Cover letter for STF-2011-0003.pdf111101 Ir i rr,rii rriirrrrr
6
ATTORNEYS AT LAW L L P
Development Services Department
Planning Division
City of Edmonds
121 - 5th Avenue North
Edmonds, WA 98020
Hd 2025 First Avenue, Suite 500
Seattle, WA 98121-3140
Phone: 206.382.9540
Fax: 206.626.0675
10ly o www.GordonDerr.com
April 25, 2011
Re: Request for 'Zoning Confirmation, 22816 Edmonds Way ("Avalon Inn")'
Dear Sir or Madam:
I represent Edmonds Woodway L.L.C., owner of the property located at the above -
referenced address, and am requesting a Zoning Confirmation Letter for the property. On April
14, 2011, I met with Associate Planner Michael Clugston to discuss the history of permitting and
use of Avalon Im1 as a retirement home. We are now submitting this request for confirmation
that Avalon Inn may resurne use, as -built and under its existing site configuration, as a
"retirement home," pursuant to definition under the Edmonds Municipal Code ("EMC").
Additionally, we are requesting confirmation that Avalon Inn may be converted for use as a
"group home," as specified under the EMC. Edmonds Woodway L.L.C. is currently marketing
Avalon Inn for sale and intends to share the requested Zoning Confirmation Letter with potential
purchasers of the property.
Avalon h1n is located on approximately 1.21 acres in the City of Edmonds' Residential
Multifamily zone, or RM -1.5. Avalon Inn consists of a 36 -unit, three-story residential structure
that was used as either an assisted living facility or independent living housing between 1987 and
2009. Currently, the facility is vacant. The 36 units include 6 studios, 18 one -bedroom units,
and 12 two-bedroom units. The parking lot adjacent to Avalon Inn includes 35 surface stalls.
The structure was permitted in 1986 as a retirement home and constructed in 1987 under
Snohomish County's jurisdiction. The City of Edmonds annexed the property on December 15,
1997.
First Question:
1. Can Avalon Inn resume use as a "retirement home" under the EMC without the
requirement of any building or site modification?
Under EMC 16.30.010.A., permitted uses in the RM -1.5 zone include "retirement
homes." According to EMC 21.85.050:
City of Edmonds - 2 - April 25, 2011
Retirement home means a place of residence for several families or individuals in
apartment -like quarters, which may feature services such as limited nursing
facilities, minimum maintenance living accommodations, and recreation programs
and facilities.
Avalon Inn appears to meet this definition. Avalon Inn is a residential structure that
includes the following apartment -like quarters: 6 studios (each approximately 288 square feet),
18 one-bedroom/one-bath units (each approximately 575 square feet), and 12 two-bedroom/ 1 3/I -
bath units (each approximately 840 square feet). Each unit includes basic kitchen facilities,
including a sink, refrigerator, and countertop microwave. Avalon Inn also has a central kitchen
facility and a communal dining/recreation space.
Second question:
2. What uses are included in the definition of a "retirement home" under the EMC,
and how are these uses distinguished from the City's interpretation of
"convalescent homes, rest homes, sanitariums"? Please provide specific
examples of both uses.
Under EMC 16.30.010.B., uses in the RM -1.5 zone requiring a conditional use permit
include "hospitals, convalescent homes, rest homes, sanitariums." The EMC defines "hospital,"
however it does not define "convalescent homes," "rest homes," or "sanitariums." EMC
distinguishes convalescent homes, rest homes, or sanitariums from retirement homes in the RM -
1.5 zone, by conditioning the former three uses while outright permitting the latter use.
In order to assist potential purchasers in assessing permissible uses of Avalon Inn as a
"retirement home," we would like clarification as to how a retirement home differs from
convalescent homes, rest homes, sanitariums. Under the EMC definition, retirement home
implies an assisted living facility of sorts, where residents independently reside in their own
apartment but may rely on the facility for some meals or limited medical assistance. In contrast,
convalescent home, rest home, sanitarium perhaps implies a nursing home facility, where
residents share sleeping accommodations with other residents who are not considered family and
depend on facility staff for all basic needs (e.g., access to food,bathing, daily medical needs).
Third Question:
3. Based on Avalon Inn's current parking lot, which includes 35 off-street parking
stalls, can Avalon Inn resume use as a "retirement home" without installing
additional parking stalls?
The parking lot for Avalon Inn does not meet current parking space requirements set
forth in EMC 17.50.020. Avalon Inn consists of 36 units and has 35 parking stalls, resulting in a
parking stall to unit ratio that is slightly less than 1:1.
