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07-05-22 Zoning Confirmation Letter for 21008 76th Ave W.pdf�1nC.ISO) May 22, 2007 CITY OF EDMONDS GARY FiAAFCENso MAYOR 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 771-0220 • FAX (425) 771-0221 Website: wwad,edmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building • Engineering Ms. Michelle Hopper Project Manager Assistant Zoning Information Services, Inc. P.Q. Box 720838 Norman, OK 73070 RE: ZONING CONFIRMATION LETTER FOR 21008 -76TH AVENUE WEST, EDMONDS, WA Dear Ms. Hopper: This letter is in response to your inquiry received on April 20, 2007 regarding 21008 — 76th Avenue West in Edmonds. Please refer to Attachment 1 for a zoning and vicinity map of the subject property to ensure that the address we have in our files matches the location of the property you are inquiring about. Specific answers to each of your questions follow: Zoning ComplianceNerification Letter: The current zoning of the subject property is RM -2.4 ("Multiple Family Residential") pursuant to Edmonds Community Development Code (ECDC) Chapter 16.30. Please refer to the attached copy of ECDC 16.30 (Attachment 2) for information on the allowable uses and applicable development regulations for the RM -2.4 zone. Per ECDC 16.30, medical facilities are allowed primary uses in RM zones, but require a conditional use permit. A conditional use permit was approved in 1994 (File No. CU -1993-222) for a physical rehabilitation addition to the Edmonds Care Center, which had been an existing nursing home. The conditional use permit is included as Attachment 3. If the building is still currently occupied by the Edmonds Care Center, the use is permitted under the above mentioned conditional use permit. • Adjacent Property Designations and Uses: Please refer to the enclosed zoningand vicinity map (Attachment 1) for the current zoning of the adjacent properties. The adjacent properties to the north and southwest are also zoned RM -2.4 ("Multiple Residential"), The properties to the northwest are zoned RS -8 ("Single Family Residential"). The properties to the south are zoned BN ("Neighborhood Incorporated August 11, 1890 Sister City - Hekinan, Japan Business"). The properties located on the eastern side of 76th Avenue West across from the subject property are zoned RM -1.5 and RM -2.4 ("Multiple Residentail"). • Variances, Special Permits or Conditions: A conditional use permit was approved in 1994 (File No. CU -1993-222) for the Edmonds Care Center. This conditional use permit is included as Attachment 3. • Code Violations: Staff is not aware of any current building code or zoning violations on the subject property. No nonconforming issues have been identified at this time; however, any nonconforming issues on the site would be subject to the requirements of ECDC Chapter 17.40. • Certificates of Occupancy A certificate of occupancy was issued for the subject property in 1965 for a nursing home. A second certificate of occupancy was issued for the subject property in 1995 for the Edmonds Care Center addition. Copies of both of these certificates are included for your reference. I hope this addresses your questions. If you have any further questions, please do not hesitate to contact me at (425) 771-0220, extension 1224. Sincerely, Jennifer Machuga, Planner Development Services Department CITY OF EDMONDS Attachments: 1. Zoning and Vicinity Map 2. ECDC Chapter 16.30 (RM -Multiple Residential) 3. Conditional Use Permit File No. CU -1993-222 4. Certificates of Occupancy of En opo Zoning and Vicinity Map Ile. 21008 - 76th Avenue West 200 100 0 200 Feet AMI Attachment 1 Edmonds Community Development Code Chapter 16.30 RM — MULTIPLE RESIDENTIAL Sections: 16.30.000 Purposes. 16.30.010 Uses. 16.30.020 Subdistricts. 16.30.030 Site development standards. 16.30.040 Site development exceptions. 