R-09-36 Staff report with attachments.pdfCITY OF EDMONDS
121 - 5TH AVENUE NORTH, EDMONDS, WA 98020
PLANNING DIVISION ADVISORY REPORT
FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS
To: EDMONDS PLANNING BOARD
From: G�/Gt✓'
Mike Clugston, AICP
Planner
Date: July 10, 2009
File: R-2009-36 - Application by Oasis, Inc. to rezone the parcel located at 7631 212th
Street SW from "Residential Multi Family — 2.4" to "Neighborhood Business -
BN".
Hearing Date, Time, and Place: July 22, 2009,_ at 7:00 PM,
Edmonds City Council Chambers
Public Safety Complex
250 - 5Eh Avenue North
TABLE OF CONTENTS
Section Page
I.
INTRODUCTION..............................................................................................................................2
A.
APPLICATION.................................................................................................................. .......2
B.
RECOMMENDATION....................................................................................................................2
II.
FINDINGS OF FACT AND CONCLUSIONS.................................................................................2
A.
SITE DESCRIPTION..............................................................................................................................2
B.
STATE ENVIRONMENTAL POLICY ACT (SEPA)..................................................................................3
C.
EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLIANCE.............................................3
D.
COMPREHENSIVE PLAN.......................................................................................................................5
III.
ATTACHMENTS...............................................................................................................................6
IV.
PARTIES OF RECORD....................................................................................................................6
City of Edmonds c�a Planning Board
a. _ .. ... _. 1.
I. INTRODUCTION
A. APPLICATION
1. Applicant: Oasis, Inc.
2. Site Location: 7631 212th Street SW (see Attachment 1)
3. Request: Application for a rezone from "Residential Multi Family— 2.4" to
"Neighborhood Business - BN" (see Attachment 2)
4. Review Process:
a. Rezone — Planning Board conducts a public hearing and forwards a
recommendation to the City Council for final decision.
5. Major Issues:
a. Compliance with Edmonds Community Development Code (ECDC) Chapter
20.40 (REZONES).
b. Compliance with ECDC Chapter 20.100 (HEARING EXAMINER, PLANNING
ADVISORY BOARD AND CITY COUNCIL REVIEW).
B. RECOMMENDATION
Based on Findings of Fact, Analysis, Conclusions, and Attachments in this report, staff
recommends that the Planning Board make a recommendation to the City Council to
APPROVE this request to rezone 7631 212'h Street SW from "Residential Multi Family
— 2.4" to "Neighborhood Business - BN".
II. FINDINGS OF FACT AND CONCLUSIONS
A. SITE DESCRIPTION
1. Site Development and Zoning
a. Facts
(i) Size and Shape: The 1.44 acre parcel is rectangular in shape and fronts
directly on the north side of 212th Street SW about 250' west of the
intersection of 76th Avenue West.
(ii) Land Use: The subject property is currently developed with four office
buildings constructed in the mid-1960s. The three rectangular buildings are
currently used for medical offices and the round building (Building D) was
previously a real estate office among other things. If the rezone is approved,
the applicant's intent is to use the Building D as a pharmacy (retail) and then
locate a drive-through window in the building by applying for a conditional
use permit.
(iii) Zoning: Current zoning of the subject property is Residential Multi Family,
RM -2.4. A 1967 conditional use permit (CU -20-67) allowed the medical
office uses currently at the site.
2. Neighboring Development and Zoning
a. Facts
(i) North: The parcel immediately to the north of the subject parcel is zoned
RM -2.4 where a convalescent home is located.
(ii) East: The parcels immediately to the east are zoned BN and developed with
a drive-through restaurant and a small strip mall with neighborhood -oriented
retail uses.
(iii) South: Across 212'x' Street to the south is the Edmonds-Woodway High
School site.
(iv) West; The parcel to the west is zoned RM -2.4 and is developed with
approximately two dozen condominium units.
B. STATE ENVIRONMENTAL POLICY ACT (SEPA)
1. Fact; A Determination of Nonsignificance was issued on June 18, 2009. No appeals
were received. Because this is a non -project action, further environmental review
may be required with subsequent requests for specific project approvals.
