Staff report CU-09-37 with attachments.pdfCITY OF EDMONDS
121 - 5TH AVENUE NORTH, EDMONDS, WA 98020
PLANNING DIVISION ADVISORY REPORT I
FINDINGS, CONCLUSIONS, AND RECOMNIENDATIO?j
TO TVF VE.4,TTrVER
Project: Oasis, Inc., Drive -up Window
File Number: CU -2009-37
Date of Report: September 2, 2009
Planner:
Mike Clugston, AICD'
Planner
Public Hearing: September 10, 2009 at 3:00 P.M.
Edmonds Public Safety Complex: Council Chambers
250 5t" Avenue North, Edmonds WA 98020
I! CINLII lis FI it4wel aW16,11103-M.
businesses as a primary use in the
Neighborhood Business (BN) zone. The
proposal meets the definition of a 'drive-in
business' according to ECDC 21.20.040.
This application was submittedon June 5,
2009 at the same time as the rezone associated
with the project (R-09-36) and was determine(
to be complete on June 5, 2009 (Attachment
1). The applicant understood at that time that
the conditional use permit for the drive -up
window would be moot unless the parcel was
rezoned from RM -2.4 to BN. The Edmonds
City Council 1 1- A f I 11, f
y pp—, , rezone -
the parcel on August 17, 2009 (Attachment 2).
Page I of 6
Oasis, Inc., Drive -Up Window
File No. CU -200'9-37
The ordinance to finalize the rezone was due to be approved on the Council consent agenda on
September 1, 2009. However, due to technical difficulties in the Council chamber, the meeting
had to be cancelled and all agenda items were rescheduled. The ordinance was rescheduled for
the consent agenda on September 15, 2009. A condition will be added to this permit to indicate
that the associated rezone (R-09-36) must be approved by Council in order for the drive-through
window to be allowed.
A. Owner/Applicant: Oasis, Inc.
B. Contact Person: Don Miller, GW C Consulting
C. Tax Parcel Numbers: 00614300001701
D. ]location: 7631 212x'' Street SW
E. Zones: Neighborhood Business (BN)
F. Square Footage / Acreage: Building D is a 90'9 square foot round building at the southern.
end of the 1.44 acre site. The three other existing buildings on the site contain approximately
11,500 square feet of medical office space.
G.
Proposed t7se: Based or
the rezone of the subject
parcel from l -N4-2.4 to B
(R-09-36), the applicant
plans to establish a retail
pharmacy in Building D.
With the subject conditic
use permit, the applicant
intends to install a drive -
window in order to be ab
provide products to
customers in vehicles.
H. Existing Use: The subje
parcel is currently develc
with four buildings
constructed in the mid -
various points in the past.
This conditional use permit application does not require SBPA review; however, SEPA was
completed for the associated rezone application at the parcel.
A "Notice of Development Application" was published in the Herald Newspaper and was posted
at the subject site, Public Safety Complex, Development Services Department, and Library on
Page 2 of 6
Oasis, Inc., Drive -tip Window
File. No. CU -2009-37
June 18, 2009, one the same notice as the associated rezone (R-09-36). This notice was also
mailed to residents within 300 feet of the site on June 18, 2009, using a mailing list provided by
the applicant with the initial submittal of the application. A "Notice of Public Hearing" was
published and posted on August 20, 2009„ in the same way as the prior notice (Attachments 3
9). An affidavit of publication for the public hearing notice was not received in time to include
with the staff report.
►'�� Y �� � 1�� [��:ItYLi�►�;IL� 1 Y W Y YIiY
This application was evaluated by the City's Building and Engineering Divisions as well as the
Fire, Public Works and Parks and Recreation Departments.
The Pine, Parks and Recreation„ and Public Works Departments had no comments on the
proposal (Attachments 10-12). The Building Division noted that a building permit is required for
alterations to the building and interior space and for change of use/occupancy group (Attachment
13). The Engineering Division indicated that requirements parking and drive aisle widths must
meet code and will be reviewed at building permit (Attachment 14).
