HomeMy WebLinkAboutCity Council Committees - Economic and Community Development - 09/09/2013 (3) • Economic & Community Development
�- KENT Wns HINQTQN Committee Agenda
Councilmembers: Bill Boyce • Deborah Ranniger • Jamie Perry, Chair
AGENDA
September 9, 2013
SPECIAL MEETING TIME CHANGE 5:00 p.m.
Item Description ActionSpeaker(s) Time Pace
1. Approval of the August 12, 2013 Minutes YES Jamie Perry 5 min 1
2. Lodging Tax Committee Appointment of YES Ben Wolters 10 min 3
Tim Higgens
3. Kent Events Center Public Facilities YES Ben Wolters 10 min 5
District Board Re-appointment of Mike Miller
4. Group Living Facilities Code Amendments YES Katie Graves 10 min 7
KCC 15.02 and 15.04 [ZCA-2013-1]
5. Right Size Parking NO Charlene Anderson 15 min 49
Informational Only
6. Economic Development Report NO Ben Wolters 10 min
Informational Only
Unless otherwise noted, the Planning and Economic Development Committee meets the
2nd Monday of each month at 5:30 p.m. in Council Chambers East, Kent City Hall,
220 4th Avenue South, Kent, 98032-5895.
For information on the above item(s), the City of Kent's Website can be accessed at
http://kentwa.igm2.com/citizens/Default.aspx?DepartmentID=1025 on Friday, September 5,
2013 or contact Julie Pulliam, Pamela Mottram or the respective project planner in the Planning
Division at (253) 856-5454 or as indicated on the agenda.
Any person requiring a disability accommodation should contact the City Clerk's Office at(253) 856-5725 in advance.
ForTDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
This page intentionally left blank.
KENT
ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES
August 12, 2013
Committee Members Committee Chair Jamie Perry, Deborah Ranniger, Bill Boyce.
Perry called the meeting to order at 5:30 p.m.
1. Approval of Minutes
Committee Member Ranniger Moved and Committee Member Boyce Seconded a Motion
to approve the Minutes of August 12, 2013. Motion PASSED 3-0.
2. Green River Community College Small Business Assistance Center (SBAC) Update
Leslie Moore and Kirk Davis along with Jim Edwards (a client of the SBAC) from Green River
Community College described the function of the SBAC. Ms. Moore reported that the Center
began in 1999 with a $500,000 Grant awarded to them.
This program offers free counseling at no cost to local businesses and holds evening classes with
a nominal fee charge. This program works to help cities see the potential in their communities.
Davis stated that Washington is recognized as having the most business startups and most
failures. This program is part of a state and nationwide effort to help businesses move past any
barriers that may hinder their growth.
Edwards stated that he is a local business owner that manufactures and erects steel structures.
He stated that his clientele includes Cities, Kemper Development, Boeing, Microsoft, Gates
Foundation, and Auburn High School. Edwards stated that they anticipate about two million
dollars in additional growth this year. The SBAC has been instrumental in helping restructure the
business for that additional growth. The business employs 45 people and is looking to purchase
property to expand the business.
Davis stated that the SBAC has worked with 400 Kent businesses and held 200 sessions with
clients in Kent since 2004 that has helped businesses move forward and accelerate their growth.
Moore referenced a power point presentation to explain how the SBAC is funded. She stated
SBAC has established a core funding partnership as well as requested and received a grant from
the City of Kent for $33,000, which supports one counselor with a caseload of 150 clients. Davis
stated that this service has been in place for 3 years in Kent and has found that those clients
that have worked with the BAC have better success rates.
3. Group Living Facilities Code Amendments KCC 15.02 and 15.04 rZCA-2013-11
Planner Katie Graves reported that these proposed amendments relate to residential and group
living facilities, clarify definitions and residential land uses related to residential facilities, group
care, and group living facilities. Proposed code amendments include new definitions for "assisted
living facility", "family", "residential facility with health care", and "transitional housing;" and
deletes definitions for "congregate care facilities", "convalescent home", and "group home class
IC;" and places individually defined residential living facilities in the use table rather than under
one catch-all category; and adds more minor changes. Graves directed the Committee members
to her report.
Perry stated that the Committee would not take action on this item now. Perry asked that staff
provide the committee with a list of Federal Housing Act Standards and provide some alternative
definitions from other cities. Graves stated staff followed industry standards in defining the
facilities. Perry proposed staff return with some additional standards for consideration, asking
she be provided with a chart that would allow the committee to conceptualize standard
differences, and stated she would like more information on constraints.
ECDC Minutes
August 12,2013
Pagel of
Assistant City Attorney David Galazin stated that the intent of the proposed amendments is an 2
attempt to clean up the code and to further classify and define types of uses.
4. Cottage Housing Demonstration Project Update
Graves stated that a Cottage Housing Demonstration Project ordinance passed in 2008 and City
Council chose a project defined as Blueberry Cottages located on a site at 2401h and 1161h. In
September 2012 the developer (W.D. Ruth) informed the City that they were unable to obtain
funding and opted to withdraw their demonstration project. In speaking with the cottage housing
developer, Graves stated she found that banks are unwilling to take risks on projects with
unknown outcomes. Ruth's withdrawal means that the city does not have a demonstration
project at this time.
S. Meeker Street Revitalization Initiative (MRI)
Planning Director Fred Satterstrom stated that Auburn designated 32 parcels in their downtown
area to entice developers with incentives that would encourage downtown development. Auburn
reduced development fees by 72 percent, exempted traffic fees entirely, deferred and waived
certain development charges. Satterstrom stated that specific areas within downtown Kent are
in desperate need of redevelopment. He cited Meeker Street as the primary focus as well as
encompassing a larger area around Meeker where many property owners are decentivized.
Staff is studying the feasibility of implementing this type of initiative and evaluating the legal
ramifications of what it would mean to waive certain fees.
Economic & Community Development Director Ben Wolters stated that staff is searching for
ways to jump start development in downtown. He stated that Auburn's approach has been used
throughout the County. Wolters stated that Auburn's proposal was time limited and sunsets at
the end of this year. He stated that Kent has some possible developments that may be
interested in this approach for downtown.
In response to Ranniger, Wolters stated that staff would like to implement this initiative in a
controlled, focused area which would also limit revenue impacts. He stated that some
development could occur on its own, citing the conception of the Platform project. Perry
questioned if the city could use incentivization to update existing buildings such as the IC Penny
building. Wolters stated that parking limitations and fragmented property investment were two
of the considerations which lead to this proposal.
6. Economic Development Report & Permitting Update
Wolters stated that staff has fallen behind on processing single family residential home permits.
He stated that allowing overtime has helped to bridge the gaps in Civil Engineering's workload.
More personal contact (rather than corresponding via formal comments letters) with developers
has lead to a reduction in permit holds.
Wolters stated Trader Joes is looking for a new south county location in Kent and are looking at
the Lake Meridian Shopping Center; as well as Covington (a location where some people view
retail as being saturated). The city is looking at ways to raise attention for properties along the
Benson. Wolters stated that Economic Development Manager Kurt Hanson will attend a
conference in Coeur D' Alene Idaho in an effort to expand our connections and later in
September Hanson will attend a convention in San Diego; as Kent is taking a more active
approach to market Kent.
Currently, the biggest project in the Valley is the Boeing Space Center Stryker project which will
consist of an 810,000 SF distribution center. The Defco property project is moving forward
despite some obstacles. Staff will be working with the developer in a variety of ways to ensure
that this becomes a model project.
Adiournment
Committee Chair Perry adjourned the meeting at 6:37 p.m.
Pamela Mottram, Secretary
Economic & Community Development Committee
PIAPlanningAECDCA2013\MlnutesA8-12-13_Mln.doc
ECDC Minutes
August 12,2013
Page 2 of 2
ECONOMIC and COMMUNITY DEVELOPMENT 3
Ben Wolters, Director
Phone: 253-856-5454
KEN T Fax: 253-856-6454
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
September 5, 2013
TO: Chair Jamie Perry and Economic & Community Development Committee
Members
FROM: Lodging Tax Advisory Committee & Ben Wolters, Economic & Community
Development Director
RE: Lodging Tax Committee Appointment of Tim Higgins
For Meeting of September 9, 2013
MOTION: Recommend Council approve the appointment of Tim Higgins to
the Lodging Tax Advisory Committee.
SUMMARY: The Lodging Tax Advisory Committee recommends Tim Higgins be
appointed to the Lodging Tax Advisory Committee. Mr. Higgins has asked to be
considered for the position vacated by Beth Sylves formerly from ShoWare Center
as the Marketing Director.
Tim Higgins has been the General Manager at the ShoWare Center in Kent for the
past five and a half years. This position is to be filled by a representative whom
represents businesses in activities funded by lodging tax.
Mr. Higgins position would be a Four year term, which would expire Sept 5, 2016.
If you have any questions prior to the meeting, please call Kurt Hanson, 253-856-
5706 or Ben Wolters, 856-5703.
BUDGET IMPACT: None
]P/pm P:\P1anning\ECDC\2013\Packet Documents\09-09-13\2013 Tim Higgins Appointment.doc
4
8/29/2013
Lodging Tax Advisory Committee,
Please consider this email my request to fill the open seat and serve on the Kent
Lodging Tax Board.
My 51/2 years as General Manager of the ShoWare Center and resident of the City
of Kent makes me an excellent candidate.
As General Manager of the ShoWare Center I am tasked with bringing business into
Kent which in turn will drive business to all service and hospitality businesses that
include all local hotels.
By holding a seat on the board I will be able to assist in directing all opportunities
that are presented, for the benefit of the City of Kent and all local hotels.
Thank You for considering me to fill the open position.
