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2023-08-24 Hearing Examiner PacketOp E D o Agenda - Edmonds Hearing Examiner s71. ,HvREGULAR MEETING BRACKETT ROOM 121 5TH AVE N, CITY HALL - 3RD FLOOR, EDMONDS, WA 98020 AUGUST 24, 2023, 3:00 PM MEETING INFORMATION This meeting is Hybrid per ECDC ECDC 10.35.010(F) and is located at the Edmonds City Hall 121 5th Ave N, 3rd Floor Brackett Room Zoom Link Meeting Info: https://edmondswa- gov.zoom.us/j/82688031743?pwd=U EROWk5hd U5DN 1dRK1V3 MkR2WTRSdzO9 Passcode: 308007 Or join by phone: 253 215 8782 1. CALL TO ORDER 2. APPROVED MINUTES 3. PUBLIC PORTION A. HEARING MATERIALS 1. PLN2023-0038 and PLN2023-0050 - Daycare Use in RM zone at 21010 76h Ave W B. PUBLIC COMMENT 4. ADJOURNMENT Edmonds Hearing Examiner Agenda August 24, 2023 Page 1 Hearing Examiner Agenda Item Meeting Date: 08/24/2023 PLN2023-0038 and PLN2023-0050 - Daycare Use in RM zone at 21010 76h Ave W Staff Lead: Rose Haas Department: Planning Division Prepared By: Rose Haas Background/History Carole Harper on behalf of NOVA Family Resource and Childcare Center has requested a conditional use permit (CUP) to allow for a daycare center and associated services in a portion of the existing 2-story building located at 21010 76th Ave W. The site is a 'split -zone' located within the Multifamily Residential (RM 2.4) zone and the Neighborhood Business (BN) zone. While the BN zone allows for daycare centers as a primary permitted use under newly adopted Ordinance 4307, the RM zone allows for daycare centers as a primary use requiring a CUP pursuant to Edmonds Community Development Code (ECDC) 16.030.0100(C)(3). CUPS are Type III-B decisions under ECDC 20.01.003. NOVA has also applied for a joint -use parking agreement (PLN2023-0050) with Prestige Care Skilled Nursing Facility located north of the proposed land use at 21008 761h Ave W. The joint use parking agreement is a Type II -A permit (Administrative Variance) that is being processed alongside PLN2023- 0038 at the request of the applicant per the Optional Consolidated Permit Process (ECDC 20.01.002). The subject application is for land use permits PLN2023-0038 and PLN2023-0050 only and does not include review of any applicable building permit applications (BLD2023-0750). Staff Recommendation Staff finds the proposal is consistent with the CUP criteria for approval listed in ECDC 20.05.010, the joint use parking criteria in ECDC 20.30.030, the Comprehensive Plan, and the Zoning Ordinance. Staff recommends that the Hearing Examiner APPROVE the requested conditional use permit (File No. PLN2023-0038) and associated joint use parking agreement (PLN2023-0050) with the conditions included in the attached staff report. Narrative The staff report and Attachments 1-14 provide an analysis of the project proposal and staff recommendation. Attachments: Staff Report Attachment 1 - Ordinance 4307 Attachment 2 - Zoning and Vicinity Map Attachment 3 - Land Use Application Attachment 4 - Floor Plans Attachment 5 - Site Plan Packet Pg. 2 O Attachment 6 - Letter of Completeness (PLN2023-0038) Attachment 7 - Revised Criteria Statement Attachment 8 - Land Use Application Attachment 9 - Letter of Completeness (PLN2023-0050) Attachment 10 - Joint Parking Agreement Attachment 11- Public Notice Materials Attachment 12 - Revised Notice of Application and Public Hearing Attachment 13 - Public Comments and Staff Response Attachment 14 - Planning Comments Regarding Required Parking Packet Pg. 3 1.a Project: File Number: Date of Report: Reviewed By: Applicant: CITY OF EDMONDS 121 5th Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa. PLANNING AND DEVELOPMENT DEPARTMENT • PLANNING DIVISION PLANNING DIVISION REPORT & RECOMMENDATION TO THE HEARING EXAMINER Conditional Use Permit and Joint Use Parking Agreement for NOVA Family Resource and Childcare Center PLN2023-0038 and PLN2023-0050 August 17, 2023 Rose Haas, Planner Carole Harper and DWU Design Location: 21010 761h Ave W I. SUMMARY OF PROPOSED ACTION: Carole Harper on behalf of NOVA Family Resource and Childcare Center has requested a conditional use permit (CUP) to allow for a daycare center and associated services in a portion of the existing 2-story building located at 21010 76th Ave W. The site is a 'split - zone' located within the Multifamily Residential (RM 2.4) zone - which requires a CUP for daycare centers - and the Neighborhood Business (BN) zone, which outright permits daycare centers following the adoption of Ordinance 4307 (Attachment 1). 3 21014 ?1n1 Site is split -zone and must meet criteria for both the RM and BN zones. NOVA Conditional Use Permit File No. PLN2023-0038 — 21010 7611 Ave W P Packet Pg. 4 1.a The site is currently developed and the applicant is proposing a minor interior remodel. As noted above, the RM zone allows for daycare centers as a primary use with the approval of a CUP, per Edmonds Community Development Code (ECDC) Section 16.030.0100(C)(3). CUPs are Type III-B decisions under ECDC 20.01.003, with the decision made by the Hearing Examiner following a public hearing. NOVA has also applied for a joint -use parking agreement (PLN2023-0050) with Prestige Q Care Skilled Nursing Facility located north of the proposed land use at 21008 76t" Ave W. r The joint -parking agreement is a Type II -A permit (Administrative Variance) that is being ti reviewed under a consolidated process with PLN2023-0038 at the request of the c applicant, per ECDC 20.01.002 (Optional Consolidated Permit Processing). N r The subject application is for land use permits PLN2023-0038 and PLN2023-0050 only and does not include review of any applicable building permit applications (BLD2023- N 0750). GENERAL INFORMATION: S 1. Property Owner: Kim Chan Sky Properties 8 LLC m L 2. Applicant / Business Owner: Carole Harper; on behalf of NOVA Family Resource and CU Childcare Center 0 3. Location: 21010 76th Ave W, Edmonds, WA 98026 4. Tax Parcel Number: 00614300001604 LO M _5. Zoning: The site is zoned Neighborhood Business (BN) and Multifamily Residential N z (RM 2.4). Refer to Attachment 2 for a zoning and vicinity map. J a- 6. Request: The applicant is seeking a CUP for a daycare center and joint use parking with 21008 761h Ave W. M 7. Review Process: PLN2023-0038 is a Type III-B permit. For CUP applications that 0 M require a public hearing (Type III-B decision), staff reviews the proposal and makes a N recommendation to the Hearing Examiner on whether the proposal is consistent Z J with the CUP criteria of ECDC 20.05.010, zoning ordinance, and the City's a Comprehensive Plan. Following a public hearing, the Hearing Examiner makes the o final decision on the CUP. PLN2023-0050 is a Type II -A permit, which is typically reviewed through an administrative process where the director makes a decision based on standards and (n clearly identified criteria, but where public notice is required (ECDC 20.01.001(A)). aD Since the applicant chose to consolidate review, PLN2023-0050 will be processed E alongside PLN2023-0038 as a Type III-B permit. t r 8. Compliance Review: r Q a. Compliance with ECDC 16.30 Multiple Residential b. Compliance with ECDC 16.45 Neighborhood Business NOVA Conditional Use Permit File No. PLN2023-0038 — 21010 76t' Ave W P Packet Pg. 5 1.a c. Compliance with ECDC 17.50 Off Street Parking Regulations d. Compliance with ECDC 20.05 Conditional Use Permits e. Compliance with ECDC 20.30 Joint Use of Parking 9. Lot Size: The subject site is approximately 6,970 square feet (0.16 acres per Snohomish County Assessor's records). 10. Existing Use: The current building was previously used as office space. 11. Proposed Use: The applicant is proposing a daycare facility with associated programming, including counseling, within the majority of the existing building. The applicant wishes to retain a portion of the building for office use not providing on - site customer service. 02:24W-AIW'!Will 3LTA 1111IF_14 Planning staff received and formally accepted the land use application for PLN2023- 0038 (CUP) on June 15, 2023 (Attachment 3). Along with the land use application, the applicant submitted the criteria statement (since revised), a floor plan (Attachment 4), and a site plan (Attachment 5). The application was deemed complete on July 10, 2023 (Attachment 6), with the completeness letter also requesting minor revisions to the information. In response, the applicant submitted a revised criteria statement on July 11, 2023 (Attachment 7). Planning staff received and formally accepted the land use application for PLN2023- 0050 (Joint Use Parking Agreement) on August 8, 2023 (Attachment 8). The submittal also included a signed joint -parking agreement as required per ECDC 20.30.010 (since revised). Planning staff deemed the application complete on August 9, 2023 (Attachment 9), with minor corrections needed. In response, the applicant submitted a revised joint -parking agreement (Attachment 10) on August 17, 2023. SEPA THRESHOLD DETERMINATION: CUPS and similar land use decisions are categorically exempt from threshold determination and EIS requirements pursuant to WAC 197-11-800(6). PUBLIC NOTICE AND COMMENTS: The Notice of Application and Public Hearing for PLN2023-0038 dated July 27, 2023 was published in the Everett Herald Newspaper, and posted at the subject site, Public Safety Complex and the Planning and Development Department on July 27, 2023. The notice was not posted at the Edmonds Library due to ongoing construction attributed to flooding in Summer of 2022. The notice was also mailed to property owners within 300 feet of the site on July 27, 2023, using a staff generated mailing list. See Attachment 11 for the Notice of Application and associated documentation of compliance with the public notice requirements. r 0 0- W c� U) c m E U 0 r Q NOVA Conditional Use Permit File No. PLN2023-0038 — 21010 76t' Ave W P Packet Pg. 6 1.a The Notice of Application and Public Hearing for PLN2023-0038 was revised to include the Joint Use Parking Agreement (PLN2023-0050) per the consolidated review process in accordance with ECDC 20.01.002(B). The revised notice, dated August 10, 2023 was published in the Everett Herald Newspaper, and posted at the subject site, Public Safety Complex and the Planning and Development Department on August 10, 2023. The notice was not posted at the Edmonds Library due to ongoing construction attributed to flooding in Summer