City of Edmonds -3 - April 25, 2011
We believe that Avalon Inn, along with its associated parking lot, meets the definition of
a nonconforming building and/or structure under Chapter 17.40 EMC. Accordingly, we are
requesting confirmation that Avalon Inn may be continued as -developed, so long as any future
use of Avalon Inn meets the definition of a retirement home under the EMC.
EMC 17.40.020.A. defines nonconforming building and/or structures as follows:
A nonconforming building is one which once met bulls zoning standards and the
site development standards applicable to its construction, but which no longer
conforms to such standards due to the enactment or amendment of the zoning
ordinance of the city of Edmonds or the application of such ordinance in the case
of a structure annexed to the city.
Avalon Inn meets this definition. Avalon Inn was originally developed and permitted
under the jurisdiction of Snohomish County in 1987. At the time, Avalon Im1 met site
development standards applicable to its construction. Avalon Iml no longer conforms to current
parking standards under the EMC, due to annexation by the City of Edmonds in 1997.
The fact that Avalon Inn has been vacant for approximately a year does not change this
conclusion. Under the EMC, nonconforming buildings and their associated parking lots may be
continued regardless of whether the building remains in use. Pursuant to EMC 17.40.020.B., "a
nonconforming building or structure may be maintained or continued, unless required to be
abated elsewhere in this chapter ...." And under EMC 17.50.010.B.I ., existing structures or uses
"shall not be required to comply with the requirements of this chapter ... if they have off-street
parking which complied with applicable regulations at the time the use began or the structure
was occupied." EMC 17.50.010.13.2 further states that an increase in parking spaces may be
required "if a change of use takes place, or an addition is built, which increase the number of off-
street parking spaces normally required by this chapter." However, there is no requirement that
the number of parking spaces be increased to current parking standards in the event of a lapse in
use or occupancy.
Accordingly, Avalon Inn's current vacancy should not impact a future owner who wishes
to resume use of the facility as a retirement home, as it has previously been used. The "Lapse of
Time" provision located in EMC 17.40.010.C. applies only to "nonconforming uses," and not to
"nonconforming buildings" such as Avalon Inn. "Nonconforming uses" are defined in EMC
17.40.010.A. as "one which was once allowed by applicable land use regulations, but is no
longer allowed due to the passage or later change of the ordinance codified in this chapter or a
prior ordinance." In the RM -1.5 zone, where Avalon Inn is located, "retirement home" is a
permitted use. As we understand the EMC, the current or a future owner of Avalon Inn should
not be prohibited from resuming the facility's use as a "retirement home," by retaining the
existing 36 units and 35 parking spaces as described above.
City of Edmonds - 4 - April 25, 2011
FourthQuestion:
4. Can Avalon Inn be used as a "group home for the disabled" or "state -licensed
group home for foster care of minors" under the EMC without requiring any
building, site, or parking lot modification?
"Group homes for the disabled" and "state -licensed group homes for foster care of
minors" are permitted uses in the RM -1.5 zone, pursuant to EMC 16.3 0.01 O.A. The EMC does
not define either use, nor does it provide building or site requirements specific to such facilities.
The City's off-street parking regulations at EMC 17.50.020.A.3 establish a one space per three
bed parking ratio for "residential social welfare facilities," a term which is not defined under the
EMC. If the City considers group homes for the disabled and state -licensed group homes for
foster care of minors to be residential social welfare facilities, then the EMC should allow
Avalon Inn to be converted to these two uses, accommodating up to 105 beds.
The only other conditions we observed for "group homes" appears in Chapter 20.18 of
the EMC. Group homes must submit an operating plan 30 -days prior to commencing operations.
The City will subsequently conduct an informational meeting regarding the group home and/or a
public meeting should the City receive three or more complaints by neighboring residences.
Approval of a group home by the City is not required prior to operation. Otherwise, there are no
additional criteria or requirements that a future owner of Avalon Inn must meet in order to
operate a group homes for the disabled and state -licensed group homes for foster care of minors.
Please find enclosed a check for $140.00, for the fee associated with our requested
Zoning Confirmation Letter. You may contact me at 206-382-9540 or rliaw@GordonDerr.com
with any questions related to this request.
Very truly yours,
GORDONDERR LLP
H. Ray Liaw
cc: Don McAbery, Trustee
Edmonds Woodway, LLC
590 Putter Court
Incline Village, NV 89451
Mike McKinstry
Yates Wood & MacDonald, Inc.
425 Pontius Avenue N., Suite 203
Seattle, WA 98109