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CU-2007-66 Staff Report.pdfrno.1890 { GARY HAAKENSON CITY OF EDMONDS MAYOR 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 771-0220 • FAX (425) 771-0221 Website: www.ci.edmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building • Engineering PLANNING DIVISION REPORT & RECOMMENDATION TO THE HEARING EXAMINER Project: Edmonds Lutheran Church Preschool File Number: CU -2007-66 Date of Report: December 20, 2007 PIanner: Jennifer nnifer Machuga, Planner Public Hearing: January 3, 2008 at 3:00 P.M. Edmonds Public Safety Complex: Council Chambers 250 5a' Avenue North, Edmonds WA 98020 I. SUMMARY OF PROPOSED ACTION: On behalf of Edmonds Lutheran Church, Mary Sheldahl has applied for a Conditional Use Permit to locate a preschool within the existing Edmonds Lutheran Church at 23525 — 84`x' Avenue West, Edmonds. The subject site is divided by both the Single Family Residential (RS - 8) and the Multiple Residential (RM -1.5) zones; however, the existing church facility is located on the portion of the site within the Single Family Residential (RS -8) zone. Edmonds Lutheran Church currently has a daycare/preschool program that serves 12 children and operates for four hours per weekday. Edmonds Lutheran Church would like to expand its current daycare/preschool program by increasing the number of children served to 20 and by increasing the hours of operation to approximately nine hours per weekday. Edmonds Community Development Code (ECDC) 16.20.01 O.D.1 requires a Conditional Use Permit for a preschool as a secondary use in the Single Family Residential (RS -8) zone. The Church is not currently proposing any structural changes to the existing facility. The following is staff's analysis of the project. II. GENERAL INFORMATION: A. Owner/Applicant: Edmonds Lutheran Church (Attachment 1). B. Contact Person: Mary Sheldahl C. Tax Parcel Numbers: 00576700002508 and 00576700002509. Page I of 9 • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Ednivads Lutheran Church Preschool File No. CU -2007-66 D. Location: 23525 - 84"' Avenue West, Edmonds (Attachment 2). E. Zonin : Single Family Residential (RS -8) and Multiple Family Residential (RM -1.5). F. Square Footage / Acreage: Approximately 4.44 acres (per Snohomish County Assessor's records). G. Proposed Use: The applicant is proposing a preschool as a secondary use to the existing primary use of the church (Attachment 3). H. Existing Use: Edmonds Lutheran Church facilities and associated parking as well as a preschool/daycare program that serves 12 children (currently considered a permitted secondary use as a family daycare under ECDC 16.20.010.13.8). According to Snohomish County Assessor's records, the church was constructed in 1957. III. HISTORY 1 BACKGROUND: The application was submitted on August 3, 2007 and was determined to be "incomplete" on August 30, 2007. The applicant subsequently submitted the required items on November 16, 2007, and the application was determined to be "complete" on December 4, 2007 (Attachment 7). The majority of the Applicant's initial submittal materials are provided as Attachments 1, 3, and 4, and the Applicant's secondary submittal materials are provided as Attachments 5 and 6. 1►� .`7 ' . =3T. C11 X1.1 1 . : U . WO 0 The application for a Conditional Use Permit does not require SEPA review. Therefore, the Applicant and the City have complied with the requirements of ECDC 20.15.A. V. PUBLIC HEARING NOTICE: A "Notice of Application and Hearing" (Attachment 8) was published in the Herald Newspaper and was posted at the subject site, Public Safety Complex, Development Services Department, and Library on December 13, 2007. This notice was also mailed to residents within 300 feet of the site on December 13, 2007 using a mailing list provided by the applicant with the initial submittal of the application. The City has complied with the noticing provisions of ECDC 2091 (Public Hearings and Notice). An Affidavit of Mailing (Attachment 9) and an Affidavit of Posting (Attachment 10) are included as attachments to this report. An Affidavit of Publication has not yet been received from the Herald Newspaper. VI. TECHNICAL COMMITTEE: This application was reviewed and evaluated by the City's Fire Department, Engineering Division, Parks and Recreation Department, and Public Works Department. The Engineering Division, Parks and Recreation Department, and Public Works Department had no comments on the subject proposal. Fire Marshal John Westfall submitted a memo regarding the proposal on behalf of the City's Fire Department requesting additional information from the Applicant on August 9, 2007 (Attachment 11). The Applicant included a response for Fire Marshal Westfall's memo in their resubmittal on November 16, 2007 (Attachment 5). On December 18, 2007, Fire Marshal Westfall submitted a memo in response to the Applicant's resubmittal (Attachment 12). In this memo, Fire Marshal Westfall provided the following two Page 2 of 9 Edrnvnds Lutheran Church Preschool File No. CU -2007-66 restrictions on the proposed preschool: 1) care for children has been approved only for ages 2 '/z years and older, and 2) the occupant load for the daycare shall not exceed 50. Fire Marshal Westfall commented that if either of the above conditions change, automatic fire sprinklers will be required, and a change of use permit would be required from the City. Fire Marshal Westfall's restriction on the age of the children served by the proposed school has been added to this report as a recommended condition of approval to the Hearing Examiner. Staff recommends limiting the number of children served by the preschool at the proposed 20 children; therefore, Fire Marshal Westfall's second restriction to limit the occupant load for the daycare to 50 has not been added as a recommended condition since staff has added a recommended condition to limit the preschool to 20 students. VII. NATURAL ENVIRONMENT: A. Critical Areas: A Critical Areas Checklist was submitted in 1999, and the subject site was inspected for critical areas as defined by ECDC 23.40. No critical areas were found at that time, and a waiver from the requirement to complete a study was issued under File No. CRA - 1999 -0159. 