StaffReport_CU-06-142.doc
CITY OF EDMONDS
121 - 5TH AVENUE NORTH, EDMONDS, WA 98020
PLANNING DIVISION ADVISORY REPORT
FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS
To:
Ron McConnell, FAICP – Hearing Examiner
From
:
Gina Coccia
Planner
Date:
DECEMBER 28, 2006
File:
CU-2006-142
HOLY ROSARY PARISH HALL/ADMIN BUILDING (HEIGHT INCREASE)
Hearing Date, Time, and Place: 3:00
January 4, 2007 at P.M.
Council Chambers
Edmonds Public Safety Complex
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250-5 Avenue North
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 ................................................................................ 6
DMONDS OMPREHENSIVE LAN OMPLIANCE
D.TC ................................................................................................................... 7
ECHNICAL OMMITTEE
E.PC .......................................................................................................................... 7
UBLIC OMMENTS
III.RECONSIDERATION AND APPEALS................................................................................................ 7
A.RR ...................................................................................................... 8
EQUEST FOR ECONSIDERATION
B.ACUP ........................................................................................... 8
PPEALS OF ONDITIONAL SE ERMITS
C.TLRA ........................................................................... 8
IME IMITS FOR ECONSIDERATION AND PPEALS
IV.NOTICE TO THE COUNTY ASSESSOR ............................................................................................ 8
V.LAPSE OF APPROVAL FOR THE CONDITIONAL USE PERMIT ................................................. 8
VI.ATTACHMENTS ................................................................................................................................... 8
VII.PARTIES OF RECORD......................................................................................................................... 8
New Holy Rosary Parish Hall Building (Height Increase)
File No. CU-06-142 • Page 2 of 9
I.INTRODUCTION
The applicant would like to construct a 35-foot tall new Parish Hall and Administrative Offices Building
at the Holy Rosary Church, located at 760 Aloha Street in the Single-Family Residential (RS-12) zone
(Attachment 2).
In 1998 the Holy Rosary Parish submitted to the City a Conditional Use Permit application anticipating
full development of their site. It was approved as a phased project that included expansion of the school,
the main sanctuary and modifications to the rectory. A condition of approval was that each phase would
be required to received Architectural Design Board approval before submitting building permits. The
ADB approved the design of the new parish/administrative building in 2005 under file number ADB-
2005-25 (the staff report is included in Attachment 5). The proposal includes a meeting space that can be
used by both the church and the school as the need arises. The proposed project will demolish the existing
parish office building at the northwest corner of the site. It will be replaced with a building that is similar
in character to the existing church structure which is located immediately south of the proposed building.
The Community Facilities chapter of the Edmonds Community Development Code allows for a 35-foot
high building in RS zones that typically only allow 25-foot tall buildings, so long as a conditional use
permit is first approved. Based on the elevations and height calculations submitted (Attachment 4), the
average elevation is 78.69’ and the maximum elevation is 113.69 (or, 35 feet). The plans show a building
with a ridgeline at 107.72 (approximately 29.03 feet). The applicant has proposed a modest increase in
height.
The following is the Edmonds Planning Division’s analysis and recommendation of the applicant’s
submittal.
A.Application
1.
Applicant: Norman Sandler and Gary Seale of Sandler Architects, LLC (Attachment 1).
2.
Site Location: 760 Aloha Street, Edmonds (Attachment 2).
3.
Request: A Conditional Use Permit to allow a 29.03 foot tall new parish hall building located
in the single-family residential (RS-12) zone.
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 16.20
(SINGLE-FAMILY RESIDENTIAL).
b. Compliance with Edmonds Community Development Code (ECDC) Chapter 17.100
(COMMUNITY FACILITIES).
c. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.05
(CONDITIONAL USE PERMITS).
d. Compliance with the City of Edmonds Comprehensive Plan.
B.Recommendations
Based on Findings of Fact, Conclusions in, and Attachments to this report we recommend
APPROVAL
of the Conditional Use Permit for the new Parish Hall building with the following
conditions:
1.
The maximum height of the new parish hall building is 29.03 feet.
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File No. CU-06-142 • Page 3 of 9
2.
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.
3.
The permit shall be transferable.
II.FINDINGS OF FACT AND CONCLUSIONS
A.Site Description
1.Site Development, Neighboring Development, And Zoning:
a) Facts:
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Size
(1) : The subject property is on the corner of 7Avenue North and Aloha Street. It
is rectangular in shape and approximately 9.07 acres in size. The applicant is
proposing to demolish the existing parish hall/administrative building, and in its
place, expand the footprint (Attachment 4).
Land Use
(2) : The property has been developed with a church and a school (Holy
Rosary), an existing parish hall building, existing residence, and existing parking
lot. The request for additional height (up to a 35-foot maximum height) requires an
approved conditional use permit.
Zoning
(3) : The zoning of the subject property is Single-Family Residential (RS-12)
(Attachment 2).
