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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 01/25/2016 LAND USE AND PLANNING BOARD MINUTES KENT p� CC WASHINGTON JANUARY 25f 2016 1. Call to Order Chair Smith called the meeting to order at 7:00 pm 2. Roll Call ® LUPB Members: Randall Smith, Chair; Barbara Phillips, Vice Chair; Frank Cornelius; Katherine Jones; and Jack Ottini were in attendance. • City Staff: Charlene Anderson, Long Range Planning Manager; Matt Gilbert, Current Planning Manager; Hayley Bonsteel, Long Range Planner; Erin George, Senior Planner; David Galazin, Civil Attorney were in attendance. 3. Approval of Minutes Board Member Cornelius MOVED and Board Member Phillips SECONDED a Motion to Approve the Minutes of October 26, 2015. MOTION PASSED 5-0. 4. Added Items None 5. Communications None 6. Notice of Upcoming Meetings None 7. Public Tearing Elder Care Facilities Zoning Code Amendment fZCA-2015-41 Hayley Bonsteel, Long Range Planner, explained that the original intent of the docket request was to permit assisted living facilities without a commercial component in a commercial zone. Staff was directed by the Board to analyze independent senior living facilities (ISLF) as well. The Board formed a subcommittee, touring a number of facilities to understand the issues involved. The proposed amendment adds a new category for ISLF; separating those ISLFs (that provide at least one meal per day) from other independent senior housing. The proposed amendment also addresses the commercial component issue by providing a new conditional use option for elder care facilities to be located in commercial zones without a commercial component on-site; the applicant must show that commercial services are available within one quarter mile (walking distance) of amenities in at least three of the following categories: a public park or trail, school, indoor recreation centers, places of worship, cultural arts centers, or retail services. The intent of this proposal is to increase choices and quality of life by providing easy access to amenities and services. Staff recommends approval of amendments to Title 15 of Kent City Code (KCC) to include clarification of definitions in KCC 15.02 and amendments to use tables and development conditions in KCC 15.04. Concluding staff's presentation, Chair Smith Opened the Public Hearing. Land Use& Planning Board Minutes Page 1 of 7 January 25, 2016 April Mackoff, 701 5rh Avenue, Suite 6600, Seattle, WA 98104 attorney with McCullough, Hall, Leary. On behalf of Sante Partners we strongly support ZCA-2015-4, thanking the Board members and staff for their hard work regarding this matter. We look forward to adoption of this ordinance. J.B. Ruth, 420 W Smith Street, #214, Kent, WA 98032 spoke in opposition to the quarter mile distance requirements, stating that placing these facilities in CC-MU zoning districts would not work and stating that siting these facilities needs to be determined on a case by case basis. Khalid Husain, 26859 129rh Avenue SE, Kent, WA stated that this is a highly regulated industry. He spoke in opposition to the restrictive regulations including the quarter mile requirement.. He recommended the addition of a category of services that would include pharmacies, dental clinics and pet clinics. Husain opined that he would like to encourage development of more adult foster home facilities for the elderly which house six or less residents as these facilities only require licensing and are not regulated by the City. Alyssa Arly, 6515 66 Street NE, Marysville, WA 98270 stated that as a consultant her primary focus is working to find placement facilities for the elderly, stating that she operated an adult and family home for close to 14 years. She stated that Kent is in need of assisted living facilities that can allow aging in place. The first baby boomers are now 70 years old and beginning to enter our facilities with the silent generation (from 71 to 93 years of age) declining from our facilities. Many of the facilities in Kent were designed as independent living facilities. She spoke in opposition to the inclusion of a quarter mile boundary. Arly asked that the City allow for more assisted living facilities to be built in Kent. With no further speakers, Chair Smith Closed the Public Hearing. Galazin explained that assisted living facilities differ from other facilities regulated within the City, such as residential facilities with health care and group homes. Currently in Kent City Code, there is a 25 percent commercial component requirement associated with assisted living facilities. Staffs proposal includes language where that commercial component can be waived if certain amenities are provided on site or if the facilities are located within a specific proximity of a number of identified amenities. Chair Smith called for a motion. Board member Jones MOVED to recommend