1f any future alterations to the site are proposed, this critical areas determination will be reviewed to ensure that the site does not contain any critical areas pursuant to ECDC 23.40, which was updated in 2005. At this time, the Applicant is not proposing to make any exterior alterations to the existing church facility; therefore this action is not subject to Critical Areas chapter review. Thus, the Applicant and the City have complied with the requirements of ECDC 23.40, B. Topography, Soils, Wildlife, and Vegetation: No exterior changes are proposed at this time. Therefore, the existing topography, soils, wildlife, and vegetation characteristics of the subject site are not applicable to the review of this Conditional Use Permit application. VIII. NEIGHBORHOOD CHARACTERISTICS: This site is located at 23525 — 84`h Avenue West, on the northeast corner of the intersection of 84`h Avenue West and 236`h Street Southwest (Attachment 2). The western approximate two-thirds of the subject site is zoned Single Family Residential (RS -8), while the eastern approximate one-third of the subject site is zoned Multiple.Family Residential (RM -1.5). The adjacent zoning designations are as follows: Single Family Residential (RS -8) to the north and west, Multiple Family Residential (RM -1.5) to. the east and to a portion of the south, and General Commercial (CG) to a portion of the south. Surrounding land uses include single-family residences to the north and west, apartments to the east, and a shopping center to the south of the subject property. The existing Edmonds Lutheran Church serves as a transition between the less intensive land use of the single-family residences and the more intensive uses of the multi -family residences and commercial uses. Page 3 of 9 IX. COMPREHENSIVE PLAN: The Comprehensive Plan designation for the western approximate two-thirds of the subject site is "Single Family — Urban 1, " while the eastern approximate one- third of the site is designated as "Highway 99 Corridor. The portion of the site on which the existing church facility is located is within the "Single Family— Urban 1 " designation. Other nearby designations include "Multi Family — Medium Density" and "Edmonds Way Corridor, " which are both located several properties to the southwest of the subject site. The City of Edmonds Comprehensive Plan has a vision for residential development, and to achieve this vision the applicable excerpts are shown below: B.S. Protect residential areas from incompatible land uses through the careful control of other types of development and expansion based upon the following: B.S. a Residential privacy is a fundamental protection to be upheld by local government. B. S. b. Traffic 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. (2006 Comprehensive Plan, page 56) Edmvads Lutheran Church Preschool File No. CU -2007-66 The proposed preschool is a compatible land use given this (and taking into consideration the adjacent) Comprehensive Plan designation, as the Edmonds Lutheran Church currently serves as a transition between land uses since the site is bordered by primarily single-family residences to the north and west, multi -family residences to the east, and commercial uses to the south. The proposed preschool will introduce some traffic; however, the increase in traffic should be minor in nature, particularly compared to the traffic generated for worship services and other events. Through the City's zoning regulations for the Single Family Residential zones, it is recognized that churches are compatible land uses with single-family residences. In particular, in the case of the subject application, the proposed preschool would make use of the existing building on the subject site, as no exterior alterations are proposed at this time. X. PUBLIC COMMENTS: To date, no public comments have been received on the subject proposal. Page 4 of 9 Edmunds Lutheran Church Preschool File No. CU -2007-66 XI. APPLICABLE CODES: A. ECDC 16.20 (RS — 4K- le Family Residential) The western approximate 435 feet of the subject site is located within the Single Family Residential (RS -8) zone, while the eastern approximate 200 feet of the subject site is located within the Multiple Residential (RM -1.5) zone (Attachment 2). Based on a site plan that was provided by Edmonds Luterhan Church in 2001 for a building permit for an addition (Attachment 13), the church is located approximately 208 feet from the eastern property line. Therefore, the church is located on the portion of the property that is zoned Single Family Residential (RS -8), and the Single Family Residential (RS -8) regulations apply to the subject proposal. Pursuant to ECDC 16.20.010.D.1, compliance with ECDC 