A. Critical Areas: A Critical Areas Checklist was submitted in 2000 (CRA20000048) and a.
waiver from further study was issued at that time.
B. Topography Soils, Wildlife, and Vegetation: No exterior changes to the site are proposed.
The neighborhood surrounding the subject site ht
been stable for many years. The subject parcel
was recently rezoned from Residential Multifami
(RM -2.4) to Neighborhood Business (BN) to allc
the applicant to establish a retail pharmacy at the
site. The other buildings on the site have been
used as medical offices since the 1960s. The
parcel immediately to the north is zoned RM -2.4
where a convalescent home is located. 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. Across 212'x' Street to the south is the
Edmonds-Woodway High School site. The parcel
to the west is zoned. RM -2.4 and is developed with
approximately two dozen condominium units.
212TH ST SW
With the exception of the Edmonds-Woodway High School parcel, the Comprehensive Plan
designates the bulk of the area surrounding the subject site is designated `Mixed Use
Cornrnercial' within the Medical/Highway 99 Activity Center.
The City of Edmonds Comprehensive Plan indicates a vision, goals and policies for development
within the Medical/Highway 99 Activity Center, excerpts of which are included below:
The Medical/1lightway 99 activity center is intended to encourage the development of a
pedestrian and transit oriented arecr focused on two master planned developments; Stevens
Purge 3 of 6
110
im
Oasis, Inc., Drive -Up Window
File No. CU -2009-37
Hospital and Edmonds-TVoodwgy High School, ivith a related high-intensity development
corridor along Highway 99,
To expand the economic and lax base of the City of EclmoncLy li Providing incentives lean
business and commercial redevelopment in a planned activity center.
To discourage the expansion, ol'strip
commercial development and
encourage a cohesive and functional
activity center that allows for
redevelopment that mixes multiple
dwelling aunts,offices, retail and
business uses, along with public
.facilities.
® Encourage a more active and vital
setting for ,actio retail, office and
service businesses supported by
nearby residents and visitorsfrom
other parts of'the region.
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VI I
I
The proposed redevelopment of Building D
to include a drive-in business is a compatible
use given the site's Comprehensive Plan designation. The project fits well within the context of
the existing developed site as well as with the larger 1' s!Tedicalighway 99 Activity Center due its
proximity to Stevens Hospital.
PUBLIC COMMENTS
To date, no public comments have been received on the subject proposal.
APPLICABLE CODES
A. ECDC 16.45 BN— Neighborhood B sloes:
Pursuant to ECDC 16.45.010.0.2, drive-in businesses are primary permitted uses that require
a conditional use permit. The applicant has filed the subject application for a conditional use
pennit in compliance with ECDC 20.05.
B. ECDC 17.50 Wff Street harking Reyulafions)
ECDC I7.50.020.B.I requires retail stores to provide parking at a rate of one space per 300
square feet. As noted before, the Snohomish County Assessor indicates Building D is 909
square feet. Because Building D was previously used as a medical office which required one
parking space per 200 square, it is assumed that parking will be sufficient for the drive-in
business. There are approximately 74 parking spaces currently available on site.
Compliance will be verified at building permit..
C. ECDC 20.05 (Co naditiynaI U.se Permits)
ECDC 20.05,010 contains the following review and approval criteria for Conditional Use
Permits:
A. That the proposed use is consistent with the Comprehensive Flan.
B. 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.
Page 4ofb
Oasis, tne., Drive -Up Window
File No. CU -2009-37
C. That the use, as approved or conditionally approved, will not be significantly
detrimental to the publie health, safety and welfare, and to nearby private property
or improvements unless the use is a public necessity.
D, The hearing examiner shall determine whether the conditional use permit shall ram
with the land or shall be personal If it reins 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 o f 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.
The applicant has submitted a Criteria Statement (Attachment 15) outlining how the proposal.
meets the above criteria. Staff generally agrees with the applicant's description.
A. As indicated in Section V111 of this report, the proposed drive-in business is consistent with
the City's Comprehensive Plan.
B. As discussed in Section X, the drive-in business is consistent with the City's zoning code as
long as the proposed conditional use permit is approved. Existing access to the site is
adequate and parking and drive aisle requirements will be confinned at building permit.
