CU-10-25 Hearing Examiner Decision.pdf41 '? C. 1 B()",
CITY OF EDMON1 )S 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 -2010-25
Olympic View Montessori
FINDINGS, CONCLUSIONS,
AND DECISION
For a Conditional Use Permit
SUMMARY OFDECJSION
The request for a conditional use permit (CUP) to operate a day care center and preschool for up
to 40 children in a portion of a converted commercial building at 18530 - 76th Avenue West in
Edmonds is GRANTED, subject to conditions,
Request:
Kathleen Graham, owner of Olympic View Montessori (Applicant), requested a CUP to operate
a day care center and preschool for up to 40 children in a portion of a converted commercial
building at 18530 - 76th Avenue West in Edmonds.
Hearing Date:
The City of Edmonds Hearing Examiner conducted an open record bearing on the request on
June 3, 2010.
Testimony:
At the open record hearing, the following individuals presented testimony under oath:
1. Jen Machuga, Planner, City of Edmonds
2. Kathleen Graham, Applicant
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 May 25, 2010, with the
following attachments:
1. - Land Use Application
2. Zoning and Vicinity Map
3. Applicant's Criteria Statement
Findings, Conchisions, and Decision
City OfEdmonds Hearing Examiner
Olympic View Hontessori CUP, No. CU -2010-25 page I of 7
0 lncorp(wated A,u,qust 11, 1890
4. Site Plan — Received 4/16/10
5. Photographs Submitted by Applicant
6. Enrollment Contract
7. Traffic Impact Analysis
8. Updated Site Plan and Building Plan — Received 5/14/10
9. Letter of Completeness and Requesting Additional Information
10. Applicant's Response to Request for Additional Information
11. Notice of Application and Public Hearing
12. Affidavits of Posting, Mailing, and Publication for Notice of Application
and Hearing
13. Adjacent Property Owners List
14. U.S. Postal Service Certificates of Mailing
15. Parks and Recreation Department Comments
16, Public Works Department Comments
17, Fire Department Comments
18. Building Division Comments
19. Engineering Division Comments and Memo
Upon consideration of the testimony and exhibits submitted at the open record hearing, the
Hearing Examiner enters the following findings and conclusions:
1. The Applicant requested a CUP to operate a day care center and preschool for up to 40
children in a portion of a converted commercial building at 18530 - 76th Avenue West in
Edmonds.' If approved for CUP use, a portion of the existing commercial building would
be converted to satisfy City and State standards for child care facilities, while a portion
would be retained in its present use as a janitorial supply storage facility. Exhibit 1, page
2; Exhibit 1, Attachment 3.
2. Olympic View Montessori has been a Montessori preschool and kindergarten serving the
Perrinville neighborhood for five and half years. Across the street in unincorporated
Snohomish County, the existing facility provides daycare and/or early childhood
education for 13 or more children from local families, caring for children ages 2.5 to 12
years. The Applicant wishes to relocate to the existing building across the street in
Edmonds because it affords the opportunity for an indoor play area and additional
classroom space. Exhibit 1, Attachment 3; Graham Testimony.
3. The CUP application was submitted on April 16, 2010 and deemed complete on May 14,
2010. Additional information subsequently requested by the City of Edmonds
Development Services Department Planning Staff (Staff) was timely submitted by the
Applicant. Exhibit 1, page 2; Exhibit 1, Attachments & through 10.
' The subject property is known as Tax Parcel Number 00434600010704. Exhibit 1, page 2.
Findings, Conclusions, and Decision
City of Edinonds Dearing Examiner
Olympic View Montessori CUP, No. CU -2010-25
page 2 of 7
4. The site is located near the intersection of 76th Avenue West and Olympic View Drive.
It has a Neighborhood Business zoning designation. Surrounding parcels are zoned
Single -Family Residential (RS -8 and RS -12), Multiple Family Residential (RM -3),
Neighborhood Business (BN), and Community Business (BC); they are developed with
residential and commercial uses. Exhibit 1, pages 3-4; Exhibit 1, Attachment A3; Site
Visit.