that the City Council approve the proposed elder care facilities zoning code amendment [ZCA-2015-4] to Title 15 of the Kent City Code including clarifications to definitions in KCC 15.02 and amendments to use tables and development conditions as presented by staff. Board Member Smith Seconded the Motion. Discussion ensued. Board member Ottini moved to amend the original motion to delete the quarter mile requirement with Board Member Phillips seconding that motion. Discussion ensued. Land Use& Planning Board Minutes Page 2 of 7 January 25, 2016 Galazin addressed questions and concerns raised by the Board related to the quarter mile regulation, siting of these facilities, how best to meet the Growth Management Act requirements, and the 25 percent commercial component. Bonsteel stated that if the quarter mile requirement is removed, then Section A on page 20 requiring that the facilities be located within a quarter mile of amenities will be removed. Galazin clarified the main motion as amended for the record as: To recommend to the City Council modification of the proposed code amendments to Title 15 of the Kent City Code including clarifications to definitions in KCC 15.02 and amendments to use tables and development conditions in KCC 15.04 as presented by staff, as amended to do away with the quarter mile requirement that is on page 20 of your packet, so that the motion will read to approve assisted living facilities, residential facilities with healthcare and independent senior living facilities when not combined with commercial or office uses, require a conditional use permit and are subject to the requirements of KCC 15.09.045 for multifamily design review and mixed use design review, as well as area specific design review such as the Midway, Downtown and along the Meeker Street Corridor. Galazin stated that everything beyond that point has been stricken. The Board's recommendations will move forward to City Council for their consideration. Chair Smith than called for the vote with Board Members Ottini, Phillips, Smith and Cornelius voting YEA and Board Member Jones voting NAY to delete the quarter mile requirement. Motion PASSED 4-1. Concluding Deliberations; Chair Smith called for the vote with Board Members Ottini, Phillips, Smith and Cornelius voting YEA approving the main motion as amended and Board Member Jones voting NAY in opposition. Motion PASSED 4-1. Emergency Shelters Zoning Code Amendment fZCA-2016-11 Erin George, Senior Planner submitted two exhibits for the record; defined as Exhibit 1, an email comment letter from Pastor Carol Kirkpatrick; and Exhibit 2, an email comment letter from Dave Mitchell. Board Member Phillips MOVED and Board Member Ottini Seconded a Motion to accept the two exhibits into the record. Motion PASSED 5-0. George reported that city leadership was recently approached by human service providers with a request to consider expanding zoning options for emergency housing, citing an increasing need for such facilities in Kent. These facilities have tried to locate downtown in the past, but have encountered opposition from neighboring businesses. George stated that staff reviewed the "One Night Count" conducted on January 23, 2015, which showed 10,047 homeless people in King County ; of those 3,772 people were on the street. That was a 21% increase from 2014. In Kent, 135 people were unsheltered and 36 people were sheltered. Land Use&Planning Board Minutes Page 3 of 7 January 25, 2016 George described the existing emergency housing facilities in Kent, all of which are housed in existing churches. Holy Spirit Parish provides an overnight shelter for women with a maximum capacity of 15 women, from October through May. The rotating men's overnight shelter is shared among a variety of churches who take turns for a month at a time, housing up to 25 men. George visited several of these churches and found no exterior indications of homeless housing. George explained that Kent City Code (KCC) 15.02.131 defines emergency housing and emergency shelters together in one definition, and limits emergency housing to a 90-day period per individual or family. Staff is not proposing to change this code definition. Emergency housing and emergency shelters are currently allowed in all commercial and industrial zones with a Conditional Use Permit (CUP). Staff compared Kent's regulations with Renton, Des Moines, Federal Way, Tukwila and Auburn and found that every city defines and regulates emergency housing differently; allowing them within both commercial and residential zones. Most cities limit residential to multi-family zones only, and no one requires a church association. Tukwila only allows shelter facilities for domestic violence and runaway minors. Proximity to transit and services are common requirements. In talking with planners at these other cities, she found that nearly all emergency housing in those