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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 10/23/2017Land Use and Planning Board October 23, 2017 Minutes Kent, Washington Approved November 27, 2017 Page 1 of 7 Date: October 23, 2017 Time: 7:00 p.m. Place: Council Chambers Attending: Charlene Anderson, AICP, Long Range Planning Manager; Danielle Butsick, Long Range Planner; Hayley Bonsteel, Senior Long Range Planner, Adam Long, Assistant City Attorney Agenda: 1. Call to Order Chair Katherine Jones called the meeting to order at 7:00 pm. 2. Roll Call Board Members Katherine Jones, Chair; Shane Amodei, Frank Cornelius, Dale Hartman, Paul Hintz, and Randall Smith were in attendance. Jack Ottini, Vice Chair was absent and excused. 3. Approval of Minutes Board Member Smith Moved and Board Member Hartman Seconded a Motion to Approve the Minutes of August 28, 2017. Motion Passed 6-0. 4. Added Items None 5. Communications None 6. Notice of Upcoming Meetings Charlene Anderson, Long Range Planning Manager stated that any action the Board takes to approve the agenda items will go before the Economic & Community Development Committee on November 13th. 7. Public Hearing 2016 Docketed Code Amendments Chair Jones stated that the Board will consider code amendment options for the following items: the Industrial Park District proposed purpose statement; zoning code definitions; height limitations in the Midway Transit Community Zone 1; house-banked card rooms; calculation of density; residential design review; side yard setbacks and public notices. Chair Jones Opened the Public Hearing. Charlene Anderson, Long Range Planning Manager stated that docketed items not included in the code amendments are: dumpster requirements for multifamily development; medical or recreational marijuana; multifamily tax exemptions as staff has completed this item by expanding tax exemptions into areas within the Meeker Corridor. Amendments:  Housekeeping: A minor amendment to the M-1 Industrial Park Purpose statement; delete definitions used in the Critical Areas Ordinance (CAO) and no longer used in the zoning code and correcting reference to those definitions. Land Use and Planning Board October 23, 2017 Minutes Kent, Washington Approved November 27, 2017 Page 2 of 7  Increasing height limitations in the Midway Transit Community Zone 1 from 55 feet to seven stories or 65 feet; while maintaining a lower height next to residential districts such as Mobile Home Parks  House-Banked Card Rooms: Staff recommends allowing house-banked card rooms as a principally permitted use in General Commercial, Community Commercial, and Commercial Manufacturing-1 and -2, and in the Industrial Park Commercial nodes except when located within Kent’s Manufacturing Industrial Center; and as a conditional use within the General Commercial/Mixed Use or Community Commercial/Mixed Use Zoning Districts. The card rooms would not be allowed within the Urban Center land use plan map area.  Density Calculations: Staff recommends applying a typical mathematical rounding to determine density calculations for the number of multifamily units or single family housing units allowed on lots. Calculations of .5 or below would be rounded down. Calculations above .5 would be rounded up. Residential Design Review: Staff recommends applying design review to all newly constructed or reconstructed residential buildings with some flexibility for older lots. Side Yard Setbacks: Staff recommends a five-feet side yard setback for single family residential in SR-4.5, SR-6 and SR-8 zoning districts. Fire regulations still apply. Public Notice Requirements: Staff recommends increasing the mailing radius for short plats from 200 feet to 300 feet which will align subdivisions and short plats to the same mailing radius. Staff does not recommend publishing notification of construction as it could provide false hope for those who might feel they could influence a plat that has already been approved. Public Meetings: Staff advises applicants to hold public meetings when a project may be controversial, but does not require it and the city wants to maintain that practice. Discussion was held with the City's multimedia folks and it was suggested that an online link to view public meetings could be implemented rather than providing a broadcasting schedule. Staff looked at interactive software where people could comment during the meeting; though someone would have to monitor those comments. This is something the city might want to look at in the future but is not recommending at this time. Construction Notices: Staff does not recommend posting or mailing notices of construction. Staff does not recommend placing colored drawings on public information boards for short plats, subdivisions or commercial projects as designs can change. Kent may want to look at this issue in the future. Staff proposes revising the Subdivision Code to require a major plat alteration for substantial changes