CU-09-38 Hearing Examiner Decision.pdf121 5TH AVENUE NORTH - Edmionds, WA 98020 - (425) 771-0220 -, FAX (425) 771-0221
HEARING EXAMINER
In the Matter of the Application of
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For a Conditional Use Permit
NO, CU -2009-38
F."101 02 oil
GARY HIAAKENSON
MAYOR
SUMMARY OF DECISION
The request for a conditional use permit (CUP) to operate a day care center for up to 49 children
in a converted single-family residence at, 665 Edmonds Way in Edmonds is GRANTED, subject
to conditions.
Request:
Jeanine and Mark Jansen, on behalf of Grow With Us Before and After School Program
(Applicant), requested a CUP to operate a day care center for up to 49 children in a converted
single-family residence at, 665 Edmonds Way in Edmonds,
Hearin
The City of Edmonds Hearing Examiner conducted an open record hearing on the request on
September 3, 2009.
Testimony.�
At the open record hearing, the following individuals presented testimony under oath:
1. Jen Machuga, Planner, City of Edmonds
1 Scott Anderson, Grow With Us Vice President, Applicant Representative
3. Alvin Rutledge
Exhibits.�
At the open record hearing the following exhibits were admitted into the record:
Exhibit I City of Edmonds Planning Division Staff Report, dated August 26, 2009, with the
following attachments:
Al. Land Use Application
A2. Zoning and Vicinity Map
A3. Comprehensive Plan Map
Findings, Conclusions, carat Decision
Ciiy ofEdinonely Hearing Examiner
Grow With Us CUP, No. CU -2009-38
Incorporaled Auqkist 11, 1890
Sister City - Hekinan, Japan
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A4. Applicant's Updated Request - Received 7124109
A5. Clarification Email from Applicant — Received 813109
A6. Applicant's Updated Criteria Statement — Received 7/24/09
AT Updated Site Plan — Received 7124/09
A8, Updated Floor Plan — Received 813/09
A9. Proposed Building Elevations
A10. Updated Traffic Impact Analysis — Received 8/6109
Al 1. Planning Division Requests for Additional Information
Al2. Letter Assigning Hearing Date
Al 3. Parks and Recreation Department Comments
A14. Public Works Department Comments
A15, Fire Department Comments
Al 6. Building Division Comments
A17. Engineering Division Comments
Alb. Adjacent Property Owners List
A19. Notice of Application
A20. Affidavits of Posting, Mailing, and Publication for Notice of Application
A21. Notice of Hearing
A22. Affidavits of Posting and Mailing for Notice of Hearing
A23. Original Application Materials — Received 6/11/09 (replaced by updated
application materials; refer to Attachments 6 through 8)
A24, Old Site Plans — Received 7/1109 and 7116/09 (replaced by updated
application materials; refer to Attachment 7)
A25, Original Traffic Impact Analysis — Received 7/1109 (replaced by updated
Traffic Impact Analysis; refer to Attachment 10)
Exhibit 2 Affidavit of Publication
Exhibit 3 Memorandum from Jeannie McConnell, dated September 3, 2009
Upon consideration of the testimony and exhibits submitted at the open record hearing, the
Hearing Examiner enters the following findings and conclusions:
FINDINGS
The Applicant requested a CUP to operate a day care center for up to 49 children in a
converted single-family residence on 0.39 acres at 665 Edmonds Way in Edmonds,
Washington.' If approved for CUP use, the existing residence would be converted to
satisfy City and State standards for child care facilities, which could entail an expansion
of the building footprint and alteration of interior rooms. All physical changes made to
the site, including modifications to the structure, parking, landscaping, and any new
structures, would be reviewed during design review and building permit applications,
The instant matter is limited in scope to the question of conditional use permission.
Exhibit 1, page 1; Exhibit 1, Attachment A4; Testimony of Ms Machuga.
' The subject property is known. as Tax Parcel Number 27032500308000. Exhibit 1, page 2.
Findings, Conclusions, and Decision
City ofEdinonds Hearing Examiner
Grow Ilrith Us CUP, No. CU -2009-38
page 2 of 8
I The CUP application, which sought permission for a day care for up to 20 children, was
submitted on June 11, 2009 and deemed complete on the same day. Additional
information subsequently requested by the City of Edmonds Development Services
Department Planning Staff (Staff) was timely submitted by the Applicant. On July 24,
2009, the Applicant amended the request to expand the capacity of the facility up to 49
children. The City's review of the application considered the expanded request for up to
49 children. Exhibit 1, page 2; Exhibit 1, Attachments A4 through A8 and All through
A17.