of 2022. The notice was also mailed to property owners within 300 feet of the site on August 10, 2023, using a staff generated mailing list. See Attachment 12 for the Notice of Application and associated documentation of compliance with the public notice requirements. Planning Staff received one comment via email that inquired about whether there was adequate parking on the project site. The comment and its associated staff response — informing the commenter of the proposed joint use parking agreement - is included as Attachment 13. IV. TECHNICAL COMMITTEE: The associated building permit (BLD2023-0750) will be evaluated by South County Fire, the Building Division, and the Engineering Division. V. NATURAL ENVIRONMENT: 1. Critical Areas: Per the city LiDAR maps the site contains no critical areas and is within a fully developed site. A critical area determination is not required at this time since the proposed use will be located within the existing building and thus does not trigger critical area review under ECDC Chapter 23.40. Any changes to the site proposed in the future that require disturbing the ground will require a critical area determination for the site. 2. Shoreline: The subject property is not located within shoreline jurisdiction. VI. NEIGHBORHOOD CHARACTERISTICS: The subject site is located within the Neighborhood Business (BN) and Multifamily Residential (RM 2.4) zones. Refer to Attachment 2 for a zoning and vicinity map. The a properties north, west, and south of the subject site are zoned RM 2.4, while the parcel directly south of the subject property is zoned BN. Property to the north, west, and across 76th Ave W (east) are currently developed with commercial buildings for medical U) use and associated parking. Property directly south of subject parcel is commercially developed for service use. The site directly across 76th Ave at 21021 76th Ave W is a E z multi -family development. r r Q NOVA Conditional Use Permit File No. PLN2023-0038 — 21010 76t' Ave W P Packet Pg. 7 1.a VII. COMPREHENSIVE PLAN The Comprehensive Plan designation for the subject site is "Mixed Use Commercial". The following policy for development in Mixed Use Commercial is applicable to this CUP request: Commercial Development Goal A. 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 designed 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 policies: A.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 parcels of land already identified in the comprehensive plan for commercial use and/or zoned for such use. A.2 Parcels of land previously planned or zoned for commercial use but which are now or will be identified as unnecessary, or inappropriate for such use by additional analysis, should be reclassified for other uses. A.3 The proliferation of strip commercial areas along Edmonds streets and highways and the development of commercial uses poorly related to surrounding land uses should be strongly discouraged. A.4 The design and location of all commercial sites should provide for safe access for customers, employees and suppliers. A.5 All commercial developments should be carefully located and designed to eliminate or minimize the adverse impacts of heavy traffic volume and other related problems on surrounding land uses. A.6 Special consideration should be given to major land use decisions made in relation to downtown Edmonds (Comprehensive Plan, pages 69). The proposed daycare center is a compatible land use given the site's Comprehensive r Plan designation. The site is currently developed and has been providing a mix of uses. a With approval, the daycare center will continue to provide the surrounding neighborhood with a mix of services. The zoning designations are what implement the a goals and policies of the Comprehensive Plan. The proposed use of a day care center is an allowed use, with a CUP in the RM zone and an outright primary permitted use in the a BN zone. At this time, no changes are proposed to the existing vehicular access to the site, which provides access directly off of 76t" Ave W. As a condition of occupancy per r r BLD2023-0750, the site must meet applicable landscaping requirements and parking Q standards. Based on the above analysis, staff finds that the proposal is consistent with the City of Edmonds Comprehensive Plan. NOVA Conditional Use Permit File No. PLN2023-0038 — 21010 76t' Ave W P Packet Pg. 8 1.a The joint use parking agreement will allow the use to conform to the standards in ECDC Chapter 17.50 VIII. APPLICABLE CODES: 1. ECDC 16.30 — Multiple Residential A. ECDC 16.030.010 Uses The subject site is located within the BN zone and the RM zone. Pursuant to ECDC 16.30.010, a daycare facility is a primary use requiring a CUP in the RM zone. The application is to allow for a daycare center within the RM zone; therefore, if the subject application is approved, the proposed use will be consistent with the requirements of the Zoning Ordinance. Pursuant to ECDC 16.030.010, compliance with ECDC 20.05 is required in order to allow the establishment of a daycare center as a primary use in the RM zone, Thus, the applicant has submitted the required CUP application in accordance with the zoning district. As stated in ECDC 16.30.000(B), one purpose of the RM zone is, "To provide for those additional uses which complement and are compatible with multiple residential uses." If approved, this land use would be consistent with the purposes of the RM zone, as the proposed daycare center use will provide additional services to the area. The site was developed and previously utilized as an office use. The only exterior plans to modify the existing site is to bring the site into parking and landscaping compliance. The proposed use will continue to take access off 76t" Ave W. B. Site development standards specific to the RM zone are contained within ECDC 16.30.030. The applicant has a change of use permit for the subject property (BLD2023-0750), in which conformance to applicable zoning will be required. A recommended condition of approval states that the applicant must obtain all necessary building permits which are subject to the applicable requirements in the Edmonds Community Development Code. This recommended condition ensures that any proposed revisions to the site will be reviewed for compliance with applicable site development standards at the time of the associated building permit application. C. Staff finds that with the recommended conditions of approval, the proposal is consistent with the RM zoning and site development standards. 2. ECDC 16.45.010 — Neighborhood Business A. ECDC 16.45.010 Uses The subject site is located within the BN zone and the RM zone. Pursuant to ECDC 16.45.010, and as shown in Ordinance 4307 (Attachment 1), daycare facilities are an outright primary permitted use in the BN zone. r 0 a as U) c as E M U 0 r r Q NOVA Conditional Use Permit File No. PLN2023-0038 — 21010 76t' Ave W P Packet Pg. 9 1.a IX. B. Site development standards Site development standards specific to the BN zone are contained within ECDC 16.45.030. The applicant has a change of use permit for the subject property (BLD2023-0750), in which conformance to applicable zoning will be required. 3. ECDC 17.50 Off Street Parking Regulations ECDC 17.50.020(C)(8) requires one space for 300 square feet, or one per employee, plus one per five students, whichever is larger. ECDC 17.50.020(B)(6) requires one space per 800 square feet for offices not providing customer service. According to information provided by the applicant, out of the 4,036 square -feet of leasable building space, 3,044 square -feet will be use as daycare use, and 1,109 square -feet would be required for office space not providing on -site customer service. See Planning Department Comment Letter 1 for BLD2023-0750 for a discussion regarding required parking (Attachment 14). The site can only accommodate 7 parking spaces and the applicant is required to provide 11 in total. In order to accommodate parking requirements, the applicant has applied for a joint parking agreement (PLN2023-0050) with Prestige Care Skilled Nursing Facility located north of the proposed land use at 21008 76t" Ave W. As a condition of approval for BLD2023-0750, the applicant will need to obtain 4 parking spaces through the joint approval. Prestige Care Skilled Nursing Facility was permitted through land use permits PLN2013-0075 and PLN2013-0076 in 2014 and met all applicable zoning and development standards. ECDC Section 17.50.020(A)(3) requires one parking space per three beds at skilled care facilities. The Prestige facility, at the time of permitting, had 80 beds, which require 27 parking spaces. Currently, a total of 59 parking spaces exist at the Prestige site. Per zoning and development regulations, Prestige has adequate parking facilities to participate in a joint use parking agreement with NOVA Childcare. CONDTIONAL USE PERMITS — ECDC 20.05 Pursuant to ECDC 20.05.010, no CUP may be approved unless all of the following findings can be made: A. Comprehensive Plan. That the proposed use is consistent with the Comprehensive Plan. Refer to Section VIII of this report for a discussion on consistency with the Comprehensive Plan. The proposed daycare facility will be located within an existing commercial building and will be consistent and compatible with its surrounding neighborhood. Additionally, the proposed use will provide a service to the local neighborhood and should not cause a major increase in traffic along the neighborhood streets as the site is already developed. The access to the NOVA Conditional Use Permit File No. PLN2023-0038 — 21010 76"' Ave W P Packet Pg. 10 1.a daycare center is directly off 7611 Ave W. It is expected that the streets can accommodate the expected traffic the daycare center will generate. No traffic study is required. 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 subject site is located within the BN and RM zoning districts. Pursuant to ECDC 16.45.010 (Ordinance 4307), daycare centers are an outright primary permitted use in the BN zone. Pursuant to ECDC 16.30.010, a daycare center is a primary use requiring a CUP in the RM zone. The application is to allow for a daycare center; therefore, if the subject application is approved, the proposed use will be consistent with the requirements of the Zoning Ordinance. Furthermore, ECDC 16.30.000(B), states that one of the purposes of the RM zone is, "To provide for those additional uses which complement and are compatible with multiple residential uses." If approved, this proposed land use within the existing developed structure/site would be consistent with the purposes of the RM zone. 