Woodway Fields Phase 1 Council Findings, Conclusions and Decision.pdf1
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JIn RE the Application of:
Woodway High School Field
Improvements - Phase 1
For Design Review, a
Conditional Use Permit,
and a Variance
No.: PLN -2014-0065, PLN -2014-
0066, PLN -2014-0067 (portion)
Findings, Conclusions, and
Decision of the Edmonds City
Council on Phase 1 of the
Woodway High School Field
Improvements
This consolidated application came before the Edmonds City
Council on April 21, 2015 for a closed -record pre -decision
hearing pursuant to ECDC 17.00.030.C. The Hearing Examiner
conducted an open -record hearing on March 26, 2015 after the
Architectural Design Board reviewed the project and made a
recommendation to the Hearing Examiner on March 4, 2015.
The City Council was presented with an agenda memo on April'',
21, 2015, which included the following eight exhibits:
1. March 19, 2015 Report & Recommendation to the Hearing
Examiner from Mike Clugston, Associate Planner, and
attachments thereto;
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2. Powerpoint presentation used at the public hearing before
the Hearing Examiner on March 26, 2015;
3. Poster from parties of record Davis and Markiel submitted
at the March 26, 2015 public hearing before the Hearing
Examiner;
4. Photo from party of record Cain -Lewis submitted at the
March 26, 2015 public hearing before the Hearing
Examiner;
5. Materials from party of record Wall submitted at the
March 26, 2015 public hearing before the Hearing
Examiner;
6. Public testimony sign -in sheet from the March 26, 2015
public hearing before the Hearing Examiner;
7. April 10, 2015 Findings of Fact, Conclusions of Law and
Recommendation to the City Council by the Hearing
Examiner;
8. April 15, 2015 letter from Edmonds School District
withdrawing the applications related to field lighting
(PLN -2015-0009, PLN -2015-0013, and that portion of PLN -
2014 -0067 relating to field lighting).
The review of this application was continued to April 28,
2015 to allow for the inclusion of the hearing examiner's
summary of testimony in the record before the council which had
not been included in the April 21 agenda and to allow for
objections to argument provided at the April 21 meeting that was
outside of the record established by the Hearing Examiner on
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March 26, 2015. The City Council was presented with a
supplemental agenda memo for April 28 which included the
following two exhibits:
1. Summary of testimony compiled by the Hearing Examiner at
the March 26, 2015 public hearing which was not
originally included with his decision nor in the April 21
agenda memo;
2. Edmonds School District No. 15's Objections to Testimony
Offered During Closed Record Hearing (PLN20140065,
PLN20140066, PLN20140067) dated April 24, 2015.
Based upon the record developed before the hearing examiner
(see summary of testimony and exhibits), and based upon the
withdrawal of the field lighting applications subsequent to the
hearing examiner's recommendation, the City Council hereby
adopts the following findings of fact and conclusions of law,
which are largely based on the Hearing Examiner's recommendation
dated March 26, 2015 but modified as necessary to account for
the withdrawal of the application for field lighting:
was]04Z[ej •
1. Applicant. Edmonds School District
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2. Hearing. The Hearing Examiner conducted an open
record hearing on the subject application on March 26, 2015 at
3:00 pm in the Council Chambers of the Edmonds Public Safety
Complex. The City Council conducted a closed record review of
the Hearing Examiner's recommendation on April 21, 2015, which
was continued to April 28, 2015. The City Council conducted an
appearance of fairness doctrine inquiry on both dates, disclosed
ex parte communications that are attached hereto as Exhibit A,
and inquired as to whether there were any objections to
participation based upon the appearance of fairness doctrine. No
objections were raised.
Substantive:
3. Site and Proposal Description. The applicant has
applied for one conditional use permit, one variance and design
review to install ball control fencing and bleachers as part of
a playfield improvement project at the former Woodway High
School site at 23200 100th Ave West. The project site is located
in two zoning districts, specifically the Open Space (OS) and
Single -Family 8 (SR -8) zones. The conditional use permit is
requested for bleachers and a 30 -foot high ball control fence in
the OS zone. A variance is requested to exceed the height limit
for the proposed thirty-foot ball control fence in the RS -8
zone. All applications for field lighting were withdrawn prior
to the City Council's closed record review.