3. The site is located near the northeast corner of the intersection of Edmonds Way with
15th Street SW. The site is flat and contains no critical areas. It is developed with an
existing residence and typical residential landscaping. Surrounding land uses include
residential development to the east and commercial uses along Edmonds Way, including;
a gas station and a veterinary clinic. Exhibit 1, pages 3-4; Exhibit 1, Attachment A3; Site
Visit.
4. Surrounding parcels have various single-family (RS -6, RS -S, and RS -MPO, multifamily
(RM -2.4), and commercial (Neighborhood Business (BN) and Planned Business (BP)
zoning designations. The subject property is zoned BP. Exhibit 1, page 4; Exhibit 1,
Attachment Az.
The purposes of the BP zone includes the following:
A. To reserve areas for those small scale neighborhood -oriented retail stores,
offices and retail service establishments which offer goods and services
needed on an everyday basis by residents of adjacent neighborhood areas.
B. To ensure compact, convenient development patterns which provide a
transition to and do not intrude into adjacent residential neighborhoods.
C. To permit uses which allow for controlled access by arterial traffic but
which do not contribute significantly to traffic congestion.
D. To permit uses which provide for pedestrian and transit access to
development from adjacent neighborhoods.
E. To permit commercial uses which utilize site designs which allow for and
promote shared access with adjacent commercial parcels.
Edmonds Community Development Code (ECDC) 16.53.000.
6. Daycare centers are permitted in the BP zone upon conditional use permit approval.
ECDC 16.53.010. C. 7.
7. The BP zone requires structures to be setback 15 feet from streets and 15 feet from
residentially zoned adjacent properties. ECDC 16.53.020.A. The required setback from
R zoned property shall be landscaped with trees and ground cover and continuously
maintained by the owner of the BP lot. A six-foot minimum height fence, wall or dense,
continuous hedge shall be maintained in the setback. ECDC 16.53.020. C.
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Groin With Us CUP, No. CU -2009-38
page 3 of 8
8. The Comprehensive Plan designation for the western portion of the site is "Planned
Business/Neighborhood Business" and it is located within the Westgate corridor. The
proposed use must be found to be consistent with the applicable goals and policies of the
Comprehensive Plan, below:
E. Goals for the Westgate Corridor. The Westgate Corridor is generally located
between the 100th Avenue W (9th Avenue S)/Edmonds Way intersection and where
Edmonds Way turns north to enter the downtown area. By virtue of this location, this
corridor serves as both a key transportation corridor and as an entry into the
downtown. Long-established neighborhoods lie near both sides of the corridor. The
plan for this corridor is to recognize its multiple junctions by providing opportunities
for small-scale businesses while promoting compatible development that will not
intrude into established neighborhoods.
E.1. Development within the Westgate Corridor should be designed to recognize
its role as part of an entryway into Edmonds and the downtown. The overall
effect should be a corridor that resembles a landscaped boulevard and
median. Ae landscaped median along SR -104 should remain as
uninterrupted as possible in order to promote traffic flow and provide an
entry effect.
E. 2. Permit uses in planned business areas that are primarily intended to serve
the local neighborhood while not contributing significantly to traffic
congestion.
E.3. Provide for transit and pedestrian access to development.
E.4. Use design review to encourage the shared or joint use of driveways and
access points by development onto SR -104 in order to support the movement
of traffic in a safe and efficient manner. Site access shall not be provided
from residential streets unless there is no feasible alternative.
E. 5, 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.
Exhibit 1, page 4; 2008 Comprehensive Plan, pages 58-59.
9. The proposed day care center would provide care for up to 49 children from the ages of
2.5 to 12 years. Initially, the facility would serve approximately 20 school aged children
in a before and after school manner; however, they requested permission for a larger age
range and a greater number of children in anticipation of success. With the proposed
building expansion (to be reviewed by the City during building permit review), the
facility would have 832 square feet of indoor play area/gymnasium. Each of the four
classrooms would have a exit to the outside of the building. The supervision ratio would
be 1 adult to 15 children. The proposal includes 14 parking stalls, 2, 457 square feet of
landscaping, and retention of as many mature trees as possible within the landscaped
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Grow With Us CUP, No. CU -2009-38
page 4 of 8
areas. The Applicant would construct a six-foot wooden fence around the perimeter of
the site. Exhibit 1, Attachment A4; Testimony of Mr. Anderson.
