Planning Commission, Public hearing staff ...
CITY OF PUYALLUP Development Services Department Puyallup City Hall 333 S. Meridian Puyallup WA 98371
TO:
Planning Commission
FROM:
Tom Utterback, Development Services
DATE:
June 7, 2017
RE:
Homeless-serving land uses; June 14, 2017 Commission public hearing
On June 14th, the Planning Commission will hold a public hearing on “homeless-serving land uses”. This staff report gives background on this topic and outlines multiple zoning code amendment options for Planning Commission consideration, based upon the Commission’s earlier work on this matter. BACKGROUND As outlined at Planning Commission meetings over the past six months, City Council took several actions in 2016-17 related to “homeless-serving land uses”: -
On March 22, 2016, Council approved Ordinance #3109 (Attachment A), which imposed a 180-day moratorium on any City land use permits/approvals for “uses and activities associated with emergency shelters, drop-in centers, and similar uses that provide social services to persons that are homeless in all zones located in the City of Puyallup.” That ordinance cited prior Council study sessions, in which extensive public comment was received relating to impacts associated with an existing homeless-serving drop-in center.
-
On April 5, 2016, City Council approved Ord. #3110, which amended Puyallup Municipal Code Sec. 5.90.060 to add a new category to that code’s list of “Significant Impact Businesses”, thus coming under that special business licensing process. That new use category involves “a business that provides social services or housing to persons that are or were homeless…including, but not limited to drop-in centers.”
-
On September 13, 2016, City Council held a public hearing and subsequently approved Ordinance #3121, which extended the above-cited moratorium for an additional 180days. On March 7, 2017, Council approved Ord. #3135, which did a further 180-day extension of that moratorium, until mid-September.
The Findings of Fact under Ordinances #3121 and #3135 specifically state the City’s intent to review its land use codes to determine if changes are warranted to better address those homelessserving land uses as referenced in the moratorium ordinances (i.e. “uses and activities associated with emergency shelters, drop-in centers, and similar uses that provide social services to persons 1
that are homeless in all zones in the City”). The Planning Commission reviewed and discussed this topic further at multiple meetings (i.e. 11/9/16, 12/14/16, 1/11/17). The following is a summary of key input to date from the Planning Commission: -
Uses excluded from further consideration: Staff proposed, and Commissioners generally concurred, that three specific use categories (which relate to the above-cited moratorium ordinance scope) should not be included in new code standards at this time, as follows: a. b.
c. -
-
-
permanent residential units potentially housing formerly-homeless individuals; social service-oriented professional office and service entities – public or private which have a mission to serve the greater community, but may include some homeless individuals within their clientele (e.g. DSHS, Food Bank, St. Francis House, Social Security Admin., etc.); and temporary homeless encampments, as regulated under PMC Sec. 20.73.
Uses to be addressed: Staff proposed, and Commissioners generally concurred, that two use categories, currently not directly addressed in the City zoning code, are most appropriate to be reviewed at this time: homeless daytime drop-in centers and homelessserving overnight shelters. A permanent overnight shelter facility may possibly serve a dual function by also housing drop-in center functions during daytime hours. Procedural standards: There was Planning Commission concurrence that any new daytime drop-in center or overnight center should be subject to a conditional use permit (CUP) wherever they are allowed. As detailed in this report, the Commission focused on optional City zone districts in which to conditionally permit these uses. Site Standards: The Commission expressed support for adopting site performance standards to ensure that any property adequately accommodates these homeless-serving uses. The Commission also supported the imposition of buffer setbacks (500’) between these homeless-serving uses and certain sensitive land uses, like those buffers considered under prior City zoning review of I-502 (marijuana) and methadone clinic uses.
POTENTIAL ZONING CODE AMENDMENTS 1. LAND USE DEFINITIONS A. Homeless daytime drop-in centers: No category currently exists in the City’s zoning code (aka PMC Title 20) for homeless day-time drop-in centers; therefore, the following proposed use definition would be codified under PMC Sec. 20.15.005 (Zoning definitions) (NOTE: this draft definition is based upon a Federal definition): Draft Code Text – HOMELESS DAYTIME DROP-IN CENTER definition: “A center which has a mission of principally serving homeless individuals, whose clientele may spend time during day or evening hours, but with no overnight stays. Services may include counseling and/or medication monitoring on a formal or informal basis, personal hygiene supplies, facilities for showering, shaving, napping, laundering clothes, making necessary telephone calls and other basic supportive services. Centers may also provide meals or facilities for cooking.” 2
B. Overnight shelters: No category also currently exists in Title 20 for overnight shelters serving homeless individuals; therefore, the following proposed use definition would be codified under PMC Sec. 20.15.005) (NOTE: this draft definition is based upon similar definitions from the cities of Seattle and Bellingham): Draft Code Text - DAYTIME DROP-IN CENTER definition: “A facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of the homeless. Temporary shelter facilities associated with disaster relief are excluded from this use category. OPTIONAL SENTENCE FOR DUAL FUNCTION SITES: Homeless drop-in center services may also be provided on the same site during daytime hours”. 2. PROCEDURAL STANDARDS (HOW & WHERE TO BE PERMITTED) A. Homeless daytime drop-in centers: Similar to prior zoning deliberations regarding 1502 and methadone clinic uses, staff presented two alternate approaches as to permitting (i.e. where to allow) homeless daytime drop-in centers which are now options for Commission consideration. Option #1 assumes that drop-in centers have attributes similar to (and should be permitted like) the existing zoning category of “professional offices and services”, which covers a variety of professional functions commonly found in commercial areas. Option #2 assumes that drop-in centers have attributes more similar to (and should be permitted like) the existing zoning category of “community facility uses”, which is a more-intensive heavy institutional use mostly found in manufacturing and some commercial zones. Attachment B contains the current City zoning definitions for both of these existing code use categories. i.