C. EDMONDS COMMUNITY DEVELOPMENT CODE COMPLIANCE
1. ECDC Section 20.40 (Rezones)
a. Facts
(i) The RM and BN zoning classifications are included in Attachments 4 and 5
for reference.
(ii) The applicant has submitted materials in support of their application
(Attachment b). Their discussion addresses the factors to be considered for
a change in zoning.
(iii) ECDC 20.40.010 provides that, at a minimum, the following factors shall be
considered in reviewing an application for a rezone:
(1) Comprehensive Plan. Whether the proposal is consistent with the
Comprehensive Plan; and,
(2) Zoning Ordinance. Whether the proposal is consistent with the
purposes of the Zoning Ordinance, and whether the proposal is
consistent with the purposes of the proposed zone district; and,
(3) Surrounding Area. The relationship of the proposed zoning change to
the existing land uses and zoning of surrounding or nearby property;
and,
(4) Changes. Whether there has been sufficient change in the character of
the immediate or surrounding area or in city policy to justify the
rezone: and,
3
(5) Suitability. Whether the property is economically and physically
suitable for the uses allowed under the existing zoning, and under the
proposed zoning. One factor could be the length of time the property
has remained undeveloped compared to the surrounding area, and
parcels elsewhere with the same zoning; and
(6) Value. The relative gain to the public health, safety and welfare
compared to the potential increase or decrease in value to the property
MAlflii.`�
b. Anal
(i) Comprehensive Plan. The Comprehensive Plan designates the subject
parcel as "Mixed Use Commercial" within the Medical/Highway 99 Activity
Center. The proposed BN zoning is consistent with that designation (pg. 16,
2008 Comprehensive Plan) while the existing RM -2.4 designation is not.
The proposed rezone would bring the parcel into compliance with the
Comprehensive Plan.
(ii) Zoning Ordinance. The purposes of the BN zone are listed in ECDC 16.45
(Attachment 5). According to 16.45.000, the BN zone serves: "to reserve
areas, for those retail stores, offices, retail service establishments which
offer goods and services needed on an everyday basis by residents of a
neighborhood area" and "to ensure compact, convenient development
patterns by allowing uses that are operated chiefly within buildings. "
Rezoning the site to BN would permit the existing medical office uses to
continue by right and would allow for neighborhood -oriented retail uses
such as a pharmacy. A drive-through on the parcel would still require a
conditional use permit per ECDC 16.45.010.C.
(iii) Surrounding Area. The subject parcel is in a mixed use area containing
multi -family and office structures, public uses, and single-family residences.
In general, more intensive. uses lie to the east and south with less intensive
uses to the north and west. The uses on the parcel will remain largely the
same with the existing medical offices staying but allowing Building D to be
used for retail as opposed to office.
(iv) Changes. The character of the immediate vicinity of the subject parcel has
been stable for many years. The intersection of 212th Street SW and 76th
Avenue West has long been a neighborhood retail area including office uses,
multifamily residential, and Edmonds-Woodway High School. The subject
site has had medical office uses on it since the mid-1960s through
conditional use permit and those uses will remain; only the Building D is
anticipated to be used for retail at this time. Because of this, impact on the
surrounding area should be minimal.
(v) Suitability. The property in question is economically and physically
consistent with the descriptions in the existing Mixed Use Commercial
Comprehensive Plan designation and in the proposed BN zoning
4
classification. The site is flat, contains no critical areas (CRA20000048),
and has good auto, pedestrian, and transit access.
(vi) Value. It is expected that additional value will accrue to the subject property
owners since additional intensity of use will be available as the result of the
change from RM -2.4 to BN. Some additional value may also be added to
the city due to possible increase in the tax base.
c. Conclusions
(i) The proposed rezone is consistent with the Comprehensive Plan land use
designation for the subject property.
(ii) The proposed rezone is consistent with the purposes of the zoning
ordinance.
(iii) Based on the facts and analysis contained above, planning staff concludes
that the proposal meets all of the criteria for a change in zoning.
D. COMPREHENSIVE PLAN
1. Comprehensive Plan Policies
a. Facts
(i) This site is currently designated "Mixed Use Commercial" (see discussion
under C.Lb.(i), above). Excerpts from the Medical/Highway 99 Activity
Center and Commercial Land Use sections of the Comprehensive Plan are
included in Attachment 7. Relevant goals for the Medical/Highway 99
Activity Center include:
To discourage the expansion of strip commercial development and
encourage a cohesive and functional activity center that allows for
redevelopment that mixes multiple dwelling units, office, retail, and
business uses, along with public facilities.
