Loading...
Decision.pdf4"? C. 1S9v CITY OF EDMONDS 121 STH AVENUE NORTH - Edmonds, WA 98020 - (425) 771-0220 - FAX (425) 771-0221 HEARING EXAMINER In the Matter of the Application of ) NO. CU -2007-97 } Diamond Parking Services ) } FINDINGS, CONCLUSIONS, AND DECISION For a Conditional Use Permit ) ORIGINAL GARY HAAKENSON MAYOR SUAEVfARY OF DECISION The request for a conditional use permit (CUP) to convert an existing parking lot into a commercial parking lot in the Community Business (BC) zone at 102 Main Street in Edmonds is GRANTED, subject to conditions. SUMMARY OF RECORD ftuest: Kenneth Kime, on behalf of the Diamond Parking Services (Applicant), requested a CUP to convert an existing parking lot into a commercial parking lot in the Community Business (BC) zone at 102 Main Street in Edmonds. Hearing Date: The City of Edmonds Hearing Examiner conducted an open record hearing on the request on March 6, 2008. The Hearing Examiner conducted a site view prior to the hearing. Testimonv: At the open record heating, the following individuals presented testimony under oath: 1. Gina Coccia, Planner, City of Edmonds 2. Kenneth Kivme, Applicant Representative 3. Alvin Rutledge Exhibits: At the open record hearing the following exhibits were admitted into the record: Exhibit 1 City of Edmonds Planning Division Staff Report, dated February 26, 2008 Exhibit 2 Zoning and Vicinity Map Exhibit 3 Land Use Application Exhibit 4 Criteria Statement submitted by Applicant Findings, Conclusions, and Decision City of Edmonds Hearing Examiner Diamond Parking CUP, No. CU -2007-97 page I of 6 • Incorporates[ August 11, 1890 Sister City - Hekinan, Japan Exhibit 5 Building Division Memorandum, dated January 3, 2008 Exhibit 6 Public Notices and Affidavits of notice Exhibit 7 Aerial Maps Exhibit 8 Site Plan, dated December 26, 1975 Upon consideration of the testimony and exhibits submitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS 1. The Applicant requested a CUP to convert an existing, vacant parking lot into a commercial parking lot in the Community Business (BC) zone at 102 Main Street in Edmonds! Exhibit 1, page 1; Exhibit 3, Application. A CUP is required to operate a commercial parking lot business in the BC zone. Edmonds Community Development Code (ECDQ 16.50.010. C.1. 2. The CUP application was submitted in December 2007 and deemed complete on January 17, 2008. Exhibit 1, page .2; Exhibit 6. 3. Splash Properties LLC owns the property at 102 Main Street in Edmonds. A representative of Splash Properties signed the CUP application, indicating owner consent to the Applicant's request for conditional use approval. Exhibit 3; Testimony of Mr. Kime. 4. The subject property contains a vacant restaurant (formerly a Skippers seafood establishment) and a parking lot with 25 striped parking spaces.' As proposed, the Applicant would lease the entire parking lot from the owner and rent parking spaces as a commercial venture. At the time of the hearing, the Applicant was unaware of any owner. plans to reestablish a use for the vacant building. The requested CUP would allow commercial, paid parking in the existing parking lot as a land use but would not include a site plan approval establishing which or how many of the existing parking spaces on-site, would be used by the Applicant. Exhibit 1, page 1; Testimony of Ms. Coccia; Testimony of Mr. Kime. 5. The intent of the BC zone includes reserving areas for retail stores, offices, service establishments, and amusement establishments which offer goods and services to the entire community. ECDC 16 50.005. ` The subject property is known as Tax Parcel Number 00454800300700. Exhibit 1, page 2. ' The Applicant indicates that there are 25 striped parking stalls in the parking lot on site; however, the site plan on file with the City frown the original approval of the commercial use of the site shows 23 total parking stalls. Exhibit 1, page 1; Exhibit S; Testimony of Ms. Coccia. Findings, Conclusions, and Decision City of Edmonds Hearing Examiner Diamond Parking CUP, No. CU -2007-97 page 2 of 6 6. The subject property is located in a downtown commercial neighborhood, surrounded by a mix of retail and office uses. Properties to the west have a Commercial Waterfront zoning designation and parcels to the east have a Downtown Business zoning designation. The site and its environs are included in a designated Downtown Master Plan area in the City of Edmonds Comprehensive Plan and are also within a Downtown/Waterfront Activities Center. The Planning Division anticipates that a Master Plan development project encompassing the site will be submitted at an unknown future date. Exhibit I, page 3, Testimony of Ms. Coccia. 