OPTION #1: Conditionally permit homeless daytime drop-in centers in all nonresidential zone districts where “professional office and service” uses are currently allowed (i.e. all “Commercial” (i.e. CG, CB, CL, CBD, CBD-Core) zones, “Office Professional”, all “Mixed Use” and “Medical” zones).
ii.
OPTION #2: Conditionally permit homeless daytime drop-in centers in certain zone districts where “community facility uses” are currently allowed (i.e. “General Commercial (CG)”, “Business Commercial (CB)” and all “Manufacturing” zones. The CBD/CBD-Core zones, where such uses are conditionally permitted, is not being included here). NOTE: DRAFT CODE TEXT (COLOR-CODED TO THE ABOVE SECTION) TO IMPLEMENT THE PROCEDURAL STANDARDS FOR EITHER DAYTIME DROPIN OPTION IS INTEGRATED INTO THE DRAFT CODE UNDER #3 (SITE STANDARDS) FURTHER BELOW.
B. Homeless overnight shelters: As with drop-in centers, staff presented two alternate ways for the permitting of homeless-serving overnight shelters, which are also now options for Commission consideration. Option #1 assumes that overnight shelters have attributes similar to (and should be permitted like) a conventional hotel/motel facility, which is permitted by right in most commercial zones and mixed-use areas. Paralleling 3
drop-in centers, Option #2 assumes that overnight shelters have attributes similar to (and should be permitted like) “community facility” uses. i.
OPTION #1: Conditionally permit homeless-serving overnight shelters in all zone districts where “hotels/motels” uses are currently allowed. This specifically includes all “Commercial” (i.e. CG, CB, CL, CBD, CBD-Core) zones and all “Mixed Use” zones (i.e. CMX, RMX, CCX, UCX, LMX).
ii.
OPTION #2: Conditionally permit homeless-serving overnight shelters in certain zone districts where “community facility uses” are currently allowed. This specifically includes the “General Commercial (CG)” and “Business Commercial (CB)” zones and all “Manufacturing” zones (i.e. ML, MP, MR).
NOTE: DRAFT CODE TEXT (COLOR-CODED TO THE ABOVE SECTION) TO IMPLEMENT PROCEDURAL STANDARDS FOR EITHER OVERNIGHT SHELTER OPTION IS INTEGRATED INTO THE DRAFT CODE UNDER #3 (SITE STANDARDS) BELOW.
3. SITE STANDARDS A. Homeless daytime drop-in centers: As noted above, Planning Commissioners generally concurred with requiring that any proposed daytime drop-in center site adhere to certain site compatibility standards for visibility, crime prevention and accessibility, as well as be buffered from “sensitive uses” including schools, parks, library, daycare/preschool, recreation facilities and senior care facilities (e.g. nursing homes, assisted living facilities – but not 55+ standard neighborhoods). Attachment D to this report contains Citywide maps depicting these draft buffers within each zone districts in which the use would be conditionally permitted under each option. The following draft code revisions would, respectively, implement both of the above-cited options for homeless-serving daytime drop-in centers within the applicable City zone districts: DRAFT CODE AMENDMENT TEXT - OPTION #1 (PERMIT DAYTIME DROP-IN CENTERS LIKE “PROFESSIONAL OFFICE & SERVICES” USES):
Professional Office zone (PMC Sec. 20.28) - draft amendments PMC Sec. 20.28.010(3.e): Permitted uses – OP Professional Office zone Homeless daytime drop-in center subject to all applicable standards of this Title, as well as the following standards:
(A) A finding shall be made that any property containing a homeless-serving daytime drop-in center shall have adequate on-site lighting and clear visibility from public rights-of-way, including the absence of adjacent sight-obscuring vegetation and related obstructions. 4
(B) Any parcel containing a homeless-serving daytime drop-in center shall be located at least 500’ from any of the following sensitive uses: i. ii. iii. iv. v. vi. vii.
Public or private school Public park, including public trails Public library Senior care facility Licensed day care center or licensed preschool facility Residentially-zoned parcels Non-profit community recreational facility (YMCA)
Commercial zones (PMC Sec. 20.30) – draft amendments Sec. 20.30.010, Permitted and Conditionally Permitted Uses – C Zones
(20) Homeless daytime drop-in
CBD
CBD-Core
CL
CB
CG
CUP*
CUP*
CUP*
CUP*
CUP*
centers
*Refer to 20.30.01_ (new section below)
PMC Sec. 20.30.01_ (New Section): Homeless daytime drop-in centers in C zones Homeless daytime drop-in centers are conditionally permitted and are subject to all applicable standards of this Title, as well as the following standards: (A) A finding shall be made that any property containing a homeless daytime drop-in center shall have adequate on-site lighting and clear visibility from public rights-of-way, including the absence of adjacent sight-obscuring vegetation and related obstructions. (B) Any parcel containing a homeless daytime drop-in center shall be located at least 500’ from any of the following sensitive uses: i. ii. iii. iv. v. vi. vii.
Public or private school (Pierce College?) Public park, including public trails Public library Licensed day care center or licensed preschool facility Senior care facility Residentially-zoned parcels (500’ or a lesser buffer?) Non-profit community recreational facility (YMCA)
5
Mixed-Use zone (PMC Sec. 20.31) - draft amendments 20.31.014 Conditionally permitted uses. Any public service use which is proposed concurrent with other development within the CMX or RMX zone shall be reviewed as a part of the master site plan process. Any public service use proposed as a stand-alone project shall be conditionally permitted in the CMX or RMX zone and shall be subject to the procedures and findings of Chapter 20.80 PMC. Homeless daytime drop-in centers are conditionally permitted and are subject to all applicable standards of this Title, as well as the following standards: (A) A finding shall be made that any property containing a homeless daytime drop-in center shall have adequate on-site lighting and clear visibility from public rights-of-way, including the absence of adjacent sight-obscuring vegetation and related obstructions. (B) Any parcel containing a homeless daytime drop-in center shall be located at least 500’ from any of the following sensitive uses: i. ii. iii. iv. v. vi. vii.
