demonstrate to the Architectural Design Board that the exterior lighting
will not be directed onto adjacent residential uses.
4.
The facilities must be adequately screened by a solid wall or sight-obscuring fence, not less
than 6 feet in height, surrounding the entire site. A chain-link fence shall not be considered
adequate screening.
5.
The owner must act on the approved Conditional Use Permit within one year from the date of
approval or the Conditional Use Permit shall expire and become null and void, unless the
owner files an application for an extension of time before the expiration and the city approves
the application. Only one one-year extension is possible.
6.
The Conditional Use Permit shall not be transferable.
XIV.
PARTIES OF RECORD:
Roger Eberhart, PE Planning Division
Olympic View Water & Sewer District Building Division
23725 Edmonds Way Engineering Division
Edmonds WA 98026
Laura S. Brent, AICP Tony Shapiro, AIA, NCARB
Shockey Brent AD Shapiro Architects
2716 Colby Ave 624 Edmonds Way
Everett WA 98201 Edmonds WA 98020
Jon Brown
th
St SW
8912 238
Edmonds WA 98026
XV.
EXHIBITS:
1.
Staff Report
2.
Zoning & Vicinity Map
3.
Land Use Application
4.
Criteria Statement
5.
Environmental Checklist (including Traffic Impact Analysis Report)
6.
Mitigated Determination of Non-Significance (MDNS)
7.
Public Comment received in response to MDNS (Letter from Jon Brown)
8.
Public Comment from Tony Shapiro
9.
Engineering Division Comments
10.
Public Notices and Affidavits
11.
Development Plans
Page 8 of 8