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ZoningCompliance_21400-72ndAveW.pdf August 24, 2006 Planning and Zoning Resource Corporation Attn: Alicia Taylor th 100 NE 5 Avenue Oklahoma City, OK 73104 nd RE: Aldercrest Rehab at 21400 72 Avenue West – Edmonds, WA. Dear Ms. Taylor: This Zoning Confirmation Letter is in response to your inquiry for the above-mentioned property. I hope you find this information helpful. Zoning: The current zoning designation is “Multiple Residential” (RM-1.5). I have attached Edmonds Community Development Code (ECDC) chapter 16.30 for your convenience, which outlines the permitted uses for this zone. Note that exterior changes to properties in multi-family and commercially zoned properties require some form of design review approval. Parking: ECDC 17.50 outlines the parking requirements, which are dependant on the use of the site (please review attached). Setbacks: ECDC 16.30.030.A lists setbacks for the RM-1.5 zone. For this site, the following setbacks apply. The minimum street setback (east) is 15 feet, the minimum side setback (north and south) is 10 feet, and the minimum rear setback (west) is 15 feet. Height: ECDC 16.30.030.A states that the maximum height in the RM-1.5 zone is 25 feet. It also states that “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 twelve inches or greater.” Note that height is measured from average original grade. Density: ECDC 16.30.030.A lists the density for properties in the RM-1.5 zone. The minimum lot area per dwelling unit is 1,500 square feet. The Snohomish County Assessor’s records indicate that the parcel is 2.6 acres, which converts to approximately 113,256 square feet. 113,256 1,500 = 75.504, or 75 dwelling units. This is based on the assumption that the lot area is 113,256 square feet, which is an approximation. Certificate of Occupancy: Please review the attached Certificate of Occupancies and contact a Permit Coordinator in the Building Division at 425.771.0220 if you have any questions. Violations: I have checked with the Code Enforcement Officer and to the best of my knowledge, there are no any unresolved building/zoning violations and/or complaints. Conditional Use Permits: A search of the permit database (PermitTrax) was conducted and it was found that there is an approved Conditional Use Permit for this site in our system. File number PLN-1994-00141 is a Conditional Use Permit file that is in archives (the description states that the permit was for: “temporary office space”) – please let me know if you would like me to request this file from archives. Other Information: 1.Critical Areas – Note that a Critical Areas Checklist is on file (#CRA-1994-0163) and that it was determined to be a “waiver” (no critical areas studies would be required by the planning division with a building permit application). 2. Annexation – Note that this site was annexed into the City of Edmonds on 05/12/1959. 3.Lot Coverage – Note that the maximum lot coverage for properties in the RM-1.5 zone is 45% (this means that a site cannot be covered more than 45% by a building). The existing lot coverage is unknown. 4.Planned Unit Development (PUD) – This site is not a PUD, as there is not a PUD process in the Edmonds Community Development Code. 5.Use – The current use of the site as a retirement home is a permitted use within this zoning district pursuant to ECDC 16.30.010.A.3. Please review attached code section for more details on the permitted uses for properties in the RM-1.5 zone. 6.Variances – A search of the permit database (PermitTrax) was conducted and it was found that there are no variance applications for this site in our system. If you have any questions, please don’t hesitate to contact me at 425.771.0220 extension 1778 or via email at coccia@ci.edmonds.wa.us. Sincerely, Gina Coccia, Planner Development Services Department CE ITY OF DMONDS Attachments: 1.ECDC 16.30 – Multiple Residential. 2.ECDC 17.50 – Off Street Parking Requirements. 3.ECDC 20.25 – Housing for the Low Income Elderly. 4.Edmonds Zoning Map (clipped to site). 5.Snohomish County Assessor’s Map (clipped to site). 6.Certificates of Occupancy. ECDC Chapter 16.30 RM – MULTIPLE RESIDENTIAL Sections: 16.30.000 Purposes. 16.30.010 Uses. 16.30.020 Subdistricts. 16.30.030 Site development standards. 16.30.040 Site development exceptions. 16.30.000 Purposes. The RM zone has the following specific purposes in addition to the general purposes for residential zones of ECDC16.00.010 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. 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 17.100.050(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 20.20 ECDC; 3. The keeping of one domestic animal; 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 21.15.075. C. Primary Uses Requiring a Conditional Use Permit. 