Planning Commission Meeting

AGENDA PLANNINGCOMMISSION MEETING THURSDAY, March 17, 2022 CITY OF VIA ZOOM N0 R“M AN’[JV PAR 14; htt s://usO2web.zoom.us/'/85785318835 WAS“ ' NGTDN Webinar ID: 357 8531 8835 I. Call to Order — Chair Weller II. Roll Call III. Pledge of Allegiance IV. Approval of Agenda Director’s Report VI. Public Comment Submit comments via email with the subject line ‘City of Normandy Park Planning Commission Public Comment’ to nmatz normand arkwa. ov no later than 4:30 p.m. on the Wednesday before the scheduled meeting. All comments received by this time and date will be read aloud during the remote Zoom meeting. VII. New Business - Study Session No items VIII. Continued Business — Study Session a. City Counci|—directed work program for NPMC amendments in regard to E2SHB 1220 revisions draft from February 17 PC — IX. Approval of Minutes a. February 17, 2022 Meeting Minutes For questions about meeting minutes, please check audio recordings on the City website media page: htt s://www.normand arkwa. ovlmedial X. Adjournment  Normandy Park Planning Commission cm, 0,, Agenda Bill PC21-005 NORMAN DY PARK Meeting Date: March 17, 2022 WASHVINGTON Agenda Category: Continued Business SUBJECT Type V code amendment work item to comply with state legislation in E2SHB 1220 regarding code provisions for newly legislated supportive housing types. PRESENTED BY Nicholas Matz AICP, Community Development Director BACKGROUND In 2021, the State Legislature enacted E2SHB 1220 in order to promote affordable housing options in local jurisdictions. The Municipal Research and Services Center (“MRSC”), in a June 29 blog post, noted “Homelessness and affordable housing are two major and difficult issues facing communities throughout the state of Washington. To help address these complicated issues, E2SHB 1220 was meant to encourage code cities to take active steps to accommodate transitional housing, emergency shelters, and similar homelessness—related facilities through local planning and changes to local development regulations.” The legislation requires that transitional and permanent supportive types of housing not be prohibited in any zones in which residential dwelling units or hotels are allowed, and that emergency housing and emergency shelter uses not be prohibited in any zones in which hotels are allowed. Fortunately, the legislation allows for “reasonable occupancy, spacing, and intensity of use requirements [which] may be imposed by ordinance...to protect public health and safety.” What has the City of Normandy Park done to date? At its February 17, 2022 meeting study session the Planning Commission held a round table discussion with representatives from four organizations that provide housing and services to the served populations supported by E2SHB 1220 legislation. Commissioners then continued their review of proposed amendments, particularly differences (illustrated in Attachments to the meeting) between Paths B and C for emergency shelters and emergency housing land use regulation.  . . At its January 20, 2022 meeting study session the Planning Commission continued its study of the multipart drafts for housing policy adoption, land use definitions, a regulatory scheme including the conditional use permit process, and the application of standards and MOA frameworks. After the November 18, 2021 meeting study session, Planning Commissioners directed . staff to bring fonivard draft proposals — . regulations which reflect a . draft would also consider Normandy . ‘.1 for a focus on an interim approach to regulation and I.'.‘| Park-specific approach to each of these uses. The clarifying the response H proportionate to our size, and with a - focus on an exceptionally humane and[ u. --. dignified approach, and which encourages a - regionalH ' approach. I Planning Commissioners continued their discussion at the October 28, 2021 meeting regarding the code components of such legislation as 'applied to Normandy Park. They ‘I ' ' directed staff to I bring fonNard draft proposals for an interim ordinance while continuing to .- -' discuss options for regional I I partnerships, assuring H I sponsorship organization operating ' plans, and trying I to get a handle on HI the numbers that reflect south King County ' circumstances. Planning Commissioners held a thoughtful and detailed discussion at the September 16, 2021 meeting regarding the City Counci|’s direction for this work program, and what the Commission Mu believes ' is n necessary to respond to the I requirements in the adopted . legislation. These requirements in Section 3 of the bill contain the following preemptions of Ilocal zoning authority*: o A code city shall not prohibit transitional housing orpermanent supportive housing . . ._ zones in which residential dwelling units or hotels are allowed... in any _>_ », '- 0 a code city shall not prohibit indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed, except in such cities that have adopted an ordinance V’ authorizing indoor emergency shelters and indoor emergency housing in a majority of zones within a one-mile proximity to transit; ‘I Valley Ordinance O-21-726 *as described in Maple On September 14, 2021 the City Council invited