20.05 is required to allow the establishment of a preschool as a second use in the Single Family Residential (RS -8) zone. Thus, the Applicant has applied for a Conditional Use Permit to locate a preschool in the Single Family Residential (RS -8) zone. As stated in ECDC 16:20.000.13, one purpose of the RS zone is, "To provide for additional nonresidential uses which complement and are compatible with single-family dwelling use. " If approved, this land use would be consistent with ECDC 16.20. At this time, the Applicant has not proposed any exterior changes or alterations to the site that would require review for compliance with the development standards found in ECDC 16.20.030 (Development Standards) such as height, setbacks, or lot coverage. B. ECDC 17.100.020 L(:ommunL Facilities- Churches ECDC 17.100.020.1 states the following regarding secondary uses on church properties: (1) Any use otherwise allowed or conditionally permitted within the particular zone in which the church is located, may be allowed as a secondary use; provided, that the conditions of subsections (1)(2) and (3) of this section are met. (2) If the proposed secondary use is a conditional or nonconforming use in the zone in which the church is located, then a conditional use permit shall be required for such secondary use. (3) A use shall be considered secondary only where the use is subordinate to the primary use of free worship, with respect to at least two of the following criteria.- a. riteria: a. The amount of space allocated to the use; b. The duration of use; or c. The number ofpeople served or involved in the use. Per the above code section, since preschools are secondary uses that require a Conditional Use Permit within the Single Family Residential (RS -8) zone, the proposed preschool at Edmonds Lutheran Church also requires a Conditional Use Permit. Additionally, since the amount of space allocated to the proposed preschool and the number of people served or involved in the proposed preschool are both less than the amount of space allocated to the worship services and the number of people served by the services, the proposed preschool use is considered secondary to the primary use of the church facility. Page 5 of 9 Edrn.,ods Lutheran Church Preschool File No. CU -2007-66 C. ECDC17.50 (Off Street Parking Regulations) ECDC 17.50.020.C.8 requires daycare centers and preschools to provide parking at a rate of one space per 300 square feet, or one per employee, plus one per five students, whichever is larger. The plans submitted by the applicant indicate that the indoor area to be used by the preschool is approximately 800 square feet in size. Additionally, the applicant indicated that the preschool students will use the adjacent restrooms and an outdoor fenced play area. A room for possible future use by the preschool is also indicated on the plans. In a telephone conversation on December 19, 2007, the Applicant stated that the area of this room for possible future use is less than 200 square feet. Thus, the total indoor area for the proposed preschool is approximately 1,000 square feet. Calculating one space per 300 square feet of this total area results in 3.33 parking spaces. The Applicant has indicated that there would be a maximum of 6 employees. One parking space per employee plus one per five students (20 students requires 4 spaces) results in 10 required parking spaces, which is the larger of the two totals. Therefore, the proposed preschool would require 10 on-site parking spaces. A memo by Meg Gruwell, Senior Planner, dated April 8, 2002 describes the parking requirements for the existing church facility including the addition that was approved under Building Permit No. 2001-0282 (Attachment 14). ECDC 17.50.020.C.3 requires one space per four seats or one space per 40 square feet of assembly area, whichever is greater, for indoor places of public assembly, including churches. The parking calculations for the existing church conducted by Meg Gruwell are included in Attachment 14. Ms. Gruwell concluded that the existing church requires 72 on-site parking spaces, and at least 72 spaces are provided. ECDC 17.50.030.B states that a combination of uses on a site shall meet the parking requirements based on the sum of all the uses reduced by any applicable joint use provisions. The Applicant indicated in their response to the City's request for additional information that the preschool would operate Monday through Friday from 7:00am to 6:00pm and would not conflict with the weekend church worship services. Since the preschool and worship service schedules would not overlap, the 72 parking spaces provided on-site will be sufficient for the 10 spaces required for the preschool and the 72 spaces required for the worship services separately. Thus, the proposed Conditional Use Permit complies with the on-site parking requirements of ECDC 17.50. D. ECDC 20.05 (Conditional Use Permits) ECDC 20.05.010 contains the review and approval criteria for Conditional Use Permits. According to the aforementioned code section, "No Conditional Use Permit may he approved unless all of the findings in this section can be made. " The findings are as follows: A. That the proposed use is consistent with the Comprehensive Plan. B. 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 he located, and that the proposed use will meet all applicable requirements of the zoning ordinance. C. 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 9 Edmunds Lutheran Church Preschool File No. CU -2007-66 D. 