1020 N BROADWAY EVCC STUDENT HOUSING - WHOLE SITE 2022-05-23

Community College and exercised Planning Director (Director) discretion to establish the required number of off-street parking spaces on a discretionary case -by -case basis for student housing uses within the Institutional Overlay Zone associated with the college 0 Planning Director Interpretation (PDI #18-002), which exercised Director discretion to establish development standards for privately owned property within the ECC Master Plan Institutional Overlay Zone Issues on Appeal: As stated in the appeal letter (Exhibit E-26) and clarified as required following the pre -hearing conference (Exhibit E-27), the errors alleged by the Appellant were as follows (paraphrased): A. The privately developed "student housing" use proposed in the project is not permitted on the site in the College's Institutional Overlay Zone; B. The City failed to follow the code -required Master Plan review process to establish the private "student housing" use proposed in the project; C. The project is inconsistent with the requirements of the Master Plan because: 1. It fails to adhere to the minimum 20-foot setback required for the site in the Master Plan. 2. It changes the use planned for the project site in the Master Plan. 3. It is inconsistent with the goals and policies of the adopted Master Plan. D. The City erred in permitting multiple design modifications for the project. E. The City failed to adequately analyze, and require mitigation for, the probable adverse environmental impacts of the project under its SEPA authority. Pre -Hearing Procedures: A pre -hearing conference was convened on July 12, 2018 to schedule the above -captioned appeal to clarify the issues on appeal, identify participants and parry contacts, and to schedule the hearing and pre -hearing document exchange. A pre -hearing order issued on the same day memorialized the schedule agreed to. and all other salient points of the discussion. Hearing Date: Consistent with the Everett Zoning Code (EMC) 15.24.330, the appeals were consolidated. The City of Everett Hearing Examiner convened an open record hearing on the consolidated appeals on August 23, 2018. A post -hearing briefing schedule was discussed and agreed to by the parties on the record. This agreement included the Applicant's consent for the decision issuance date to fall outside the 90-day deadline established at EMC 15.24.300. Post -hearing submittals were timely submitted pursuant to the August 24, 2018 post -hearing order and are included in the record. Decision issuance was scheduled for October 1, 2018. Findings, Conclusions, and Decisions in the Everett Comm. College Appeals of Koz Student Housing Administrative Decisions REV II # 17-016, PDI # 15-02, PDI # 18-02, and SEPA # 17-013 Everett Hearing Examiner page 2 of 32