HomeMy WebLinkAbout3615(Amending or Repealing Ordinances)
CFN=131 - Zoning Codes
Passed 9/17/2002
Secure Community Transition Facilities
(Amends Secs. 15.02.141.5;15.02.173;15.02.223;15.02.338.5;15.02.341
15.04.020;15.04.030)
Amends Ords.2958;3451;3439;3440;3470;3600;3612
Amended by Ords.3753;3759;3761;3770;3830;4011
ORDINANCE NO. 310 15
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Kent City Code
Title 15, chapters 15.02, 15.04, 15.08, and 15.09 to
provide for the siting of a secure community transition
facility within the City of Kent.
WHEREAS, a 1994 federal court order required Washington State to
provide an opportunity for less restrictive alternative placement to inmates at McNeil
Island being held as sexual offenders, but who are ready for conditional release; and
WHEREAS, secure community transition facilities ("SCTF") provide
sexual offenders with living arrangements that are less restrictive than total
confinement; but provide supervision, security, and either provide sex offender
treatment services or ensure that sex offender treatment services will be provided
elsewhere; and
WHEREAS, Engrossed Substitute Senate Bill (ESSB) 6594 enacted
March 2002, (amending ESSB 6151 enacted June 2001) requires cities to provide
for siting of SCTF by September 1, 2002, consider the effect of "equitable
distribution factors" in siting the SCTF, and impose development regulations no
more restrictive than those specifically addressed in Chapter 71.09 RCW; and
1 Secure Community
Transition Facilities
WHEREAS, ESSB 6594 provides that no SCTF may be located
within the "line of sight" of a risk potential activity or facility in existence at the
time a site is listed for consideration, and DSHS asserts that "line of sight" is equal
to 600 feet, assuming the terrain is visually unobstructed; and
WHEREAS, ESSB 6594 allows the State Department of Social and
Health Services (DSHS) to "preempt and supersede local plans, development
regulations, permitting requirements, inspection requirements, and all other laws as
necessary ..." for failure to comply; and
WHEREAS, City staff's analysis of the Kent City Code, which
classifies group home facilities for sexual offenders as Group Homes Class III
facilities, indicates that after applying the existing Group Homes Class III
regulations, there are a limited number of potential locations that meet the
development criteria for locating SCTF; and
WHEREAS, City staff presented this issue to the May 14, 2002,
Public Safety Committee, which did not object to proceeding with analysis of the
City's regulations regarding SCTF; and
WHEREAS, City staff also presented this issue to the Land Use and
Planning Board at its June 10, 2002, workshop, and the Board conducted a public
hearing on the issue on July 22, 2002; and
WHEREAS the Kent City Council adopted the following
amendments to Title 15 of the Kent City Code in order to comply with ESSB 6594;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
2 Secure Community
Transition Facilities
SECTION 1. — Amendment. Chapter 15.02 of the Kent City Code,
entitled "Definitions," is hereby amended to read as follows:
Sec. 15.02.141.5. Equitable distribution.
Equitable distribution means siting or locating secure community transition
facilities in a manner that will not cause a disproportionate grouping of similar
facilities either in anv one countv. or in anv one iurisdiction or communitv within a
county, as relevant.
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 11 or III group
homes.
1. Group home, class I -A. A class I -A group home shall have a
maximum of seven (7) residents 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.
3. Group home, class I -C. The number of residents for a class I -C
group home will be based upon the density of the underlying zoning district.
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 managerdir-eeter shall have the discretion to classify a
3 Secure Community
Transition Facilities
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 II -A. A class II -A group home shall have a
maximum of eight (8) residents including resident staff.
2. Group home, class II -B. A class II -B group home shall have a
maximum of twelve (12) residents including resident staff.
3. Group home, class II -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 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 ora greater
number of residents in other jurisdictions or communities throughout the entire
geographic limits of King Countv.
Sec. 15.02.223. Less restrictive alternative.
Less restrictive alternative means court-ordered treatment in a setting less
restrictive than total confinement which satisfies the conditions set forth in RCW
71.09.092.
4 Secure Community
Transition Facilities
Sec. 15.02.338.5. Risk potential activity or Risk potential facility.
Risk potential activity or Risk potential facility means an activity or facility
that provides a higher incidence of risk to the public from persons conditionally
released from the special commitment center. Risk potential activities and facilities
include: Public and private schools, school bus stops, licensed day care and licensed
preschool facilities, public parks, publicly dedicated trails, sports fields, playgrounds,
recreational and community centers, churches, synagogues, temples, mosques, public
libraries, and others identified by the department following the hearings on a
potential site required in RCW 71.09.315. The term "school bus stops" does not
include bus stops establishedrip �marily for public transit.