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 (Attachment 6), and staff generally agrees with Applicant's arguments. As discussed above, the Comprehensive Plan designation for the western approximate two- thirds of the subject site is "Single Family — Urban 1," while the eastern approximate one- third of the site is designated as "Highway 99 Corridor." The existing church and proposed preschool will serve as a transition between more and less intensive land uses in the immediately surrounding neighborhood. As discussed above, preschools are permitted secondary uses with a Conditional Use Permit in the Single Family Residential (RS -8) zone. Therefore, if the proposed Conditional Use Permit is approved, the preschool will be consistent with the zoning ordinance (ECDC 16.20). No exterior changes or alterations are currently proposed to the site. If the Applicant would like to make any alterations to the site, a building permit may be required and the Applicant must comply with the applicable code sections and receive appropriate City approvals prior to any such work. No signage is proposed with the Conditional Use Permit. If the Applicant would like to install signage, a building permit is required, as well as compliance with ECDC 20.60 (Signs). Since no exterior changes or signage are currently proposed, the facility will have the same look to the neighborhood as it currently does. Per ECDC 18.82.030, a Traffic Impact Analysis is not required with this application. Therefore, the Engineering Division has not required a traffic study for the proposed preschool. If the Applicant proposes to make any alterations to the existing structure in the future, a Traffic Impact Analysis and traffic study may be required at that time. The applicant has requested that this permit be personal to Edmonds Lutheran Church and its successors; therefore, Planning staff recommends a condition to limit the permit to Edmonds Lutheran Church and its successors. The permit should not be transferable to alternative types of development on the subject site. Per Sandy Chase, City Clerk, religious organizations are exempt from the requirement for a business license. However, if the preschool is run by an outside organization, the Applicant should note that a business license may be required (Attachment 1 S) XII. CONCLUSIONS: A. See Section IX of this report for a discussion on consistency with the Comprehensive Plan for the City of Edmonds. B. See Section XI of this report for a discussion on consistency with the criteria given the Zoning Code of the City of Edmonds. If the proposed Conditional Use Permit is approved, then the preschool will be consistent with the Zoning Ordinance. C. No additional parking is required for the proposed preschool as the application does not require the submittal of a Traffic Impact Analysis. Page 7 of 9 Edmonds Lutheran Church Preschool File No. CU -2007-66 D. As proposed, the preschool does not appear to be detrimental to the neighborhood, particularly since it will be located within the existing structure on the subject site. E. Per the Fire Department's review of the proposal, care for children within the preschool is limited to ages 2 %Z and older, and the occupant Ioad for the preschool shall not exceed 50 people. However, it is recommended that enrollment in the preschool be limited to the proposed 20 children. F. The applicant has requested that this permit be personal to Edmonds Lutheran Church and its successors. This is appropriate since the particular characteristics of this type of use can vary significantly between successive owners. Planning staff recommends a condition to limit the permit to Edmonds Lutheran Church and its successors. XIII. RECOMMENDATIONS: Based on the analysis and attachments to this report, staff recommends APPROVAL of the Conditional Use Permit for the proposed preschool with the following conditions: A. The Applicant shall limit the preschool's days of operation to Monday through Friday. The preschool shall not be operated on weekends to avoid any parking conflicts with the church's worship services. S. The ages of children served by the preschool is limited to 2 % years and older. C. Enrollment in the preschool shall not exceed 20 children. D. The permit shall be personal to Edmonds Lutheran Church and its successors and shall not run with the land. E. 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. XIV. PARTIES OF RECORD: Planning Division Engineering Division Edmonds Lutheran Church 23525 — 84th Ave. W Edmonds, WA 98026 XV. ATTACHMENTS: 1. Land Use Application 2. Zoning and Vicinity Map 3. Description of Proposed Use Ms. Mary Sheldahl 4703 —185°i Place SW Lynnwood, WA 98037 Mr. Herman Siqueland 7823 -- 175`h St, SW Edmonds, WA 98026 4. Portion of Site Plan for Subject Property 5. Applicant's Response to Request for Additional Information and Floor flan Page 8 of 9 Edmvnds Lutheran Church Preschool File No. CU -2007-66 6. Criteria Statement 7. Letter of Complete Application 8. Notice of Application and Hearing 9. Affidavit of Posting 10. Affidavit of Mailing 11. Memo with Initial Project Comments from Fire Marshal John Westfall 12. Memo with Final Project Comments from Fire Marshal John WestfaIl 13. Site Plan from 2001 Building Permit Application 14. Parking Calculation Memo 15. Email Regarding Business License Requirements Page 9 of 9 city of edmonds land use application ❑ ARCHITECTURAL DESIGN REVIEW FOR • COMPREHENSIVE