in access points but allow major plat alterations to retain their vesting. The major plat alteration would require an additional public hearing before the hearing examiner and would allow public comment. Land Use and Planning Board October 23, 2017 Minutes Kent, Washington Approved November 27, 2017 Page 3 of 7 Anderson submitted two exhibits for the record received in email format from Kurt Wilson and Master Builders Association in support of 5 foot side yard setbacks. Brian Considine, Legislative Manager for the Washington State Gambling Commission (GC) spoke on behalf of his five person commission and Director David Trujillo. He stated that the GC is the primary state agency regulating all forms of gambling in this state other than lottery and horse racing. The GC established in 1973 is the second oldest gambling regulatory agency in the country. The Commission’s mission is to protect the public and ensure that gambling is legal and honest, and based on legislative direction, to keep the criminal element out of gambling in order to promote social welfare through strict regulation control and that strict regulation control permeates the gambling act. Considine explained how house-banked card rooms are qualified to be licensed, how they are regulated and monitored including video surveillance. He stated that the Commission is a law enforcement agency with fully commissioned law enforcement officer that conduct both civil and criminal investigations and work closely with local law enforcement. For jurisdictions prohibiting these establishments, the GC will not issue a license. Anderson stated that the police from Renton, Tukwila and Kent conveyed that card rooms generated calls for service over the years; but were similar to what a bar or tavern would generate. Adam Long, Assistant City Attorney stated that there has been some contention over the years between the GC and local jurisdictions about the Gambling Act Statute, RCW 9.46; involving whether local jurisdictions have authority to zone gambling uses. The GC has come to the conclusion that the statute calls for preemption of licensing and regulation and that includes local zoning. Many local jurisdictions and the Municipal Research Center, have come to the conclusion that local jurisdictions do retain the authority to zone gambling land uses. This is noted as there could be legal challenges down the road where an applicant gets denied based on location, which would then have to be litigated. There haven’t been any cases that have directly addressed the issue of zoning gambling uses by local authorities. Charlene Anderson stated that the motion for house-banked card rooms has been amended to include language that “house-banked card-rooms are not allowed within the urban center land use plan area” and by adding a note to the zoning table for all zoning districts to allow house-banked card rooms as a principally permitted use or conditional use; and adding a note on the zoning table that says should any court of competent jurisdiction find that the city zoning for house- banked card-rooms is unconstitutional or illegal, the city elects to permit a legally- existing house-banked card room to continue operation as a nonconforming legal use and otherwise bans house-banked card rooms. Chair Jones called for speakers. Seeing no speakers, she closed the public hearing. Chair Jones called for a motion. Land Use and Planning Board October 23, 2017 Minutes Kent, Washington Approved November 27, 2017 Page 4 of 7 Board Member Hartman MOVED and Board Member Cornelius SECONDED a Motion to recommend to City Council to approve staff’s recommendation on the 2016 docket code amendments to amend the purpose statement for M-1 Zoning Districts. Motion PASSED 6-0. Board Member Hartman MOVED and Board Member Cornelius SECONDED a Motion to recommend to City Council to approve staff’s recommendation to delete the Critical Areas Definitions and correct related code references. Motion PASSED 6-0. Board Member Hartman MOVED and Board Member Cornelius SECONDED a Motion to recommend to City Council to approve staff’s recommendation to increase the height limitation in the MTC 1 Zoning District while maintaining height restrictions near residential zoning districts. Motion PASSED 6-0. Board Member Dale Hartman MOVED and Board Member Hintz SECONDED a Motion to recommend to City Council to approve staff’s recommendation to allow house- banked card rooms as principally permitted uses in CC, CM-1, CM-2, GC and M1-C zoning districts; do not locate in areas designated Manufacturing/Industrial Center; allow as conditionally permitted uses in CC-MU and GC-MU zoning districts; do not allow house-banked card rooms in areas designated Urban Centers on the Land Use Plan Map; Add the following note in the code table whereever house-banked card rooms are allowed “should any court of competent jurisdiction find that the city zoning for house-banked card rooms is unconstitutional or