StaffReport_CU-08-9.pdf
PLANNING DIVISION
REPORT & RECOMMENDATION TO THE HEARING EXAMINER
Project:
Klahaya Swim & Tennis Club Facility Upgrades Conditional Use Permit
File Number:
CU-2008-9
Date of Report:
May 6, 2008
From:
____________________________
Gina Coccia, Associate Planner
Public Hearing:
May 15, 2008 at 3:00 P.M.
Edmonds Public Safety Complex: Council Chambers
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250 5 Avenue North, Edmonds WA 98020
I.SUMMARY OF PROPOSED ACTION:
The applicant, Klahaya Swim & Tennis Club (Klahaya), has proposed to upgrade their facility
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Street SW in the
through a Conditional Use Permit (CUP). The site is located at 10307 238
Single-Family Residential (RS-8) zone. Klahaya was constructed in the 1950s, and is located on
2.48 acres and includes two outdoor tennis courts, an outdoor swimming pool, a large open field,
a bathhouse with a front desk, and a large open area of parking.
They have indicated that the forces driving these upgrades are for the health and safety of their
members. While theyÓre working on these upgrades, theyÓd also like to expand the facility to
include one additional swimming lane (8Óx75Ó), a walk-in stair access along the 8Ó of additional
pool deck (approximately 800 square feet), as well as remodel the existing wading pool and add a
new mechanical area (resulting in an increase of approximately 210 square feet of deck). The
proposal also includes two restroom additions. The applicant has provided a thorough criteria
statement, which includes a history of the facility and proposed upgrades (Exhibits 4 and 5).
Klahaya has an approved Conditional Use Permit from 1996 (File CU-1996-11, Exhibit 7),
however theyÓre expanding the facility slightly, which may have additional impacts. Also
important to note, Klahaya is now considered a ÐLocal Public Facility,Ñ (Exhibit 6) so their
proposed site improvements also require CUP review.
In addition to regular club functions, Klahaya holds swim meets about four times a year, as well
as a dance. The over-flow parking for these special events appears to remain a concern of the
neighbors (Exhibits 4, 7, and 11).
The following is staffÓs analysis of the project.
Exhibit 1
CU-2008-9
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Klahaya CUP: 10307 238 Street SW
File Number: CU-2008-9
II.GENERAL INFORMATION:
1.Request
:
A conditional use permit for an addition and upgrades to a Local Public Facility
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Street SW (Exhibits 2, 3, 4, and 5).
(Klahaya Swim & Tennis Club) at 10307 238
2.Review Process:
Conditional Use Permit Î the Hearing Examiner conducts a public hearing
and makes the final decision.
3.Major Issues:
a.
Compliance with ECDC 16.20 (RS Î Single ÎFamily Residential).
b.
Compliance with ECDC 17.100.050 (Local Public Facilities)
c.
Compliance with ECDC 17.50 (Off Street Parking Requirements).
d.
Compliance with ECDC 20.05 (Conditional Use Permits).
4.Owner:
Klahaya Swim & Tennis Club (Exhibit 3).
5.Applicant:
Rick Ashleman, President (Exhibit 3).
6.Tax Parcel Number:
27033600301900.
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7.Location:
10307 238 Street SW (Exhibit 2).
8.Zoning:
Single-Family Residential (RS-8).
9.Acreage / Square Footage:
2.48 Acres (per Snohomish County AssessorÓs data).
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10.Access:
The site is accessed off of 238 Street SW, which is designated a Ðlocal street.Ñ
11.Existing/Proposed Use:
Swim and tennis club Î no change.
III.HISTORY / BACKGROUND:
The Development Services Department issued an interpretation (2008-1, Exhibit 6) regarding
whether or not private recreational facilities, such as Klahaya, are considered a ÐLocal Public
Facility.Ñ It was determined, effective January 30, 2008, that the term ÐLocal Public FacilityÑ
includes private recreational facilities that are open to the general public for membership, subject
to the grant of a conditional use permit. Klahaya, in turn, submitted a Conditional Use Permit
application for an upgrade and addition to a Local Public Facility on February 5, 2008.
