2023-08-24 Hearing Examiner Minutes1
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CITY OF EDMONDS
121 51" Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
BEFORE THE HEARING EXAMINER FOR THE CITY
OF EDMONDS
Phil Olbrechts, Hearing Examiner
RE: NOVA Family Resource and
Childcare Center
Conditional Use and Joint Use
Parking Agreement
PLN2023-0038 and PLN2023-0050
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND FINAL DECISIO
INTRODUCTION
Carole Harper on behalf of NOVA Family Resource and Childcare Center has requested
approval of a conditional use and joint use parking agreement application to operate a
daycare center and associated services in a portion of an existing 2-story building located
at 21010 76th Ave W.. The application is approved subject to conditions.
ORAL TESTIMONY
A computer -generated transcript of the hearing has been prepared to provide an overview
of the hearing testimony. The transcript is provided for informational purposes only as
Appendix A..
EXHIBITS
The following exhibit was admitted into the record during the August 24, 2023 public
hearing on the application:
Conditional Use
P. 1 Findings, Conclusions and Decision
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Exhibit 1 Staff Report dated August 17, 2023 w/14 attachments (listed on page 10
of the Staff Report)
FINDINGS OF FACT
Procedural:
1. Applicant. Carole Harper; on behalf of NOVA Family Resource and Childcare
Center, 21010 76th Ave W, Edmonds WA 98026. caroleh@novafam.org.
2. Hearing. A hearing on the subject applications was held on August 24, 2023 at 3:00
pm in the Council Chambers of the Edmonds Public Safety Complex.
Substantive:
3. Site and Proposal Description. Carole Harper on behalf of NOVA Family Resource
and Childcare Center has requested approval of a conditional use and joint use parking
agreement application to operate a daycare center and associated services in a portion of an
existing 2-story building located at 21010 76th Ave W.. The joint use parking agreement
proposes shared parking with Prestige Care Skilled Nursing Facility, located on property
adjoining to the north of the project site at 21008 76th Ave W. The existing building on site
was previously used as office space.
4. Characteristics of the Area. 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.
5. Adverse Impacts of Proposed Use. The proposal will not create any significant
adverse land use impacts.
A. Aesthetics. The proposal will not involve any exterior modifications to the building so
no aesthetic impacts are anticipated.
B. Noise. The proposal has a small outdoor play area. From the testimony the maximum
number of children who will use the facility is unclear but appears to be 14-20 children.
Given that the facility is surrounded by commercial uses on its side of 76th Ave, the
modest noise created by children outdoors is likely nominal and will not interfere with
surrounding uses. No other sources of noise are likely from the proposal.
Conditional Use
p. 2 Findings, Conclusions and Decision
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C. Critical Areas. No critical areas are located on the project site and no exterior activities
are proposed that would affect any critical area.
D. Parking. The acceptable level of available parking is set by the City's parking standards.
For daycare centers, 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 used for daycare and
1,109 square -feet would be required for office space not providing on -site customer
service. See Att. 14.
The site can only accommodate 7 parking spaces and the applicant is required to provide
11 in total. To accommodate the additional four spaces, 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 76th 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.
A public comment letter noted that the Prestige Care parking lot was already full and
could not accommodate additional parking. The Applicant and a member of the staff
testified that they have not observed the lot as too full and that the owner of the lot was
comfortable in authorizing shared parking. Given that the proposed additional parking
is consistent with the City's parking standards and that the Prestige owner likely would
not be willing to enter into a joint use agreement if that would cause problems for the
existing users of his lot, from the evidence presented it appears more likely than not that
the proposed joint use parking area can reasonably accommodate the modest number of
additional parking required of the Applicant.
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Procedural:
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CONCLUSIONS OF LAW
1. Authority of Hearing Examiner. ECDC 20.01.003 classifies conditional use
permit applications as a Type III-B review process where the hearing examiner makes a
final decision on the application after holding a public hearing. ECDC 20.30.020 provides
that the community development director makes decisions on joint use parking applications
Conditional Use
p. 3 Findings, Conclusions and Decision
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through a Type II review process. The Applicant has elected to consolidate the parking
application with the conditional use application as authorized by ECDC 20.01.0002. For
consolidated permits, ECDC 20.01.0002 requires highest number procedure to apply, which
for this project is the Type III-B review process.