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 nearby private property or improvements unless the use is a public necessity. The proposed daycare center should not be significantly detrimental to the public health, safety and welfare and to nearby private property or improvements. A recommended condition of approval states that the applicant must apply for and obtain all necessary building permits and that the application is subject to the applicable requirements in the Edmonds Community Development Code. This recommended condition ensures that any proposed revisions to the site will be reviewed for compliance with applicable site development standards at the time of the associated building permit application, The applicant will be required to meet applicable zoning standards through BLD2023-0750. The proposal to allow for a daycare center does not appear to be detrimental to the public health, safety and welfare, or to nearby property owners. D. Transferability. The hearing examiner shall determine wither 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 used by a subsequent user of the some property. The applicant has not indicated the desire for the requested CUP be transferable and run with the land. r 0 0- W U) c W E M U 0 r Q NOVA Conditional Use Permit File No. PLN2023-0038 — 21010 76th Ave W P Packet Pg. 11 1.a X. XI. XII XIII Joint Use of Parking — ECDC 20.30 Chapter 20.30 ECDC establishes a procedure and standards for review of applications for joint use of off-street parking facilities. Per ECDC 20.30.010, in addition to information required by ECDC 20.02.002, the applicant must provide written consent of all owners of the affected land. Per ECDC 20.30.030(F), the off-street parking facilities to be used jointly shall be located within 500 feet of the use which they are to serve. The applicant has provided the required information (Attachment 10) and the site plan (Attachment 5), which shows that the joint parking will be less than 500 feet from the proposed use. Per 20.30.040, prior to final approval, the applicant must provide to the City a covenant conveying a nonrevocable parking easement for the life of the applicant's use and record the covenant with the Snohomish County auditor. STAFF RECOMMENDATION: Based on the analysis within and the attachments included with this report, staff finds the proposal is consistent with the CUP criteria for approval listed in ECDC 20.05.010, the joint use parking approval criteria in ECDC 20.30.030, the Comprehensive Plan, and the Zoning Ordinance. Staff recommends that the Hearing Examiner APPROVE the requested conditional use permit (File No. PLN2023-0038) and joint use of parking agreement (File No. PLN2023-0050) with the following conditions: 1. The applicant must apply for and obtain all necessary building permits which are o subject to the applicable requirements in the Edmonds Community Development c Code. It is the responsibility of the applicant to ensure compliance with the various z provisions contained in the ordinances. a- 2. The applicant is responsible for seeking and obtaining all required local, state and/or federal permits or approvals applicable to the proposal. r00,, 3. The applicant must provide the City with a covenant conveying a nonrevocable 0 0 Cn parking easement at 21008 761" Ave W for the life of the applicant's use and record N the covenant with the Snohomish County Auditor. � a 4. The CUP shall be personal to NOVA Family Resource and Childcare Center. I.- RECONSIDERATION 0 a According to ECDC 20.06.140, a party of record may submit a request to reconsider a in Type III-B decision to the Development Services Director within 10 days after the date of c issuance of the decision. The request must be made in writing and include all required E information stated in ECDC 20.06.140(D) as well as the applicable fee. t r APPEAL r a Pursuant to ECDC 20.06.030, a party of record may submit a written appeal of a Type III B decision to the Development Services Director within 14 days after the date of issuance of the decision. The appeal shall be made in writing and shall include all NOVA Conditional Use Permit File No. PLN2023-0038 — 21010 76t' Ave W P Packet Pg. 12 1.a required information stated in ECDC 20.06.030(D) as well as the applicable fee. The appeal would be heard at a closed record hearing before the City Council according to the requirements of ECDC Chapter 20.06.120. XIV. TIME LIMIT AND EXTENSION Unless the owner obtains a building permit or, if no building permit is required, substantially commences the use allowed within one year from the date of approval, the CUP shall expire and be null and void, unless the owner files an application for an extension of time before the expiration date. (ECDC 20.05.020.(C)) An application for any extension of time shall be reviewed by the community development director as a Type II decision. (ECDC 20.05.020(D)) XV. PARTIES OF RECORD: City of Edmonds 121— 5t" Ave. N Edmonds, WA 98020 Kim Chan Sky Properties 8 LLC P.O. Box 524 Kirkland, WA 98083 NOVA Family Resource & Childcare Center Axis Physical Therapy Attn: Carole Harper Attn: Jeff Waldron 21010 761" Ave W jeff@axisptinc.com Edmonds, WA 98026 XVI. ATTACHMENTS: 1. Ordinance 4307 2. Zoning and Vicinity Map 3. Land Use Application 4. Floor Plans 5. Site Plan 6. Letter of Completeness (PLN2023-0038) 7. Revised Criteria Statement 8. Land Use Application 9. Letter of Completeness (PLN2023-0050) 10. Signed Joint Parking Agreement 11. PLN2023-0038 Notice and materials 12. PLN2023-0038 and PLN2023-0050 Consolidated Notice and materials 13. Public Comment 14. Required Parking Letter r r Q NOVA Conditional Use Permit File No. PLN2023-0038 — 21010 76t' Ave W Pa Packet Pg. 13 1.b ORDINANCE NO.4307 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 16.45 ECDC TO ALLOW DAY-CARE CENTERS AS AN OUTRIGHT PERMITTED USE IN THE NEIGHBORHOOD BUSINESS (BN) ZONE AND TO EXEMPT ASSOCIATED OUTDOOR RECREATION SPACES FROM THE BN ZONE OPERATING RESTRICTIONS THAT REQUIRE MOST USES TO BE LOCATED WITHIN FULLY ENCLOSED BUILDINGS WHEREAS, AD Shapiro Architects submitted a land use application (AMD2023-0001) on behalf of Great Kids Academy to allow day-care centers as a primary permitted use in the Neighborhood Business (BN) zone and to exempt associated outdoor recreation spaces from the BN zone's operating restrictions; and WHEREAS, an Edmonds Community Development Code (ECDC) amendment is a "Type V" application, where staff makes a recommendation to the Planning Board, who conducts a public hearing and forwards a recommendation to City Council; and WHEREAS, the Planning Board held an open record public hearing on May 10, 2023, and unanimously recommended approval of the amended language shown in Attachment A; and WHEREAS, the City Council reviewed and discussed the Planning Board's recommendation to amend Chapter 16.45 ECDC on May 16, 2023; and WHEREAS, the City Council held the required public hearing for the "Type V" code amendment on June 6, 2023; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Section 1. Chapter 16.45 ECDC, entitled "BN — NEIGHBORHOOD BUSINESS," is hereby amended to read as shown on Attachment A hereto (new text is shown in underline; deleted text is shown in trikethrough). Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Packet Pg. 14 1.b Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MIKE NELSON ATTEST/AUTHENTICATED: CITY CLERK; TT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK: June 16, 2023 PASSED BY THE CITY COUNCIL: June 20, 2023 PUBLISHED: June 23, 2023 EFFECTIVE DATE: June 28, 2023 ORDINANCE NO. 4307 2 Packet Pg. 15 1.b SUMMARY OF ORDINANCE NO.4307 of the City of Edmonds, Washington On the 20"' day of June, 2023, the City Council of the City of Edmonds, passed Ordinance No, 4307. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 16.45 ECDC TO ALLOW DAY-CARE CENTERS AS AN OUTRIGHT PERMITTED USE IN THE NEIGHBORHOOD BUSINESS (BN) ZONE AND EXEMPT ASSOCIATED OUTDOOR RECREATION SPACES FROM THE BN ZONE OPERATING RESTRICTIONS THAT REQUIRE MOST USES TO LOCATED WITHIN FULLY ENCLOSED BUILDINGS The full text of this Ordinance will be mailed upon request. DATED this 20th day of June, 2023. S� CITY CLER COTT PASSEY 1 Packet Pg. 16 1.b EXHIBIT A Chapter 16.45 BN — NEIGHBORHOOD BUSINESS Sections: 16.45.000 Purposes. 16.45.010 Uses. 16.45.020 Site development standards. 16.45.030 Operating restrictions. 16.45.000 Purposes. _ SHARE The BN zone has the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC: A. To reserve areas, for those retail stores, offices, retail service establishments which offer goods and services needed on an everyday basis by residents of a neighborhood area; B. To ensure compact, convenient development patterns by allowing uses that are operated chiefly within buildings. 16.45.010 Uses. SHARE A. Permitted Primary Uses. 1. Single-family dwellings, as regulated in RS-6 zone; 2. Neighborhood -oriented retail stores, retail service uses, excluding uses such as commercial garages, used car lots, taverns, theaters, auditoriums, undertaking establishments and those uses requiring a conditional use permit as listed below; 3. Offices and outpatient clinics, excluding commercial kennels; 4. Dry cleaning stores and laundromats; 5. Small animal hospitals; 6. Churches, subject to the requirements of ECDC 17.100.020; 7. Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R); 8. Day-care centers 9.8-: Local public facilities designated and sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; Packet Pg. 17 1.b 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. Limited assembly, repair or fabrication of goods incidental to a permitted or conditional use; 2. Off-street parking and loading areas to serve a permitted or conditional use; 3. One dwelling unit per lot, in the story above the street floor, with a minimum lot area of 6,000 square feet; 4. Commuter parking lots that contain less than 10 designated parking spaces in conjunction with any local public facility allowed by this section. Any additionally designated parking spaces that increase the total number of spaces in a commuter parking lot to 10 or more shall subject the entire commuter parking lot to a conditional use permit as specified in subsection (D)(2) of this section, including commuter parking lots that are located upon more than one lot as specified in ECDC 21.15.075. C. Primary Uses Requiring a Conditional Use Permit. 