Tim
Tim Higgins
General Manager
ShoWare Center
An SMG Managed Facility
253 856 6701
5
ECONOMIC & COMMUNITY DEVELOPMENT
• Ben Wolters, Director
KEN T Phone: 253-856-5703
WASHINGTON Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: September 5, 2013
TO: Kent City Council Operations Committee
FROM: Suzette Cooke, Mayor
THROUGH: Ben Wolters, Economic & Community Development Director
SUBJECT: Appointment to Public Facilities District (PFD) Board
MOTION: Recommend council confirm the Mayor's re-appointment of Mike
Miller to the Kent Events Center Public Facilities District for a four year
term, and ratify all acts consistent with this motion.
SUMMARY:
Mike Miller has been recommended by Mayor Suzette Cooke to be re-appointed to
the Board of Directors for the Kent Events Center Public Facilities District. In
accordance with City of Kent Ordinance No. 3852 and Public Facilities District
Resolution No. 1769, each director was appointed to a different term in order to
stagger the term end dates. These legislative documents and RCW 35.57.010(3)
(a) require that after the initial appointment, each director's term is to be for a
period of four years. Mr. Millers next four year term would expire on
September 1, 2017. Therefore, the Mayor requests that Council confirms her
re- appointment of Mr. Miller to a new four year term.
If you have any questions prior to the meeting, please call Ben Wolters, 856-5703.
EXHIBITS: Attached
BUDGET IMPACT: No
P:\Planning\ECDC\2013\Packet Documents\09-09-13\2013 re appointrnent Mike Miller PFD B ard.doc
6
This page intentionally left blank.
ECONOMIC & COMMUNITY DEVELOPMENT 7
Ben Wolters, Director
PLANNING DIVISION
Fred Satterstrom, AICP, Director
• Charlene Anderson, AICP, Manager
K E N T
was o Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
September 6, 2013
TO: Chair Jamie Perry and Economic & Community Development Committee
FROM: Katie Graves, Planner
RE: Group Living Facilities Code Amendments, KCC 15.02 and 15.04
[ZCA-2013-1]
Staff Report for the September 9, 2013 ECDC Meeting
MOTION: Recommend to the City Council approval of amendments to
KCC 15.02, Definitions and 15.04 Residential Land Uses related to
residential facilities, group care, and group living facilities, as
recommended by the Land Use & Planning Board.
SUMMARY: Staff presented the proposed code amendments to the Economic and
Community Development Committee at the August 12, 2013 meeting. The
committee requested additional information from staff. Attached are the items
requested: a chart of the proposed definition changes; information on how other
jurisdictions define "family;" and information on applicable state and federal laws
that govern group residential facilities.
BACKGROUND: Clarifying requirements, removing ambiguity in the code, updating
the code for consistency with state laws and regulations, and modernizing
standards provide consistency for applicants and city departments when proposed
development projects are being designed and reviewed.
The proposed amendments address changes to the sections on definitions and
residential land uses related to residential facilities, group care, and group living
facilities. These sections of code need amending to clarify definitions for different
types of residential facilities, update the residential land use table, remove
ambiguity in the code, and update the code for consistency with state laws and
regulations. Group care or group living facilities may be broadly categorized as
single or multiple family residential, emergency and transitional housing, criminal
justice facilities, and group care facilities with or without health care. Staff will be
available at the meeting to answer questions.
The SEPA Responsible Official has determined that the proposed amendments are
procedural in nature and thus categorically exempt from further SEPA review under
WAC 197-11-800(19) and 11.03.200 Kent City Code.
KG/pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2013\ZCA-2013-1 Grou pReside ntia IFa ci lities\EC DC\9-9-13\Sta ffRe port.doc
Enc: Attach A: Draft Ordinance; Attachment 3: Proposed Definition Amendments; Attachment C: Definitions of"Family";
Attachment D: MRSC group home information;Attachment E: D03 Fair Housing Act information
cc: Fred Satterstrom,AICP, Planning Director
Charlene Anderson,AICP, Planning Manager
Project File
8
This page intentionally left blank.
ATTACHMENT A
September 9, 2013 9
ECDC
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter
15.02, entitled, "Definitions," by adding and
amending sections, and correcting a publishing
error in section 15.02.173; amending Chapter
15.04, entitled, "Residential land uses," amending
zoning districts and residential land use
development conditions; and updating the code for
consistency with state laws and regulations.
RECITALS
A. Local planning legislation arises from many sources — Federal,
State or regional mandates; changes to local community vision;
complaints; need for clarity; updated technologies, business operations or
strategies that make existing codes outdated; conflicts with updated codes
in other City departments; and many others. Furthermore, these
amendments are undertaken as part of the City Council's initiative to
transform regulatory processes in order to increase operating efficiencies.
B. Group care or group living facilities may be broadly
categorized as single or multiple family residential, emergency and
transitional housing, criminal justice facilities, and group care facilities with
or without healthcare.
1 Amend Title 15- Zoning
Ordinance
10
C. These sections of the code need amending to clarify
definitions for different types of residential facilities, update the residential
land use table, remove ambiguity in the code, and update the code for
consistency with state laws and regulations.
D. The City is also making a technical correction of an error
made during a prior code publication of subsection 15.02.173.C. On
January 2, 1991, the Kent City Council passed Ordinance No. 2958,
amending KCC Chapter 15.02 by adding a new section 15.02.173. In
1993, the Municipal Code changed its format and incorrectly printed
15.02.173.C. In 1999, the city of Kent contracted publishing of the city
code with Code Publishing and the error remained in the code. The error
went unnoticed from 1993 until now. The City is correcting that error by
republication of the Section.
E. The SEPA Responsible Official has determined that the
proposed amendments are procedural in nature and thus categorically
exempt from further SEPA review under WAC 197-11-800(19) and
11.03.200 Kent City Code.
F. On May 28, 2013, notice was sent to the Washington State
Department of Commerce and expedited review was requested. On June
4, 2013, the City was granted expedited review and was informed that it
had met the Growth Management Act notice requirements under RCW
36.70A.106. The required fifteen day waiting period prior to final
adoption has lapsed.
G. Staff presented proposed amendments to the Kent City Code
Title 15, "Zoning," at the May 13, 2013 and June 10, 2013 Land Use &
Planning Board Workshops.
2 Amend Title 15- Zoning
Ordinance
11
H. On July 22, 2013, after holding a public hearing, the Land Use
and Planning Board recommended adoption of the amendments to KCC
15.02 and KCC 15.04. The Economic and Community Development
Committee considered this matter at its August 12, 2013 meeting, and the
city council considered this matter at its August 20, 2013 meeting.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. —New Section. Chapter 15.02 of the Kent City Code,
entitled, "Definitions," is amended by adding a new section 15.02.026_1,
entitled, "Assisted living facility," to read as follows:
Sec. 15.02.026.1. Assisted living facility. Assisted living facility
means an establishment that provides living quarters and a variety of
limited personal care and supportive health care monitoring to more than
ten (10) individuals who may be unable to live independently due to
infirmity of age, or physical or mental handicap, but who do not need the
skilled nursing care of a convalescent home or a residential facility with
health care. These facilities may consist of individual dwelling units, with
separate bathroom facilities, a full kitchen or no kitchen. In addition,
these facilities may have communal dining areas, recreation facilities
(library, lounge, game room), laundry facilities and open space. An
assisted living facility is not a group home or a residential facility with
health care.
SECTION 2. —Amendment. Chapter 15.02 of the Kent City Code,
entitled, "Definitions," is amended by deleting the following sections:
3 Amend Title 15- Zoning
Ordinance
12
fa ef4weffmgs-w��4ea4ep-ahafed
dm+ng-aFea-,,-and-r,-��&Feas.-Suc-h
her ra-afvd-4wfflig--,paee-i-n-wrdfvKitFa4
eaFe-as-descftbed-H+-a- ent-hengc-
See.---46-.G2-.G89 Gonvaleseent-4tonte Gen-valescent--heme
d-of
to-pfepeFlyearFe-fof-themseIv
SECTION 3. -Amendment. Chapter 15.02 of the Kent City Code,
entitled, "Definitions," is amended to read as follows:
Sec. 15.02.125. Dwelling, multiple-family. Multiple-family
dwelling means a residential building designed for or occupied by three (3)
or more families, with the number of families in residence not exceeding
the number of dwelling units provided. This definition also includes
independent senior housing far individuals sixty (60Zyears ar alder.
Sec. 15.02.131. Emergency housing, emergency shelter.
Emergency housing, emergency shelter means a facility operated publicly
or privately to provide housing for individuals or families who are otherwise
homeless and have no immediate living options available to them. Such
facilities ma rovide subpart services, food and sanitation. Emergency
housing shall not exceed a ninety (90) day period per individual or family.
4 Amend Title 15- Zoning
Ordinance
13
Sec. 15.02.135. Family. Family means
w4ffiduals-Fek�� gfeup__ef�
ffve " ®x (v) d-ef-a4ega4
faffi&4-Felatte�, it
hetr-ekeep defH9ed-+n
K40&4S.02-47-3, an individual- two or more persons related by blood
marriage ar state registered domestic partnership under Chapter 26.60
RCV1(; a group of two ar mare disabled residents_protected under the
Federal Housing Act Amendments who are not related b b marriage
ar state registered domestic partnership under Chapter 26.60 RCV1(jiving
together as a single housekeeping unit; a group of six or fewer residents
who are not related by blood marriage ar state registered domestic
partnership under Chapter 26.60 RCV1(, living together as a single
housekee e six or fewer
residents receive supportive services such as counseling foster care or
medical supervision at the dwelling unit by resident or non-resident staff,
excluding Class II and III group homes.
Sec. 15.02.173. Group home.
A. Class I group home. Class I group home means publicly or privately
operated residential facilities such as state-licensed foster homes and
group homes for children; group homes for individuals who are
developmentally, physically, or mentally disabled; group homes or halfway
houses for recovering alcoholics and former drug addicts; and other groups
not considered within class II or III group homes.
1. Group home, class I-A. A class I-A group home shall have a
maximum of sevensix (76) residents not including resident staff.