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Proposed improvements to the ball fields are divided into
three phases, with the permits subject to this decision
addressing Phase I. Phase I involves installing two new
synthetic turf fields together with 30 -foot tall ball control
fencing, backstops, bleachers, and dugouts. The project site is
split -zoned between Open Space (OS) and Single -Family
Residential (RS -8), with most of Phase I in the OS zone and a
small portion in the southeastern corner in the RS -8 zone. See
Ex. 1, att. 13. The existing school buildings, parking areas
and vehicular circulation patterns will remain unchanged.
Phases 2 and 3 may be constructed at a future date
depending upon funding availability. Phases 2 and 3 may include
an identical multipurpose synthetic turf field to the North
which would connect the pedestrian pathway system to the
southern field constructed in Phase 1. Phase 3 may include a one
story restroom and concession building. It is not known at this
time whether the abandoned field lighting application would be
resubmitted in conjunction with Phase 2, Phase 3, or not at all.
No portion of Phase 2 or Phase 3 is approved as part of this
decision.
The record is somewhat unclear as to how much ball field
use will change as a result of the proposal. The testimony,
which was given at the time the District was still proposing
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field lighting, suggests that the change in use will be
substantial. Numerous people testified of the strong need for
additional fields. Many Edmonds residents have to travel to
fields outside of Edmonds because Edmonds doesn't have enough
ball fields available. A detailed summary of all the public
testimony on the proposal is appended to this report as
Attachment 1.
4. Characteristics of the Area. The surrounding area is
primarily developed single-family residential, with some BN
zoned property to the north. Adjoining uses are buffered by an
existing forested area which varies between about 50 feet and
200 feet in width (Attachment 3, cover sheet).
5. Adverse Impacts of Proposed Use. The administrative
record, created at the time that the District was proposing
field lighting, revealed the potential for unmitigated
significant adverse traffic impacts. Had the District not
abandoned the lighting application, further information would
have been necessary to determine whether traffic impacts needed
to be mitigated. Excluding traffic impacts associated with the
abandoned field lighting applications, the proposal will not
create any other significant adverse impacts or be significantly
detrimental to other properties. Impacts are more specifically
addressed below:
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A. Traffic. Approval of the bleachers and ball control fencing
Ilcould result in increased use of the fields without the field
(Tights, but the record does not suggest that this increase would
be significant. The fields are already used for daytime sports
activities. The conditions of approval limit the fields to
lischool use during school hours. There is nothing about the
addition of ball control fencing and bleachers that inherently
suggests a major new draw for sports leagues during off -school
hours. The reconfiguration of the ball fields, with or without
artificial turf, should not generate a significant amount of new
traffic because there will be no increase in the total number of
fields. In any case, it is only the bleachers and fencing
permits that are before the city council for consideration. The
field reconfiguration is not the subject of these applications.
Consequently, the impacts of the bleachers and fencing has to be
considered in terms of how much traffic they would generate in
addition to the traffic generated by ball field reconfiguration.
That amount of traffic is more likely than not negligible.
The applicant represented that it would keep the emergency
access gate closed to motorized vehicular traffic to 102nd Place
West. So, there should be no change from the status quo in that
respect.
As to internal circulation, there is nothing to suggest
that any mitigation or design changes are necessary. The staff
report concludes that internal circulation is adequate because
no changes to internal circulation are proposed. In the absence
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11of any evidence to the contrary, the staff's conclusions on this
(tissue are determinative.
B. Lighting. The proposed findings on this subject have
been withdrawn as a result of the lighting applications being
IIwithdrawn.
C. Noise. As conditioned, the project does not create
significant noise impacts. The City Council has adopted what it
deems to be acceptable noise levels in Chapter 5.30 ECC. ECC
5.30.100(G) currently exempts noise from school or league
sponsored athletic events from the noise level restrictions of
Chapter 5.30 ECC. This should be construed as a legislative
determination that high noise levels from athletic events should
not be construed as significantly detrimental to neighboring
properties. Although the City Council has comprehensively
regulated noise levels in Chapter 5.30 ECC, there is nothing to
suggest that the Council intended these regulations to prevent
the imposition of reasonable noise control measures in the
conditional use review process. Simply because the Council
Minds high noise levels from athletic events to be tolerable
doesn't mean that it would have found it acceptable for these
noise levels to go on for 24 hours a day. The conditions of
approval reasonably limit the noise of the athletic events by
requiring the events to end at 10:00 p.m. Coupled with the
forested buffer around the athletic fields, the project has been
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reasonably designed and conditioned to limit noise impacts to
adjoining property owners to reasonable levels. In any case,
land use applicants cannot vest to standards expressed in a
noise ordinance. If it becomes necessary to further regulate
noise from the ball fields in the future, the City Council
reserves the right to do so.
