StaffReport_CU-08-20.pdf
PLANNING DIVISION
REPORT & RECOMMENDATION TO THE HEARING EXAMINER
Project:
Dr. ReichlerÓs Temporary Office Trailer Î Conditional Use Permit
File Number:
CU-2008-20
Date of Report:
June 10, 2008
From:
____________________________
Gina Coccia, Associate Planner
Public Hearing:
June 19, 2008 at 3:00 P.M.
Edmonds Public Safety Complex: Council Chambers
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250 5 Avenue North, Edmonds WA 98020
I.SUMMARY OF PROPOSED ACTION:
The applicant, Dr. Robert Reichler, has proposed a temporary office trailer on the lower parking
lot of his property to accommodate his medical practice (psychiatric) during the remodel of his
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Avenue West in the Multiple Residential (RM-2.4) zone. The
office building at 21827 76
temporary office trailer will be removed once the remodel is completed (estimated Summer
2008). Dr. Reichler applied for and obtained Conditional Use Permit and Architectural Design
Board approval last year for the major remodel of his office building (CU-2006-153 and ADB-
2006-154), and is seeking to add a temporary office trailer (approximately 14Óx60Ó according to
the applicant) to the eastern portion of the site, in order to provide continual treatment to his
existing customers.
The following is staffÓs analysis of the project.
II.GENERAL INFORMATION:
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1.Request:
A Conditional Use Permit for a temporary office trailer at 21827 76 Avenue West.
2.Review Process:
Conditional Use Permit (CUP) Î the Hearing Examiner conducts a public
hearing and makes the final decision.
3.Major Issues:
Exhibit 1
CU-2008-20
Reichler Temporary Office Trailer
File Number: CU-2008-20
a.
Compliance with ECDC 16.30 (RM Î Multiple Residential).
b.
Compliance with ECDC 17.70.010 (Other Temporary Buildings).
c.
Compliance with ECDC 17.50 (Off Street Parking Requirements).
d.
Compliance with ECDC 20.05 (Conditional Use Permits).
4.Owner(s):
Robert & Judy Reichler, Ltd. Partnership, LLC (Exhibit 3).
5.Applicant:
Dr. Robert J. Reichler (Exhibit 3).
6.Tax Parcel Number:
00545500100100.
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7.Location:
21827 76 Avenue West (Exhibit 2).
8.Zoning:
Multiple Residential (RM-2.4).
9.Lot Size:
Approximately 14,944 square feet.
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10.Access:
The site is accessed off of 76 Avenue West, which is designated a ÐMinor Arterial,Ñ
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as well as from 219 Street SW, which is designated as a ÐLocal StreetÑ on the CityÓs
Roadway Classification Map.
11.Existing Use:
Medical/office building, currently under construction.
12.Proposed Use:
Temporary office trailer, to be removed when the office building is
completed.
III.HISTORY / BACKGROUND:
The applicant has received conditional use permit and design review approval for a second-story
office addition to an existing medical office building. A building permit was issued for the
addition/remodel (BLD-2007-0382) and the site is currently being improved. The applicant
applied for this CUP on 3/25/08 to allow for an on-site temporary office trailer to be used by Dr.
Reichler for his patients, and the applicant fully intends on removing the trailer once he is
permitted to occupy the building.
IV.SEPA THRESHOLD DETERMINATION:
The application for a Conditional Use Permit does not require SEPA review. The Applicant and
the City have complied with the requirements of ECDC 20.15.A.
V.PUBLIC HEARING NOTICE:
A ÐNotice of ApplicationÑ and a ÐNotice of HearingÑ were published in the Herald Newspaper,
posted at the subject site, as well as the Public Safety Complex, Community Development
Department, and the Library. All notices were also mailed to residents and owners within 300
feet of the site. The City has complied with the noticing provisions of ECDC 20.91 (Public
Hearings and Notice, see Exhibit 6).
VI.TECHNICAL COMMITTEE:
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This application was reviewed and evaluated by the CityÓs Fire Department, Engineering
Division, Building Division, Parks and Recreation Department, and the Public Works Department
(Exhibit 7).
The Building Division has indicated that a building permit is not required for the temporary
trailer; however, a building permit is required for the required accessible ramp.
The Fire Department has indicated that a fire extinguisher is required in the trailer, size
2A10:B:C.
