CU-09-22 Hearing Examiner Decision.pdfr-r�C lgg"
CITY OF EDMONDS GARY HAAKENSON
MAYOR
121 5TH AVENUE NORTH - Edmonds, WA 98020 - (425) 771-0220 - FAX (425) 771-0221
HEARING EXAMINER
In the Matter of the Application of ) NO. CU -2009-22
Amelia Nossum, on behalf of )
Edmonds Lutheran Church ) FINDINGS, CONCLUSIONS,
AND DECISION
For a Conditional Use Permit )
SUMMARY OF DECISION
The request for a conditional use permit (CUP) to remove the minimum age requirement
established by previously granted CUP -2007-66 in order to allow an existing preschool to serve
children as young as one month of age within existing structures of the Edmonds Lutheran
Church at 23525 — 84" Avenue West in Edmonds is GRANTED, subject to conditions.
SUMMARY OF RECORD
Visa:
Amelia Nossum, on behalf of the Edmonds Lutheran. Church (Applicant), requested a CUP to
remove the minimum age requirement established under the existing preschool's previously
granted CUP. The proposal would not increase the number of children served, but would expand
the age range. The preschool operates within the existing structure of the Edmonds Lutheran
Church in a Single -Family Residential zone (RS -8) located at 23525 — 84* Avenue West, in
Edmonds, Washington.
Hearing
_Date:
The City of Edmonds Hearing Examiner conducted an open record hearing on the request on
June 18, 2009.
Testimony:
At the open record hearing, the following individuals presented testimony under oath:
1. Jen Machuga, Planner, City of Edmonds
2. Amelia Nossum, Applicant Representative
Exhibits:
At the open record hearing the following exhibits were admitted into the record:
Exhibit 1 City of Edmonds Planning Division Staff Report, dated June 10, 2009, with the
following attachments:
Attachment I Land Use Application
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Edmonds Lutheran Church CUP, No. CU -2009-22 page I of 7
• Incorporated August 11, 1890 •
Sister City - Hekinan, Japan
Attachment 2
Applicant's Criteria Statement, received April 22, 2009
Attachment 3
Floor Plan
Attachment 4
Portion of Site Plan for Subject Property
Attachment 5
Photographs Provided by Applicant
Attachment 6
Criteria Statement Addendum, slated May 22, 2009
Attachment 7
Criteria Statement #3, dated May 31, 2009
Attachment 8
Staff Request for Additional Information, dated May 18, 2009
Attachment 9
Memo from Engineering Division
Attachment 10
Approved Traffic Impact Analysis 'Worksheet, dated received
June 2, 2009
Attachment 11
Public Works Department Comments
Attachment 12
Parks and Recreation Department Comments
Attachment 13
Building Division Comments
Attachment 14
Fire Department Continents
Attachment 15
Notice of Application
Attachment 16
Affidavits of Posting, Mailing, and Publication for Notice of
Application
Attachment 17
Notice of Hearing
Attachment 18
Affidavits of Posting and Mailing for Notice of Hearing
Attachment 19
Hearing Examiner Decision for File No. CU -2007-66
Attachment 20
Site Plan from 2001 Building Permit Application
Attachment 21
Parking Calculation Memo
Upon consideration of the testimony and exhibits submitted at the open record hearing, the
Hearing Examiner enters the following findings and conclusions:
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Edmonds Lutheran Church CUP, No. CU -2009-22 page 2 of 7
FINDINGS
1. The Applicant requested a CUP to amend the existing conditional use permit (CU -2007-
66) authorizing the operation of an existing preschool at the Edmonds Lutheran Church.
The site is located in a Single -Family Residential zone (RS -8) at 23525 — 80 Avenue
West, in Edmonds, Washington. Churches are permitted outright in the RS -8 zoning
district, and family daycare is permitted out right as a secondary use in residential
structures. The existing CUP permits the preschool to serve up to 30 children over the
age of two and one-half years, Monday through Friday, 7:00 am to 6:00 pm. The
proposal would remove the minimum age restriction of the existing permit. Exhibit 1,
page 1; Exhibit 1, Attachments 1 and 2, Testimony of Ms. Machuga.