A. 5. Support a mix of uses without encroaching into single family
neighborhoods.
b. Anal
(i) Upzoning the subject parcel from RM -2.4 to BN provides for an increased
mix of uses which is a stated goal in the Comprehensive Plan. Impacts
should be minimal if the change in zoning is approved, since the existing
structures will remain. Any future redevelopment at the site would have to
comply with height and bulk restrictions of the BN zone which are very
much similar to that of the existing RM -2.4 zone. The existing street system
and available amenities (sidewalks, transit, available park and recreation
opportunities) support the intensity of development that is proposed by the
rezone.
c. Conclusions
(i) The proposal is consistent with the policy direction in the Comprehensive
Plan.
E. TECHNICAL COMMITTEE
The Building and Engineering Divisions as well as the Fire, Public Works, and Parks and
Recreation Departments evaluated this application. Each group indicated that the current
proposal would not have an affect on their department. The departments will also review
the proposed conditional use permit for the drive-through window, as appropriate, and
any required building permits,
F. PUBLIC COMMENTS
One public comment letter was received during the review of this proposal which is
included as Attachment 8.
1. Ken Clay, owner of property located at 7500 212th Street SW, supports the proposed
rezone.
HI. ATTACHMENTS
1. Zoning Map
2. Comprehensive Plan Map
3. Aerial Photo of vicinity
4. ECDC 16.30 - RM zoning code
5 ECDC 16.45 - BN zoning code
6. Supporting materials submitted by the applicant
7. Comprehensive Plan policies
8. Ken Clay comment letter
IV. PARTIES OF RECORD
Don Miller
GWC Land Development
Consulting, LLC
8888 45th Place West
Mukilteo, WA 98275
Oasis, Inc.
15516 129th Ave. NE
Woodinville, WA 98072
ral
Ken Clay
Clay Enterprises
2002 196th Street SW
Lynnwood, WA 98036
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209TH ST SW
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Oasis, Inc. Rezone (R-09-36)
-09-37)
and Conditional Use Permit (CU
7631 212th Street SW
Edmonds, WA 98026
2
I
215TH ST SW
Zoning and Vicinity Map
i inch equa�s 250 feet T
Oasis, Inc., Rezone (R-09-36) AM
and'! Conditional Use Permit (CU -09-37) Comprehensive Plan Mai
7631 212th Street SW 1 inch equals 250 feet
Edmonds, WA 98026
Oasis, Inc. Rezone (R-09-36)
and Conditional Use Permit (CU-09-37) 1 i�nich = 250 feet
7631 212th Street SW
Edmonds, WA 98026
Chapter 16.30 RM — MULTIPLE RESIDENTIAL
Chapter 16.30
RM - MULTIPLE RESIDENTIAL
Sections:
16 30_000
Purposes.
1.6,.30.010
Uses.
16 30.020
Subdistricts.
1.6,30._030
Site development standards.
16,30.040
Site development exceptions.
Page 1 of 3
TGC >
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 variety of housing types, and a range of greater densities
than are available in the single-family residential zone, while still maintaining a residential
environment;
B. To provide for those additional uses which complement and are compatible with multiple
residential uses. [Ord. 3627 § 1, 2007].
16.30.010 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. Boarding houses 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 I.T.100..050(G) through (R);
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 2.0,20 ECDC;
3. The keeping of one domestic animal per dwelling unit in multiple -family buildings;
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 conjunction
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 subsection (D)(2) of this section, including commuter parking lots that are located
upon more than one lot as specified in ECDC .2-1-15.0 .75.