illegal, the city elects to permit a legally existing house-banked card room to continue operation as a nonconforming legal use and otherwise bans house-banked card rooms”. Chair Jones called for the vote. Motion PASSED 5-1 with Member Cornelius opposed. Board Member Hartman MOVED and Board Member Cornelius SECONDED a Motion to recommend to City Council to approve staff’s recommendation to allow mathematical rounding for calculation of numbers of lots for subdivisions, short plats and multifamily development. Chair Jones called for the vote. Motion PASSED 6-0. Board Member Hartman MOVED and Board Member Smith SECONDED a Motion to recommend to City Council to approve staff’s recommendation to apply residential design review to all newly constructed or reconstructed residences. Chair Jones called for the vote. Motion PASSED 6-0. Board Member Hartman MOVED and Board Member Cornelius SECONDED a Motion to recommend to City Council to approve staff’s recommendation to apply five-feet side yard setbacks to single family residential development in SR 4.5, SR 6 and SR 8 zoning districts. Chair Jones called for the vote. Motion PASSED 6-0. Board Member Hartman MOVED and Board Member Cornelius SECONDED a Motion to recommend to City Council to approve staff’s recommendation to amend the public notice process requirements for subdivisions and short plats. Jones called for the vote. Motion PASSED 6-0. Seeing no objections from the Board, Chair Jones opened the 2nd public hearing: Land Use and Planning Board October 23, 2017 Minutes Kent, Washington Approved November 27, 2017 Page 5 of 7 COMMUNITY HEALTH ENGAGEMENT LOCATIONS (CHELs) Chair Jones stated that the Board will consider code amendment options for community health engagement locations designed to provide a hygienic environment where individuals are able to consume illegal or illicit drugs intravenously or by any other means. Danielle Butsick, Long Range Planner, defined CHELs as safe injection sites, and as consumption facilities; sites that provide harm reduction services where supervised consumption of illegal drugs occur. Their primary purpose is to prevent overdose, promote safe consumption techniques (including an education component), reduce drug-related health risks such as HIV and Hepatitis, provide access to health and social services and to reduce public drug use and discarding of used drug equipment. Butsick described what these facilities typically offer and what their requirements are. They typically serve a clientele that lives on the streets and does not have a physical address. Staff’s research for these facilities came mainly from Vancouver, BC’s “Insite” facility. These facilities could be allowed as a conditional use. The conditional use process includes considerations that the proposed use is not detrimental to other legal uses in the vicinity and that the performance characteristics of the proposed use or how the business conducts business - that those characteristics are compatible with uses in the neighborhood or vicinity. Those issues could be addressed through a good faith neighborhood partnership where there would be an agreement between city and local businesses that would address steps each of the partners would take to resolve any concerns of the other parties. Butsick spoke about work site safety issued, and that they are regulated at State and Federal levels by OSHA and L& I. She cited statistics on the numbers of individuals using the Vancouver facility which indicates that the facility is serving a purpose. The City is looking at this issue as King County has determined that this region is in the midst of an Opiate crisis with 219 heroin and opioid-related deaths in King County in 2016. A Task Force was set up to look at the issue and figure out ways we as a county and local jurisdictions can combat the issue. The Task force came up with a comprehensive strategy for taking steps to address the crises. The CHEL is one component of that overall comprehensive strategy. Other recommendations were to increase outreach and education to prevent people from becoming addicted in the first place, improving treatment options and access to overdose treatment drugs. King County Council voted to limit the location of CHELS to only those jurisdictions that would welcome them. We are working on this issue now to decide whether Kent is one of those cities that will welcome them or enact legislation to prevent them here. Kent has a temporary six month land use moratorium in place which City Council passed on August 15th to ban safe injection sites or CHELS in any zoning district in Land Use and Planning Board October 23, 2017 Minutes Kent, Washington Approved November 27, 2017 Page 6 of 7 the city through February 15th of 2018. Any new legislation has to be in place before the moratorium expires or things go back to what was in place before. Federal and State law prohibit the possession of illegal drugs and the establishment of places intended