Ca As proposed, the proposed drive-in business does not appear to be detrimental to the
neighborhood since it will be located within an existing building on an existing developed
site.
D. This permit should not be personal to the applicant and may run with the land.
Based on the analysis and Attachment with this report, staff recommends APPROVAL of the
conditional use permit for a drive-in window in Building D at 7631 212`°' Street SW with the
following conditions:
A. This conditional use permit shall be valid only when the associated rezone request (li.-09-36)
is approved by the Edmonds City Council in ordinance form.
B. This application is subject to the applicable requirements contained in the Edmonds
Community Development Code (ECDC) and it is the responsibility of the applicant to ensure
compliance with the various provisions contained in these ordinances.
CA This conditional use permit to operate a drive-through window in Building D at 7631 212'x'
Street SW should run with the land.
Planning Division Don Miller
GWC Consulting
8888 45`x' Place West
Mukilteo, WA 98275
Oasis, Inc.
15516 129`t' Ave. NE
Woodinville, WA 98072
Page 5 of'6
XIV, ATTACHMENTS
1. Land Use Application
2. Draft Edmonds City Council minutes frorn August 17, 2009
3. Notice of Application
4. Affidavit of Posting
S. Affidavit of Mailing
6. Affidavit of Publication
7. Notice of Public Hearing
8,. Affidavit of Posting
9. Affidavit of Mailing
10. Comment from Fire Department
11. Comment from Department of Parks and Recreation
12. Comment from Department of Public Works
13. Conurient from Building Division
14. Comment from Engineering Division
15. Applicant's Criteria Statement
Oasis, Inc., Drive -Up Window
File No. CU -2009-37
Page 6 of 6
city of'
RECtWED
edmonds JUN 0 009
�,an,d use application I)EVELOPMENT SERVICES
C&I nar,7e,
ARCIII'IFCTURAL DESIGN REVIEW
XX �COMPRLAENSWE PLAN ANIENWMEN f 4K/V?0c1003]Z0NE.�M -2 .4
ONDIIIONAL USE PERMIF FILE ___
I 1`0NIF, OCCUPATION )A 13 �' 0- ( Vq. S
FOR.mAt SUBDIVISION FEE 6S -. Cis o -RECEIM' 9
SHORT SUBDIVISION
LOT I ANI - AD) IJS1 MENT HEARING DATE
PLANNED RESIDENTIAL DEVELOPMENT HE ) S I'AFF PB ADB cc
OFFICIAL S FREETMAP AMENDMENT
STREFFVACATK)N
XX REZONE
SHORELINE PERMIT
VARIANCE/ REASONABLE UsF EXCEPTION
OTHER:
PROP ERTYADDR ESS OR LOCATION 7631 212Lh St. SW
PROJFCTNXME(1FAPPL[CABLE) Edmonds Medical/Professional Center
PROPERTYOWNER Oasis, Inc PHONEi4 206-790.2227
ADDRESS 15516 129th Ave NE, Woodinville, WA 98072
E-MAIL AriDR-Ess samiraboulhoson4yahoc.cam. FAX A
TAXAC'('0[.JNT# 00614300OC1701 sf;u' 19 -1 WI, 27 N RNG 4 E
DE3(.'Itli'TI(JNOFPIZOJF.CTOIt13ROPOSF.,[)USE Rezone site from RM -2.4 to BN
(Neighborhood Business) to support existing uses and Conditional
Use Permit to a110W a proposed retail pharmacy to be established
in the most souLherly exisLLnq building that would utilize one
drive -up window,
APPLICAN't Same as owner
ADDRESS
E-MAIL AnDRE-ss FAx4
CONI-ACTPERSON/AGENT Don Miller / GWC Consulting p1j()NF1jf 425-265-1558
ADDRESS 8888 45th Place West, Muki.1reo, WA 98275
E-WILADDR-E-SS qwc -consul Ling@verizon - net
FAX 4
The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application
agrees to release, indemnify, defend and hold the City of Edmonds hai-niless trorn any and all damages, including
ieasonable attorney's fees, arising (Torn any action or iriftaction based in whole or part upon false, misleading,
inaccurate or incomplete information furnished by the applicant, hisAierlits agents or employees.
