HE Decision.pdf1PC. 189v
CITY OF E D M O N D 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 -2009-02 (Yunhap Preschool)
Korean United Presbyterian Church of Seattle ) FINDINGS, CONCLUSIONS,
AND DECISION
For a Conditional Use Permit. )
SUMMARY OF DECISION
The request for a conditional use permit to expand the existing Yunhap Preschool at 8505 240`h
Street SW is GRANTED, subject to conditions.
SUMMARY OF RECORD
Request:
Shelly Choi, acting on behalf of Korean United Presbyterian Church of Seattle (Applicant),
requested a conditional use permit (CUP) to expand the existing Yunhap Preschool at the
church's Vision Dream Center building located at 8505 24& Street. The Applicant proposes to
increase the number of preschool students from 11 to a maximum of 50, and to provide before
and after school childcare for a maximum of 25 students.
Hearing Date:
The City of Edmonds Hearing Examiner viewed the site and conducted an open record hearing
on the request on June 4, 2009.
Testimony:
At the open record hearing, the following individuals presented testimony under oath:
1. Michael Clugston, Planner, City of Edmonds
2. Shelly Choi, Preschool Director, representing the Applicant
3. Kathleen Serwold
4. Alvin Rutledge
Exhibits:
At the open record hearing the following exhibits were admitted into the record:
Staff Report dated May 26, 2009, with the following attachments:
1. Land Use Application riled February 6, 2009
2. Applicant's Criteria Statement filed April 7, 2009
3. Site Plan received April 7, 2009
4. Floor Plan received April 7, 2009
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Yunhap Preschool CUP, No. CU -2009-02 page 1 of 8
• Incorporated August 11, 1890 •
Sister City - Hekinan, Japan
5. Request for Additional information dated February 18, 2009
6. Notice of Development Application
7. Notice of Development Application Affidavit of Posting
8. Notice of Development Application Affidavit of Mailing
9. Notice of Development Application Affidavit of Publication
10. Notice of Complete Application dated April 30, 2009
I.I. Notice of Hearing
12. Notice of Hearing Affidavit of Posting
13. Notice of Hearing Affidavit of Mailing
14. Building Division Comments dated April 29, 2009
15. Memorandum from Jeanie McConnell, Engineering, dated April 30, 2009, with Trip
Generation and Impact Fee Assessment dated March 27, 2009, Traffic Impact Analysis
Worksheet received April 7, 2009, Vicinity Map, Traffic Impact Analysis Worksheet
received October 2, 2003, and Accident History
16. Letter from Kathleen Serwold dated May 31, 2009
17. Notice of Hearing Affidavit of Publication
Upon consideration of the testimony and exhibits submitted at the open record hearing, the
Hearing Examiner enters the following Findings and Conclusions:
FINDINGS
The Applicant requested a CUP to expand the existing Yunhap Preschool at the church's
Vision Dream Center building located at 8505 240'' Street. The Applicant proposes to
increase the number of preschool students from 11 to a maximum of 50, and to provide
before and after school childcare for a maximum of 25 students. Exhibit A, page 1;
Exhibit A, Attachments 1, 2, 3, and 4.
2. The subject property is zoned Single Family Residential (RS -8). Churches are a primary
permitted use in the RS -8 zone, and preschools are allowed as a secondary use with
conditional use permit approval. Section 17.100.020 of the Edmonds Community
Development Code (ECDC) limits secondary uses in churches to those that are
subordinate to the primary use of free worship with respect to at least two of the
following criteria: (a) the amount of space allocated to the use, (b) the duration of the use,
or (c) the number of people served or involved in the use. The proposed preschool use
would be subordinate to the primary use of free worship based on criteria (a) and (c). The
preschool would occupy 4,577 square feet of the 36,261 -square -foot Vision Dream
Center building, which is a support building for the primary church building located
immediately to the north (see Exhibit A. Attachment 3, Site Plan), and would utilize an
existing 2,600 -square foot outdoor play area. The church campus totals approximately
four acres in area. Approximately 1,500 adults attend worship services, which is a
significantly larger number of people than would be served by the proposed preschool.
Exhibit A, pages 1 and 4; Exhibit A, Attachments 2, 3 and 4; Testimony of Ms. Choi;
ECDC 16.20.010; ECDC 17.100.020.
3. The church campus has frontage and access driveways on 238'' Street SW to the north
and 240'h Street SW to the south. Edmonds. Way (SR -104) is to the west of the subject
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Yunhap Preschool CUP, No. CU -2009-02
page 2 of 8
property (the intersection of 240"' Street SW and Edmonds Way is at the southwest
corner of the property, but there are intervening parcels between the subject property and
the intersection of 238th Street SW and Edmonds Way), and 84th Avenue West is to the
east of the subject property. Surrounding land uses include single-family residential
development (RS -8) to the west, north, and south, and multi -family residential
development (RM -2.4) to the south. Exhibit A, page 3.
