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2024-10-24 Hearing Examiner Packet41 OE LUMG do Agenda Edmonds Hearing Examiner REGULAR MEETING BRACKETT ROOM 121 5TH AVE N, CITY HALL - 3RD FLOOR, EDMONDS, WA 98020 OCTOBER 24, 2024, 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 EROWk5hdU5DN1dRK1V3MkR2WTRSdzO9 Passcode: 308007 Or join by phone: 253 215 8782 1. CALL TO ORDER 2. APPROVED MINUTES 3. PUBLIC PORTION A. HEARING MATERIALS 1. Firdale Village Daycase Conditional Use Permit B. PUBLIC COMMENT 4. ADJOURNMENT Edmonds Hearing Examiner Agenda October 24, 2024 Page 1 Hearing Examiner Agenda Item Meeting Date: 10/24/2024 Firdale Village Daycare Conditional Use Permit (PLN2024-0052) Staff Lead: Tristan Sewell Department: Planning Division Prepared By: Michael Clugston Background/History This is a new application. Staff Recommendation Approve the proposed daycare use as described in the attached staff report and five attachments. Narrative Jesse Binford of BC Investigative Engineers applied for a conditional use permit pursuant to Edmonds Community Development Code Chapter 20.05 to expand the space of the existing daycare center at Firdale Village. The Firdale Village Mixed Use zone (FVMU) conditionally permits daycare centers in both districts (ECDC 16.100.030). The existing daycare center predates the rezoning of this property to FVMU, but expansion of a legal nonconforming use requires a conditional use permit (ECDC 17.40.010(D)). Attachments: PLN2024-0052 Staff Report w. Attachments Packet Pg. 2 1.a OF ED&O CITY OF EDMONDS "C 121 51h Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov PLANNING AND DEVELOPMENT DEPARTMENT • PLANNING DIVISION r��. 1890 CONDITIONAL USE PERMIT STAFF FINDINGS AND RECOMMENDATIONS Project: Firdale Village Daycare File Number: PLN2024-0052 Date of Report: October 16, 2024 From: Tristan Sewell, Planner Proposal: Expansion of a legal nonconforming daycare center into new space I. SUMMARY OF PROPOSED ACTION Jesse Binford of BC Investigative Engineers applied for a conditional use permit pursuant to Edmonds Community Development Code Chapter 20.05 to expand the space of the existing daycare center at Firdale Village. The Firdale Village Mixed Use zone (FVMU) conditionally permits daycare centers in both districts (ECDC 16.100.030). The existing daycare center predates the rezoning of this property to FVMU, but expansion of a legal nonconforming use requires a conditional use permit (ECDC 17.40.010(D). II. GENERAL INFORMATION 1. Owner: Firdale Associates LLC 2. Applicant: Jesse Binford 3. Tax Parcel Number: 00434206702500 4. Location: 9617 Firdale Ave. 5. Zoning: Firdale Village Mixed Use (FVMU) 6. Existing Use: Currently vacant. The subject building was recently restored after a fire 7. Proposed Use: The applicant proposes to expand operations of a legal nonconforming daycare center into a new space. 8. Review Process: A conditional use permit is a Type III -A decision by the Hearing Examiner following a public hearing. P` Packet Pg. 3 File No. PLN2024-0052 Conditional Use Permit Firdale Village Daycare Center III. APPLICATION MATERIALS The City received the application on June 24, 2024 (Attachment 1). Staff deemed the application complete pursuant to ECDC 20.02.003 on July 1, 2024 (Attachment 2). IV. SEPA THRESHOLD DETERMINATION Review under the State Environmental Policy Act (SEPA) is not required with this application. WAC 197-11-800(6)(e) exempts land use decisions like variances, which are based on special circumstances with the property. V. NEIGHBORHOOD CHARACTERISTICS The subject site is uniquely zoned Firdale Village Mixed Use (FVMU). Multifamily Residential (RM-1.5) neighbor the subject lot to the east, with all other sides zoned Single -Family Residential (RS-8). The only exception is to the immediate south, across the county line in Shoreline, which is likewise developed as single-family homes. VI. COMPREHENSIVE PLAN The City considered the goals and policies of the Comprehensive Plan when crafting the Firdale Village Mixed Use zone (ECDC 23.40.000(B)). The Comprehensive Plan designates this site "Neighborhood Commercial", listing the following goals and policies E applicable to this proposal: a 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. Page 2 of 7 Packet Pg. 4 File No. PLN2024-0052 Conditional Use Permit Firdale Village Daycare Center A.4 The design and location of all commercial sites should provide for convenient and 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. Commercial Development Goal C. Neighborhood Commercial areas are intended to provide a mix of services, shopping, gathering places, office space, and housing for local neighborhoods. The scale of development and intensity of uses should provide a middle ground between the more intense commercial uses of the Highway 99 Corridor/ Medical area and the Downtown Activity Area. Historically, many of the neighborhood commercial areas in Edmonds have developed as classically auto -oriented commercial "strip malls" with one- and two-story developments primarily including retail and service uses. Throughout the region, neighborhood L commercial areas are departing from this historical model by being redeveloped as appealing mixed -use clusters, providing attractive new pedestrian -oriented development c that expands the uses and services available to local residents. C.1 Neighborhood commercial development should be located at major arterial intersections and should be designed to minimize interference with through a 3 traffic. C.2 Permit uses in neighborhood commercial areas