1. Offices, other than local public facilities; 2. Local public facilities not planned, designated, or sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 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; Attachment 1 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. \[Ord. 3453 § 2, 2003; Ord. 3353 § 2, 2001; Ord. 3184 § 2, 1998; Ord. 3090 §§ 4, 5, 1996; Ord. 2820 §§ 1, 2, 1991; Ord. 2818 § 1, 1991; Ord. 2673 § 2, 1988; Ord. 2458 § 2, 1984; Ord. 2283 §§ 2, 3, 1982\]. 16.30.020 Subdistricts. There are established three 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-2.4, and RM-3 zones. 16.30.030 Site development standards. A. Table. 3 Minimum Lot Minimum Minimum MinimumMinimumMaximum SubMaximumParking Area Per StreetSideRear Coverage 41,5 DistrictDwelling UnitHeight(Spaces Setback SetbackSetback(%) (Sq. Ft.) Per Unit) RM-1.51,50015' 10' 15' 25' 45%2 RM-2.42,40015' 10' 15' 25' 45%2 22 RM-33,00015'15'15' 25' 45%2 1 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 if 15 feet. B. Signs and Design Review. See Chapters 20.10 and 20.60 ECDC for regulations. C. Location of Parking. No parking spaces may be located within the street setback. \[Ord. 2559, 1986; Ord. 2424, 1984\]. 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. Setback Adjustments. Chapter 20.50 ECDC contains a procedure for adjusting setback distances and locations in special situations. C. Satellite Television Antenna. Satellite television antennas shall be regulated as set forth in ECDC 16.20.050 and reviewed by the architectural design board. D. Setback Encroachments. Eaves and chimneys may project into a required setback not more than 30 inches. 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. E. Corner Lots. Corner lots shall have no rear setback; all setbacks other than street setbacks shall be side setbacks. \[Ord. 2559, 1986; Ord. 2526 § 4, 1985\]. Attachment 1 ECDC Chapter 17.50 OFF-STREET PARKING REGULATIONS Sections: 17.50.000 Purposes. 17.50.010 Off-street parking required. 17.50.020 Parking space requirements. 17.50.030 Calculations. 17.50.040 Location. 17.50.050 Standards. 17.50.060 Joint use. 17.50.070 Downtown business area parking requirements. 17.50.075 Parking requirements for sexually oriented businesses. 17.50.090 Temporary parking lots. 17.50.100 Commercial vehicle regulations. 17.50.000 Purposes. The purposes of this chapter are: A. To reduce street congestion and avoid crowding of on-street parking space; B. To require adequate landscaping of off-street parking areas; C. To protect adjacent property from the impact of a use with inadequate off-street parking. \[Ord. 3496 § 2, 2004\]. 17.50.010 Off-street parking required. A. New Uses or Structures Not Including the Downtown Business Area. 1. Off-street parking facilities which comply with this chapter shall be provided before any new use is begun, or any new structure is approved for occupancy. A detailed plan and provisions specifically setting forth the method and location by which the off-street parking required for the proposed use will be met, whether by construction, a joint use agreement, or any other method provided by this code, shall be filed and approved in conformance with the applicable provisions of this code before any building permit is issued. 2. If any change of use occurs, or any addition is built, additional parking spaces to meet the requirements of this chapter shall be provided. 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. C. The Downtown Business Area. 1. All new buildings or additions in the downtown business area shall provide parking at a flat rate of one parking stall for every 500 sq. ft. of gross floor area of building. If it is a mixed use building, the portions of the building used exclusively for residential uses shall only be required to provide parking at one stall per dwelling unit. For purposes of this chapter, “residential uses” shall refer to lobbies, stairwells, elevators, storage areas and other similar features. 2. All existing and new uses in existing buildings are considered to comply with the parking requirements set forth in this chapter of the code. \[Ord. 3496 § 2, 2004\]. 17.50.020 Parking space requirements. \[Refer to ECDC 17.50.010(C) and 17.50.070 for standards relating to the downtown business area.\] A. Residential. 1. Single-family and multifamily. a. Single-family dwellings: two spaces per dwelling unit, except: b. Multiple residential according to the following table: Attachment 2 Type of multiple dwelling unit Required parking spaces per dwelling unit Studio1.2 1 bedroom 1.5 2 bedrooms 1.8 3 or more bedrooms 2.0 2. Boarding house: one space per bed. 3. Rest home, nursing home, convalescent home, residential social welfare facilities: one space per three beds. 4. Single-family dwellings with accessory dwelling unit: three spaces total. B. Business. 