Terrain and Vegetation
(4) : The subject property slopes down slightly from the east
to the west (Attachment 4). There is an existing parking lot, mainly lawn around
the perimeter, however there are also some large trees and bushes.
2.Surrounding Development and Zoning:
a) Facts:
(1) The neighborhood is a mix of both residential and multi-family residential
(Attachment 2).
(2) The properties across Aloha to the north are single-family (RS-8) and developed
with single-family homes. The properties to the east are single-family (RS-12) and
are developed with single-family homes. The properties to the south are single-
family (RS-6) and are developed with single-family homes. The properties across
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7 Avenue to the west are a mix of multi-family (RM-1.5) and single-family (RS-6)
and are developed with both multi-family structures and single-family homes
(Attachment 2).
B.Edmonds Community Development Code (ECDC) Compliance
1.ECDC Chapter 16.20: Single-Family Residential (RS-12)
a) Facts:
(1) The property is currently zoned Single Family Residential (RS-12). Churches and
schools are permitted primary uses in single family zones. They are also, however,
required to meet the criteria in ECDC Chapter 17.100.020.
(2) The building is subject to the bulk regulations of the RS-12 zone for setbacks (25
foot street setbacks) and height (25 foot height limit) with the exception that it can
go up to 35 feet in height with the approval of a conditional use permit that
addresses this issue.
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New Holy Rosary Parish Hall Building (Height Increase)
File No. CU-06-142 • Page 4 of 9
(3) The applicant has submitted a conditional use permit application to address the
height limit. Based on the height calculations provided (Attachment 4), under the
RS-12 standards, the maximum elevation of the building would be 103.69’ (or 25
feet above average original grade). However, in RS zones, through the conditional
use permit process and as outlined in the Community Facilities chapter, buildings
may be granted a height of up to 35 feet (an a maximum elevation of 113.69’). The
applicant is requesting additional height for the new structure. The proposed
building is shown to have a maximum elevation of 107.72’ (or 29.03 feet above
average original grade as shown on Attachments 4 and 5).
(4) The proposed new parish hall building received ADB approval for design in 2005
(ADB-2005-25) and conditional use permit approval for a master-planned
development in 1998 (CU-1998-187).
b) Conclusions:
(1) The applicant has requested that the new parish hall building have a maximum
height of 29.03 feet. If approved, the conditional use permit would meet the
requirements of ECDC 16.20.
(2) Compliance with Chapter 16.20 is required to allow the establishment of the above-
mentioned primary uses in this zone. If a Conditional Use Permit is granted, then
the uses will be consistent with the Edmonds Community Development Code
Chapter 16.20.
2.ECDC Chapter 17.100: Community Facilities
a) Facts:
(1) Churches are an allowed use within all residential zones, subject to the
requirements of this section.
(2) ECDC 17.100.020.E.2 states: “In residential zones or any zone in which a structure
35 feet in height is not a permitted use, sanctuaries, auditoriums and other portions
of a structure which are utilized for religious assembly may be permitted to a height
of 35 feet with a conditional use permit.”
(3) The plans show that the structure is 29.03 feet in height (the actual elevation shown
on Attachment 4 is 107.72’).
b) Conclusions:
(1) If approved, the conditional use permit would meet the requirements of ECDC
17.100.020.
(2) Compliance with Chapter 17.100 is required to allow the establishment of a
building with a height of 25-35 feet in this zone. If a conditional use permit is
granted, then the building will be consistent with ECDC Chapter 17.100.
3.ECDC Chapter 20.05: Conditional Use Permits
a) Facts:
(1) ECDC Section 20.05 contains the review and approval criteria for Conditional Use
Permits. According to the aforementioned code section, “No Conditional Use
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Permit may be approved unless all the findings in this section can be made.” The
findings are as follows:
Comprehensive Plan - The proposed use is compatible with the Comprehensive
Plan.
Zoning Ordinance - That the proposed use, and its location, is consistent with the
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).
(3) The Comprehensive Plan Map designates this area as “Single Family Resource” and
the site is designated as a school site.
(4) The proposed new parish hall building with additional height would provide the
parish with the opportunity to enhance their meeting facilities and administrative
offices (Attachment 4).
(5) The Edmonds Community Development Code allows increased height, up to 35
feet, but it requires an approved conditional use permit.
(6) The applicant states in their criteria statement (Attachment 3) that they are not
requesting that this permit be transferable.
(7) The applicant is not requesting to have a 35-foot tall building, however, they are
requesting to have a building that is about 4.03 feet taller than the RS-12 height
limit would allow.
(8) The applicant has received ADB approval for the design of the new parish hall
building, which will be built into the slope of the site (Attachment 4).
(9) The ADB has found that the applicant has proposed a building that is compatible in
design to the existing church auditorium and the remodeled school building (ADB-
2005-25).
(10) The new building is significantly held back from Aloha Street to minimize its
impact on the adjacent single-family homes.
