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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 11/20/1990 cxrtt of Wkenft CITY COUNCIL PLANNING COMMITTEE November 20, 1990 4: 30 PM Committee Members Present Planning Staff Christi Houser Lin Ball Jon Johnson, Chair Jim Harris Leona Orr Margaret Porter Fred Satterstrom Janet Shull Other City Staff Roger Lubovich Alana McIalwain Carol Morris - HUMAN SERVICES ROUNDTABLE UPDATE (Lin Ball) Senior Planner Ball did not have an update at this meeting. HOMELESS PERSONS IN KENT (Information Only) (Lin Ball) Senior Planner Ball reported that after a discussion with and approval from Mayor Dan Kelleher, staff worked on this project. Ms. Ball stated a nonprofit agency that provides emergency and transitional housing approached the City asking whether the City would consider opening City facilities or other ways to address the need of homeless persons during severe weather conditions. Ms. Ball stated homeless persons would be allowed into the shelter at night and would be leave the building by 7:00 am the next day. She further clarified this by stating this is not a permanent situation like the Niki area but only for severe weather conditions to save lives. A meeting has been set for Wednesday, November 21, 1990, at 8:30 am in the second floor conference room to bring together interested parties to address the problem. This will be a brainstorming session to discuss what can be done and how the City and community can work together. One question that will be on the agenda is whether it is feasible to open City buildings as well as the alternative of using the three churches located in the downtown area. The ministers from these churches will be at the meeting. This is an urgent matter because of the possibility of severe weather occurring in the near future. In Seattle, the severe weather procedures for sheltering homeless people goes into effect when the temperature reaches 350 . 1 , lanning Department City Council Planning Committee November 20, 1990 However, this year, the severe weather program is being implemented nightly from October to March irregardless of temperature. It is hoped that by the next meeting a resolution or plan can be presented to the Committee in order to have some type of severe weather procedures in place as soon as possible. Attorney Carol Morris commented the insurance liability precautions should be considered. Planning Director Jim Harris commented that not doing anything regarding this need is not one of the option being considered. There is a large problem existing in the area and the churches in the area might have to carry the major burden. The Kent food bank can identify the homeless persons eligible for the program. GROUP HOMES CLASS III (LAW DEPARTMENT) Attorney Roger Lubovich reviewed the request by City Council that the Planning Committee reassess the Group III classification. The City Council -approved Group Classes I and II and Class III with conditions to be reviewed y the Planning Committee and returned to the City Council for recommendation. Mr. Lubovich and the Law Department reviewed the proposal and the report. He stated there was difficulty with Group II. Mr. Lubovich stated some of the classifications in Group II are protected should belong in Group I. In operating with the State there would be trouble in making a distinction between the remainder of the classes in Group II and those in Group III. Mr. Lubovich commented that for example the State in its work release facilities will not make a distinction between a car thief and a sexual predator. Therefore, the State will not abide by Kent zoning distinctions; i.e. , Kent has a requirement that car thieves go in one category in a different location than a sexual predator. The State will not do that. The State would follow their own scenario for placing individuals in these facilities. Basically, it becomes a problem with criminal justice. The State will follow our zoning allocations and our basic zoning requirements but again they are not going to allow us to regulate who goes in and out of each particular facility. So fundamentally there isn't a Group II category at this time. Group II is being revised to determine if there is any category that can stay as Group II because of some juvenile facilities. The question was raised that juveniles cannot be in an industrial area because they need to be near schools. The Law Department is trying to determine if Group II is can be salvaged. The Law Department asked an outside counsel to reviewed the Group TI category. In addition, because of the changes being caused by the change .n Group II, Group III will also be affected. 2 _ lanning Department City Council Planning Committee November 20, 1990 Attorney Carol Morris commented on the licensing requirement. The Law Department did have outside counsel review this requirement. It was determined to continue with the licensing program as previously outlined with the exception of the revocation that would normally accompany a business license. Mr. Lubovich said that one option the Law Department came up with is using the licensing requirements as a condition on a conditional use permit. There is a lot of interest in having a licensing requirement that is separate and distinct. It can be implemented but there might be an enforcement problem. The City can get the information requested for the license from the State when the State gathers their information to set up these facilities. The potential problem that can come up is when information needs to be updated to renew a license, the licensee may not wish to give this updated information. The license cannot be revoked for failure to give updated information. Attorney Carol Morris stated that recovering alcoholics, or those formerly addicted to legal or illegal drugs should be included in Group I. She _mentioned the Federal Fair Housing Act has had some recent amendments that ould make this group of people protected and; therefore, we cannot discriminate in our zoning for placement of housing. Mr. Lubovich stated that some changes need to be made and he recommends that the entire package be taken back to Council. Planning Manager Fred Satterstrom stated