that are intended to serve the local neighborhood. Mixed use development should be encouraged within neighborhood commercial areas. C.3 Provide for transit and pedestrian access, with the provision of facilities for local automobile traffic. Provide for pedestrian connections to nearby residential neighborhoods. C.4 Allow a variety of architectural styles while encouraging public art and sustainable development practices that support pedestrian activity and provide for appealing gathering places. C.5 Significant attention should be paid to the design of ground level commercial spaces, which must accommodate a variety of commercial uses, have street -level entrances, and storefront facades that are dominated by transparent windows. Page 3 of 7 Packet Pg. 5 File No. PLN2024-0052 Conditional Use Permit Firdale Village Daycare Center C.6 Encourage neighborhood commercial areas to reflect the identity and character of individual neighborhoods, thus are strengthening their importance as neighborhood centers. Neighborhood commercial areas may set additional specific goals for their community in order to further refine the specific identity they wish to achieve. Goals and policies for specific neighborhood centers are detailed below. C.6.b. Firdale Village C.6.a.i In the Firdale Village commercial area, development should include an attractive mix of uses that create a "neighborhood village" pedestrian -oriented environment. Commercial spaces shall be oriented toward the street in order to maximize visibility, and parking should be primarily accommodated either behind or underneath structures. C.6.a.ii Development shall not be more than four stories in height, and the design should focus on breaking up the mass and bulk of buildings by incorporating such features as setbacks, varying rooflines, and landscaping into the design of the site. The mix of uses should include not less than one quarter a commercial space. VII. APPLICABLE CODES 1. ECDC 16.100 (Firdale Village Mixed Use Zone) Chapter 16.100 of the Edmonds Community Development Code frames the review of development in the FVMU zone. This zone intends to create a vibrant neighborhood village form of development that contributes to the vitality of the neighborhood. ECDC 16.100.030(A) conditionally permits daycare centers within either district onsite. Staff reviewed the proposal for compliance with the site development standards of ECDC 16.100.040 during the approved building permit (#BLD2022- 1181). 2. ECDC 20.05 (Conditional Use Permits) Chapter 20.05 establishes the processes and criteria used to review conditional use permit applications. Conditional use permits are Type III -A permits reviewed by the Hearing Examiner following a public hearing in accordance with the permit table in ECDC Page 4 of 7 Packet Pg. 6 File No. PLN2024-0052 Conditional Use Permit Firdale Village Daycare Center 20.01.003. Applications for a conditional use permit must demonstrate how the following findings in ECDC 20.05.010 can be made: A. That the proposed use is consistent with the comprehensive plan. Staff Analysis: The preexisting Firdale Village site serves Edmonds' Firdale neighborhood and surrounding areas of Shoreline. The proposal includes no rezoning or major redevelopment. The project expands an existing use on an established mixed -use site, after the restoration of a legal nonconforming structure after a fire, pursuant to ECDC 17.40.020(F). Review of the associated restoration and tenant improvement occurred under permits BLD2022-1181, BLD2024-0227, and BLD2024-0227. Staff approved the restoration of the structure after review for compliance with the zone - specific design requirements of Chapter 22.100 ECDC. The proposed use is oriented toward the street and increases the pedestrian presence of o the onsite daycare center. Daycares constitute a valuable neighborhood resource for a residents of Firdale. The City classifies Firdale Ave/244th St. SW as an arterial, which has a Community Transit stop located adjacent to the subject parcel. Engineering reviewed m traffic impacts in the associated building permits. The permits issued for the restoration of the legal nonconforming building and necessary change of use and tenant improvements after the fire approved of a convenient and safe design within that context. With these considerations, staff finds this criterion met. ea B. Zoning, Ordinance. That the proposed use, and its location, is consistent with the a 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 c a zoning ordinance. N Staff Analysis: ECDC 16.100.030(A) conditionally permits daycare centers in the Firdale Village Mixed Use zone. Expansion of this legal nonconforming uses therefore requires a new conditional use permit (ECDC 17.40.010(D)). Review of the associated building permits included application of the site development (ECDC 16.100.040) and design standards (Ch. 22.100 ECDC). Staff finds the proposal meets this criterion. 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. Staff Analysis: As the zone conditionally permits the proposed use and review of this and other associated permit applications involves review for compliance with applicable regulations, no significant detriment should result. If approved, the proposed daycare center would be held to the property performance standards of Chapter 17.60 ECDC and Page 5 of 7 Packet Pg. 7 File No. PLN2024-0052 Conditional Use Permit Firdale Village Daycare Center applicable regulations of the Edmonds Ci . Code (ECC). As such, staff finds this criterion met. D. Trans erabiliLv. 