Exhibit 1 - Staff Report.pdf1,Io.1S90
CITY OF EDMONDS
121 5TH AVENUE NORTH • EDMONDS, WA 98020 + (425) 771-0220 • FAX (425) 771-0221
Website: www.d.edmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT
Planning • Building • Engineering
PLANNING DIVISION
REPORT & RECOMMENDATION TO THE HEARING EXAMINER
Project: Stevens Professional Center Street Setback Variance
File Number: V-2009-28
Date of Report: Jr] 0, 2009 r4
a
From: ,Q�1n..� --�
Kernen Lien, Associate Planner
Public Hearing: June 18, 2009 at 3:00 P.M.
Edmonds Public Safety Complex: Council Chambers
250 - 5th Avenue North, Edmonds, WA 98020
I. SUMMARY OF PROPOSED ACTION:
GARY HAAKENSON
MAYOR
The applicant is requesting a variance for reduced street setback from the required 15 feet to 1
foot for the placement of an emergency generator. The generator is currently located along 216't'
St SW within the setback and is being moved approximately 28 feet to the west to make room for
a new driveway being processed under a separate permit. The generator's current location is also
within the setback and was approved under V-2002-196.
11. GENERAL INFORMATION:
1. Reguest: The applicant is requesting a setback variance to reduce the minimum required 15 -
foot street setback to 1 foot along 216 1h Street SW. (Attachments 1, 2 and 3)
2. Review Process: Variance — The Hearing Examiner conducts a public hearing and makes the
final decision.
3. Maior Issues:
a. Compliance with ECDC 16.30 (Multi -Family Residential).
b. Compliance with ECDC 20.13 (Landscaping Requirements)
c. Compliance with ECDC 23.40 (Critical Areas)
d. Compliance with ECDC 20.85 (Variances).
4. Owner/Applicant: Edmonds Associates, CIO Morris Piha Management Group
Exhibit 1
V-2009-28
• Incorporated August 11, 1890 •
Sister City - Hekinan, Japan
Stevens Professional Center
Setback Variance
File No. V-2009-28
5. Tax Parcel Number: 00461000100101,
6. Location: 21616 76`h Ave W (Address of Steven's Professional Center). The variance
request for the reduce setback is along the northern property line and 216`' St SW
(Attachment 4)
7. Zoning: nine: Multi -Family Residential (RM -2.4).
8. Lot Size: Approximately 133,167 square feet.
9. Existing Use: The site is developed with a medical office complex and associated parking
and landscaping.
10. Proposed Use: The proposed use in unchanged.
III. HISTORY / BACKGROUND:
In 2002, Puget Sound Ear, Nose and Throat applied for a variance to place the generator and
propane tank within the street setback at their current location along 210h St SW at the Steven's
Professional Center. The generator and propane tank were required because of a change in state
regulations that required fuel fired generators. Given how the site was developed and the
specifications of the generator and propane tank placement, it was determined that the current
location met the variance criteria and the variance was granted in 2003 (V-2002-196,
Attachment 5).
A new tenant at Steven's Professional Center, Life Center NW, is proposing to install a new
delivery driveway; the location of which requires the generator to be moved. The generator is
being moved the minimum necessary to accommodate the new driveway and still comply with
fire code in regard to its location to the propane tank and manufacture specifications with regard
to the generator's location to the building. Given current site development and design
limitations, the generators proposed location would still be within the required 15 -foot street
setback of 216`' St SW. As such, the applicant is seeking a variance to reduce the street setback
to 1 foot from the property line on the north side of the property.
IV. SEPA THRESHOLD DETERMINATION:
Variances granted based on special circumstances are exempt from SEPA review (WAC 197-11-
800(6)(b) and ECDC 20.15A.080). A variance alone 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 "Notice of Application/Notice of Hearing" to reduce the street setback from 15 feet to 1 foot
was published in the Herald Newspaper and posted at the subject site, Public Safety Complex,
Development Services Department, and Library on May 29, 2009. All notices were also mailed
to owners and residents within 300 feet of the site, based on the mailing list provided by the
applicant.
The City has complied with the noticing provisions of ECDC 20.91 (Public Hearings and
Notice). Copies of the notices and affidavits of mailing and posting are included as attachments
to this report (Attachment 6).