4. The Comprehensive Plan designation of the majority of the subject property is "Single -
Family -- Urban 1 ". The designation of a small portion of the southwest corner of the
subject property is "Edmonds Way Corridor." Exhibit A, page 3. The Comprehensive
Plan contains goals for development in residential areas, including the following:
B.5 Protect residential areas from incompatible land uses through the careful
control of other types of development and expansion based upon the following:
B.5.a Residential privacy is a fundamental protection to be upheld by local
government.
B.5.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.5.d. Private property must be protected from adverse environmental impacts of
development including noise, drainage, traffic, slides, etc.
Exhibit A, page 3.
5. The proposed hours of operation are from 7:00 a.m. to 6:00 p.m. The main preschool
program, which would serve a maximum of 50 students, would be from 9:00 a.m. to 1:30
p.m. The 50 -student limitation is consistent with state licensing guidelines for the facility.
The early morning (7:00 to 9:00 a.m.) and afternoon (1:30 to 6:00 p.m.) hours would be
for before and after school care, and would be limited to 25 students to minimize PM
peak hour traffic. The Applicant does not expect actual enrollment to reach the maximum
numbers proposed. Exhibit A, Attachment 2; Testimony of Ms. Choi.
6. There are currently two staff members for the 11 -student preschool. Assuming an
enrollment of 25 students, the Applicant anticipates that there would be four staff
members on site. Testimony of Ms. Choi. .
7. The Applicant does not propose any exterior modifications of the site other than
installing a fence around the existing outdoor play area. Per the comments of the City
Building Official, a fence permit is required. The play area is in the interior of the site
(surrounded by church buildings and parking areas) and not immediately adjacent to
single-family residential uses. Exhibit A, page 2; Exhibit A, Attachments 2, 3 and 14.
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Yunhap Preschool CUP, No. CU -2009-02 page 3 of 8
8. The Applicant does not propose any interior modifications to the building. The portion of
the Vision Dream Center building to be used for the preschool is already partitioned into
classrooms, an enclosed play area, a kitchen, and restroom facilities. In comments dated
April 29, 2009, the City Building Official noted that a Change of Use/Compliance Permit
is required to change all rooms associated with the preschool to an E occupancy.
Currently only the existing classrooms are E occupancy. Exhibit A, Attachments 2, 4 and
14.
9. The existing parking on site is adequate to serve the expanded preschool use. There are
more than 120 on-site parking spaces surrounding the Vision Dream Center building.
Because the preschool use would not coincide with weekend worship services, the
parking would be available to the use. The number of parking spaces required by the
ECDC is only 24, calculated at one space per 300 square feet devoted to the use (in this
case 7177 square feet, including the outdoor play area). Exhibit A, page 4 and Attachment
3.
10. At the time the Vision Dream Center building was constructed, the City assessed traffic
impact fees based on 25 PM peak hour trips. Because the preschool would operate
outside of worship service times, the City determined that no additional traffic impact
fees would be required for the preschool as long as the number of PM peak hour trips
does not exceed 25.1 The only portion of the use that would generate PM peak hour trips
is the after school childcare, which the Applicant proposes to limit to 25 students. Based
on a professional transportation report, which has been approved by the City Engineer,
the use would generate 21 PM peak hour trips (10 entering, 11 exiting) with the proposed
25 -student limit. Exhibit A, Attachment 15.
11. Public comment on the application related to traffic speeds on Edmonds Way and related
safety concerns for the children attending the preschool. There is no traffic light at either
the 240th Street or 2381' Street intersections with Edmonds Way. One member of the
public requested that a traffic light be installed at the 240th Street intersection, which is
the one closest to the driveway to the Vision Dream Center building. The reason for the
request was not that traffic is excessive, but that traffic speeds are high for westbound
drivers as they pass beneath the SR -99 overpass towards the subject property. The traffic
is not slowed by traffic lights, and the intersection of 240th Street comes after a curve in
the road and is not expected. Exhibit A, Attachment 16; Testimony of Ms. Serwold;
Testimony of Mr. Rutledge.
1.2. In response to the traffic speed concern, the Applicant suggested that one of the site
access points could be gated to direct traffic to 238th Street. Testimony of Ms. Choi.
However, the intersection of 2381h Street is not necessarily safer. The accident history
attached to a 2003 traffic impact analysis (prepared prior to construction of the Vision
Dream Center building) indicates that between 2000 and 2003 there were several
t The weekday PM peak hour generally falls between 4:00 and 6:00 p.m. Exhibit A, Attachment 15, Trip Generation
Assessment.