PLAN AMENDMENT CONDITIONAL USE PERMIT FILE # PtZoq,7 o06A ZONE ❑ HOME OCCUPATION C P- H C- DATE 913 O REC'D BY ❑ FORMAL SUBDIVISION f 116 S ❑ SHORT SUBDIVISION itin u15'o FEE � i� 3 d RECEIPT # C)LOT LINE ADJUSTMENT Svrc -jt ¢� S HEARING DATE ❑ PLANNED RESIDENTIAL DEVELOPMENT ❑ OFFICIAL STREET MAP AMENDMENT a� �fE ❑ STAFF ❑ PB ❑ ADB ❑ CC ❑ STREET VACATION ❑ REZONE ❑ SHORELINE PERMIT ❑ VARIANCE / REASONABLE USE EXCEPTION ❑ OTHER; Ave -,1 f 11 PROPERTY ADDRESS OR LOCATION �J -7 g� t AWe-o t E-,4(mo V1.g,,j PROJECT NAME (IF APPLICABLE) PROPERTYOWNER F-iwoo ds 1j-( I7 ey)5a i &ardtPHONE# Lla '74-4-60q0 ADDRESS 2-5 25:2 d44A, eve, GU a, 1'drte.ov-c( 64J4 q$Od!o E-MAIL ADDRESS E 1Awo 1 e,i(A-'ke4arlCkurr-I) P FAX# TAX ACCOUNT # SEC. TWP. V`T_ RNG. 041 � 'r r r - DESCRIPTION OF PROJECT OR PROPOSED USE S&-&- CL"(' ac keCL TG ry-,t APPLICANT E:f.JFtn,,Otu�-; L(± .eraK C%UVL-j C PHONE# 4,35-'744 � qQ ADDRESS a 35 a 5 1344 +,4- A Ue, f,0 eat 5�. Lnc rn c S, l J A 99, 0 2 6 E-MAILADDRESS �d4C u-n� C:tn c wit F # pps CONTACT PERSON/AGENT ML 1/ 5 !tel e I C(GL k i PHONE # 5 - f 5S - 7 4 - ADDRESS 4703 Pl , , W, _ Ly tom] do w0o�, W FI. qgd 3 `7 E-MAIL ADDRES S e - i a PV -66Q 0 0 l g 42,N; .Cta e+, Rg�AX # /Y/;q The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/her/its agents or employees. By my signature, I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that I am authorized to fi i pplication on the behalf of the owner as listed below. SIGNATURE OF APPLICANT/AGENT DATE Property Owner's Authorization By my signature, I certify that I have authorized the above Applicant/Agent to apply for the subject land use application, and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the purposes i ecp tion alad pC a ant o this ti /ACL SIGNATURE OF OWNER�+�1� DATE This application form was revised on 1/27/00. To verify whether it is still current, call (425) 771-0220. L:\L[BRARYTLANNiNGIForms & Handouts\PUblic Handouts\Land Use Applicat on.doc Attachment 1. Attachment One to Edmonds Lutheran Church's RECEIVED Application for Land Use Permit AUG 0 3 2007 PERMIT COUNTER Description of Proposed Use Edmonds Lutheran Church is requesting a conditional use permit in order to permit modification of its existing Christian Preschool program in two regards: 1) to extend its hours of operation to approximately nine hours from its present maximum of approximately four hours; 2) to increase its maximum enrollment to twenty students from the present maximum of twelve. The church's existing facilities are entirely adequate to accommodate the requested changes; no structural additions or modifications will be required if the required permit is granted. Further, the church has an overabundance of available parking space during all hours of the proposed extension of the preschool's operations. Under Edmonds Lutheran Church's present four hour preschool program, a non- working adult must be available to bring each student to the program, to pick-up the student midday and to provide child care for the remainder of the day. In practice, that need has foreclosed from participation in the preschool program all children both of whose parents work out of the home, as well as. children of working single parent households. Edmonds Lutheran Church desires to make the benefits of a Christian Preschool Program available to those presently foreclosed children; hence this application for permission to make the changes necessary to achieve that goal. Under the requested modifications, all preschool students will be required to attend the Christian Preschool core program (of approximately four hours), while attendance at the extended program hours will be optional. It is anticipated that only a fraction of the total number students would attend both parts of the preschool programs. Attachment 3 122 � a s N ° - ---� U. z>a d 76 44" (FCR`NARD APPROACH) z i _32" MIN. W 10 41N.? �. .................. P+ . -►- Q MIK.\1)00: CLEARANCE ® ` Vo . +... i..�t:.... ......... M 17" M N.; 19' MAX. to F - Z W ---I xvry "ov I -_ — W ' W m I c �r 30 O� W s a Q 'n I g "h 10 o 10 I. I w 9 W N Q J 0 � a0 z � . P m So m U O� G ° '1' m I c �r 30 O� W s a Q 'n I g "h 10 o 10 I. 0 I w � a0 z . 4c N I 4 N w cc pp , �- xW a Inc It Iul mr w o M 0 0 ^ w pp , CSN ll" M 0 w cc LL n H XL kL i1 V, N v, V% November 16, 2007 Ms. Jen Machuga City of Edmonds, Develo9ment Services Department 121 - 5 Avenue North Edmonds, WA 98020 Re: Your August 30, 2007 letter to Ms. Mary Sheldahl, requesting additional information to complete our Conditional Use Permit Application, File No, CU - 2007 -66 Dear Ms. Machuga, We have numbered our following paragraphs to correspond to the numbered paragraphs of your referenced August 30, 3007 letter. 