VI. TECHNICAL COMMITTEE:
This application was reviewed and evaluated by the City's Fire Department, Engineering
Division, Building Division, Parks and Recreation Department, and the Public Works
Department. No comments were received from any of these divisions/departments specific to the
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Stevens Professional Center
Setback Variance
File No. V-2009-28
placement of the generator. The Building Division commented that a building permit would be
required for the driveway and a mechanical permit would be required for the generator. The
Engineering Division also commented that a right-of-way permit would be required for the
driveway, Refer to Attachment 7 for copies of the review sheets received from each of these
divisions/departments.
VIL NATURAL ENVIRONMENT:
1. Topography: The subject site is relatively level.
2. Soils: According to the Soil Survey of Snohomish County Area, Washington, this
neighborhood consists of "Alderwood Urban Land Complex, 2 to 8% percent slopes"
3. Critical Areas: A Critical Areas Checklist was submitted under File No. CRA -2002-0201.
The subject property does not appear to contain any critical areas as defined by ECDC 23.40.
As a result, a waiver from the requirement to complete a study was issued.
4. Wildlife: Typical of an urban environment.
5. Vegetation: There are a number of mature trees and mature landscaping generally exists
along the northern boundary of the Stevens Professional. The site where the generator sits,
and where it is proposed to be moved, is one of the few places that lacks ground cover along
the northern side of the building. No existing landscape would be disturbed be the relocation
of the generator.
VIII. NEIGHBORHOOD CHARACTERISTICS:
The property to the north, across 216"' Street SW, is zoned Public Use (P) and is developed with
the Edmonds-Woodway High School baseball fields. The properties to the west and south are
zoned Multi -family Residential (RM -2.4) and developed with single and multi -family housing.
The property to the east, across 76"' Avenue W, is zoned Medical Use (MU) and is developed
with the Stevens Hospital Complex. (Attachment 4)
IX. PUBLIC CONCERNS:
To date, no public comment letters have been received.
X. APPLICABLE CODES:
1. ECDC 1.6.30 JRM — Multi -Family Residential
A. Development standards in the RM -24 zone are as follows, pursuant to ECDC 16.30.030:
Page 3 of 8
Minimum
Lot Area
Minimum
Minimum
Minimum
Maximum
Minimum
Sub
Per
Street.
Side
Rear
Maximum
Coverage
Parking
District
Dwelling
Setback
Setback
Setback
Height
Height
(11/0)
(Spaces Per
Unit
Unit)
(Sq. Ft.)
R1V1-2.4
2,400
15'
10'
15'
25'
45%
2
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Stevens Professional Center
Setback Variance
File No. V-2009-28
B. The only deviation from the RM -2.4 development standards for the subject site is the
requested street setback variance. The minimum distance a structure can be located from
the street 15 feet. The subject property is a corner lot and has street setbacks along 76`n
Avenue W and 216`x' St SW. The applicant is requesting to reduce the street setback
along 216"' St SW from the required 15 feet to 1 foot.
2. ECDC 20.13.030 (Landscape types)
A. The existing generatonand propane tank underwent Architectural Design Board (ADB)
Review. The ADB approved the current equipment screen which was to be composed of
a chain link fence and arborvitae. While the fences have been installed, it appears the
arborvitae were either not plant or they did not survive (See pictures on Attachment 3,
Sheet Al. 0)
B. The appropriate landscaping for this development and location is Type III landscaping
which is intended to provide visual separation of uses from streets, and visual separation
of compatible uses so as to soften the appearance of streets, parking areas and building
elevations. Pursuant to ECDC 20.13.030.C, the requirements of Type III landscaping are
as follows:
1. Evergreen and deciduous trees, with no more than 50 percent being deciduous, a
minimum of six feet in height, and planted at intervals no greater than 30 feet on
center, and
2. If planted to buffer a building elevation, shrubs, a minimum of three and one-
halffeet in height, and living ground cover planted so that the ground will be
covered within three years; or
3. If planted to buffer a parking area, access, or site development other than a
building, any of the following alternatives may be used unless otherwise
noted.-
a.
oted:a. Shrubs, a minimum of three and ane -half feet in height, and living ground
cover must be planted so that the ground will be covered within three
years.
b. Earth -mounding, an average of three and one-half feet in height, planted
with shrubs or living ground cover so that the ground will be covered
within three years. This alternative may not be used in a downtown or
waterfront area.
c. A combination of earth mounding, opaque fences and shrubs to produce a
visual barrier at least three and one-half feet in height.