cities is located inside existing churches. In looking at our multifamily residential districts, one zone came up as a likely candidate: Duplex Multi- Family Residential (MR-D). It's one of the smaller zoning districts in Kent, but all MR-D areas are within close proximity to transit and commercial areas. Comments received from Pastor Kirkpatrick, Kent First Presbyterian Church expressed that liability for running the shelters should be shared between churches and those operating the shelters. Comments from the Union Gospel Mission asked for some changes to the proposed code language, including a preference for the term `religious organization' versus `church', 'square footage" rather than footprint,' would like a one acre minimum requirement, allow the lot to be immediately adjacent, and request that Section D be deleted with regard to church liability. A phone call from Donna Lee (living next to Kent First Presbyterian) expressed concern about having a shelter located near her home. Staff recommends allowing emergency housing in MR-D zone with a CUP in addition to several special criteria: the emergency housing facility must be on the same lot with an actively-operating church, upon a minimum lot size of 2 acres, within a permanent enclosed building not to exceed the building footprint of the church, with the church liable for operation and maintenance of the facility as well as the conduct of the residents. Staff suggests adding one additional criterion to comply with setbacks and landscaping for churches as contained in KCC 15.08.020. In response to questions from Chair Smith, George explained that the 90 day limitation is intended for families residing in more of a traditional house setting, while a larger facility will have different residents every night and there is no good way for the City to monitor that. Galazin added that there hasn't been an issue of individuals trying to game the system, but should the issue come up, we would address it then. Galazin stated these facilities are allowed with a conditional use within a number of different zones. All that is being proposed tonight is adding one additional zone, MR-D, a multifamily residential zone along with a couple specific conditions. This proposal is a slight expansion of what already Land Use & Planning Board Minutes Page 4 of 7 January 25, 2016 exists in Kent City Code, is a specified need/ and does not impose a wholesale change across the City. These facilities would be sited where they would least impact the community. Board Member Ott|ni expressed support for staffs recommendation. At the completion of staff'o presentation, Chair Smith Opened the Public Hearing. Patricia Gray, 14036 SE 237a Place, Kent, N/A 98042 submitted her presentation for the record, defined as Exhibit 3 on Kent HOPE. She stated that Kent HOPE has been in � operation since 2019 in partnership with over twenty churches, other faith-based groups, � and community supporters. Their day center on Canyon Road helps a daily average of29 | homeless women and 3 children with resources and case management to lead them back to a productive life. They currently partner with churches to provide overnight shelter for 30 vvonoan, but are unable to house children at these churches. Since opening/ they have � helped 238 women and children find housing and helped 108 women find jobs. She stated that they are in need of larger permanent facility to realize their vision to shelter women and children overnight. In response to a question from Board Member Phillips, Gray explained that the proposed facility would be a new/ separate building located on the grounds of Kent First Presbyterian Church. In response to questions from Chair Smith, Gray � explained that the day center provides showers and laundry facilities atthe day center, as well as play areas for children. She also explained that no men, even fathers, are allowed on the premises for security reasons. Chair Smith expressed concerns regarding the potential � need for increased police response at the facility. � Board Member Jlonem MOVED and Board Member Phillips seconded a motion to � accept Exhibit 3 from Patricia Gray into the record. Motion PASSED 5-0. � Dave Mitchell, 14516 SE266mSt, Kant, N/A 98043 submitted his presentation for the � record, defined as Exhibit related to Kent HOPE and Seattle's Union Gospel Mission (UGM). Mitchell stated that King County is experiencing a major increase in homelessness, such that Dow Constantine and Seattle Mayor Murray have both declared a state of emergency. UGM has considered sites within the Downtown DCE areas for siting their facilities which would be allowed with a conditional use permit. Business owners opposed these facilities and UGM felt it best not to pursue those locations. Mitchell showed a map of the proposed facility location at Kent First Presbyterian Church, as well as photo of how they want