2023-11-30 Hearing Examiner MinutesI
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CITY OF EDMONDS
121 51" Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
BEFORE THE HEARING EXAMINER FOR THE CITY
OF EDMONDS
Emily Terrell, Hearing Examiner
RE: Edmonds Cooperative Pre -
School Conditional Use
Permit.
Conditional Use and Joint Use
Parking Agreement
PLN2023-0052 and PLN2023-0067
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND FINAL DECISION
INTRODUCTION
Christina Cole on behalf of Edmonds Cooperative Preschool (ECP) has requested approval
of a conditional use permit (PLN2023-0052) to operate a preschool in a portion of the
existing Edmonds Presbyterian Church located at 22600 96th Avenue West. The application
is approved subject to conditions.
The applicant also originally requested approval of a Joint Parking Agreement (PLN2023-
0067). There had been an initial miscount of the parking spaces. Staff confirmed the
existing parking spaces were adequate as is and determined the Joint Use Parking
Agreement was unnecessary. That application has been abandoned.
ORAL TESTIMONY
The following is a summary of the testimony. It is not a verbatim transcript. No warranties
are made to its accuracy. It is presented here as a courtesy and aid to the reader.
Conditional Use
P. 1 Findings, Conclusions and Decision
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Edmonds Planner Rose Haas presented the staff report via PowerPoint presentation. Ms.
Haas noted there was a change from the original recommendation. The Joint Parking
Agreement (PLN2023-0067) is no longer required. Ms. Haas was originally under the
impression there were fewer parking spaces in the lot. She has since personally counted all
the parking spaces during a site visit and has determined there is adequate existing parking
for the church and pre-school uses without overlap. Therefore, there is no need for the joint
parking agreement. There is no need for a building permit for this parking because no
changes are required.
In response to the Examiner, Ms. Haas testified the church and preschool will have different
operating hours. There will be no overlap of users or uses. She acknowledged there will be
kids outside playing. The kids will use an outdoor area away from the parking area or any
adjacent roadways. There is fencing on three sides of the church property and children will
be adequately supervised with a very high ratio of adults to students by age.
The applicant, Christina Cole, noted all the parents are students at Edmonds College. The
parents are all in parenting programs. The preschool is a cooperative that is a non-profit.
She sees this as a very beneficial relationship with the church.
Lars Borgenson, is an adjacent neighbor that lives 100 feet away on 97th West. He notes
there isn't much separating the parking lot from the school but is heartened to hear the play
area is not adjacent to the parking area. He supports the project.
Shannon Osthimer works for the college and came to support the project.
EXHIBITS
The following exhibit was admitted into the record during the November 30, 2023 public
hearing on the application:
Exhibit 1 Staff Report dated November 16, 2023 with 17 attachments (listed on
page 9 of the Staff Report)
Exhibit 2 Gerbig Comment Letter dated November 1, 2023
Exhibit 3 Staff PowerPoint presentation
FINDINGS OF FACT
Procedural:
1. Applicant. Christina Cole on behalf of Edmonds Cooperative Preschool, 22600 9
Avenue West.
2. Hearing. A virtual hearing on the subject applications was held on November 30,
2023 at 3:00 pm.
Conditional Use
p. 2 Findings, Conclusions and Decision
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Substantive:
3. Site and Proposal Description. Christina Cole on behalf of Edmonds Cooperative
Preschool (ECP) has requested approval of a conditional use permit (PLN2023-0052) to
operate a preschool in a portion of the existing Edmonds Presbyterian Church located at
22600 96th Avenue West. The application is approved subject to conditions.
The applicant also originally requested approval of a Joint Parking Agreement (PLN2023-
0067). There had been an initial miscount of the parking spaces. Staff confirmed the existing
parking spaces were adequate as is and determined the Joint Use Parking Agreement was
unnecessary. That application has been abandoned.
4. Characteristics of the Area. The subject site is located within the single-family
residential (RS-8) zone. The properties on all sides of the subject site are all zoned RS-8 and
contain single-family homes. The subject itself is the existing Edmonds Presbyterian
Church.
5. Adverse Impacts of Proposed Use. The proposal will not create any significant
adverse land use impacts.
A. Aesthetics. The proposal will not involve any exterior modifications to the
building so no aesthetic impacts are anticipated.
