HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 10/26/2015 44 LAND USE AND PLANNING BOARD
4' MINUTES
WASHINCTON OCTOBER 26, 2015
1. Call to Order
Chair Smith called the meeting to order at 7:04 pm
2. Roll Call
• LUPB Members: Randall Smith, Chair; Frank Cornelius; Katherine Jones; and Jack
Ottini were in attendance. Barbara Phillips, Vice Chair; and Navdeep Gill were
absent and excused. Binoy Varughese was absent and unexcused.
• City Staff: Matt Gilbert, Current Planning Manager; Hayley Bonsteel, Long Range
Planner; Erin George, Senior Planner; David Galazin, Civil Attorney; were in
attendance.
3. Approval Minutes
Board Member Ottini MOVED and Board Member Cornelius SECONDED a
Motion to approve the Minutes of June 8, 2015. MOTION PASSED 4-0.
4. Added Items
None
S. Communications
None
6. Notice of Upcoming Meetings
None
7. Public Hearing
Accessory Dwelling Units (ADU) Zoning Code Amendment rZCA-2015-31
Hayley Bonsteel, Long Range Planner, submitted an email comment from Craig
Preston defined as Exhibit One (1), for the record. This zoning code amendment
request was submitted because the current application of ADU regulations does not
allow a detached garage and a detached ADU to be in the same structure without
significant size restriction. This request illuminates the need to reassess the city's
accessory building standards as the City allows many types and sizes of accessory
buildings with several standards limiting the bulk. As part of staff's work program
and upon direction from the Board, staff included an analysis of all accessory building
coverage. Proposed code amendments will address the purpose of the original
request as well as some of these broader issues.
The city is required to incorporate ADU regulations by state law and for city
populations over 20,000. ADUs capitalize on existing housing stock by
complementing single family residential areas. They provide a form of income and
flexibility for changing demographics. They can provide housing options for aging
family members. Fifteen ADUs have been permitted within the last 15 years.
Surveying some existing ADU home owners suggests that ADUs are being used for
various purposes (both attached and detached units). Some other jurisdictions
promote and incentivize ADUs. Although staff favors incentivizing ADUs, construction
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traffic, and school impact fees remain high and this proposal does not address
impact fees.
Bonsteel explained that the proposal clarifies definitions, removes ineffective
regulations and adds new regulations such as: only 15 percent of a lot (when
combined) can be covered with accessory buildings; and restricts accessory building
heights to 23 feet maximum.
Requirements are proposed to ensure that exterior finish material, trim material and
roof pitch match the primary structure. Attached ADUs would not be subject to the
same regulations as detached units, as they are essentially a home expansion.
Purpose statements have been updated for clarity and housekeeping edits
completed.
Board Member Jones MOVED and Board Member Cornelius SECONDED a
Motion to admit Exhibit One (1) into the record. MOTION PASSED 4 to O.
Chair Smith Opened the Public Hearing on Accessory Dwelling Units.
Craig Preston 20114 101s' Court Southeast, Kent, WA 98031 stated that he would
like staff to evaluate the feasibility of decreasing some of the associated impacts
fees.
Board Member Cornelius MOVED and Board Member Jones SECONDED a
Motion to recommend to the City Council approval of the proposed code
amendments to Title 15 of the Kent City Code (KCC) including new
regulations in KCC 15.08.160 regulating all accessory buildings, along with
related amendments to KCC Sections 15.02, 15.04 and 15.08, as presented
by staff. MOTION PASSED 4-0.
Assisted Living Facilities (ALFs) Zoning Code Amendment rZCA-2015-41
Bonsteel submitted two exhibits for the record: Exhibit 1; Email from Khalid Husain
dated October 21, 2015; and Exhibit #2 a letter from G. Richard Hill with McCullough
Hill Leary dated October 22, 2015.
Board Member Ottini MOVED and Board Member Cornelius SECONDED a
Motion to accept the two exhibits into the record. Motion PASSED 4-0.