the building design to look. UGM'y directive to an architect would be to have the building fit well with the surroundings. Mitchell spoke in support ofotaff's recommendations with suggested modifications as submitted by UGM. To address [hair Smith's prior question, Mitchell described the 2015 police reports for the Kent HOPE day center. Out of15 police reports, ] were perpetrated by clients of the day center, but in the other 12 reports the clients were the victims. None ofthe reports had to do with loitering, panhandling, drug use, littering or the other issues that are sometimes associated with homeless shelters. Board Member Phillips MOVED and Board Member Ottini seconded a motion to accept Exhibit 4fnomm Mr. Dave Mitchell into the record. Motion PASSED 5-0. Marvin fckfe/dt 24205 116m Ave SE, #210, Kent, N/4 informed that in 2011 Kent City Council assembled a task force comprised of church and community leaders to look at the homelessness issue. A movement began to establish temporary shelters and permanent Land Use&Planning Board Minutes Page 5o[7 January 25, 2O18 � � shelters. In 2013 Kent HOPE hosted a forum with 33 human service agencies in South County and Kent (already providing homeless services). It came to light that these agencies were able to provide services to homeless but didn't have facilities available in central locations. Ekfe|dt stated that he spoke with Police Chief Thomas who voiced his support of this proposal and furthermore had no concerns with enforcement issues. Reverend Coro/ Kirkpatrick, 9425 S 248m St., Kent, WA 98030 stated that Kent First Presbyterian Church has served the community by providing shelter for men 2 months a year and women 1 month a year for 17 years. There have been no complaints from neighbors. One neighbor called to thank them, saying that when the homeless are housed on the church property, they are well supervised. Three neighboring churches support this effort and provide volunteers. Kent First Presbyterian Church is within walking distance of downtown, a public bus line and school bus stop/ as well as medical and other service facilities. Layne Hammond Champion, 24O81»m Ave f, Seattle, N/A stated that she oversees the Kant HOPE Day Center and several other shelter facilities for Union Gospel Mission. She spoke about the reasons why women and children end up in shelters, such as domestic violence, lack of healthcare coverage, job loss or terminated ra|ationshipa,She also explained why there is a cultural stigma of fear associated with the homeless. Kant HOPE uses an intensive intake process including criminal background checks and mental health and drug use history. Jennifer Jeffries, 3802 S Othello St., Seattle, N/A 98118 gave her personal testimony related to her experience of how Kent HOPE has been instrumental in giving her the tools needed to get back on her feet and become a productive nnarnber of society. Jacob Dre/f/s, 11328 SE Kent &ang/ay Road Kent, N/A spoke in support for more of these facilities, citing 500 kids in the Kent School District who are considered homeless, which includes those living in hotels or staying with a friend. lesliaAnnaob' 28826 189m Ave SE, Kent, N/A 98042 submitted two exhibits for the record, defined aa Exhibit 5 - describing the homelessness problems, and ExhibitG — King County One Night County 2015 Data Summary. She stated that she has been involved with the homeless for over ten years; serves as an emergency assistance director for Kent United Methodist Church, served on the Human Services Board for the City of Covington, served on the Washington State Board of Corrections in the City of Kant dealing with prisoners, incarcerations and released felons; and served a term with Kent HOPE. She spoke about the disparity with homeless people of color and other cultures. This proposal will allow expansion of these facilities without requiring any funding by the City. Board Member Phillips MOVED and Board Member o0ttinii SECONDED a Motion to accept Exhibits 5 and 6 from Leslie Ammada into the record. Motion PASSED 5-0. Ga|azin announced that this item will move forward to the City CoVnci|'s Economic & Community Development Committee for further consideration. He encouraged the public to attend that meeting to make their opinions known. Seeing no further speakers, Chair Smith Closed the Public Hearing and called for a Motion. Land Use& Planning Board Minutes Page Oof7 January 25, 2O10 Board Member Jones MOVED and Board Member Phillips SECONDED a motion to recommend to the City Council approval of amendments to KCC 15.04.020 and 15.04.030, Residential Land Uses, as presented by staff. Motion PASSED unanimously 5-0 with all members voting YEA in favor. S. Adiournment Chair Smith adjourned the meeting at 9:40 pm Charlene Anderson, AICP, Long Range Planning Manager, LLIPB Board Secretary Land Use& Planning Board Minutes Page 7 of 7 January 25, 2016