5. In 1994, a critical areas checklist was submitted during review of the proposal for the
existing on-site structure and it was determined that the site contains or is adjacent to a
steep slope. The City's critical areas ordinance (CAO) was amended in 2005 and the site
was required to be reevaluated in association with the instant application. The recent
study confirmed that the western portion of the site contains and/or is adjacent to a steep
slope that satisfies the City's current definition of a landslide hazard area. Any outdoor
changes to the site would require review for compliance with CAO requirements. The
eastern portion of the site is relatively flat. The southern and eastern portions of the site
contain trees, shrubs, and groundcover. Exhibit 1, page 3.
6. As of the public hearing, the school had 22 students enrolled for the 2010/2011 school
year and intended to enroll eight more, for a total of 30 students. Proposed hours of
operation for the 2010/2011 school year are Monday through Thursday, 8:45 am through
3:30 pm. The business would not be open on Fridays. Families have the option of half
day (morning or afternoon) or full day, three or four days per week. The pian for this
school year would be to have no more than 20 children on-site at a time. Morning drop
offs would occur from 8:45 to 9:00 am. Mid-day drop offs and pickups would occur
from 11:45 am to noon. Afternoon pickups would typically run from 3:15 to 3:30 pm.
The two employees working during this school year would typically arrive and leave
within half an hour of drop off and pickup times. The school is usually locked for the
night by 4:00 pm. Exhibit 1, Attachments 3, 6, and 7; Graham Testimony.
7. Starting in 2011/2012, the Applicant intends to add a second classroom and a third staff
member. The maximum number of children on-site at a time would be 30, with a total
enrollment of 40 kids. Gf aham Testimony.
8. Planned site improvements include: conversion of the existing structure to meet the
requirements for child care facilities; reconfigured on-site parking; additional
landscaping; and installation of both indoor and outdoor play equipment. Exhibit 1, page
5; Exhibit 1, Attachment 8; Graham Testimony. All physical changes made to the site,
including modifications to the structure, parking, and landscaping, would be reviewed
during the building permit and design review processes. The instant matter is limited in
scope to the question of conditional use permission. Exhibit 1, page 1; Machuga
Testimony.
9. 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 children, whichever is greater. With 30
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Olympic ViewAllontessori CUP, No. CU -2010-25 page 3 of 7
children on-site at a time and three staff members, the daycare center would need nine
parking spaces.' Exhibit 1, pages 5-6; ECDC 17.50.020.0.8.
10. The Applicant's business would share parking with the janitorial supply storage facility
also housed on-site. According to information submitted by the Applicant, the janitorial
business has two employees and 1,344 square feet of space. Based on these numbers, it
requires two parking spaces. The business is an evening janitorial service and its
employees park on-site during the evening. Exhibit 1, page 6; ECDC 17.50.020.B.18.
11. The Applicant's May 14, 2010 site plan (Attachment S) shows a total of nine parking
spaces. Because of their respective parking requirements and hours of operation, the
daycare center and janitorial service appear to be able to operate under a joint use parking
agreement pursuant to the provisions of ECDC 20.30.030.C. The Applicant would be
required to file a covenant with the City for joint -use of parking during review of the
building permit application. Exhibit 1, page 6; Machuga Testimony.
12. 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, Attachments 15 and 16.
The Fire Marshall submitted comments indicating that he is in ongoing dialogue with the
Applicant about prescriptive formats and would remain involved during building permit
review. Exhibit 1, Attachment 17. The Building Official also acknowledged future
review for compliance with buildings codes, during building permit review. Exhibit 1,
Attachment 18. The Engineering Division will review the traffic impact analysis
concurrently with the building permit review process. Exhibit 1, Attachment 19.
13. The site takes access from 76th Avenue West, 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 fi-om 76th Avenue. In addition, a significant percentage of the
anticipated site traffic is already coming to the vicinity to reach the existing daycare
center across the street. Exhibit 1, page 5; Machuga Testimony.