2. The CUP application was submitted on April 22, 2009 and deemed complete on the same
day. Additional information subsequently requested by the City of Edmonds
Development Services Department Planning Staff (Stam) was timely submitted by the
Applicant. Exhibit 1, page 2; Exhibits 6, 7, S, and 10.
3. The site is located at the northeast corner of the intersection of 84h Avenue W and 236th
Avenue SW. The western two-thirds of the 4.44 -acre subject property have an RS -8
zoning designation, while the eastern one-third is zoned Multiple Residential (RM -1.5).
The existing church and day care facilities are located wholly within the RS -8 -zoned
area. Exhibit 1, pages 2-3,.5, Testimony of Ms. Machuga.
4. Preschools are permitted as secondary uses in the RS -8 zone upon conditional use permit
approval. ECDC 16.20.OI0.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 provides 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 the 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 -2009-22 page 3 of 7
B.5.c. Stable property values must not be threatened by view,
traffic or land use encroachments.
B.5.d. Private property must be protected from adverse
environmental impacts of development including noise,
drainage, traffic, slides, etc.
Exhibit 1, page 4; 2008 Comprehensive Plan, page 54.
7. The instant proposal would change only one feature of the approved CUP -2007-66. It
would remove the minimum age restriction established by condition 2 on page 7 of the
existing permit. Condition 2 prohibited the preschool from serving children under the
age of 2.5 years, It was based on comments submitted by the Fire Marshall, as stated in
funding number 11, which indicated that "the proposed site plan would be satisfactory if
two conditions were [met]: the preschool may not serve children under 2.5 years of age
and [... ] the occupant load for the preschool may not exceed 50 persons unless the
facility were retrofitted with automatic fire sprinklers" Exhibit 1, Attachment 1; Exhibit
1, Attachment 19, CUP -2007-66, page 5.
8. The Fire Marshall's comments in the previous CUP review (CUP -2007-66) noted that
children younger than 2.5 years could be cared for on-site if a change of use permit were
reviewed, allowing the City an opportunity to ensure facilities satisfied fire and building
code requirements. Associated with the instant CUP application, the Applicant submitted
a change of use application addressing the change in the use of part of the existing
structure from library to day care (BLD20090227). Review of the change of use permit
would provide the City with the opportunity to ensure the facilities proposed for day care
comply with building and fire code requirements specific to the care of children under 2.5
years old. Exhibit 1, page 8, Testimony of Ms. Machuga, Testimony of Ms. Nossum;
Exhibit 2, Attachment 2.
9.. The proposal would not change the number of children the preschool is authorized to
provide care for. There would be no increase in traffic to the site or parking demand on-
site as a result of the requested amendment. No change to the approved hours of
operation is proposed. The proposal would not result in any overlap of day care and
church services. Exhibit 1, page 6; Exhibit 1, Attachment 6; Testimony of Ms. Machuga,
10. No exterior alterations are proposed to the existing structures. In the original application
for conditional use amendment, the Applicant indicated that some interior remodeling
was proposed, including installation of two sinks. According to the Applicant
representative who appeared at hearing, sink installation has been postponed. Only new
paint, new flooring, and a portable sink are currently proposed. Exhibit 1, page 1;
Exhibit 1, Attachment 1; Testimony of Ms. Nossum.
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Edmonds Lutheran Church CUP., Na CU -2009-22
page 4 of 7
11. The City's Technical Committee, comprised of the Engineering Division, the Building
Division, and the Fire, Parks and Recreation, and Public Works Departments, reviewed
the proposal. The City Engineering Division requested a traffic impact worksheet be
completed by the Applicant to determine whether the proposal would result in traffic
impacts. The Applicant submitted the requested worksheet and Engineering determined
the proposal would not result in increased trip generation. Exhibit 1, Attachments 9 and
10; Testimony of Ms. Machuga.
12. The Public Works and Parks Departments reviewed the application and determined the
proposal would not result in issues overseen by their various departments. Exhibit 1,
Attachments 11 and 12.