VII.NATURAL ENVIRONMENT:
:
1.Topography
The site is terraced and slopes down from the west to the east. The trailer is
situated on the eastern portion of the property.
2.Soils:
According to the Soil Survey of Snohomish County Area, Washington, this
“Alderwood Urban Land Complex, 2-8% slopes”
neighborhood consists of (Map Unit
Symbol 5).
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3.Critical Areas
A Critical Areas Checklist was submitted under file number CRA-1993-0293
and it was determined that there are no critical areas on or adjacent to the property, therefore,
a ÐwaiverÑ from special study requirements was issued.
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4.Wildlife
None noted during site visits.
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5.Vegetation
The site contains existing perimeter landscaping, including shrubs and trees. No
new landscaping is proposed with the temporary office trailer use.
VIII.NEIGHBORHOOD CHARACTERISTICS:
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This site is located on the northeast corner of the intersection of 76 Avenue West and 219
Street SW. It is a neighborhood of both offices and medical offices with some multi-family
residential buildings in the vicinity. This neighborhood was annexed into the City on May 12,
1959.
IX.COMPREHENSIVE PLAN:
“Mixed Use Commercial,”
The Comprehensive Plan designation for this site is and it is located
“Medical/Highway 99 Activity Center.”
in the The site is zoned Multiple Residential (RM-2.4),
however in the past, conditional use permits have been obtained for the existing medical/office
use. The City of Edmonds Comprehensive Plan offers goals for commercial development and for
the specific activity center:
“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 designated 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 policy:” (page 55)
B.1“A sufficient number of sites suited for a variety of commercial uses should be identified
and reserved for these purposes. The great majority of such sites should be selected from
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parcels of land already identified in the comprehensive plan for commercial use and/or zoned
for such use.” (page 55)
“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;” (page 43)
A.5 “Support a mix of uses without encroaching into single family neighborhoods…” (page
44)
There is no proposed change to the access of the site. The trailer will be located out of sight from
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76 Avenue West (because it is behind the building) and mostly out of sight from 219 Street SW
(because it is tucked into the lower terrace of the site).
X.PUBLIC CONCERNS:
To date, no public comment letters have been received.
XI.APPLICABLE CODES:
1.
ECDC 16.30 (RM – Multiple Residential)
A.
Development standards in the RM-2.4 zone are conformed through the building permit
process and are as follows, pursuant to ECDC 16.30.030:
MinimumMinimumMinimum
Minimum Lot Area Per MaximumMaximum
Zone Street Side Rear
Dwelling Unit HeightCoverage
Setback Setback Setback
RM-2.4 2,400 15Ó 10Ó 15Ó 25 45%
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B.
This site is no longer a Ðcorner lotÑ after the street vacation of 219 Street SW, so
standard setbacks apply (File #ST-2004-130, Ordinance #3565). The trailer is parked in
the eastern portion of the site in the existing parking lot, well over 10Ó from the south
property line and well over 15Ó from the east property line. It appears that the trailer is
parked so that it meets the required setbacks.
C.
The single-story trailer will remain under the 25Ó height limit.
D.
The maximum lot coverage for this site is approximately 6,724 square feet (45% of the
given lot area). The existing building covers approximately 4,918 square feet, and the
temporary trailer covers approximately 840 square feet of the site. It appears that the
project remains well under the maximum lot coverage permitted at 5,758 or 39 %.
2.
ECDC 17.70.010 (Other Temporary Buildings)
A.
ECDC 17.70.010 allows ÐotherÑ temporary buildings, as follows:
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ECDC 17.70.010 Other temporary buildings.
Except as provided below in ECDC 17.70.030, a conditional use permit shall be required
to construct a temporary building in any zone. The permit shall be valid for a period of
one year; provided however, that said permit may be extended by the community services
director for a single one-year extension upon submittal of a written application prior to
the expiration of the original permit. All the requirements of the zoning district shall be
met. Said application for a conditional use permit or an appeal of the staff decision
granting or denying the extension of such a permit shall be reviewed by the hearing
examiner in accordance with the requirements for any other conditional use permit under
ECDC 20.100.010, with the decision being appealable to the city council under the
procedures applicable to any other conditional use permit. \[Ord. 2833 § 1, 1991; Ord.
2541, 1985\].
B.
This project is considered a temporary building and is subject to the requirements in
ECDC 17.70.010.
3.
ECDC 17.50 (Off Street Parking Regulations)
A.