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Yunhap Preschool CUP, No. CU -2009-02
page 4 of 8
accidents at the intersections of 238"' Street with Edmonds Way and 84th Avenue West.
Exhibit A, Attachment 15.
13. The City Planner commented that the Washington State Department of Transportation is
responsible for signaling SR -104, and that the traffic impact from the proposed
development would not be significant. Testimony of Mr. Clugston.
14. The City determined the application to be exempt from review under the State
Environmental Policy Act (SEPA). Exhibit A, page 2.
15. Notice of the application was posted on site, at the Civic Center, and at the Library on
February 19, 2009, mailed to adjacent property owners on February 19, 2009, and
published in The Herald on February 20, 2009. Exhibit 1, Attachments 6-9. Notice of the
open record hearing was mailed to adjacent property owners on May 20, 2009, posted on
site, at the Civic Center, and at the Library on May 21, 2009, and published in The
Herald on May 21, 2009. Exhibit 1, Attachments 11-13 and 17.
16.. City staff evaluated the application against the criteria for CUP approval and
recommended approval, subject to conditions that (1) the preschool only operate during
weekdays so as not to conflict with worship services, (2) preschool enrollment is limited
to 50 students and before/after school care is limited to 25 students, (3) the permit be
personal to the Applicant, and (4) the use comply with all applicable requirements of the
ECDC. Exhibit A, pages 5-6. The Applicant concurred with the conditions recommended
by staff. Testimony of Ms. Choi.
CONCLUSIONS
Jurisdiction:
As of the date of the open record hearing, the Hearing Examiner had jurisdiction to hear and
decide CUP requests pursuant to ECDC 20.100.010.A.3 and 20.05.020. The City has since
amended its procedural regulations. As of June 12, 2009 the Hearing Examiner has jurisdiction
to hear and decide CUP requests pursuant to ECDC 20.01.003 and ECDC 20.05.020 (as
amended).
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, will not
be significantly detrimental to thepublic health, safety and welfare, and to
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Yunhap Preschool CUP, No. CU -.2009-02 page 5 of 8
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. 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.
Conclusions Based on Findings:
1. With conditions of approval, the proposed use is consistent with the Comprehensive
Plan. The use is compatible with surrounding residential uses. The use would not detract
from residential privacy because it would be conducted within an existing building or
within an enclosed outdoor play area that is set back from exterior property lines. With
conditions limiting enrollment during the peak afternoon traffic hours and requiring the
preschool to operate during the business week and not during the weekend (when regular
worship services are scheduled), the traffic generated by the use would not adversely
affect surrounding residential development. Findings 2, 3, 4, 5 and 10.
2. With conditions of approval, the proposed use in the proposed location is consistent
with the purposes of the zoning ordinance and the RS -8 zoning district, and will
meet all applicable requirements of the zoning ordinance. One of the purposes of the
RS zone is "to provide for additional nonresidential uses which complement and are
compatible with single-family dwelling use." The proposed preschool use would
complement and be compatible with surrounding residential uses. The use would comply
with applicable "secondary use" and parking requirements. No new structures are
proposed, other than a playground fence. The conditions of approval address the
comments of the City's Building Official. Findings 2, 5, 6, 7, 8, and 9.
3. As conditioned, the use will not be significantly detrimental to the public health,
safety, and welfare, and to nearby private property or improvements. The traffic
impacts associated with use. of the Vision Dream Center were analyzed and mitigated
when the building was constructed a few years ago. The proposed before and after school
program would be limited to 25 children to ensure that the impact does not exceed the
previously paid mitigation amount. The main preschool program would be conducted
during off-peak hours. Findings 5 and 10.
Although the Hearing Examiner finds the evidence credible that there are safety concerns
at intersections along Edmonds Way, these are pre-existing conditions. For the Hearing
Examiner to require off-site road improvements there must be a nexus between a
development impact and the need for the improvements, and the improvements must be
proportional to the impact. The installation of a traffic signal (a major improvement) far
exceeds the traffic impact of the proposed development. Further, the Hearing Examiner
does not have jurisdiction to require installation of a traffic signal along the state
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Yunhap Preschool CUP, No. CU -2009-02
page 6 of 8
highway. Traffic signals can only be installed when certain criteria are satisfied, and it is
up to the Department of Transportation to determine when a signal is required. Findings
10, 11, 12, and 13.
The Hearing Examiner concludes that, with conditions designed to limit peak hour traffic,
the use would not be "significantly detrimental" to public safety. Because there are
several access routes to and from the church building (including cast towards 84"' Avenue
and SR -99), it cannot be assumed that all site -generated traffic would use Edmonds Way.
Findings 3, 10, and 13.