1. Commercial parking lots; 2. Drive-in businesses; 3. Businesses open to the public between the hours of 11:00 p.m. and 6:00 a.m.; 4. Convenience stores; 5. Local public facilities not planned, designated, or sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 6 E)@y _Gore Ge Rterr 6 -7. Hospitals, convalescent homes, rest homes, sanitariums; 7 9. 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; 8 -9. Counseling centers and residential treatment facilities for current alcoholics and drug abusers,- 9 4-0. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070. D. Secondary Uses Requiring a Conditional Use Permit. 1. Outdoor storage, incidental to a permitted or conditional use; Packet Pg. 18 1.b 2. Commuter parking lots with 10 or more designated parking spaces in conjunction with a facility meeting the criteria listed under subsection (C)(6) through (10) of this section. [Ord. 3353 § 3, 2001; Ord. 3269 § 1, 1999*; Ord. 3120 § 1, 1996; Ord. 2759 § 1, 1990; Ord. 2660 § 1, 1988; Ord. 2283 § 4, 1982]. *Code reviser's note: Ord. 3269 expired August 13, 2000. For provisions on the outdoor display of merchandise, see Chapter 17.65 ECDC. 16.45.020 Site development standards. o _SHRRE A. Table. Minimum Minimum Minimum Minimum Minimum Maximum Lot Area Lot Width Street Side Rear Height Maximum Floor Area Setback Setback Setback BN None None 20' None, None, 25' 3 sq. ft. per sq. ft. of lot area Fifteen feet from lot lines adjacent to R-zoned property. B. Signs, Parking and Design Review. See Chapters 17.50, 20.10 and 20.60 ECDC. C. Screening. The required setback from R-zoned property shall be permanently landscaped with trees and ground cover and permanently maintained by the owner of the BN lot. A six-foot minimum height fence, wall or solid hedge shall be provided at some point in the setback. D. Satellite television antennas shall be regulated as set forth in ECDC 16.20.050, and reviewed by the architectural design board. [Ord. 3846 § 1, 2011; Ord. 2526 § 5, 1985]. 1 16.45.030 Operating restrictions.' SHARE _ _ A. All uses shall be carried on entirely within a completely enclosed building except: 1. Public utilities and parks; 2. Off-street parking and loading areas and commercial parking lots; 3. Drive-in businesses; 4. Plant nurseries; 5. Outdoor recreations aces associated with day-care centers. Packet Pg. 19 1.b 6. -5, Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC. B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards. [Ord. 3320 § 2, 2000]. Packet Pg. 20 1.b Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Michael Gates being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH979314 ORDINANCES 4304-4310 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 06/23/2023 and ending on 06/23/2023 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount o the fee for st li ublication $125.56. Subscribed and sworn efore me on this 1�- day of zc�529 . .tZ-2 . , Notary Public in and for the State of Washington. City of Edmonds -LEGAL ADS 1141014 M SC0'11'1'ASS1:Y Linda Phillips Notary Public State of 1PJashington My Appointment Expires 8129i2025 Commission Number 4117 Packet Pg. 21 1.b Classified Proof ORDINANCE Si1M. hA& ofthe cityO on 5, as »fin On the 201h oay of June 2023. She Cily GOulxtl of Iln City of EdmCnds, passed the SaSkLving prdinaflcas, It+e Suminarles of said ordlnanLe9 LchsEsfing of titles are prtnrided as f011esva: ORDINANCE N0.430d AN ORDINANCE OF+IpNlJS, WRSHINGTON, RELATING TO PROTECTION ORDERS AND AMENDING EDMONDS MUNICIPAL CODE SECTION 5 34.040; PROVIDING FOR SEVERABILITY; AND SETTING THE EFFECTIVE DATE. ORDINq�NO I 4305 AN ORDINANCE ar�Vo LITY, OF W NDS, WASHINGTON. AMENDING CHAPTER 5.34 ECC �PERSflN$, CRIMES RELATING TO] TO REPEAL, FOR PURPgSES OF MORE EFFECTIVE PROSECUTION, THE SUSSECTION RELATING TO THE CHARGE OF DOMESTIC VIOLENCE STRANGULATION AND INSTEAD RELYING ON THE CHARGE OF ASSAULT IN THE FOURTH DEGREE AS SET FORTH IN ECC $.34,010: TO REVISE TITLE$ TO CERTAIN STATE LAWS THAT HAVE BEEN AMENOED; TO REMOVE REFERENCES TO CERTAIN STATE LAWS THAT HAVE BEEN REPEALED; PROVIDING FOR SEVERABILITY: AND SETTING AN EFFECTIVE OAT OR INANC .4303 AN ORDINANCE OF HE C D EOM 05, WASHINGTON, AMENDING CHAPTER 3.50 ECC (MISCELLANEOUS CHARGES) TO RAISE THE FEES CHARGEC FOR FINGERPRINTING SERVICES: PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. RCHNANCE ND 43 T AN ORDINANCE DF E EDh HDS. WASHINGTaN. AMENDING CHAPTER 16.45 ECDC TO ALLOW DAY-CARE CENTERS AS AN OUTRIGHT PERMITTED USE IN THE NEIGHBORHOOD BUSINESS (ON) ZONE AND. TO eXEMPT g&ZEPRAGORECREATION TTAACES OM THE NONOET OPERATING THAT REQUIRE MOST USES TO BE LOCATED WITHIN FULLY ENCLOSED 9UILDINGS NANCODR�E 0El D3, WASHINGTON. ORDINANCE OFTHD�F MIONESTABLISHING NEW SSES AND AMENDING PROCESSES RELATED TOTHEFILLING Of: OPENINGSING ONN THECITY'S HOARDS AND CCU MISS IONS• ORDINANCE ND. 4309 AN ORDINANCE or7HE 1^ TY U EOMONOS, WASHINGTON. RELATING TO THE COMBINED WATER AND SEWERAGE SYSTEMS COMPRISING THE WATERWORKS UTILITY OF THE CITY,, PROVIDING FOR THE ISSUANCE OF ONE OR MORE SERIES OF WATER AND SEWER REVENUE BONDS FOR THE OF { TO PROVIDE FUNDS TO PAY ALL OR PART CF THEECCOS`C1S OF REFUNDING CERTAIN OUTSTANDING WATER AND SEWER REVENUE BONDS OF THE CITY TO ACHIEVE A DEBT SERVICE AND TOTHE COSTS OF ISSUANCE�AND VINGSSALE OF THEPABONDS AND Tf�+E ADMINISTRATIVE COSTS OF THE REFUNDING: FIXING OR SETTING PARAMETERS WITH RESPECT TO CERTAIN TERMS AND COVENANTS OF THE BONDS; APPOINTING THE CITY'S DESIGNATED REPRESENTATIVE TO APPROVE THE FINAL TERMS OF THE SALE OF THE BONDS: AMENDING PROVIDING FOR OTHER RELATEDDINANCE NO- 39%. AND ORDINANCE MATTERS, 4167; AND OR NCE H 4510 AN ORDINANCE Os 7NOS, WASHINGTON, AS A R SULLTRDINANCE OF CHANGES TO REALLOCATING OCATING HE CITY AMERICAN RESCUE PLAN ACT FUNDS, REDUCING THE ALLOCATION FOR JOB RETRAINING AND DIRECTING THAT AMOUNT TO SUPPORT THREE ELE?AFNTARY SCHOOLS IN WHEN THE SAME SHALLEDMONDS BECOME EFFECL DISTRICT, TE FIXING A TIME DATED thts 20Ih Day of June. 2023. Proofed by Phillips, Linda, 06/28/2023 10:48:36 am Page: 2 Packet Pg. 22 1.b Classified Proof CITY CLERK, SCOTT PASSEY Published: June 23, 2023. EDH979314 Proofed by Phillips, Linda, 06/28/2023 10:48:36 am Page: 3 Packet Pg. 23 1.c r " City of Edmonds 21109 211 2111 Zoning and Vicinity Map W 210e14.... Q . ........... ::::::::::::21110.... '7631................ ............................ ........................... '7.609::::: ........................... ........................... ........................... KOO W", 2 — 0 126.30 252.6 Feet 188.1 This ma is a user generated static output from an Internet mapping site and is foi 2,257 P B P PP B reference only. Data layers that appear on this map may or may not be accurate WGS_1984_Web _Mercator _Auxiliary —Sphere current, or otherwise reliable © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION ■ Legend 0 ReZones PRD RoW Zoning RS-6 RS-8 RS-10 RS-12 © RSW-12 RS-20 RS-MP RM-3 ■ RM-2.4 ■ RM-1.5 RM-EW BD1 BD2 BD3 BD4 BD5 OR ® WMU ® BP r BN ® FVMU BC Notes N i R V 0 0 LO 0 0 M N Co N Z J a C M co M O O M N O N Z J d Q fC C .0 c C 0 N r N C 0 E t fC Q r c m t r a Packet Pg. 24 1 1.d CITY OF EDMONDS nn BuildingPermit.com Land Use Application #1333014 - Nova Family Resources & Childcare Center Applicant First Name Last Name Company Name Carole Harper Nova Family Resource and Childcare Center Number Street Apartment or Suite Number E-mail Address 21010 76th AV W caroleh(�D_novafam.org City State Zip Phone Number Extension Edmonds WA 98026 (425) 214-2493 Contractor Company Name Number Street City State License Number Project Location Number Street 21010 76TH AVE W City EDMONDS Associated Building Permit Number State Zip License Expiration Date Apartment or Suite Number Phone Number Extension UBI # E-mail Address Floor Number Suite or Room Number Zip Code County Parcel Number 98026 00614300001604 Tenant Name Nova Family Resources & Childcare Center Additional Information (i.e. equipment location or special instructions). r_ O r R v Work Location Q Q Q N Property Owner to First Name Last Name or Company Name C Kim Chan SKY PROPERTIES 8 LLC _J Number Street Apartment or Suite Number r M PO BOX 524 City State Zip E KIRKLAND WA 98083 Q Certification Statement - The applicant states: r I certify that I am the owner of this property or the owner's authorized agent. If acting as an authorized agent, I further certify that I have full power and y authority to file this application and to perform, on behalf of the owner, all acts required to enable the jurisdiction to process and review such application. I E have furnished true and correct information. I will comply with all provisions of law and ordinance governing this type of application. If the scope of work r- requires a licensed contractor to perform the work, the information will be provided prior to permit issuance. r a Date Submitted: 6/14/2023 Submitted By: Carole Harper Packet Pg. 25 Page 1 of 2 1.d CITY OF EDMONDS MyBuildingPermit.com Land Use Application #1333014 - Nova Family Resources & Childcare Center Project Contact Company Name: dwudesign Name: David Wu Email: dwudesign@gmail.com Address: 14632 432 14th Avenue SE 14th Avenue Phone #: (425) 512-1780 SE Mill Creek WA 98012 Project Type Activity Type Scope of Work New Use Approval Conditional Use - Administrative Project Name: Nova Family Resources & Childcare Center Description of Work: Change of use in one of the room at the lower floor from office to childcare. Project Details Project Information Childcare for foster child in one of the room lower floor Use (s) - proposed only, the remaining rooms upper and lower floors remain to be the same as existing. Use - existing Office Zoning - existing RM 2.4 Packet Pg. 26 Page 2 of 2 1.e 39'-5" (EXISTING BUILDING, FIELD VERIFY) 39'-5" (EXISTING BUILDING, FIELD VERIFY) 50'-0" (EXISTING BUILDING, FIELD VERIFY) EXISTING/UPPER CONSTRUCTION NOTES LEGEND FLOOR PLAN FOR BOTH UPPER AND LOWER FLOORS EXISTING CONDITION TO REMAIN '(FOR REFERENCE 1. REFER TO PLUMBING AND MECHANICAL PLANS PREPARED BY SUB -CONTRACTORS. NEW CONSTRUCTION nni i v� ALL BATHROOM AND LAUNDRY EXHAUSTS WILL BE'NUTONE' BRAND 50 CFM, EXHAUST ICT TLJDII D!1l1C TYPICAL INTERIOR PARTITION TO BE REMOVED NO WORK EXCEPT 2. GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR FUNCTIONAL TESTING OF PROVIDE SMOKE AUTOMATIC LIGHTING CONTROLS, PROVIDE OCCUPANCY SENSOR FOR ALL ROOMS. ROOM SYMBOL 001 AND CARBON 3. SHADED AREA SHOWN ON PLAN IS 44" CLEAR PATHWAY FOR EMERGENCY EGRESS FIRE EXTINGUISHER PER 2018 IBC SECTION 1006 & 1008. MONOXIDE ALARM & EXIT SIGN AS SHOWN SCALE: 1/4" = 1' 41'-3" (EXISTING BUILDING FIELD VERIFY) 4. EMERGENCY EGRESS LIGHT SHOWN ON PLAN ALONG EGRESS PATHWAY, EXIT LIGHT DOOR SYMBOL AT EACH END OF EXIT DOORWAY WITH EMERGENCY BACK-UP POWER PROVIDED. LIGHTED EXIT SIGN: PER 2018 IBC SECTION 5. NO EXTERIOR WORK. ALL INTERIOR WALLS ARE 2x4 @ 16" o.c. WITH 1/2" GWB ON 1008.3.5, IN THE EVENT OF POWER FAILURE, BOTH SIDES UNLESS OTHERWISE NOTED. THE SYSTEM SHALL BE AUTOMATICALLY PROVIDED WITH POWER FROM AN 6. PROVIDE WATER-RESISTANT GWB BEHIND ALL PLUMBING FIXTURES, PROVIDE EMERGENCY SYSTEM. PER WSEC LIGHTING WATER-RESISTANT WAINSCOT = 48" PLASTIC LAMINATE AROUND RESTROOM. CHECKLIST C405.3 PER CODE. FIXTURES, FINISHES AND ACCESSORIES SHALL BE AS APPROVED BY TENANT. EGRESS EMERGENCY ILLUMINATION: FIXTURE SHALL BE INSTALLED AND SHALL SMOKE DETECTORS (S.D.) ARE REUIRED FOR ALL ROOMS AND HALLWAY, HAVE AT LEAST AN AVERAGE OF HARDWIRED AND INTERCONNECTED WITH BATTERY BACK-UP. 1 FOOT-CANDLE AND A MIN. AT ANY POINT OF 0.2-FOOT CANDLE MEASURED ALONG THE �. CARBON MONOXIDE ALARM ARE REQUIRED PER FLOOR AND SHALL COMPLY WITH PATHS OF EGRESS AT UL2034, TYPICAL. THE FLOOR LEVEL. PER WSEC LIGHTING CHECKLIST C405.2.5, AUTOMATIC SHUT OFF 0. PROVIDE 2A-10BC PORTABLE FIRE EXTINGUISHER PER PLAN AS F.E.. PER CODE. NOTES: DOOR SCHEDULE 1. ALL DOORS REQUIRED FOR ADA COMPLIANCE TO BE FITTED W/APPROVED LEVER -TYPE HARDWARE & SHALL NOT REQUIRE TIGHT GRASPING NUMBER WIDTH HEIGHT MAT./FINISH REMARKS TIGHT PINCHING, OR TWISTING OF THE WRIST TO OPERATE. UNLATCHING 9 SHALL NOT REQUIRE MORE THAN ONE OPERATION, 101 3'-0" 6'-8" NEW HOLLOW WOOD DOOR 2. MAX. 1/2" THRESHOLD 3. FOR EXISTING EXTERIOR A.F.F. DOORS, PROVIDE PANIC HARDWARE. 102 9 99 3 —O 9 99 6 -8 NEW HOLLOW WOOD DOOR POSTED:'EMPLOYEE USE ONLY' 103 3'-0" 6'—g" NEW HOLLOW POSTED: 'ACCESS WOOD DOOR, TO RESTROOM NO MANUALLY OPERATED PERMITTED. FLUSH BOLT OR SURFACE BOLTS ARE NOT 104 3'-0" 6'—g" NEW HOLLOW WOOD DOOR, POSTED: 'RESTROOM' 4. ALL EXISTING EXTERIOR EXIT SIGN WITH BACK-UP EXIT DOORS SHOWN REQUIRED EMERGENCY BATTERY, TYPICAL. POSTED: 'THIS DOOR TO BUILDING, FIELD VERIFY) BE REMAINED UNLOCK WHEN OCCUPIED'. 50'-0" (EXISTING 41'-3" (EXISTING 39'-5" BUILDING (EXISTING FIELD BUILDING, VERIFY) FIELD VERIFY) .E. EX E IST DO D OR *SMOKE DETECTOR 7 NEW TEACHER STORAGE/ LOUNGE) EXIT PROVIDE SELF —CLOSER FOR EMERGENCY EXIT, PROVIDE LIGHTED EXIT SIGN WITH BATTERY BACK—UP PROVIDE SELF —CLOSER EXISTING EXTERIOR EXISTING EXTERIOR DOORS AND WINDOWS \ WALLS AND WINDOWS TO REMAIN NO WORK, TO REMAIN NO WORK, TYPICAL TYPICAL EXIST E D 67� OFFICE .,SMOKE DETECTOR (NO CHANGE) SMOKE T.E BREAKROOM DETECTOR E T. O (NO CHANGE) DOOR 102F�N. �X WNEW EMERGENCY KE EXIT SIGN W/BACK—UP `DETE�TOR BATTERY, TYP. EXI S .POSTED: PATHWAY D O ACCESS TO @ HALLWAY ';SMOKE DETECTOR RESTROOM' (�1 SMOKE DETECTOR RECEPTION AREA (NO CHANGE) NEW EMERGENCY EXIT SIGN W/ BACK—UP UP EXIT BATTERY, TYP. �E. EXIT E T NEW E ST. EXI S EXT.OUINTAIN O EXT. D00 D00 DOOR CHILDCARE POSTED: ACCESS TO UPPER FLOOR NEW EMERGENCY OFFICE ONLY' EXIT SIGN W/ BACK—UP EXIT BATTERY, TYP. T. D OR PROVIDE SELF —CLOSER PROVIDE SELF —CLOSER NEW STORAGE FX I T. D00 TABLE ACCESSI 104 RESTROOM 0 REFER TO 0, 50 CFM — 6 FAN I U I olio II Y XISTING LECTRICAL ANEL 0 REMAIN 0 WORK 41'-3" (EXISTING BUILDING FIELD VERIFY) —I 1 OOR PLAN 14632 - 14th Ave. SE Mill Creek, WA 98012 (425) 512-1780 dwudesign@gmail.com PROJECT: Nova Family Resource and Childcare Center Conditional Use & Remodel Permit a 0 LOCATION: N 21010 76th Ave. W. Edmonds, WA 0 98026 w 0 PERMIT 0 LO o PLAN SET N CD N z J a 00 M O EXISTING UPPER N FLOOR PLAN, NO WORK z J a PROJECT AREA LOWER FLOOR PLAN a O O U_ c d E Q c d E Q FILE: 2023-011 DATE: 06/15/2023 PREPARED BY: D. Wu REVISIONS: SHEET NUMBER: A�3 Packet Pg. 27 EXISTING LOWER FLOOR PLAN SCALE: 1/4" = 1'-0" PROJECT AREA (INTERIOR REMODEL ONLY SCALE: 1/4" = 1'-0" PROPOSED LOWER FL SCALE: 1/4" = 1'-0" RHi " N E °ems o °' d E 3 a z Y M 3 o 0 z daafa U)n M °� ag kw z o v� z cw N u a w a M. 0o - F < rc z z in 1c s w N m f z 1 _ Z O O O Er z �pj o Ow0 d Y x x x -�� > oo a0 0_ m m m UU 5 w < dZ�pG�� I~-1 Q O o W ¢ w w z�4W W b Jw o <��w� 0 u O "; Q o viz ww> w ¢a zo�3: a� Z 00 00 0 0 wfJ » wN= a�wz�¢ U O CD 0 o m m l ¢K U O O C) CD CD ow z d w U J U¢¢ m Q J O O O O �Jw� Jo xQc�x ¢�¢¢ Q N O N UHOd d� m �Ov �.wza3az a z Vl ^a ESm N ri I pa �O afl `;'- ,0-,99I 3Nn Ala3dOad Z O 0' 0 0 `- --- -- >:::: ::::::::::::::::::7 O_ z<W o Q Q N O offer $= I Q a ~O O 00 �waz"< < W J 'Y U r xU } F6— o w O m WI w -D LLJ > U Q V� s-s .a-s s-s ,a-s s-s .a-s s-s .•{ a Q 0 (D O 00 0 0 00 ~ CD 5� 3� 5� 3� 5� 3: 5� _ ¢ 0- CD O CD O CDO C:)C 'd Q O N CD ,,7 O C) m < Q O m mho"' a 0-,SSl 3Nn Ala3, ad •• a ��• - C) O Oo� O Q m o o om o - J — -p U of N o= U D- o W cD 00 � 'IfL O N U Q U Q Q W 17 z W 0 O~ D O LJ 0 0 0 ME O w O cc a p z o o��o oro -_ ,` O O C:)0 O O I� w n, W — o' O U n' CI- a J o3� O LNj7Q0 p U z z z o f � 2 Q J W Q O I..L O Of O a J z Q D o w ~ W d p w O O o -_ _--- _--- ___________- W Q LC.. vW W Wa NO Z z aaZ d z� �C, MzO s UW w� �N oN zYa �� flimrL IT �aUO o o� o� zN a� J Z w Packet Pg. 1.g CITY OF EDMONDS 121 51h Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov PLANNING & DEVELOPMENT DEPARTMENT • PLANNING DIVISION DATE: July 10, 2023 TO: DWUDesign and Carole Harper FROM: Rose Haas, Planner rose.haas@edmondswa.gov (425) 771-0220 (ext. 1239) RE: Complete Application -Corrections Required PLN2023-0038 21010 76`h Ave W Day-care Conditional Use Permit The City of Edmonds has reviewed the application for the land use application above. Pursuant to Sections 20.02.002 and 20.05.010 of the Edmonds Community Development Code (ECDC), the application meets the procedural submission requirements and therefore is complete in accordance with ECDC 20.02.003. The City will issue a Notice of Application pursuant to ECDC 20.03.002 within two weeks and request comments from adjacent property owners within a 300 ft radius of the subject property. The Notice will also be published in the Everett Herald and posted at the Edmonds Planning & Development Department, Public Safety Building, and Edmonds Library. I will also install a small blue project notification sign onsite. Comments will be accepted for fourteen calendar days from the date the Notice is published. While the application is procedurally complete, you must submit required additional information and clarifications prior to continued review of the application. Please respond to each of the comments in a cover letter and by providing updated plans or other materials as necessary. Staff will contact you as our review continues if additional information is necessary: Criteria Narrative addressing ECDC 20.05.010: Please update your criteria narrative to indicate the following: a. The day-care will be the primary use with secondary office use not providing on - site customer service. I have attached associated email correspondence as reference. b. The proposed use is consistent with the comprehensive plan. Packet Pg. 29 1.g c. 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 (RM zone), and that the proposed use will meet all the applicable requirements of the zoning ordinance. d. The use, as approved or conditionally approved, will not be significantly. detrimental to the public health, safety and welfare, and to nearby property Please be aware that a complete response to this information request must be received within 90 days or the application will lapse for lack of information (ECDC 20.02.003(D)). Packet Pg. 30 1.h 07/10/2023 Criteria Compliance Narrative RE: Nova Family Resource and Childcare Center 21010 76th Avenue West, Edmonds, WA 98026 Applicant requests City staff to provide Conditional Use approval for change of use of this existing building from Professional Office to Childcare for low income foster child. Scope of work only change one of the rooms in the lower floor to childcare, the remaining areas to be remained as offices. A Building Remodel Permit will be applied separately. Criteria Compliance: Provide parking requirement per Land Use Code on site and Joint Parking Agreement with neighbor under separate permit after staff conformation. Fire and Building compliance per 2018 International Building Code, local Fire Code and Accessible Handicap requirement. After City staff confirms this parking proposal, a separate Conditional Use Permit will be applied with the Joint Parking and Access Use Agreement with the neighbor. A parking lot remodel permit will apply also. The day-care will be the primary use with secondary office use not providing on -site customer r_ 4) service. The proposed use is consistent with the comprehensive plan. The proposed use, and E r its location, is consistent with the purpose of the zoning ordinance and the purposes of the zone district in which the use is to be located (RM zone), and that the proposed use will meet all the applicable requirements of the zoning ordinance. The use, as approved or conditionally approved, will not be significantly detrimental to the public health, safety and welfare, and to N nearby property. ti E Q r E dwudesign 14632 141h Avenue SE, Mill Creek, WA 98012 dwudesign@gmail.com (425) 512-1780 r r Q Packet Pg. 31 1.i CITY OF EDMONDS nn BuildingPermit.com Land Use Application #1357164 - Nova Family Resources & Childcare Center Applicant First Name Last Name Company Name David Wu dwudesign Number Street Apartment or Suite Number E-mail Address 14632 14th Avenue SE dwudesign(.