Public or private school Public park, including public trails Public library Licensed day care center or licensed preschool facility Senior care facility Residentially-zoned parcels Non-profit community recreational facility (YMCA)
Medical zone (PMC Sec. 20.43) - draft amendments 20.43.015 Conditionally permitted uses – MED zone. The following uses are conditionally permitted in the MED zone if not included as part of an approved master plan. A conditional use permit pursuant to Chapter 20.80 PMC shall be required and in full force and effect in order to establish said uses unless otherwise authorized through an approved master plan: (1) Churches; (2) Residential care facilities; (3) Residential treatment facilities; (4) Restaurants (no drive-through facilities allowed); (5) Hotel or motel; (6) Professional offices and services (no drive-through facilities allowed); (7) Florists; (8) Public service uses;
6
(9) Wireless communication facilities as a conditional use, subject to the provisions of Chapter 20.59 PMC; (10) Homeless daytime drop-in centers are conditionally permitted and are subject to all applicable standards of this Title, as well as the following standards: (A) A finding shall be made that any property containing a homeless daytime drop-in center shall have adequate on-site lighting and clear visibility from public rights-of-way, including the absence of adjacent sight-obscuring vegetation and related obstructions. (B) Any parcel containing a homeless daytime drop-in center shall be located at least 500’ from any of the following sensitive uses: i. Public or private school ii. Public park, including public trails iii. Public library iv. Licensed day care center or licensed preschool facility v. Senior care facility vi. Residentially-zoned parcels vii. Non-profit community recreational facility (YMCA) (110) Other uses related to a regional medical center, as determined by the community development director.
DRAFT CODE AMENDMENT TEXT - OPTION #2 (PERMIT DROP-IN CENTERS LIKE “COMMUNITY FACILITY USES”): Commercial zones (PMC Sec. 20.30) – draft amendments PMC Sec. 20.30.010 - Permitted and Conditionally Permitted Uses – C Zones
(20) Homeless daytime drop-in
CBD
CBD-Core
CL
CB
CG
-
-
-
CUP*
CUP*
centers
*Refer to 20.30.01_ (new section)
PMC Sec. 20.30.01_ (New Section): Homeless daytime drop-in centers in CG/CB zones Homeless daytime drop-in centers are conditionally permitted and are subject to all applicable standards of this Title, as well as the following standards: (A) A finding shall be made that any property containing a homeless daytime drop-in center shall have adequate on-site lighting and clear visibility from public rights-of-way, including the absence of adjacent sight-obscuring vegetation and related obstructions. 7
(B) Any parcel containing a homeless-serving daytime drop-in center shall be located at least 500’ from any of the following sensitive uses:
i. ii. iii. iv. v. vi. vii.
Public or private school Public park, including public trails Public library Licensed day care center or licensed preschool facility Senior care facility Residentially-zoned parcels Non-profit community recreational facility (YMCA)
Manufacturing zones (PMC Sec. 20.35) - draft amendments Table 20.35.010 Permitted and Conditionally Permitted Uses – M Zones
ML
MP
RM
CUP
CUP
CUP
Homeless daytime (33) drop-in centers
PMC Sec. 20.35.0__(New Section):Homeless-serving overnight shelter in M zones Homeless daytime drop-in centers are conditionally permitted and are subject to all applicable standards of this Title, as well as the following standards: (A) A finding shall be made that any property containing a homeless daytime drop-in center shall have adequate on-site lighting and clear visibility from public rights-of-way, including the absence of adjacent sight-obscuring vegetation and related obstructions. (B) A finding shall be made that any property containing a homeless daytime drop-in center shall be in general proximity (i.e. within 1000’) to public transportation and shall have adequate on-site parking, unless sited in a location and zone district which would not otherwise have an off-street code parking requirement. (C) Any parcel containing a homeless daytime drop-in center shall be located at least 500’ from any of the following sensitive uses: i. ii. iii. iv. v. vi. vii.
Public or private school Public park, including public trails Public library Licensed day care center or licensed preschool facility Senior care facility Residentially-zoned parcels Non-profit community recreational facility (e.g. YMCA) 8
1. Homeless-serving overnight shelters: Planning Commissioners generally concurred with requiring that any proposed homeless-serving overnight shelters also adhere to certain site compatibility standards, as well as being buffered from “sensitive uses” including schools, parks, library, daycare/preschool, recreation facilities and senior care facilities. The following draft standards would be codified in whichever zone district such shelter uses are conditionally permitted: DRAFT CODE AMENDMENT TEXT - OPTION #1 (PERMIT OVERNIGHT SHELTERS LIKE “HOTEL/MOTEL” USES): Commercial zones (PMC Sec. 20.30) – draft amendments Table 20.30.010: Permitted and Conditionally Permitted Uses – C Zones
(20) Homeless-serving overnight
CBD
CBD-Core
CL
CB
CG
CUP*
CUP*
CUP*
CUP*
CUP*
shelters
*Refer to 20.30.01_ (new section below)
PMC Sec. 20.30.01_ (New Section): Homeless-serving overnight shelters in C zones Homeless-serving overnight shelters are conditionally permitted and are subject to all applicable standards of this Title, as well as the following standards: (A) A finding shall be made that any property containing a homeless-serving overnight shelters shall have adequate on-site lighting and clear visibility from public rights-ofway, including the absence of adjacent sight-obscuring vegetation and related obstructions. (B) Any parcel containing a homeless-serving overnight shelter shall be located at least 500’ from any of the following sensitive uses:
i. ii. iii. iv. v. vi. vii.