2. Group home, class I-B. A class I-B group home shall have a
maximum of ten (10) residents including resident staff.
5 Amend Title 15- Zoning
Ordinance
14
,B. Class II group home. Class II group home means publicly or
privately operated residential facilities for juveniles under the jurisdiction
of the criminal justice system. These homes include state-licensed group
care homes or halfway homes for juveniles which provide residence in lieu
of sentencing or incarceration, and halfway houses providing residence to
juveniles needing correction or for juveniles selected to participate in
state-operated work release and pre-release programs. The planning
fnanageMirector shall have the discretion to classify a group home
proposing to serve juveniles convicted of the offenses listed under class III
group home in this section as a group home class III, and any such home
shall be sited according to the regulations contained within the group III
classification.
1. Group home, class H-A. A class II-A group home shall have a
maximum of eight (8) residents including resident staff.
2. Group home, class H-8. A class II-B group home shall have a
maximum of twelve (12) residents including resident staff.
3. Group home, class H-C. A class II-C group home shall have a
maximum of eighteen (18) residents including resident staff.
C. Class III group home. Class III group home means privately or
publicly operated residential facilities for adults under the jurisdiction of
the criminal justice system who have entered a pre- or post-charging
diversion program, or been selected to participate in state-operated
work/training release or other similar programs as provided in Chapters
6 Amend Title 15- Zoning
Ordinance
15
137-56 and 137-57 WAC. Such groups also involve individuals who have
been convicted of a violent crime against a person,.—or a crime against
property with a sexual motivation and convicted or charged as a sexual or
assaultive violent predator. Secure community transition facilities are
considered class III group homes. Secure community transition facilities
shall have a maximum of three (3) residents, excluding resident staff,
unless the state agency proposing to establish and operate the facility can
demonstrate that it has equitably distributed other secure community
transition facilities with the same or a greater number of residents in other
jurisdictions or communities throughout the entire geographic limits of
King County.
SECTION 4. —New Section. Chapter 15.02 of the Kent City Code,
entitled, "Definitions," is amended by adding a new section 15.02.335.3,
entitled, "Residential facility with health care," to read as follows:
Sec. 15.02.335.3. Residential facility with health care.
Residential facility with health care means a medically staffed facility
intended far the long term residential care of more than ten (10)
handicapped individuals who. because of age ar medical canditian
incapable of independent living. This definition also includes nursing
homes as defined in RCW 18.51.010 and continuing care retirement
community as defined by RCW 70.38.025 but does not include group
homes.
SECTION 5. —Amendment. Chapter 15.02 of the Kent City Code,
entitled, "Definitions," is amended to read as follows:
Sec. 15.02.528. Transitional housing. Transitional housing
means a facility or
1 YP f 4TVfl GfG.TS-
..me nn_
7 Amend Title 15- Zoning
Ordinance
16
tmme4ete-Wffvg��
exeeed-e4weffty4e�Ltr-(24)-ir6flth-��afni�y-of-4fAw4dte4-.awned
nedb
A-Rublic housing-authority nonprofit organization ar other public interest
group, that provides housing to persons an a temporary is for a
duration not to exceed 24 months in conj-unctian with jab training? self
sufficiency training life skills training human services counseling or other
similar services. Transitional accommodation.
Transitional housing does not include group homes.
SECTION 6. -Amendment. Chapter 15.04 of the Kent City Code,
entitled, "District Regulations," is amended to read as follows:
8 Amend Title 15- Zoning
Ordinance
17
Zoning Districts
It
It It t b
K t]
Pe--yPrinnpally Permitted Uses F6 G] G] G] G] _, m It It
S=Special Uses b 9 0 b q �4 �4 q G G G
C=Conditional Uses -° U-` -° -° A 'Z 'Z G]
A=Accessory Uses t
0E It
q 6 6 6 q c) w `bt tis
T lit m E .� � ois
0 2 ais
>,
q9 0o a oo E Z 3 3 b qMr
x E ori ri a 9is
ir
w o c] w a
2 g q
y ri S
a a a a a o ?� ?� o o g o 5
ti ti o
One single family dwelling per lot P P P P P P P P P P P P I I I I I P P I A A A A
O O O O
One duplex pen lot P P P P
(27)(27)(27)
One modular home per lot P P P P P P P P P P P P
Duplexes P P P P P P P P P
(27)(27)(27)(22)
P P P P P P P P P P P P P P P P C
Multifamily townhouse units (27)(27)(27) (19)(19) (A U)C (A (A (I5)
(20)(20) (5)
P P P P P P P P P P P P P C
Multifamily dwellings (26)(26) (2) (4) (2) (2) (15)
(U
MalEi(kmily9we41ing"..{'gxtu P P P P R P C
Mobile homes and manufactured P
homes
Mobile home parks P P P P P P P
(13)(13)(13)(13)(13)(13)
Group homes class I P P P P P P P P P P P P P P P P P C P P CP CP C P
Group homes class I P P P P P P P P P P C P P C C C P
Pra�hornaseWssF6' C C C C fl li la fl la fl C C C C C 6' fl
Group homes class H A C C C C C C C C C C C C C C C C C
Group homes class H B C C C C C C C C C C C C 13)(C2
C C
Group homes class H C C C C C C C C C C C C C C C
Group homes class III C c c c c c c C c(23)(23)(23) (23)(23)(23) (23)(23) (24)
Rebuilddaccessory uses for existing P P P P P P P P P P P P P P P
dwelings (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6)
P P P_ P PjnP P P P P C
(22)(22)(22) (2] ( (]) (2) (IS)
Transitional housing SK c f 0)
Zoning Districts
9 Amend Title 15- Zoning
Ordinance
18
If
b b tt If If
aIf
stay tggq q " V VIf
P=Rincipelly Permitted Uses m m tl g b b " "
S=special uses tl If
H H q' s° �° —„ b q q q q'
G=Conditional uses Y Y ; 3 a n q q
A=Accessory uses Y L] 6 H H a a o ?C-' ''' 6 m tp tl
q q q e If b N q
[] 2 d o S S o o tp _
to is
Wsl
tp
w w w p e
a — — — 0 5 a 'W 3 a is v [] b 9 v v s
kt ip
`H c c c q' a ', x o w N 4
z q — ' � � a S
f,o ¢ M q Q E! E! O x D o
A A A A A A A A
Guest cottages and houses (s) (s) (s) (s) (s) (s) (s) (s)
(20(20(20(20(20(20(20 (20
Rooming and boarding ofnot more A A A A A A A A A A
Han tluee(3)persons
F.vorker accommodations A A A A
Accessory uses and buildings A A A A A A A A A A A A A A A A A A A A A A A A A A A A A
customarily appurtenant toe Oa)Oa)Oa)Oa)Oa)Oa)Oa)Os) Os)Os)Os)
permitted use
Acoesso dwelling A A A A A A A A A A A A A A A A A
ry g units (ID (ID(ID(ID(ID(ID(ID(ID(ID(ID (ID 1 (ID(14)(14)(14) (ID(ID
Accessory living Varters A A A A A A A A A A A A A A
(14)(14)(14) (14) (14)(14)(14)(14)(14)(14)(14)(14)(14)(14)
Home occupations A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A
00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 0000 00 00 00 00 00 00 00 00 0000 00 00
Se,ice buildings A
Storage buildings and storage of A A A A A A A A A A A A A
recreational v ehinles (16) (16)(16)(16)(16)(16)(16)(16)(16)(16)(16)(16)
Drive in churches+xsHt o C C C C C C C C C C C C C C C C C C C C C C C C C C C C C
GulAh.G '(iaeMding-enn,,ganey ) )
ahelWrs},'sb.'. nSf.,
- wales«rn61» d.rhies
welfar feeilitiee whelt prated,
.HUA,HH,sp.[.dT-fccs HS,,,{
rabilita&orwu+tu hu,,T 4,
D shelter
y housing;emergency c c c c c c c c c c c c c c c c
shelter
Assisted l g fitn1hoss 29)29)(22) ([2) L L21
S[]
Residential facilities w ithhealth _C _C _C _C _C P F P F Fk4fP P P P _C _C P P C
tD
P5P25)Q P P P P P P P
(2—
Designated manufactured home P
(25)(25)(25)(25)(25)(25)(25)
SECTION 7, —Amendment. Section 15.04.030 of the Kent City
Code, entitled, "Residential land use development conditions," is amended
to read as follows:
10 Amend Title 15- Zoning
Ordinance
19
Sec. 15.04.030. Residential land use development
conditions.
1. Dwelling units, limited to not more than one (1) per establishment,
for security or maintenance personnel and their families, when located on
the premises where they are employed in such capacity. No other
residential use shall be permitted.
2. Multifamily residential use ar other residential facilities where
allowed, shall be permitted only in the mixed use overlay when included
within a mixed use development.
3. [Reserved].
4. Multifamily residential uses, or other residential facilities where
allowed, when established in buildings with commercial or office uses, and
not located on the ground floor.
5. Multifamily residential uses, or other residential facilities where
allowed, when not combined with commercial or office uses.
6. Existing dwellings may be rebuilt, repaired, and otherwise changed
for human occupancy. Accessory uses for existing dwellings may be
constructed. Such uses are garages, carports, storage sheds, and fences.
7. Transitional housing facilities, limited to a maximum of twenty (20)
residents at any one (1) time and four (4) resident staff.
8. Guesthouses not rented or otherwise conducted as a business.
11 Amend Title 15- Zoning
Ordinance
20
9. Farm dwellings appurtenant to a principal agricultural use for the
housing of farm owners, operators, or employees, but not accommodations
for transient labor.
10. Accessory dwelling units shall not be included in calculating the
maximum density. Accessory dwelling units are allowed subject to the
provisions of KCC 15.08.350.