C. Primary Uses Requiring a Conditional Use Permit.
1. Offices, other than local public facilities;
Attachment 4
R-09-36
htip://www.mrse.org/mc/edmonds/edmondsl6/edmondsl630.html
Chapter 16.30 RM — MULTIPLE RESIDENTIAL
Page 2 of 3
2. Local public facilities not planned, designated, or sited in the capital improvement plan,
subject to the requirements of ECDC 17,1100,_050;
3. Day-care centers;
4. Hospitals, convalescent homes, rest homes, sanitariums;
5. Museums, art galleries, zoos, and aquariums of primarily local concern that do not meet
the criteria for regional public facilities as defined in ECDC 21.85.033;
6. Counseling centers and residential treatment facilities for current alcoholics and drug
abusers;
7. High schools, subject to the requirements of ECDC 17.100.050(G) through (R);
8. Regional parks and community parks without a master plan subject to the requirements
of ECDC 17.100.070.
D. Secondary Uses Requiring a Conditional 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 residents 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. 3627 § 1,
2007].
16.30.020 Subdistricts.
There are established four subdistricts of the RM zone, in order to provide site development
standards for areas which differ in topography, location, existing development and other factors.
These subdistricts shall be known as the RM -1.5, RM — Edmonds Way (RM -EW), RM -2.4, and RM -
3 zones. [Ord. 3627 § 1, 2007].
16.30.030 Site development standards.
A. Table.
` 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.
5 Maximum height for accessory structures of 15 feet.
6 The maximum base height of any building fronting on Edmonds Way may be increased to 30 feet
if the following apply to the site and proposed development:
(a) At least 50 percent of the parking for the subject building shall be enclosed inside a building or
buildings;
(b) The subject property is at least five feet lower at its lowest elevation than any adjacent
residentially (R) zoned property measured at its lowest elevation; and
(c) The proposed development integrates low impact development techniques where reasonably
feasible. For the purposes of this subsection, "low impact development techniques" shall include,
but shall not be limited to, the following; the use of bioswales, green roofs, and grasscrete.
hap:/1www.mrse.org/me/edmonds/edmondsI 6/edmondsl630.html 6/29/2009
Minimum Lot
Minimum 3
Area Per
Minimum
Minimum
Minimum
Parking
Dwelling Unit4
Street 2
Side 2
(tear
Maximum
Maximum
(Spaces
Subdistrict
(Sq. Int.)
Setback
Setback
Setback
Height
Coverage
Per Unit)
RM -1.5
1,540
15'
l0'
15'
251.5
45%
2
RM -EW
1,500
15'
lo'
15'
255,6,7
45%
2
RM -2.4
2,400
15'
t0'
15'
25'1,5
45%
2
RM -3
3,000
15'
15'
15'
25'1,5
45%
2
` 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.
5 Maximum height for accessory structures of 15 feet.
6 The maximum base height of any building fronting on Edmonds Way may be increased to 30 feet
if the following apply to the site and proposed development:
(a) At least 50 percent of the parking for the subject building shall be enclosed inside a building or
buildings;
(b) The subject property is at least five feet lower at its lowest elevation than any adjacent
residentially (R) zoned property measured at its lowest elevation; and
(c) The proposed development integrates low impact development techniques where reasonably
feasible. For the purposes of this subsection, "low impact development techniques" shall include,
but shall not be limited to, the following; the use of bioswales, green roofs, and grasscrete.
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Chapter 16.30 RM — MULTIPLE RESIDENTIAL
Page 3 of 3
"Reasonably feasible" shall be determined based upon the physical characteristics of the property
and its suitability for the technique; cost alone shall not make the use of the impact development
unreasonable or unfeasible.
7 In addition to any height bonus under note 6, the building may extend up to an additional five feet
if all portions of the roof above the height limit (after adding the height bonus under note 6) provide
a minimum 15 percent slope or pitch.
B. Signs and Design Review. See Chapters 2.0.1.0 and 20.60 ECDC. for regulations.
C. Location of Parking. No parking spaces may be located within the street setback.
D. Landscaping. In addition to the landscaping requirements set forth in Chapter 20.1 -
ECDC
any development in the RM — Edmonds Way zone shall retain at least 35 percent of the existing
healthy significant trees within the side and rear setbacks of the development site. The applicant
shall retain an arborist to determine the health of all significant trees within the side and rear
setbacks. For the purposes of this section, "significant tree" shall be defined as any tree with a
caliper greater than six inches measured at four feet above grade. Where it is not reasonably
feasible for the applicant to retain 35 percent of the existing healthy significant trees within the side
and rear setbacks, the applicant may replace any significant trees below the 35 percent threshold
as follows: each significant tree removed that reduces the percentage of retained significant
healthy trees below 35 percent shall be replaced with three new trees, each of no less than three-
inch caliper measured at four feet above grade. [Ord. 3627 § 1, 2007].