for illegal consumption of drugs or controlled substances. The biggest issue would be drug dealing, as people using the facilities have to obtain their drugs illegally through the illegal drug trade. Butsick spoke about the legal conflicts Kent could be up against, were the City to pass legislation that enabled CHELs. She described the health organizations that are supportive of these facilities. The King County Task Force recommended that these sites be located where drug use or overdose deaths were clustered, where there is access to other services or other public treatment facilities, and shelters. She cited statistics related to drug overdoses stating that Kent doesn’t have the population required to make one of these facilities effective. She spoke about the three models of safe injection sites: integrated in a building with other types of services, specialized and mobile sites. Staff’s proposal includes Alternative A-to allow CHELs in Commercial-Manufacturing I (CM-1) zoning districts as a conditional use and would define CHELs as a new service land use category, it would require a waiting room of at least 15% of the total floor area, would establish application requirements as part of the conditional use permit that would include a statement of need and suitability, public involvement efforts and 'good faith' partnership to minimize any negative impacts like picking up trash, graffiti etc. Alternative B would permanently adopt the code amendment prohibiting CHELs in all zoning districts in Kent and maintain the regulation established with the moratorium. It would affectively preserve the status quo – not allowing CHELS, safe injection sites or other facilities that provide a place to consume illegal drugs, in Kent. Staff is recommending permanently adopting the regulations established through the moratorium as staff does not believe Kent is the right place for this type of facility at this time and the city has an obligation to follow State and Federal laws and to protect the community from being an importer of illegal drug use activity. Staff will present their and the Land Use and Planning Board’s recommendation to the Economic and Community Development Committee on November 13th. City Council will then adopt their preferred alternative on November 21st. Chair Jones introduced speakers. Mark Cook, Policy Director, Washington State ACLU spoke in favor of allowing CHELs in Kent, and spoke in support of Alternative A. Patricia Sully, Attorney with the Public Defenders Association and a member of King County Task Force spoke in favor of CHELs, proposing an option C - to let the moratorium expire, to wait and see. Land Use and Planning Board October 23, 2017 Minutes Kent, Washington Approved November 27, 2017 Page 7 of 7 Marlys McConnell a mother whose son Andrew Michael McConnell died January 6, 2015 of an accidental heroin overdose at the age of 27, spoke in favor of a CHEL site. David Mitchell with Union Gospel Mission and Kent Resident – stated that he has served for over 6 years at the Seattle's Union gospel Mission in a leadership role. Within that time, over 1200 people entered a recovery program, with 400 people graduating from a year-long recovery program. He stated that Kent does not meet the siting criteria, the costs are too high and crime has increased in Kent to support people’s drug habits. The City needs to spend more time on prevention and treatment programs. He spoke in opposition to CHEL facilities in Kent. Christian Downs, Kent Resident spoke in opposition to CHELs. He spoke from personal experience having been a pain pill and heroin addict for six year and has been clean for over 5 ½ years. CHELs do not offer solutions but cover up problems that affect us all. The community needs additional education and money spent on detox and addiction support. We need to offer a way out and not give up on the problem by opening an enabling service which costs the city and doesn't give hope beyond the high - further enabling drug use and illegal drug dealing in our city. Tim Peterson, Kent Resident spoke in support of CHELs. He stated that two days after Christmas 2016 his 38 year old nephew died from an Opiate overdose. Kent has a lot of problems -homelessness, crime, and drugs. Don't shut the door on these facilities. He spoke in favor of an option C to let the moratorium expire, and take another look at this at some later time. This is about our community. Seeing no further speakers, Chair Jones closed the Public Hearing and called for a motion. Board Member Cornelius MOVED and Board Member Smith SECONDED a motion to permanently adopt Alternative B - the code amendment prohibiting CHELs in all land use districts in Kent as recommended by staff. Concluding deliberations, Chair Jones called for the vote to approve the motion as presented. Motion PASSED 6-0. Chair Jones adjourned the meeting at 9:24 pm. Pamela Mottram Planning Technician Economic and Community Development October 23, 2017