10. Proposed hours of operation would be Monday through Friday 6:30 am through 6:00 pm.
Children would not play outdoors before 9:30 am in order to reduce noise impacts to
neighboring uses. Exhibit 1, Attachment A4; Testimony of Mr. Anderson_
11. Daycare centers are required to provide parking at a rate of one space per 300 square feet,
or one space per employee plus one space per five students, whichever is greater. With 49
children and four staff members, the use requires 14 parking spaces. Exhibit 1, page 6,
ECDC 17.50.020.C.8.
12. Grow With Us operates two other daycare centers in Edmonds. The hours of operation,
indoor early morning play, and fenced landscaped play areas that are proposed would
mimic those at the other facilities, which have not had neighbor complaints about noise.
Testimony ofMr. Anderson.
13. 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. Parks and Recreation and City Public Works indicated that the proposal
would not affect their departments. Exhibit 1, page 3; Exhibit 1, AttachmentsAl3 and
A14.
14. Upon review, the Fire Marshall requested further information about the ages of children
to be served and whether the property allowed emergency vehicle turn around. After
reviewing updated, final information, the Fire Marshall indicated it had no further
comments or requirements for the project. Exhibit 1, Attachment 15.
15, The City Building Division Staff submitted extensive comments regarding building
standards for the structure and fence, and they noted that a change of use/occupancy
would be required. However, compliance with building standards will be addressed
during civil engineering review and the Building Division's comments do not require
condition on the CUP. Exhibit 1, Attachment 16; Testimony of Ms. Machuga.
16. The City Engineering Division required the project to provide a circular drive access to
the site for traffic management. Engineering also required a traffic impact analysis to be
completed by the Applicant to determine whether the proposal would result in traffic
impacts. Exhibit 1, Attachment 17. The Applicant submitted a professionally prepared
traffic impact assessment (TIA). The TIA indicated that the day care center would
generate 11 new AM peak hour trip 11 new PM peak hour trips, after considering those
trips that would be "pass by trips" rather than genuinely new traffic to the area. Based on
the new vehicle trips generated, the TIA concluded the Applicants should pay traffic
impact fees in the amount of $3,910.74. Exhibit 1, AttachmentAIO. Traffic impact fees
are payable at time of building permit issuance. Testimony of Ms. Machuga, The City
Engineering Division accepted the TIA and had no further comments for the conditional
use review. Exhibit 3,
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Grow With Us CUP, No. CU -2009-38
page 5 of 8
17. The Applicant did not object to the traffic impact fees. Testimony of Mr. Anderson.
18, The site takes access from Edmonds Way, which is a main arterial. The daycare center is
not expected to change traffic volumes on smaller local access streets, because trips will
enter the site from Edmonds Way. Exhibit 1, page 5; Testimony of Ms. Machuga.
19. Planning Division Staff noted that the proposal would provide a local neighborhood
service that would act as a harmonious transition between the adjacent residential and
commercial uses. Exhibit 1, page 7; Testimony of Ms. Machuga. Planning Staff
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 Mr. Anderson.
20. The Applicant requested that the CUP, if approved, be allowed to run with the land, for
two reasons. First, the value of the business is greater if potential future purchasers do
not have the uncertainty of undergoing CUP review prior to commencing operations.
Second, if the approval runs with the land, the children and families served by the facility
would not have to find new providers in the event of a sale of the business. Testimony of
Mr. Anderson.
21. The proposed conditional use is exempt from review pursuant to the State Environmental
Policy Act (SEPA). Exhibit 1, page 2.
22. Notice of application was posted on-site, mailed to neighboring property owners within
300 feet, and published in The Herald on June 25, 2009. Notice of public hearing was
published, posted, and mailed on August 20, 2009, consistent with the notice provisions
of ECDC 20.91. Exhibit], page 2; Exhibit], Attachments A18 through A2.2; Exhibit 20-
Testimony
;Testimony ofMs Machuga.
23. At hearing, public comment was offered discouraging the imposition of the traffic impact
fee and recommending that approval, if granted, be allowed to run with the land.
Testimony of Mr. Rutledge.
CONCLUSIONS
Jurisdiction:
The Hearing Examiner has jurisdiction to hear and decide CUP requests pursuant to ECDC
2O,1 00,01O.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;
Findings, Conclusions, and Decision
City of'Edmonds Hearing Examiner
Groin With Us CUP, No. CU -2009-38
page b of 8
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 proposed day care center facility would provide a solid wooden fence and
landscaping per City requirements and would retain mature trees to the extent possible. It
would have no impact on transit or pedestrian access to the site. Access to the
commercial use would be provided via the main arterial rather than by local access
streets. The majority of traffic to the site would be pass-through traffic, with only 11 new
AM and 11 new PM peak hour trips anticipated. With conditions, the proposed use
would be consistent with applicable City of Edmonds Comprehensive Plan goals and
policies for the "Planned Business/Neighborhood Business" land use designation and the
Westgate Corridor policies. Findings Nos. 8, 9, 16, and 18.