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. Satellite Television Antenna. Satellite television antennas shall be regulated as set forth in
ECDC 16.:20.050 and reviewed by the architectural design board.
C. Setback Encroachments.
1. Eaves and chimneys may project into a required setback not more than 30 inches.
2. Except as authorized by subsection (C.(3) of this section, uncovered and unenclosed
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.
3. In the RM — Edmonds Way zone, uncovered and unenclosed porches, steps, patios, and
decks may occupy up to one-half of the required street setback area along Edmonds Way;
provided, that these structures or uses are located no more than 20 feet above the ground level at
any point.
D. Corner Lots. Corner lots shall have no rear setback; all setbacks other than street setbacks
shall be side setbacks. [Ord. 3652 § 1, 2007; Ord. 3627 § 1, 2007].
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Voice: (2) 527-6831
Fax: (206) 527-8411
Email: CPC_@codepubiish_ing._c_om
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Chapter 16.45 BN — NEIGHBORHOOD BUSINESS
Chapter 16.45
BN — NEIGHBORHOOD BUSINESS
Sections:
16.45.000. Purposes.
16,45 .010 Uses.
16,_45.020 Site development standards.
16:45.0.3.0 Operating restrictions.
Page 1 of 2
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16.45.000 Purposes.
The BN zone has the following specific purposes in addition to the general purposes for
business and commercial zones listed in Chapter 16.40. ECDC:
A. To reserve areas, for those retail stores, offices, retail service establishments which offer
goods and services needed on an everyday basis by residents of a neighborhood area;
B. To ensure compact, convenient development patterns by allowing uses that are operated
chiefly within buildings.
16.45.010 Uses.
A. Permitted Primary Uses.
I. Single-family dwellings, as regulated in RS -6 zone;
2. Neighborhood -oriented retail stores, retail service uses, excluding uses such as
commercial garages, used car lots, taverns, theaters, auditoriums, undertaking establishments and
those uses requiring a conditional use permit as listed below;
3. Offices and outpatient clinics, excluding commercial kennels;
4. Dry cleaning stores and laundromats;
5. Small animal hospitals;
6. Churches, subject to the requirements of ECDC 17.100.020;
7. Primary and high schools subject to the requirements of ECDC 17,100.:050(G) through
(R);
8. Local public facilities designated and sited in the capital improvement plan, subject to the
requirements of ECDC 1.7._100...0..50.;
9. Neighborhood parks, natural open spaces, and community parks with an adopted master
plan subject to the requirements of ECDC 17._1.00.,070.
B. Permitted Secondary Uses,
1. Limited assembly, repair or fabrication of goods incidental to a permitted or conditional
use;
2. Off-street parking and loading areas to serve a permitted or conditional use;
3. One dwelling unit per lot, in the story above the street floor, with a minimum lot area of
6,000 square feet;
4. Commuter parking lots that contain less than 10 designated parking spaces in
conjunction with any local public facility allowed by this section. 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 subsection (D)(2)
of this section, including commuter parking lots that are located upon more than one lot as
specified in ECDC 2.1,.15,075,.
C. Primary Uses Requiring a Conditional Use Permit.
1. Commercial parking lots;
2. Drive-in businesses;
3. Businesses open to the public between the hours of 11:00 p.m. and 6:00 a.m.;
4. Convenience stores;
5. Local public facilities not planned, designated, or sited in the capital improvement plan,
subject to the requirements of ECDC 17,100,._0.5.0;
6. Day-care centers;
Attachment 5
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Chapter 16.45 BN —NEIGHBORHOOD BUSINESS
Page 2 of 2
7. Hospitals, convalescent homes, rest homes, sanitariums;
8. Museums, art galleries, zoos, and aquariums of primarily local concern that do not meet
the criteria for regional public facilities as defined in ECDC 21_.85.033;
9. Counseling centers and residential treatment facilities for current alcoholics and drug
abusers;
10. Regional parks and community parks without a master plan subject to the requirements
of ECDC '17 .100.070.