Mr. Wall's exhibits, Ex. 5(c), contains a memorandum from
the Greenbusch Group, a consultant with some apparent expertise
in noise impacts. The memorandum notes that the bleachers will
raise the noise level source. It states further that upon
construction of all three phases the long-term use of the fields
includes the potential for four games rather than the existing
two. But it would be speculative and premature to condition
these permits based upon the impacts associated with the future
phases of the long-term project. While noise will increase as a
result of the proposal, higher noise levels are deemed
legislatively acceptable for league and school sponsored
athletic events. The relevant inquiry for noise impacts is
whether all reasonable mitigation measures have been imposed.
The Greenbusch Group memorandum does not identify any additional
reasonable noise conditions that could be imposed upon the
project. As noted above, however, the City Council could further
regulate such noise in the future if necessary.
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D. Parking. Parking is adequate as defined by the City's
legislatively adopted parking standards. Parking for different
uses is regulated by ECDC 17.50.030(C), which provides that the
(number of parking stalls must be the sum of the requirements for
Indifferent uses. As shown on Attachment 9, there are currently
307 parking stalls on the site. For the school use, 102 parking
stalls are required (1 stall per daytime employee per ECDC
17.50.020(C)(6)). For the playfield use, the requirement for
outdoor places of public assembly in ECDC 17.50.020(C)(1)
applies. This parking requirement indicates: "Outdoor places
of public of assembly, including stadiums and arenas require one
parking space per eight fixed seats or per 100 square feet of
assembly area, whichever is greater." Using the fixed seat
method, 42 parking stalls would be required for the playfields.
However, using the assembly area method, 137 stalls would be
required based on an estimate of where spectators would most
likely congregate around the fields. Summing the 137 stalls for
playfield use and the 102 stalls for school use equals 239
stalls, 68 less than the 307 existing stalls on the site. The
proposal is also conditioned to provide that fields will not be
scheduled for non -school activities during regular school hours
to reduce conflicts between school and non -school use.
Mr. Wall submitted Ex. 5(D), a statement from Ryan Hague,
along with photographs, identifying that on warm days and during
swim meets, vehicles used by visitors to the Klahaya Swim and
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Tennis Club regularly fill both sides of 238th St SW and 104th Ave
W. The vehicles block driveways and sidewalks and obstruct
sight distance at intersections. Mr. Wall submitted these
documents as an example of why a traffic study is necessary.
There is no information in the record to suggest that the
parking standards applied to Klahaya are those that are being
applied to the present proposal. In the absence of any evidence
that the City's parking standards will prove inadequate for the
ball field proposal or that Klahaya was subject to the same
parking standards, the parking deficiencies of the Klahaya
complex have no relevance to the proposal under consideration.
E. Wildlife. The proposed bleachers will not create any
significant impacts to wildlife. The City Council has adopted
standards deemed adequate to protect wildlife in its critical
area regulations, which includes fish and wildlife habitat
conservation areas. Information in the record suggests that at
least portions of the forested buffer surrounding the project
qualify as fish and wildlife buffers under the critical areas
regulations. The Pilchuck Audubon Society submitted a letter,
Ex. 5(B), suggesting that noise from the field use could
adversely affect bird species in the fish and wildlife habitat
conservation area. The author of the Audubon letter is not
identified and it is unknown if the author has any expertise on
wildlife impacts. In the absence of any expert testimony that
the City's critical area regulations were not designed to
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address the type of wildlife impacts created by the proposal,
the critical areas ordinances are found to adequately protect
(wildlife from adverse impacts.
F. Compatibility. Beyond the issues already addressed,
the proposal is compatible with surrounding uses. The 50 to 200
foot -wide buffer surrounding the ball fields is taller than the
proposed 30 foot fencing and bleachers. The proposed ball
control fencing and bleachers in the OS zone will be set back
between 100 and 200 feet from the nearest property line and will
be screened by the forest buffer. Through withdrawal of the
field lighting application, off-site traffic impacts are
mitigated to conform to the City's level of service and street
standards. Therefore, traffic impacts are deemed compatible with
surrounding uses as well.
CONCLUSIONS OF LAW
Procedural:
1. Decision-making Authority. ECDC 20.01.003
provides that the Hearing Examiner would ordinarily hold a
hearing and issue a final decision on conditional use permit and
variance applications. ECDC 20.01.002(C) requires consolidation
of design review permits with the hearing examiner review of the
conditional use and variance permits. ECDC 17.00.030(C)
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requires that the hearing examiner's authority on variances be
limited to recommendations to the City Council for public
structures and uses. The conditional use and design review
decisions are consolidated along with the variance
recommendations to the City Council per ECDC 20.01.002(C) so
that they are also recommendations to the City Council with the
final decision being made by the City Council on the
consolidated applications.
