Hearing Examiner Decision.pdf2
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CITY OF EDI"'ONDS
1215 1h Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: vrvuw edmondsr a. ov
DEVELOPMENT SERVICES DEPARTMENT . PLANNING DIVISION
BEFORE THE HEARING EXAMINER FOR THE CITY
OF EDMONDS
Phil Olbrechts, Hearing Examiner
RE: Sprouts Preschool and Daycare FINDINGS OF FACT, CONCLUSIONS
OF LAW AND FINAL DECISION
Conditional Use Permit
PLN20150026
INTRODUCTION
The applicant has applied for a conditional use permit to increase the number of
children authorized for a day care center located at 20919 76th Avenue West by a
previous conditional use permit. The conditional use permit application is approved
subject to conditions.
TESTIMONY
Sean Conrad, associate planner, summarized the proposal.
The applicant, Jennifer Gifford, noted that she did not at this time have any plans to
have more than 40 students but that she would like to have the option to expand in the
future.
Alvin Rutledge testified that a sex offender had moved into the vicinity of the project
site. Ms. Gifford noted that no one can go on the day care site without permission
from the adult supervisors and that her facility is licensed and employees are trained
to keep children safe from persons who may be a danger to them.
CU Permit and Design Review P. 1 Findings, Conclusions and Decision
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EXHIBITS
The staff report and attachments 1-11 identified at page 9 of the staff report were
admitted at hearing as Exhibit 1. The staff power point was admitted as Exhibit 2.
Alvin Rutledge's speaking notes were admitted as Exhibit 3.
Procedural:
FINDINGS OF FACT
ppticant and Owner. Sprouts, LLC.
2. lla. a n 1. The Hearing Examiner conducted a hearing on the subject
application on July 23, 2015 at 3:00 pm in the Council Chambers of the Edmonds
Public Safety Complex.
Substantive:
3. Site and Proppo!, a] Descri itiop. The applicant has applied for a
conditional use permit to increase the number of children authorized for a day care
center by a previous conditional use permit. The day care center is located at 20919 76th
Avenue West on a 15,249 square foot parcel. The current preschool and daycare center, The
Trike Stop, received a conditional use permit in 1984 (CU -2-84). As part of the Hearing
Examiner's decision, the daycare center at the time was limited to 30 children. The daycare
center is changing ownership and the new owner would like to increase the number of
children allowed, with an initial increase to 40 children, and the ability to add more children
depending on future building expansion and parking requirements.
4. Characteristics of the Area. Properties to the north, south and east of the
subject site are within the RM -1.5 zoning district. These properties are developed with
multilarnily residences in the form of apartment buildings. West of the project site, across
76`h Avenue West, is a slightly lower density Multi Family Residential zoning district, RM -
2.4. The properties west of the project site are developed with one and two story apartment
buildings.
5. Adverse Impacts of Pro osed 1'ise. There are no significant adverse
associated with the proposal. No critical areas are located on or adjacent to the project
site. The proposal will provide for adequate parking and interior vehicle circulation.
The applicant has submitted a parking and circulation plan that is under review by
City engineering staff for compliance with applicable public works and parking
standards. The parking and circulation plan will be subject to City approval during
building permit review. Similarly, the applicant will be required to comply with City
landscaping standards during building permit review as well, which incorporates
standards for aesthetic buffering to adjoining uses. As the City's parking, landscaping
CU Permit and Design Review p. 2 Findings, Conclusions and Decision
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and engineering standards are adequate with the recommended staff conditions to
address all project parking, aesthetic and interior circulation impacts, no further
mitigation is necessary for the proposal under the conditional use permit process.
As to off-site traffic generation, the staff report concludes that 76th Avenue West, as a
minor arterial, has capacity to accommodate the additional traffic. There being no
evidence to the contrary, the staff s findings, based on the engineering department's
traffic expertise, are determinative on off-site traffic impacts.
Noise generated by the additional students also does not appear to be a significant
impact, since the staff report notes that 76th Ave W. is a busy thoroughfare.
Consequently, the added noise of children playing should not create any appreciable
increase in noise levels.