11. Customary incidental home occupations subject to the provisions of
KCC 15.08.040.
residents and ,
[ReservedL
13. Subject to the combining district requirements of the mobile home
park code, Chapter 12.05 KCC.
14. Accessory living quarters are allowed per the provisions of KCC
15.08.359.
15. Multifamily residential use ar other residential facilities where
allowed, shall be permitted as a conditional use only when included in a
mixed use development.
16. Recreational vehicle storage is permitted as an accessory use in
accordance with KCC 15.08.080.
12 Amend Title 15- Zoning
Ordinance
21
17. Accommodations for farm operators and employees, but not
accommodations for transient labor.
18. Other accessory uses and buildings customarily appurtenant to a
permitted use, except for onsite hazardous waste treatment and storage
facilities, which are not permitted in residential zones.
19. The following zoning is required to be in existence on the entire
property to be rezoned at the time of application for a rezone to an MR-T
zone: SR-8, MR-D, MR-G, MR-M, MR-H, 0, O-MU, NCC, CC, GC, DC, or
DCE.
20. All multifamily townhouse developments in the MR-T zone shall be
recorded as townhouses with ownership interest, as defined in KCC
15.02.525.1, prior to approval of a certificate of occupancy by the city.
21. Subject to KCC 15.08.160(A) and (B), Accessory buildings.
22. One (1) duplex per lot is permitted.
23. Secure community transition facilities are permitted only in the GWC
zoning district.
24. Class II and class III group homes, other than secure community
transition facilities, are not allowed in this zoning district. A secure
community transition facility shall also comply with applicable state siting
and permitting requirements pursuant to Chapter 71.09 RCW. Secure
community transition facilities are not subject to the siting criteria of KCC
15.08.280 for class III group homes, but they are subject to a six hundred
(600) foot separation from any other class II or III group home. In no case
shall a secure community transition facility be sited adjacent to,
13 Amend Title 15- Zoning
Ordinance
22
immediately across the street or parking lot from, or within the line of
sight of risk potential activities or facilities in existence at the time a site is
listed for consideration. Within line of sight means that it is possible to
reasonably visually distinguish and recognize individuals. For the purposes
of granting a conditional use permit for siting a secure community
transition facility, the hearing examiner shall consider an unobstructed
visual distance of six hundred (600) feet to be "within line of sight." During
the conditional use permit process for a secure community transition
facility, "line of sight" may be considered to be less than six hundred (600)
feet if the applicant can demonstrate that visual barriers exist or can be
created that would reduce the line of sight to less than six hundred (600)
feet. This distance shall be measured by following a straight line, without
regard to intervening buildings, from the nearest point of the property or
parcel upon which the proposed use is to be located, to the nearest point
of the parcel or property or the land use district boundary line from which
the proposed use is to be separated. For the purpose of granting a
conditional use permit for a secure community transition facility, the
hearing examiner shall give great weight to equitable distribution so that
the city shall not be subject to a disproportionate share of similar facilities
of a state-wide, regional, or county-wide nature.
25. A designated manufactured home is a permitted use with the
following conditions:
a. A designated manufactured home must be a new
manufactured home;
b. The designated manufactured home shall be set upon a
permanent foundation, as specified by the manufacturer, and the space
from the bottom of the home to the ground shall be enclosed by concrete
14 Amend Title 15- Zoning
Ordinance
23
or an approved concrete product that can be either load bearing or
decorative;
C. The designated manufactured home shall comply with all city
design standards applicable to all other single-family homes;
d. The designated manufactured home shall be thermally
equivalent to the State Energy Code; and
e. The designated manufactured home shall meet all other
requirements for a designated manufactured home as defined in RCW
35.63.160.
26. Multifamily dwellings shall be allowed only within the Kent downtown
districts outlined in the Downtown Strategic Action Plan and shall be
condominiums recorded pursuant to Chapter 64.32 or 64.34 RCW or
similar dwelling units with ownership interest and recorded as such prior to
approval of a certificate of occupancy by the city.
27. Within subdivisions, as defined by KCC 12.04.025, vested after
March 22, 2007, or altered to comply with zoning and subdivision code
amendments effective after March 22, 2007, twenty-five (25) percent of
the total number of permitted dwelling units may be duplex or triplex
townhouse structures.
28. Live-work units; provided, that the following development standards
shall apply for live-work units, in addition to those set forth in KCC
15.04.190:
a. The unit shall contain a cooking space and sanitary facility in
conformance with applicable building standards;
15 Amend Title 15- Zoning
Ordinance
24
b. Adequate and clearly defined working space must constitute
no less than fifty (50) percent of the gross floor area of the live-work unit.
Said working space shall be reserved for and regularly used by one (1) or
more persons residing there;
C. At least one (1) resident in each live-work unit shall maintain
at all times a valid city business license for a business on the premises;
d. Persons who do not reside in the live-work unit may be
employed in the live-work unit when the required parking is provided;
e. Customer and client visits are allowed when the required
parking is provided;
f. No portion of a live-work unit may be separately rented or
sold as a commercial space for a person or persons not living on the
premises, or as a residential space for a person or persons not working on
the premises;
g. The multiple-family design guidelines and development
standards do not apply to live-work units;
h. Construct all nonresidential space, to the maximum allowed,
to commercial building standards; and
i. Provide an internal connection between the residential and
nonresidential space within each unit.
29. Subiect to the maximum permitted density of the zaning district.
16 Amend Title 15- Zoning
Ordinance
25
30. Conditional use when the number of residents exceeds twenty L201
- —
at any one 11JUme and four (4)-resident staff.
SECTION S. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 9. - Severabilitv. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTIONS. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
ARTHUR "PAT" FITZPATRICK, ACTING CITY ATTORNEY
17 Amend Title 15- Zoning
Ordinance
26
PASSED: day of 2013.
APPROVED: day of 2013.
PUBLISHED: day of 2013.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
FIAQvllA0,J,n,o[6AZoolo9 Rovls.on,15 02 And 15.04.D-
18 Amend Title 15- Zoning
Ordinance
ATTACHMENT B
September 9, 2013 27
ECDC
Proposed definition amendments to Kent City Code Title 15.02:
ADD DEFINTION FOR; Assisted living facility means an establishment that
Assisted living facility provides living quarters and a variety of limited
personal care and supportive health care monitoring
to more than ten (10) individuals who may be
unable to live independently due to infirmity of age,
or physical or mental handicap, but who do not need
the skilled nursing care of a convalescent home or a
residential facility with health care. These facilities
may consist of individual dwelling units, with
separate bathroom facilities, a full kitchen or no
kitchen. In addition, these facilities may have
communal dining areas, recreation facilities (library,.
lounge game room), laundry facilities and open
space. An assisted living facility is not a group home
or a residential facility with health care.
DELETE DEFINITION FOR;
Congregate care facilities of facilities, such as kitchens, airing aFeas, and
kitchens and dining space dwelling
1'fenge.
DELETE DEFINITION FOR; Genv ~'escent henge n9eans any henge place,
ce
Convalescent home
the epeFatOF, who by Feasen of illness OF infiffigityT
establishment shall be duly licensed by the state-af
Washington g I....ge" on aCCOFdance
REVISE DEFINITION FOR: Multiple-family dwelling means a residential building
Dwelling, multiple-family designed for or occupied by three (3) or more
families, with the number of families in residence not
exceeding the number of dwelling units provided.
This definition also includes independent senior
housing for individuals sixty_(60) years or older.
1
28
REVISE DEFINITION FOR: Emergency housing, emergency shelter means a
Emergency housing, facility operated publicly or privately to provide
emergency shelter housing for individuals or families who are otherwise
homeless and have no immediate living options
available to them. Such facilities may provide
support services, food and sanitation. Emergency
housing shall not exceed a ninety (90) day period
per individual or family.
REVISE DEFINITION FOR: Family means
Family blood OF legal fangilial Felatienship, OF a gFOUP of not
by blood OF a legal familial Felatienship,
F......theF on a dwelling nit as a single, nenPFOfit
housekeeping unit, a*eluding class I, II, and III
g;Oup he ,es as defined On 15:92178. an
individual; two or more persons related by blood,
marriage or state registered domestic partnership
under Chapter 26.60 RCW; a group of two or more
disabled residents protected under the Federal
Housing Act Amendments, who are not related by
blood, marriage or state registered domestic
partnership under Chapter 26.60 RCW, living
together as a single housekeeping unit; a group of
six or fewer residents, who are not related by blood,
marriage or state registered domestic partnership
under Chapter 26.60 RCW, living together as a
single housekeeping unit; or a group living
arrangement where six or fewer residents receive
supportive services such as counseling, foster care,
or medical supervision at the dwelling unit by
resident or non-resident staff, excluding Class II and
III group homes.
REVISE DEFINITION FOR: A class I-A group home shall have a maximum of
Group home, class I-A -ensix (76) residents not including resident staff.
DELETE DEFINITION FOR:
Group home, class I-C. Will __ a;_}_;_}
be based upon the density of the unde
--..'..._-d.--. .---. .--.
2
29
ADD DEFINITION FOR: Residential facility with health care means a
Residential facility with health medically staffed facility intended for the long-term
care residential care of more than ten (10) handicapped
individuals who, because of age or medical
condition, are incapable of independent living. This
definition also includes nursing homes, as defined in
RCW 18.51.010 and continuing care retirement
community, as defined by RCW 70.38.025, but does
not include group homes.
REVISE DEFINITION FOR: Transitional housing means a facility epeFated
puviTC�j�ef�OF �vately te�de hou songf6F
Transitional housing nd;v;dual_ _ F_,_;,;.._ who __e etw _...:_ w _ ,
and have .. etheF i . that. living options available
to theng. TFansitienal housing shall net eXceed a
twenty fear (24) ment eerie der fangily OF
0ndivtduakowned by a public housing authority,_
nonprofit organization or other public interest group,.
that provides housing to persons on a temporary
basis for a duration not to exceed 24 months in
conjunction with job training, self sufficiency
training, life skills training, human services
counseling, or other similar services. Transitional
housing is not a transient accommodation.