1. Retail stores, including art galleries, convenience stores, department stores, discount stores, drug stores, grocery stores, supermarkets: one space per 300 square feet; 2. Furniture, appliances, and hardware stores: one space per 600 square feet; 3. Services uses, including barber shops, beauty shops, dry cleaners, laundries, repair shops: one space per 600 square feet; 4. Medical, dental and veterinarian offices, banks and clinics: one space per 200 square feet; 5. Business and professional offices with on-site customer service: one space per 400 square feet; 6. Offices not providing on-site customer service: one space per 800 square feet; 7. Bowling alley: four spaces per bowling lane; 8. Commercial recreation: one space per 500 square feet, or one space for each customer allowed by the maximum permitted occupant load; 9. Car repair, commercial garage: one space per 200 square feet; 10. Drive-in restaurants, automobile service station, car dealer, used car lot: one space per 500 square feet of lot area; 11. Restaurant, tavern, cocktail lounge: if less than 4,000 square feet floor area, one per 200 square feet gross floor area; if over 4,000 square feet floor area, 20 plus one per 100 square feet gross floor area in excess of 4,000 square feet; 12. Plant nurseries (outdoor retail area): one space per five square feet of outdoor retail area; 13. Motels and hotels: one space per room or unit; 14. Retail warehouse, building materials yard: one space per 1,000 square feet of lot area or one per three employees; 15. Manufacturing, laboratories, printing, research, automobile wrecking yards, kennels: one space per two employees on largest shift; 16. Mortuary: one space per four fixed seats or per 400 square feet of assembly area, whichever is greater; 17. Marina: to be determined by the hearing examiner, using information provided by the applicant, and the following criteria: a. The type of storage facility (moorage, dry storage, trailer parking) and intended use (sailboats, fishing boats, leisure boats), b. The need to accommodate overflow peak parking demand from other uses accessory to the marina, c. The availability and use of public transit; 18. Storage warehouse: one space per employee; 19. Wholesale warehouse: one space per employee; 20. Adult retail store: one space per 300 square feet; 21. Sexually oriented business (except adult retail store): one space for each customer allowed by the maximum permitted occupant load. C. Community Facilities. 1. Outdoor places of public assembly, including stadiums and arenas: one space per eight fixed seats, or per 100 square feet of assembly area, whichever is greater; 2. Theaters: one space per five seats; 3. Indoor places of public assembly, including churches, auditoriums: one space per four seats or one space per 40 square feet of assembly area, whichever is greater; 4. Elementary schools, junior high schools, boarding schools (elementary through senior high), residential colleges and universities: six spaces per classroom, or one space per daytime employee, whichever is greater; 5. Nonresidential colleges and universities: one space per daytime employee; 6. High schools (senior): one space per daytime employee; 7. Museums, libraries, art galleries: one space per 250 square feet; 8. Day-care centers and preschools: one space per 300 square feet, or one per employee, plus one per five students, whichever is larger; 9. Hospitals: three spaces per bed; 10. Maintenance yard (public or public utility): one space per two employees. \[Ord. 3496 § 2, 2004\]. Attachment 2 17.50.030 Calculations. A. Square Feet. Unless otherwise specified, square feet refers to the gross building square footage, including outdoor areas used for the same use (such as an outdoor eating area for a restaurant). B. Combination of Uses. Combination of uses shall meet the requirement based on the sum of all the uses reduced by any applicable joint use provisions (see ECDC 17.50.060). Examples of such combined uses are: a furniture store with a retail display area and attached storage warehouse, a storage warehouse with attached office, a church with a parochial school, mixed use building with commercial and residential uses and so forth. C. Different Uses on Same Site. The requirement for different uses on the same site shall be the sum of all requirements for the individual uses, reduced by any applicable joint use provisions. D. Uses Not Specified. Any use not listed above shall meet the requirements of the most similar listed use as determined by the community development director. E. Fractions. When the requirements of this chapter result in a fractional number of parking spaces, one space shall be provided for a fraction of one-half or more, and no space shall be required for a fraction of less than one-half. \[Ord. 3496 § 2, 2004\]. 