The residency of a sex offender in the neighborhood is of debatable relevance to a
land use proceeding (especially given that the residency of sex offenders can change
at any time), but in any event the applicant has been apprised of the presence and the
applicant's duty to protect the children on its property is regulated by the state.
CONCLUSIONS OF LAW
Procedural:
1. Authority.of Hearing Examiner. ECDC 20.01.003 provides that the
Hearing Examiner will hold a hearing and issue a final decision on conditional use
permit applications.
Substantive:
2. Zoning Designations. The subject property is zoned Multi -family
business, RM -1.5.
3. Permit Review Criteria. A conditional use permit is required for the
proposed day care expansion because ECDC 16.30.010(C)(3) requires a conditional
use permit for day care in the RM 1.5 zone. The criteria for a conditional use permit
are governed by ECDC 20.050.010. All applicable criteria are quoted below and
applied through corresponding conclusions of law.
ECDC 20.050.010: No conditional use permit may be approved unless all of the
findings in this section can be made.
A. That the proposal is consistent with the comprehensive plan.
4. The proposal is consistent with the Comprehensive Plan. The staff report
analysis of the comprehensive plan, located at Section IX, is adopted and incorporated
by this reference as if set forth in full.
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ECDC 20.05.010(B): Zoning Ordinance. 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 be located, and that the proposed use will meet all
applicable requirements of the zoning ordinance.
5. The staff report analysis of Zoning Ordinance compliance, located at
Section X, is adopted and incorporated by this reference as if set forth in full.
ECDC 20.05.010(C): Not Detrimental. That the use, as approved or conditionally
approved, will not be significantly detrimental to the public health, safety and welfare,
and to nearby private property or improvements unless the use is a public necessity.
6. As discussed in Finding of Fact No. 5, there are no significant adverse
impacts associated with the project. As a consequence, the proposal will not be
significantly detrimental to the public health, safety and welfare or to nearby
properties or improvements.
ECDC 20.05.010(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.
7. The conditional use permit shall run with the land. The impacts of the
proposal are not dependent upon the owner.
DECISION
The conditional use permit is approved, subject to the following conditions:
A. The permit shall be transferable to other future daycare ownership at the
property.
B. If the daycare is expanded such that more than 40 children and/or more
than 5 employees are proposed to be on site at any given time, the additional
parking stalls required by ECDC 17.50, or as amended, must be provided.
C. The maximum age of children served by the daycare center shall be
limited to the age limit established in the definition of "daycare center" of
ECDC 21.20.010.13, or as amended.
D. The applicant shall obtain all necessary building permit approvals and
inspections prior to increasing the number of children at the daycare center.
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E. The applicant is responsible for obtaining all local, state, and/or federal
permits or approvals applicable to the proposal.
F. Compliance with Engineering codes, construction standards and parking
requirements will be reviewed with the building permit application for
development of the site. Applicant is encouraged, wherever feasible, to
incorporate pervious pavements, rain gardens and/or other low impact
development techniques into the project design.
G. Approval of the conditional use permit does not constitute approval of the
improvements as shown on the submitted plans.
H. If the Douglas fir tree is removed to permit the required off-street parking
then, prior to issuance of a building permit, a landscaping plan shall be
reviewed and approved subject to the following:
1. A landscaping area shall be reestablished near the western edge of
the parcel. To facilitate vehicular access, it may be sited further
towards the western property line and may be semi -circular or
otherwise. If desired, this area may be designed as a rain garden to
capture storm water runoff from the pavement on the western portion
of the site. Otherwise, the area shall be planted with Type IV
landscaping (ECDC 20.13.030.D).
2. The applicant shall obtain a right-of-way construction permit prior
to any work within the right-of-way.
I. 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.
Dated this 6th day of August 2015.
{
City of Edmonds Hearing Examiner
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Appeal Right and Valuation Notices
This land use decision is final and subject to closed record appeal to the City Council
as authorized by ECDC 20.01.003. Appeals must be filed within 14 days of the
issuance of this decision as required by ECDC 20.07.004(B). Reconsideration may
be requested within 10 calendar days of issuance of this decision as required by
ECDC 20.06.010.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
CU Permit and Design Review p. 6 Findings, Conclusions and Decision