Public or private school Public park, including public trails Public library Licensed day care center or licensed preschool facility Senior care facility Residentially-zoned parcels Non-profit community recreational facility (YMCA)
9
Mixed-use Zoning (PMC Sec. 20.31) - draft amendments 20.31.014 Conditionally permitted uses. Any public service use which is proposed concurrent with other development within the CMX or RMX zone shall be reviewed as a part of the master site plan process. Any public service use proposed as a stand-alone project shall be conditionally permitted in the CMX or RMX zone and shall be subject to the procedures and findings of Chapter 20.80 PMC. Homeless-serving overnight shelters are conditionally permitted and are subject to all applicable standards of this Title, as well as the following standards: (A) A finding shall be made that any property containing a homeless-serving overnight shelters shall have adequate on-site lighting and clear visibility from public rights-ofway, including the absence of adjacent sight-obscuring vegetation and related obstructions. (B) Any parcel containing a homeless-serving overnight shelters shall be located at least 500’ from any of the following sensitive uses: i. ii. iii. iv. v. vi. vii.
Public or private school Public park, including public trails Public library Licensed day care center or licensed preschool facility Senior care facility Residentially-zoned parcel Non-profit community recreational facility (YMCA)
DRAFT CODE AMENDMENT TEXT - OPTION #2 (PERMIT OVERNIGHT SHELTERS LIKE “COMMUNITY FACILITY USES”): Commercial zones (PMC Sec. 20.30) – draft amendments
Table 20.30.010: Permitted and Conditionally Permitted Uses – C Zones
(20) Homeless-serving overnight
CBD
CBD-Core
CL
CB
CG
-
-
-
CUP*
CUP*
shelter
*Refer to 20.30.01_ (new section below) 10
PMC Sec. 20.30.01_ (New Section): Homeless daytime drop-in centers in CG/CB zones Homeless-serving overnight shelters are conditionally permitted and are subject to all applicable standards of this Title, as well as the following standards: (A) A finding shall be made that any property containing a homeless-serving overnight shelters shall have adequate on-site lighting and clear visibility from public rights-ofway, including the absence of adjacent sight-obscuring vegetation and related obstructions. (B) Any parcel containing a homeless-serving overnight shelters shall be located at least 500’ from any of the following sensitive uses: i. ii. iii. iv. v. vi. vii.
Public or private school Public park, including public trails Public library Licensed day care center or licensed preschool facility Senior care facility Residentially-zoned parcel Non-profit community recreational facility (YMCA)
Manufacturing zones (PMC Sec. 20.35) - draft amendments
Table 20.35.010 Permitted and Conditionally Permitted Uses – M Zones
ML
MP
RM
CUP
CUP
CUP
Homeless-serving (33) overnight shelter
PMC Sec. 20.35.0__ (New Section): Homeless-serving overnight shelter in M zones Homeless-serving overnight shelters are conditionally permitted and are subject to all applicable standards of this Title, as well as the following standards: (A) A finding shall be made that any property containing a homeless-serving overnight shelters shall have adequate on-site lighting and clear visibility from public rights-ofway, including the absence of adjacent sight-obscuring vegetation and related obstructions. (B) Any parcel containing a homeless-serving overnight shelters shall be located at least 500’ from any of the following sensitive uses: 11
i. ii. iii. iv. v. vi. vii.
Public or private school Public park, including public trails Public library Licensed day care center or licensed preschool facility Senior care facility Residentially-zoned parcel Non-profit community recreational facility (YMCA)
DECISION CRITERIA Per PMC Sec. 20.91.010, any amendment to Title 20 shall be reviewed given the consistency of said amendment with the goals, objectives and policies of the City Comprehensive Plan. There are a couple of policies from the Comprehensive Plan Land Use & Housing Element which are generally applicable to these options: LU-1: Establish clear and predictable land use permit processes that encourage public input and provide consistent application of regulations LU-33.2: Establish siting criteria to encourage location of services near transit hubs, protect surrounding uses and mitigate impacts of any specific facility to the neighborhood and City. HU-6.1: Encourage and support the development of emergency, transitional and permanent housing with appropriate on-site services for persons with special needs. HU-6.6: Work with other jurisdictions and health and social service organizations to develop a coordinated, regional approach to homelessness.
The City currently has no homeless-serving overnight shelters and very limited instances of homeless daytime drop-in centers. Therefore, the actual ongoing occurrence of these homelessserving land uses is expected to continue to be very limited. All zoning options under Planning Commission consideration would establish clear standards for the siting of such facilities while addressing potential compatibility concerns and impact mitigation. Therefore, staff does not find any clear inconsistencies with the above-cited Comprehensive Plan policies from the options under consideration.
PLANNING COMMISSION DETERMINATION As outlined in this staff report, two optional zoning approaches are being presented for each of the two homeless-serving land uses under Planning Commission consideration. The key distinction between each involves those zone districts in which to conditionally permit each option; the related permit procedures and development standards are essentially the same under each. Upon reviewing the various zoning/buffer maps, the Planning Commission, of course, may choose some “hybrid” combination of appropriate zone districts for this recommendation, plus Commissioners may wish to alter specific draft site performance standards and/or buffers. 12
The Planning Commission’s overall recommendation would be heavily based upon your policy determination as to how each of these homeless-serving land uses (daytime drop-in centers and overnight shelters) should be established in zoning: as more of a quasi-commercial use (i.e. Option #1 for each) or more of a quasi-industrial use (Option #2) for each use.
A SEPA Determination of Non-Significance (DNS) is being issued for these amendments. Staff will be available at the June 14th public hearing to address this issue further.
