StaffReport CU-07-45.pdf
CITY OF EDMONDS
121 - 5TH AVENUE NORTH, EDMONDS, WA 98020
PLANNING DIVISION ADVISORY REPORT
FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS
To:
Hearing Examiner
From
:
Michael Clugston
Planner
Date:
OCTOBER 9, 2007
File:
CU-2007-45
EDMONDS-WOODWAY HIGH SCHOOL SOFTBALL FIELD LIGHTS
Hearing Date, Time, and Place: :
October 18, 2007 at 300 PM
Council Chambers
Edmonds Public Safety Complex
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250-5 Avenue North
Applicant:
Terry McMahon, Edmonds School District
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20420 68 Avenue West
Lynnwood, WA 98036
TABLE OF CONTENTS
Section Page
I.INTRODUCTION..............................................................................................................2
A. A..........................................................................................................................................2
PPLICATION
B. R..............................................................................................................................2
ECOMMENDATIONS
II.FINDINGS OF FACT AND CONCLUSIONS................................................................3
A. SD..................................................................................................................................3
ITE ESCRIPTION
B. ECDC(ECDC)C...................................................3
DMONDS OMMUNITY EVELOPMENT ODE OMPLIANCE
C. ECPC....................................................................................5
DMONDS OMPREHENSIVE LAN OMPLIANCE
D. TC.........................................................................................................................5
ECHNICAL OMMITTEE
E. PC................................................................................................................................5
UBLIC OMMENTS
III.RECONSIDERATION AND APPEALS.........................................................................6
A. RR...........................................................................................................6
EQUEST FOR ECONSIDERATION
B. ACUP...............................................................................................6
PPEALS OF ONDITIONAL SE ERMITS
C. TLRA...............................................................................6
IME IMITS FOR ECONSIDERATION AND PPEALS
IV.NOTICE TO THE COUNTY ASSESSOR......................................................................6
V.LAPSE OF APPROVAL FOR THE CONDITIONAL USE PERMIT........................6
VI.ATTACHMENTS..............................................................................................................6
VII.PARTIES OF RECORD...................................................................................................7
Edmonds-Woodway High School Lights
File No. CU-07-45 Page 2 of 7
I.INTRODUCTION
The applicant proposes to construct four 60-foot light poles to light the fast-pitch softball field on the
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Edmonds-Woodway High School campus located at 7600 212 Street SW. As indicated on Attachment 2,
the facility is zoned Public Use (P).
A pre-application meeting with City staff regarding redevelopment of the softball field area was held on
September 6, 2006. A building permit for grading and drainage improvements, two dugouts, and some
fencing was applied for on October 16, 2006, and issued on March 6, 2007 (BLD-2006-1168). The
Edmonds School District issued a Determination of Nonsignificance for the proposed lights project on May
17, 2007. The subject land use application was submitted to the City of Edmonds Development Services
Department on May 22, 2007. Additional information was requested to complete the application on June 7,
2007, and that information was received on September 14, 2007.
A.Application
1.Applicant: Terri McMahan of the Edmonds School District.
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2.Site Location: 7600 212 Street SW, Edmonds.
3.Request: A Conditional Use Permit to allow installation of four light poles to light the fast-
pitch softball field on the Edmonds-Woodway High School campus.
4.Review Process: Conditional Use Permit Hearing Examiner conducts a public hearing and
makes the final decision.
5.Major Issues:
a.Compliance with Edmonds Community Development Code (ECDC) Chapter 16.80
(PUBLIC USE).
b.Compliance with Edmonds Community Development Code (ECDC) Chapter 20.05
(CONDITIONAL USE PERMITS).
c.Compliance with Edmonds Community Development Code (ECDC) Chapter 20.15A
(Environmental Review - SEPA).
d.Compliance with Edmonds Community Development Code (ECDC) Chapter 23.40
(Environmentally Critical Areas General Provisions).
e.Compliance with the City of Edmonds Comprehensive Plan.
B.Recommendations
Based on Findings of Fact, the Conclusions in, and Attachments to this report, the following is the
recommendation of the City of Edmonds Planning Division:
The conditional use permit (CU-07-45) should be APPROVED with the following condition:
1.This application is subject to the applicable requirements contained in the Edmonds
Community Development Code (ECDC). It is the responsibility of the applicant to ensure
compliance with the various provisions contained in these ordinances.