@_gmail.com City State Zip Phone Number Extension Mill Creek WA 98012 (425) 512-1780 Contractor Company Name Number Street City State License Number Project Location State Zip License Expiration Date Number Street 21010 76TH AVE W City Zip Code EDMONDS 98026 Associated Building Permit Number BLD2023-0750 Apartment or Suite Number Phone Number Extension UBI # E-mail Address Floor Number Suite or Room Number County Parcel Number 00614300001604 Tenant Name Nova Family Resources & Childcare Center Additional Information (i.e. equipment location or special instructions). r_ O r R v Work Location Q Q Q N Property Owner to First Name Last Name or Company Name C SKY PROPERTIES 8 LLC _J Number Street Apartment or Suite Number r 00 PO BOX 524 City State Zip E KIRKLAND WA 98083 Q Certification Statement - The applicant states: r I certify that I am the owner of this property or the owner's authorized agent. If acting as an authorized agent, I further certify that I have full power and y authority to file this application and to perform, on behalf of the owner, all acts required to enable the jurisdiction to process and review such application. I E have furnished true and correct information. I will comply with all provisions of law and ordinance governing this type of application. If the scope of work r- requires a licensed contractor to perform the work, the information will be provided prior to permit issuance. r a Date Submitted: 8/2/2023 Submitted By: David Wu Packet Pg. 32 Page 1 of 2 1.i CITY OF EDMONDS MYBuildingPerrnit.com Land Use Application #1357164 - Nova Family Resources & Childcare Center Project Contact Company Name: dwudesign Name: David Wu Email: dwudesign@gmail.com Address: 14632 14th Avenue SE Phone #: (425) 512-1780 Mill Creek WA 98012 Project Type Activity Type Scope of Work New Use Approval Conditional Use - Administrative Project Name: Nova Family Resources & Childcare Center Description of Work: Change of Use and tenant improvement Project Details Project Information Use (s) - proposed Use - existing Zoning - existing Child care and office Office RM 2.4 Packet Pg. 33 Page 2 of 2 1.j CITY OF EDMONDS 121 51h Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov PLANNING & DEVELOPMENT DEPARTMENT • PLANNING DIVISION DATE: August 8, 2023 TO: DWUDesign and Carole Harper FROM: Rose Haas, Planner `4«_� rose.haas@edmondswa.gov (425) 771-0220 (ext. 1239) RE: Complete Application - PLN2023-0050 21010 761h Ave W Joint Use Parking Agreement (Type II -A) The City of Edmonds has reviewed the application for the land use application above. Pursuant to Sections 20.02.002 and Chapter 20.30 of the Edmonds Community Development Code (ECDC), the application meets the procedural submission requirements and therefore is complete in accordance with ECDC 20.02.003. The City will issue an Updated Notice of Application pursuant to ECDC 20.03.002 within two weeks and request comments from adjacent property owners within a 300 ft radius of the subject property. The Updated Notice will also be published in the Everett Herald and posted at the Edmonds Planning & Development Department and Public Safety Building. I will also reinstall a small blue project notification sign onsite. Comments will be accepted for fourteen calendar days from the date the Notice is published. While the application is procedurally complete, you must submit required additional information and clarifications prior to continued review of the application. Please respond to each of the comments in a cover letter and by providing updated plans or other materials as necessary. Staff will contact you as our review continues if additional information is necessary: Required Parking Spaces: As per the associated building and land use permits (BLD2023-0750 and PLN2023-0038), four (4) total parking spaces must be provided through the joint use agreement. Please update your site plan to show the required four (4) spaces. Please also update the Parking and Egress Agreement with Prestige Post -Acute and Rehab Center to include (4) four parking spaces. Please be aware that a complete response to this information request must be received within 90 days or the application will lapse for lack of information (ECDC 20.02.003(D)). Packet Pg. 34 August 14, 2023 PARKING AND EGRESS AGREEMENT Prestige Post -Acute and Rehab Center and Nova Family Resource and Childcare Center, LLC. Prestige Post -Acute and Rehab Center (Prestige) will provide four (4) parking spaces to Nova Family 1.k Resource and Childcare Center, LLC. (Nova). This includes permission for Nova employees and families to walk along the Prestige property to get to the front parking lot of the Nova building. The four (4) spaces provided to Nova shall remain the property of Prestige and shall not at any time be considered a part of Nova's property. This agreement begins September 1, 2023 and will remain in effect until Prestige provides notice of a change in writing to Nova. It will be Nova's responsibility to report the change to the City of Edmonds, WA. Signed and dated: William McElya, Administrator Prestige Post -Acute and Rehab Center 21008 76t'Avenue W Edmonds, WA. 98026 425.778.0107 C/lul/0'�`-� P. l& � 3 Carole Harper, Owner Nova Family Resource and Childcare Center 21010 76" Avenue W Edmonds, WA. 98026 425.214.2493 1.1 CITY OF EDMONDS f NOTICE OF APPLICATION, SEPA DETERMINATION AND PUBLIC HEARING PROJECT DESCRIPTION: NOVA Childcare is proposing to use the location as a day-care center. The site is a split zone; Multi -family Residential (RM-2.4) and Neighborhood Business (BN). The applicant must follow criteria for both zone. PROJECT LOCATION: 21010 76t" Ave. W (Tax ID #: 00614300001604) NAME OF APPLICANT: Carole Harper (rep. DWU Design) FILE NO.: PLN2023-0038 DATE OF APPLICATION: June 15, 2023 DATE OF COMPLETENESS: July 10, 2023 DATE OF NOTICE: July 27, 2023 REQUESTED PERMITS: Conditional Use Permit —Type III-B quasi-judicial decision by Hearing Examiner OTHER REQUIRED PERMITS: Building permit (BLD2023-0750), joint use of parking agreement SEPA DETERMINATION: According to WAC 197-11-800(6), this application for a land use decision does not require a threshold determination. REQUIRED STUDIES: None at this time. EXISTING ENVIRONMENTAL DOCUMENTS: Traffic impact worksheet Packet Pg. 36 1.1 COMMENTS ON PROPOSAL DUE: August 24, 2023 INFORMATION: A hybrid public hearing will be held by the Hearing Examiner on Thursday, August 24, 2023 at 3:00 p.m. The physical location is Edmonds City Hall, 1215th Avenue N, 3rd Floor, Brackett Room. Or join the Zoom meeting at: https://edmondswa- gov.zoom.us/i/82688031743?pwd=UEROWk5hdU5DN1dRK1V3 MkR2WTRSdz09 Or via phone by dialing 253-215-8782 Meeting ID: 826 8803 1743 Password: 308007 Per ECDC 20.03, any person has the right to comment on this application during public comment period, receive notice and participate in any hearings, and request a copy of the decision on the application. The City may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit. Information on this development application is available at the City of Edmonds Planning & Development Department, 121 5th Ave North, Edmonds, WA 98020 between the hours of 10:00 A.M. and 2:00 P.M. Monday — Friday or through the City's website (https://www.edmondswa.gov/services/public involvement/p ublic notices/development notices) and search for permit PLN2023-0038. A copy of the staff report will be available at least seven days prior to the hearing date. CITY CONTACT: Rose Haas rose.haas@edmondswa.gov 425-771-0220 Packet Pg. 37 1.1 a a � ot r , 4 JOINT USE PARKING LOCATION 7 6TH AVENUE VgtfLST�`� EGRESS PATHWAY LOCATION PROJECT LOCATION Packet Pg. 38 PLK2OZ3 -out ,T Legal Invoice Sound Publishing, Inc. Unit Attn: A/R PO Box 930 Everett WA 98206-0930 Bill To: City of Edmonds Development Services Attn Debbie Rothfus 121 - 5th Ave N Edmonds WA 98020-3145 Legal Description: City Applications Desc: PLN2023-0038 NOVA CHILDCARE Ordered By: MICHELLE MARTIN Issues Ordered: 1 RECEIVED AUG 0 2 2023 DEVELOPMENT SERVICES COUNTER Date: 07/27/2023 Everett Daily Herald Customer Account #: 86031703 Legal Description: EDH981272 Legal #: EDH981272 Ad Cost: $ 92.88 Published: Everett Daily Herald Start Date: 07/27/2023 End Date: 07/27/2023 Due: $ 92.88 Please return this with payment. Questions? Call 1-800-485-4920 City of Edmonds Development Services Account #: 86031703 Attn Debbie Rothfus Invoice #: EDH981272 121 - 5th Ave N Edmonds WA 98020-3145 Due: $ 92.88 Packet Pg. 39 1.1 Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Michael Gates being first duly sworn, upon oath deposes and says: that lie/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH981272 NOVA CHILDCARE as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of I issue(s), such publication commencing on 07/27/2023 and ending on 07/27/2023 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount o the fee for s h $92.88. Subscribed and sworn t day of fore me on this ' � l Notary Public in and for the State of Washington. Oty of Edmonds D-1.1 nicnt S—i— 186031703 MICI LUE MARTIN Linda Phillips Notary Public State of Washington My Appointment Expires 8/29/2025 Commission Number = 17 Packet Pg. 40 1.1 Classified Proof CITY OF EDMONDS NOTICE OF APPLICATION, SEPA DETERMINATION AND PUBLIC HEARING PROJECT DESCRIPTION: NOVA Childcare Is proposing to use the location as a day-care center. The site is a split zone; Multi. family Residential (RM-2.4) and Neighborhood Business (BN). The applicant must follow criteria for loth zones. PROJECT LOCATION: 21010 76th Ave. W (Tax ID M 00614300001604) NAME OF APPLICANT: Carole Harper (rep. DWU Design) FILE NO.: PLN2023-OD38 DATE OF APPLICATION: June 15, 2023 DATE OF COMPLETENESS: July 10, 2023 DATE OF NOTICE: July 27, 2023 REQUESTED PERMITS: Conditional Use Permit - Type III-B quasi-judicial decision by Hearing Examiner OTHER REQUIRED PERMITS: Building permit (BLD2023-0750), Jtnl use of parking agreement A DETERMINATION: According to WAC 197-11-800(6), this application for a land use decision does not require a threshold determination. REQUIRED STUDIES: None at this time. EXISTING ENVIRONMENTAL DOCUMENTS: Traffic Impact worksheet COMMENTS ON PROPOSAL DUE: August 24, 2023 PUBLIC HEARING INFORMATION: A hybrid public hearing will be held by the Hearing Examiner on Thursday. August 24, 2023 at 3:00 Vim. The physical location Is Edmonds City Hall, 121 5lh 1Tvenue N, 3rd Floor, Brackett Room. Or join the zoom meeting at: httpsJ/edmondswagov.zoom.us/t182688031743?p%vd=U EROW k5 hdU5DN1dRKi V3MkR2WTRSdzOg Or via phone by dialing 253.215.8782 Meeting ID' 826 8803 1743 Passworo: 3D8007 Per ECDC 20.03, any person has the right to comment on this application during public comment period, receive notice and In. In any hearings.. and request a copy of the decision on the