IV.SEPA THRESHOLD DETERMINATION:
The application for a Conditional Use Permit does not require SEPA review. Therefore, the
Applicant and the City have complied with the requirements of ECDC 20.15.A.
V.PUBLIC HEARING NOTICE:
A ÐNotice of ApplicationÑ and a ÐNotice of HearingÑ were published in the Herald Newspaper,
posted at the subject site, as well as the Public Safety Complex, Community Development
Department, and the Library. All notices were also mailed to residents and owners within 300
feet of the site. The City has complied with the noticing provisions of ECDC 20.91 (Public
Hearings and Notice, see Exhibit 6).
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Klahaya CUP: 10307 238 Street SW
File Number: CU-2008-9
VI.TECHNICAL COMMITTEE:
This application was reviewed and evaluated by the CityÓs Fire Department, Engineering
Division, Parks and Recreation Department, and the Public Works Department (Exhibit 9).
1.Building:
“(1) Provide copies of DOH plan
The Building Division noted the following,
review comments; (2) Provide copies of new state law requirements that are referenced in
paragraph 2; (3) A building permit will be required.”
The applicant has provided the above information (citing WAC 246-260-031, WAC 246-260-
041, WAC 246-260-171), and staff agrees that a building permit will be required for the
proposed scope of work.
2.Engineering:
“The applicant has submitted a Site
The Engineering Division noted,
Renovation Plan with the Conditional Use Permit. Please note that the improvements shown
on this plan will be reviewed during the building permit process. Approval of this conditional
use permit does not constitute approval of individual elements shown on the Site Renovation
Plan.”
Staff recognizes that a building permit will be required for the work, and that the Engineering
Division will review specific elements of the project at that time.
3.Fire:
“Egress systems will be evaluated with the building
The Fire Department noted that,
permit submittal.”
Staff recognizes that the egress systems will be evaluated with the building permit submittal.
VII.NATURAL ENVIRONMENT:
:
1.Topography
The site is relatively flat with a slight slope from the south to the north.
:
2.Soils
According to the Soil Survey of Snohomish County Area, Washington, this
“Everett gravelly sandy loam”
neighborhood consists of (Map Unit Symbols 17 and 19).
:
3.Critical Areas
A Critical Areas Checklist was submitted under file number CRA-1996-20
and it was determined that there are no critical areas on or adjacent to the property, therefore,
a ÐwaiverÑ from special study requirements was issued.
:
4.Wildlife
None noted during site visits.
:
5.Vegetation
The site contains some ornamental vegetation and open areas of grass.
VIII.NEIGHBORHOOD CHARACTERISTICS:
This site is located in the middle of a single-family residential neighborhood. It is completely
surrounded by properties with the same Single-Family Residential ÐRS-8Ñ zoning designation,
except that the northern property line borders an Edmonds School District property which is
zoned Open Space (OS). This parcel zoned OS includes the softball field and track on the former
Edmonds-Woodway High School site. There is a church across the street to the south of the
subject site, and a cemetery down the street to the west of the site. This south-west Edmonds
neighborhood was annexed into the City on December 15, 1995.
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Klahaya CUP: 10307 238 Street SW
File Number: CU-2008-9
IX.COMPREHENSIVE PLAN:
“Single Family Urban 1.”
The Comprehensive Plan designation for this site is The City of
Edmonds Comprehensive Plan offers goals of residential development.
Residential Development
B.5.a Residential privacy is a fundamental protection to be upheld by local government.
B.5.d Private property must be protected from adverse environmental impacts of development
including noise, drainage, traffic, slides, etc.
Comprehensive Plan, page 54
There is no proposed change to the access of the site. There is no proposed change to the use of
the site. The only change would be increasing the footprint of the building/facility (Exhibits 4
and 5). The applicant has stated that there is no anticipated change to membership. If a condition
of approval included requiring a parking plan for special events (when the impacts are considered
the greatest, about four times each year), then staff feels that the impacts would be adequately
mitigated.