1. re: Criteria Statement: We are attaching to, and incorporating into this letter as Addendum "A" our description of how the proposed expanded enrollment and hours of operation of our preschool program meets each of the applicable Conditional Use Permit criteria. We wish to have the requested permit be personal to Edmonds Lutheran Church and its successors, not to run with the land. 2 It is intended that the extended preschool program will operate five (5) days a week, Monday through Friday. The intended hours of operation will be as follows: Morning Hours; 7:00 to 9:00 AM - morning extended. Preschool activities 9:00 to 12:00 noon "Core" preschool curriculum Afternoon Hours: 12:00 noon to 1:00 PM lunch 1:OO.PM to 3:00 PM nap/rest time 3:00 PM to 6:00 PM afternoon extd. Preschool activities 3. Our extended preschool would not be operated on weekends, so there will be no conflict with our weekly church worship services. Accordingly, our requested permit does not present any questions concerning the sufficiency of our abundant on-site parking. Attachment 5 Finally, your office forwarded to us a copy of Fire Marshal John J. Westfalrs August 9, 2007 memorandum to you. In that memo the Fire Marshal raised several questions. In response to those questions, we are attaching a drawing of our 84"' Ave. W. facility. The drawing outlines in blue the 20 feet by 40 feet building space (800 square feet) used by the preschool and also the outdoor fenced play area. The adjacent restrooms are outlined in green. Finally, we have indicated an additional interior space not presently used by the preschool, but which, in the future, might be occasionally used by the preschool as an ancillary space. We have not included the square footage of the outdoor fenced play area, nor of the restroom areas, nor of the possible future ancillary space in the stated 800 square foot figure. All the indicated preschool areas are on ground level. While our indoor preschool area appears to us to meet your definition of A-3 occupancies, it also appears to us to meet your definition of "E occupancy". We seek clarification from you as to the proper classification We are presently applying to the State of Washington for appropriate licensing of our extended preschool program. We will keep you advised at that process proceeds. Please tail us if you would like any supplemental information concerning this response Sincerely yours, Edmonds Lutheran Church r By Board Member Addendum "A" To Edmond Lutheran Church's Nov.16th letter to City of Edmonds Planning Department The expanded preschool enrollment and hours of operation of Edmond Lutheran Church's Christian Pre -School program at its 23525 - SO Avenue West property will be consistent with the Comprehensive Plan and the Zoning Ordinance, and will not be detrimental to the public health, safety and welfare, or to nearby private property or improvements. 1. Concerning the Comprehensive Plan; ECDC 16.20.000 B expressly provides that the RS Zoon has the following specific purposes, in addition to the general purposes of residential zones: "B. To provide for additional nonresidential uses which complement and are compatible with single-family dwelling use." Consistent with that provision, ECDC 16.20.010 A, 2 provides that Churches are a permitted Primary Use in RS -Single Family Residential zones. Furthermore, ECDC 17.100.040 expressly provides, The provisions of this chapter and the conditional use permit criteria of Chapter 20.05 ECDCshall be liberally construed and applied in order to permit, encourage and accommodate churches within the neighborhood and all zones of the city, so long as the negative impacts from the church are adequately mitigated." The EDCD does not purport to either define, or otherwise expressly limit the scope of activities constituting "church" uses within the meaning of ECDC 16.20.010. Edmonds Lutheran Church (hereafter "ELC") deems its Christian Preschool program an integral part of the church`s core mission of spreading the Gospel of Jesus Christ in the Edmonds community. Accordingly Edmonds Lutheran. Church believes that the expanded preschool enrollment and hours of operation is a permitted Prin ary Use under EDCD 16.20.010 A (2) -"Church". As a primary use, no conditional use permit is required. However, ELC has elected to proceed with its application for such a conditional use permit, but at the same time reserves its right to assert that Primary Use right, should that become necessary in any subsequent proceeding. With the forgoing reservation, Edmonds Lutheran Church has applied for this conditional use permit and submits that the expanded preschool enrollment and hours of operation will be a permitted Secondary Use under ECDC 16.20.010 D.1, "1. Preschools ***" The existence of that section of ECDC unequivocally establishes that Pre-schools are uses," ***which complement and are compatible with single-family dwelling use", under ECDC 16.20.000 B. Attachment 6 The requested permit to expand the enrollment and hours of operation of the Church's Christian preschool program will materially enhance the benefit of that program to the single-family dwellings in the RS zone in which the church is located. Under the church's present four-hour preschool program, a non -working adult must be available to pick-up the student midday and provide childcare for the balance of that day. In practice that reality has foreclosed from participation in the program all children both of whose parents work out of the home, as well as children of working single parent families. The requested expansion of the preschool's enrollment and hours of operation will directly and materially benefit such presently foreclosed families and children living in the residential zone around the church. The advantages of a Christian preschool education will be available to them in their own neighborhood! 2 concerning the Zoning Ordinance: Edmonds Lutheran Church (a "neighborhood church' under ECDC) will meet all applicable requirements of the Zoning Ordinance. The Church is presently in the process of obtaining all necessary State permits and approvals for the proposed expansion of its Christian Preschool program' enrollment and hours of operation. 