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. Staff Analysis: The applicant requested no transferability. Therefore, staff finds this criterion inapplicable. VIII. TECHNICAL REVIEW The Building and Engineering Divisions and Fire District No. 1 reviewed and evaluated the associated building permits for the restoration, change of use, and tenant improvement. These divisions issued no further comments on the conditional use permit. At time of issuance of this staff report, the City has issued all associated building permits. IX. PUBLIC COMMENTS rn c In accordance with ECDC 20.03, staff mailed a Notice of Application dated July 12th, as 2024, with a comment period ending at 4:30 p.m. on July 26th, 2024, to property owners a and taxpayers within 300 feet of the subject site. Staff posted copies of the Notice onsite, a at the Public Safety Complex, Planning & Development Department, and on the City 3 website on July 12th, 2024. The Everett Herald published the notice at staff s request on a July 12th, 2024. All public notice materials, including the notice of application, declarations of mailing and posting, and an affidavit of publication are included as Attachment 5. See Attachment 6 for unabridged public comments. All commenters are Parties of Record pursuant to ECDC 20.03.003(C)(1)(D); see Section XIII of this report. Staff received one comment from Jim and Char Kennedy. Primary concerns included noise, but also onsite safety in the parking lot. The proposed use would remain subject to Chapter 5.30 ECC. However, unamplified human voices are exempt Edmonds' noise code except for public disturbances as defined by Section 5.30.130 ECC. Engineering addressed safety concerns in review of the associated building permits. X. CONCLUSION As analyzed above, the proposed daycare center expansion complies with the criteria of ECDC 20.05.010. As such, staff recommends approval of this conditional use permit. Page 6 of 7 Packet Pg. 8 File No. PLN2024-0052 Conditional Use Permit Firdale Village Daycare Center XI. RECOMMENDATION Based on the facts, conclusions, and attachments to this report, staff recommends approval of the conditional use permit for expansion of the existing legal nonconforming daycare center. XII. APPEALS Type III -A decisions are not administratively appealable. The Hearing Examiner's final decision on the application may be appealed by commencing a land use petition in Snohomish County superior court consistent with Chapter 36.70C RCW (ECDC 20.06.150). XIII. PARTIES OF RECORD City of Edmonds Jesse Binford 121 5th Ave. N BC Investigative Engineers Edmonds, WA 98020 3605 C St. NE Auburn, WA 98002 XIV. ATTACHMENTS: 1. Application Materials 2. Determination of Completeness 3. Public Notice Materials 4. Public Comments 5. Engineering Compliance Memorandum Jim and Char Kennedy 9624 242nd Pl. SW Edmonds, WA 98020 Page 7 of 7 Packet Pg. 9 1.a CITY OF EDMONDS MyBuildingPermit.com Land Use Application #1505176 - Firdale Village DayCare Condition Use Applicant First Name Last Name Company Name Jesse Binford BC Investigative Enqineers Number Street Apartment or Suite Number E-mail Address 34 37th St NE jbinford(�Dbcie.net City State Zip Phone Number Extension Auburn WA 98002 (253) 833-5557 Contractor Company Name Number Street City State License Number Project Location State Zip License Expiration Date Number Street 9627 FIRDALE AVE City Zip Code EDMONDS 98020 Associated Building Permit Number BLD2024-0227 Additional Information (i.e. equipment location or special instructions). Work Location Property Owner First Name Apartment or Suite Number Phone Number Extension UBI # E-mail Address County Parcel Number 00449900000100 Tenant Name Vacant Last Name or Company Name FIRDALE ASSOCIATES LLC Floor Number Suite or Room Number Main Floor & none Number Street Apartment or Suite Number 9500 ROOSEVELT WAY NE 100 City State Zip SEATTLE WA 98115 Certification Statement - The applicant states: 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 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. 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 requires a licensed contractor to perform the work, the information will be provided prior to permit issuance. Date Submitted: 6/17/2024 Submitted By: Jesse Binford a� IL m N �a 0 r =a _ O U m w V R tv /y L LL to r _ d s R Q 3 O a Q tE r co N LO O O v N O N Z J a. y.i _ m E t V c� Q Packet Pg. 10 Page 1 of 2 1.a CITY OF EDMONDS MyBuildingPermit.com Land Use Application #1505176 - Firdale Village DayCare Condition Use Project Contact Company Name: BC Investigative Engineers Name: Jesse Binford Email: jbinford@bcie.net Address: 34 37th St NE Phone #: (253) 833-5557 Auburn WA 98002 Project Type New Activity Type Use Approval Scope of Work Conditional Use Project Name: Firdale Village DayCare Condition Use Description of Work: Change of use to proposed Daycare at both the main and basement levels. Project Details Project Information Use (s) - proposed Day Care at Main Floor & Basement Use - existing Mini Mart at Main Floor & Business at Basement Zoning - existing FVMU Primary Use Other Packet Pg. 11 Page 2 of 2 1.a (E) SOG FOR (E) HVAC :ONC WG LANDING W/ MF MAIN FLOOR PLAN d WALE: 1/8'=I'-O' 3437STNE AUBURN, WA. 98002 INVESTIGATIVE DESIGNED BY JB APPROVED BY JB FOR: GOLDEN COAST CONSTRUCTION & RESTORA TION TITLE: FIRDALE DA YCARE TI 9617 FIRDALE A VE DRA WN BY cc DATE Os-17 24 www.bcje.net BCENGINEERS LLC 1201 MONSTER RD SW, STE 320 EDMONDS, WA 98020 253.8� 309(F) CHECKED BY DC SCALE. 