ATTACHMENTS A - Ordinance #3109 (Initial Moratorium ordinance) B - PMC definitions for “Professional Offices & Services” and “Community Facility” use categories C - Required findings for CUP approval (PMC Sec. 20.80.010) D - Maps showing locations for possibly siting either daytime drop-in centers or overnight shelters, under Zoning Options #1 & 2 for each use, respectively, given proposed sensitive-use buffers
13
TO:
Planning Commission
FROM:
Tom Utterback, Development Services
DATE:
June 7, 2017
RE:
Homeless-serving land uses; June 14, 2017 Commission public hearing
On June 14th, the Planning Commission will hold a public hearing on “homeless-serving land uses”. This staff report gives background on this topic and outlines multiple zoning code amendment options for Planning Commission consideration, based upon the Commission’s earlier work on this matter. BACKGROUND As outlined at Planning Commission meetings over the past six months, City Council took several actions in 2016-17 related to “homeless-serving land uses”: -
On March 22, 2016, Council approved Ordinance #3109 (Attachment A), which imposed a 180-day moratorium on any City land use permits/approvals for “uses and activities associated with emergency shelters, drop-in centers, and similar uses that provide social services to persons that are homeless in all zones located in the City of Puyallup.” That ordinance cited prior Council study sessions, in which extensive public comment was received relating to impacts associated with an existing homeless-serving drop-in center.
-
On April 5, 2016, City Council approved Ord. #3110, which amended Puyallup Municipal Code Sec. 5.90.060 to add a new category to that code’s list of “Significant Impact Businesses”, thus coming under that special business licensing process. That new use category involves “a business that provides social services or housing to persons that are or were homeless…including, but not limited to drop-in centers.”
-
On September 13, 2016, City Council held a public hearing and subsequently approved Ordinance #3121, which extended the above-cited moratorium for an additional 180days. On March 7, 2017, Council approved Ord. #3135, which did a further 180-day extension of that moratorium, until mid-September.
The Findings of Fact under Ordinances #3121 and #3135 specifically state the City’s intent to review its land use codes to determine if changes are warranted to better address those homelessserving land uses as referenced in the moratorium ordinances (i.e. “uses and activities associated with emergency shelters, drop-in centers, and similar uses that provide social services to persons 1
that are homeless in all zones in the City”). The Planning Commission reviewed and discussed this topic further at multiple meetings (i.e. 11/9/16, 12/14/16, 1/11/17). The following is a summary of key input to date from the Planning Commission: -
Uses excluded from further consideration: Staff proposed, and Commissioners generally concurred, that three specific use categories (which relate to the above-cited moratorium ordinance scope) should not be included in new code standards at this time, as follows: a. b.
c. -
-
-
permanent residential units potentially housing formerly-homeless individuals; social service-oriented professional office and service entities – public or private which have a mission to serve the greater community, but may include some homeless individuals within their clientele (e.g. DSHS, Food Bank, St. Francis House, Social Security Admin., etc.); and temporary homeless encampments, as regulated under PMC Sec. 20.73.
Uses to be addressed: Staff proposed, and Commissioners generally concurred, that two use categories, currently not directly addressed in the City zoning code, are most appropriate to be reviewed at this time: homeless daytime drop-in centers and homelessserving overnight shelters. A permanent overnight shelter facility may possibly serve a dual function by also housing drop-in center functions during daytime hours. Procedural standards: There was Planning Commission concurrence that any new daytime drop-in center or overnight center should be subject to a conditional use permit (CUP) wherever they are allowed. As detailed in this report, the Commission focused on optional City zone districts in which to conditionally permit these uses. Site Standards: The Commission expressed support for adopting site performance standards to ensure that any property adequately accommodates these homeless-serving uses. The Commission also supported the imposition of buffer setbacks (500’) between these homeless-serving uses and certain sensitive land uses, like those buffers considered under prior City zoning review of I-502 (marijuana) and methadone clinic uses.
POTENTIAL ZONING CODE AMENDMENTS 1. LAND USE DEFINITIONS A. Homeless daytime drop-in centers: No category currently exists in the City’s zoning code (aka PMC Title 20) for homeless day-time drop-in centers; therefore, the following proposed use definition would be codified under PMC Sec. 20.15.005 (Zoning definitions) (NOTE: this draft definition is based upon a Federal definition): Draft Code Text – HOMELESS DAYTIME DROP-IN CENTER definition: “A center which has a mission of principally serving homeless individuals, whose clientele may spend time during day or evening hours, but with no overnight stays. Services may include counseling and/or medication monitoring on a formal or informal basis, personal hygiene supplies, facilities for showering, shaving, napping, laundering clothes, making necessary telephone calls and other basic supportive services. Centers may also provide meals or facilities for cooking.” 2
B. Overnight shelters: No category also currently exists in Title 20 for overnight shelters serving homeless individuals; therefore, the following proposed use definition would be codified under PMC Sec. 20.15.005) (NOTE: this draft definition is based upon similar definitions from the cities of Seattle and Bellingham): Draft Code Text - DAYTIME DROP-IN CENTER definition: “A facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of the homeless. Temporary shelter facilities associated with disaster relief are excluded from this use category. OPTIONAL SENTENCE FOR DUAL FUNCTION SITES: Homeless drop-in center services may also be provided on the same site during daytime hours”. 2. PROCEDURAL STANDARDS (HOW & WHERE TO BE PERMITTED) A. Homeless daytime drop-in centers: Similar to prior zoning deliberations regarding 1502 and methadone clinic uses, staff presented two alternate approaches as to permitting (i.e. where to allow) homeless daytime drop-in centers which are now options for Commission consideration. Option #1 assumes that drop-in centers have attributes similar to (and should be permitted like) the existing zoning category of “professional offices and services”, which covers a variety of professional functions commonly found in commercial areas. Option #2 assumes that drop-in centers have attributes more similar to (and should be permitted like) the existing zoning category of “community facility uses”, which is a more-intensive heavy institutional use mostly found in manufacturing and some commercial zones. Attachment B contains the current City zoning definitions for both of these existing code use categories. i.