13. The Fire Department submitted a comment indicating that review of the proposal would
be accomplished at time of building permit review. Exhibit 1, Attachment 14. Despite
the fact that no remodel is currently proposed, the Applicant must still receive change in
use approval from the City to convert the library to day care for infants. Review of the
change of use application would include compliance with building and fire code
requirements. Testimony of Ms. Machuga; Testimony of Ms. Nossum.
14. The proposed conditional use involves no construction. It is exempt from review
pursuant to the State Environmental Policy Act (SEPA). Exhibit 1, page 2.
15. Notice of application was posted on-site, mailed to neighboring property owners within
300 feet, and published in The Herald on May 6, 2409. Notice of public hearing was
published, posted, and mailed on June 4, 2009, consistent with the notice provisions of
Edmonds Community Development Code (ECDC) 2091. Exhibit 1, page 2, Exhibit 1,
Attachments 15, 16, 17, and 18; Exhibit 2, Testimony ofMs Machuga.
16. Approval of CUP -2007-66 was personal to the Applicant and does run with the land. The
instant proposal did not seek to amend this feature of the existing approval. Staff opined
that characteristics of day care facilities can vary widely and that it would not be
appropriate for CUP approval to run with the land. Exhibit 1, pages 7-8.
17. 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 as discussed at the public hearing. Exhibit 1, page
8, Testimony of Ms. Machuga Testimony of Ms Nossum.
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.
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Edmonds Lutheran Church CUP, No CU -2009-22
Page 5 o 7
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 pian;
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. The requested change of the ages of children served at the facility would have no impact
on residential privacy, would not increase traffic, would not impact property values, and
would not result in environmental or development impacts. With conditions, the
proposed use would be consistent with applicable City of Edmonds Comprehensive Plan
goals and policies for the "Single Family Urban -l" land use designation. Findings Nos,
1, 5, 6, and 7.
2. Preschools are allowed as secondary uses in the RS -8 zone with conditional use, approval.
The proposed removal of the minimum age of children to be served at the facility would
not be inconsistent with the purposes of the zoning district. No structural changes are
proposed inside or outside the building. Conditions of approval would ensure that the
Applicant complies with fire code standards by undergoing change of use permit review.
Findings Nos. 1, 4, 7, 8, 10, and 13.
3. As conditioned, the proposal would not be detrimental to the public health, safety, or
welfare, and would not have adverse impacts on surrounding uses. There would be no
increase in student capacity, daily traffic, or parking demand as a result of approval.
Conditions of approval would prevent the preschool and worship uses on-site from
overlapping, avoiding parking deficiencies. Conditions of the existing permit also limit
student capacity to 30 children maximum and require new conditional use review to
increase the number of children served. Findings Nos. 1, 10, 13, and 17.
4. The CUP would not be transferable to future owners of the subject property. Finding no.
16.
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Edmonds Lutheran Church CUP, No. CU -2009-22 page 6 of 7
DECISION
Based on the preceding findings and conclusions, the request to remove the minimum age
restriction from the existing conditional use permit (CUP -2007-66) which authorizes operation
of a preschool within the existing structure of the Edmonds Lutheran Church at 23525 -- 80
Avenue Nest, in Edmonds is GRANTED, subject to the following conditions:
I . The Applicant shall limit the preschool's days of operation to Monday through Friday,
and hours of preschool operation shall not overlap with hours of worship services unless
the Applicant can demonstrate to the satisfaction of the Development Services Director
that adequate parking is available for both uses simultaneously on-site.
2. Enrollment in the preschool shall not exceed 30 children.
3. The permit shall be personal to Edmonds Lutheran Church and its successors and shall
not run with the land.
4. The Applicant shall obtain all necessary building permit approvals and inspections prior
to serving children younger than 2 lz years of age.
5. This application is subject to the applicable requirements contained in the Edmonds
Community Development Code (ECDC) and it is the responsibility of the Applicant to
ensure compliance with the various .provisions contained in these ordinances.
DECIDED this 2°d day of July 2009.
