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STF-2011-0003 zoning compliance letter final Avalon Inn.pdf,F EI)A- "d CITY OF EDMODS 106 12151h Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.ci.edmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION f -tic. 1890 May 31, 2011 H. Ray Liaw Attorney Gordon Derr LLP 2025 First Avenue, Suite 500 Seattle, WA 98121 Don McAbery, Trustee Edmonds Woodway, LLC 590 Putter Court Incline Village, NY 89451 Mike McKinstry Yates Wood & MacDonald, Inc. 425 Pontius Avenue N, Suite 203 Seattle, WA 98109 File STF-2011-0003: Request for Zoning Compliance at 22816 Edmonds Way Thank you for submitting a request for zoning confirmation for use of the former Avalon Inn at 22816 Edmonds Way as a possible retirement home. This letter (a Type I decision) is in response to the four questions submitted regarding the above mentioned property. 1. Can Avalon Inn resume use as a "retirement home" under the EMC without the requirement of any building or site modification? With respect to site modification, it is understood that the site was developed with a retirement home in Snohomish County in 1986 which was subsequently annexed by the City of Edmonds on December 15, 1997. Up until approximately one year ago, the site was used as a retirement home but that use, and all other uses at the site, ceased at that time. The subject site is zoned Multifamily Residential, RM -1.5. According to ECDC 16.30.010.A.3, 'retirement home' is a permitted primary use in the RM -1.5 zone. According to ECDC 16.30.010.B.4.a, 'private parking' is also a permitted secondary use in the RM -1.5 zone. Since the uses are allowed by -right and not nonconforming, they may be re-established and do not fall under the nonconforming use requirements of ECDC 17.40.010. Regarding number of required off-street parking spaces, the off-street parking requirements in ECDC 17.50.010.8 are applicable: Development Services Department — Planning Division 1 1215th Avenue North, Edmonds WA 98020 1425,771.0220 All code citations can be found on the City of Edmonds website: www.ci.edmonds.wa.us. B. Existing Uses or Structures Not Including the Downtown Business Area. 1. Existing uses or structures shall not be required to comply with the requirements of this chapter except under subsection (B)(2) or (B)(3) of this section, if they have off- street parking which complied with applicable regulations at the time the use began or the structure was occupied. Thus, assuming that the number of parking stalls presently at the site were those originally permitted by the County when the building was constructed in 1986, those stalls may continue and no additional stalls are required. That said, in 2004 a building violation was noted, illegal construction removed, and the building restored back to 36 units (BLD -2004-0788). At that time, a total of 36 parking stalls were approved as shown on the enclosed site plan. While the cover letter indicated that 35 parking stalls are located on the site, 36 spaces are required to be located on the site if the 'retirement home' use is to be re-established at the site. Any change to the number of residential units would trigger re-evaluation of the parking requirements. It is not known if other site development standards currently meet code requirements or not. With respect to building modification, a compliance inspection would be required prior to occupancy which would include testing the sprinklers, the fire alarm system, and the like. Only after inspection would it be known if any building repairs or updates are needed. 2. What uses are included in the definition of "retirement home" under the EMC, and how are these uses distinguished from the City's interpretation of "convalescent homes, rest homes, sanitariums"? Please provide specific examples of both uses. According to ECDC 21.85.050, a "retirement home means a place of residence for several families or individuals in apartment -like quarters, which may feature services such as limited nursing facilities, minimum maintenance living accommodations, and recreation programs and facilities." The term "congregate care facility" was given the same definition as "retirement home" in 1991. The code does not contain definitions for the other specific terms mentioned. Webster's Dictionary provides the following definitions: Convalescent home — an institution for the care of convalescing patients Rest home — an establishment that provides housing and general care for the aged or the convalescent Sanitariums (sanatorium) — an establishment that provides therapy combined with a regimen (as of diet or exercise) for treatment or rehabilitation; an institution for rest and recuperation (as of convalescents) Because this is a request for zoning compliance and not a request for code interpretation, no interpretation of "convalescent homes, rest homes, sanitariums" is provided. Generally speaking, however, the 'retirement home' use has differed from the 'convalescent homes, rest homes, sanitariums' use in that the latter indicates a higher degree of patient care and services required. Residents in a 'retirement home', on the other hand, would largely be able to care for themselves and come and go as they chose. Given the greater need for services and more intense patient care, the 'convalescent homes, rest homes, sanitariums' are treated similar to a hospital use and thus require a conditional use permit according to ECDC 16.30.010.0 3. Based on Avalon Inn's current parking lot, which includes 35 off-street parking stalls, can Avalon Inn resume use as a "retirement home" without installing additional parking stalls? Development Services Department — Planning Division 1 1215th Avenue North, Edmonds WA 98020 1425.771.0220 All code citations can be found on the City of Edmonds website: www.ci.edmonds.wa.us. No, the site plan for BLD -2004-0788 was approved in 2004 showing 36 parking spaces. The 'retirement home' use may only be re-established with the 36 parking stalls as approved in 2004, not the 35 stalls referenced in the cover letter. 4. Can Avalon Inn be used as a "group home for the disabled" or "state -licensed group home for foster care of minors" under the EMC without requiring any building, site, or parking lot modifications? Similar building and life safety inspections would apply as in #1. Also as in #1, it is unknown about the need for other site modifications. With respect to parking and a change of use at the site, however, the off-street parking requirements in ECDC 17.50.010.13 are applicable: B. Existing Uses or Structures Not Including the Downtown Business Area. 1. Existing uses or structures shall not be required to comply with the requirements of this chapter except under subsection (B)(2) or (B)(3) of this section, if they have off- street parking which complied with applicable regulations at the time the use began or the structure was occupied. 2. If a change of use takes place, or an addition is built, which increases the number of off-street parking spaces normally required by this chapter by more than 10 percent but less than 100 percent, the number of additional off-street parking spaces required by this chapter for the new use or addition shall be required to be provided in addition to the number of spaces previously existing. In no case shall the total requirement exceed that required by this chapter. 3. If a change of use takes place, or an addition is built, which increases the number of off-street parking spaces normally required by this chapter by 100 percent or more, the full number of spaces required by this chapter for the new use or the entire altered building shall be provided. Since the use of the residential structure would be changing from one primary permitted use to another — a 'retirement home' to a 'group home' or 'foster home' per ECDC 16.30.010.A.4, ECDC 17.50.010.8.2 or 13.3 apply. Historically, the City has applied the parking requirements of ECDC 17.50.020.A.3 ( one space per three beds) to these types of residential social welfare facilities. If you have any questions, please contact me at (425) 771-0220 or via email at clugston@ci.edmonds.wa.us. Sincerely, Mike Clugston, AICP Associate Planner Attachments: Applicant's cover letter dated April 25, 2011 2004 approved site plan for BLD -2004-0788 Development Services Department— Planning Division 1 1215`h Avenue North, Edmonds WA 98020 1 425.771.0220 All code citations can be found on the City of Edmonds website: www.ci.edmonds.wo.us.