HE Staff Report'�C. 18ym
Project:
File Number:
Date of Report:
Reviewed By:
Applicant:
CITY OF EDMONDS
121 5ch 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 76th 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).
7�
Site is split -zone and must meet criteria for both the RM and BN zones.
NOVA Conditional Use Permit
File No. PLN2023-0038 — 21010 76" Ave W
Page 1 of 10
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
Care Skilled Nursing Facility located north of the proposed land use at 21008 76th Ave W.
The joint -parking agreement is a Type II -A permit (Administrative Variance) that is being
reviewed under a consolidated process with PLN2023-0038 at the request of the
applicant, per ECDC 20.01.002 (Optional Consolidated Permit Processing).
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).
GENERAL INFORMATION:
1. Property Owner: Kim Chan Sky Properties 8 LLC
2. Applicant / Business Owner: Carole Harper; on behalf of NOVA Family Resource and
Childcare Center
3. Location: 21010 76th Ave W, Edmonds, WA 98026
4. Tax Parcel Number: 00614300001604
5. Zoning: The site is zoned Neighborhood Business (BN) and Multifamily Residential
(RM 2.4). Refer to Attachment 2 for a zoning and vicinity map.
6. Request: The applicant is seeking a CUP for a daycare center and joint use parking
with 21008 761h Ave W.
7. Review Process: PLN2023-0038 is a Type III-B permit. For CUP applications that
require a public hearing (Type III-B decision), staff reviews the proposal and makes a
recommendation to the Hearing Examiner on whether the proposal is consistent
with the CUP criteria of ECDC 20.05.010, zoning ordinance, and the City's
Comprehensive Plan. Following a public hearing, the Hearing Examiner makes the
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
clearly identified criteria, but where public notice is required (ECDC 20.01.001(A)).
Since the applicant chose to consolidate review, PLN2023-0050 will be processed
alongside PLN2023-0038 as a Type III-B permit.
8. Compliance Review:
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
Page 2 of 10
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.
FAUaI W-A I Wi! Will a LTA I k a IF -A 19
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).
III. 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.
NOVA Conditional Use Permit
File No. PLN2023-0038 — 21010 76' Ave W
Page 3 of 10
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
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
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
multi -family development.
NOVA Conditional Use Permit
File No. PLN2023-0038 — 21010 76' Ave W
Page 4 of 10
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
Plan designation. The site is currently developed and has been providing a mix of uses.
With approval, the daycare center will continue to provide the surrounding
neighborhood with a mix of services. The zoning designations are what implement the
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
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
BLD2023-0750, the site must meet applicable landscaping requirements and parking
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 76' Ave W
Page 5 of 10
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.
NOVA Conditional Use Permit
File No. PLN2023-0038 — 21010 76' Ave W
Page 6 of 10
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 761" 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.
IX. 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
Page 7 of 10
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.
NOVA Conditional Use Permit
File No. PLN2023-0038 — 21010 76' Ave W
Page 8 of 10
X. 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.
XI. 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
subject to the applicable requirements in the Edmonds Community Development
Code. It is the responsibility of the applicant to ensure compliance with the various
provisions contained in the ordinances.
2. The applicant is responsible for seeking and obtaining all required local, state and/or
federal permits or approvals applicable to the proposal.
3. The applicant must provide the City with a covenant conveying a nonrevocable
parking easement at 21008 761" Ave W for the life of the applicant's use and record
the covenant with the Snohomish County Auditor.
4. The CUP shall be personal to NOVA Family Resource and Childcare Center.
XII. RECONSIDERATION
According to ECDC 20.06.140, a party of record may submit a request to reconsider a
Type III-B decision to the Development Services Director within 10 days after the date of
issuance of the decision. The request must be made in writing and include all required
information stated in ECDC 20.06.140(D) as well as the applicable fee.
XIII. APPEAL
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
Page 9 of 10
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
NOVA Conditional Use Permit
File No. PLN2023-0038 — 21010 76' Ave W
Page 10 of 10