appkc.don. The City may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit. Information on this development application is available at the City of Edmonds Planning & Development Department, 121 51I1 Ave North, Edmonds, WA 98020 between the hours of 10:00 A.M. and 2:00 P.M. Monday - Friday or through the City's webslte (https:Nwww edmondswa.gov/services/publlcinvoNement/publlcnofi ces/developme ntnotices) and search for permit PLN2023-0038. A copy of the staff report will be available at least seven days prior to the hearing dale. CITY CO TACT: Rose Haas rose.haas edmondswa.gov 425-771-0 20 Published: July 27, 2023. EDH981272 Proofed by Pospical, Randie, 07/28/2023 02:52:02 pm Page: 2 Packet Pg. 41 t� 1.1 File No.: PLN2023-0038 Applicant: Carole Harper, NOVA Childcare, Daycare Use and Public Hearing DECLARATION OF MAILING On the 27th day of July 2023, the attached Notice of Application was mailed by the City as prescribed by Ordinance to property owners within 300 feet of the site that is the subject of this application. I, Rose Haas, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 27th day of July 2023, at Edmonds, Washington. Signed: Rose Haas, Planner Packet Pg. 43 1.m CITY OF EDMONDS UPDATED NOTICE OF APPLICATION, SEPA DETERMINATION AND PUBLIC HEARING `,,.i `v PROJECT DESCRIPTION: NOVA Childcare is requesting approval of a conditional use permit (CUP) and joint use of parking agreement to allow the operation of a day-care center. The site is split between two zoning districts - Multi -family Residential (RM-2.4) and Neighborhood Business (BN) — and must follow criteria for both zones. The proposed use would require 11 total parking spaces, which the applicant is proposing to achieve through a combination of on -site parking and a joint use parking agreement with the adjacent Prestige Post -Acute Rehab Center at 21008 76th Ave W. The City previously issued a combined notice of application, public hearing, and SEPA determination for the CUP application on July 27, 2023. This updated notice covers both the CUP and joint use of parking agreement, which the applicant has requested be reviewed through a consolidated Type III-B review process, per ECDC 20.01.002. The public may comment on both land use applications through August 24, 2023. PROJECT LOCATION: 21010 76th Ave. W (Tax ID #: 00614300001604) NAME OF APPLICANT: Carole Harper (rep. DWU Design) FILE NO.: PLN2023-0038 (CUP) and PLN2023-0050 (Joint Use of Parking) DATE OF APPLICATION: June 15, 2023 (CUP) and August 8, 2023 (Joint Use of Parking) DATE OF COMPLETENESS: July 10, 2023 (CUP) and August 8, 2023 (Joint Use of Parking) DATE OF NOTICE: August 10, 2023 REQUESTED PERMITS: Conditional Use Permit —Type III-B quasi-judicial decision by Hearing Examiner: Joint Use Parking Permit —Type II decision reviewed by Hearing Examiner through consolidated review process. OTHER REQUIRED PERMITS: Building permit (BLD2023-0750) Packet Pg. 44 1.m SEPA DETERMINATION: Per WAC 197-11-800(6), this application for a minor land use decision is exempt from SEPA and does not require a threshold determination. REQUIRED STUDIES: None at this time. EXISTING ENVIRONMENTAL DOCUMENTS: Traffic impact worksheet COMMENTS ON PROPOSAL DUE: August 24, 2023 PUBLIC HEARING INFORMATION: A hybrid public hearing will be held by the Hearing Examiner on Thursday, August 24, 2023 at 3:00 p.m. The physical location is Edmonds City Hall, 121 5th Avenue N, 3rd Floor, Brackett Room. Or join the Zoom meeting at: https://edmondswa- gov.zoom.us/i/82688031743?pwd=UEROWk5hdU5DN1dRK1V3Mk R2WTRSdz09 Or via phone by dialing 253-215-8782 Meeting ID: 826 8803 1743 Password: 308007 Per ECDC 20.03, any person has the right to comment on this application during public comment period, receive notice and participate in any hearings, and request a copy of the decision on the application. The City may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit. Information on this development application is available at the City of Edmonds Planning & Development Department, 121 5th Ave North, Edmonds, WA 98020 between the hours of 10:00 A.M. and 2:00 P.M. Monday — Friday or through the City's website (https://www.edmondswa.gov/services/public involvement/publi c notices/development notices) and search for permit PLN2023- 0038. A copy of the staff report will be available at least seven days prior to the hearing date. CITY CONTACT: Rose Haas rose. haas@edmondswa.gov, 425-771-0220 Packet Pg. 45 1.m 4 .mot a w rt 7 v � LAOA d � U i 44.' `- 76TH AVENUE WEST 4 JOINT USE-] EGRESS PARKING PATHWAY LOCATION LOCATION PROJECT LOCATION Packet Pg. 46 1.m Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Michael Gates being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH982096 NOVA CHILDCARE as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of t issue(s), such publication commencing on 08/10/2023 and ending on 08/10/2023 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount the fee fors ell publication $122.12. Subscribed and sworn �L— day of r-,Ze%2_ 3 bef e on this i Not y Public in and for the State of Washington. City of Edmunds r—I.pmcm Sov s 186031703 MICHULL• MAR IN Linda Phillips Notary Public State of Washington My Appointment Expires 812ff-2025 Commission Number 4417 Packet Pg. 47 1.m Classified Proof CITY OF EDMONDS 0 UPDATED NOTICE OF APPLICATION, SEPA DETERMINATION N AND PUBLIC HEARING PROJECT DESCRIPTION: NOVA Childcare is 2 requesting approval of a condilional use permit (CUP) and joint use of parking agreement to allow the operation of a day-care center. The site is spld between two zoning dhstricls - Multi-famlly Residential (RM-2.4) and Neighborhood Business (BN) - and must folio '— criteria for both zones. The proposed use would require 11 total ly parking spaces, which the applicant is proposing to achieve to through a combination of on -site parking and a joint use parking agreement with the adjacent Prestige Post -Acute Rehab Center at 21008 76th Ave W. (y The City previously issued a combined notice of appllcallon, L public hearing, and SEPA determination for the CUP application 1t5 on July 27, 2023. This updated notice covers both the CUP and 0 joint use of parking agreement, which the applicant has i+ requested be reviewed through a consolidated Type 111-B review 1C process, per ECDC 20.01.002. The public may comment on both land use applications through August 24, 2023. r PROJECT LOCATION: 21010 76th Ave. W NAME OF APPLICANT: Carola Harper (rep. DWU Design) to FILE NO.: PLN2023-0038 (CUP) and PLN2023.0050 (Joint Use of O Parking) O DATE OF APPLICATION: June 15, 2023 (CUP) and August 8. 2023 (Joint Use Of Parking) N DATE OF COMPLETENESS: July 10, 2023 (CUP) and August 8, O 2023 (Joint Use of Parking) DATE OF NOTICE: August 10, 2023 N REQUESTED PERMITS: Conditional Use Permit - Type III-B Z quasi-judicial decision by Hearing Examiner: Joint Use Parking J Permit - Type 11 decision reviewed by Hearing Examiner through IZ consolidated review process OTHER REQUIRED PERMITS Building permit (BLD2023-0750) 'a SEPA DETERMINATION: Per WAC 197-11.800(6), this application for a minor land use decision is exempt from SEPA and does not (� require a threshold determination. O REQUIRED STUDIES: None at this time. M EXISTING ENVIRONMENTAL DOCUMENTS: Traffic impact worksheet O COMMENTS ON PROPOSAL DUE: August 24, 2023 O PUBLIC HEARING INFORMATION: A hybrid public heating will IV C7 held by the Hearing Examiner on Thursday August 24 2023 at N 3:00 tom. The physical location Is Edmonds City Hall, 121 5th O Avenue N. 3rd Floor, Brackett Room. N Orjoin the Zoom meetingat: Z https://edmondswagov.zoom.us/y82688031743?pwd=UEROWk5 hdU5DN1dRK1V3MkR2WTRSdzO9 J Or ova phone by dialing 253.215.8782 11 Meeting 10: 826 8803 1743 .... Password: 308007 Per ECDC 20.03, any person has the right to comment on this a3 application during public comment perlod, receive notice and C participate in any hearings, and request a copy of the decision on •L the application. The City may accept public cornments at any time prior to the closing of the record of an open record predeclsion � hearing, if any, or, If no open record predecision hearing Is = provided, prior to the decision on the project permit Information on this development application is available at the City fi of Edmonds Planning 8 Development Department, 121 5th Ave North, Edmonds, WA 98020 between the hours of 10:00 A.M. and 2,00 P.M. Monday - Friday or through the City's webslte � (https)/vtww.edmondswa.gov/services/publicinvoNementipublicnoti a ces/developmentnotices) and search for permit PLN2023-0038. A copy of the staff report will be available at least seven days prior to -a the hearing date. CITY CONTACT: Rose Haas rose.haas edmondswa.gov 425-771-01 20 C Published: August 10. 2023. EDH982096 0 1C V Proofed by Phillips, Linda, 08/10/2023 09:37:00 am Q Q a 4- 0 (D f) 0 Z ry W m N C (D E t 0 R r Q r C d E t t'age: 2 r a Packet Pg. 48 1.m File No.: PLN2023-0038 and PLN2023-0050 Applicant: Carole Harper, NOVA Childcare, Daycare Use and Public Hearing and Joint Parking Agreement DECLARATION OF MAILING On the 1 Oth day of August 2023, the attached Notice of Application was mailed by the City as prescribed by Ordinance to property owners within 300 feet of the site that is the subject of this application. I, Rose Haas, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this loth day of August 2023, at Edmonds, Washington. Signed: Rose Haas, Planner Packet Pg. 49 i 1 1.-4d. 21000 NOTICE PENDING LAND USE ACTION Qw • FOR INFORMATION CONTACT; City -of Edmonds Planning Division J425} 771-0220 • www.edmondswa-gov • 121 51h Ave North EdrrKx s Uva 98020 WA4RWIG- Tw sw ai, moktw, *4nx7prr. armmv kris # mmvw d.* es a m ea�pr 5y&te andaApi xa - j �/. A. �• '+ "��- F a';� lip ` �' +4. J - a.