7. The Comprehensive Plan includes the following language applicable to the Downtown Master Plan: The properties between SR -104 and the railroad, including Harbor Square, the Edmonds Shopping Center (former Safeway site), and extending past the Commuter Rail parking area and up to Main. Street. This area is appropriate for design -driven master planned development which provides for a mix of uses and takes advantage of its strategic location between the waterfront and downtown. The Iocation of existing taller buildings on the waterfront, and the site's situation at the bottom of "the Bowl," could enable a design that provides for higher buildings outside the current view corridors. Any redevelopment in this area should be oriented to the street fronts, and provide pedestrian -friendly walking areas, especially along Dayton and Main Streets. Development design should also not ignore the railroad side of the properties, since this is an area that provides a "first impression" of the city from railroad passengers and visitors to the waterfront. Artwork, landscaping, and modulated building design should be used throughout any redevelopment project. 2006 Comprehensive Plan, pages 36-37. 8. The site is bordered by Sunset Avenue South (which is State Route 104) and Main Street, which are designated Principal Arterials. Railroad Street, bordering the site to the west, is designated a Local Street. The site is located approximately one block from the Edmonds/Kingston Ferry dock. Exhibit 7, Aerial photograph; Exhibit 1, page 3; Site Visit. 9. The proposed commercial parking lot would utilize the existing parking spaces and existing pay station. No new structures are proposed Parking spaces would be available for lease 24 hours per day, seven days per week. Other than complying with conditions imposed by the City, no alterations to the parking lot are proposed. Exhibit 3; Exhibit 4, Testimony of Mr. Kime. 10. The Applicant submitted a critical areas checklist under file number CRA 1999-143. No critical areas were determined to exist on-site and a waiver from special study requirements was granted Exhibit 1, page 3; Testimony of Ms Coccia. Findings, Conclusions, and Decision City of Edmonds Hearing Examiner Diamond Parking CUP, No. CU -2007-9 7 page 3 of 6 11. The City's Technical Committee, comprised of the Engineering Division and the Fire, Parks and Recreation, and Public Works Departments, reviewed the proposal. The Building Division submitted a memorandum regarding the need to bring the parking lot into compliance with current parking standards. The Building Division noted that the parking lot must be provided with one Americans with Disabilities Act (ADA) accessible parking stall, which must be located as close to the building's accessible entrance as possible. Exhibit 1, page 3; Exhibit 5. Prior to restriping the parking lot, the Applicant would be required to obtain a building permit and to undergo general design review, which would be administratively conducted by Planning Division Staff. Exhibit 1, pages 3 and 5; Testimony of Ms. Coccia. 12. The Applicant requested that CUP approval, if granted, be transferable. Exhibit 3. Planning Division Stall: noted that the subject property is within the Downtown Master Plan area and that a Master Plan is anticipated to be submitted which would incorporate the site. Staff recommended that the CUP, if approved, not be transferable. Exhibit 1, page 6; Testimony of Ms. Coccia. 13. The existing commercial building is 2,400 square feet in area. Pursuant to the City's off- street parking regulations, the building is required to provide 12 parking stalls if used as a restaurant. ECDC 17.5a 020.B, Exhibit 1, page 5. The Applicant indicated that the commercial parking lot use could co -exist with any future development in the existing commercial building on-site.' Exhibit 4, Testimony of Mr. Kime. 14. No evidence of potential detrimental impacts of the commercial parking lot was submitted in the record. Testimony of Ms. Coccia. 15. City staff reviewed the CUP application and recommended approval, subject to conditions. At hearing, the Applicant concurred with the City's analysis and agreed to the recommended conditions of approval, including that the permit not be transferable. Exhibit 1, page 8, Testimony of Ms Coccia; Testimony of Mr. Kime. 16. The proposed conditional use, which involves no construction, is exempt from review pursuant to the State Environmental Policy Act (SEPA). Exhibit 1, page 2; Testimony of Ms. Caccia. 