17.50.040 Location. A. Permitted Uses in Residential Zones. Off-street parking shall be located on the same lot and within 100 feet walking distance of the use for which it is required. B. All Other Uses. Off-street parking shall be located within 300 feet walking distance of the use for which it is required, except that the only requirement of the location of off-street parking required for a use in the downtown business area shall be that such parking be located within the downtown business area that is zoned for community business (BC). If the off-street parking is not on the same lot as the use for which it is required, the owner or lessor shall provide to the city for recording with the county auditor an agreement specifying: 1. The location, by legal description or survey, of the off-street parking and the use for which it is required; 2. A restriction on the property designated for off-street parking that it may not be used for any other purpose unless the parking is no longer required for the use specified in subsection (B)(1) of this section. \[Ord. 3496 § 2, 2004\]. 17.50.050 Standards. See Chapter 18.95 ECDC for size, construction and maintenance of off-street parking. \[Ord. 3496 § 2, 2004\]. 17.50.060 Joint use. See Chapter 20.30 ECDC for joint use of off-street parking facilities. \[Ord. 3496 § 2, 2004\]. 17.50.070 Downtown business area parking requirements. A. See ECDC 17.50.010(C) for the parking requirements in the downtown business area. B. Downtown Business Area Defined. The downtown business area consists of all land zoned BC or CW and located in the area east of Puget Sound, south of Edmonds Street, west of Seventh Avenue, and north of Pine Street. For the purposes of Chapter 17.50 ECDC only, the downtown business area shall include all commercially zoned properties within the specified boundaries. C. Exceptions to the required parking standards in the downtown area. When requested by the developer the staff, using information provided by the applicant, may decrease the required parking for a building listed on the Edmonds Register of Historic Places in order to retain historic elements of the building during its expansion, remodeling or restoration. Any building construction or remodeling activities serving as the justification for the parking exception 20.45 ECDC. shall be consistent with the criteria and procedures governing historic buildings contained in Chapter The decision on the parking exception shall be processed as a Staff decision – Notice required, as provided for in ECDC20.95.050. \[Ord. 3496 § 2, 2004\]. 17.50.075 Parking requirements for sexually oriented businesses. A. All off-street parking areas shall be clearly visible from the street. B. Off-street parking facilities shall be illuminated by overhead lighting at a minimum average of 20 footcandles. Lighting shall be directed downward and away from external property lines. \[Ord. 3496 § 2, 2004\]. 17.50.090 Temporary parking lots. A. Conditional Use. A conditional use permit shall be required in order to construct or maintain a temporary parking lot in any B (business) or C (commercial) zone. The initial permit shall be valid for a term of one year; provided, however, that extensions may be approved under the following conditions: 1. The applicant may apply to the community services director to have said permit extended for a period of one year upon the filing of a written application stating the reasons for said requests prior to the expiration of the original permit. Attachment 2 2. The applicant may, in addition, apply for an additional two-year extension through the vehicle of a conditional use permit for a temporary parking lot. In addition to satisfying the criteria of ECDC 20.05.010, the applicant shall be required to demonstrate that a public benefit will result from the issuance of the two-year extension. In no event shall a temporary parking lot be permitted to continue beyond four years from the date the initial conditional use permit is granted. 3. Applications for a conditional use permit, or an appeal of a staff decision approving or denying a one-year extension thereof shall be reviewed by the hearing examiner under the same terms and conditions as any conditional use permit utilizing the criteria contained in Chapter 20.05 ECDC and under the procedural requirements contained in Chapter 20.100 ECDC. An application for a two-year extension shall be processed in the same manner as an initial application for a conditional use permit for a temporary parking lot and new or changed conditions may be imposed in the course of that process. A final decision on the granting of any permit or extension shall be appealable under the process as contained in ECDC 20.100.010 with final recourse to the city council. B. Improvements. The hearing examiner shall require the applicant to meet the public improvement and dedication requirements for permanent use of the director of community services. The applicant shall also be required to provide a durable, well-drained, dust-free and hard surface for the parking lot. C. Review by the Architectural Design Board. If the conditional use permit is approved, the applicant shall then submit the proposal for review to the architectural design board, and shall comply with any requirements of the board as to signage, lighting, screening and landscaping. Nothing herein shall be interpreted to prohibit an applicant from filing a simultaneous request for review of his conditional use permit application by the hearing examiner and/or review of said lot by the architectural design board. \[Ord. 3496 § 2, 2004\]. 