Sec. 15.02.341. Secure community transition facility.
Secure community transition facility means a residential facility for persons
civilly committed and conditionally released to a less restrictive alternative under
chapter 71.09 RCW. A secure community transition facility has supervision and
security, and either provides or ensures the provision of sex offender treatment
services. Secure community transition facilities include but are not limited to the
facilities established pursuant to RCW 71.09.250 and any community-based facilities
established under chapter 71.09 RCW and operated by the secretary of the State of
Washington department of social and health services or under contract with the
secretary.
SECTION 2. — Amendment. Chapter 15.04 of the Kent City Code,
entitled, "District Regulations," is hereby amended to read as follows:
CHAPTER 15.04. DISTRICT REGULATIONS
Secure Community
Transition Facilities
Sec. 15.04.020. Residential Land Uses.
Zoning Districts
Key
P = Principally Permitted Uses
C
S = Special Uses
C =Conditional Uses
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P
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One duplex per lot
P
One modular home per lot
P
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P
P
P
P
P
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Duplexes
P
P
P
P
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(22)
Multifamily townhouse units
P
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P
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(19)
(19)
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(4)
(2)
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(20)
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(5)
Multifamily dwellings
P
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(5)
Multifamily dwellings for seniorP
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(2)
(15)
Mobile homes and manufactured
P
homes
Mobile home parks
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(13)
(13)
(13)
(13)
Group homes class I -A
P
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P
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P
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Group homes class III
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Transitional housing
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Guest cottages and houses
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(8)
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(8)
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(21)
(21)
(21)
(21)
(21)
(21)
(21)
(21)
(21)
Rooming and boarding of not
A
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more than three persons
Farm worker accommodations
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(17)
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Accessory uses and buildings
A
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customarily appurtenant to a
(18)
(18)
(18)
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(18)
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(18)
(18)
(18)
(18)
permitted use
Accessory dwelling units
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A
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(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
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(11)
(11)
(71)
(11)
(11)
(11)
(11)
(11)
(11)
(ll)
(11)
(11)
(11)
(11)
(11)
(11)
(ll)
(11)
(11)
(11)
(11)
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(11)
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Service buildings
A
Storage buildings and storage of
A
A
A
A
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A
A
A
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recreational vehicles
(16)
(16)
(16)
(16)
(16)
(16)
(16)
(16)
(16)
(16)
(16)
(16)
(16)
Drive-in churches; welfare
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
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facilities (including emergency
(12)
(12)
shelters); Drive-in churches,
retirement homes, convalescent
homes and other welfare facilities
whether privately or publicly
operated, facilities for
rehabilitation or correction, etc.
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 shall be permitted only in the mixed-use overlay
when included within a mixed use development.
3. [Reserved].
4. Multifamily residential uses, when established in buildings with commercial
or office uses, and not located on the ground floor.
5. Multifamily residential uses, 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.
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 Section
15.08.350.
11. Customary incidental home occupations subject to the provisions of section
15.08.040.
12. Except for transitional housing, with a maximum of twenty (20) residents and
four (4) staff, which are principally permitted uses.
13. Subject to the combining district requirements of the Mobile Home Park
Code, KCC 12.05.
8 Secure Community
Transition Facilities
14. Accessory living quarters are allowed per the provisions of Section
15.08.359.
15. Multi-family residential use 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 Section 15.08.080.
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, O, O-MU, NCC, CC, GC, DC, or DCE.
20. All multifamily townhouse developments in the MR-T zone shall be
condominiums and recorded pursuant to Chapter 64.32 RCW prior to approval of a
certificate of occupancy by the city.
21. Subject to 15.08.160(A) and (B) Accessory buildings.
22. One 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 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, 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.
9 Secure Community
Transition Facilities
"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 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 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 600 feet. This distance shall be measured by followingastraight 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.
SECTION 3. - Existing Chapters. The existing chapters of Title 15 of
the Kent City Code that are amended by this ordinance shall remain in full force and
effect until the effective date of this ordinance.
SECTION 4. - Severability. If any one or more section, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect.
10 Secure Community
Transition Facilities
SECTION 5. - Effective Date. This ordinance shall take effect and be
in force thirty (30) days from and after passage as provided by law.
ATTEST:
IN
aw lift,
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: %% day of '2002.
APPROVED: % day of'2002.
PUBLISHED: a / day of , 2002.
I hereby certify that this is a true copy of Ordinance No. 3415
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
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BRENDA JACOB4( CITY CLERK
11 Secure Community
Transition Facilities
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BRENDA JACOB4( CITY CLERK
11 Secure Community
Transition Facilities