ECDC 17.50.020.B.4 requires Medical, dental, and veterinarian offices, banks and clinics
to provide one space per 300 square feet of gross building square footage. There is
approximately 4,918 square feet of medical office space (first floor of the building),
resulting in 24.59 parking spaces required for this use.
B.
ECDC 17.50.020.B.5 requires Businesses and professional offices with on-site customer
service to provide one space per 400 square feet of gross building square footage. There
is approximately 4,399 square feet of professional office space (new second floor of the
building), resulting in 10.99 parking spaces required for this use.
C.
There are 43 off-street parking spaces at this site, and 36 are required.
D.
The trailer will be removed once the building is ready for occupancy, so there should be
no parking issues or conflicts.
4.
ECDC 20.05 (Conditional Use Permits)
A.
ECDC 20.05.010 contains the review and approval criteria for Conditional Use Permits.
“No Conditional Use Permit may be
According to the aforementioned code section,
approved unless all of the findings in this section can be made.”
The findings are as
follows:
1.That the proposed use is consistent with the Comprehensive Plan.
2.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.
3.That the use, as approved or conditionally approved, will not be significantly
detrimental to the public health, safety and welfare, and to nearby private property
or improvements unless the use is a public necessity.
4.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
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may also determine whether the conditional use permit may or may not be used by a
subsequent user of the same property.
B.
The Comprehensive Plan designates this area as ÐMixed Use CommercialÑ and it is also
“Medical/Highway 99 Activity Center.”
located within the See section IX of this report
for a discussion on the Comprehensive Plan.
C.
The Edmonds Community Development Code allows for temporary buildings, but only if
a Conditional Use Permit is first approved.
D.
The Applicant has submitted a Criteria Statement (Exhibit 5) and has indicated that this is
only a temporary use, which will be removed after occupancy of the building is obtained.
No request for transferability has been made.
E.
The applicant has stated that he would be providing psychiatric services to approximately
5-6 patients per day within the trailer, at approximate 1-hour visits each.
F.
Staff agrees that the trailer blends in quite well with the construction site Î it looks like a
construction trailer.
XII.CONCLUSIONS:
1.Comprehensive Plan:
The proposal appears to be consistent with the Comprehensive Plan
(see section IX of this report).
2.Zoning Ordinance:
The proposal appears to be consistent with the zoning ordinance (see
section XI of this report).
3.Not Detrimental:
The immediate proposal does not appear to be detrimental as conditioned Î
that the trailer will need to be removed prior to occupancy of the main building, so as not to
have any conflicts with parking and use. If submitted and approved by the City, staff feels
that parking concerns could be mitigated.
Further conditions to ensure the proposal is not detrimental have been noted by City staff as
follows: the Building Official noted that a building permit is required for the required
accessible ramp and the Fire Department has indicated that a fire extinguisher is required in
the trailer, size 2A10:B:C. Also, the trailer will be removed once the applicant receives
occupancy in the main building.
4.Transferability:
Staff recommends that the proposed use not be transferable. Once the
building is complete, there is no reason to have a temporary office trailer onsite.
5.
The Conditional Use Permit to allow the proposed improvements should be approved,
because it is consistent with the decisional criteria for a Conditional Use Permit:
XIII.RECOMMENDATIONS:
APPROVAL
Based on the analysis and attachments to this report, staff recommends of the
Conditional Use Permit with the following conditions:
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1.
The applicant must remove the trailer prior to obtaining occupancy of the building (that is
currently under construction).
2.
The applicant must obtain a building permit for the required accessible ramp.
3.
The applicant must keep a fire extinguisher, size 2A10:B:C, inside the trailer.
4.
The Conditional Use Permit shall not be transferable.
5.
This application is subject to the 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.
6.
The applicant must act on the approved Conditional Use Permit within one year from the date
of approval or the Conditional Use Permit shall expire and become null and void, unless the
applicant files an application for an extension of time before the expiration and the city
approves the application. Only one one-year extension is possible.
XIV.PARTIES OF RECORD:
Robert J. Reichler, MD Planning Division
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Avenue West
21827 76Building Division
Edmonds WA 98026 Fire Department
XV.EXHIBITS:
1.
Staff Report
2.
Zoning & Vicinity Map
3.
Aerial Map
4.
Land Use Application
5.
Criteria Statement.
6.
Public Notices and Affidavits
7.
Technical Committee Routing Forms
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