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Ordinance 28180006.150.003 KCH/klt 12/31/90 No. 2818 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE EDMONDS COMMUNITY DEVELOPMENT CODE, SECTION 16.30.010(C)(2), CHAPTER 20.25 TO REFLECT LIMITATION TO LOW INCOME ELDERLY, SECTION 21.30.060 RELATING TO FOSTER HOMES, ADDING A NEW SECTION 21.15.095 AND A NEW SECTION 21.40.055 IN ORDER TO CLARIFY THAT CERTAIN PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE ARE INTENDED TO ESTABLISH OPPORTUNITIES FOR LOW INCOME HOUSING FOR THE ELDERLY, REFERRING TO THE PLANNING BOARD THE ISSUE OF WHETHER ADEQUATE HOUSING OPPORTUNITIES AND SERVICES FOR THE ELDERLY AND DISABLED ARE AND WILL REMAIN AVAILABLE IN THE COMMUNITY, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the current provisions of the Edmonds Community Development Code regarding housing for the elderly appear, on their face, to be applicable to any housing project intended for the elderly; WHEREAS, these provisions were originally intended to provide housing opportunities for low income elderly persons and have been consistently interpreted and applied by the City Council in that limited fashion; WHEREAS, the City Council wishes to clarify the existing intent behind the code provisions by the amendment of a variety of sections relating to housing opportunities for the low income elderly; and WHEREAS, the Council desires that the zoning categories of the City provide adequate housing and service options at KCH00973O -1- appropriate levels for all of its citizens including the elderly of all income groups and disabled citizens, among others, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Community Development Code Section 16.30.010, subsection (C)(2) is hereby amended to read as follows: 16.30.010 USES C. Primary uses requiring a conditional use permit. 2. Community facilities, including buildings used for community activities and services, such as: Section 2. The Edmonds Community Development Code Chapter 20.25 is hereby amended to clarify that its provisions are applicable only to the low income elderly and limiting the permitted reduction of parking spaces, to read as follows: CHAPTER 20.25 HOUSING FOR THE LOW INCOME ELDERLY 20.25.000 PURPOSE This chapter is intended to allow reasonable changes in RM zone site development standards for housing projects for the low income elderly, because, among other reasons, these projects usually have fewer persons per unit than a normal multiple residential project. KCH00973O -2- 20.25.010 CHANGES TO SITE DEVELOPMENT STANDARDS The Hearing Examiner may approve I the following changes to the normal site development standards of the district in which the housing project for the low income elderly is to be located. A. A decrease of as much as one-half of the minimum required site area per unit. B. A decrease of the minimum number of parking spaces per unit, but in no event less than one (1) space per unit. 20.25.020 ELIGIBLE PROJECTS To be eligible to use this section, a project shall be rented exclusively to low income elderly persons as defined by the Housing and Urban Development or persons receiving Social Security Disability Benefits, or be financed under the Insured Mortgage Program of HUD for housing projects for the low income elderly, or similar government programs. 20.25.030 APPLICATION The applicant shall apply for a conditional use permit in order to use the provisions of this section. The applicant shall submit a full description of the proposal with the application, including a statement of how the project qualifies under Section 20.25.020 above. The applicant shall also show on the site plan a reservation of sufficient space to provide the normally required number of parking spaces if the project should ever be converted to a normal multiple residential project. 20.25.04❑ LOCATION CRITERIA The Hearing Examiner shall, prior to approving a permit under this section, find that the project is located in an area which has the following characteristics: A. Walkincr Distance. Is within convenient walking distance of public transporta- tion, food and drug stores, and other KCH009730 -3- neighborhood commercial services used by the low income elderly; Section 3. Amending the Edmonds Community Development Code, section 21.30.060 FOSTER HOME to read as follows: 21.30.060 FOSTER HOME Foster home means a social service facility licensed by the state as a full time foster family and described as an agency which regularly provides on a 24-hour basis to one or more individuals, but not more than six individuals. Section 4. Amending the Edmonds Community Development Code, chapter 21.15 by the addition of a new section 21.15.095 CONGREGATE CARE FACILITY to read as follows: 21.15.095 CONGREGATE