By my signature, I certify that the information and exhibits herewith submitted are true and correct to the best of my
knowledge and that I ain authorized to file this application on the belialfofthe owner as listed below.
Property Owner's Authorization
By my signature, ( Certify that I have authorized the above Applicant/Agent to apply for the .subject land use
application, and grant my permission for the public officials and the.qall'o( the City ofEdnioa& to enter the subject
Property for the purposes of mspection and posting a ndarit to, this application.
It
s o � is
SIGNATURE OF OWNE DA FH
'_"d verify wh I",
Chis application forni was revised on 1127100. To
it is still currcnj, call (425) 771-0220
L JABRARYTI-ANNINGTorn� & H..do.cklld,hlic Handa.uAWse Ap,plicat doc
Attachment 1
CU -09-37
Councilmeniber Bernheim also commended Mr. SlILIStCr. He referred to the environmental agenda and
the need to balance education and legislation.
MOTION CARRIED UNANIMOUSLY.
5. CLOSED RECORD REVIEW OF THE PLANNING BOARD'S RECOMMENDATION TO
APPROVE THE REZONE OF THE PROPERTY LOCATED AT 7631 212'rii STREET SW FROM
RESIDENTIAL MULTIFAMILY RM -2.4 TO NEIGHBORHOOD BUSINESS (BN). THE
APPLICANT IS OASIS, INC.
Mayor Haakenson invited Councilincinbers to make any disclosures under the Appearance of Fairness
Doctrine,
Councilmeniber Orvis advised six years ago he lived in Rustic Manor Condominiums which is
approximately one lot away from this site. He advised that would not affect his ability to make a fair and
impartial decision.
Councilmember Plunkett disclosed in 2005 lie accepted a $100 contribution from one of the parties of
record,, Clay Enterprises, As he did not feel he met the test of the appearance or rairnQss, he recused
himself from the closed record review. Councilmember Plunkett left the dais kind the Council Chambers.
Mayor Haakenson asked whether any of the parties of record, Doti Miller, Oasis, Inc,, or Ken Clay, had
any challenges to Councilmerriber Orvis' participation., There were no objections voiced.
Mike Clugston, Planner displayed an aerial photograph of the subject parcels, 6731 2128' Street
Southwest, just west of the intersection of 76'x' Avenue & 212"'. He explained the record consists of
Exhibit 1, minutes or the July 22, 2009 Planning Board public hearing; Exhibit 2, the staff report, and
Exhibit 3, the list of'parties ot'record. He explained there are Currently four buildings, three rectangular
and one round building, on the site that have existed since the 1960s. There is an existing conditional use
permit (CUP) for the four buildings currently used as medical offices. The site is currently zoned RM -
2.4. The round building on the site is currently vacant.
'Fire applicant has applied to rezone the Subject parcel from RM -2,4 to Neighborhood Business (13N) in
order to use the, round building as a retail pharmacy. Retail is not an allowed used in the RM zone.
Should the rezone be approved, the applicant would likely install a drive-through window which requires
a separate CUP, The Planning Board unanimously recommended the Council approve the rezone request,
citing its consistency with the Comprehensive Plan land use designation for the parcel and because it met
the six rezone criteria in the Zoning Code.
Applicant
Don Miller, GWC Land Development Consulting, Mulfflteo, representhi,- the applicant, Oasis, Inc.,
commented staffs analysis was very complete, He explained the proposed rezone met the Zoning Code,
implements the Comprehensive Plan and fulfills the applicant's intent to allow operation of a retail
pharmacy on the site. The applicant will submit a separate application For the drive-through window if
the rezone is approved.
Mayor Haakerison invited the parties of record to provide comment. None of the parties of record wished
to address the Council,
COUNCIIINIEMBER ORN'tS MOVED, SECONDED 13Y COUNCILMEMBER WAMBOLT, TO
DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE APPROVING THE CHANGE
IN ZONING, AS RECOMMENDED BY THE PLANNING BOARD.