16.30.000 Purposes. The RM zone has the following specific purposes in addition to the general purposes for residential zones of ECDC 16.00.010 and 16.10-000: A. To reserve and regulate areas for a vari- ety of housing types, and a range of greater densities than are available in the single-fam- ily residential zone, while still maintaining a residential environment; B. To provide for those additional uses which complement and are compatible with multiple residential uses. 1.6.30.010 Uses. A. Permitted Primary Uses. 1_ Multiple dwellings; 2. Single-family dwellings; 3. Retirement homes; 4. Group homes for the disabled, foster family homes and state licensed group homes for foster care of minors; provided, however, that halfway houses and group homes licensed for juvenile offenders are not permitted uses in a residential zone of the city; 5. Boardinghouses and rooming houses, 6. Housing for low income elderly in accordance with the requirements of Chapter 20.25 ECDC; 7. Churches, subject to the requirements of ECDC 17.100.020; 8. Primary schools subject to the requirements of ECDC .17.100.050(G) through (R); 16.30.010 9. Local public facilities that are planned, designated, and sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 10. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070. B_ Permitted Secondary Uses. 1. All permitted secondary uses in the RS zone, if in conjunction with a single-family dwelling; 2. Home occupations, subject to the requirements of Chapter 20.20 ECDC; 3. The keeping of one domestic animal; 4. The following accessory uses: a. Private parking, b. Private swimming pools and other private recreational facilities, c. Private greenhouses covering no more than five percent of the site in total; 5. Commuter parking lots containing less than 10 designated parking spaces in con- junction with a church, school, or local public facility allowed or conditionally permitted in this zone. Any additionally designated parking spaces that increase the total number of spaces in a commuter parking lot to 10 or more shall subject the entire commuter parking lot to a conditional use permit as specified in subsec- tion (D)(2) of this section, including commuter parking lots that are located upon more than one lot as specified in ECDC 21.15.075. C. Primary Uses Requiring a Conditional Use Permit_ 1. Offices, other than local public facili- ties; 2. Local public facilities not planned, designated, or sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 3. Day-care centers; 4. Hospitals, convalescent homes, rest homes, sanitariums; 16-10.1 Attachment 2 16.30.020 5. Museums, art galleries, zoos, and aquariums of primarily local concern that do not meet the criteria for regional public facili- ties as deigned in ECDC 21.85.033; 6. Counseling centers and residential treatment facilities for current alcoholics and drug abusers; 7. High schools, subject to the require- ments of ECDC 17.100.050(G) through (R); 8. Regional parks and community parks without a master plan subject to the require- ments of ECDC 17.100.070. D. Secondary Uses Requiring a Condi- tional Use Permit. 1. Day-care facilities of any size to be operated in a separate, nonresidential portion of a multifamily residential dwelling structure operated primarily for the benefit of the resi- dents thereof; 2. Commuter parking lots with 10 or more designated parking spaces in conjunction with a church, school, or local public facility allowed or conditionally permitted in this zone. [Ord. 3453 § 2, 2003; Ord. 3353 § 2, 2001; Ord. 3184 § 2, 1998; Ord. 3090 §§ 4, 5, 1996; Ord. 2820 §§ 1, 2, 1991; Ord. 2818 § 1, 1991; Ord. 2673 § 2, 1988; Ord. 2458 § 2, 1984; Ord. 2283 §§ 2, 3, 19821. 16.30.020 Subdistricts. There are established three subdistricts of the RM zone, in order to provide site develop- ment standards for areas which differ in topog- raphy, location, existing development and other factors. These subdistricts shall be known as the RM -1.5, RM -2.4, and RM -3 zones. (Revised 6105) 16-10.2 Edmonds Community Development Code 16.30.040 16.30.030 Site development standards. A. Table. Minimum Lot Minimum Area Per Minimum Minimum Minimum Maximum Parking Sub Dwelling Unit Street Side Rear Maximum Coverage (Spaces District (Sq. Ft.) Setback Setback Setback Height'°S M Per Unit) RM -1.5 1,500 15' 10' 15' 25' 45% 2 RM -2.4 2,400 15' 10' 15' 25' 45% 2 RM -3 3,000 152 15'2 15' 25' 45% 2 1 Roof only may extend five feet above the stated height limit if all portions of the roof above the stated height limit have a slope of four inches in 12 inches or greater. 2 RS setbacks may be used for single-family homes on lots of 10,000 square feet or less in all RM zones. 3 See Chapter 17.50 ECDC for specific parking requirements. 4 See definition of townhouse. S Maximum height for accessory structures if 15 feet. B. Signs and Design Review. See Chapters E. Corner Lots. -Comer lots shall have no 20.10 and 20.60 ECDC for regulations. rear setback; all setbacks other than street set - C. Location of Parking. No parking spaces backs shall be side setbacks. [Ord. 2559, 1986; may be located within the street setback. [Ord. Ord. 2526 § 4, 19851. 