Findings, Conclusions, and Decision
City of Edmonds hearing Examiner
Edmonds Lutheran Church. CUP, No. CU -200912
Toweill Rice Taylor LLC
City of Edmonds Hearing Examiners
By:
Sharon A. Rice
page. 7 of 7
r,oc.189v
CITY OF E D M O N D S GARY HAAKENSON
MAYOR
121 5TH AVENUE NORTH • Edmonds, WA 98020 • (425) 771-0220 • FAX (425) 771-0221
HEARING EXAMINER
RECONSIDERATION AND APPEAL
The following is a summary of the deadlines and procedures for filing requests for
reconsideration and appeals. An person wishing to file or res and to a request for
reconsideration or an Meal should consult the relevant ordinances and/or contact the Plannin
Division of the Development Services De artment for further procedural information.
REQUEST FOR RECONSIDERATION
Section 20.06.010 of the Edmonds Community Development Code (ECDC) contains the
procedures for requesting reconsideration of a Hearing Examiner decision. Requests for
reconsideration must be filed with the. City Planning Director within 10 calendar days of the
Hearing Examiner's decision. The filing deadline is 4:30 p.m. on the last business day of the
reconsideration period. Only parties of record (Le., the applicant, any person who testified at the
open record hearing on the application, any person who individually submitted written comments
on the application, or the City of Edmonds) may file a request for reconsideration. The grounds
for reconsideration are limited to errors of procedure, errors of law or fact, errors of judgment, or
the discovery of new evidence that was not known and could not in the exercise of reasonable
diligence have been discovered. Reconsideration requests must contain the information specified
in ECDC 20.06.010(D) and be accompanied by the required filing fee.
APPEALS
Pursuant to ECDC 20.05.020(B) and ECDC 20.07.006, appeals of a decision of the Hearing
Examiner on conditional use permit applications are to superior court in accordance with the
Land Use Petition Act (RCW 36.70C). Appeals must be filed within 21 days of decision
issuance. Filing a request for reconsideration is not a prerequisite to filing an appeal.
EFFECT OF REQUEST FOR RECONSIDERATION ON APPEAL DEADLINE
The timely filing of a request for reconsideration stays the Hearing Examiner's decision until
such time that the Hearing Examiner issues a decision on reconsideration, and any judicial
appeal must be filed within 21 days of the decision on reconsideration.
LAPSE OF APPROVAL
Section 20.05.020(C) of the ECDC states: "Time Limit. Unless the owner obtains a building
permit, or if no building permit is required, substantially commences the use allowed within one
year from the date of approval, the conditional use permit shall expire .and be null and void,
unless the owner files an application for an extension of the time before the expiration date."
NOTICE TO COUNTY ASSESSOR
The property owner may, as a result of the decision rendered by the Hearing Examiner, request a
change in the valuation of the property by the Snohomish County Assessors Office.
Incorporated August 11, 1890
Sister City - Hekinan, Japan
rbc 1$°Iv
CITY OF EDMONDS
121 5TH AVENUE NORTH - Edmonds, WA 98020 • (425) 771-0220 - FAX (425) 771-0221
HEARING EXAMINER
OFFICE OF THE HEARING EXAM1MR
CITY OF EDMONDS, WASMNGTON
Applicant )
Amelia Nossum, on behalf of ) Case No. CU -2009-22
Edmonds Lutheran Church Preschool )
For a Conditional Use Permit ) DECLARATION OF SERVICE
I, Sharon A. Rice, the undersigned, do hereby declare:
GARY HAAKENSON
MAYOR
That I am a partner in the firm of Toweill Rice 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; and that I am 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; and that on duly
1, 2009 I served a copy of the decision in case CU -2009-22 upon the following individuals at the
addresses below by first class US Mail:
Amelia Nossum
4703 — 185t' Place SW
Lynnwood, WA 98037
Edmonds Lutheran Church
23525 — 84`h Ave. W.
Edmonds, WA 98026
Amelia Nossum.
23525 — 80 Ave. W.
Edmonds, WA 98026
City of Edmonds Planning Division
121 Fifth Avenue North, First Floor
Edmonds, WA 9.8020
Clerk of the Edmonds City Council
121 Fifth Avenue North, First Floor
Edmonds, WA 98020
I hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is
true and correct, this I" day of July 2009 at Edmonds, Washington.
Sharon A. Rice, Toweill Rice Taylor LLC
' Incorporated August L1, 1890 •
Sister City - Hekinan, Japan