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

22. "Student housing" is not defined in the Everett Municipal Code. The proposed development meets the zoning code definition of multi -family dwelling, which is allowed in the underlying BMU zone. ECC 19.05.090, Table 5.1 (Residential Uses). 23. The City could have opted to review and entitle the project entirely through the BMU zoning process established at EMC 19.02.080.D.2, through which the Planning Director may determine whether or not a use that is not specifically listed in the zoning code (student housing) should be a permitted use in a zone. Instead, the City chose to employ the PDI process that had been used to make similar decisions for Mountain View and Cedar Halls, both built by private developers on private property within the Overlay Zone. Through this Planning Director Interpretation (PDI) process, the Director determined that private student housing not affiliated with or operated by the College is a permitted use within the Institutional Overlay Zone. The Planning Director testified that private student housing is supportive of the institution because it allows more students attending ECC to be able to live nearby. Allan Giffen Testimony; David Tyler Testimony; Exhibits C-1, C-2, C-3, C-4, C-5, C-6, and C-21. 24. Ordinance No. 2232-97 explicitly grants the Director such authority in Section 2.A, which states: Permitted Uses. Permitted uses include those normally associated with a community college, including, but not limited to, instructional programs, college administration, library, cafeteria, bookstore, maintenance facilities, open space, off-street parking, transit facilities, on campus daycare, and related college uses. The Planning Director is authorized to determine if uses not specified herein are permitted uses. In PDI Nos. 15-03 and 15-05 (Mountain View and Cedar Halls, respectively), the City relied on this provision in approving privately owned student housing on parcels not owned by ECC within the Overlay. The College did not challenge either approval on the grounds that privately owned student housing is not allowed in the Overlay: Exhibits C- 5, C-6, and C-21; David Tyler Testimony. 25. The City submitted that the student housing project is an appropriate use of the privately owned site. Considering the uses that could be established lawfully in the underlying commercial zoning and the transition to more intensive uses that has already begun in the immediate vicinity, the project would act as a transition use between commercial to the west and south and residential to the east, with the campus to the north. The site has adequate separation from the nearest single-family residential development, west of Mountain View Hall. Considering the site's physical constraints, primarily shape and EMC 19.04.040: "Dwelling, multiple -family" means a building(s) or portion of a building arranged or designed to be occupied by three or more families living independently of each other, including more than one duplex on a single lot or development site, triplexes, fourplexes, apartment buildings, and stacked dwelling units. This definition does not include single-family detached dwellings. 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 16 of 32