Substantive:
2. Zoning Desi nag tions. The project site is in a split zone with one portion of the
site zoned Neighborhood Business (NB) and the remaining portion multi -family residential
(RM-2.4).
3. Permit Review Criteria. Conditional use permit criteria are governed by
ECDC 20.05.010 and joint use parking permit applications by ECDC 20.30.030. All
applicable criteria are quoted in italics below and applied through corresponding
conclusions of law.
ECDC 20.05.010: No conditional use permit may be approved unless all of the findings
in this section can be made.
That the proposal is consistent with the comprehensive plan.
4. The criterion is met for the reasons identified in Section VII of the staff report.
ECDC 20.05.010(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.
5. The criterion is met. The proposal meets or will meet all applicable
development standards. The proposed use is authorized outright in the BN zone and as a
conditional use in the RM-2.4 zone. Since the use is proposed for an existing building with
no exterior alterations, the proposal complies with all bulk and dimensional standards as
verified by City staff. Further verification of applicable zoning and all other development
standards will be made during building permit review. Parking standards will be met with
approval of the proposed joint use parking agreement as detailed in Finding of Fact No. 5.
The proposal also meets the purpose of the zoning code. One purpose of the BN zone is,
"To ensure compact, convenient development patterns by allowing uses that are operated
chiefly within buildings. " Additionally, pursuant to ECDC 16.40.000 the following
applicable general purposes apply to the business and commercial zones, "To provide for
areas for commercial uses offering various goods and services according to the different
geographical areas and various categories of customers they serve ", and "To require
adequate landscaping and off-street parking and loading facilities ". These objectives are
met as the proposed use provides a needed service within an existing building and adequate
Conditional Use
p. 4 Findings, Conclusions and Decision
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parking is assured via conformance to the City's parking standards. One of the purposes of
the RM zone as expressed in ECDC 16.30.00 is to "provide for those additional uses which
complement and are compatible with multiple residential uses." That purpose is served
since the project site creates no adverse impacts as outlined in Finding of Fact No. 5.
ECDC 20.05.010(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.
6. The criterion is met. As determined in Finding of Fact No. 5, the proposal will not
create any significant adverse impacts, which includes impacts to adjoining property
I16MANRM
ECDC 20.05.010(D): Transferability. The hearing examiner shall determine whether the
conditional use permit shall run with the land or shall be personal. If it runs with the land
and the hearing examiner finds it in the public interest, the hearing examiner may require
that it be recorded in the form of a covenant with the Snohomish County auditor. The
hearing examiner may also determine whether the conditional use permit may or may not
be used by a subsequent user of the same property.
7. As recommended by staff during the hearing, the conditional use permit will
run with the land and not be personal to the Applicant.
ECDC 20.30.030: Criteria [joint use parking].
F. Distance. The off-street parking facilities to be used jointly shall be located within 500
feet of the use which they are to serve.
8. The criterion is met. As indicated in the quotation above, the only express criterion
applicable to joint use parking arrangements is that the off-street parking be located within
500 feet of the project site. The proposed parking is for a parking lot adjoining the project
site with all parking spaces likely within 500 feet of the project site. That criterion is met.
DECISION
The conditional use permit and joint use parking agreement are approved subject to
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
Conditional Use
p. 5 Findings, Conclusions and Decision
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nonrevocable parking easement at 21008 76th Ave W for the life of the applicant's
use and record the covenant with the Snohomish County Auditor.
4. The CUP shall run with the land and may be used by a subsequent user of
the same property.
Dated this 7th day' of September 2023.
Phi A.Olbrechts
City of Edmonds Hearing Examiner
Appeal Right and Valuation Notices
This land use decision is final and subject to closed record appeal to the City Council as
authorized by ECDC 20.01.003. Appeals must be filed within 14 days of the issuance
of this decision as required by ECDC 20.06.030(B). Reconsideration may be requested
within 10 calendar days of issuance of this decision as required by ECDC 20.06.140.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
' Minor scrivener's errors were corrected on September 12, 2023 with removal of two typos from lines
18 and 19 of Page 4 and one on line 3 of Page 6 per a City request for clarification dated September 7,
2023. The City also believed line 15 of page 5 to contain an error. It did not. Line 15 is an ellipses
designed to identify that text of ECDC 20.30.030 has been intentionally omitted.
Conditional Use
p. 6 Findings, Conclusions and Decision