17. Notice of application and public hearing was posted on-site, mailed to neighboring property owners within 300 feet, and published in The Herald on or before January 24, 2008, consistent with the notice provisions of Edmonds Community Development Code (ECDC) 20.91. Exhibit 1, page 2; Exhibit 6, Testimony of Ms. Caccia. ' The Applicant offered a discussion of which parking spaces might be retained for the commercial parking lot use in the event that the owner reopens the commercial building on-site. However, CUP approval would not extend to site plan approval in the instant case. Testimony of Mr. Kime; Exhibit 4, Testimony of Ms. Coccia. The Examiner notes that whatever agreement the Applicant and the owner anter into (regarding who uses which spares) is a private arrangement not subject to land use hearing examinerjurisdiction. Findings, Conclusions, and Decision City of Edmonds Hearing Examiner Diamond Parking CUP, No. CU -2007-97 page 4 of 6 18. Public comment on the application consisted of questions regarding which properties were included within the Downtown Master Plan designation, which Staff addressed at hearing. Testimony ofMr. Rutledge; Testimony of Ms Caccia. CONCLUSIONS Jurisdiction: The Hearing Examiner has jurisdiction to hear and decide CUP requests pursuant to ECDC 20..100.010.A.3 and 20.05.010. 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; 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, willnot 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. As conditioned, the proposed commercial parking lot would be consistent with the applicable City of Edmonds Comprehensive Plan Downtown Master Plan land use designation. Conversion to commercial parking would not alter the existing land use and would continue to provide parking to other commercial uses in the vicinity, consistent with the Comprehensive Plan. Findings Nos. 4, 6, 7, and 8. 2. The proposed commercial parking lot in the existing unused retail parking lot location would be consistent with the purposes of the BC zoning district. Commercial parking lots are allowed with conditional use approval. No structural changes are proposed. Conditions of approval would ensure that the new commercial use complies with current building code provisions. Findings Nos. 4, 5, and ll. 3. The record contains no evidence of detriment to the public health, safety, and welfare from the proposed commercial parking use. Findings Nos. 4, 6, 7, 8, 9, and 10. Findings, Conclusions, and Decision City of Edmonds Hearing Examiner Diamond Parking CUP, No. CU -2007-97 page 5 of 6 4. The CUP would not be transferable to future owners of the subject property. Findings Nos. 7 and 12. DECISION Based on the preceding Findings and Conclusions, the request for a CUP to convert an existing parking lot into a commercial parking lot in the Community Business zone at 102 Main Street in Edmonds, Washington is GRANTED, subject to the following conditions: 1. One parking stall must be accessible for purposes of the Americans with Disabilities Act and it must be located as close to the accessible building entrance as possible. The accessible parking stall must meet the requirements of ICCIANSI Al 17.1 Section 502. The Applicant must obtain a parking lot permit (building permit) for re-striping/re- configuring the parking lot in order to bring it into compliance with current accessibility standards. 2. The Conditional Use Permit shall not be transferable. 3. Approval of the conditional use permit does not relieve the Applicant of the responsibility to comply with all applicable requirements contained in the Edmonds Community Development Code. It is the responsibility of the Applicant to ensure compliance with the various provisions contained in these ordinances. 4. The Applicant must act on the approved conditional use permit within one year from the date of approval or the permit shall expire and become null and void. The Applicant may receive a single one-year extension of CUP approval, if the extension is requested prior to CUP expiration and if the City approves the application for extension. Only one extension is allowed. DECIDED this 2e day of March 2008. Findings, Conclusions, and Decision City of Edmonds Hearing Examiner Diamond Parking CUP, No. CU -2007-97 Toweill Rice Taylor LLC. City of Edmonds Hearing Examiners By: ' Sharon A- Rice page 6 of 6 `nc. 1890 CITY OF EDMONDS GARY HAAKENSON MAYOR 121 STH AVENUE NORTH • Edmonds, WA 98020 • (425) 771-0220 • FAX (425) 771-0221 HEARING