X.PUBLIC CONCERNS:
To date, one public comment letter has been received (Exhibit 11). To summarize, neighbor
Doug DahlÓs four main concerns include (1) Noise impacts due to topography, (2) Neighbors are
not necessarily members of Klahaya, (3) Noise impacts from loud speakers, and (4) Potential
increase of membership. Mr. Dahl is recommending a condition that Klahaya be limited to 4 or 5
meets per year, and that their membership stays within about 5% of its current level.
As the letter was submitted right before this staff report was printed, Staff (and the Applicant)
will be addressing Mr. DahlÓs concerns at the Public Hearing. It is important to note that if there
are ever noise concerns, citizens should call 911.
XI.APPLICABLE CODES:
1.
ECDC 16.20 (RS – Single-Family Residential)
A.
Development standards in the RS-8 zone are conformed through the building permit
process and are as follows, pursuant to ECDC 16.20.030:
MinimumMinimumMinimumMinimumMinimum
MinimumMaximumMaximum
Zone LotStreet Side Rear Parking
Lot Area HeightCoverage
WidthSetback Setback Setback Spaces
RS-8 8,000 SF 70Ó 25Ó 7.5Ó 15Ó 25 35% 2
B.
It appears that the improvements proposed meet the required setbacks.
C.
It appears that the improvements proposed remain under the 25Ó height limit (the existing
building is one single story, and the bathroom expansion remains at the existing height).
D.
The maximum lot coverage for this site is approximately 37,332 square feet. It appears
that the project remains well under the maximum lot coverage permitted.
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Klahaya CUP: 10307 238 Street SW
File Number: CU-2008-9
2.
ECDC 17.100.050 (Local Public Facilities)
A.
ECDC 21.55.007 defines ÐLocal Public FacilitiesÑ as follows:
Local public facilities mean any community facilities primarily sited, designed,
constructed, and operated for the purpose of providing public health, safety and welfare
services to the immediate area or neighborhood in which they are sited. Local public
facilities include, but are not limited to: police stations, fire stations, branch libraries, bus
stop shelters, electrical substations, water pump stations, community club houses, parks
and recreation special use areas, branch governmental and administrative offices, service
clubs, storage and associated maintenance buildings and yards.
B.
An interpretation was made determining that private recreational facilities, such as
Klahaya, are considered ÐLocal Public FacilitiesÑ (Exhibit 6).
C.
This project is considered a Local Public Facility and is subject to the requirements in
ECDC 17.100.050. The Criteria Statement (Exhibit 4, page 4) also addresses the
following issues.
D.
There is no change to the existing parking lot proposed.
E.
There is existing screening on-site, including a fence and landscaping along the east and
west property lines.
F.
No new lighting is proposed.
G.
The proposed use does not involve any items to be screened, pursuant to ECDC
17.100.050.D.
H.
No new signage is proposed.
3.
ECDC 17.50 (Off Street Parking Regulations)
A.
ECDC 17.50.020.B.8 requires commercial recreation uses to provide parking at a rate of
one space per 500 square feet, or one space for each customer allowed by the maximum
permitted occupant load. Information was not provided on the maximum occupant load.
Currently, the site has approximately 32 parking spaces. The building is well under
3,000 square feet, which would require well under 32 parking stalls. This is for typical
use of the site.
B.
With the Conditional Use Permit in 1996, the applicant at that time provided the City
with a parking agreement between Klahaya and the Faith Community Church (Exhibit 8).
This was required in order to address the increased need for parking at Klahaya for
special events.
C.
These special events (four swim meets and a dance) apparently utilize all of the on-site
parking, and begin to over-flow into the neighborhood. Because the facility is
expanding, staff is recommending a condition of approval that requires the applicant
submit an updated parking plan for these special events.
4.
ECDC 20.05 (Conditional Use Permits)
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Klahaya CUP: 10307 238 Street SW
File Number: CU-2008-9
A.
ECDC 20.05.010 contains the review and approval criteria for Conditional Use Permits.
“No Conditional Use Permit may be
According to the aforementioned code section,
approved unless all of the findings in this section can be made.”
The findings are as
follows:
1.That the proposed use is consistent with the Comprehensive Plan.
2.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.