14, Planning Division Staff submitted 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 5; Machuga Testimony. Staff recommended approval;
subject to conditions. The Applicant concurred with the City's analysis and agreed to the
recommended conditions of approval. Exhibit 1, page 8; Machuga Testimony; Graham
Testimony.
15. The Applicant requested that the CUP, if approved, be personal rather than be allowed to
run with the land. Exhibit 1, Attachment 10.
2 Site plans show a total area of 2,237 square feet, which would require seven parking spaces based on area. Exhibit
1, page 6; Exhibit 1, Attachment 8.
Findings, Conclusions, and Decision
City of Edmonds Heating Examiner
Olympic tVieiv tllontessori CUP, No. CU -2010-25
page 4 of 7
16. The Comprehensive Plan designation for the subject site is "Neighborhood Commercial."
The 2009 City of Edmonds Comprehensive Plan's vision for commercial development
includes the following goals and policies:
D. Goals for Neighborhood Commercial Areas. Neighborhood commercial areas are intended
to provide a mix of services, shopping, gathering places, office space, and housing for
local neighborhoods. The scale of development and intensity of uses should provide a
middle ground between the more intense commercial uses of the Highway 99 Corridor/
Medical area and the Downtown Activity Area.
Historically, many of the neighborhood commercial areas in Edmonds have developed as
classically auto -oriented commercial "strip malls" with one- and two-story developments
primarily including retail and service uses. Throughout the region, neighborhood
commercial areas are departing from this historical model by being redeveloped as
appealing mixed-use clusters, providing attractive new pedestrian -oriented development
that expands the uses and services available to local residents.
The neighborhood commercial areas share several [pertinent] common goals:
D.1. Neighborhood commercial development should be located at major
arterial intersections and should be designed to minimize interference
with through traffic.
D.2. Permit uses in neighborhood commercial areas that are intended to serve
the local neighborhood. Mixed use development should be encouraged
within neighborhood commercial areas.
No goals or policies are provided within the Comprehensive Plan specific to the
Perrinville neighborhood. 2009 Comprehensive Plan, pages 72-73.
17. Notice of Application and Public Hearing was mailed to neighboring property owners
within 300 feet by the Applicant on May 19, 2010. Notice was posted and published in
The Herald on May 20, 2010, consistent with the notice provisions of ECDC 20.91.
Exhibit 1, page 2; Exhibit 1, Attachments 11, 12, 13, and 14; Machuga Testimony.
18. At hearing, public comment was offered encouraging the Applicant to follow the crime
watch reports for the area, for the safety of the proposed operation. Rutledge Testimony.
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;
Findings, Conclusions, and Decision
City of Ednionds Hearing Examiner
Olympic View Alontessori CUP, No. CU -2010-25
page 5 of 7
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 daycare center would function as a transition between the less intensive
residential land uses to the west and the more intensive commercial uses across 76th
Avenue to the east. The use would provide a necessary service to residents and people
who work in the local area. There would not be significant impacts to neighborhood
streets, because the use is accessed fi om the arterial. As conditioned, the use would be
consistent with applicable City of Edmonds Comprehensive Plan goals and policies.
Findings 4, 14, and 16.
2. The purposes of the BN zone are to reserve areas for those retail stores, offices, retail
service establishments which offer goods and services needed on an everyday basis by
residents of a neighborhood area; and to ensure compact, convenient development
patterns by allowing uses that are operated chiefly within buildings. Edmonds Community
Development Code (ECDC) 16.45.000. Daycare centers are permitted in the BN zone
upon conditional use permit approval. ECDC 16.53.010.0.7. Compliance
bulk/dimensional zoning requirements would be assured through building permit and
design review. As conditioned, the use would be consistent with the requirements of the
BN zone. Findings 12 and 14.