2559, 1986; Ord. 2424, 1984]. 16.30.040 Site development exceptions. A. Housing for the Elderly. Housing projects for the elderly are eligible for special parking and density provisions. See Chapter 20.25 ECDC. B. Setback Adjustments. Chapter 20.50 ECDC contains a procedure for adjusting set- back distances and locations in special situa- tions. C. Satellite Television Antenna. Satellite television antennas shall be regulated as set forth in ECDC 16.20.050 and reviewed by the architectural design board. D. Setback Encroachments. Eaves and chimneys may project into a required setback not more than 30 inches. Uncovered and unen- closed porches, steps, patios, and decks may project into a required setback not more than one-third of the required setback, or four feet, whichever is less; provided, that they are no more than 30 inches above the ground level at any point. 16-11 (Revised 3107) .890 199 - F aE 33 & , CITY OF EDMONDS-� s L �Ll LAURA M, HALL 250 - 5TH AVE_ N. • EDMONDS, WA 98020 • (206) 771-0220 • FAX (206) 773-0221 MAYOR HEARING EXAMINER FINDINGS AND DECISION OF THE HEARING EXAMINER OF THE CITY OF EDMONDS IN THE MATTER OF THE APPLICATION FILE: CU -93-222 OF EDMONDS CARE CENTER FOR APPROVAL OF A CONDITIONAL USE PERMIT DECISION: The conditional use permit is granted subject to the conditions listed. INTRODUCTION Reed Reinvald, agent for Edmonds Care Center, (hereinafter referred to as applicant) 21008 - 76th Avenue West, Edmonds, Washington 98026, requested approval of a conditional use permit for a nursing home to be developed on a site that is zoned RM - 2.4. The subject property is located at 21008 - 76th Avenue West, Edmonds, Washington. A hearing on the request was held before the Hearing Examiner of the City of Edmonds, Washington, on February 3, 1994. At the hearing the following presented testimony and evidence: STEPHEN BULLOCK Planning Department City of Edmonds Edmonds, WA 98020 STEPHEN J. WONG REED REINVALD 201 North I Street Tacoma, WA 98403 At the hearing the following exhibits were submitted and were admitted as part of the official record of this proceeding:. Exhibit A - Staff Report with the following attachments: Attachment 1 - Vicinity/Zoning Map of 2 - Application to 3 - Site Plan to 4 - Engineering Department 5 - Fire Department " 6 - Parks Department 7 - Public Works After due consideration of the evidence presented by the Applicant, and evidence elicited during the public hearing, the following • Incorporated August 11, 1890 . Attachment 3 Sister Cities International — Hekinan, Japan HEARING EXAMINER DECISION RE: CU -93-222 2/17/99 Page 2 Findings of Fact and Conclusions constitute the basis of the decision of the Hearing Examiner. FINDINGS 1. The applicant requested approval of a conditional use permit to allow an attachment to be developed onto an existing nursing home on a site that is zoned RM -2.4 located at 21008 - 76th Avenue West, Edmonds, Washington. 2. The applicant is the owner of the nursing home located at this site. They are proposing to build a 2,655 square foot Physical Rehabilitation Unit onto the existing facility. Medical facilities are allowed in an RM --2.4 zone, but require a conditional use permit. In this case, the proposed expansion requires an amendment to the current conditional use permit. 3. The subject property is approximately 99,865 square feet in area. 4. The zoning of the subject property is residential multi- family -2.4 (RM -2.4). 5. In order for a conditional use permit to be granted, the criteria of ECDC 20.05.010 must be satisfied. Those criteria include: A. The application must be consistent with the Comprehensive Plan of the City of Edmonds. B. The request must be consistent with the zoning standards of the City of Edmonds and the zoning district in which it is located. C. The requested conditional use permit must not be detrimental to the properties in the general vicinity or in the zone in which it is located. 6. Most surrounding properties are currently zoned with the same RM -2.4 zoning designation. Directly to the south, the property is developed with a commercial use and zoned within the BN zone. The proposed development will be consistent with the development on these properties and will not be detrimental to the public health, safety, and welfare. 