Substantive:
2. Zoning Designations. Most of the project is
located in the OS zone. The southeastern portion of the project
is located in the RS -8 zone. Bleachers and ball control fencing
are located in both zoning districts.
3. Scope. The applications under review are for
bleachers and ball control fencing. The applications do not
involve the artificial turf contemplated by the applicant to
replace the existing grass fields. The proposed artificial
turf, and particular type of artificial turf, was not a part of
the consolidated application considered by the examiner and its
impacts are beyond the scope of this decision.
4. SEPA Issues. Mr. Wall's exhibits (Ex. 5) assert
deficiencies in the environmental checklist and environmental
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review of the proposal under the Washington State Environmental
Policy Act ("SEPA"). SEPA issues are beyond the scope of the
hearing examiner's recommendation and this decision. The
examiner and City Council only have jurisdiction to consider a
timely appeal of a SEPA threshold determination or adequacy of
an environmental impact statement. See WAC 197-11-
680(3)(a)(iii). Even that jurisdiction is somewhat questionable
since the applicant as opposed to the City was the SEPA lead
agency in this matter and issued the SEPA threshold
determination. When an agency initiates a proposal, it is the
lead agency for that proposal. See WAC 197-11-926(1). Lead
agency status can be disputed by another agency such as the
City, but only during the fourteen -day period after issuance of
a threshold determination. See WAC 197-11-340(2)(e). Here, the
District issued a DNS on February 27, 2015. The DNS is final and
binding on all agencies, subject to certain exceptions stated in
WAC 197-11-390 that are not applicable here. See also ECDC
20.15A.050.C. The District provides no administrative appeal of
the SEPA determination, and the City did not assume lead agency
status, so the adequacy of SEPA review is not an issue subject
to consideration by the City Council. Further, the City's
exercise of SEPA substantive authority as it takes governmental
action on the District's proposal must be consistent with the
existing environmental documents (SEPA checklist and threshold
determination) on the proposal and the limitations stated under
SEPA, SEPA rules, and the City's SEPA authorities.
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Mr. Wall cites to WAC 197-11-340(3)(a), which authorizes
the lead agency to withdraw a SEPA determination of
nonsignificance ("DNS") if there is significant new information
or the determination was procured by misrepresentation or
material nondisclosure. In this case the lead agency is the
applicant. The City has no authority to withdraw or overturn
the DNS.
S. Permit Review Criteria. A conditional use permit
is required for the portion of the project in the OS zone for
the bleachers and ball control fencing over 25 feet in height
pursuant to ECDC 16.80.010(C)(3) and ECDC 16.80.010(C)(4). ECDC
16.20.050(B) imposes a maximum height of 15 feet for accessory
structures in the RS -8 zone. Consequently, a variance is needed)
for the 30 -foot ball control fence in the RS -8 zone.
Conditional use permit criteria are governed by ECDC 20.05.010.
Variance criteria are governed by ECDC 20.85.010. All
applicable criteria are quoted in italics below and applied
through corresponding conclusions of law.
CONDITIONAL USE PERMIT
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.1
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6. Having now withdrawn the lighting application,
the proposal is consistent with the Comprehensive Plan. As
noted in the staff report to the Architectural Design Board, the
playfield upgrade project was included in the Parks, Recreation
and Open Space (PROS) Plan adopted by City Council in February
2014 (Attachment 10, page 3). This Plan is adopted by reference
in the Comprehensive Plan and specifically includes Objective
2.E which describes the project:
"Implement previous community process to work with the
Edmonds School District to redevelop the Former Woodway High
School site into a regional sports and recreation asset with
adult soccer/multi-sports turf fields, providing for year-round
recreation options and serving a growing community. Involve the
community in design development." [Chapter 4: Action Plan, page
In addition, staff feels that the proposal is consistent
with the design guidance found in the Community Culture and
Urban Design Element. Refer to Section G of Attachment 10
(pages 3 - 7) for further discussion on how this proposal is
consistent with the Comprehensive Plan.
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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.
7. The staff report analysis of Zoning Ordinance
compliance, located at pages 10-12 of the staff report, 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.