OPTION #1: Conditionally permit homeless daytime drop-in centers in all nonresidential zone districts where “professional office and service” uses are currently allowed (i.e. all “Commercial” (i.e. CG, CB, CL, CBD, CBD-Core) zones, “Office Professional”, all “Mixed Use” and “Medical” zones).
ii.
OPTION #2: Conditionally permit homeless daytime drop-in centers in certain zone districts where “community facility uses” are currently allowed (i.e. “General Commercial (CG)”, “Business Commercial (CB)” and all “Manufacturing” zones. The CBD/CBD-Core zones, where such uses are conditionally permitted, is not being included here). NOTE: DRAFT CODE TEXT (COLOR-CODED TO THE ABOVE SECTION) TO IMPLEMENT THE PROCEDURAL STANDARDS FOR EITHER DAYTIME DROPIN OPTION IS INTEGRATED INTO THE DRAFT CODE UNDER #3 (SITE STANDARDS) FURTHER BELOW.
B. Homeless overnight shelters: As with drop-in centers, staff presented two alternate ways for the permitting of homeless-serving overnight shelters, which are also now options for Commission consideration. Option #1 assumes that overnight shelters have attributes similar to (and should be permitted like) a conventional hotel/motel facility, which is permitted by right in most commercial zones and mixed-use areas. Paralleling 3
drop-in centers, Option #2 assumes that overnight shelters have attributes similar to (and should be permitted like) “community facility” uses. i.
OPTION #1: Conditionally permit homeless-serving overnight shelters in all zone districts where “hotels/motels” uses are currently allowed. This specifically includes all “Commercial” (i.e. CG, CB, CL, CBD, CBD-Core) zones and all “Mixed Use” zones (i.e. CMX, RMX, CCX, UCX, LMX).
ii.
OPTION #2: Conditionally permit homeless-serving overnight shelters in certain zone districts where “community facility uses” are currently allowed. This specifically includes the “General Commercial (CG)” and “Business Commercial (CB)” zones and all “Manufacturing” zones (i.e. ML, MP, MR).
NOTE: DRAFT CODE TEXT (COLOR-CODED TO THE ABOVE SECTION) TO IMPLEMENT PROCEDURAL STANDARDS FOR EITHER OVERNIGHT SHELTER OPTION IS INTEGRATED INTO THE DRAFT CODE UNDER #3 (SITE STANDARDS) BELOW.
3. SITE STANDARDS A. Homeless daytime drop-in centers: As noted above, Planning Commissioners generally concurred with requiring that any proposed daytime drop-in center site adhere to certain site compatibility standards for visibility, crime prevention and accessibility, as well as be buffered from “sensitive uses” including schools, parks, library, daycare/preschool, recreation facilities and senior care facilities (e.g. nursing homes, assisted living facilities – but not 55+ standard neighborhoods). Attachment D to this report contains Citywide maps depicting these draft buffers within each zone districts in which the use would be conditionally permitted under each option. The following draft code revisions would, respectively, implement both of the above-cited options for homeless-serving daytime drop-in centers within the applicable City zone districts: DRAFT CODE AMENDMENT TEXT - OPTION #1 (PERMIT DAYTIME DROP-IN CENTERS LIKE “PROFESSIONAL OFFICE & SERVICES” USES):
Professional Office zone (PMC Sec. 20.28) - draft amendments PMC Sec. 20.28.010(3.e): Permitted uses – OP Professional Office zone Homeless daytime drop-in center subject to all applicable standards of this Title, as well as the following standards:
(A) A finding shall be made that any property containing a homeless-serving daytime drop-in center shall have adequate on-site lighting and clear visibility from public rights-of-way, including the absence of adjacent sight-obscuring vegetation and related obstructions. 4
(B) Any parcel containing a homeless-serving daytime drop-in center shall be located at least 500’ from any of the following sensitive uses: i. ii. iii. iv. v. vi. vii.
Public or private school Public park, including public trails Public library Senior care facility Licensed day care center or licensed preschool facility Residentially-zoned parcels Non-profit community recreational facility (YMCA)
Commercial zones (PMC Sec. 20.30) – draft amendments Sec. 20.30.010, Permitted and Conditionally Permitted Uses – C Zones
(20) Homeless daytime drop-in
CBD
CBD-Core
CL
CB
CG
CUP*
CUP*
CUP*
CUP*
CUP*
centers
*Refer to 20.30.01_ (new section below)
PMC Sec. 20.30.01_ (New Section): Homeless daytime drop-in centers in C zones Homeless daytime drop-in centers are conditionally permitted and are subject to all applicable standards of this Title, as well as the following standards: (A) A finding shall be made that any property containing a homeless daytime drop-in center shall have adequate on-site lighting and clear visibility from public rights-of-way, including the absence of adjacent sight-obscuring vegetation and related obstructions. (B) Any parcel containing a homeless daytime drop-in center shall be located at least 500’ from any of the following sensitive uses: i. ii. iii. iv. v. vi. vii.
Public or private school (Pierce College?) Public park, including public trails Public library Licensed day care center or licensed preschool facility Senior care facility Residentially-zoned parcels (500’ or a lesser buffer?) Non-profit community recreational facility (YMCA)
5
Mixed-Use zone (PMC Sec. 20.31) - draft amendments 20.31.014 Conditionally permitted uses. Any public service use which is proposed concurrent with other development within the CMX or RMX zone shall be reviewed as a part of the master site plan process. Any public service use proposed as a stand-alone project shall be conditionally permitted in the CMX or RMX zone and shall be subject to the procedures and findings of Chapter 20.80 PMC. Homeless daytime drop-in centers are conditionally permitted and are subject to all applicable standards of this Title, as well as the following standards: (A) A finding shall be made that any property containing a homeless daytime drop-in center shall have adequate on-site lighting and clear visibility from public rights-of-way, including the absence of adjacent sight-obscuring vegetation and related obstructions. (B) Any parcel containing a homeless daytime drop-in center shall be located at least 500’ from any of the following sensitive uses: i. ii. iii. iv. v. vi. vii.