Edmonds City Council Draft I
August I
Attachment 2,
CU -09-37
Councilmember Orvis commented the rezone would allow commercial uses on what was essentially a
commercial site.
MOTION CARRIED UNANIMOUSLY. (Councilmember Plunkett did not participate in the vote.)
Councilmember Plunkett returned to the dais.
UPDATE ON THE SOUTH COUNTY SENIOR CENTER.
Ha 'd lMcNayr, South County Senior Center Executive Director, explained the Senior Center was a
region 1 multi-purpose center providing programs and services for the senior population of South
Snohom h County. Programs and services are grouped in three major activity categories: 1 ) health and
wellness, social services and community outreach, and 3) education, recreation and social activity
programs. e current membership at the center totals approximately 1300 individuals and over 3,000
members and g sts take part in activities at the center.
The Center's missio statement is to advocate for the senior citizens in the community and provide a
variety of programs a services to help fulfill social service, recreational, educational, and health and
wellness needs of the se 'or community, with a view toward broadening and enhancing the quality of
their lives and stimulating �eative imaginations. The: Center is celebrating its. 41" year of service to the
community. The: Center is a n tuber of the Washington State Association of Senior Centers. It served as
a national model for formulating le requirements for certification as a multi-purpose senior center.
The SCSC serves the needs of the el ~ population of the community by providing extensive support for a
very diverse target population that fa s a multitude of issues including poor health, low and fixed
incomes, lack of employment training an pportunities, inadequate housing options and lack of personal
and family support. The SCSC functions a •rn access point for all community -aging services resources
while providing support and services in a wa , welcoming and accepting environment. The SCSC's
overriding goal is to maximize the independene of senior citizens, reduce or eliminate the need for
institutional care, while enhancing the quality of life.
He commented on losses people experience as they age, ommenting the need for programs and services
increases each year because seniors are the fastest growin segment of the population. This trend will
continue as people are living longer and healthier lives an because the baby boomer population has
achieved senior• status,
Mr. McNayr provided an overview of the three program areas:
• Health and Wellness Programs includes fitness and exercis classes, health screening, surplus
food clinic as a member of Food Lifeline, serve over 15,000 h lunches in their dining room
annually, loaned health assistance equipment, SHIBA advisers who rovide free health insurance
information to seniors, and an annual health fair
• Social Services and Community Outreach — caregivers resourc center„ Alzheimer's,
Parkinson's, diabetes and sigh impaired support groups, senior employmer service; information
and referral services, Sound Thrift Store that offers low priced goods seniors and the
community and provides revenue for the Center's operations; Country BOUtr ue consignment
store that provides extra income for senior crafters; AA1�P tax assistance, ransportation.
assistance for low income seniors, community breakfasts; themed din dinners and summe barbeques.
Education, Recreation and Social Programs — offer classes on a variety of subjec to,
planned trips using the Center's bus or van or Community Transit„ Sounder and Washingt State
ferry„ and guest lecturers
Edimancds City Council Draft Minutes
Aups I D7, 2009
Page 6
4111c� I B90
121 5TH AVENUE NORTH - EDMONDS, WA 98020 - (425) 771-02'20 - FAX (425) 771-0221
Websitewvmd.edmonds wa.us
DEVELOPMENT SERWCES DEPARTMENT
Planning - Building - Engineering
GARY HAA' ENSON
MAYOR
Notice of Development Applications an
Public Hearing Notice i
Name of Applicant: Oasis, Inc.
File Numbers: R-2009-36 and CU -2009-37
Project Location: 7631 212"n Street, SW, Edmonds
Where: Council' Chambers, Public Safety Complex
250 5t" Avenue North, Edmonds
When: July 22, 2009 (Rezone only), 7:00 PM
Application to Rezone 1.44 acrei parcel from Residential Multi -Family (RMA
2.4) to Neighborhood Business (BN). Public Comments are due on th
Rezone application only by: luly 22, 2009 (R-2009-36). I
Application for a Conditional Use Permit to allow a drive-through window in
Building D, the most southerly building! on the site. The subject parcel is
currently subject to a request to rezone the parcel from Residential Multi -
Family (RM -2.4) to Neighborhood Business (BN). The applicant requested
that the Conditional Use Permit (CU) be processed at the same time as the
rezone with the understanding that the Conditional Use Permit will be moot
unless the rezone is approved first by the City Council. There is no public
comment due date at this time, you will be notified at a later date. (Cu -
2009 -37).