The intent of this zoning code amendment is to allow ALFs within General
Commercial and Community Commercial zones without a commercial component.
ALFs currently require a 25 percent commercial component. ALFs are one type of
elder care facilities that exist along a spectrum of facilities such as: independent
senior housing and retirement communities; assisted living, nursing homes, and
Continuing Care Retirement Communities (CCRCs).
This request pertains to assisted living facilities. However, Kent's definitions include a
category titled `Residential Facilities with Healthcare' that contains both nursing
homes and CCRCs. These facilities are zoned identically to ALFs. Staff categorized
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them together and proposes amendments that encompass assisted living, nursing
homes and CCRCs.
Staff evaluated trends in the community and best practices by experts on aging to
decide whether or not assisted living facilities and residential facilities with
healthcare shall be permitted in commercial zones without a commercial component.
In general, mixed use as a land use concept and goal fits with the trends in the
industry, and fits with best practices.
These facilities should be located close to services and amenities. New facilities
would be transit-oriented and walkable. Residents would be able to interact with
people from all generations, integrate into the community, and be close to
restaurants, shops, and theatres. Best practices places these housing communities
close to services and facilities, encourages participation and addresses isolation,
convenience and affordability.
Staff has received comments from the development community citing the 25%
requirement as too prohibitive. Therefore, staff has pursued ideas that would achieve
some of those goals without mixed use requirements. Staff devised a potential
method to ensure ALFs and residential facilities with health care fit with some of the
city's mixed use goals even without the commercial component on site.
Staff proposes amendments that would require a conditional use permit for those
facilities without a commercial component on site or don't fit the mixed use
requirement. These facilities would be subject to the following new requirement -
"they must be located within a 1/4 mile of amenities to include at least three of the
following categories: a park, school, library, community senior center, arts or
religious institution, food facilities, or retail services; A brief analysis of vacant land
shows there are properties that meet the new criteria.
Bonsteel stated that the City received comments requesting that independent senior
living be included as part of this zoning code amendment.
Staff explained that a motion will not be made tonight as staff wants to receive
additional feedback from the Board and the public on numerous issues not addressed
in this proposal such as independent senior living (ISL) which is zoned differently
from assisted living, CCRCs and nursing homes. ISLs are categorized with
multifamily dwellings, which are zoned differently.
Staff had not opened this phase up to ISLs as it would require a different analysis
and review would need to be completed to determine where ISLS should be zoned;
which was not part of the original request. Instead, ISLs were to be included in a
second phase.
Staff described a comment letter from G. Richard Hill with McCullough Hill Leary that
detailed where Kent City Code may have erroneously categorized senior living with
multifamily, describing some of the services that differ from other multifamily
facilities. Staff needs to determine what distinguishes these facilities from other
kinds of multifamily buildings. Where do you draw the line when you have an
indistinguishable spectrum of facilities? Staff has drawn that line with licensing. ALFs
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and nursing homes are licensed. ISLs are not licensed. Staff feels the case needs to
be made by the development community and the Board if the Board wishes to make
that distinction.
The letter addressed the City not meeting some comprehensive plan goals and
requesting that independent senior living should be included as part of Phase I. The
City recently adopted a new comprehensive plan, and staff intends to work towards
fulfilling its goals at the same time ensuring we are attaining quality development.
Staff also described a letter from Mr. Khalid Husain (requestor of this amendment),
which voices concern about new regulations being too restrictive. Staff would like
direction from the Board. New categories proposed to be added beyond the initial list
of amenities include; bus stop, park and ride, pharmacy, fitness, grocery and dental.
Amenities are important to increase convenience and add to the variety of life's
social aspect. Bonsteel addressed concerns from Mr. Husain with respect to schools
and recreation centers, the number of amenities required, and the 1/4 mile radius
mobility factor.
Staff seeks input from the Board and will schedule a second public hearing.
At the conclusion of staff testimony, Chair Smith declared the public hearing open.