8. While the lights may have resulted in a
significant increase in traffic during nighttime hours, that
portion of the proposal has now been withdrawn. Note that the
hearing examiner found this criterion to be not met solely
because of the traffic impacts associated with the lighting.
Because the lighting application has been withdrawn, the City
Council determines that traffic impacts are adequately addressed
and that the criterion quoted above is satisfied and all permits
under the review of this decision should be approved. As
determined in Finding of Fact No. 5, the proposal will not
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create any significant adverse impacts now that the lighting
application has been withdrawn.
As to the bleachers and ball control fencing, there are no
impacts associated with those structures that would be
significantly detrimental to public safety and welfare. There
is nothing in the record to reasonably suggest that those
structures, limited to daylight use (without the field lights),
would generate a significant increase in traffic over existing
use. As determined in Finding of Fact No. 5, there are no other
significant impacts associated with the proposal as proposed and
conditioned. The criterion quoted above is met as to the
bleachers and ball control fencing.
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.
9. The conditional use permit shall be personal as
requested by the applicant. Given the nature of the impacts
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generated by the proposal, it is in the public interest to
maintain ownership of the use in the hands of a public agency
that is accountable to the public. The personal nature of this
conditional use permit, however, shall not prohibit the District
from entering into scheduling agreements for shared use with the
City of Edmonds and youth sports organizations.
VARIANCES
ECDC 20.85.010: No variance may be approved unless all of
the findings in this section can be made.
ECDC 20.85.010.A(1) - Special Circumstances: That, because
of special circumstances relating to the property, the strict
enforcement of the zoning ordinance would deprive the owner of
use rights and privileges permitted to other properties in the
vicinity with the same zoning.
a. Special circumstances include the size, shape,
topography, location or surroundings of the property,
public necessity as of public structures and uses as
set forth in ECDC 17.00.030 and environmental factors
such as vegetation, streams, ponds and wildlife
habitats.
b. Special circumstances should not be predicated upon any
factor personal to the owner such as age or disability,
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extra expense which may be necessary to comply with the
zoning ordinance, the ability to secure a scenic view,
the ability to make more profitable use of the
property, nor any factor resulting from the action of
the owner or any past owner of the same property;
10. The criterion is met for the variance because the
ball control fencing is a public necessity, as recognized in the
Edmonds Parks, Recreation and Open Space (PROS) Plan.
Specifically, Objective 2.E states:
"Implement previous community process to work with the
Edmonds School District to redevelop the Former Woodway High
School site into a regional sports and recreation asset with
adult soccer/multi-sports turf fields, providing for year-round
recreation options and serving a growing community. Involve the
community in design development." [Chapter 4: Action Plan, page
ECDC 20.85.010(B) - Special Privilege: That the approval of
the variance would not be a grant of special privilege to the
property in comparison with the limitations upon other
properties in the vicinity with the same zoning;
11. A height variance for ball control fencing in the
RS -8 zone based on public necessity would not constitute special
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privilege. Ball control fencing of a similar height shown on
Sheets F-2.5 and F-2.6 of Attachment 3 is proposed for the OS -
zoned portion of the site (through permit PLN20140067) and
exists at athletic fields on the Edmonds-Woodway High School
campus as well as Meadowdale High School, the new Lynnwood High
School, and other sports field installations throughout the
Puget Sound (Attachment 17 - fence letter).
ECDC 20.85.101€ - Comprehensive Plan: That the approval of
the variance will be consistent with the comprehensive plan;
12. The proposal is consistent with the comprehensive
plan for the reasons identified in Conclusion of Law No. 6.
ECDC 20.85.010(D) - Zoning Ordinance: That the approval of
the variance will be consistent with the purposes of the zoning
ordinance and the zone district in which the property is
located;
13. The proposal is consistent with the purposes of
the RS -8 and OS zones. One of the primary purposes of the
residential zones, as expressed in ECDC 16.10.000, is to protect
residential uses from hazards and nuisances, expressly including
noise. The purpose of the OS zone, as expressed in ECDC
16.65.000, is to designate land acquired by public agencies for
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open space uses and to regulate these open space lands
recognizing that they cannot be developed without severe
environmental impacts. The project design and conditions of
approval are designed to provide for compatibility with
residential use as contemplated by ECC 16.10.000. The retention
of the 50 to 200 foot forested buffer surrounding the ball
fields is consistent with the purpose of the OS zone.