C. No trees will be removed as a direct result of moving the generator. The landscaping
proposed for the generator and propane tank is consistent with the requirements of Type
III landscaping (Attachment 3, Sheets L-1 through L-3). Some trees may be removed in
conjunction with construction of the driveway. Compliance with ECDC 20.13.030.C.1
and tree removal associated with the driveway will be evaluated with the right-of-way
permit for the driveway.
3. ECDC 23.40 (Critical Areas)
A. A Critical Areas Checklist was submitted under file number CRA -2002-0201. The
subject property does not appear to contain any critical areas as defined by ECDC 23.40.
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Stevens Professional Center
Setback Variance
File No. V-2009-28
As a result, a waiver from the requirement to complete a study has been issued
(Attachment 8).
4. ECDC 20.85 (Variances)
A. ECDC 20.85 states that an applicant may request a variance from the standards of this
chapter pursuant to the procedures set forth in ECDC 20.85. This chapter also sets forth
the mechanism whereby a provision of the code may be varied on a case-by-case basis if
the application of the provision would result in an unusual and unreasonable hardship.
ECDC 20.85.03 0 contains the findings that must be made in order for a Variance
application to be approved. According to the aforementioned code section, "No
variance may be approved unless all of the findings in this section can be made. " The
findings are as follows:
Q 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;
1 Special circumstances include the size, shape, topography, location or
surroundings of the property, public necessity as of public structures and uses
set forth in ECDC 17, 00.030 and environmental factors such as vegetation,
streams, ponds and wildlife habitats;
1 Special circumstances should not be predicated upon any factor personal to the
owner such as age or disability, 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;
Q Sofecial Privilege. That the approval of the variance would not be a grant special
privilege to the property in comparison with the limitations upon other properties in
the vicinity with the same zoning,-
[Z
oning;Q Comprehensive Plan. That the approval of the variance will be consistent with the
comprehensive plan;
Q Zoning Ordinance. That the approval of the variance will be consistent with the
zoning ordinance and the zone district in which the property is located;
Q 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;
Q Minimum Variance. That the approved variance is the minimum necessary to allow
the owner rights enjoyed by other properties in the vicinity with the same zoning.
B. Connell Design Group has submitted a criteria statement on behalf of the applicant
explaining why they believe the proposed variance should be granted. (Attachment 2).
C. Staff Findings on Variance criteria for V-2009-28:
1. Special Circumstances — As indicated on the site plan (Attachment 3) the site is
fully developed with the building, parking, and landscaping. Under the original
variance (V-2002-196, Attachment 5), in exploring suitable locations for the
generator and propane tank, the original applicant looked for locations to place the
equipment that would meet the required zoning setbacks. Any location that met the
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Stevens Professional Center
Setback Variance
File No. V-2009-28
setbacks was within the parking lot for the facility or within an existing landscaped
bed. It was determined parking requirements for the site could not be met if the on-
site parking was reduced.
The propane tank and generator have specific separation requirements. Fire code
requires the propane tank to be 10 feet from any source of ignition (including the
generator) and the generator specifications require it to be located 10 feet away from
any wall opening such as a window or door (See Wilcox Construction letter from
previous variance, Attachment 9). These same constraints still apply to this variance
request and placement of the generator.
Special circumstances exist on the location with the existing building, parking and
mature landscaping on site. Additionally, the requirements of separation for the
generator and propane tank add to the special circumstances.
2. Special Privilege —The applicant will not be granted a special privilege. The special
circumstances of the site and equipment as discussed above led to the previous
variance being issued. This is a simple relocation of the generator and is not
granting any special privilege.
3. Comprehensive Plan — The Comprehensive Plan designation for this site is "Mixed
Use Commercial," and the site is also located within the "Medical/Highway 99
Activity Center." The City of Edmonds Comprehensive Plan has a vision for mixed
use development and the Medical/Highway 99 Activity Center to achieve this vision.