1is�=1 o° RENTON, WA 98057 RESPONSIVE • ACCURATE • THOROUGH 1.888.335.5557(T) CAUSE & ORIGIN • DUE DILIGENCE s RESTORATIONDESIGN s EXPERT WITNESS s ACCIDENT INVESTIGATION* SEISMIC HAZARD ASSESSMENT s STRUCTURAL CONSULTING SHEET 2 JOB NO. 21004-01) Packet Pg. 12 1.a PARTIAL BASEMENT FLOOR PLAN a SCALE: 1/8' = I'-O' DESIGNED BY JB APPROVED BY JB FO R : TITLE: 3437STNE AUBURN, WA. 98002 INVESTIGATIVE BCENGINEERS LLC www.bcie.net GOLDEN COAST CONSTRUCTION & RESTORA TION 1201 MONSTER RD SW, STE 320 FIRDALE DA YCARE TI 9617 FIRDALE A VE EDMONDS, WA 98020 DRA WN B Y cc DA TE 06-17 24 25383370(' RESPONSIVE • ACCURATE • THOROUGH 1.888.335.5557(T) CHECKED BY DC SCALE. 1is=o°9° RENTON,, WA 98057 CAUSE& ORIGIN a DUE DILIGENCEs RESTORA TIONDESIGN o EXPERT WITNESS s ACCIDENT INVESTIGATION SEISMIC HAZARD ASSESSMENT • STRUCTURAL CONSULTING SHEET 3 JOB NO. 21004-01 Packet Pg. 13 1.a e1TC 01 A AI HOT SHOTS ESPRESSO i.. NOTE: THIS SITE PLAN WAS GENERATED USING WORMATION FOUND ON THE SNOHOMISH COUNTY GIS SYSTEM AND INFOF41ATION GATHERED DURING SITE VISITS. THIS SITE PLAN IS NOT TO BE CONSIDERED A SURVEY. EXISTING DRIVEWAY (E) TREES TO REMAIN - TYP EXISTING RECYLE BINS - NO MODFICIATIONS PROPOSED AREA OF PROPOSED DAYCARE UNDER PERMIT BLD2024-0221 AREA OF (N) BREEZEWAY d ENTRY (AS NOTED ) UNDER PERMIT 5LD2024-0221 DESIGNED BY JB APPROVED BY JB FOR: TITLE: SHEET INVESTIGATIVE 3437THSTNE AUBURN,we 98002 GOLDEN COAST CONSTRUCTION FIRDALE DA YCARE TI 1 www.b��e.nt BCENGINEERS DRA WN BY CC DATE 06-17-24 & RESTORA TION 9617 FIRDALE A VE LLC 1201 MONSTER RD SW, STE 320 EDMONDS, WA 98020 2538335557(0) 25383Y73os (F) CHECKED BY DC SCALE. 1 "=60'-0° RENTON, WA 98057 JOB N0. RESPONSIVE • ACCURATE • THOROUGH 1.888.3355557(T) 21004-0� CAUSE & ORIGIN • DUE DILIGENCE s RESTORATIONDESIGN s EXPERT WITNESS s ACCIDENT INVESTIGATION* SEISMIC HAZARD ASSESSMENT s STRUCTURAL CONSULTING Packet Pg. 14 1.a MyBuildingPermitxom Jurisdiction: Edmonds Project Name: Firdale Village Daycare Condition Use Application 1D: 1505176 Supplemental Name: Land Use Application If this is a new parcel or lot that does not yet have an address or a County tax account number, please describe the property and its location (otherwise, you may skip this question): n/a Please describe the project and/or proposed use(s) you are seeking approval for with this application (you can upload a more detaile file/letter later in the application, as necessary): The east end of the building is being rebuilt due to fire damage with a new tenant occupying the main & basement levels. The existing spac( used to have a mini -market (M) & 2 businesses (B) at the basement. The proposed use to provide a Day Care at both levels. Check the boxes indicating all of the related approvals you are seeking for this project (including this application). NOTE THAT A SEPARATE APPLICATION I; REQUIRED FOR EACH APPROVAL. Conditional Use Packet Pg. 15 1.a BCINVESTIGATIVE ENGINEERS, LLC RESPONSIVE • ACCURATE • THOROUGH July 11, 2024 City of Edmonds 121 5"' Ave N Edmonds, WA 98020 RE: Conditional Use Permit for Proposed Day Care, located at 9617 Firdale Ave, Edmonds, WA 98020; Associated with Permit Number BLD2024-0227; BCIE Job No. 21004-01 1. Criteria a. The proposed use of a Day Care seems consistent with the existing Comprehensive Plan. See attached narrative for explanation. b. The current zoning allows the proposed use with a conditional use permit c. The proposed use will not be significantly detrimental to the area or surrounding areas. See attached narrative for explanation. d. Applicant requests transferability of conditional use 2. Project Plans a. Floor Plans for both levels and a site plan is included with this submittal. 3. Fees a. Any associated fees for this permit will be paid by BCIE, the applicant. 4. Environmental Checklist a. N/A Respectfully, Jesse L. Binford, P.E. Principal 3605 C STREET NORTHEAST • AUBURN. WASHINGTON • 98002 OFFICE 253.833.5557 • FAX 253.833.7309 WWW.BCIE.NET Packet Pg. 16 1.a BCINVESTIGATIVE ENGINEERS,LLC RESPONSIVE • ACCURATE • THOROUGH July 10, 2024 City of Edmonds 121 5`i' Ave N Edmonds, WA 98020 RE: Conditional Use Permit Narrative for Proposed Day Care, located at 9617 Firdale Ave, Edmonds, WA 98020; Associated with Permit Number BLD2024-0227; BCIE Job No. 21004-01 The proposed day care facility is going to be the new location of an existing day care facility at the subject property. The new day care facility will provide a greater capacity for daycare to the surrounding neighborhoods, improving the overall community's livability. The proposed day care facility meets the 2020 Comprehensive Plan as required by ECDC 20.05.010(A): • Aids in sustainability and provides economic and social benefits to the community, both now and in U. the future, as daycare is needed as the workforce increases and expands to multiple wage earners within y a family of the community. c d E t • There is no detriment to the health and safety of the public and it will help to improve the welfare of the community. The daycare facility will also provide a safe place for the community's children that a are being cared for at the facility. • The daycare facility provides the community's ability to develop and enhance part of it's needs. • There will be no negative impact to the community's natural beauty and natural resources. The new construction and new use is located within an existing, developed property and within a new building. • The day care facility will not disrupt community development and will assist in reducing poor zoning practices. • The day care facility is able to provide day care needed by some of the community's public safety employees and public works employees. • The day care, in its new location is able to expand it's services and therefore, provide a more sustainable community development. 