Public or private school Public park, including public trails Public library Licensed day care center or licensed preschool facility Senior care facility Residentially-zoned parcels Non-profit community recreational facility (YMCA)
Medical zone (PMC Sec. 20.43) - draft amendments 20.43.015 Conditionally permitted uses – MED zone. The following uses are conditionally permitted in the MED zone if not included as part of an approved master plan. A conditional use permit pursuant to Chapter 20.80 PMC shall be required and in full force and effect in order to establish said uses unless otherwise authorized through an approved master plan: (1) Churches; (2) Residential care facilities; (3) Residential treatment facilities; (4) Restaurants (no drive-through facilities allowed); (5) Hotel or motel; (6) Professional offices and services (no drive-through facilities allowed); (7) Florists; (8) Public service uses;
6
(9) Wireless communication facilities as a conditional use, subject to the provisions of Chapter 20.59 PMC; (10) Homeless daytime drop-in centers are conditionally permitted and are subject to all applicable standards of this Title, as well as the following standards: (A) A finding shall be made that any property containing a homeless daytime drop-in center shall have adequate on-site lighting and clear visibility from public rights-of-way, including the absence of adjacent sight-obscuring vegetation and related obstructions. (B) Any parcel containing a homeless daytime drop-in center shall be located at least 500’ from any of the following sensitive uses: i. Public or private school ii. Public park, including public trails iii. Public library iv. Licensed day care center or licensed preschool facility v. Senior care facility vi. Residentially-zoned parcels vii. Non-profit community recreational facility (YMCA) (110) Other uses related to a regional medical center, as determined by the community development director.
DRAFT CODE AMENDMENT TEXT - OPTION #2 (PERMIT DROP-IN CENTERS LIKE “COMMUNITY FACILITY USES”): Commercial zones (PMC Sec. 20.30) – draft amendments PMC Sec. 20.30.010 - Permitted and Conditionally Permitted Uses – C Zones
(20) Homeless daytime drop-in
CBD
CBD-Core
CL
CB
CG
-
-
-
CUP*
CUP*
centers
*Refer to 20.30.01_ (new section)
PMC Sec. 20.30.01_ (New Section): Homeless daytime drop-in centers in CG/CB zones Homeless daytime drop-in centers are conditionally permitted and are subject to all applicable standards of this Title, as well as the following standards: (A) A finding shall be made that any property containing a homeless daytime drop-in center shall have adequate on-site lighting and clear visibility from public rights-of-way, including the absence of adjacent sight-obscuring vegetation and related obstructions. 7
(B) Any parcel containing a homeless-serving daytime drop-in center shall be located at least 500’ from any of the following sensitive uses:
i. ii. iii. iv. v. vi. vii.
Public or private school Public park, including public trails Public library Licensed day care center or licensed preschool facility Senior care facility Residentially-zoned parcels Non-profit community recreational facility (YMCA)
Manufacturing zones (PMC Sec. 20.35) - draft amendments Table 20.35.010 Permitted and Conditionally Permitted Uses – M Zones
ML
MP
RM
CUP
CUP
CUP
Homeless daytime (33) drop-in centers
PMC Sec. 20.35.0__(New Section):Homeless-serving overnight shelter in M zones Homeless daytime drop-in centers are conditionally permitted and are subject to all applicable standards of this Title, as well as the following standards: (A) A finding shall be made that any property containing a homeless daytime drop-in center shall have adequate on-site lighting and clear visibility from public rights-of-way, including the absence of adjacent sight-obscuring vegetation and related obstructions. (B) A finding shall be made that any property containing a homeless daytime drop-in center shall be in general proximity (i.e. within 1000’) to public transportation and shall have adequate on-site parking, unless sited in a location and zone district which would not otherwise have an off-street code parking requirement. (C) Any parcel containing a homeless daytime drop-in center shall be located at least 500’ from any of the following sensitive uses: i. ii. iii. iv. v. vi. vii.
Public or private school Public park, including public trails Public library Licensed day care center or licensed preschool facility Senior care facility Residentially-zoned parcels Non-profit community recreational facility (e.g. YMCA) 8
1. Homeless-serving overnight shelters: Planning Commissioners generally concurred with requiring that any proposed homeless-serving overnight shelters also adhere to certain site compatibility standards, as well as being buffered from “sensitive uses” including schools, parks, library, daycare/preschool, recreation facilities and senior care facilities. The following draft standards would be codified in whichever zone district such shelter uses are conditionally permitted: DRAFT CODE AMENDMENT TEXT - OPTION #1 (PERMIT OVERNIGHT SHELTERS LIKE “HOTEL/MOTEL” USES): Commercial zones (PMC Sec. 20.30) – draft amendments Table 20.30.010: Permitted and Conditionally Permitted Uses – C Zones
(20) Homeless-serving overnight
CBD
CBD-Core
CL
CB
CG
CUP*
CUP*
CUP*
CUP*
CUP*
shelters
*Refer to 20.30.01_ (new section below)
PMC Sec. 20.30.01_ (New Section): Homeless-serving overnight shelters in C zones Homeless-serving overnight shelters are conditionally permitted and are subject to all applicable standards of this Title, as well as the following standards: (A) A finding shall be made that any property containing a homeless-serving overnight shelters shall have adequate on-site lighting and clear visibility from public rights-ofway, including the absence of adjacent sight-obscuring vegetation and related obstructions. (B) Any parcel containing a homeless-serving overnight shelter shall be located at least 500’ from any of the following sensitive uses:
i. ii. iii. iv. v. vi. vii.