2. Daycare centers are allowed as in the BP zone with conditional use approval.
Compliance with setback and other bulk/dimensional requirements would be assured
through building permit and design review_ As conditioned, the use would be consistent
with the requirements of the BP zone. Findings Nos. 3, 4, 5, 6, 7, and 9.
With conditions, the proposal would not be detrimental to the public health, safety, or
welfare, and would not have adverse impacts on surrounding uses. The minimal increase
in traffic to the site would be mitigated by the payment of traffic impact fees assessed at
time of building permit review. The use would not increase congestion on Edmonds Way
or traffic on local residential streets. The fencing and landscaping proposed, together
with the required 15 -foot setbacks from streets and residentially zoned parcels, would
buffer adjacent uses from the impacts of a daycare center. Hours of operation and indoor
early morning play policies would prevent neighboring uses from potential noise impacts
during non -business hours. Conditions of approval would ensure that adequate parking is
provided and that all landscaping and site improvements are to Code. Conditions would
also ensure that the proposed facility operates in compliance with City and State
regulations for the safety of the families it serves. Findings Nos. 9, 10, 11, 12, 13, 14, 15,
16, 18, and 19.
4. The CUP should be transferable to future owners of the subject property. All such future
owners would be obligated to comply with conditions of CUP approval. Finding No. 20.
Findings, Conclusions, and Decision
City of'Edmonds Hearing Examiner
Grow With Us CUP, No. CU -2009-38 page 7 of 8
(DECISION
Based on the preceding findings and conclusions, the request to operate a day care center for up
to 49 children in a converted single-family residence at 665 Edmonds Way in Edmonds is
GRANTED, subject to the following conditions:
Enrollment in the daycare shall not exceed 49 children.
2. The permit shall run with the land and be transferable to future owners of the property so
long as future owners show compliance with all conditions of approval.
3. The Applicant shall obtain all necessary building permit approvals and inspections prior
to opening the daycare center.
4. The Applicant is responsible for obtaining all local, state, and/or federal permits or
approvals applicable to the proposal.
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 17th day of September 2409,
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Groin With Us CUP, No. CU -2009-38
Toweill Rice Taylor LLC
City of Edmonds Hearing Examiners
By:
Sharon A. Rice
page 8 ql'8
CFTY OF EDMONDS
'121 5TH AVEINU F NORTH - Edmonds, WA 98020 - (425) 771-0220 - FAX (425) 771-0221
HEARING EXAMINER
111. 9 , W'3
S OFFICE OFT HIE HEAR EXAMINER
CITY OF EDMONDS, WASHINGTON
Applicant
Jeanine andMark Jansen Case No. CU -2(169-38
For a Conditional Use Permit DECLARATION OF SERVICE
1, Sharon A. Itice, the undersigned, do hereby declare:
GARY HAAKENSON
MAYOR
1. 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; acrd 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
September 16, 20091 served a copy of the decision in case CU -2(109-38 upon the following
individuals it the addresses below by first class US Mail:
Jeanine and Mark Jansen
23632 Highway 99, Suite F, PMB 50:2
Edmonds, WA 98026
Scott Anderson
23015 Edmonds Way #A309
Edmonds, WA 98026
Alvin Rutledge
7 101 Lake Ballinger Way
Edmonds, WA 98026
City of Edmonds Planning Division
121 Fifth Avenue North, First Floor
Edmonds, WA 98020
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 16th day of September, 20109 at Edmonds, Washington,
Sharon A. Rice, Toweill Rice Taylor LLC
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. porased AtqPst 11, bS'90
Sister City - Hekinan, Japan
UrY017 EDMONDs GARY HAAKENSON
MAYOR
121 5TH AVENUE NORTH - Edmonds, WA 98020 -,(425) 771-0220 FAX (425) 771-0221
HEARING EXAMINER
C JBI)
RE CON SIUDERATION AND APPEAL
The following is a summary of the deadlines and procedures for filing requests for
reconsideration and appeals. Any person wishing to file or respond to request for
reconsideration or an appeal should consult the relevant ordinances and/or contact the Planning
Division of the Development Services Department for further procedural information.
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 (i,c., 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.
132,x1 11 �
Pursuant to ECDC 20.05.020(13) 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 OFREQUEST 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.
MINIM AW1111017 11192-111MIN
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.
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 � 1, H,�190
Sister City - Hekinan, Japan