ECDC 20.85.010.E - Not Detrimental: That the variance as
approved or conditionally approved will not be significantly
detrimental to the public health, safety and welfare or
injurious to the property or improvements in the vicinity and
same zone;
14. The criterion is met for the proposed 30 -foot
ball control fence variance. Installation of the ball control
fencing is not a pre -requisite to nighttime use and there is
nothing in the record to suggest that the fencing will directly
increase traffic generated by the proposal if it is limited in a
practical sense to daytime use in the absence of field lights.
With the ball field lighting application being withdrawn, the
ball fields will not create any other significant impacts as
determined in Finding of Fact No. 5.
ECDC 20.85.010(F) - Minimum Variance: That the approved
variance is the minimum necessary to allow the owner the rights
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lienjoyed by other properties in the vicinity with the same
1) zoning.
15. The proposed heights for the ball control fencing
are the minimum necessary to provide for safe and effective ball
field use. The criterion quoted above is met.
As to the ball fields, as detailed in Ex. 1, att. 17, the
30 -foot ball field fence height is necessary to protect
adjoining school property users and spectators from errant
balls. As further discussed in Ex. 1, att. 17, the fence height
is consistent with the heights of fencing for ball fields in
numerous other jurisdictions.
Design Review
The findings and conclusions of the planning division on
design review, Ex. 1, att. 10, were adopted by the Architectural
Design Board, the Hearing Examiner, and are adopted by this
decision as well. In addition, this decision adopts the
conditions of approval recommended by the Architectural Design
Board.
Having withdrawn the lighting applications, the applicant
has satisfied the general design criteria in ECDC 20.11.030, the
conditional use permit criteria in ECDC 16.80.020 and ECDC
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20.05.010, and the variance criteria in ECDC 20.85.010 with
respect to the consolidated application at issue. The findings
contained herein and adopted hereby satisfy the requirements of
ECDC 16.80.020, ECDC 20.05.010, ECDC 20.10.030 and ECDC
20.85.010. The design review, conditional use permit, and
variance are warranted under these circumstances.
For the reasons set forth above, the City Council hereby
APPROVES the applicant's design review, conditional use permit,
and variance requests. More specifically:
PLN20140065 (Design Review) is approved in its entirety,
except to the extent that it contemplates field lighting.
PLN20140066 (Height variance for ball control fencing in
the RS -8 zone) is approved.
PLN20140067 (Conditional use permit for bleachers,
playfield lighting, and ball control fencing height in the OS
zone) is approved for the bleachers and ball control fencing
with the portion of the application related to field lighting
having been withdrawn by the applicant prior to a final decision'
being rendered.
PLN20150009 (Height variance for light poles in the RS -8
zone) was withdrawn by the applicant.
PLN20150013 (Height variance for light poles in the OS
zone) was withdrawn by the applicant.
The approved permits shall be subject to the following
conditions of approval:
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1. The ball control fencing in the OS and RS -8 zoned
portions of the project site shall be a maximum of 30 feet in
height as shown on Sheets F-2.5 and F-2.6 of Attachment 3.
2. Fields shall not be scheduled for non -school
activities during regular school hours.
3. The Applicant shall give serious consideration to the
location of the double gate so as to not need to relocate it
once subsequent phases of the project are implemented.
4. The Applicant must apply for and obtain all necessary
permits. This application is subject to the requirements in the
Edmonds Community Development Code. It is up to the Applicant
to ensure compliance with the various provisions contained in
these ordinances.
5. The conditional use permit shall be personal to the
Edmonds School District and is not transferable.
6. Subsequent phases of this project, including any
future field lighting proposal, shall require separate land use
permitting processes as necessary.
7. The applicant shall work with staff to identify an
appropriate species of tree for the entry drive adjacent to the
fields.
8. The applicant shall continue to keep gate closed to
motorized vehicular traffic to 102nd Place West. The gate shall
only be used for emergency vehicles.
9. No noise amplification devices may be used at the
fields.
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10. No field lighting is permitted under the three subject
permits.
11. Fields shall be scheduled so that normal use (e.g.
normal length games) will end at 9:30 p.m. with a 30 minute
extension to 10 p.m. being allowed for extra innings and other
tie breakers. The fields shall not be used after 10:00 p.m.
under any circumstances.
12. The City of Edmonds shall continue to involve the
community in design development.
DONE this 5TH day of May, 2015.
CITY AF EDMONDS
--: " A _-,
Mar David 0. Earling
ATTEST AUTHENTICATED:
Scott M. Passey, ,,,,,CAty Clerk
APPROVED AS TO FORM:
.. . ...... ..
... ........ ....... . ...
Jeffrey B. Taraday, City Attorney
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