EXAMINER RECONSIDERATION AND APPEAL The following is a summary of the deadlines and procedures for filing requests for reconsideration and appeals. Any person wishing to file or respond to a request for reconsideration or an appeal should contact the Planning Division of the Development Services Department for further procedural information. REQUEST FOR RECONSIDERATION Section 20.100.010(G) of the Edmonds Community Development Code (ECDC) requires the Hearing Examiner to reconsider his or her decision or recommendation if a written request is filed within ten (10) working days of the date of the initial decision by any person who attends the public hearing and signs the attendance register and/or presents testimony, or by any person holding an ownership interest in a tract of land which is the subject of such decision or recommendation. The reconsideration request must cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed. APPEALS Chapter 20.105 of the ECDC contains the appeal procedures for Hearing Examiner decisions. Pursuant to Section 20.105.040(A), persons entitled to appeal include (1) the Applicant; (2) anyone who has submitted a written document to the City of Edmonds concerning the application prior to or at the hearing; or (3) anyone testifying on the application at the hearing. Sections 20.105.020(A) requires appeals to be in writing, and state (1) the decision being appealed, the name of the project applicant, and the date of the decision; (2) the name and address of the person (or group) appealing the decision, and his or her interest in the matter; and (3) the reasons why the person appealing believes the decision to be wrong. Pursuant to Section 20.105.020(B), the appeal must be filed with the Director of the Development Services Department within lel calendar days after the date of the decision being appealed. The appeal must be accompanied by any required appeal fee. TIME LUMTS FOR RECONSIDERATION AND APPEAL The time limits for Reconsideration and Appeal run concurrently. If a request for reconsideration is filed before the time limit for filing an appeal has expired, the time clock for filing an appeal is stopped until a decision on the reconsideration request is completed. Once the Hearing Examiner has issued his or her decision on the reconsideration request, the time clock for filing an appeal continues from the point it was stopped For example, if a reconsideration request is filed on day five of the appeal period, an individual would have nine more days in which to file an appeal after the Hearing Examiner issues his decision on the reconsideration request. LAPSE OF APPROVAL Section 20.05.020(C) of the ECDC states: "Time Limit. Unless the owner obtains a building permit, or if no building permit is required, substantially commences the use allowed within one year from the date of approval, the conditional use permit shall expire and be null and void, unless the owner files an application for an extension: of the time before the expiration date." NOTICE TO COUNTY ASSESSOR The property owner may, as a result of the decision rendered by the Hearing Examiner, request a change in the valuation of the property by the Snohomish County Assessors Office. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan d C. 18913 CITY OF EDMONDS 921 5TH AVENUE NORTH • Edmonds, WA 98020 • (425) 771-0220 -,FAX (425) 779.0221 HEARING EXAMINER OFFICE OF THE HEARING EXAMINER CITY OF EDMONDS, WASHINGTON APPLICANT ) Diamond Parldng Services ) } For a Conditional Use Permit ) I, Sharon A. Rice, the undersigned, do hereby declare: Case No. CU -2007-97 DECLARATION OF SERVICE 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; 2. 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; 3. That on March 19, 20081 did serve a copy of the decision in case CU -2007-97 upon the following individuals at the addresses below by first class US Mail. Ken Kime/Diamond Parking SVCS 4719 University Way NE, Ste 203 Seattle, WA 98105 Clerk of the Edmonds City Council 121 Fifth Avenue North, First Floor Edmonds, WA 98020 Roger Herbrich 1020 Puget Drive Edmonds, WA 98026 Splash Properties C/o Kevin Hanchettt/McNaughton Group PO Box 100 Edmonds, WA 98020 Diamond Parking Services 505 — I" Avenue, Ste. 600 Seattle, WA 98104 Alvin Rutledge 7101 Lake Ballinger Way Edmonds, WA 98026 I hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct: ! ( •-- DATED THIS 1 1 qday of T 200 t ashington. Sharon . Rice Toweill Rice Taylor LLC Serving as Hearing Examiner for Edmonds, Washington Incorporated August 11, 1890 Sister City - Hekinan, Japan