Public or private school Public park, including public trails Public library Licensed day care center or licensed preschool facility Senior care facility Residentially-zoned parcels Non-profit community recreational facility (YMCA)
9
Mixed-use Zoning (PMC Sec. 20.31) - draft amendments 20.31.014 Conditionally permitted uses. Any public service use which is proposed concurrent with other development within the CMX or RMX zone shall be reviewed as a part of the master site plan process. Any public service use proposed as a stand-alone project shall be conditionally permitted in the CMX or RMX zone and shall be subject to the procedures and findings of Chapter 20.80 PMC. Homeless-serving overnight shelters are conditionally permitted and are subject to all applicable standards of this Title, as well as the following standards: (A) A finding shall be made that any property containing a homeless-serving overnight shelters shall have adequate on-site lighting and clear visibility from public rights-ofway, including the absence of adjacent sight-obscuring vegetation and related obstructions. (B) Any parcel containing a homeless-serving overnight shelters shall be located at least 500’ from any of the following sensitive uses: i. ii. iii. iv. v. vi. vii.
Public or private school Public park, including public trails Public library Licensed day care center or licensed preschool facility Senior care facility Residentially-zoned parcel Non-profit community recreational facility (YMCA)
DRAFT CODE AMENDMENT TEXT - OPTION #2 (PERMIT OVERNIGHT SHELTERS LIKE “COMMUNITY FACILITY USES”): Commercial zones (PMC Sec. 20.30) – draft amendments
Table 20.30.010: Permitted and Conditionally Permitted Uses – C Zones
(20) Homeless-serving overnight
CBD
CBD-Core
CL
CB
CG
-
-
-
CUP*
CUP*
shelter
*Refer to 20.30.01_ (new section below) 10
PMC Sec. 20.30.01_ (New Section): Homeless daytime drop-in centers in CG/CB zones Homeless-serving overnight shelters are conditionally permitted and are subject to all applicable standards of this Title, as well as the following standards: (A) A finding shall be made that any property containing a homeless-serving overnight shelters shall have adequate on-site lighting and clear visibility from public rights-ofway, including the absence of adjacent sight-obscuring vegetation and related obstructions. (B) Any parcel containing a homeless-serving overnight shelters shall be located at least 500’ from any of the following sensitive uses: i. ii. iii. iv. v. vi. vii.
Public or private school Public park, including public trails Public library Licensed day care center or licensed preschool facility Senior care facility Residentially-zoned parcel Non-profit community recreational facility (YMCA)
Manufacturing zones (PMC Sec. 20.35) - draft amendments
Table 20.35.010 Permitted and Conditionally Permitted Uses – M Zones
ML
MP
RM
CUP
CUP
CUP
Homeless-serving (33) overnight shelter
PMC Sec. 20.35.0__ (New Section): Homeless-serving overnight shelter in M zones Homeless-serving overnight shelters are conditionally permitted and are subject to all applicable standards of this Title, as well as the following standards: (A) A finding shall be made that any property containing a homeless-serving overnight shelters shall have adequate on-site lighting and clear visibility from public rights-ofway, including the absence of adjacent sight-obscuring vegetation and related obstructions. (B) Any parcel containing a homeless-serving overnight shelters shall be located at least 500’ from any of the following sensitive uses: 11
i. ii. iii. iv. v. vi. vii.
Public or private school Public park, including public trails Public library Licensed day care center or licensed preschool facility Senior care facility Residentially-zoned parcel Non-profit community recreational facility (YMCA)
DECISION CRITERIA Per PMC Sec. 20.91.010, any amendment to Title 20 shall be reviewed given the consistency of said amendment with the goals, objectives and policies of the City Comprehensive Plan. There are a couple of policies from the Comprehensive Plan Land Use & Housing Element which are generally applicable to these options: LU-1: Establish clear and predictable land use permit processes that encourage public input and provide consistent application of regulations LU-33.2: Establish siting criteria to encourage location of services near transit hubs, protect surrounding uses and mitigate impacts of any specific facility to the neighborhood and City. HU-6.1: Encourage and support the development of emergency, transitional and permanent housing with appropriate on-site services for persons with special needs. HU-6.6: Work with other jurisdictions and health and social service organizations to develop a coordinated, regional approach to homelessness.
The City currently has no homeless-serving overnight shelters and very limited instances of homeless daytime drop-in centers. Therefore, the actual ongoing occurrence of these homelessserving land uses is expected to continue to be very limited. All zoning options under Planning Commission consideration would establish clear standards for the siting of such facilities while addressing potential compatibility concerns and impact mitigation. Therefore, staff does not find any clear inconsistencies with the above-cited Comprehensive Plan policies from the options under consideration.
PLANNING COMMISSION DETERMINATION As outlined in this staff report, two optional zoning approaches are being presented for each of the two homeless-serving land uses under Planning Commission consideration. The key distinction between each involves those zone districts in which to conditionally permit each option; the related permit procedures and development standards are essentially the same under each. Upon reviewing the various zoning/buffer maps, the Planning Commission, of course, may choose some “hybrid” combination of appropriate zone districts for this recommendation, plus Commissioners may wish to alter specific draft site performance standards and/or buffers. 12
The Planning Commission’s overall recommendation would be heavily based upon your policy determination as to how each of these homeless-serving land uses (daytime drop-in centers and overnight shelters) should be established in zoning: as more of a quasi-commercial use (i.e. Option #1 for each) or more of a quasi-industrial use (Option #2) for each use.
A SEPA Determination of Non-Significance (DNS) is being issued for these amendments. Staff will be available at the June 14th public hearing to address this issue further.
ATTACHMENTS A - Ordinance #3109 (Initial Moratorium ordinance) B - PMC definitions for “Professional Offices & Services” and “Community Facility” use categories C - Required findings for CUP approval (PMC Sec. 20.80.010) D - Maps showing locations for possibly siting either daytime drop-in centers or overnight shelters, under Zoning Options #1 & 2 for each use, respectively, given proposed sensitive-use buffers
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