Khalid Husain, 26859 129th Avenue SE, Kent. WA stated that the 25% commercial
aspect and the 1/4 mile radius are too restrictive and that more amenities are needed.
Mark Hansen, Sante Group, 9879 Buena Vista Independence, Oregon, presented a
senior housing report, defined as Exhibit 3, for the record. He stated he has been a
consultant in senior housing health care since 1995, assisting developers, cities, and
financial institutions. The presentation serves as an aid to defray confusion about this
type of facility. People living in independent living facilities are frail and the facilities
are need driven. The 25% commercial use is cost prohibitive in Kent. Assisted living
facilities are licensed and provide care for a frail group of people. This industry will
be hit hard in 2020.
Kent needs to find a way to expand land opportunities. 67 percent of all housing
types are senior housing facilities. He stated that he favors a 1/2 or 1 mile radius,
Hansen stated that over 6000 seniors are taken care of within Sante facilities;
comprised of independent, assisted living, memory care, and transitional living
facilities. Hansen stated that independent living should be included as part of Phase 1
to engage the development community now. He offered to conduct a tour of facilities
with the Board concurring.
Bill Ruth, 12410 SE 248th, Kent. WA stated that he would forego his testimony in
favor of allowing Mr, Hansen time to complete his presentation.
JB Ruth 420 W Smith St Kent WA voiced support to allow these facilities without
the commercial aspect. The 1/4 mile regulation is too restrictive and favors inclusion
of some amenities such as medical facilities, libraries and senior centers.
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Board Member Smith MOVED and Board Member Cornelius SECONDED a
Motion to accept a presentation packet defined as Exhibit 3 into the record.
Motion PASSED 4-0.
Seeing no further speakers, Chair Smith closed the public hearing,
David Galazin, Assistant City Attorney, suggested to Chair Smith that he may choose
to appoint up to no more than four members of the Board to create a subcommittee
to investigate, make inquiries, and conduct site visits of these facilities coordinating
with planning staff than reporting back to the Board. The Board can elect to include
Phase 1 and 2 together or recommend moving forward with Phase 1 (initiated with
site visits) while the subcommittee examines the broader aspect of the spectrum of
Phase 2, the components of the zoning districts and mixed use requirements.
Matt Gilbert, Current Planning Manager, informed that the intent of Phase 1 is an
attempt to remain consistent with City Council's direction to develop mixed use and
meet the goals of mixed use zones. Mixed use has a 25% commercial component
with a high standard for residential developments to include commercial. Hayley's
recommendation attempts to carve out other ways to move forward for other type of
care uses. Phase 2 is a broader look at how staff achieves mixed use and the
opportunity to examine alternatives to mixed use with something other than a 25%
commercial component which is often prohibitive; suggesting that this might be a
good time to consider a change to 5 percent. Staff seeks further direction from the
Board. After gathering additional information, a second hearing will be scheduled to
consider this issue.
Bonsteel informed that the public has requested that ISL be separated from
multifamily and included in Phase 1. However, staff could continue to review mixed
use as Phase 2 as part of next year's work program. Components of Phase 2 could
be included in Phase 1 with respect to addressing some mixed use component nodes.
Jordan Winters, 5975 Bowen Place SE Salem, Oregon 97317 stated he represents
the development arm of Sante and is requesting that Phase 1 and 2 be considered
together and that independent living be considered as part of Phase 1. Sante intends
to operate, build and construct a non-assisted living facility here and that is the
reason for requesting that change.
Board Member Smith than MOVED and Board Member Cornelius SECONDED a
Motion to include in Phase 1 independent senior housing as part of Phase I.
Motion PASSED 4-0.
Chair Smith formed a subcommittee comprised of Frank Cornelius, Katherine Jones,
Randall Smith and Jack Ottini. Smith directed the subcommittee to coordinate with
staff and Mr. Hansen, stating that they would report back to the Board.
