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Exhibit 1 StaffReport_V-2007-94.pdf CITY OF EDMONDS 121 - 5TH AVENUE NORTH, EDMONDS, WA 98020 PLANNING DIVISION REPORT & RECOMMENDATION TO THE HEARING EXAMINER Project: Edmonds-Woodway High School Softball Field Setback Variance File Number: V-2007-94 Date of Report: January 8, 2008 Planner: ____________________________ Mike Clugston Public Hearing: January 17, 2008 at 3:00 P.M. Edmonds Public Safety Complex: Council Chambers th 250 5 Avenue North, Edmonds WA 98020 I.SUMMARY OF PROPOSED ACTION: The proposal is for a setback variance for one of the four light poles proposed to illuminate the Edmonds- th Woodway (E-W) High School softball field along 212 Street. The softball field area was the subject of a series of improvements during the past year including the installation of new synthetic turf as well as new dugouts and bleachers. The District proposed to light the field in order to extend the hours for practice and th play. The variance would reduce the setback for the light pole along 212 from 20 feet to approximately 14 feet. The following is staff’s analysis of the proposal. II.GENERAL INFORMATION: 1.Owner: Edmonds School District. Site 2.Applicant: Terry McMahan, Edmonds School District. 3.Tax Parcel Number: 27043000104800. th 4.Location: 7600 212 Street SW, Edmonds. 5.Zoning: Public Use – P (see inset). 6.Acreage / Square Footage: 1.25 acres (softball field area only), approximately 31 acres overall. 7.Proposed Use: Lighted synthetic turf softball field. 8.Existing Use: Synthetic turf softball field. III.HISTORY / BACKGROUND: City of Edmonds Zoning Map, December 14, 2007 This application was submitted on December 6, 2007 and was determined to be complete at that time. The setback variance is sought as a condition of approval of conditional use permit CU-07-45 (Exhibit 7). The conditional use permit was required to allow construction of 60-foot playfield lighting structures at the softball field according to ECDC 16.80.010. Exhibit 1 Staff Report Edmonds High School – Setback Variance File Number: V-2007-94 IV.SEPA THRESHOLD DETERMINATION: While an environmental determination is not specifically required with this variance proposal, the Edmonds School District did issue a Determination of Nonsignificance for the proposed softball field lights on May 17, 2007, as part of the conditional use permit application CU-07-45 (Exhibit 6). V.PUBLIC HEARING NOTICE: A “Notice of Application and Hearing” was published in the Herald Newspaper, posted at the subject site, as well as the Public Safety Complex, Community Development Department, and at the Library on December 20, 2007 and again on January 3, 2007. These notices were also mailed to residents within 300 feet of the site on October 23, 2007. The City has complied with the noticing provisions of ECDC 20.91 (Public Hearings and Notice). An Affidavit of Publication, an Affidavit of Mailing, and an Affidavit of Posting are included as attachments to this report (Exhibit 5). VI.TECHNICAL COMMITTEE: This application was reviewed and evaluated by the City’s Fire Department, Engineering Division, Parks and Recreation Department, and the Public Works Department. No comments were received. VII.NATURAL ENVIRONMENT: 1.Topography: The subject property is essentially flat. 2.Soils: According to the USDA Soil Survey, soils in the immediate area of the softball field are a 60/40 split of the McKenna gravelly silt loam (0-8% slope) and the Alderwood urban land complex (8-15% slope). 3.Critical Areas: A Critical Areas Determination was conducted for this site, file CRA-1994-0037, and a waiver was granted. 4.Wildlife: Typical of an urban/residential environment (songbirds, squirrels, etc. are assumed). 5.Vegetation: The area surrounding the softball field is landscaped with typical urban vegetation and grass. VIII.NEIGHBORHOOD CHARACTERISTICS: The neighborhood is a mix of both single- and multi-family residential structures along with neighborhood business and medical uses toward the east (see Zoning inset on previous page). The parcels immediately adjacent to the subject parcel are multi- family residential (RM-2.4) with the exception of the parcels located across the intersection of 212th and 76th on the northeast which are Neighborhood Business (BN). Slightly further away from the northwest corner of the property (where the lights are proposed to be sited) are single-family dwellings zoned (RS-8). IX.COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as Public Use with a School Overlay (see inset at right). The site is further defined as a Master Planned Development. The Edmonds School District No. 15 Capital Facilities Plan 2004 – 2009 was adopted by reference in the Comprehensive Plan. The CFP identified E-W High School as a subject of playfield and athletic facility improvements during the period. City of Edmonds Comprehensive Plan Map, December 2006 Page 2 of 4 Edmonds High School – Setback Variance File Number: V-2007-94 X.PUBLIC COMMENTS: To date, no public comments have been received. XI.APPLICABLE CODES: ECDC 16.80 (Public Use – P) 1. A.The structures are subject to the bulk regulations of the Public Use zone for setbacks (20-foot setbacks from public streets and other property lines and 25-foot setbacks from adjacent residentially zoned properties – ECDC 16.80.030.A) and height (25 foot height limit) with the exception that structures may be a maximum of 60 