3. The proposed use will not be significantly detrimental to the public health, safety and welfare. or to nearby private property or improvements. By its nature, the existence of a nearby Christian preschool program is a potential benefit, not a detriment to the residents of the surrounding single family zone because it makes nearby childcare available to those surrounding residents. The increase in enrollment of eight students (from twelve to twenty) would have a negligible effect on traffic on the streets surrounding the church facility, especially so because the arrival of the students would be spread out over several hours, as would also their departure. The church has abundant off-street parking to accommodate several hundred vehicles, and the Preschool would never be operating at the same time as our weekend church services. The church property is situated at the Southeast corner of its single-family residential zone. Immediately across the street to the south of the church property is a commercially zoned shopping center, with the street between the two parcels being a little trafficked side street. The property immediately to the East of the church contains multistory apartment dwellings. Those dwellings are approximately one hundred feet from the church building. Automobile traffic to and from those apartments primarily uses Hiway 99, with little traffic passing the church. We submit that if the requested Conditional Use Permit is granted, the surrounding property owners would have difficulty observing any difference in the operation of the preschool at such time compared with its present operation. the 18,90 CITY OF EDMONDS 121 5TH AVENUE NORTH • E©MONDS, WA 98020 • {425] 771-0220 • FAX (425) 771-0221 Website: www.d.edmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building • Engineering December 4, 2007 Ms. Mary Sheldahl 4703 - 185'x' Place SW Lynnwood, WA 98037 GARY HAAKENSON MAYOR SUBJECT: NOTICE OF COMPLETE APPLICATION AND ASSIGNMENT OF HEARING DATE Dear Ms. Sheldahl: Your application for a conditional use permit for a preschool located at Edmonds Lutheran Church (23 525 — 84t1i Avenue West) within the RS -8 and RM -1.5 zones has been determined to be COMPLETE and has been scheduled for a hearing at the time and location listed below: Action: Conditional Use Permit Review File Number: CU -2007-66 Date of Meeting: Thursday, January 3, 2008 Time of Meeting: 3:00 PM (or as soon thereafter as possible) Public Safety Complex, Council Chambers I Place: 250 — 5Y1i Avenue North, Edmonds, WA 98020 Hearing Body: Hearing Examiner Please be aware that your presence at the hearing is highly advisable. If an applicant or their representative is not present, the item may be moved to the end of the agenda. Items not reached by the end of the hearing will be continued to the following meeting's agenda. If you have further questions, please do not hesitate to contact me at (425) 771-0220, extension 1224. 1 look forward to working with you on this project. Sincerely, Jen Machuga, Planner Cc: File No. CU -2007-66 Edmonds Lutheran Church Mr. Herman Siqueland 23525 — 84h Ave. W 7823 — 175`1' St. SW - Edmonds, WA 98026 Edmonds, WA 98026 • Incorporated August 11, 1890 • Attachment M Z d � � a' E N = E O CL O a W Ngo �. o° A cn cB a U Q ° U z z u ; m, ACL q m CL w ,. +a . : Q 4. o d o s a is.� z -o 0 = a p ^ •� W uu = _ a 's a vim, d p, Maw._ i �a 9. v� c C c.; o a� au -TJ o� a 3 `�3• s 3 v {�.� tea! t 0 c a�/ 41 o V � ° 0 •- o cc a o c u oc�°. MQ 3Q v o 0 _c� ao-va 2 3 Ot 0 > M a, dam d .O 3 �. a aaw a ift o d a o aoc � M o� Saad a 0 C O N ; p "' d = 3 IL o p mO==�, d = r 4" = a+ M m... • m M ,•, �+ •rCL QO `� •� �iIn d d a+ Q C �' o Q= W Q N Q CL � r C44 N y 0 0 0 0 M o W 2 • _ r� z i CL o a w a 0 V = v° Wa ,�4' `C d ,x 0 .W m — � ,�. a .3 CL as o ao 6 zQ GQ ...w M FILE NO.: CU -07-66 APPLICANT: LUTHERAN CHURCH NOTICE OF APPLICATION & HEARING AFFIDAVIT OF POSTING STATE OF WASHINGTON) COUNTY OF SNOHOMISH) 1, Jen Machuga, first duly sworn, on oath, depose and say: That on the 13th day of December 2007, the attached Notice of Public Hearing was posted as prescribed by Ordinance, and in any event, in the Civic Center and the Library, and where applicable on or near the subject property. Signed — `r Subscribed and sworn to before me this /:3A day of 1220-Z. `��i�.,a�4�ltiSitlS f 11 � 1 r 13 Z �Fi�erjyVVAS'Ao 12 No i Ali and fart tate of Washington. Residing at Com' IIID iaoq Attachment 9 NOTICE OF APPLICATION & HEARING AFFIDAVIT OF MAILING STATE OF WASHINGTON) COUNTY OF SNOHOMISH) I, Diane M. Cunningham, first duly sworn, on oath, depose and say: That on the 13th day of December 2007, the attached Notice of Public Hearing was mailed as required to adjacent property owners, the names of which were provided by the applicant. Signed U Subscribed and sworn to before me this day of � J �ilrr �� Et At sU to S Notary ublic in and fort State of Washington. n. Residing at Attachment 10 From: Fire Marshal John J. Westfall 425.771.0213 V/1A1 Subject: PLN20070066 CU Edmonds Lutheran Church 23525 84 Ave W The following plans have been evaluated under the 2006 International Codes and Edmonds Community Development Code. Pre-school changes to increase hours of operation and to accommodate daycare may require Building Division change of use, including, potentially, additional fire detection and/or fire protection systems or modifications. 