3.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.
4.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.
B.
The Comprehensive Plan designates this area as ÐSingle Family Urban 1.Ñ See section
IX of this report for a discussion on the Comprehensive Plan.
C.
The Edmonds Community Development Code allows for local public facilities (not
planned or sited in the capital improvement plan) in the Single-Family Residential zone,
but only if a Conditional Use Permit is first approved.
D.
Klahaya has been determined to be a Local Public Facility.
E.
Neighborhood concerns, as mentioned in the previous request (CU-1996-11, Exhibit 7)
and with the public comment letter received (Exhibit 11) point to traffic and noise
concerns.
F.
The applicant should be prepared to discuss the noise concerns at the public hearing.
G.
Parking concerns for special events can be evaluated though the review of a ÐParking
Management Plan.Ñ
H.
The Applicant has submitted a Criteria Statement (Exhibit 4) and has requested that this
permit be transferable (run with the land and not specific to the applicant), like the
previous Conditional Use Permit (CU-1996-11, Exhibit 7).
I.
Staff generally agrees with the Criteria Statement submitted by the applicant, however,
with the upgrades proposed, feels that a revised parking plan for special events should be
submitted and reviewed to ensure that there are steps taken to lessen the impact to the
neighbors.
XII.CONCLUSIONS:
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Klahaya CUP: 10307 238 Street SW
File Number: CU-2008-9
1.Comprehensive Plan:
The proposal appears to be consistent with the Comprehensive Plan
(see section IX of this report).
2.Zoning Ordinance:
The proposal appears to be consistent with the zoning ordinance (see
section XI of this report).
3.Not Detrimental:
The immediate proposal does not appear to be detrimental, as the use is not
changing, but only slightly expanding the onsite footprint. Foreseeable traffic concerns can
be mitigated through a revised ÐParking Management PlanÑ which would allow the facility to
use off-site church parking (or Edmonds School District Parking, possibly) for swim meets
and dances (special events). If submitted and approved by the City, staff feels that parking
concerns could be mitigated.
4.Transferability:
Staff recommends that the proposed improvements run with the land and
not be specific to the applicant.
5.
The Conditional Use Permit to allow the proposed improvements should be approved,
because it is consistent with the decisional criteria for a Conditional Use Permit:
XIII.RECOMMENDATIONS:
APPROVAL
of the
Based on the analysis and attachments to this report, staff recommends
conditional use permit with the following conditions:
1.
The applicant must obtain a building permit for the proposed improvements.
2.
A revised ÐParking Management PlanÑ for special events (swim meets and dances) shall be
submitted to the City prior to issuance of the building permit.
3.
The Conditional Use Permit shall be transferable Î it should run with the land and not be
specific to the applicant.
4.
This application is subject to the requirements contained in the Edmonds Community
Development Code. It is the responsibility of the applicant to ensure compliance with the
various provisions contained in these ordinances.
5.
The applicant must act on the approved Conditional Use Permit within one year from the date
of approval or the Conditional Use Permit shall expire and become null and void, unless the
applicant files an application for an extension of time before the expiration and the city
approves the application. Only one one-year extension is possible.
XIV.PARTIES OF RECORD:
Planning Division
Rick Ashleman
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Avenue NW Building Division
19803 15
Shoreline WA 98177 Engineering Division
Fire Department
Klahaya Swim & Tennis Club Doug Dahl
nd
PO Box 74 23618 102 Place West
Edmonds WA 98020 Edmonds WA 98020
XV.EXHIBITS:
1.
Staff Report
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Klahaya CUP: 10307 238 Street SW
File Number: CU-2008-9
2.
Zoning & Vicinity Map
3.
Land Use Application
4.
Criteria Statement and Supplemental Project Information
5.
Site Plan
6.
Interpretation (file 2008-1)
7.
Hearing Examiner Decision for CU-1996-11
8.
Parking Agreement Letter (dated 3/20/1996) for CU-1996-11
9.
Technical Committee Memos/Comment Forms
10.
Public Notices and Affidavits
11.
Public Comment Letter: Doug Dahl (received 5/7/2008).
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