Edmonds-Woodway High School Lights
File No. CU-07-45 Page 3 of 7
II.FINDINGS OF FACT AND CONCLUSIONS
A.Site Description
Site Development, Neighboring Development, and Zoning:
1.
a)Facts:
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(1)Size: The subject property is on the corner of 212 Street SW and 76 Avenue W. It
is rectangular in shape and approximately 31.09 acres in size. The softball field is in
the northwest corner of the parcel and covers approximately 1.25 acres. The
applicant is proposing to install four 60-foot light poles around the softball field: one
along both the first- and third-base lines, one near the right field corner and the other
near the left field corner (Attachment 4).
(2)Land Use: The property is developed as the Edmonds-Woodway High School
campus and contains school buildings, lighted athletic fields, and parking lots. The
request for additional playfield lighting for the softball field requires a conditional
use permit.
(3)Zoning: The zoning of the subject property is Public Use (P).
(4)Terrain and Vegetation: The subject property is essentially flat and is landscaped
with typical urban vegetation and grass.
Surrounding Development and Zoning:
2.
a)Facts:
(1)The neighborhood is a mix of both single- and multi-family residential structures
along with neighborhood business and medical uses toward the east (Attachment 2).
The parcels immediately adjacent to the subject parcel are multi-family residential
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(RM-2.4) with the exception of the parcels located across the intersection of 212
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and 76 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).
B.Edmonds Community Development Code (ECDC) Compliance
ECDC Chapter 16.80: Public Use (P)
1.
a)Facts:
(1)The property is currently zoned Public Use (P). Schools are permitted primary uses
in the public use zone (ECDC 16.80.010.A..4). Playfield lighting requires a
conditional use permit (ECDC 16.80.010.C.3).
(2)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.
(3)The criteria set forth in ECDC 16.80.020 must also be considered when reviewing
conditional use permits in the public use zone.
b)Conclusions:
(1)The proposal appears to meet the site development standards as defined in ECDC
16.80.030. The applicant has requested to install four 60-foot light poles as part of
this application. The right field light pole is setback greater than 25 feet from the
property line on the west where the field abuts residential property (approximately 30
Edmonds-Woodway High School Lights
File No. CU-07-45 Page 4 of 7
feet from RM-1.5 zoned property). The pole on the first-base side has a required 20-
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foot setback from 212 Street SW. This pole will be set back approximately 14 feet.
The location of this pole was approved during the review of the building permit
issued on March 16, 2007 and is therefore vested to this application.
(2)The proposal also appears to meet the conditional use permit criteria set forth in
ECDC 16.80.020.
(a)Impact of the proposal on the visual and aesthetic character of the
neighborhood. The applicant has proposed to use 20/30 foot-candle light
poles fitted with spill and glare control fixtures with down-shielding to
reduce obtrusive light, including glare, spill light and sky glow.
(b)Orientation of facilities to developed or undeveloped residential areas. The
proposed lights will be directed at the softball field and be constructed to
reduce light spill off-site.
(c)Preservation of natural vegetation and/or other natural features. The
subject site is currently fully developed as a softball field.
(d)Hours of operation; performance standards; conformance of the proposal
with the citys noise ordinance. Activities on the softball field must end at
10pm in order to comply with the Citys noise ordinance.
(e)Ability of the proposal to provide for adequate on-site parking; and traffic
impacts of the proposal on the neighborhood. There will be no change to
existing parking as a result of the project. Additional traffic will be
generated by extending the usable hours of the softball field but the traffic
will be occur during non-peak hours.
ECDC Chapter 20.05: Conditional Use Permits
2.
a)Facts:
(1)ECDC Section 20.05 contains the review and approval criteria for Conditional Use
Permits. Specifically, No Conditional Use Permit may be approved unless all the
findings in this section can be made.
Comprehensive Plan - The proposed use is compatible with the Comprehensive
·
Plan.
Zoning Ordinance - That the proposed use, and its location, is consistent with the
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purposes of the Zoning Ordinance and the purpose of the zone district in which
the use is to be located, and that the proposed use will meet all the applicable
requirements of the Zoning Ordinance.
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.
Transferability - The Hearing Examiner shall determine whether the conditional
·
use permit shall run with the land or shall be personal.