feet in height with the approval of a conditional use permit – ECDC 16.80.030.B. Hearing Examiner Approval of CU-07-45 2. Review by the Hearing Examiner was required for the 60-foot playfield light structures. The project was approved on October 31, 2007, subject to several conditions (Exhibit 7). Condition 2 indicated that “the Applicant must apply for and receive approval of a variance, as provided in ECDC Chapter 20.85, from the required 20-foot minimum setback for the pole proposed to be located on the first base th line, along the athletic field’s northern border with 212 Street SW, prior to building permit issuance.” The other three lighting structures met the setback requirements of the Public Use zone. ECDC 20.85 (Variances) 3. An applicant may request a variance from the standards of ECDC 16.80.030 pursuant to the procedures set forth in ECDC 20.85. This chapter also sets forth the mechanism whereby a provision of the code may be varied on a case-by-case basis if the application of the provision would result in an unusual and unreasonable hardship. ECDC 20.85.010 contains the findings that must be made in order for a Variance application to be approved. According to the referenced code section, “No variance may be approved unless all of the findings in this section can be made.” The findings are as follows: Special Circumstances. That, because of special circumstances relating to the property, the strict enforcement of the zoning ordinance would deprive the owner of use rights and privileges permitted to other properties in the vicinity with the same zoning; Special circumstances include the size, shape, topography, location or surroundings of the property, public necessity as of public structures and uses set forth in ECDC 17.00.030 and environmental factors such as vegetation, streams, ponds and wildlife habitats; Special circumstances should not be predicated upon any factor personal to the owner such as age or disability, extra expense which may be necessary to comply with the zoning ordinance, the ability to secure a scenic view, the ability to make more profitable use of the property, nor any factor resulting from the action of the owner or any past owner of the same property; Special Privilege. That the approval of the variance would not be a grant of special privilege to the property in comparison with the limitations upon other properties in the vicinity with the same zoning; Comprehensive Plan. That the approval of the variance will be consistent with the comprehensive plan; Zoning Ordinance. That the approval of the variance will be consistent with the zoning ordinance and the zone district in which the property is located; Not Detrimental. That the variance as approved or conditionally approved will not be significantly detrimental to the public health, safety and welfare or injurious to the property or improvements in the vicinity and same zone; Minimum Variance. That the approved variance is the minimum necessary to allow the owner rights enjoyed by other properties in the vicinity with the same zoning. Page 3 of 4 Edmonds High School – Setback Variance File Number: V-2007-94 A.The Applicant has submitted a Criteria Statement explaining why they believe they should be granted the proposed variance (Exhibit 4) and staff generally agrees with these arguments. XII.CONCLUSIONS: 1.Special Circumstances – Special circumstances exist on the property including a limited amount of space to locate the proposed improvements. The alternative to placing the light in the proposed th location along 212 Street would be the impractical placement of the structure within the softball infield. 2.Special Privilege – Public uses such as the E-W High School site are unique within the surrounding neighborhood. Adjacent athletic fields on the site such as the football field are already illuminated. Illumination of the softball field was conditionally approved as part of permit CU-07-45. 3.Comprehensive Plan – See Section IX of this report for a discussion on consistency with the Comprehensive Plan for the City of Edmonds. 4.Zoning Ordinance – 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 Variance is approved, all four of the light poles will then be consistent with the Zoning Ordinance. 5.Not Detrimental – Staff feels that this proposal is not detrimental. The environmental review conducted pursuant to the conditional use permit (CU-07-45) did not identify any adverse impacts with the proposal. Also, public comment on that permit was addressed by the applicant and also by the Hearing Examiner in the conditions of approval of that permit (Exhibit 7). 6.Minimum Variance – Staff feels that the street setback variance is the minimum necessary to allow placement of the light pole along the first base line to comply with other codes. XIII.RECOMMENDATIONS: Based on the analysis and attachments to this report, staff recommends APPROVAL of the setback variance. XIV.PARTIES OF RECORD: Cammi Anderson Planning Division Shockey/Brent, Inc. Engineering Division 2716 Colby Avenue Everett, WA 98201 Terri McMahan Edmonds School District th 20420 68 Avenue W Lynnwood, WA 98036 XV.EXHIBITS: 1.Staff Report dated January 8, 2008 2.Land Use Application 3.Site Plan 4.Criteria Statement 5.Public Notices (Notices of Application and Hearing and Affidavits of Mailing and Posting) 6.Staff Report to the Hearing Examiner for CU-07-45 7.Hearing Examiner’s Decision for CU-07-45 Page 4 of 4