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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 03/22/1999 CITY OF Jim White, Mayor +xvlc rA 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 i 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 g P � P , 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 S 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 ,,?ectfully Sub 'tteHarris a