(2)The applicant has submitted declarations addressing how this proposal meets the
above criteria (Attachment 3).
b)Conclusions:
(1)See Section II.C of this report for a discussion on consistency with the
Comprehensive Plan for the City of Edmonds.
Edmonds-Woodway High School Lights
File No. CU-07-45 Page 5 of 7
(2)See Section II.B of this report for a discussion on consistency with the criteria given
in the Zoning Code of the City of Edmonds.
(3)Due to the design and placement of the light poles on the site, staff feels that this
project would not be detrimental to the surrounding neighborhood.
ECDC Chapter 20.15A: Environmental Review (SEPA)
3.
a)Fact:
(1)The Edmonds School District, acting as lead agency, issued a Determination of
Nonsignificance (DNS) for the softball field lights project on May 17, 2007
(Attachment 5).
b)Conclusion:
(1)The applicant and the City have complied with the requirements of ECDC 20.15A.
ECDC Chapter 23.40: Critical Areas
4.
a)Facts:
(1)A Critical Areas Determination was conducted for this site, file CRA-1994-0037, and
a waiver was granted.
b)Conclusion:
(1)The applicant and the City have complied with the requirements of ECDC Chapter
23.40.
C.Edmonds Comprehensive Plan Compliance
Public Use Designation & School Overlay
1.
a)Facts:
(1)The Edmonds Comprehensive Plan (December 2006) designates the subject property
as Public Use with a School Overlay. The site is further defined as a Master Planned
Development, which plan has been adopted by reference in the Comprehensive Plan.
(2)The Edmonds School District No. 15 Capital Facilities Plan 2004 2009 was also
adopted by reference in the Comprehensive Plan.
b)Conclusions:
(1) The subject proposal is the final step of capital improvements for the Edmonds
Woodway High School softball field that have been made during the past year. This
project conforms to the Edmonds Comprehensive Plan.
D.Technical Committee
1.The proposed Conditional Use Permit has been reviewed and evaluated by the Citys Fire
Department, Engineering Division, Parks and Recreation Department, and the Public Works
Department and no comments from the Technical Committee were received.
E.Public Comments
Letters Received
1.
a)As of this date, the City has not received any comment letters regarding this application.
Edmonds-Woodway High School Lights
File No. CU-07-45 Page 6 of 7
III.RECONSIDERATION AND APPEALS
The following is a summary of the deadlines and procedures for filing reconsiderations and appeals. Any
person wishing to file or respond to a recommendation or appeal should contact the Planning Department
for further procedural information.
A.Request for Reconsideration
Section 20.100.010.G allows for the Hearing Examiner to reconsider his 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.
B.Appeals of Conditional Use Permits
Section 20.105.020.A & B describe how appeals of a Hearing Examiner decision or
recommendation shall be made. The appeal shall be made in writing, and shall include the
decision being appealed along with the name of the project and the date of the decision, the name
of the individual or group appealing the decision, their interest in the matter, and reasons why the
appellant believes the decision to be wrong. The appeal must be filed with the Community
Development Director within fourteen (14) calendar days after the date of the decision being
appealed.
C.Time Limits for Reconsideration and Appeals
The time limits for Reconsiderations and Appeals 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 decision on the reconsideration request, the time clock for filing
an appeal continued for the point it was stopped. For example, if a request is filed on day 5 of the
appeal period, an individual would have 9 more days in which to file an appeal after the Hearing
Examiner issues his decision on the reconsideration request.
IV.NOTICE TO THE 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.
V.LAPSE OF APPROVAL FOR THE CONDITIONAL USE PERMIT
Section 20.05.020.C states Unless the owner obtains a building permit, or if no building 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.
VI.ATTACHMENTS
1.Land Use Application
2.Vicinity Map
3.Narrative Statement Received May 22, 2007
4.Resubmittal Letter Dated September 14, 2007
5.Site Plan Received October 8, 2007
6.Environmental Checklist Edmonds-Woodway High School Light Installation Prepared May 2007
Edmonds-Woodway High School Lights
File No. CU-07-45 Page 7 of 7
7.Determination of Nonsignificance Issued May 17, 2007
VII.PARTIES OF RECORD
Camie Anderson Terry McMahon Planning Division
Shockey/Brent, Inc. Edmonds School District Engineering Department
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2716 Colby Avenue 20420 68 Avenue West Public Works
Everett, WA 98201 Lynnwood, WA 98036 Fire Department
Parks and Recreation