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Ordinance 1812ORDINANCE NO. 1812 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 12.13.130 OF THE EDMONDS CITY CODE BY ADDING A SUBSECTION (h) PERMITTING AN INCREASE IN ALLOWABLE NUMBER OF UNITS IN ALL RM DISTRICTS FOR ELDERLY HOUSING PROJECT. WHEREAS, the City Council of the City of Edmonds, Washington, pursuant to Planning Commission Resolution No. 492, called a public hearing and during said hearing determined it to be in the best interests of the public health, safety and welfare to amend the Edmonds Zoning Ordinance as set forth below in modifica- tion of Planning Commission Resolution No. 492, and WHEREAS, the City Council having found that permitting a higher density in RM zones for elderly housing will not have a significant impact on the environment, and further finding that based upon the evidence presented to the City Council that the increase in allowable number of units for elderly housing will not result in an appreciable change in the overall number of people residing in a given area than would a be permissible in the existing zoning, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON TO ORDAIN AS FOLLOWS: Section 12.13.130 of the Edmonds City Code is amended by adding a new subsection (h) to read as follows: "12.13.130(h). Density and parking allowances for elderly housing projects in all RM districts shall be eligible for a density bonus as follows: (1) A minimum of 850 square feet of lot area per unit; (2) One parking space per unit shall be required provided, however, that a hearing held in the manner of a con- ditional use permit before the Board of Adjustment and upon a finding by said Board that a resolution of the parking space requirement will not cause or create a parking difficulty said parking requirement may be reduced by the Board to as low as one space per three units. The Board of Adjustment shall determine the required number of parking spaces within the range established in this subsection after evaluation of, but not limited to, the following criteria: (a) Convenient walking distance to public transporta- tion, grocery, drug stores and other necessary services. (b) Conditions of roads and sidewalks in the vicinity. (c) Proximity to parks, cultural and recreational facilities. All elderly housing projects desirous of utilizing the increase in density permitted by this subsection shall be subject to the grant of a conditional use permit. The permit shall require that there be filed with the office of the City Planner a written statement of intent and operating conditions by the owner/applicant which shall be binding upon said owner/applicant and their successors in interest and shall include a state- ment that the following conditions shall be met: (1) That so long as the project utilizes the increased density allowance permitted by this subsection it shall qualify under the insured mortgage program of the Housing and Urban Development agency of the federal government or shall be rented to elderly persons as defined by HUD or persons otherwise qualified for Social Security disability benefits. (2) In the event any condition imposed by such statement or by the Board of Adjustment ceases to be met, the permit issued hereunder may be revoked by the Board at a public hearing called for said purpose and the right to maintain an increase in the number of units as permitted by this subsection for elderly housing and correspondingly the decrease in parking require- ments shall terminate upon such revocation and the owner/applicant or their successors and assigns shall be required to meet the underlying density requirements in effect for the subject property at that time. (3) That the owner/applicant shall execute a covenant which shall run with the land running from the owner/ applicant as grantor to the City of Edmonds as grantee, applicable to any premises subject to the above limitations which shall be recorded at the expense of the owner/applicant with the Snohomish County Auditor to apprise and constitute notice to the public of the reversionary requirements with respect to both the number of units permitted and the number of parking spaces required in the event of a discon- tinuance or other termination of the permit issued hereunder. APPROVED: f OR H. H. HARRISON ATTEST: CITY CLERK, I NE VARNEY MORAN FILED WITH THE CITY CLERK: January 2, 1976 PASSED BY THE CITY COUNCIL: January 6, 1976 PUBLISHED: January 14 1976