D. Secondary Uses Requiring a Conditional Use Permit,
1. Outdoor storage, incidental to a permitted or conditional use;
2. Commuter parking lots with 10 or more designated parking spaces in conjunction with a
facility meeting the criteria listed under subsection (C)(6) through (10) of this section. [Ord. 3353
§ 3, 2001; Ord. 3269 § 1, 1999'`; Ord. 3120 § 1, 1996; Ord. 2759 § 1, 1990; Ord. 2660 § 1, 1988;
Ord. 2283 § 4, 1982].
`Code reviser's note: Ord. 3269 expired August 13, 2000. For provisions on the outdoor display of merchandise, see
Chapter 17,_65 ECDC.
16.45.020 Site development standards.
A. Table.
Fifteen feet from lot lines adjacent to R zoned property.
R. Signs, Parking and Design Review. See Chapters 17,.50, 20:60. and 20.1.0 ECDC,
C. Screening. The required setback from R zoned property shall be permanently landscaped
with trees and ground cover and permanently maintained by the owner of the BN lot. A six-foot
minimum height fence, wall or solid hedge shall be provided at some point in the setback.
D. Satellite television antennas shall be regulated as set forth in ECDC 1.6.20.:050, and reviewed
by the architectural design board. [Ord. 2526 § 5, 1985].
16.45.030 Operating restrictions.
A. All uses shall be carried on entirely within a completely enclosed building except:
1. Public utilities and parks;
2. Off-street parking and loading areas and commercial parking lots;
3. Drive-in businesses;
4. Plant nurseries;
5. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC,
B. Nuisances. All uses shall comply with Chapter 1.7,60. ECDC, Performance Standards. [Ord.
3320 § 2, 20001.
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Minimum
Minimum
Minimum
Maximum
Minimum
Minimum
Street
Side
Rear
Maximum
Floor
Lot Area
Lot Width
Setback
Setback
Setback
Height
Area
BN
None
None
20'
None1
None1
25'
3 sq. ft. per
sq. ft. of lot
area
Fifteen feet from lot lines adjacent to R zoned property.
R. Signs, Parking and Design Review. See Chapters 17,.50, 20:60. and 20.1.0 ECDC,
C. Screening. The required setback from R zoned property shall be permanently landscaped
with trees and ground cover and permanently maintained by the owner of the BN lot. A six-foot
minimum height fence, wall or solid hedge shall be provided at some point in the setback.
D. Satellite television antennas shall be regulated as set forth in ECDC 1.6.20.:050, and reviewed
by the architectural design board. [Ord. 2526 § 5, 1985].
16.45.030 Operating restrictions.
A. All uses shall be carried on entirely within a completely enclosed building except:
1. Public utilities and parks;
2. Off-street parking and loading areas and commercial parking lots;
3. Drive-in businesses;
4. Plant nurseries;
5. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC,
B. Nuisances. All uses shall comply with Chapter 1.7,60. ECDC, Performance Standards. [Ord.
3320 § 2, 20001.
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vnir.w (?nm S97-nR.11
http://www.mrsc.org/me/edmoiids/edmondsl6/edmondsl 6451tm1 612912009
"i"j US 0
Land Development Consulting, LLC
8888 45" P1. W.
Mukilteo, WA. 98275
Rezone and! Conditional Use Permit narrative.
Oasis, Inc. -- Edmonds Medical / Professional Center
The proposal is to rezone the entirety of tax parcel 00614300001701, located at 7631 — 212 1h
to BN - Neighborhood Business, This rezone, will enable the existing medical
professional office buildings to no longer be nonconforming uses 'in a residential zone, The
rezone to BN - Neighborhood Business, will also enable one vacant building, the most
southerly building, to be utilized as a retail pharmacy.
The proposal is to obtain a conditional use permit to construct and operate one drive uA,i
window in said proposed pharmacy.
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A. Comprehensive Plan, Whether the proposal is consistent with the comprehensive
plan:
The requested BN -Neighborhood Business zoning is an implementing zone of the
Comprehensive Plan's designation of this area a "Medical / Highway 99 Activity Center.
B. Zoning Ordinance, Whether the proposal is consistent with the purposes of the
zoning ordinance, and whether the proposal is consistent with the purposes of the
proposed zone district.