Seeing No further speakers, Chair Smith closed the public hearing than opened the
public hearing for Meeker Street Design Guidelines.
Meeker Street Design Guidelines (DDG) fZCA-2015-51
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Bonsteel stated that Kent's economic development and comprehensive plans include
key strategies for place making and gateways. Components for these strategies
include beautifying streetscapes, strengthening a sense of place and encouraging
quality development. Meeker street is a key corridor for these kinds of strategies as
it is a gateway to Kent. You see the sign when you turn off Kent Des Moines Road
and travel through this auto-oriented area before entering the historic downtown.
Staff identified Meeker as prime for redevelopment with 40 acres of city owned land
along it. The city has a unique opportunity to shape its entrance and what people see
when they travel through. Our long term project is titled 'Meet Me on Meeker Street'
with the goal to beautify and rebuild the corridor. Staff has developed a needs
assessment, conducted visioning exercises, begun an interdepartmental effort, and
brought in outside consultants. Due to regional grant cycle funding timing and
general funding constraints, a fully realized vision is years off.
This amendment is an interim measure to protect the public's interest and quality of
development along Meeker before new plans are in place. Staff proposes to expand
the DDG which goes as far as 64th; half-way between 167 and the River on Meeker,
extending the DDG to the Kent Des Moines Road. Staff would classify the corridor as
a Class B pedestrian street for the purposes of providing walkability and would
include continuous walls, and pedestrian and vehicular access. Multifamily
developments would still require compliance with mixed use. The DDG are our first
line of defense in terms of ensuring that development is pedestrian oriented.
Staff will compete for regional funding during the funding cycle which occurs every
two years. In preparation for submitting a grant request staff must contract with
outside consultants to conduct preliminary engineering work, and engage the
community, than formulate a plan. It is unlikely that staff will meet the deadline for
2018 as there are many components to consider. The intersections at 641h and at
Washington could use a lot of revamping. Options could include curb extensions,
restriping, boulevards, medians, turn pockets to assist with traffic flow. This is likely
to be a phased project that will evolve over a few years.
The city has authorized some funding to get us to a preliminary engineering stage.
Some of the grants require matched funds that would include both grant and city
funding.
Staff wants to use Meeker Street as a model for how we address any street or any
gateway and specifically where staff wants to invest their economic development
energy. Bicycle and pedestrian master plans are part of the Public Works work
programs. At this time staff does not have a compelling vision used for every sort of
gateway.
The Transportation Master Plan does not reflect Meeker Street as the key gateway.
Meeker Street as a key gateway corridor is coming out of Planning based on analysis
of our commercial corridor, of how people enter our city, traffic flow, community
outreach and stakeholder engagement. The momentum to move this forward comes
from Mayor Cooke and Council President Dana Ralph. Conversations have been held
with business owners along Meeker Street, stakeholder interviews were completed
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with Kent Elementary School, Department of Social and Health Services (DSHS),
preschool and daycare centers. Staff engaged with residents of the Signature Point
Apartments, and was in communication with the senior center. We received great
community feedback.
Flashing lights were installed on Meeker Street for safety purposes. Input from the
community highlighted the need for pedestrian level street lights and widening of
sidewalks. Business owners were more concerned about vehicle access whereas
residents saw Meeker Street as convenient with lots of services along it.
Seeing no speakers, Chair Smith closed the public hearing.
Board Member Cornelius MOVED and Board Member ]ones SECONDED a
Motion to APPROVE amendments to Kent City Code to extend Downtown
Design Guidelines and multifamily design review to zoning districts along
the Meeker Street Corridor from 64th Avenue South to Kent-Des Moines
Road, including designating Meeker Street in this area as a Class B
Pedestrian Street for the purposes of applying the Downtown Design
Guidelines. Motion PASSED 4-0.
S. Adiournment
Chair Smith adjourned the meeting at 8:55 pm
Charlene Anderson, AICP, Long Range Planning Manager,
LUPB Board Secretary
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