3605 C STREET NORTHEAST • AUBURN, WASHINGTON • 98002 OFFICE 253.833.5557 • FAX 253.833.7309 WWW.BCIE.NET Packet Pg. 17 BCIE Job Number 21004-01 - 2 - July 10, 2024 The proposed day care facility meets the zoning ordinances required by ECDC 20.05.010(B): • The daycare facility meets the design vision of Firdale Village. o Provides balance to commercial and residential uses. o Allows the community to sustain growth and improve welfare. o It will support both commercial, retail, and multifamily residential uses by providing those who live and work in the community with a daycare facility. o It's location is accessible by motorist, pedestrians, public transportation, and tenants within the other businesses of Firdale Village. • The daycare facility supports Firdale Village "neighborhood center" by providing daycare to commercial tenants and workers and multi -residential housing tenants who work within or close to the Firdale Village. • It enhances the Firdale Village ability to stay consistent with the City's 2020 comprehensive plan, as noted in the section above. • The daycare facility provides additional uses for the Firdale Village and much needed daycare by those who live at the multi -residential properties within the community. • The submitted building design, along with the tenant improvement, were in compliance with Firdale Village design standards per ECDC 22.100. N Please consider and approve the conditional use permit for the proposed day care facility, that serves to expand aa) the existing daycare's ability to meet the 2020 comprehensive plan and are in conformance with the zoning t ordinances for the Firdale Village. r Q Respectfully, Jesse L. Binford, P.E. Principal Packet Pg. 18 1.a BCINVESTIGATIVE ENGINEERS,LLC RESPONSIVE • ACCURATE • THOROUGH July 10, 2024 City of Edmonds 121 5`i' Ave N Edmonds, WA 98020 RE: Conditional Use Permit Narrative for Proposed Day Care, located at 9617 Firdale Ave, Edmonds, WA 98020; Associated with Permit Number BLD2024-0227; BCIE Job No. 21004-01 The proposed day care facility is going to be the new location of an existing day care facility at the subject property. The new day care facility will provide a greater capacity for daycare to the surrounding neighborhoods, improving the overall community's livability. The proposed day care facility meets the 2020 Comprehensive Plan as required by ECDC 20.05.010(A): • Aids in sustainability and provides economic and social benefits to the community, both now and in U. the future, as daycare is needed as the workforce increases and expands to multiple wage earners within y a family of the community. c d E t • There is no detriment to the health and safety of the public and it will help to improve the welfare of the community. The daycare facility will also provide a safe place for the community's children that a are being cared for at the facility. • The daycare facility provides the community's ability to develop and enhance part of it's needs. • There will be no negative impact to the community's natural beauty and natural resources. The new construction and new use is located within an existing, developed property and within a new building. • The day care facility will not disrupt community development and will assist in reducing poor zoning practices. • The day care facility is able to provide day care needed by some of the community's public safety employees and public works employees. • The day care, in its new location is able to expand it's services and therefore, provide a more sustainable community development. 3605 C STREET NORTHEAST • AUBURN, WASHINGTON • 98002 OFFICE 253.833.5557 • FAX 253.833.7309 WWW.BCIE.NET Packet Pg. 19 BCIE Job Number 21004-01 - 2 - July 10, 2024 The proposed day care facility meets the zoning ordinances required by ECDC 20.05.010(B): • The daycare facility meets the design vision of Firdale Village. o Provides balance to commercial and residential uses. o Allows the community to sustain growth and improve welfare. o It will support both commercial, retail, and multifamily residential uses by providing those who live and work in the community with a daycare facility. o It's location is accessible by motorist, pedestrians, public transportation, and tenants within the other businesses of Firdale Village. • The daycare facility supports Firdale Village "neighborhood center" by providing daycare to commercial tenants and workers and multi -residential housing tenants who work within or close to the Firdale Village. • It enhances the Firdale Village ability to stay consistent with the City's 2020 comprehensive plan, as noted in the section above. • The daycare facility provides additional uses for the Firdale Village and much needed daycare by those who live at the multi -residential properties within the community. • The submitted building design, along with the tenant improvement, were in compliance with Firdale Village design standards per ECDC 22.100. N Please consider and approve the conditional use permit for the proposed day care facility, that serves to expand aa) the existing daycare's ability to meet the 2020 comprehensive plan and are in conformance with the zoning t ordinances for the Firdale Village. r Q Respectfully, Jesse L. Binford, P.E. Principal Packet Pg. 20 1.a CITY OF EDMONDS 121 5t' Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov PLANNING & DEVELOPMENT DEPARTMENT • PLANNING DIVISION 'nC. 189., July 