7. Pursuant to the provisions of ECDC 20.15(b) the applicant must submit a Critical Areas Checklist. The applicant submitted the HEARING EXAMINER DECISION RR: CU -93-222 2/17/94 Page, 3 Checklist and the City of Edmonds issued a waiver from the requirements of preparation of a Critical Areas Study. 8. The site development standards for development in an RM zone are set forth in chapter 16.30. The applicant will be able to satisfy these standards. 9. The requested conditional use permit will not be in conflict with the zoning purposes of RM -2.4 zone. Due to the proximity of Steven's Hospital, several surrounding properties zoned RM -2.4 have been granted conditional use permits to develop as medical offices. The proposal is consistent with this development. 10. The subject property is designated as high-density residential in the Edmonds Comprehensive Plan. Although the Comprehensive Plan is silent about commercial uses in high density areas, development of medical office structures has been allowed in the area. The developments have been compatible with other uses and the proposed development will be compatible. 11. The required parking for a nursing home is one stall for each three beds, or 39 spaces in this case. In addition, the proposed rehabilitation spaces requires one stall for each 200 square feet of area, or 14 parking spaces. The site is currently developed with 64 parking stalls and the new addition will eliminate ten of them. This results in 54 parking stalls whale 53 are required. CONCLUSIONS 1. The applicant requested approval of a conditional use permit to allow an attachment to be developed onto an existing nursing home on a site that is zoned RM -2.4 located at 21008 - 76th Avenue West, Edmonds, Washington. 2. The Hearing Examiner of the City of Edmonds has jurisdictional authority to hold a hearing and to issue a decision. That authority is set forth in ECDC 20.100.010(b). 3. The criteria for review of a conditional use permits are set forth in ECDC 20.05.010. These criteria have been identified in the Findings of this document (Finding #5). The manner in which they are satisfied are also addressed in the Findings (Findings #6- 11). HEARING EXAMINER DECISION RE: CU -93-222 2/17/94 Page 4 DECISION Based upon the preceding Findings of Facts and Conclusions, the testimony and evidence submitted at the public hearing, and upon the impressions of the Hearing Examiner at a site view, it is hereby ordered that the requested conditional use permit to allow an addition to an existing nursing home to be developed on a site that is zoned RM -2.4 is granted subject to the following conditions: 1. This application is subject to the applicable 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. Attachments 4 through 7 are provided in this report to familiarize the applicant with some of the additional development regulations. These attachments do not include all of the additional regulations. 2. Prior to the issuance of a building permit, the applicant is required to receive approval from the Architectural Design Board for site, building, and landscape design. 3. The applicant shall -be responsible for keeping all streets clean and free of debris at all times. 4. This permit shall be valid for a period of one year from the date of approval of the conditional use permit to the date of submittal for a building permit. An allowance for one extension of one year is possible if approved by the Community Development Director. 5. The permit is transferable. Entered this 17th day of February, 1994, pursuant to the authority granted the Hearing Examiner under Chapter 20.100 of they Community Development Code of the City of Fe odds. A /I S M. DRISCOL ing Examiner NOTICE Off' R11GHT TO APPEAL Written appeals alleging spcific error of fact or other grounds for appeal may be filed with the Planning Department, City of Edmonds, Civic Center, Edmonds, Washington 98020, within fourteen (14) days of the date of the Hearing Examiner's final HEARING EXAMINER DECISION RE: CU -93-222 2/17/94 Page 5 action. In this matter any appeal must be received by the Department prior to 5:00 p.m. on March 4, 1994. FF 'r ? I, 4 r +. ��► %fir +c' r� z 0z : a E.J _ 5 loco 0 Z u W 04 LU ^L a�^ V CL z V W co Ow 4 W O z 0 W o'0 a V O z P ad W V z u E v MW --4, bl G7 La O U2 O z n GG 0 z 6 C) CfD cc Cd Y u 4 ti a m y � al O r rL 4zxr V —4 G 7 t ' N A N 41. Y H cd m U 0 0, Uzt H Q h a+l N � 4 V 7] fl. p Cl cb �r V& 0 t- 0 4 u, O W M d- 00 d 0 0 L6 . N d to 3 ro 0 r--1 F x F ooW zwP-4 azo fit � U U W �H U R. 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