CARE FACILITY A congregate care facility shall be given the same definition as a retirement home. Section S. Amending the Edmonds Community Development Code, section 21.40.055 HOSPITALS to read as follows: 21.40.055 HOSPITALS Hospitals are public or private health facilities providing care for persons suffering from acute illness, injuries or other conditions requiring medical, surgical, psychiatric, or obstetrical services. Residence is normally short, and the facilities are characterized by high public access requirements, and the need for emergency access. Included in this definition are general or emergency hospitals, maternity and psychiatric hospitals and alcoholism and drug detoxification services. KCH00973O -4- Section 6. The Edmonds Planning Board in conjunction with the City staff and such additional resources or consultants as they may recommend and are approved by the City Council, are requested to undertake a study of the impact of current zoning policies and ordinances on the availability of housing and other necessary services for elderly and disabled persons residing within the community. The Board is directed to consider the resource availability in light of potential demographic changes in the elderly and disabled populations judged through the year 2020. The Board is also requested to consider the impacts of the new state statutes regulating development. The Board is requested to confine itself to the issue of resource evaluation; the Council anticipates providing further direction to the Board regarding policy issues, amendments to the Comprehensive Plan and the Edmonds Community Development Code, if any, based upon the Board's report. Section 7. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of the ordinance or a summary thereof consisting of the title. ATTEST/AUTHENTIC ,TED. J SIT 'CLERK, JACQUELINE G. PARRETT KCH00973O -5- APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY (Ab&TT-� FILED WITH THE CITY CLERK: January 2, 1991 PASSED BY THE CITY COUNCIL: January 8, 1991 PUBLISHED: January 13, 1991 EFFECTIVE DATE: January 18, 1991 ORDINANCE NO. 2818 KCH00973O -6- Affidavit of Publication STATE OF WASHINGTON, ss COUNTY OF SNOHOLVISH, The undersigned, being first duly sworn on oath deposes and says SUMMARY OF ORDINANCE, NOpp. 2818 that she is Principal Clerk of THE HERALD, a daily newspaper _ L61 nds. Woshfn on I" m day of January, printed and p published in the City of Everett, County of Snohomish, 1991 the City COamcp of Ehe City of t:dmonoS, Msed Ordlnoncr and State of Washington; that said newspaper is a newspaper of Na. 7818. A Summary 9f a1c col si n;u°nf the;1tle, provide; general circulation in said County and State; that said newspaper as follaws; AN ORDINEDMO D A THE OTY AME TON L)� has been approved as a lea newspaper y p pp legal news a er b order of the Superior DAINGgM EorMO CODE SECTION D VELDPpA�M1EfJTy� CHAP XIS T030WIFO R Court of Snohomish County and that the notice ........................................ L IMITATION TO LOW INCOM1, ELDERLY, SECTION 71.38.00 RELATINCi TO FgSTER Summary of Ordinance No 2818 HOMES ADDING A NEW SEC TiO4 21,15.095 AND A NEW _ _ .................. ..........._.... ........... SECTION 71.40d155 FN ORDEA TO CLARIFY THAT CERTAIN S THJ' TNF' EOPRAONDS MONIO COMMU M .... ........ .............. .........._._.».__..__....... ..._......,».. ...._........_.. ............... ... .......................... DEVELOPMENT INTENDED TO ESTTABLISlt OPPORTUNITIES FOR LOW INCOME HOUSING FOR THE ELDERLY, REFERRING TA ................................ ......•............. ....................... ...................... ...................... ...._.......... THE PLANNING 30ARD THE ISSUE OF WHETHER AOEOUAYF HAUSENti OppgR- a printed copy of which is hereunto attached, was published in said SORVICES FOR THE1E` ELDERLY AND DISABLED newspaper proper and not in supplement form, in the regular and ARE AND Wli.l REMAIN IFiXING AAnTIM� N TY. AND entire edition of said paper on the following days and times, namely: WHeN THE SAME: SIfALL OECOML LFFELiIV�. The full fexE at urry Ordinance wll! be mulled upon reguls1. DATED 1hly 8+h dov Ltd January 1991. January 13 1991 7 IAChTUNE• G. PARR IF __ ......................................................................... ........ ............. ....... Ci1v Crrrk Pubikhed: 7dnuary Ij, 1R91, and that said newspaper was regularly distributed to its subscribers during all of said period. -•......................................................................._...........:,.................................................. Principal Clerk Subscribed and sworn to before me this ............ 14th...... day of.`..:....��anu(ar ' „ 1S g� .� Public inland for the State of Washington, at Everett, Snohomish County, B-2-1