3. With conditions, the proposal would not be detrimental to the public health, safety, or
welfare, and would not have adverse impacts on surrounding uses. Any increase in
traffic to the site would be reviewed and mitigated by the payment of traffic impact fees,
if any, at time of building permit review. The use would not increase congestion on local
residential streets. Existing and proposed landscaping, reviewed for code compliance at
time of building permit, would buffer adjacent uses from the minimal impacts of a
daycare center open four days a week during business hours. Conditions of approval
would ensure that the proposed facility operates in compliance with City and State
regulations for the safety of the families it serves. Compliance with parking and
landscaping requirements, and building and fire codes, would be assured during building
permit review. Findingv 2, 6, 7, 8, 9, 10, 11, 12, 13, and 14.
4. On the Applicant's request, the CUP would not be transferable to future owners of the
subject property. Finding 15.
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Olympic Thew Montessori CUP, No. CU -2010-25 page 6 o 7
DECISION
Based on the preceding findings and conclusions, the request for CUP to operate a day care
center and preschool f-br up to 30 children in a portion of a converted commercial building at
18530 - 76th Avenue West in Edmonds is GRANTED, subject to the following conditions:
The permit shall be personal to Olympic View Montessori and shall not be
transferable to future operators.
2. The Applicant shall obtain all necessary building permit approvals and inspections
prior to commencement of operations,
The Applicant is responsible for obtaining all local, state, and/or federal permits or
approvals applicable to the proposal.
4. 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,
ITEC ED this 17th day of June 2010.
Findings, Conclusions, and Decision
City of Fdnionds Hearing Examiner
Olympic 117eiv Allontessori CUP, No. CU -2010-25
Toweill Rice Taylor LLC
City of Edmonds Hearing Examiners
By:
Sharon A. Rice
page 7 of
11 -t? C. 1 B 9 "1
CITY OF EDMONI )S GARY HAAKENSON
MAYOR
121 5TH AVENUE NORTH - Edmonds, WA 98020 - (425) 771-0220 ® FAX (425) 771-0221
HEARING EXAMINER
RE' CONSIDERATION 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 a request for
reconsideration or an anneal should consult the relevant ordinances and/or contact the Planning
Division of the Development Services Department for further procedural information.
REQUEST FOR RECONSIDERATION
ECDC 20.06.010 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 no later than 4:30 p.m. on the last business day
of the reconsideration period. Only parties of record (i.e., 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 17,50,090(A)(3) and ECDC 20. 19.050, appeals may be taken from the
hearing examiner's decision to the city council under the provisions of Chapter 20.07 ECDC.
An appeal must be filed within 14 days after the issuance of the hearing body's written decision.
The city council's decision on appeal shall be final. A request for reconsideration is not a
condition precedent to an appeal, Judicial appeals must be filed within 21 days from the date of
the city's final decision in a given matter pursuant to the procedures established in the Land Use
Petition Act.
EFFECT OF REQUEST FOR RE, CONSIDERATION 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 the appeal period
commences on the date of issuance of the decision on reconsideration.
LAPSE OF APPROVAL
ECDC 20.05.020(C) 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 Assessor's Office.
Incorporated At,qaist 11, 1890
T T I
Inc. 1 B 1) 1)
121 5TH AVENUE NORTH - Edmonds, WA 98020 ® (425) 771-0220 - FAX (425) 771-0221
HEARING EXAMINER
t
Applicant
Kathleen Graham, on behalf of Case No. CU -2010-25
Olympic View Montessori
For a Conditional Use Permit DECLARATION OF SERVICE
1, 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 Julie
16, 20101 served a copy of the decision in case CU -2010-25 upon the following individuals at the
addresses below by first class US Mail:
Kathleen Graham
18220 - 8th Place West
Lynnwood, WA 98037
Clerk of the Edmonds City Council
121 Fifth Avenue North, First Floor
Edmonds, WA 98020
Alvin Rutledge
7 101 Lake Ballinger Way
Edmonds, WA 98026
City of Edmonds Planning Division
121 Fifth Avenue North, First Floor
Edmonds, WA 98020
Myrth LLC
PO Box 1.534
Lynnwood, WA98046
I hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is
true and correct, this l6th day of Julie 2010 at Edmonds, Washington.
Sharon A. Rice, Toweill Rice Taylor LLC
0 Incorporated Au'qusf 11, 1890 0