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Resolution 471PLANNING C0MMISSION RESOLUTION NO. 471 A RESOLUTION TO THE CITY COUNCIL OF THE CITY OF EDMONDS RECOMMENDING APPROVAL OF AMENDMENT TO THE OFFICIAL ZONING ORDINANCE OF SAID CITY, SECTION 12.13.110 (L) PRIMARY USES IN RM DISTRICTS - GROUP HOMES, AS SET FORTH IN PLANNING COMMISSION FILE NO. ZO-6-75. WHEREAS, the Planning Commission of the City of Edmonds, pursuant to proper notice and publication, held a public hearing on a proposed amendment to the Official Zoning Ordinance, Section 12.13.110 (L) Primary Uses in RM Districts - Group Homes, and WHEREAS, the Planning Commission, having made findings set forth in "Exhibit A" attached hereto, determined that the amendments set forth:in "Exhibit B" attached hereto, should be adopted; now, therefore, BE IT RESOLVED that the Planning Commission recommends and forwards to the City Council of said City, that the proposed amendments to Section 12.13.110(L) Primary Uses in RM Districts - Group Homes, as set forth in "Exhibit B" attached, be adopted. DATED as of the 23rd day of April, 1975. C air n, Edmonds Planning Commission I File: ZO-6-75 Hearing date: 4-23-75 antler P.C. RESOLUTION NO. 471 "FXNTRTT E" The Planning Commission, in public hearings on April 23, 1975, established the following findings and recommended amendments set forth in "Exhibit B". 1. To identify the document formerly described as "social" or "neighborhood" impact statement as a "Statement of Operating Conditions" to more accurately reflect the function of the document. 2. To include the "Statement of Operating Conditions" as a condition required for a Conditional Use Permit. 3. To revise the "revokation" procedures to allow the applicant a period to time in which to respond to an adverse condition in the neighborhood prior to revokation of the Conditional Use Permit. "FXNTRTT P" Section 12.13.110 (L) - Group Homes subject to the grant of a conditional use permit providing the following additional conditions are met: (1) A"Statement of Ooeratin Conditions" that shall address the impact of the location of such a facility in the particular neighborhood, shall address the need for such a facility within the city and shall address such other subject matter as shall be required from time to time by the city planner. The city planner is authorized hereunder to establish a list of the subject matters that shall be addressed in any such required statement which, when completed by the applicant, shall be submitted to the city council prior to the hearing on the permit. The city planner is authorized to establish such time requirements for filing by the applicant of such required state- ment or other documentation prior to the hearing as will provide adequate time for review, circulation and distribution of said statement prior to the hearing before the city council. (2) A financial statement shall be submitted to the city planner 30 days prior to the hearing and on or before January 31 of each respective year thereafter. (3) The applicant shall hold a meeting with the neighborhood prior to the time of the hearing on the conditional use permit: (a) The neighborhood shall be defined as all property owners within a radius of 600 feet of the boundaries of the property on;, which the proposed facility is to be located. (b) The applicant shall hold said meeting not less than 10 days nor more than 60 days prior to the hearing on the conditional use permit. (c) The neighborhood meeting notification, specifying the date, time and location of the meeting, will be sent by the Planning Department, utilizing addresses provided by the applicant, with postage costs to be paid by the applicant. The applicant -shall certify the list to be complete, true and accurate to•the best of his knowledge. P.C. RESOLUTION NO. 471 - Pg. 3 "EXHIBIT B" continued Section 12.13.110(L) continued (4) A neighborhood representative shall be notified and allowed to attend meetings of the board or governing body of the home in a liaison status; such representative is to be designated by the neighborhood within 60 days of the neighborhood meeting or the right shall be deemed waived by the neighborhood. (5) Any other conditions required by the city council to ensure the preservation of the intent of RM zones and protect the neighborhood from a use which is a nuisance, deleterious to the neighborhood or inconsistent with the purposes of RM classified property within the city. (6) The hearing on the granting or denial of the conditional use permit permitted under this section shall be held before the city council and notice of said hearing shall be given in the manner as provided in Chapter 12.16. of the Edmonds City Code. The council when hearing the application shall, in addition to the criteria set forth herein, be governed by the general criteria for the granting of a conditional use permit as set forth in Chapter 12.16 of the Edmonds City Code. (7) Except in the event an applicant wishes to appeal -the decision of the city council or in the event any person in the neighborhood desires to appeal the decision of the city council in granting or denying said conditional use permit such appeal must be taken to the Superior Court for Snohomish County within ten (10) days of the date of the decision of the city council in the same manner and form as appeals from decisions of the Board of Adjustment as provided in Chapter 12.16. of the Edmonds City Code. - (8) At any time six (6) months after the granting of a conditional use permit, as provided herein, members of the neighborhood may initiate a hearing before the city council to consider the revocation or modification of the permit if they consider the facility to be deleterious to the neighborhood, a nuisance of inconsistent with the intent of the zoning classification in the neighborhood. This complaint action shall be initiated by a petition signed by not less than ten (10) residents of the neighborhood, no two of which can represent the same property and shall be accompanied by the payment of an administrative fee of Ten Dollard ($10.00). The petition shall explain in detail the condition or conditions which cause the facility to be considered deleterious to the neighborhood or a nuisance or inconsistent with the intent of the zone in which the facility is located. The city council shall set a hearing date and cause notice to be given in accordance with Section 12.16.150 of the Edmonds City Code and to be mailed to the permittee by certified or registered mail at least ten (10) days before the hearing to the address of the permittee contained on the application. At the public hearing called to hear the complaint, the- perm}t-may-be-revoke d-er-etberwd se-med}f}ed-}f-the-e}ty-eesse} f}sds-the-sse-ta-be-a-nb}sapEe-e�-de}ete�}eas-te-tfae-ee}gbberbeed-a�-}peens}stept- w}th-the-}ntept-of-tbe-Pepe-e}ass}f}eat}ep-}e-rah}eb-sa}d-fas}}}ty-}s-}seated if the city council finds the basis of the complaint to be a nuisance or deleterious to the neighborhood or inconsistent with the intent of the zone classification in which said facility is located the c iy council may modify the conditions originally established and shall establish a scheduled review to assess the sufficiency and compliance with the additional conditions established. At the scheduled review hearing. if the Council fnds the ap2licant has failed to meet the conditions iri: osed,ihi s would �be grounds for imposition of -additional conditions or revocation of the conditional use p.e rmi t.