For additional information or to comment, please contact Michael Clugston, AICD,
Edmonds Planning Division at (425) 771-0220 or 121 51"
Ave. N., Edmonds, WA,
98020. You can also access the permit status information on line at the following:
*Go to the City of Edmonds Website at cii.edmonds.waus
*Cl!ick on Quicklinks
*Click on Citizens Connect and follow the directions
You will be able to search by address or permit number. You, can check status
and review any attached documents associated with permits.
Incorporated August 11, 1890
Sister City - Hekinan, Japan
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wimpilELOILOM�
IIIIIIIIII! il Me
COUNTY OF SN'OHOMISH)
1, Michael Clugston, first duly sworn, on oath, depose and say:
That on the 18th day of June 2009, the attached Notice of Application was posted
as prescribed by Ordinance, and in any event, in the Civic Center and the Library,
and where applicable on or near the subject property.
Signed
Subscribed and sworn to before me this day of
Notary ub is in and for,*e State of Washington.
Residing: at
Attachment 4
CU -09-37
Mill
ASI "M
nlawvl� T/a1E'��' �*N I
F*��* M11*11110MV11 14.1 IM
1, Diane M. Cunningham, first duly sworn, on oath, depose and say:
That on the 18th day of June 2009, the attached Notice of Public Hearing was
mailed as required to adjacent property owners, the names of which were provided
by the applicant.
Signed_ Aum"
Subscribed and sworn to before me this day of Cle-7W
NotarOubis in and for If/(e State of Washington.
Residing at
Attachment 5
CU -09-37
to
NO'tIC'EOP DEVELOPMENT
— PPLYCATi'CCN —
NAME OF APPLICANT`.
Oasis, Inc-
FILENO.: CU -p9-37-
PRoJECT LOCATION:'
7631 212th Street SW
PROJECT DESCRIPTION:
The applicant is "seeking a
conditional use permit to at -
low a drive-through window in
Building D, the most southerly
building on the site. The sub-
ject parcel is currently subject
to a request to rezone the
rarcel from Residential Muttt-
family RM -2.4 to Neighbor-
hood Business - BN (R -o9-
36y. The applicant requested
that the CU be processed at
the same time as the'rezane
with. the understanding that
the Cu will tae moot unless
the rezone is approved by the.
City Council.
crrY.cONTACT: -
.I MilleClugston,'AICP
PUBLIC COMMENTS RUE B!L:.
To be determined..
Published: June 19, 2609r
R: (71 F7,1VED
JUN 2 9 2009
, `N �CITY CLERK
' ,
Account Name: City of Edmonds
M
The undersigned, being first duly sworn on oath deposes and says that she is principal Clerk of
THE HERALD, a daily newspaper printed and published in the City of Everett, County of.
Snohomish, and State of Washington; that said newspaper is a newspaper of general
circulation in said County and State, that said newspaper has been approved as a legal
newspaper by order of the Superior Conrt of Snohomish County and that the notice
Notice of Development `pplication
Oasis, Inc.
File No. CU -09-37
a printed copy of which is hereunto attached, was published in said newspaper proper and not
in supplement form, in the regular and entire edition of said paper on tine following days and
times, namely:
,Jutic 18, 2009
and that said ncwvspaper was regularly distributed to
Subscribed and sworn to Before nic this
day of June, 2009
Notary Pubhc in and
County.
.. Account Number:
during all of said period.