Transitional housing does not include group homes.
3
30
This page intentionally left blank.
ATTACHMENT C
September 9, 2013 31
w
o � m
o f E
w V L V
N W a m C W C C O. w 3 o O w
J N N N J w J N ,A
o -° C O M
° a w C
O m i 2 M V a 3 w O c v,
C N C C V L C W W O a C N
W JOE O E 10 J C a 0 0
O O U �, O j O� W ° ° yNi N W w
U N
V
p -O V C
?� U y
m L C -O w twi O W W W 3 W V w
C — O O E
E
E
.0 m C C m W O
i �
C N C
p J V J a V
m w 0 L U i
m C m ,J V 3 w O C L w E V L L
L V V V = C O
°j- �O 0 w O C W J a J C N V O
.1 O C W �' O O J J O
E u C w m C W U a O L O c
N O E J C V W J y m O
E s 3 w °_ o n o v J
w u E mw
O� C C O O
N 01 W '�A i0 N C O U J J V J
C w C M 0 OyR J j� E N 0 — —
',�,
V, W C
° x N 0 u C U w
A U u ° i y O
LL
N V E C C O — L N O 0
N L d J C — �n w 0 'O w W l O J y w V y
> E o
w) E C .L -O
C J O L n E
0 3
CUdd wwC L ILvV Uya UCw
-OC
` CJ V m
O > O O
o O C J
C = O mV d O O
O WCO O
O w m O wCa 0E O
° O > O w
woo o E =a m , cm E a E LE J ° m EO w w OO w
J w E
O 0
EO_J0w
a T T L W
N U
m T� E o c a y o o V s O w o o m a m �° w E
X L J ?i — V +� N
_ O j O W C a y O. E j C J V, i
C E L J w �i Vwi J w U ° w
O O O L L O J �/, > C L V > > J N
w
w J C T 0_ O w u ° c E L V O w U V V C C E w
a w - E V°i N O u w C C w w C C Qj E C L T V V L 0
E a C E N
m L C N C w w w OJ" O
O E E u E 0 3 -o v E Q C a E E E T v £ O O C7
C T O T N L C V ?
L m O V w 0 o� s �, m o m F
C n o £ O a Q S ° n = 3 v £ n Q $ m
C N
O C L
> p O O C
N 2 y C f O
a — C
7 L a O L 9
n Q rL rL U C W
32
w a 0
-o J o o m
W
N A O 0 _0 w W C L O 0 U 0 W
o 0
E S
yJCm W vC Ewv L0mv W a O C X
O WO
+0 0 i O VV O 0
V' > 0 Q
0
O u
W W 0 C O C O
0 O
W
° 0 o m
0 V O W WI
C M C
O L 0 m 0 n E m ,mn W O W W O1 E m Jo ° E `w
N O J _
0 L O 0 E m W m O� m W C C Q
m V _ C O C m W L 01 0
O W E O X m 0 L L d m L w a m C 3
V v u o m m E v v N m X W m L O j W
00 0 d O C W `1 0 m C W .- V .y 0 V
N C 0 m O '� i U N 0 U m m O� J O i m C T
CL m O O� y C p� m 0. 0. C i W m 0 0 O U IL V
C - U E O C o C L U W - V m w C " N !A N YA
.- W m 0 O. m = C V i -0 O X d T m L W
v W 3 m D y W W J 0 m L O. W C m C y0 F w E
m m 3 w V $ a '-' w m 0
W Lj N O C C i 00
-0 j E W W C 01 C W J W m y L W o M y U C
m U '� O T C m U i O
> T . 0
m m O C J m V
- L 01 J \ J J C W C =o J
L W L u m X C m W m C V
E J U C 0 U X
W O N E U N i0 C _0
W >
. m
D OC > d M(NO -'W-omm im O
0 O vO W
E w C O
o 0 E ? m WCJ
Eo \ , ? ao
N O
0 E W W 0 0
L wOO OE Q o m 0 0
W WNmC
0
C T O E O O W Co m y '0 y V m O� W W i C C O L p_
V L W W m E W -0 U J �' O m m C m 0 0 U i W U
U v W 0 0 m '� m '� J 0 > .> C m Q L m
w w C a 0 m J C O� w m W W = 0 _ 0 U 3
m L J V O� m L -0 0 C L Q m - C i V O V 0
L u N N T C C 0- 0 C -O W W m 0 u w 3 -OO O W U L E W 0 L 0
T u O. W m m U N C L U m > m m C T '> E o E U L
3 a m a m m a W L vw, m 10 YJ E W m W
m 10 0 -o w a m m p a o� m o `0 w Q W E n � a
s O " ° £_ a w X F .w, w v w Q m ,�-, E o m YJ o� a n Q -o o
C W
- L m L 3 m w t O W W U C N m 0 C a v i
M J m m C 0 v m � y v m m i m m J V U J
U 3 a C v twi O W 0 v E C V W E T C C L w W U T O N 0
v m 0 W U _d v 0 W C '0 O L N J m O m W
i C m p_ N m w U C 3 U N u W E � 3 m E m1 IL i
m 'V m m 0 0 0 E C m T E m N m ll� u 0 m m W L C U
-OO w w -0 d v m W W p m m m m m O W 0 L -0 E C
U L d - i w - i L Q m U C T W C d W m w 0 .
_ O 0
W O W C W w 0 i L V YJ p_ O W W m J U C O�
o f w C W 01 m W C W U 0. a IL 0 w 0 m m V J E
V m L> J W - m O yJ W y W w 0 i C m u .. o w W W '� O O
V U p_ J W - mC - m i
W v U w Wm m O V W 0� W K C W J i m J W m m m J
o C m m -o = L W w U W U d C m w C C
s J E o o m m w o n E m m s -o ._ m m ? L ._
u m O W W 3 C J O m U C m 0 U m 0 C C L O m p m C W E
m C OD W W mm 'CC
E W 0 N - U 3 C mC L0
O m0 mm > J 0 Cm m
0 w
0 L w m o L i E V - Q L m L a 0 L a W E u o L U m U
/E o O .� 3 'm Q V C C W Q w W O� E v 0 0 E m J E —` C m '0 E m
m OV i M U i C 01 m w d m y W u i
W m V L T C C O W _� C U m `T C
L m J m 0 m Q O Z 0 i m W W C W - 0
F C m V Z E m m E m i '-' E -0
V J IL m W 0 O ll O y N X W �L C
V = 0. p V m .i d N IL V J W L m
m Y
A C_
O
Y � Y
� O C
w L
W LL 2
33
a
.. V 0 v p� 00 u O L
6 W J $� L N q 0 OI O 0 L C 0 0
U T C VOi V t G O. i —
'�
� W
1Cn W W VI
O 0 O N
.V E
o a
E ww
VWi v C Q W
N O
L C V
1p L .� C 01 Ai Q y jp
W o =
O V i N E W
00
C — - Q
3 E W W W c -0 :E
0
y O y CL U O C .O W ati U ` W W vWi O W
L O� W U U W OI W E W J iD V
0
n w o m 14 w = o, U K a ET
C L C 0`
N Tj J L O C r ¢ N O ° U
W o w
W u V u V V W 0 g
O V O W L O _ O
0 L N W
O
U O W � X VI iD
J W L 3 c y C C 0 -
m E o U U O1 �_ a v °0 -W0 E O a `m
p V W 0 3 L V O Q C O E L N �_ 4 r C C O V W W
C � T W C N J d m L V E " W U
O Q E W O. 0 \O N W C C i y
W N L OO O W
E 0
T O
_ OWL NO� O Q WmW WL UCW UYW
E U J
Y
m
A O
� U
m Y
N � C
34
W O p
L W U m O L W
O C
L N 0 w C 0 0 Qj J
W V W C
p E m E O YJ J W v j W V W J
Eo
y L 01
C C U N i w
� =
W O -w
y `mO nUTNW .�3>W. £
O 3
X C C O V O
w
w O
L C V
E p _CJ
CWmO
. LOWOC
�
O O O
y0C d W J C0 W W WO vi C>_ LW
C m W
J O E '^ m
O Q O O y0
O i U m m L > O E > E ,>
O -
E 0 0 V
Ii J N X W J 0 C d V E
0 O y V E V O m L O O
+ V
O
po
U O d W m
W C E +' �' �n 41 _ m O W m O W
O W O J N N C 'j 01 N m C
an d d C m U m 0 0 = C '� W W J
W J O J m C 'y > U C O i -0 d
00 p
U O C m V = 0 0 L
N L N N J W W N w O p. J
W 0 N
O a O
m O� pp
O m m 0 N p O L 3 C_ d U7 N N 'E 0-L w
-0 V a .0 OO i Wj Jom LO V O
0 O
0 o W m i E T L m m 00 W W N m W 'v C
W
U O m L m y N N N J J v N -0 v -O 0
y L J E V m F V K iwi C E m E w V
L m m p E V E C7 C O U C m 3 0 O
'.1 m 0 0 Q J O E C V
O V O m 0 W L LW OO O O
O V O 0 ECWm
O
O O 0 wC 0
O OmC
O > L W C y W W
O C w p_ W 0 C L C O C O1 m > y 0 E N
j
i d E C W i O C O i O O O 0 3 o W m V J O�`� O
O C V V m m �n m m d E C O C 0 2
O N J d L W v W m m W y u W m C+
i� `°T- OC .°�- oO -JoJ °T- .m, ul •LO`• O Oo E
JW o ° O x W o
W w f 0 C o
Em o E O E ° n
0 v ; .- E
W o o o 0wo 0 C O OO E W
m O C CE C C i L iO -
O C q m0 0 W O O0mO
w 0 E
O O E 0 0 O C O W wW C - > - -
io
E EE Q > ` oo o `waCm
U N .� C .� L 10 `T
IL W W O `E c m 0 U IL OL 1 m C IL 0 y -O W -O W a IE
a V _ Q n m 0 Q 0 Q V F Q C Q .� E m
� L y
N
m
9 L E
L m 7 C p m V E m
d = v ° m E .° .m. c
mY 3 > v e E m o 0
F f z O a' C'd ce ie re =J) in
35
C w U
w L w
N W a o f
U K O 1 E V
w V m N
3 0 0 C V
w
o > W
-
u U i
O N J C V
U 15 w
w C C C O y
J O
w 3 a w 0 V o
O C w O w U
d w L N N
E C O
'n w O w O L
w C U
U N O p N C aJ
� L
W N WOUi
p C w O
U
a 0 O V W
O u - - u V
D J C w w w
E 0 LO U
O C_ C 0 E C
O O _ w
w OV U - E
3 10 3 w m L E
w w o a n
._
a '�' .L, on
a
`o� 0 w
3 m '^ _�
O C
o '- a o w w
m mm w E V W w N
N >N a M 0 i E
> C
N w E L J
E w
o u O 3 , `O
C C a
O J w O L J N
U U N .0 C V p
O w E C C J 0 0
O C - - p
W
w O D
M
N m w y 3 a V
p V 0 > w
N w W O O C W
w E o w v O O
O - V C O O
O
L O - V
C
C m 0 0 C J
w D
O -O u mU U i N
E m w C
p. N L 'U LJ O
O L w
O V O V E
N
3 m -o J YJ o f
O L w J w
w L N 01 rvCr
_ J C
C U - - 0 E O O
QEaIwD PLC
E a 0 n J w w
o Q v, b o E a ma
a w C J � C >
> w E -o 'v, o
w — X C N a
N
_ T w w E Q
d
L
O �p
u O
C O
7
36
This page intentionally left blank.