The proposal is consistent with the requested zoning by providing permitted primary uses
such as: neighborhood retail stores (the proposed pharmacy) offices and outpatient clinics.,
The proposal is consistent with the requested zoning by providing uses requiring a
conditional use permit such as a drive-in business (the proposed pharmacy's drive -up
window).
C. Surrounding Area. The relationship of the proposed zoning change to the existing
land uses and zoning of surrounding or nearby property.
Phone: (425) 265-1558 & (425) 347-4627 Attachment 6
Cell: (425) 359-4416 e-mail gwe.cojisulting@verizomnet R-09-36
Properties to the east and southeast currently enjoy BN zoning with uses ranging from fast
food to medical centers. Properties to the west and north are occupied by multi -family
dwelling units that have abutted the site and its existing uses for many years — as has
Edmonds Woodway High School to the south.
D. Changes. Whether there has been sufficient change in the character of the immediate
or surrounding area or in the city policy to justify the rezone.
The changes in the character of the immediate area took place several years ago when the
existing on-site buildings were constructed, the fast food restaurant was constructed, and
various medical buildings were constructed. The proposed rezone will bring the site into
compliance with the existing uses.
E. Suitability. Whether the property is economically and physically suitable for the uses
allowed under the existing zoning, and under the proposed zoning. One factor could
be the length of time the property has remained undeveloped compared to the
surrounding area, and parcels elsewhere with the same zoning.
The site has not conformed to the current RM -2.4 zoning use since the zoning was
implemented. By observation, the site is economically and physically suitable for the
proposed zoning. The second criteria does not apply.
F. Value. The relative gain to the public health, safety and welfare compared to the
potential increase or decrease in value to the property owners.
The public will benefit by the rezoning the site to comply with the existing uses and by
providing a much needed locally owned retail pharmacy within the City of Edmonds - within
walking distance to several medical providers. As the existing buildings and current uses
already exist, with the exception of the pharmacy, there will be minimal increase or decrease
in value to the property owner, Oasis, Inc. or neighboring properties due to the rezone.
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Chapter 20.05
Conditional Use Permit decision criteria to be used by the Hearing Examiner.
A. That the proposed use is consistent with the comprehensive plan.
The Medical / Highway 99 Activity Center designation lists several benefits that the proposal
provides, including: The inclusion of a pharmacy with a drive -up window located within a
mixed use complex; located within a pedestrian friendly site served by public transit; while
providing a more active and vital setting for new retail, office, and service businesses,
supported by nearby residents and visitors from other parts of the region; and supporting a
mix of uses without encroaching into single family neighborhoods.
2
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.
The proposed use, a drive up pharmacy window, is consistent with the purposes of the
zoning ordinance and the proposed BN — Neighborhood Business zoning.
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 the nearby
private property or improvements unless the use is a public necessity.
The proposed use will promote public health, safety and welfare by providing a drive up
window at a locally owned pharmacy. This will be a convenience for sick or disabled persons
who need to fill a prescription without leaving their vehicle.
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 sued by a subsequent user of the same property.
It is requested that the drive up window be conditioned such that subsequent owners and/or
pharmacists, if any, be allowed to continue using the drive up window as long as they desire.
END
3
Land Use Element
Scope
Whenever there are references in this plan to categories of land use, they shall apply to areas
shown on the Comprehensive Plan Map as follows:
Plan Map Designation Land Use Type Compatible Zoning Density
Classifications Units/Acre
Activity Center
Corridor Development
Mix of uses; refer to specific
plan designations within
activity center
Mixed use development
corridor; refer to specific plan
designations within corridor
Designated Park or School Site Public Facility
Single Family, Resource
Single Family, Urban 3
Single Family, Urban 2
Single Family, Urban I
......... ..................
Multi Family - High Density
Multi Family — Medium Density
Mixed Use Commercial
Community Commercial
Neighborhood Commercial
Highway 99 Corridor
Edmonds Way Corridor
Westgate Corridor (Planned
Business)
See appropriate category below;
also refer to specific activity
center discussion in plan
See appropriate category below;
also refer to specific corridor
discussion in plan
P -zone or appropriate R -zone
compatible with neighborhood.