9, 2024 Jesse Binford, BC Investigative Engineers Via email: jbinford(a),bcie.net SUBJECT: NOTICE OF COMPLETENESS FOR YOUR CONDITIONAL USE PERMIT APPLICATION LOCATED AT 9617 FIRDALE AVE. FILE NO. PLN2024-0052 Dear Mr. Binford: Thank you for submitting your land use application for a conditional use permit for a daycare center located at 9617 Firdale Ave. on June 25th, 2024. Staff deems your application (File No. PLN2024-0052) complete pursuant to Edmonds Community Development Code (ECDC) 20.02.002. The City will issue a Notice of Application pursuant to ECDC 20.03.002 within two weeks and request comments via mail from adjacent property owners within 300 feet. The Notice will be y published in The Everett Herald and posted at City Hall, the Public Safety Building, and on the City's website. I will also install a small blue project notification sign onsite. Comments will be E accepted for fourteen days from the date the Notice is published. a However, staff requires the following additional information to continue review of the 3 application continues. This information is necessary to demonstrate compliance with the criteria c and findings of ECDC 20.05.010. Please address the following requirements so that review may begin on your conditional use application. Provide the requested information within 90 days (by October 71h, 2024), or request a one-time 90-day extension, or the application will lapse (ECDC 20.02.003(D). N )(3) Comprehensive Plan: The submitted cover letter insufficiently addresses how the proposed land use satisfies the Commercial Development Goals of the 2020 Comprehensive Plan (ECDC 20.05.010(A)). See Goals A and Con pages 69 and 70; please disregard Goal C.6.a and use C.6.b instead. Zoning Ordinance: The cover letter also should address the zoning ordinance in greater detail. Specifically, describe how the proposal fits Sections 000 and 010 of Chapter 16.100 ECDC, as required by ECDC 20.05.010(B). Page I of 2 Packet Pg. 21 1.a I will be the main staff contact for your application. If you have questions at any point during the review process, you may reach me at 425-771-0220 or via email at tristan. sewellgedmondswa. gov. Sincerely, Tristan Sewell Planner Cc: File No. PLN2024-0052 Page 2 o f 2 Packet Pg. 22 1.a CITY OF EDMONDS.`'° .....:::: NOTICE OF DEVELOPMENT APPLICATION . ...:.:.:.: . AND COMMENT PERIOD O NAME OF APPLICANT: Jesse Binford, BC Investigative Engineers DATE OF APPLICATION: 06/25/2024 DATE OF COMPLETENESS: 07/09/2024 E a� DATE OF NOTICE: 07/12/2024 N FILE NO.: PLN2024-0052 PROJECT LOCATION: 9617 Firdale Ave. PROJECT DESCRIPTION: Application for a conditional use permit to expand the existing a legal non -conforming daycare center onsite. The site is zoned U Firdale Village Mixed Use (FVMU). REQUESTED PERMIT: Conditional Use Permit - Type III-B. Information on this ca application can be viewed at the City of Edmonds Development Services Dept., 121 5` Ave. N, Edmonds, WA 98020, or on the City's Online Permits website via the QR code above. Search for PLN2024-0052. a� OTHER REQUIRED PERMITS: Tenant Improvement (BLD2024-0227) and Change of Use (BLD2024-0864) REQUIRED STUDIES: N/A EXISTING ENVIRONMENTAL CRA2022-0121 DOCUMENTS: w r a COMMENT PERIOD: Comments due by 4:30 pm on July 261", 2024. Any person has the right to comment on this application during the public comment period, receive notice and participate in any hearings, a and request a copy of the decision on the application. The City W may accept public comments at any time prior to the closing of the record of an open record pre -decision hearing, if any, or, if Cn no open record pre -decision hearing is provided, prior to the o decision on the project permit. Only parties of record as defined 9 in ECDC 20.06.020 have standing to initiate an administrative o appeal. Z J a CITY CONTACT: Tristan Sewell, Planner (425) 771-0220, Tristan. Sewell@EdmondsWA.gov PUBLISH: 07/12/2024 U f� Q Packet Pg. 23 �__- City of Edmonds PLN2024-0052 7.4026 a 24024 24025 r $ ,a v g M d o 24030 Z c a0 m rn rn a m , 24032 24031 '�24105 P '-' m4~ 24106 _ '- - �, m c '�^ 241 D4 24105 24114 241 S T P L SW a F- 241 __-_- _ - 24114 � 24115 L W 24119 - �i9713 0 24124 _ --- 9,+20L41 24123 9701 24130 tip\ ti _ - ^p P 0 24130 4129 1 24204 'jod i 9'1 242NDp�S111f 1 � 1 .1.20 42ND P 1 tom, - 1 9932 95123 1 9924 1 9919 9920 j �1 9918 4,IREF_,,16y909 •1 boy ,., _ LB 816 1 9914 f r 9A77 1 agti i a0 c I o� 1 %15 a r P �T MI �• i �2�4'FI-�F v3i1 r� HORELINE 1: 3,326 O 277.16 554.3 Feet 412.7 This ma is a user generated static output from an Internet mapping site and is 4,953 p B p pp B reference only. Data layers that appear on this map may or may not be accura SS_1984_Web-Mercator _Auxiliary -Sphere current, or otherwise reliah City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTIC Legend ReZones V PRD W RoW Comprehensive Plan G . Retail Core y IM . Arts Center Corridor <C Downtown Mixed Commercial 0 Downtown Convenience Downtown Mixed Res Downtown Master Plan LL Shoreline Commercial w C Planned Residence -Office N Single Family Urbanl ® Single Family Urbanl a Single Family Urbana 3 ® Single Family - Resource ' Single Family - MP 0 V /\CL . Multi Family - Medium Den . Multi Family - High Densi R 1 Neighborhood Commercial . Community Commercial 1Uj Z Planned -Neighborhood O ® Mixed Use Commercial � N O ® Corridor Development Z ® Edmonds Way Corridor a I-1 Medical; C m Notes t 9617 Firdale Ave Conditional Use Permit a Packet Pg. 24 1.a FILE NO.: PLN2024-0052 Applicant: Jesse Binfor, BC Investigative Engineers Notice of Application and