1) Clarify extent of entire area on plans included in daycare activities. Show if activities are limited to OFFICESISUNDAY SCHOOL ground level or will include other church areas and basement level areas. Provide square footage calculations for this area. a. Religious educational rooms which are accessory to places of religious worship and have occupant loads less than 100 shall be classified as A-3 occupancies. b. The use of a (portion of a) building for educational, supervision, or personal care service for more than 5 children older than 2 Y2 years of age shall be classified as E occupancy. 2) Indicate current level of WA State licensing for activities and indicate new level and type of State license. Cc: Applicant -Edmonds Lutheran Church, edmondslutheranchurchcc�comcast.net Ms. Mary Sheldahl, elc preschool@comcast.net Assistant Building Official Ann Bullis City of Edmonds * Fire Marshal Attachment 11 MEMORANDUM Date: December 18, 2007 To: Planner Jen Machuga� From; Fire Marshal John J. Westfall 425.771.0213 Subject: PLN20070066 CU Edmonds Lutheran Church 23525 84 Ave W Reply to Resubmittal Dtd November 16, 2007 Current WA state application for daycare license through DSHS for Extended Program does not exceed the specifications established for previous business. The current occupancy is classified as A3 and no separation is required to E occupancies, including daycares and church schools. Please be aware of following restrictions: 1) care for children has been approved only for ages 2 'h yrs and older. 2) The occupant load for the daycare shall not exceed 50. Automatic fire sprinklers will be required for either or both of these conditions and change of use would be required with city approvals. Fire Dept approves existing plans. Cc: Applicant -Edmonds Lutheran Church, edmondslutheranchurch comcast.net Ms. Mary Sheldahl, elc preschool@comcast.net Assistant Building Official Ann Bullis City of Edmonds * Fire Marshal Attachment 12 Yl ♦J�d v v t� V � l J�lJ4S= ^ • a RA •:Jfi 3 Z a CL LL U) LL Co .-c7m LL 4 N, f-za a s� w u�aQ � � 4' D � u1 40 Z EI 0Q lR E-1 Z z Cz C, CL Attachment 13 Co C C � W 3 Z a CL LL U) LL Co .-c7m LL 4 N, f-za a s� w u�aQ � � 4' D � u1 40 Z EI 0Q lR E-1 Z z Cz C, CL Attachment 13 Date; To: From: Subject: MEMORANDUM Apri18, 2002 File Building Permit BP -2001-0282 and Street File 23525 — 8e Avenue W. Meg Gruwell, Senior Planner Parking for Christ Evangelical Lutheran Church In the staff report for the Christ Evangelical Lutheran Church proposed addition and revisions, constructed under building permit # 2001-0282, I calculated parking requirements as follows: As stated in the earlier staff report, the parking requirement for churches is one space per four seats or one space per 40 square feet of assembly area, whichever is greater. The C.E.L.C. has 3000 square feet of sanctuary, which divided by 40 yields a requirement of 75 parking spaces. They also have 192 pew seats, which divided by four, would only require 48 parking spaces. Because the requirement is the larger of the two, we require 75 parking spaces. According to the original site plan submitted, the west parking lot has 49 spaces, the north parking lot has 16 spaces, and the south parking lot had 11 spaces, but four of those were being removed for the addition. The total of all the remaining stalls is 72 spaces, Because the proposed addition is not changing the assembly area or adding pews, the parking requirement will not change_ I have since been provided with a more accurate measurement of the sanctuary (attached), which shows that the area of the sanctuary, excluding the entry is 2888.5 square feet. Because the entry is a separate space, and although perhaps suitable for overflow viewing of the service, not constructed for regular use as a sanctuary, it is acceptable to exclude it from. calculations. Based .on the new measurements, the requirement for parking spaces is 2888.5 divided by 40 equals 72.2 or 72 parking spaces. As noted above, they have at least 72 parking spaces at present, so no new spaces will be required. City of Edmonds cue Community Services Attachment 14 L9 0) Ln Lr! 61 N (D 00 On m 00 t" 00 C\j N II I 41 41 cr Q4 From: Wilson, Mayumi Sent: Wednesday, December 19, 2007 10:36 AM To: Machuga, Jen; Harrison, Marie Subject: FW: Business License for Preschool -----Original Message ----- From: Chase, Sandy Sent, Wednesday, December 19, 2007 10:32 AM To: Wilson, Mayumi Subject: RE: Business License for Preschool Hi Mayumi, I agree, religious organizations are exempt. However, if it is run by an outside organization, we may need a license (similar to a Montessori Preschool that has been licensed in the past). Sandy -----Original Message ----- From: Wilson, Mayumi Sent: Wednesday, December 19, 2007 10:13 AM To: Chase, Sandy Subject: FW: Business License for Preschool Hi Sandy, would you please review Jen's request? Would they be exempt because of the venue and because the school would be under church ownership? Thank you, Mayumi -----Original Message ----- From: Machuga, Jen Sent: Wednesday, December 19, 2007 10:01 AM To: Wilson, Mayumi; Harrison, Marie Subject: Business License for Preschool Hi Mayumi and Marie, I'm working on a conditional use permit to allow for a preschool at the existing Edmonds Lutheran Church (23525 - 84th Ave. W). They currently have a preschool/daycare program for 12 children for approximately 4 hours a day, and they would like to expand to 20 children for approximately 9 hours a day. I'm assuming that they'll need to get a business license, but I wanted to make sure before adding it as a condition of approval Thanks! Jen 1 Attachment 15