B. Noise. The proposal has a small outdoor play area. From the testimony the
maximum number of children who will use the facility is unclear but appears to
be 52 children if one class is held for each age group (2-, 3- and 4-year-olds).
Given that the facility is on 3.18 acres with no houses immediately adjacent to the
proposed play area, the modest noise created by children outdoors is likely to be
nominal and will not interfere with surrounding uses. The only neighbor that
testified supported the project. No other sources of noise are likely from the
proposal.
C. Critical Areas. No critical areas assessment was required for this proposal as there
are no exterior modifications proposed, therefore ECDC Chapter 23.40 does not
apply.
D. Parking. The acceptable level of available parking is set by the City's parking
standards. The Church currently has 65 parking stalls according to the Staff
testimony and PowerPoint (Ex. 3). The total required parking stalls for the church
use are 53 stalls. For the preschool, ECDC 17.50.020(C)(8) requires one space for
300 square feet, or one per employee, plus one per five students, whichever is
larger. As noted in Att. 3 and 6, the preschool classes will be staggered by student
age during weekdays with classes held in the morning and afternoon. The highest
number of students expected on site at any given time is 18 students. Therefore.
11 spaces are required for the preschool use. The existing 65 stalls are more than
sufficient to accommodate both the 53 required for the church use and the 11
Conditional Use p. 3 Findings, Conclusions and Decision
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required for the preschool use. Additionally, the church will use the site primarily
on weekends while the preschool is entirely weekdays. There should be little or no
overlap. ECDC 17.50.020(B)(6) requires one space per 800 square feet for offices
not providing customer service. There is no proposed office space. (See
additionally Att. 10).
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner. ECDC 20.01.003 classifies conditional use
permit applications as a Type III-B review process where the hearing examiner makes a
final decision on the application after holding a public hearing.
I Substantive:
2. Zoning Designations. The project site zoned single family residential (RS-8).
3. Permit Review Criteria. Conditional use permit criteria are governed by ECDC
20.05.010. All applicable criteria are quoted in italics below and applied through
corresponding conclusions of law.
ECDC 20.05.010: 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 criterion is met for the reasons identified in Section VIII of the staff report.
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 criterion is met. The proposal meets or will meet all applicable development
standards. The proposed use is authorized via a conditional use in the RS-8 zone. The church
use is permitted outright in this zone (See ECDC 17.100.020). Since the use is proposed for
an existing building with no exterior alterations, the proposal complies with all bulk and
dimensional standards as verified by City staff. Further verification of applicable zoning
and all other development standards will be made during building permit review. Parking
standards are satisfied as detailed in Finding of Fact No. 5.
The proposal also meets the purpose of the zoning code. ECDC 16.20.000(B), states that
one of the purposes of the RS zone is, "To provide for those additional nonresidential uses
which complement and are compatible with single-family dwelling use." If approved, this
proposed land use within the existing developed structure/site would be consistent with the
Conditional Use
p. 4 Findings, Conclusions and Decision
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purposes of the RS zone. These objectives are met as the proposed use provides a needed
service within an existing building and adequate parking is assured via conformance to the
City's parking standards. The project site creates no adverse impacts as outlined in Finding
of Fact No. 5.
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. The criterion is met. As determined in Finding of Fact No. 5, the proposal will not
create any significant adverse impacts, which includes impacts to adjoining property
116MAN&A
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. A condition of approval will require the CUP to be transferrable and run with the land.
As conditioned, this criterion is satisfied.
DECISION
The conditional use permit is approved subject to the following conditions:
1. The applicant must apply for and obtain all necessary building permits which are
subject to the applicable requirements in the Edmonds Community Development
Code. It is the responsibility of the applicant to ensure compliance with the various
provisions contained in the ordinances.
2. The applicant is responsible for seeking and obtaining all required local, state
and/or federal permits or approvals applicable to the proposal.
3. The CUP shall run with the land and may be used by a subsequent user of the same
property.
Dated this 13th day of December 2023.
Conditional Use
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City of Ed onds
Hearing Examiner Pro Tem
p. 5 Findings, Conclusions and Decision
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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 20.06.030(B). Reconsideration may be requested
within 10 calendar days of issuance of this decision as required by ECDC 20.06.140.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
Conditional Use
p. 6 Findings, Conclusions and Decision