Comment Period @ 9617 Firdale Ave DECLARATION OF MAILING On the 11th day of July, 2024 the attached Notice of Application was mailed to the City of Edmonds to property owners within 300 feet of the property that is the subject of the above - referenced application. The adjacent property owners list was provided by the applicant. I, Michelle Martin, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 11ffi day of July 2024, at Edmonds, Washington. Signed: 7&� 7&1&1, {BFP747887.DOC;1\00006.900000\ } Packet Pg. 25 1.a FILE NO.: PLN2024-0052 Applicant: Jesse Binfor, BC Investigative Engineers Notice of Application and Comment Period @ 9617 Firdale Ave DECLARATION OF POSTING On the 12th day of July 2024, the attached Notice of Application was posted onsite at the subject property, in the Planning & Development Department office, and at the City Council Chambers. I, Tristan Sewell, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 12th day of July 2024, at Edmonds, Washington. Signed ;4-4� r Q E s �a 1BFP747887.DOC;1\00006.900000\ } Packet Pg. 26 1.a 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 EDH999179 PLN2024-0052 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 07/12/2024 and ending on 07/12/2024 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for uch publication is Subscribed and sworn before me on this day of J LAA �4 Notary Public in and for the State of Washington. Cay of L•dn—d, D—I.pn—1 S--186031703 MICHULG MARTIN \��QQ�Ot�i�siI,q`� °;) pUisLIC Md;' SIN i `\C`\\\ Packet Pg. 27 1.a Classified Proof CITY OF EDMONDS NOTICE OF DEVELOPMENT APPLICATION AND COMMENT PERIOD NAME OF APPLICANT: Jesse Binford, BC Investigative Engineers DATE OF APPLICATION: 0612512024 DATE OF COMPLETENESS:07/09/2024 DATE OF NOTICE: 07/12/2024 FILE NO.: PLN2024.0052 PROJECT LOCATION: 9617 Firdale Ave. PROJECT DESCRIPTION: Application for a conditional use permit to expand the existing legal non -conforming daycare center onsite. The site Is zoned Firdale Village Mixed Use (FVMU). REQUESTED PERMIT: Conditional Use Permit - Type 111.8. Information on this application can be viewed of the City of Edmonds Development Services Dept., 121 511h Ave. N, Edmonds, WA 98020, or on the City's Online Permits website via the QR code above. Search for PLN2024-0052. OTHER REQUIRED PERMITS: Tenant Improvement (13I.132024- 0227) and Change of Use (BLD2024.0864) REQUIRED STUDIES: N/A EXISTING ENVIRONMENTAL DOCUMENTS' CRA2022.0121 COMMENT PERIOD: Comments due by 4:30 om on July 26th, 2024, Any person has the right to comment on this application during the 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 pre -decision hearing, if any, or, if no open record pre -decision hearing is provided, prior to the decision on the project permit. Only parties of record as defined in ECDC 20.06.020 have standing to ]nitrate an administrative appeal. CITY CONTACT: Tristan Sewell, Planner (425) 771-0220, Trista n.Sewell(M Edmonds WA.gov Published: July 12, 2024, EDH999179 r Q Proofed by Pospical, Randie, 07/15/2024 09:16:38 am Page: 2 Packet Pg. 28 1.a `nC. 18y1 NAME OF APPLICANT: DATE OF APPLICATION: DATE OF PUBLIC HEARING DATE OF NOTICE: FILE NO.: PROJECT LOCATION: CITY OF EDMONDS NOTICE OF PUBLIC HEARING 0' ... ........... Jesse Binford July 9, 2024 October 24, 2024 October 10, 2024 PLN2024-0052 9617 Firdale Ave. PROJECT DESCRIPTION: Application for a conditional use permit to expand an existing daycare onsite. The site is zoned Firdale Village Mixed Use (FVMU). Reviewed under the criteria of ECDC 20.05.010. REQUESTED PERMIT: Conditional Use Permit - Type III -A decision by the Hearing Examiner. View application materials on the City's website by using the QR code above or at www.EdmondsWA.gov/DevelopmentNotices, or in person at the Planning & Development Dept., 121 5t" Ave. N. OTHER REQUIRED PERMITS: Any necessary building permits EXISTING ENVIRONMENTAL CRA2022-0121 DOCUMENTS: PUBLIC HEARING: 3 pm on Thursday, October 24, 2024 Brackett Room, City Hall, 121 5th Ave. N Or join the Zoom meeting at: https://edmondswa- gov.zoom.us/j/87322872194?pwd=WFdxTWJIQmxITG9LZkc3K0 huS014QT09 Or via phone by dialing (253) 205-0468 Meeting ID: 873 2287 2194 Password: 007978 CITY CONTACT: Tristan Sewell, Planner (425) 771-0220 Tristan. Sewell@EdmondsWA.gov PUBLISH: October 10, 2024 Packet Pg. 29 1.a �__- City of Edmonds PLN2024-0052 Op 0 o\^ - rn ON rn 24, FWAU �7y r"1 - • CD Cr,00 9z F _ O V CO 00 o Oq 9 O0` M N Fq V KING COUNTY •�• SHORELINE •�. 1: 1,516 O 126.30 252.6 Feet 188.1 This ma is a user generated static output from an Internet mapping site and is fc 2,257 P � B p pp B reference only. Data layers that appear on this map may or may not be accurate VGS_1984_Web-Mercator _Auxiliary -Sphere current, or otherwise reliable City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTIO1 Legend 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 13131 BD2 BD3 13134 BD5 OR WMU ® BP BN ® FVMU BC Notes 9617 Firdale Ave. Conditional Use Permit Daycare Expansion Packet Pg. 30 1 1.a File No.: PLN2024-0052 Applicant: Jesse Binford Conditional Use Permit DECLARATION OF POSTING On the loth day of October 2024, the attached Notice of Application and Request for Public Comment was posted at the subject property, Civic Hall, and Public Safety building. I, Tristan Sewell, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 1 Oth day of October 2024, at Edmonds, Washington. Signed: Packet Pg. 31 1.a File No.: PLN2024-0052 Applicant: Jesse Binford Notice of Public Hearing Conditional use Permit DECLARATION OF MAILING On the 10 day of October 2024, the