� - 1.n From: Haas, Rose To: Jeff Waldron Subject: RE: NOVA Childcare Conditional use permit Date: Tuesday, August 15, 2023 5:12:00 PM Attachments: PLN2023-0038 MATED NoA. PH and SEPA determination - post & mail.pdf Mr. Waldron, Thank you for the comment regarding the Conditional Use Permits PLN2023-0038 and PLN2023- 0050. You are now a party of record to the project, will receive a copy of the Hearing Examiner decision, and will have the right to appeal that decision if you find necessary. A hybrid public hearing will take place on August 24th at 3pm (Notice attached as reference), where you are welcome to voice your concerns to the Hearing Examiner. Prestige Care Skilled Nursing Facility was permitted through land use permits PLN2013-0075 and PLN2013-0076 in 2014 and met all applicable zoning and development standards. Edmonds Community Development Code (ECDC) 17.50.020(A)(3), requires one parking space per three beds at skilled care facilities. The Prestige facility, at the time of permitting, had 80 beds, which require 27 parking spaces. Currently, a total of 59 parking spaces exist at the Prestige site. Per zoning and development regulations, Prestige has adequate parking facilities to participate in a joint -parking agreement with NOVA Childcare. Please let me know if you have further questions and/or comments. Thank you, Rose Haas I Planner Planning & Development Department City of Edmonds, WA Desk (425) 771-0220, ext. 1239 1 Mobile (425) 758-1058 The Permit Center is open M-F 8:00om to 4:30pm for Telephone and Digital access. In -Person walk-in service is currently available M-F 10:00am to 2:00pm For general service: Phone / 425.771.0220 Email / devserv.adminra)edmondswa.aoov From: Jeff Waldron <jeff@axisptinc.com> Sent: Tuesday, August 15, 2023 3:40 PM To: Haas, Rose <rose.haas@edmondswa.gov> Subject: NOVA Childcare Conditional use permit Hello Rose, I received the project description for NOVA CHILDCARE on 21010 76th Ave W. I have a few concerns with being a building and business owner across the street. It appears that they do not have enough parking and are planning on using a combination of onsite parking with adjacent Prestige Post -Acute Packet Pg. 51 1.n Rehab Center. The problem I have with this is that Prestige currently does not have enough parking to satisfy parking for their employees and people using their facility. They are frequently parking in my parking lot across the street and disrupting my business. If they cannot meet their own needs how are they going to give additional parking to NOVA CHILDCARE?! I hope these concerns are taken into place we considering this permit. Thank you, Jeff Waldron, DPT, OCS, COMT, FIT, CEO Axis Physical Therapy, Inc. 425-672-2910 IMPORTANT/CONFIDENTIAL: The information contained in this e-mail message and any attachments accompanying it may be privileged, confidential and protected from disclosure. The information is intended only for the use of the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any. Packet Pg. 52 1.0 `nC. 1 09M CITY OF EDMONDS 121 5th Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov PLANNING AND DEVELOPMENT DEPARTMENT • PLANNING DIVISION DATE: July 18, 2023 TO: DWU Design; Carole Harper FROM: Rose Haas, Planner rose.haas@edmondswa.gov (425) 771-0220, ext. 1239 RE: Planning Comments 1 - Plan Check BLD2023-0750 21010 76th Ave W Change of Use — Day-care and office use On behalf of the Planning Division, I have reviewed the above building permit application. During review, it was found that the following information, corrections, or clarifications need to be addressed. Please respond to the following items, so that review may continue: 1) Parking Requirements: 11 total parking spaces will be required. According to floor plans discussed as part of the Development Review Committee on June 1, 2023 (DRC2023-0023), out of the 4,036 square feet of leasable building space, 3,044 square feet would be used as day-care and associated use, and 1,019 square feet would be used as office space not providing on -site customer service. The floor plans are below. Therefore, per ECDC 17.50.020(C)(8), 10 parking spaces would be required for childcare use and 1 parking space would be required for office space not providing on -site customer service, per ECDC 17.50.020(B)(6). Please verify that this information is correct and update the Notes section on your site plan. The Engineering department may have additional comments regarding parking requirements. Packet Pg. 53 1.0 •e: OFFICE EMPLOYEE Mental healt:2 LLNCHROOM coon se l'ng '�I ass [oom (+ cam OFFICE STINI IG 1�1'� Family Visitat' [gI �LDINC G, 1^\ "0 r.c Rosin FIELD IIFY) 1 \ n IIII IIII�."� VERIFY) � Mnis 7. I[L' �FFICF OF111F 1F11F Oecupa[ oval The Family Visitation ATHR`OM/pI Roomly Room ( a EXISTING / UPPER FLOOR PLAN (FOR REFERENCE ONLY) NO WORK EXCEPT PROVIDE SMOKE AND CARBON MONOXIDE ALARM & EXIT SIGN AS SHOWN Floor plan usage for parking requirements —supplied by applicant as part of DRC2O23-0023 2) Additional Conditional Use Permit required: Thank you for applying for the Conditional Use Permit for day-care use (PLN2023-0038). In addition, please apply for a Conditional Use Permit for the joint parking usage. The Conditional Use Permit Handout is attached. Please include a criteria statement that addresses each criterion on the handout (See also ECDC 20.05.010). Please also include in your criteria statement the distance between shared parking stalls from the use. Per ECDC 20.30.030(F), joint parking areas must be located within 500 feet of the use which they are to serve. Please also include, as part of your application, a written consent of all owners of the affected land (ECDC 20.30.10). Please apply for the Type II decision through the MyBuildingPermit Portal. Please select: Application Type: Land Use Project Type: New Activity Type: Use Approval Scope of Work: Conditional Use —Administrative Note: Final occupancy for this Change of Use permit cannot be approved until both Conditional Use Permits have been approved. 3) Landscaping Requirements: Please include a landscaping plan prepared in accordance with ECDC Chapter 20.13. a. Type III landscaping on the north, west, and south property lines following the criteria in ECDC 20.13.030; and b. Type IV landscaping on the east property line following the criteria in ECDC 20.13.030 Packet Pg. 54 REQUIREMENTS FOR Conditional Use Permit ECDC 20.05 ..c. lb97- PERMITTING & DEVELOPMENT PLANNING DIVISION 121 5th Avenue N P: 425.771.0220 www.edmondswa.gov Depending on the request, a Conditional Use Permit application is either a Type II, Type III -A or Type III-B decision. Please refer to ECDC 20.01 or consult with the Planning Division to determine which type of permit is appropriate or if you need any other assistance during the process. CRITERIA: Per ECDC 20.05.010, a Conditional Use Permit cannot be approved unless all of the following findings can be made: Comprehensive Plan. That the proposed use is consistent with the Comprehensive Plan. 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. Not Detrimental. That the use, as approved or conditionally approved, will not be significantly detrimental to the public health, safety and welfare, or to nearby private property or improvements unless the use is a public necessity. Transferability. If a conditional use permit approved by the Hearing Examiner, the Examiner will determine whether the Conditional Use Permit is personal to the present owner of the property or be transferable. A transferable Conditional Use Permit "runs with the land" and can be transferred to any future property owner(s) as long as the conditions of the approval are still met. If the Hearing Examiner decision states the Conditional Use Permit runs with the land, the applicant may be required to record notice of this in the form of a covenant with the Snohomish County Auditor. The application 1.0 Form #P19 materials should state whether or not you would like for the Conditional Use Permit to be transferable. APPLICATION: Land use permit applications are submitted through the MyBuildingPermit portal and must include the following: Criteria Statement. A cover letter that addresses how the project meets each of the criteria of ECDC 20.05.010. Project Plans. A site plan, floor plan, or other information may be required depending on the type of conditional use permit. The Planning Division can assist with the specific requirements. Fees. See Fee Sheet. Type II, III -A, or III-B + actual cost of Hearing Examiner, as applicable. Environmental Checklist (if applicable). The requirement for an Environmental Checklist is only applicable to certain projects. Please contact the Planning Division to determine if an Environmental Checklist is required for your proposal. REVIEW PROCESSES: Type II decisions are made administratively by staff, while Type III -A and Type III-B decisions are made by the Hearing Examiner following a public hearing. Public Hearing. If your proposal is a Type III -A or III- B decision, once it has been determined that your application is complete and no additional information will be needed for completion of a staff report, your project will be assigned a date for a public hearing with the Hearing Examiner. Hearing Updated on 211712022 P Packet Pg. 55 1.0 Examiner meetings are typically held at 3:00 pm on the second and fourth Thursdays of each month in the Council Chambers, Public Safety Complex, 250 5th Ave. N., Edmonds, and are open to the public. You or your representative must appear at the hearing so the Hearing Examiner can ask questions concerning your application. Should you or your representative be unable to attend the meeting, or if you wish to withdraw your application, please notify the Planning Division in writing at least four days prior to meeting. Final Action. For Type III -A and III-B decisions, the Hearing Examiner will render a decision within ten working days following the conclusion of the hearing. The decision on a Conditional Use Permit will be final unless a written appeal is filed in a timely manner according to ECDC 20.06. Time Limit. An approved Conditional Use Permit must be acted on by the owner within one year from the date of approval or the Conditional Use Permit will expire and be null and void. The applicant may apply for one, 1-year extension but must do so prior to the original expiration date of the permit. Note: This information should not be used as a substitute for City codes and regulations The Edmonds Community Development Code (ECDC) may be viewed at www_edmondswa_gov_ The applicant is responsible for ensuring compliance with the fees and regulations that are applicable at the time of submiml_ If you have a specific question about a certain aspect of your project, please contact the Planning Division at 121 Fifth Avenue North, (425) 771-0220_ Please note that other local, stater and/or federal permits or approvals may be required_ Revised on 211712022 Page 2 of 2 Packet Pg. 56