18th
14 State of Washln icily restdi`n,g at :we , Snohomish
.tM.r tY 4r
101416
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Attachment 7
CU -09-37
FILE NO.: CU -09-37
APPLICANT: OASIS
COUNTY OF SN�OHOMISH)
1, Michael Clugston, first duly sworn, on oath, depose and say:
That on the 20th day of August 2009, the attached Notice of Public Hearing was
posted as prescribed by Ordinance, and in any event, in the Civic Center and the
Library, and where applicable on or near the subject property.
11,7
Signed_ j� /�-
Subscribed and sworn to before me this day of aZeAOi,.t
9
Notafffy-Public in and the Mate of Washington.
Residing at LL51
Attachment 8
CU -09-37
FILE NO.: CU -09-37
APPLICANT: OASIS
STATE OF WASHINGTON)
COUNTY OF SNOHOMISH)
1, Diane M. Cunningham, first duly sworn, on oath, depose and say:.
That on the 20th day of August 2009, the attached Notice of Public Hearing was
mailed as required to adjacent property owners, the names of which were provided
by the applicant.
Signed—
Subscribed and sworn to before me this day of
Attachrnent 9
CU -09-37
Project Dumber: PLN -2009-37
Applicant's Name: EDMONDS MEDICAL/PROFESSIONAL CENTER
Property location: 7631 212TH ST SW
Date of Complete Application: 06.03.09
Zoning: Multiple Famllly (RM -2.4)
PROPOSEDProject Description: CONDITIONAL USE PERMIT FOR A DRIVE THROUGH WINDOW FOR A
PLEASE RETURN COMMENTS TO PLANNING DIVISION NO'L,ATER TN'AN' 6.14..09
If you have any questions or need clarification on
this project, please contact:
Responsible Staff: MIKE CLUGSTON
Ext. 1330
Name of Individual Submitting Comments: ,+
c r p
'
Title: f4l -lr- k r' (r`
k1lhrove reviewed this land use proposal
have reviewed this.land use proposal
omy department and have
for my department and have
concluded that IT WOULD NOT AFFECT
concluded that IT WOULD ,AFFECT MY
MY DEPARTMENT„ so I have no
DEPARTUIEN so I have provided
comments. My department may also
comments or conditions below or
review this project during the building
attached.
permit process (if applicable) and
reserves the right to provide additional
comments at that time.
Comments (please attach memo if additional space is needed):
The following conditions should be attached to this permit to ensure compliance with the
requirements of this department (please attach memo if additional space is needed):
Irate:
Signature:
Phone/E-mail: ---
Attachment 10
U-09-37
Project Number: PLN -2009-37
Applicant's Name: EDMONDS MEDICAL/PROFESSIONAL CENTER
Property Location: 7631 212TH ST SW
Date of Complete Application: 06.03.09
Zoning: Multiple Family (RM -2,.4)
Project Description: CONDITIONAL USE PERMIT FOR A DiRIVE THROUGH WINDOW FOR A
PROPOSED PHARMACY
If you have any questions or, need clarification on this project, please contact:
Responsible Staff: MIKE CLUGSTON Ext.- 1330
Name of I.ndividual Submitting Comments:
Title: A-- ) �SES: -(-A21 C,
1011, have reviewed this land use proposal
for my department and have
concluded that IT WOULD NOT AFFECT
MY DEPARTMENT, so I have no
comments. My department may also
review this project during the building
permit process (if applicable) and
reserves the right to provide additional
comments at that time.
El I have reviewed this land use proposal
for my department and have
concluded that IT WOULD AFFECT MY
DEPARTMENT, so I have provided
comments or conditions below or
attached.
Comments (please attach memo if additional space is needed):
The following conditions should be attached to this permit to ensure compliance with the
requirements of this department (please attach memo if additional space is needed):
Date:
Signature:_
Phone/E-mail:
Attachment 11
CU -09-37
Project Number: PL,N-2009-37
Applicant's Name: EDMONDS MEDICAL PROFESSIONAL CENTER I iv�l FN
Property Location: 7631 212TH ST SW
Date of Complete Application: 06.03.09
Zoning: Multiple Family (RM -2.4) pUBLIC WORK3 UL
Project Description: COADITIONAL-11-YE PEMillf FOA A DRlJ:E TAR01,GA 1,11AD01T, FOR A
PROPOSED PHARMACY
If you have any questions or need clarification on this project, please contact:
Responsible Staff: MIKE CLUGSTON Ext. 1330
Name of Individual Submitting Comments: i0ld Plot,
Title:
E] I have reviewed this land use proposal
for my department and have
concluded that IT WOULD NOT AFFECT
MY DEPARTMENT, so I have no
comments. My department may also
review this project during the building
permit process (it applicable) and
reserves the right to provide additional
comments at that time.