ATTACHMENT D
Group Homes September 9, 2013 Page 1 of 4 37
ECDC
Reviewed 02/2012
Group Homes
Contents
® Introduction
® Statutes
® Selected Court Decisions/Attorney General Opinions
a Local Ordinances
® Articles
Introduction
Although there is not a specific legal definition of a "group home," that term has come to commonly
refer to group residential environments for people with disabilities, mental or physical, In his 1997
paper on Local Control and Reoulation Versus Federal and State Falr Houslna Laws (M), Ted Gathe,
City Attorney of Vancouver, discusses their genesis:
The deinstitutionalization of persons with mental and physical handicaps has rapidly
occurred throughout the country in the last several decades. This has resulted in a -
proliferation of alternate living arrangements commonly referred to as "group homes."
Such homes allow handicapped individuals to live together in a residential setting with
the advantages of a family like structure. For many such individuals, group living
arrangements are beneficial for integrating into society as well as economically
necessary.In recent years,the group home concept has included a number of
unsupervised, self-governing homes that provide housing for recovering alcoholics and
drug addicts.A prime example are the Oxford Houses found in many communities
throughout the country.
The Increase in the numbers of group homes desiring to locate in residential areas has been
controversial, as have municipal attempts to regulate their location. As a result, federal and state
laws have attempted to address the discrimination these homes have experienced, primarily in urban
settings. This page Is Intended to provide information on the various laws that apply to local
regulation of group living arrangements, and on how local governments have approached regulating
such arrangements.
Statutes
m Federal Fair Housing Act Amendments of 1988 - 42 U.S.C. § 3601 et sea.
n Washington Housing Policy Act- RCW 35.63.220, RCW 35A.63.240, RCW 36.70.990:
No [city/county] may enact or maintain an ordinance, development regulation, zoning
regulation or official control, policy, or administrative practice which treats a residential
a similar residential
persons with handicap
s different) than m
structure occupied b n Y
P Y P P
structure occupied
Y a b familyor other unrelated Individuals. As used in this section,
"handicaps" are as defined in the federal fair housing amendments act of 1988 (42
U.S.C. Sec. 3602).
n RCW 70.128.140(2):
An adult family home must be considered a residential use of property for zoning and public and private
utility rate purposes.Adult family homes area permitted use in all areas zoned for residential or .
commercial purposes,including areas zoned for single-family dwellings.
hq://www.mrse.org/subjects/housing/group.aspx 1/29/2013
Croup Homes Page 2 of 4 38
Selected Court l)eeisions/Attorney General ®pinions
Federal Case Law
® City of Edmonds v. oxford House, Inc. 514 U.S. 725 (1995) FHAA violated by zoning ordinance
The U.S. Supreme Court held that the 1988 Fair Housing Act amendments prevent a city
from enforcing a zoning ordinance limiting the number of unrelated persons who could
live in a dwelling located in an area zoned for single family use, if no similar restrictions
are imposed on all residents of all dwellings. In addition, the Court held that the FHA's
exemption for local maximum occupancy restrictions, which limit the number of
occupants per dwelling typically in regard to floor space or the number and type of
rooms, did not apply to the city's single family zoning restrictions.
m Gamble v. City of Escondido, 104 F.3d.300 (9th Or. 1997) - group home denial based on size
upheld
The city denied a conditional, use permit application to construct a single-family
residence of 10,360 square feet with eight bedrooms and twelve bathrooms to house 15
elderly disabled adults with the lower portion serving as an adult day care facility. The
basis for the denial was that the proposed building was too large for the lot and did not
conform in size and bulk with neighborhood structures. The court concluded that the
city's concern for the character of the neighborhood was legitimate and
nondiscriminatory.
m Baz Area Addiction v City of Antioch, 179 F.3d 725 (9th. Or 1999) - ADA applies to.zoning
ordinances
The Ninth Circuit Court of Appeals held that Title 11 of the Americans with Disabilities Act
and Section 504 of the Rehabilitation Act apply to zoning ordinances.
r Children's Alliance v. City of Bellevue, 950 F. Supp. 1491 (W.D. Wa. 1997) - group home
dispersion requirement invalid
The federal district court in held that a city ordinance violated both the Fair Housing Act
and the Washington Law Against Discrimination in imposing burdens on group facilities
for children and people with disabilities that are not placed In families, including a 1,000-
foot dispersion requirement and a limit on the number of residents in certain zones.
State Case Law
® Sunderland Family Treatment Services v. Pasco, 127 Wn.2d 782 (1995) - "troubled youth" not
considered handicapped
The state supreme court has ruled that the fair housing protections for the handicapped
tro youth"
I" ub ed " staying in RCW 35A.63.240 did not extend to y y g in a "crisis residential
center" located in a residential neighborhood. The definition of "handicap" does not
include an impairment resulting from environmental, cultural,or economic disadvantage.
m Sunderland Family Treatment Services v. Pasco, 107 Wn. App.109 (2001) - group home for
handicapped youth In a residential area
The court of appeals reversed the city's denial of a special use permit to operate a group
care facility for handicapped youth in a residential area. The court held that, under RCW
35A.63.240, an ordinance governing home occupations In residential areas may not be
applied differently to group care facilities for the handicapped than to "families" so as to
http://www.mrsc.org/subjects/housing/group.aspx 1/29/2013
croup Homes Page 3 of 4 39
allow the exclusion of group care facilities for the handicapped from residential
neighborhoods in circumstances where "families" would not be excluded.
Attorney General Opinions
® AGO 1992 No. 25 - preemption of zoning ordinances related to state-licensed residential care
facilities
RCW 70.128.175(2) provides that adult family homes shall be permitted uses In all areas
zoned for residential or commercial purposes, and It preempts local zoning ordinances
that prohibit the location of an adult family home within a certain distance of other
similar facilities. The fact that the state licenses residential care facilities, other than
adult family homes, does not in and of Itself preempt local zoning ordinances that
prohibit the location of such facilities within a certain distance of other similar facilities.
Local ordinances
a Bellevue Municipal Code
• Part'20.30T- Reasonable Accommodation
• Sec. 20 50.020 - Definition of"Family"
• Ch. 9.19 - Group Home for Children Community Involvement Process
a Bothell Municipal Code Sec. 12.06.140.B.9 - Residential uses, Reasonable accommodation
a Edmonds Municipal Code
• Ch. 17.05 - Reasonable Accommodation Process
Ch. 20.18 - Group Homes
• Sec. 21.30.010 - Definition of"Families"
a Issaquah Municipal Code Sec. 18,07.400 Reasonable accommodation
a Mercer Island Municipal Code Sec. 19.01.030 - Reasonable accommodation
a Redmond Municipal Code Sec 20F.40.100 - Reasonable Accommodations for Persons with
Disabilities
a SeaTac Municipal Code
• Sec. 15.12.017 - Community Residential Facilities
• Sec. 15.12.018 - Accommodation of Persons with Disabilities
a Seattle Municipal Code Sec. 23.40.040 - Reasonable accommodation
a Snohomish County Amended Ordinance No. 04-010 (M-) - Social service facility uses, 03/2004
Articles
w Local Control and Regulation Versus Federal and State Fair Housing Laws (M), by Ted Gathe, City
Attorney of Vancouver, May 1997 (posted with with permission of the author and the Washington
State Bar Association) - Although written in 1997, this article still provides a good overview of the
legal Issues involving the regulation of group homes and of local government approaches to this
Issue.
a Group Homes Local Land Use and the Fair Housing Act (M), Joint Statement of the Department
of Justice and the Department of Housing and Urban Development, August 18, 1999 - This still
the Fair Housing relevant joint statement addresses9
Act's effect on the ability of local governments
to exercise control over group living arrangements, particularly for persons with disabilities, In a
helpful questions and answer format.
n Discriminatory Zoninq and the Fair Housinq Act (93), Disability Rights Network of Pennsylvania,
February 2007. This document, written from the perspective of disability rights advocates,
provides helpful summaries of and citations to case law dealing with local government regulation,
particularly zoning, of group homes.