17.50.100 Commercial vehicle regulations. A. No person shall park or store more than one commercial vehicle or any commercial vehicle over 10,000 pounds licensed gross vehicle weight per dwelling unit on any lot in any R zoned district unless he/she has first obtained a conditional use permit. For the purposes of this section, “commercial vehicle” means any motor vehicle, the principal use of which is the transportation of commodities, merchandise, produce, freight, vehicles, animals, passengers for hire, or which is used primarily in construction or farming, including but not limited to bulldozers, backhoes, tractors and cranes. B. The provisions of this section shall not apply to commercial vehicles which are being loaded or unloaded. \[Ord. 3496 § 2, 2004\]. Attachment 2 Chapter 20.25 HOUSING FOR THE LOW INCOME ELDERLY Sections: 20.25.000 Purpose. 20.25.010 Changes to site development standards. 20.25.020 Eligible projects. 20.25.030 Application. 20.25.040 Location criteria. 20.25.050 Enforcement. 20.25.000 Purpose. This chapter is intended to allow reasonable changes in RM zone site development standards for housing projects for the low income elderly, because, among other reasons, these projects usually have fewer persons per unit than a normal multiple residential project. \[Ord. 2818 § 2, 1991\]. 20.25.010 Changes to site development standards. The hearing examiner may approve the following changes to the normal site development standards of the district in which the housing project for the low income elderly is to be located: A. A decrease of as much as one-half of the minimum required site area per unit. B. A decrease of the minimum number of parking spaces per unit, but in no event less than one space per unit. \[Ord. 2818 § 2, 1991\]. 20.25.020 Eligible projects. To be eligible to use this section, a project shall be rented exclusively to low income elderly persons as defined by the Housing and Urban Development or persons receiving Social Security disability benefits, or be financed under the Insured Mortgage Program of HUD for housing projects for the low income elderly, or similar government programs. \[Ord. 2818 § 2, 1991\]. 20.25.030 Application. The applicant shall apply for a conditional use permit in order to use the provisions of this section. The applicant shall submit a full description of the proposal with the application, including a statement of how the project qualifies under ECDC 20.25.020. The applicant shall also show on the site plan a reservation of sufficient space to provide the normally required number of parking spaces if the project should ever be converted to a normal multiple residential project. \[Ord. 2818 § 2, 1991\]. 20.25.040 Location criteria. The hearing examiner shall, prior to approving a permit under this section, find that the project is located in an area which has the following characteristics: A. Walking Distance. Is within convenient walking distance of public transportation, food and drug stores, and other neighborhood commercial services used by the low income elderly; B. Safety. Has streets and sidewalks which are safe and otherwise suitable for elderly pedestrians; C. Community Facilities. Has nearby parks, libraries and other cultural and recreational facilities. 20.25.050 Enforcement. Before the issuance of a building permit for a project approved under this section, the owner as a grantor shall execute a covenant to run with the land to the city of Edmonds as grantee. The city shall record the covenant with the county auditor at the owner’s expense. The covenant shall state file number and date of approval of the use permit, identify the density and parking changes that the city has approved, and state that the right to maintain the approved changes is dependent on the continued status of the project as an eligible project under this section. The covenant shall further state that the project must comply with the normal zoning and parking requirements if it ceases to be eligible under this section, and that the city may enforce the covenant through any appropriate legal means, including but not limited to specific enforcement. Attachment 3 Zoning Map: Site is zoned RM 1.5 (Multiple Residential) Attachment 4 Snohomish County Assessor’s Map for #00580700002301 Attachment 5