attached Notice of Public Hearing 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, Heather Lakefish, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 10 day of October 2024, at Edmonds, Washington. Signed Packet Pg. 32 1.a 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: PLN2024-0052 Ordered By: MICHELLE MARTIN Issues Ordered: 1 Date: 10/10/2024 Everett Daily Herald Customer Account #: 86031703 Legal Description: EDHI003574 Legal #: EDH1003574 Ad Cost: $ 55.04 Published: Everett Daily Herald Start Date: 10/10/2024 End Date: 10/10/2024 Due: $ 55.04 Please return this with payment. Questions? Call 1-800-4854920 City of Edmonds Development Services Account #: 86031703 Attn Debbie Rothfus Invoice #: EDHI003574 121 - 5th Ave N Edmonds WA 98020-3145 Due: $ 55.04 RESFE® OCT 16 2024 DEVELOPMENT SERVICES COUNTER Packet Pg. 33 1.a 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 EDH I003574 PLN2024-0052 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 10/10/2024 and ending on 10/10/2024 and that said newspaper was regularly distributed to its subscribers during all of said period. The amour of the fee for such publication is $55.04. n /_ \\\\\\\II Subscribed and sworn before me on this ���� ���E PQSA���i day of 0l�C� 1�� E'X ���� P; .•'�issioq / ��i Q Got 1C-20-.2 F+off Cs 14 0TAi y,r D pOLIC v: ^�7er WAS V4 Illfll Notary Public in and for the State of Washington. CuyW Ed nm Wd D-d., ou Santos 196031703 M ICIIELL(: MARTIN Packet Pg. 34 1.a Classified Proof CITY OF EDMONDS NOTICE OF PUBLIC HEARING NAME OF APPLICANT: Jesse Binford DATE OF APPLICATION. July 9, 2024 DATE OF PUBLIC HEARING: October 24. 2024 GATE OF NOTICE October 10, 2024 FILE NO.: PLN2024-0052 PROJECT LOCATION: 9617 Firdale Ave. PROJECT DESCRIPTIOW Application for a conditional use permit to expend an existing daycare onsite The site is zoned Firdale Village Mixed Use (FVM U). REQUESTED PERMIT Conditional Use Permit — Typo III -A decision the Hearing Examiner Reviewed urger the criteria of ECOC, 20- 5.010 View application materials on the City's website by using the QR code above, at M nEm6WAWoFelo 1enlN Oces, or in person at the lop",immenl Ave, N. REQUIREDOTHER DOUMNTRgg s ESCEXS7 EXISTING ENVIRONMENTAL A202.0121PUBLIC HEARING. 3 pm on Thursday, October 24, 2024 Brackett Room, City Hall, 121 5lh Ave. N Or join the Zoom meeting at. https.//edn)ondswa• gov.zoom.usll/873228721949pwd=W FdxT WJIQmxITG9LZkc3 KOh uS014QT09 Or via phone by dialing (253) 205.0468 Meeting ID: 873 2287 2194 Password007978 CITY CONTACT Tristan Sewell, Planner (425)771.0220 Tristan Sewee@EdmondsWA.gov Published: October 10, 2024. EDHI003674 Proofed by Pospical, Randie, 10/10/2024 09:28:04 am Pagc: 2 Packet Pg. 35 1.a From: JIM KENNEDY To: Sewell, Tristan Cc: JIM KENNEDY Subject: Fwd: Comments regarding application file # PLN2024-052 Date: Wednesday, July 17, 2024 7:51:23 AM You don't often get email fromjcl.kennedy@comcast.net. Learn why this is important Subject: Comments regarding application file # PLN2024-052 Tristan, We are writing regarding the application file # PLN2024-052 for a conditional use permit to expand the existing legal non -conforming daycare center on site. The proposed project location is 9617 Firdale Ave. Currently, the Childrens Academy of Seattle Day care center at 9715 Firdale Ave in Firdale Village already causes loud and frequent noises above the 55CIB level in violation of city code 5.30.040. Expanding the daycare center will only increase the level and frequency of these noises. Even though the expansion proposed will be at a separate location at 9617 Firdale Ave in Firdale Village, the additional children at he expanded location will no doubt be brought to the current Childrens Academy of Seattle outdoor playground at the 9715 location several times a day. This will only increase the loud and frequent noise levels above the 55dB level and will adversely affect the livability of the residences surrounding and behind the Childrens Academy of Seattle day care location at 9715 Firdale Ave. Having this expanded location will also mean that children will most certainly be walked back and forth between the proposed 9617 location thru the Firdale Village parking lot several times a day to the playground area at the current Childrens Academy of Seattle i� 9715 location. That could be an accident waiting to happen and even the slightest r possibility should be avoided. a We are requesting that this application be denied. s We also request to receive notice of any hearings and request a copy of the decision on the a application. Q Respectfully, 3 Jim and Char Kennedy c 9624 242nd PI. SW In Edmonds, WA 98020 425-239-8823 Packet Pg. 36 1.a MEMORANDUM Date: July 12, 2024 To: Tristan Sewell, Planning Division From: Jeanie McConnell, Engineering Division Subject: PLN2024-0052 — Conditional Use Permit Firdale Village Daycare — 9617 Firdale Ave Engineering has reviewed the subject application and found the information provided is consistent with Title 18 Edmonds Community Development Code & Engineering standards. Compliance with Engineering codes and construction standards will be reviewed under separate building permits BLD2024-0027 and BLD2024-0864. The proposed daycare operation will occur within an existing shopping center. The proposed tenant space will be the new location of an existing day care facility at the subject property. No change to traffic flow through the site is proposed and parking requirements will be met through review and approval of the above noted permit applications. Thank you. City of Edmonds Packet Pg. 37