Related MRSC Resources
MRSC Index - Housing, General
I
http://www.=sc.org/subjects/housing/group.aspx 1/29/2013
Group Homes Page 4 of 4, 40
MRSC Index - Group homes halfway houses residential care facilities assisted living facilities,
congregate care
I
http://www.mrsc.org/subjects/housingigroup.aspx 1/29/2013
ATTACHMENT E
September 9, 2013 41
ECDC
JOINT STATEMENT OF THE DEPARTMENT OF JUSTICE AND THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
GROUP HOMES,LOCAL LAND USE;AND THE FAIR HOUSING ACT
Since the federal Fair Housing Act("the Act")was amended by Congress in 1988 to add protections for
persons with disabilities and families with children,there has been a great deal of litigation concerning
the Act's effect on the ability of local governments to exercise control overgroup living arrangements,
particularly for persons with disabilities.The Department of Justice has taken an active part in much of
this litigation,often following referral of a matter by the Department of Housing and Urban
Development("HUD"),This joint statement provides an overview of the Fair Housing Act's requirements
in this area.Specific topics are addressed in more depth in the attached Questions and Answers.
The Fair Housing Act prohibits a broad range of practices that discriminate against individuals on the
basis of race,color,religion,sex, national origin,familial status,and disabilityP The Act does not pre-
empt local zoning laws.However,the Act applies to municipalities and other local government entities
and prohibits them from malting zoning or land use decisions or implementing land use policies that
exclude or otherwise discriminate against protected persons,including individuals with disabilities.
The Fair Housing Act makes It unlawful=-
To utilize land use policies or actions that treat groups of persons with disabilities less favorably
than groups of non-disabled persons:An example would be an ordinance prohibiting housing for
persons with disabilities or a specific type of disability,such as mental illness,from locating in a
particular area,while allowing other groups of unrelated individuals to live together in that area.
a To take action against,or deny a permit,for a home because of the disability of individuals who
live or would live there.An example would be denying a building permit for a home because it
was intended to provide housing for persons with mental retardation.
e To refuse to make reasonable accommodations in land use and zoning policies and procedures
where such accommodations may be necessary to afford persons or groups of persons with
disabilities an equal opportunity to use and enjoy housing.
What constitutes a reasonable accommodation is a case-by-case determination.
I
Not all requested modifications of rules or policies are reasonable. If a requested modification
imposes an undue financial or administrative burden on a local government,or if a modification
creates a fundamental alteration in a local government's land use and zoning scheme,it is not a
"reasonable"accommodation.
The disability discrimination provisions of the Fair Housing Act do not extend to persons who claim to be
disabled solely on the basis of having been adjudicated a juvenile delinquent,having a criminal record,
42
or being a sex offender. Furthermore,the Fair Housing Act does not protect persons who currently use
illegal drugs, persons who have been convicted of the manufacture or sale of illegal drugs, or persons
with or without disabilities who present a direct threat to the persons or property of others.
HUD and the Department of Justice encourage parties to group home disputes to explore all reasonable
dispute resolution procedures,like mediation, as alternatives to litigation.
DATE:AUGUST 19, 1999
Questions and Answers
on the Fair Housing Act and Zoning
Q. Does the Fair Housing Act pre-empt local zoning laws?
No. "Pre-emption" is a legal term meaning that one level of government has taken over a field and left
no room for government at any other level to pass laws or exercise authority in that area.The Fair
Housing Act is not a land use or zoning statute;it does not pre-empt local land use and zoning laws.This
is an area where state law typically gives local governments primary power. However,if that power is
exercised in a specific instance in a way that is inconsistent with a federal law such as the Fair Housing
Act,the federal law will control. Long before the 1988 amendments,the courts had held that the Fair
Housing Act prohibited local governments from exercising their land use and zoning powers in a
discriminatory way.
Q.What is a group home within the meaning of the Fair Housing Act?
The term "group home"does not have a specific legal meaning.In this statement,the term"group
home" refers to housing occupied by groups of unrelated individuals with disabilities 0 Sometimes,but
not always, housing is provided by organizations that also offer various services for individuals with
disabilities living in the group homes.Sometimes It Is this group home operator,rather than the
individuals who live in the home,that interacts with local government in seeking permits and making
requests for reasonable accommodations on behalf of those individuals.
The term"group home"is also sometimes applied to any group of unrelated persons who live together
in a dwelling--such as a group of students who voluntarily agree to share the rent on a house.The Act
does not generally affect the ability of local governments to regulate housing of this kind,as long as they
do not discriminate against the residents on the basis of race,color,national origin, religion,sex,
handicap(disability)or familial status(families with minor children).
II
Q.Who are persons with disabilities within the meaning of the Fair Housing Act?
The Fair Housing Act prohibits discrimination on the basis of handicap. "Handicap"has the same legal
meaning as the term "disability"which is used in other federal civil rights laws. Persons with disabilities
(handicaps) are individuals with mental or physical impairments which substantially limit one or more
major life activities.The term mental or physical impairment may include conditions such as blindness,
43
hearing impairment, mobility impairment,HIV infection,mental retardation,alcoholism,drug addiction,
chronic fatigue, learning disability, head injury,and mental illness.The term major life activity may
include seeing,hearing,walking,breathing,performing manual tasks,caringforone's self, learning,
speaking,or working.The Fair Housing Act also protects persons who have a record of such an
impairment,or are regarded as having such an impairment.
Current users of illegal controlled substances, persons convicted for illegal manufacture or distribution
of'a controlled substance, sex offenders,and juvenile offenders,are not considered disabled under the
fair Housing Act, by virtue of that status.
The Fair Housing Act affords no protections to individuals with or without disabilities who present a
direct threat to the persons or property of others.Determining whether someone poses such a direct
threat must be made on an individualized basis,however, and cannot be based on general assumptions
or speculation about the nature of a disability.
Q.What kinds of local zoning and land use laws relating to group homes violate the Fair Housing Act?
Local zoning and land use laws thattreat groups of unrelated persons with disabilities less favorably
than similar groups of unrelated persons without disabilities violate the Fair Housing Act.For example,
suppose a city's zoning ordinance defines a"family"to include up to six unrelated persons living
together as a household unit, and gives such a group of unrelated persons the right to live in any zoning
district without special permission.If that ordinance also disallows a group home for six orfewer people
with disabilities in a certain district or requires this home to seek a use permit,such requirements would
conflict with the Fair Housing Ace.The ordinance treats persons with disabilities worse than persons
without disabilities.
A local government may generally restrict the ability of groups of unrelated persons to live together as
long as the restrictions are imposed on all such groups.Thus,in the case where a family is defined to
include up to six unrelated people,an ordinance would not,on its face,violate the Act if a group home
for seven people with disabilities was not allowed to locate in a single family zoned neighborhood,
because a group of seven unrelated people without disabilities would also be disallowed, However,as
discussed below,because persons with disabilities are also entitled to request reasonable
accommodations in rules and policies,the group home for seven persons with disabilities would have to
be given the opportunity to seek an exception or waiver.If the criteria for reasonable accommodation
are met,the permit would have to be given in that instance, but the ordinance would not be invalid in
all circumstances.
Q.What is a reasonable accommodation under the Fair Housing Act?
As.a general rule,the Fair Housing Act makes It unlawful to refuse to make"reasonable
accommodations" (modifications or exceptions)to rules, policies, practices,or services,when such
accommodations may be necessary to afford persons with disabilities an equal opportunity to use or
enjoy a dwelling.
III
44
Even though a zoning ordinance imposes on group homes the same restrictions it imposes on other
groups of unrelated people,a local government may be required, In individual cases and when
requested to do so,to grant a reasonable accommodation to a group home for persons with disabilities.
For example,it may be a reasonable accommodation to waive a setback requirement so that a paved
path of travel can be provided to residents who have mobility impairments.A similarwaiver might not
be required for a different type of group home where residents do not have difficulty negotiating steps
and do not need a setback in order to have an equal opportunity to use and enjoy a dwelling.
Not all requested modifications of rules or policies are reasonable.Whether particular accommodation
is reasonable depends on the facts,and must be decided on a case-by-case basis.The determination of
what is reasonable depends on the answers to two questions:First,does the request impose an undue
burden or expense on the local government?Second, does the proposed use create a fundamental
alteration in the_zoning scheme?if the answer to either question is"yes,"the requested
accommodation is unreasonable.
What is"reasonable"in one circumstance may not be"reasonable"in another. For example,suppose a
local government does not allow groups of four or more unrelated people to live together in a single-
family neighborhood.A group home for four adults with mental retardation would very likely be able to
show that it will have no more impact on parking,traffic,noise, utility use,and other typical concerns of
zoning than an"ordinary family."In this circumstance,there would be no undue burden or expense for
the local government nor would the single-family character of the neighborhood be fundamentally
altered. Granting an exception or waiver to the group home in this circumstance does not invalidate the
ordinance.The local government would still be able to keep groups of unrelated persons without
disabilities from living in single-family neighborhoods.
By contrast, a fifty-bed nursing home would not ordinarily be considered an appropriate use in a single-
family neighborhood,for obvious reasons having nothing to do with the disabilities of its residents.Such
a facility might or might not impose significant burdens and expense on the community, but it would
likely create a fundamental change In the single-family character of the neighborhood.On the other
hand,a nursing home might not create a "fundamental change" in a neighborhood zoned for multi-
family housing.The scope and magnitude of the modification requested,and the features of the
surrounding neighborhood are among the factors that will be taken into account in determining
whether a requested accommodation is reasonable.
Q.What is the procedure for requesting a reasonable accommodation?
Where a local zoning scheme specifies procedures for seeking a departure from the general rule,courts
have decided, and the Department of Justice and HUD agree,that these procedures must ordinarily be
followed. if no procedure is specified, persons with disabilities may,nevertheless, request a reasonable
accommodation in some other way,and a local government is obligated to grant it if it meets the criteria
discussed above.Alocal government's failure to respond to a requestfor reasonable accommodation or
an inordinate delay in responding could also violate the Act.