(11) The site slopes down from east to west. The new building is proposed to be built
into the slope (Attachment 4).
(12) The new building will be in approximately the same (however expanded) footprint
as the existing parish hall building (Attachment 4).
b) Conclusions:
(1) See Section II.C. of this report for a discussion on consistency with the
Comprehensive Plan for the City of Edmonds.
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File No. CU-06-142 • Page 6 of 9
(2) See Section II.B.1-5 of this report for a discussion on consistency with the criteria
given in the Zoning Code of the City of Edmonds. If the proposed Conditional Use
Permit is approved, the hours of operation will be consistent with the Zoning
Ordinance.
(3) Due to the topography of the site, the design of the building (set into the slope), the
large street setbacks proposed from the adjacent single-family residences, and the
height requested (about 29.03 feet where 35 feet is the largest potential height
through a conditional use permit), staff feels that this project is not detrimental to
the surrounding neighborhood.
(4) Staff finds no reason why the permit should not be transferable.
4.ECDC Chapter 20.15A: Environmental Review (SEPA)
a) Fact:
(1) Due to the size of the building and its parking lot, the proposed project was subject
to the State Environmental Policy Act (SEPA) with the previous phases of this
project. An Environmental (SEPA) Checklist was submitted with the previous
conditional use permit which considered this project.
b) Conclusion:
(1) The applicant and the City have complied with the requirements of ECDC 20.15A.
5.ECDC Chapter 23.40: Critical Areas
a) Facts:
(1) A Critical Areas Determination has been conducted for this site, file CRA-1998-
263.
(2) Due to the proximity of Shell Creek, it was determined that a “study” may be
required with any future development proposals which may be located near the
stream or its buffer.
b) Conclusion:
(1) The applicant and the City have complied with the requirements of ECDC Chapter
23.40.
(2) With any future building permit application, a stream study may be required in
order to assure that the stream and its buffer are not compromised.
C.Edmonds Comprehensive Plan Compliance
1.Single-Family Resource & School Overlay
a) Facts:
(1) The Comprehensive Plan designates the subject property as “Single-Family
Resource” and because Holy Rosary is a school, it is identified as a School.
(2) The site fronts on two streets. Aloha Street is designated as a “Local Street” while
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7 Avenue North is designated as a “Collector” on the City’s Roadway
Classification map.
(3) This site is designated single-family on both the Zoning Map and the
Comprehensive Plan Map.
(4) The City of Edmonds Comprehensive Plan lists goals for Residential Development.
It states: “High quality residential development which is appropriate to the diverse
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lifestyle of Edmonds residents should be maintained and promoted. The options
available to the City to influence the quality of housing for all citizens should be
approached realistically in balancing economic and aesthetic considerations, in
accordance with the following policies:”
B.1. “Encourage those building custom homes to design and construct homes with
architectural lines which enable them to harmonize with the surroundings,
adding to the community identity and desirability.”
B.3. “Minimize encroachment on view of existing homes by new construction or
additions to existing structures.”
B.5. “Protect residential areas from incompatible land uses through the careful
control of other types of development and expansion based on the following
principles:”
B.5.a. “Residential privacy is a fundamental protection to be upheld by local
government.”
B.6. “Require that new residential development be compatible with the natural
constraints of the slopes, soils, geology, vegetation and drainage.”
(5) The design of the new building attempts to harmonize with the existing school and
church buildings on site.
(6) The proposal does not appear to encroach on views (due to the topography that
slopes up to the east).
(7) The proposal is set back significantly from the streets so as not to intrude on
privacy.
(8) The proposal does not significantly alter the natural constraints of the slope.
b) Conclusions:
(1) The proposed increased building height will not adversely impact the surrounding
neighborhood and is generally consistent with the Land Use designation of the
Comprehensive Plan for its location.
(2) The proposed land use will not change the principles of the Residential
Development Policies noted above.
D.Technical Committee
1.
The proposed Conditional Use Permit has been reviewed and evaluated by the City’s Fire
Department, Engineering Division, Parks and Recreation Department, and the Public Works
Department.
2.
No comments from the Technical Committee were received.
E.Public Comments
1.Letters Received
a)
As of this date, the City has not received any comment letters regarding this application.
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.
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File No. CU-06-142 • Page 8 of 9
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 Assessor’s 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(s).
2. Vicinity Map.
3. Criteria Statement.
4. Site Plan/Height Calculations.
5. Applicant’s Supporting Documents.
VII.PARTIES OF RECORD
StaffReport_CU-06-142 • December 28, 2006
New Holy Rosary Parish Hall Building (Height Increase)
File No. CU-06-142 • Page 9 of 9
Corp. Catholic Archbishop of Seattle Sandler Architects, LLC Planning Division
910 Marian Street Gary Seale/Norman Sandler
Seattle WA 98104 1611 East Olive Way – Suite 200
Seattle WA 98102
StaffReport_CU-06-142 • December 28, 2006