The applicable excerpts are shown below:
Commercial Land Use Development
B. Goals for Commercial Development: Commercial development in
Edmonds shall be located to take advantage of its unique locational
opportunities while being consistent and compatible with the character
of its surrounding neighborhood. All commercial development should
be designed and located so that it is economically feasible to operate a
business and provide goods and services to Edmonds residents and
tourists in a safe, convenient and attractive manner, in accordance with
the following policies:
B.4. The design and location of all commercial sites should provide
for convenient and safe access for customers, employees and
suppliers.
B.5. All commercial developments should be carefully located and
designed to eliminate or minimize the adverse impacts of heavy
traffic volume and other related problems on surround land
uses..
Medical/Highway 99 Activity Center and Highway 99 Corridor
The Medical/Highway 99 activity center is intended to encourage the
development of a pedestrian and transit oriented area focused on two master
planned developments, Stevens Hospital and Edmonds-Woodway high School,
with a related high-intensity development corridor along Highway 99... the
overall character of the mixed use activity center is intended to be an intensively
developed mixed use, pedestrian friendly environment, in which buildings are
linked by walkways served by centralized parking and plantings and landscaping
promote pedestrian activity and park -like atmosphere..
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Setback Variance
File No. V-2009-28
A. Goals far the Medical/Highway 99 Activity Center.
• To expand the economic and tax base of the city of Edmonds by
providing incentives for business and commercial redevelopment in a
planned activity center.
• Provide far an aesthetically pleasing business and residential
community consisting of a mixed use, pedestrian friendly atmosphere of
attractively designed and landscaped surroundings and inter -connected
development.
The proposal for the new driveway which is prompting this variance request to move
the generator from its current location the proposed location is consistent with the
comprehensive plan. The proposal is consistent with the goals and objectives in the
comprehensive plan in that it uses landscaping to buffer the equipment, places the
equipment so that existing trees may be preserved, and is consistent with the way
similar equipment is treated on site and on surrounding sites.
4. Zoning Ordinance — Refer to Section X of this report for a discussion on
consistency with the criteria given the Edmonds Zoning Ordinance. The only
deviation from the zoning ordinance is the request for a reduced setback. If the
proposed variance is approved, then the use will be consistent with the Zoning
Ordinance.
5. Not Detrimental — The proposed variance request does not appear to be detrimental.
The proposed landscaping will improve the visual impact of the generator and the
propane tank. Though the generator is located within the setback, it is not a setback
from a property line that is adjacent to a residential use. Additionally, the generator
is been in its current location for a few years and has apparently not had any negative
impacts. The proposed location is near the generators original location and is not
likely to add any negative impacts.
b. Minimum Variance — Given the site development, design limitations of the propane
tank and generator (distance from each other and the building), and existing
landscaping, the requested variance seems to be the minimum necessary.
XI. CONCLUSION AND RECOMMENDATION:
Based on the analysis within and attachments to this report, staff feels the proposal is consistent
with the criteria identified in ECDC 20.85.010 and recommends APPROVAL of the setback
variance as requested in the applicant's application (Attachment 1) and as depicted on the
applicant's site plan (Attachment 3), 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.
2. The applicant must obtain all applicable permits for the proposed generator, and the
applicant must comply with all the terms of any future permits.
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Stevens Professional Center
Setback Variance
File No. V-2009-28
XII. PARTIES OF RECORD:
Edmonds Associates Connell Design City of Edmonds
CIO Morris Piha 22002 64`h Ave W Planning Division
Management Group Suite 2C Engineering Division
14100 SE 36"' St, Suite 200 Mountlake Terrace, WA 98043 Building Division
Bellevue, WA 98015
XIII. ATTACHMENTS:
1.
Land Use Application
2.
Applicant Criteria Statement
3.
Site Plans
4.
Zoning and Vicinity Map
5,
Hearing Examiner Decision V-2002-196
6.
Notice affidavits
7.
City of Edmonds Department/Division Review Sheets
8.
Critical Area Waiver CRA -2002-0201
9.
Wilcox Construction letter dated September 26, 2002
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