I
45
Whether a procedure for requesting accommodations is provided or not,if local government officials
have previously made statements or otherwise Indicated that an application would not receive fair
consideration,or if the procedure itself is discriminatory,then individuals with disabilities living in a
group home(and/or its operator)might be able to go directly into court to request an orderfor an
accommodation.
Local governments are encouraged to provide mechanisms for requesting reasonable accommodations'
that operate promptly and efficiently,without imposing significant costs or delays.The local
government should also make efforts to insure that the availability of such mechanisms is well known
within the community.
Q.When,if ever,can a local government limit the number of group homes that can locate in a certain
area?
A concern expressed by some local government officials and neighborhood residents is that certain
jurisdictions,governments,or particular neighborhoods within a jurisdiction, may come to have more
than their"fair share"of group homes.There are legal ways to address this concern.The Fair Housing
Act does not prohibit most governmental programs designed to encourage people of a particular race to
move to neighborhoods occupied predominantly by people of another race.A local governmentthat
believes a particular area within its boundaries has its"fair share" of group homes,could offer incentives
to providers to locate future homes in other neighborhoods.
However, some state and local governments have tried to address this concern by enacting laws
requiring that group homes be at a certain minimum distance from one another.The Department of
Justice and HUD take the position, and most courts that have addressed the issue agree,that density
restrictions are generally inconsistent with the Fair Housing Act.We also believe, however,that if a
neighborhood came to be composed largely of group homes,that could adversely affect individuals with
disabilities and would be inconsistent with the objective of integrating persons with disabilities into the
community. Especially in the licensing and regulatory process,it is appropriate to be concerned about
the setting for a group home.A.consideration of over-concentration could be considered in this context.
This objective does not, however,justify requiring separations which have the effect of foreclosing
group homes from locating in entire neighborhoods.
Q.What kinds of health and safety regulations can be imposed upon group homes?
The great majority of group homes for persons with disabilities are subject to state regulations intended
to protect the health and safety of their residents.The Department of Justice and HUD believe,as do
responsible group home operators,that such licensing schemes are necessary and legitimate. Neighbors
who have concerns that a particular group home is being operated inappropriately should be able to
bring their concerns to the attention of the responsible licensing agency.We encourage the states
to commit the resources needed to make these systems responsive to resident and community needs
and concerns.
46
Regulation and licensing requirements for group homes are themselves subject to scrutiny under the
Fair Housing Act.Such requirements based on health and safety concerns can be discriminatory
themselves or may be cited sometimes to disguise discriminatory motives behind attempts to exclude
group homes from a community. Regulators must also recognize that not all individuals with disabilities
living in group home settings desire or need the same level of services or protection. For example,it may
be appropriate to require heightened fire safety measures in a group home for people who are unable
to move about without assistance. But for another group of persons with disabilities who do not desire
or need such assistance,it would not be appropriate to require fire safety measures beyond those
normally imposed on the size and type of residential building involved.
Q.Can a local government consider the feelings of neighbors in making a decision about granting a.
permit to a group home to locate in a residential neighborhood?
In the.same way a local government would break the law if it rejected low-income housing in a
community because of neighbors'fears that such housing would be occupied by racial minorities,a local
government can violate the Fair Housing Act if it blocks a group home or denies a requested reasonable
accommodation in response to neighbors'stereotypical fears or prejudices about persons with
disabilities.This is so even if the individual government decision-makers are not themselves personally
prejudiced against persons with disabilities. If the evidence shows that the decision-makers were
responding to the wishes of their constituents,and that the constituents were motivated in substantial
part by discriminatory concerns,that could be enough to prove a violation.
Of course,a city council or zoning board is not bound by everything that is said by every person who
speaks out at a public hearing. It is the record as a whole that will be determinative. If the record shows
that there were valid reasons for denying an application that were not related to the disability of the
prospective residents,the courts will give little weight to isolated discriminatory statements. If,
however,the purportedly legitimate reasons advanced to support the action are not objectively valid,
the courts are likely to treat them as pretextual,and to find that there has been discrimination.
For example, neighbors and local government officials may be legitimately concerned that a group home
for adults in certain circumstances may create more demand for on-street parkingthan would a typical
family. it is not a violation of the Fair Housing Act for neighbors or officials to raise this concern and to
ask the provider to respond,A valid unaddressed concern about inadequate parking facilities could
justify denyingthe application,if another type of facility would ordinarily be denied a permit for such
parking problems. However,if a group of individuals with disabilities or a group home operatorshows
by credible and unrebutted evidence that the home will not create a need for more parking spaces,or
submits a plan to provide whatever off-street parking may be needed,then parking concerns would not
support a decision to deny the home a permit.
Q.What is the status of group living arrangements for children under the Fair Housing Act?
In the course of litigation addressing group homes for persons with disabilities,the issue has arisen
whether the Fair Housing Act also provides protections for group living arrangements for children.Such
living arrangements are covered by the Fair Housing Act's provisions prohibiting discrimination against
l
I
i
I
47
families with children.For example, a local government may not enforce a zoning ordinance which
treats group living arrangements for children less favorably than it treats a similar group living
arrangement for unrelated adults.Thus,an ordinance that defined a group of up to six unrelated adult
persons as a family,but specifically disallowed a group living arrangement for six or fewer children,
would, on its face,discriminate on the basis of familial status. Likewise,a local government might violate
the Act if it denied a permit to such a home because neighbors did not want to have a group facility for
children next to them.
The law generally recognizes that children require adult supervision. Imposing a reasonable requirement
for adequate supervision in group living facilities for children would not violate the familial status
provisions of the Fair Housing Act.
Q.How are zoning and land use matters handled by HUD and the Department of Justice?
The Fair Housing Act gives the Department of Housing and Urban Development the power to receive .
and investigate complaints of discrimination,including complaints that a local government has
discriminated in exercising its land use and zoning powers. HUD is also obligated by statute to attempt
to conciliate the complaints that it receives,even before It completes an investigation.
In matters involving zoning and land use,HUD does not issue a charge of discrimination. Instead,HUD
refers matters it believes may be meritorious to the Department of Justice which,in its discretion,may
decide to bring suit against the respondent in such a case.The Department of Justice may also bring suit
in a case that has not been the subject of a HUD complaint by exercising its power to initiate litigation
alleging a "pattern or.practice" of discrimination or a denial of rights to a group of persons which raises
an issue of general public importance.
The Department of Justice's principal objective in a suit of this kind is to remove significant barriers to
the housing opportunities available for persons with disabilities.The Department ordinarily will not
participate in litigation to challenge discriminatory ordinances which are not being enforced,unless
there is evidence that the mere existence of the provisions are preventing or discouraging the
development of needed housing.
If HUD determines that there is no reasonable basis to believe that there may be a violation,it will close j
I
an investigation without referringthe matter to the Department of Justice.Although the Department of
Justice would still have independent"pattern or practice"authority to take enforcement action in the
matter that was the subject of the closed HUD investigation,that would be an unlikely event.A HUD or
Department of Justice decision not to proceed with a zoning or land use matter does not foreclose
private plaintiffs from pursuing a claim.
Litigation can be an expensive,time-consuming,and uncertain process for all parties.HUD and the
Department of Justice encourage parties to group home disputes to explore all reasonable alternatives
to litigation,including alternative dispute resolution procedures, like mediation. HUD attempts to
conciliate all Fair Housing Act complaints that it receives.In addition,it is the Department of Justice's
48
policy to offer prospective defendants the opportunity to engage in pre-suit settlement negotiations,
except in the most unusual circumstances.
1.The Fair Housing Act uses the term"handicap."This document uses the term "disability"which has
exactly the same legal meaning.
2.There are groups of unrelated persons with disabilities who choose to live together who do not
consider their living arrangements "group homes,"and it is inappropriate to considerthem "group
homes" as that concept is discussed in this statement.
i
i
I
u
i
I
li
49
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred Satterstrom, AICP, Director
• Charlene Anderson, AICP, Manager
K ENT
WnsniecToe Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
September 6, 2013
TO: Chair Jamie Perry and Economic & Community Development Committee
FROM: Charlene Anderson, AICP, Planning Manager
SUBJECT: Right Size Parking Policy Demonstration Project
For the meeting of September 9, 2013
MOTION: None. For Information Only
SUMMARY: Staff is delighted to report that the City has been chosen for a right
size parking policy demonstration project managed and funded through a King
County Metro (KCM) grant from the Federal Highway Administration. The concept
behind the Right Size Parking project is that over-supply of parking presents
barriers to smart growth and efficient transit service, and affects the ability to
create compact, healthy communities. Over-supply leads to increased automobile
ownership, vehicle miles traveled, congestion and housing costs. Therefore,
parking should be "right-sized".
BACKGROUND: The City and Kent Downtown Partnership jumped at the chance to
submit a proposal to have a highly-experienced project team, managed and paid
for by KCM, help the City create a parking code and parking management strategy
in the Kent Downtown. As the City transitions from a suburban retail center to an
urban mixed-use center around a transit node, a parking code and management
strategy recognize the economic value of parking stalls and support the appropriate
prioritization of parking users. Accessing the substantial experience, research,
tools, and policy guidance of KCM's professional team to address real and perceived
parking concerns in Kent gives the effort credibility and value.
Staff will briefly discuss the project with the ECDC on September 91h and looks
forward to the KCM team introduction and discussion at a future meeting. In the
meantime, information on the Right Size Parking project can be viewed at
http://metro.kincicounty ciov/up/projects/right-size-parking1.
CA/pm S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2012\CPA-2012-1 Downtown\Parking\090913_ECDCMemo_Nght-Sire_Parking.doc
cc: Ben Wolters,ECD Director
Fred Sattembrom,AICP,Planning Director
Charlene Anderson,AICP,Planning Manager