I have reviewed this land use proposal
for my department and have
concluded that IT WOULD AFFECT MY
DEPARTMENT so I have provided
comments or conditions below or
attached,
Comments (please attach memo if additional space is needed):
The following conditions should be attached to this permit to ensure compliance with the
requirements of this department (please attach memo if additional space is needed):
Signature:
Phone/E-mail:
Attachment 12
CU -09-37
CITY OF EDMONDS.— PLANNING DIVISION,
REQUEST FOR COMMENT FORM
Engineering 0 Fire El Public Works 0 Parks & Rec. �4ulldlng
I
Project Number: PLN -2009-37
Applicant's Name: EDMOO NDS MEDICAL/PROFESSIONAL CENTER
Property Location: 7631 212TH ST SW
Date of Complete Application: 06.03.09
Zoning: Multiple Family (RM -2.4)
Project Description* CONDITIONAL USE PERMIT FOR A DRIVE THROUGH WINDOW FOR A
PROPOSED PHARMACY
If you have any questions or need clarification on this project, please contact:
Responsible Staff: MIKE CLUGSTON Ext. 1330
Name of Individual Submitting Comments:lam' be., (e -
Title:
El I have reviewed this land use proposal
for my department and have
concluded that IT WOULD NOT AFFECT
MY DEPARTMENT, so I have no
comments. My department may also
review this project during the building
permit process (if applicable) and
reserves the right to provide additional
comments at that time.
0-1 have reviewed this land use proposal
for my department and have
concluded that IT WOULD AFFECT MY
DEPARTMENT, so I have provided
comments or conditions below or
attached.
Comments (please attach memo if additional space is needed):
The foIlowing conditions should be attached to this permit to ensure compliance with the
requirements of this department (please attach memo if additional space is needed):
Date:
Signature-,
Phone/E-mail: 4 - `-731-J' C" x1,:>A0 Attachment 13
CU -09-37
MEMORANDUM
Date: June 25, 2009
To: Mike Clugston, Planner
From: Jeanie McConnell, Engineering Program Manager
Subject: PLN20090036, Conditional Use — Pharmacy Drive Th ru
7631212"' St SW
Engineering has reviewed and approved the subject application with the following condition
to be noted in the staff report.
At the time of building permit application for the Pharmacy drive thrU window, the applicant
will be required to demonstrate all parking and drive aisle widths can be established and/or
maintained consistent with the EdmOuds Community Development Code.
Thank you.
City of Edmonds
Attachment 14
CU -09-37
le"
C.
Land Development Consulting, LLC
8888 45th P1. W.
Mukilteo, x.98275
June 3, 2009
The proposal is to rezone the entirety of tax parcel 00614300001701, located at 7631 — 212 1h
St. SW, 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 up
window in said proposed pharmacy.
I M a M M a 0a a 0 MI M a0 a a U 0 M MIN 0 a M M a N M ®®101® 00a0 b®:®® E a M M M 0 0 M M a a ®®®,®®M® M IN M E M a a a M IN 0 0 0 a M M MIN a M M a M U a M
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 15
Cell: (425) 359-4416 e-mail: gwc.consulting@verizon.net CU -09-37
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,
I EMEMME 91®.99199:9® 0 M ®®19®9'.99 mown MISMUMAMMERMSERM 0 ®919 '.991919 own M IMMURNMEMN MoMMM MMENSERMEM M 0 ME
Chapter 20.05
Conditional Use Permit decision criteria to be used bg- 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 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 reglion; and supporting a
mix of uses without encroaching into single family neighborhoods.
19
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 windlow 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.
"I
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