Single family RSW-12, RS -12, RS -20
<4
RS -10
< 4.4
RS -8
< 5.5
RS -6, RS -8
5-8
Multi family RM -1.5, RM -2.4
18-30
RM -2.4, RM -3.0
< 18
Commercial Mixed Use Commercial or
mixture of zones
BC, BN, or equivalent
BN or equivalent based on
neighborhood plan
CG, CG2; transitional zones as
appropriate
BP, BN, BC, or similar
commercial zone; RM zones
BP, BN
Hospital / Medical Special Use District Hospital oi- Medical zone
Master Plan Development Master Plan Master Plan Overlay or
equivalent classification
Public Use or Park/Open Space Public or Parks P, OS, or equivalent
classification
16
Attachment 7
R-09-36
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. Highway 99 is characterized by a corridor of generally commercial development
with less intense uses or designed transitions serving as a buffer between adjacent neighborhoods.
In contrast, 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 a park -like atmosphere. In addition to the general goals for activity centers, the
Medical/Highway 99 activity center is intended to achieve the following goals:
A. Goals for 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 for 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;
• Recognize and plan for the distinct difference in opportunities and development
character provided by the Highway 99 corridor versus the local travel and access
patterns on local streets;
• Promote the development of a mixed use area served by transit and accessible to
pedestrians;
• To provide a buffer between the high-intensity, high-rise commercial areas along SR
99 and the established neighborhoods and public facilities west of 76th Avenue West;
• To discourage the expansion of strip Commercial development and encourage a
cohesive and functional activity center that allows for redevelopment that mixes
multiple dwelling units, offices, retail, and business uses, along with public facilities;
• To provide a pleasant experience for pedestrians and motorists along major streets
and in a planned activity center, and provide a gateway along 212th Street SW into
the City of Edmonds;
• To provide an integrated network of pedestrian and bicycle circulation that connects
within and through the activity center to existing residential areas, the high school,
the hospital, and transit services and facilities.
Land Use 43
Within the activity center, policies to achieve these goals include the following:
A.1. Provide street trees, buffers, and landscape treatments which encourage and
support an attractive mixed use pattern of development characterized by
pedestrian walkways and centralized parking. Use these same features, in concert
with site and building design, to provide a transition from higher -intensity mixed
use development to nearby single family residential areas.
A.2. Provide a more efficient transportation system featuring increased bus service,
pedestrian and bicycle routes as well as adequate streets and parking areas.
Transit service should be coordinated by transit providers and take advantage of
links to future high-capacity transit that develops along corridors such as
Highway 99.
A.3. Development should be designed for both pedestrian and transit access.
A.4. Encourage a more active and vital setting for new retail, office, and service
businesses, supported by nearby residents and visitors from other parts of the
region.
A.5. Support a mix of uses without encroaching into single family neighborhoods.
Uses adjoining single family neighborhoods should provide transitions between
more intensive uses areas through a combination of building design, landscaping
and visual buffering, and pedestrian -scale streetscape design.
A.S. Uses adjoining the Highway 99 Corridor should provide more intensive levels of
mixed use development, including higher building heights and greater density.
However, pedestrian linkages to other portions of the activity center -- and
adjoining focus areas along the Highway 99 Corridor — should still be. provided
in order to assist pedestrian circulation and provide access to transit.
A.7. In some cases, heavy commercial development (e.g. wholesale or light industrial
uses) may still be appropriate where these uses are separated from residential
uses.
44 Land Use
CLAY ENTERvRISES
2402 196th St. S.W,
Lynnwood, Washington 98036
(425) 776-1234 / Fax: (425) 775-9736
.lune 22, 2009
City of Edmonds
121 5'1' Avenue North
Edmonds, WA 98020
ATTN- Michael Clugston, AICD
RE: File Numbers R-2009-36 and CU -2009-37
Address, 7631 212'h St SW
Edmonds, WA
Dear Mr. Clugston,
I am the owner of the property located at 7500 212"' St SW, Edmonds, WA. I would like
to add my support at this time for the re -zone at the above mentioned address.
I can be reached at 425-776-1234 if you have any questions please do not hesitate to
contact me.
Sincerely,
/enlay
Clay Enterprises, LLC
Owner
Attachment S
R-09-36