HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 03/22/1999 CITY OF
Jim White, Mayor
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Planning Department (253) 859-33901FAX(253) 850-2544
James P Harris,Planning Director
LAND USE & PLANNING BOARD MINUTES
Public Hearing
March 22, 1999
The meeting of the Kent Land Use and Planning Board was called to order by Chair Ron
Harmon at 7-00 p in. on Monday, March 22, 1999 in Council Chambers of Kent City Hall.
LAND USE & PLANNING BOARD STAFF MEMBERS PRESENT
MEMBERS PRESENT James P Hams, Planning Director
Ron Harmon, Chair Fred Satterstrom, Planning Manager
Terry Zimmerman, Vice Chair Kevin O'Neill, Senior Planner
Brad Bell Laurie Evezich, Assistant City Attorney
Jon Johnson Pamela Mottram, Administrative Secretary
David Malik
Sharon Woodford
LAND USE & PLANNING BOARD
MEMBERS ABSENT
Steve Dowell
APPROVAL OF MINUTES
Chair Ron Harmon requested one correction to the February 22, 1999 minutes that his name be
removed and replaced with Brad Bell as the Board member who moved to close the public hearing,
as indicated on page seven of the minutes Brad Bell MOVED and David Malik SECONDED a
motion to approve the minutes of February 22, 1999 as amended. Motion carved.
ADDED ITEMS TO THE AGENDA
None
COMMUNICATIONS
None
NOTICE OF UPCOMING MEETINGS
None
ZCA-99-3 GROUP HOME REGULATIONS AMENDMENT
Senior Planner, Kevin O'Neill stated that this Issue was originally identified during the overall
zoning code update worked on by the Board In 1998. He said that the City Council adopted an
ordinance relating to the regulation of group homes in 1991 based on amendments to the Federal Fair
2204th AVENUE SOUTH / KENT,WASHINGTON 98042-5895
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Land Use and Planning Board Minutes
March 22, 1999
Page 2
Housing Act adopted by the United States Congress in 1988. These amendments pertained to the
sitingof group facilities Mr O'Neill stated that Ordinance No 2958 adopted m 1991 amended
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the definition of "famalr" and created Class I, II and III classifications for group homes The
ordinance also defined where the various classifications of group homes could locate in the city
Mr O'Neill stated that the ordinance amended the definition of `family"by limiting the group of
unrelated individuals to six persons. He stated that Class I group homes are typically smaller scale
group homes often cited as single family homes in single family neighborhoods under the City of
Kent's current ordinance Mr O'Neill stated that housing capacity ranges from seven (7)residents
up to a number of residents based on the density of the underlying zoning district.
Mr. O'Neill stated that Class II and III group homes are predominately work release sites set up
under the criminal justice system There are a number of Class I group homes and no Class II or III
group homes currently existing in the City of Kent Mr. O'Neill stated that the City includes
classifications for single family residential uses and where those use classifications can be located
in the City of Kent He stated that there is a comprehensive set of use regulations for the group home
classifications He stated that only Class I-A group homes can be located in single-family residential
areas (limiting occupancy to seven or less residents).
Mr. O'Neill stated that staff was looking at group home regulations based on a United States
Supreme Court case that eminated from an action concerning group homes in the City of Edmonds.
He stated that an organization desired to place a group home facility for ten residents in a single-
family residential. zone Mr O'Neill stated that the City of Edmonds would not allow the group
home based on the city's occupancy limitations He stated that the Court found in favor of the group
home, and that the City of Edmonds had not provided reasonable accommodations for handicapped
persons
Mr O'Neill stated that Planning staff has worked in conjunction with McConnell/Burke Consultants,
the City's Office of Housing and Human Services and the City Attorney's office in looking at the
City of Kent's regulations in light of the Edmond's case Mr O'Neill said staff concluded that the
City is making reasonable accommodations under the City's current regulations to accommodate
varied classifications of group homes in a mix of zoning districts.
Mr O'Neill stated that Planning staff recommends that the definition of"family" found in Section
15 02 135 of the zoning code be amended as follows.
Family: Family means... excluding class I. II and III group homes ..
Mr O'Neill stated that the reason for staff s recommendation is to refine the use distinction between
"family", and group homes. He stated that staffs recommendation neither changes the way in which
• group homes are regulated nor the underlying occupancy limit but would clarify the two uses
Mr O'Neill stated that at the March 8 workshop members of the Land Use Board voiced concern
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Land Use and Planning Board Minutes
March 22, 1999
Page 3
that existing definitions for Class III group homes does not have occupancy limitations Mr. O'Neill
stated that the Washington Administrative Code (WAC) does not stipulate a classification or
maximum number of persons that can occupy a Class III group home He stated that a stringent
process regarding Class III group homes through the Department of Corrections is stipulated in
Chapters 137-56 and 137-57 of the WAC Mr O'Neill stated that if such a site were located in the
City of Kent, the state process would involve the use of a search committee, an advisory panel
involving city officials and require an extensive public process.
Mr O'Neill stated that the City of Kent's zoning code regulations stipulates that Class III group
homes can only be sited through a conditional use permit requiring a public hearing process Mr.
O'Neill stated that staff felt it necessary to clarify that the state is regulating these group homes and
recommends that the following definition should be added to reference the WAC as follows.
Class III group home. Class III group homes means . as provided in Chapters 137--56 and 137.57
WAG Such groups
Brad Bell MOVED and David Malik SECONDED to open the public hearing Motion tamed.
Chair Ron Harmon recognized that no public representation was present to speak on ZCA-99-3
Group Home Regulations Amendment and thus entertained a motion to close the public hearing.
Brad Bell MOVED and Jon Johnson SECONDED close the public hearing Motion carried.
Brad Bell MOVED and Jon Johnson SECONDED to accept staff s recommendation to amend the
definition of"family" and definition of"Class III group home" relating to ZCA-99-3 amendments
to group home regulations Motion carried.
ADJOURNMENT
Sharon Woodford MOVED and David Malik SECONDED a motion to adjourn. Motion carried.
The meeting adjourned at 7.10 p in
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