4. Because approval of the use is based on compliance with the church secondary use
standards, which require consideration of the number of people served by the church for
worship activities (which number would change with each successive owner), the CUP
shall be personal to the Applicant and not transferable to future users of the property.
Findings 2 and 16.
DECISION
Based on the preceding Findings and Conclusions, the request for a conditional use permit to
expand the existing Yunhap Preschool at 8505 240`x' Street SW (including the provision of before
and after school care) is GRANTED, subject to the following conditions:
1. The Applicant shall limit the preschool's days of operation to Monday through Friday.
The preschool shall not be operated on weekends.
2. Enrollment in the main preschool program (morning and early afternoon hours) shall not
exceed 50 children. Enrollment in the before and after school program shall not exceed
25 children. Any increase in preschool or before/after school program enrollment shall
require a new conditional use permit.
3. This conditional use permit shall be personal to the Korean United Presbyterian Church
of Seattle and shall not be transferable to future users of the property.
4. The Applicant shall obtain a fence permit prior to constructing the playground fence; and
shall obtain a Change of Use/Compliance Permit to change the occupancy of the
preschool rooms, as needed.
5. The use is subject to all applicable requirements of the Edmonds Community
Development Code (ECDC), and it is the responsibility of the Applicant to ensure
compliance with the requirements.
6. Any signs associated with the preschool shall comply with ECDC 20.60.
DECIDED this 18`x'. day of lune 2009.
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Yunhap Preschool CUP, No. CU -2009-02
Toweill Rice Taylor LLC
City of Edmonds Hearing Examiners
LeAnna C. Toweill AJC
page 7 of 8
RECONSIDERATION AND APPEAL
The following is a summary of the deadlines and procedures for filing requests for
reconsideration and appeals. An person wishing to file or respond to a request for
reconsideration or an qpyeal should consult the relevant ordinances and/or contact the Plannin
Division of the Development Services De artment for further procedural information.
REQUEST FOR RECONSIDERATION
Section 20.06.0 10 of the Edmonds Community Development Code (ECDC) contains the
procedures for requesting reconsideration of a Hearing Examiner decision. Requests for
reconsideration must be filed with the City Planning Director within 10 calendar days of the
Hearing Examiner's decision. The filing deadline is 4:30 p.m. on the last business day of the
reconsideration period. Only parties of record (i.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 20.05.020(B) and ECDC 20.07.006, appeals of a decision of the Hearing
Examiner on conditional use permit applications are to superior court in accordance with the
Land Use Petition Act (RCW 36.70C). Appeals must be filed within 21 days of decision
issuance. Filing a request for reconsideration is not a prerequisite to filing an appeal.
EFFECT OF REQUEST FOR RECONSIDERATION ON APPEAL DEADLINE
The timely filing of a request for reconsideration stays the Hearing Examiner's decision until
such time that the Hearing Examiner issues a decision on reconsideration, and any judicial
appeal must be filed within 21 days of the decision on reconsideration.
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.
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Yunhap Preschool CUP, No. CU -2 009-02 page 8 of 8
lnc.18°)"'
CITY OF E D M O N D S GARY HAAKENSON
MAYOR
121 STH AVENUE NORTH • Edmonds; WA 98420.(325) 771-0220 • FAX (425) 771-0221
HEARING EXAMINER
in the Matter of the Application of ) NO. CU -2009-02 (Yunhap Preschool)
Korean United Presbyterian Church of Seattle } DECLARATION OF SERVICE
For a Conditional Use Permit. )
DECLARATION
I, LcAnna C. Toweill, the undersigned, do hereby declare:
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 Idaho, over the age of eighteen (18), and competent to be a
witness and make service herein;
3. That on June, 2009, I did serve a copy of the decision in case CU -2009-02 upon the
following individuals via U.S. first class mail:
1. Shelly Choi
850623 81h Street SW
Edmonds, WA 98026
2. City of Edmonds Development Services Dept.
Attn: Diane Cunningham
121 - 5th Avenue North
Edmonds, WA 98020
3. Edmonds City Council
121 - 5th Avenue North —1St Floor
Edmonds, WA 98020
4. Kathleen Serwold
8515242 nd Street SW, #106
Edmonds, WA 98026
5. Alvin Rutledge
7101 Lake Ballinger Way
Edmonds, WA 98026
• Incorporated August 11, 1890 •
Sister City - Hekinan, Japan
I hereby declare under penalty of perjury under the laws of the State of Idaho that the foregoing
is true and correct:
DATED THIS 4 p day of June, 2009 at Boise, Idaho.
a-44 0-
LeAnna C. Toweill
Toweill Rice Taylor LLC
Serving as Hearing Examiner for Edmonds, Washington