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ZoningCompliance_10117-EdmondsWay.pdf January 24, 2007 Jessie Grunner Lease Administrator Grocery Outlet, Inc. 2000 Fifth Street Berkeley, CA 94710 P 510.704.2883 | F 510.644.0152 | jgrunner@cfgo.com RE: 10117 Edmonds Way – Edmonds, WA (00610600300502) Dear Jessie Grunner: This Zoning Confirmation Letter is in response to your inquiry for the above-mentioned property.The fee for Zoning Compliance Letters such as this is $100 – please send a check th payable to the City of Edmonds (Attention: Gina Coccia, Planning Division, 121 5 Avenue North, Edmonds WA 98020) at your earliest convenience. I hope you find this information helpful. If you have not yet already, you are encouraged to contact a Permit Coordinator in the Building Division (425.771.0220) to see if a “Change of Use” permit would be required. We also hold pre-application meetings that convene Building, Fire, Planning, and Engineering – if you would like more information or to schedule a meeting, please don’t hesitate to ask. General: Our records indicate that this property, currently known as “Times Square Antiques,” was annexed into the City of Edmonds on 06/10/1957. The City of Edmonds adopted its first zoning code in 1956. Zoning: The current zoning designation is “Neighborhood Business” (BN). I have attached the Edmonds Community Development Code (ECDC) chapter 16.45 for your convenience, which outlines the permitted uses and bulk regulations for the zone. A grocery store is a permitted primary use in this zone. Conditional Use Permit: Pursuant to ECDC 16.45.010.C.3, Businesses open to the public between the hours of 11:00 pm and 6:00 am require a Conditional Use Permit. I have attached a handout on the Conditional Use Permit process, which is a land use application that takes several months to process. If you think you may want to stay open past 11:00 pm, please contact a Planner (425.771.0220) at your earliest convenience to go over the details of the process. Parking: ECDC 17.50.020.B.1 lists the parking requirements, which are based on the use and the area of the building. For grocery stores and supermarkets, the ratio is one space per 300 square feet, which refers to the gross building square footage. Refer to ECDC 17.50 for details. Architectural Design Board (ADB): Modifications to the exterior of the building trigger design review. Depending on the extent of the work, the project may trigger ADB “Major” or ADB “Minor.” The fees and processes for these land use permits are slightly different, so as soon as you know the extent of the work, it is advised that you contact a Planner (425.771.0220) for details. The ADB only meets on the first Wednesday of each month, so allow several months for processing. Signage: The Sign Code is found in ECDC Chapter 20.60 – Please contact a Planner (425.771.0220) at your earliest convenience to go over the types of signs permitted in the sign code. A sign permit is a separate building permit – contact a Permit Coordinator for details on submittal items. If you have any questions, please don’t hesitate to contact me at 425.771.0220 extension 1778 or via email at coccia@ci.edmonds.wa.us. Sincerely, Gina Coccia, Planner Development Services Department CE ITY OF DMONDS Attachments: ECDC 16.45 – Neighborhood Business Zones. Conditional Use Permit Handout (ECDC 20.05). 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. 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. 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. Local public facilities designated and sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 9. 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. Day-care centers; 7. Hospitals, convalescent homes, rest homes, sanitariums; 8. 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; 9. Counseling centers and residential treatment facilities for current alcoholics and drug abusers; 10. Regional parks and community parks without a master plan subject to the requirements of ECDC17.100.070. D. Secondary Uses Requiring a Conditional Use Permit. 1. Outdoor storage, incidental to a permitted or conditional use; 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. A. Table. MinimumMinimumMinimumMaximum MinimumMinimumStreetSideRearMaximumFloor Lot Area Lot Width Setback SetbackSetbackHeight Area 11 BNNone None NoneNone3 sq. ft. per sq. ft. of lot area 2025 1 Fifteen feet from lot lines adjacent to R zoned property. B. Signs, Parking and Design Review. See Chapters 17.50, 20.60 and 20.10 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. \[Ord. 2526 § 5, 1985\]. 16.45.030 Operating restrictions. 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. 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. \[Ord. 3320 § 2, 2000\]. city of edmonds development information CONDITIONAL USE PERMIT A Conditional Use is a use that is allowed, by the Community Development Code, in one or more zones, but that requires a special permit. The purpose of this permit is to provide a particular degree of control to make such use consistent with and compatible to other existing or permissible uses in the same zone or zones. A Conditional Use Permit allows the proper integration of a use into a neighborhood of uses, which may be suitable only under certain conditions. The initial review of a Conditional Use Permit application is done by Staff. A public hearing is then held by the Hearing Examiner who issues a decision on the application. In order for the Conditional Use Permit to be granted, the proposal must be found to meet the required criteria. CRITERIA : No conditional use permit may be approved unless all of the following findings can be made: 1. Comprehensive Plan. That the proposed use is consistent with the Comprehensive Plan. 2. Zoning Ordinance. That the proposed use, and its location, are 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. 3. 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. The Hearing Examiner will determine whether the conditional use permit shall be applicable only to the present owner of the property or be transferable. A transferable Conditional Use Permit “runs with the land” or is applicable to any future property owner. 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. If you would like for the Conditional Use Permit to be transferable, you should state this in your application. APPLICATION: Your application must include the following: Land Use Application Form: Completed and signed by the property owner. Criteria Statement: A statement that addresses how you project meets each of the criteria listed above. Adjacent Property Owner List: This includes the list in the required format and the notarized form that accompanies it. Please refer to the Adjacent Property Owner handout. Page 1 of 2 CU.DOC Supporting Documents: Depending upon the nature of the conditional use requested, additional information such as a site plan, grading plan, elevations, photographs, etc. Application Fee (See Fee Sheet) Environmental Checklist – ONLY if applicable to specific project. If you think your project may require an Environmental Checklist, please talk with a City Planner. APPLICATION PROCESS: Initial Application Completeness Review: Approximately one month after you submit your application, you will receive notification that your application is either complete or incomplete and requires specific information in order for the application to be considered complete. You will also be told the assigned file number for your project and the name of the Planner conducting the staff review. Staff Review and Public Notice: After the application is determined to be complete, Staff will continue review of your project and notify you of any additional information or supporting documents that may be needed. Staff will also visit the site, send notice of the application to Adjacent Property Owners, and post notice of the application at the site. Public Hearing: 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 Examiner meetings are held at 3:00 pm on the first and third Thursdays of each month in the rdth Brackett Room on the 3 Floor of City Hall, 121 5 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 before the meeting. Final Action: The Hearing Examiner renders a decision within ten working days following the conclusion of the hearing. This decision will be final unless a written appeal, stating reasons, is filed with the Planning Director within ten working days after the date the decision is rendered. The appeal will be heard by the City Council. : Time Limit The approved conditional use 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. IMPORTANT: This information should not be used as a substitute for City codes and regulations. If you have specific question regarding your project, you may speak with a City Planner at the Development Services Department. In addition, other permits, including building permits may be required for your project. LOCATION: The Development Services Department is located at 121 Fifth Avenue North (425-771-0220) between 9:00 am – 12:00 pm and 1:00 - 4:00 p.m. Monday through Friday. ONLINE: The Edmonds Community Development Code may also be viewed online at the City of Edmonds website, www.ci.edmonds.wa.us. Page 2 of 2 CU.DOCUpdated 8-04