that it is unfortuante that this project has gone this far and now changes need to be made. The initial project started about one-and-a-half to two years ago by a committee formed by Mayor Kelleher. Staff had worked very closely with the law department and the law department interpretated State law and the group classifications were made on those interpretations. However, now, the current law department personnel are intrepretating later case law and the housing for former drug and alcohol people is judged to be a protected class of housing. Mr. Statterstrom suggested that this item be taken to the City Council as opposed to sending it back to the City Council Committee or the Planning Commission. Mr. Lubovich suggested this item be brought back to the City Council as a public hearing. A general discussion insued. Planning Director James Harris remarked that a lot of time and effort was spent on this project. Mr. Harris felt it would not be feasible to drop back to requiring conditional use permits. He said if we do not do anything and it becomes allowable under a conditional use permit, it will be appealed to the City Council one way or the other. Council Chair Jon Johnson felt that a presentation should be made that would clarify the groupings of what would specifically be in Group I. Group II and 3 lanning Department City Council Planning Committee November 20, 1990 Group III so that the Planning Committee can bring this recommendation to the City Council as a public hearing and then take action. Mr. Harris reminded the Committee that we are not plowing new ground because the City Council members have already voted, but what would be done is opening this vote and saying there are corrections to be made to your last vote. As the Attorney's office reviews the action the Council took based on recommendations, we find there needs to be some changes so all that needs to be done is to open that part up. The Attorney's office will be directed to draw up an ordinance. The direction that was agreed upon by the Committee was to set a date at the December 4, City Council meeting to have a public hearing on December 18, 1990. If there isn't a meeting it would be scheduled for January 2, 1991, This can come back to the Planning Committee on December 4, 1990. DEDICATION OF PARKS AND OPEN SPACE IN PLATS (F. Satterstrom) __Planning Manager Fred Satterstrom reviewed the proposal explained in the genda packet that the City of Kent develop its own ordinance requiring land dedication or fees-in lieu of land dedication for parks and open space in subdivisions. If the Committee is interested in this the Planning Department would work with the Law and Parks Departments in coming forward with a proposed ordinance, which would require a Zoning Code amendment to be implemented by going to the Planning Commission. Mr. Satterstrom mentioned that the Parks Department is very supportive of this item. Councilmember Christi Houser asked who would decides whether a developer builds a park or whether the developer pays money. Planning Director James Harris explained the Planning Department would be working with the Parks Department and others. This would be a recommendation on a preliminary plat that is heard by the Hearing Examiner and the Hearing Examiner makes recommendation to City Council. The Planning Department does not decide but a recommendation may be made. The Hearing Examiner makes a recommendation in approving the preliminary plat and then it would go to the City Council for approval. For example, a plat with 15 conditions, one recommended condition may be set aside a 72 square feet lot for a mini-park. Mr. Harris explained that State Law says that we "shall" set aside open space. It doesn't say we might or could, just we "shall" . Under 2929, any payment has to be tied to something that is adjacent to that plat or nearby that plat. Chair Jon Johnson stated that all was agreed that the Committee is interested in pursuing this further. 4 Manning Department City Council Planning Committee November 20, 1990 ADDED ITEM - NORTH PARK LOTS (R. Lubovich) Attorney Lubovich reviewed the action taken at the November 6, 1990 Planning Committee meeting to go ahead and do the administrative procedure (Option #3) to rescind the lot line adjustment. Mr. Lubovich explained right after that meeting he was informed that along with rezoning in February 1990, there was a nonconforming lot line ordinance amendment. Basically, that amendment allowed lots, such as the 40 feet wide North Park Plaza to be basically complied with the City's R1.5 zoning because they require 50-foot lots. The amendments that occurred with the rezone allowed Mr. Heutmaker's lots to comply with R1.5 zoning. The question that comes up as the problem at the time that happened, the Council and nobody knew that Mr. Heutmaker had already done a lot line adjustment to 10, 000 square feet. The point is that Mr. Heutmaker did not have a nonconforming lot at the time the amendment was done. Therefore, if he rescinds and we go through this process that was recommended by the Committee to rescinding the lot line adjustments, it is quite possible that he goes back to 40-foot lots, which means it may not be in compliance with current zoning for R1. 5. Mr. Lubovich was hoping to have an answer today to determine what effect the lot line adjustment Mr. Heutmaker did a year ago has on the nonconforming amendment that was done in 'ebruary 1990. Mr. Lubovich will report at the December 4th meeting. ADDED ITEM - MOBILE HOME SPACE REQUIREMENTS (L. Orr) Councilmember Leona Orr commented that at one of the Council meetings Jack Heck asked what was being done about this item. Ms. Orr stated according to the ordinance regarding lot widths, currently, two mobile homes must move out of a park before one can move in. Ms. Orr commented the City is causing affordable housing to be lost as well as causing hardship to the owners of current mobile home parks who are loosing revenue. Ms. Orr asked if it would be possible to have the existing mobile home parks grandfathered and the new lot width requirements only be for new mobile home parks. This item will be discussed next year. ADJOURNMENT The meeting was adjourned at 5:35 p.m. 5