State Representative Tina Onlvall(D— Des discuss recentI state legislation I regarding HB 1477 (implementing the national Moines) to ‘:II 988 system to enhance and expand behavioral health crisis response and suicide . prevention services) I and' E2SHB 1220 (supporting through local VI IN emergency shelters and housing ' planning and development regulations). Representative Orwall noted the . . I Legislature’s focus on homelessness this last session, a desire to address a concentration in Seattle of resources for homelessness, and a willingness to continue to w work with constituents \I on addressing legislative implementation efforts as they impact 5' local jurisdictions. Mayor Sue-Ann Hohimer confirmed the intent of the City Council, after the presentation andI discussion with Representative Onlvall, to direct the Planning Commission to begin . an NPMC amendment process addressing E2SHB 1220 implementation. On August 10, 2021, the City Council heard a New Business agenda item regarding the need to address E2SHB 1220 implementation by local jurisdictions and a request by Community Development for the City Council to direct a code amendment work program to the Planning Commission to conduct such implementation. After extensive discussion, the City Council deferred any action on the request until Representative Tina Onrvall (D- Des Moines) could be invited to the next available City Council meeting to discuss the path by which the legislation was adopted. On July 6, 2021 City Councilmembers received background information on the recent state legislation regarding affordability in housing, following a request by Councilmember Thompson on the importance of understanding how this legislation (ESSB 5235 and E2SHB 1220, adopted July 25) could influence housing supply in Normandy Park. ANALYSIS and FOCUSED APPROACH The legislation requires that transitional and permanent supportive types of housing not be prohibited in any zones in which residential dwelling units or hotels are allowed, and that emergency housing and emergency shelter uses not be prohibited in any zones in which hotels are allowed. Fortunately, the legislation allows for “reasonable occupancy, spacing, and intensity of use requirements [which] may be imposed by ordinance...to protect public health and safety.” This legislation encourages a thoughtful, broad approach to how and who we house with these types of supportive housing. Normandy Park is a community of predominantly single-family homes, while attached housing makes up 30 percent of our housing stock. Communities all over the region are becoming aware of the different ways that households and families form economic units—and now, unfortunately, how those units can dissolve into homelessness. This has meaning for the preservation and addition of housing stock, to keep a community aware of its own vision and future. The draft reflects the “Regulatory Parts” framework that the commission previously set: o A response proportionate to our size (formerly known as “minimally conservative”); o A focus on an exceptionally humane and dignified approach using public health and safety as the cornerstones for planning tools and standards; o Tools and standards regulating the use of housing for these types based on “markets of availabi|ity”—or within a market-rate framework; o Regulations that respond to the quality and forms of housing for the households needing accommodation by the legislation; 0 Understanding what other cities are doing and applying similarity; and o Linking the mandated type allowances with an affordability framework; and o Recommending an adopting ordinance on an interim basis. 1. Code amendments u adopting new or amended definitions, expanding applicable regulations, I u adding descriptions, requirements and criteria, and broadening conditional use permit (CUP) applicability See Attachments A and B - Summary: The draft amendment in these attachments propose text amendments to applicable code sections and amends the Use Chart in NPMC 28.20.0602 NPMC : :' 18.08.080 H definitions: adds Transitional Housing and Permanent Supportive Housing as included within the de?nition of “household.” NPMC u 9 18.08.200 T definitions: adds definition of Transitional Housing including a requirement for business licensing and a completed Memorandum of Agreement (newo section 18.44.090). NPMC _ m 18.08.160 P definitions: adds definition of Permanent Supportive Housing including a requirement for business u licensing, conditional u use permitu and a completed w Memorandum of Agreement (new section 18.44.090). . . .. NPMC 18.110 Temporary Homeless . Encampments: I I u include Emergency Shelters and Emergency Housing definitions and ; 2 u amend to expand to regulations: u ' o (new) NPMC 18.110.015 Purpose (new) NPMC 18.110.050 Requirements u for approval and operation " | .. 0 »: (new) NPMC 18.44.090 Memorandum of Agreement u u and Standards...: ' u Adds descriptions, requirements and criteria for nmemoranda of agreement and 54 - *‘ standards for emergency shelters, emergency n housing, permanent u ' supportive ' .. u housing, and transitional housing (variously). H u NPMC 18.22 Conditional Use Permits: adds new section 18.22.0363 Additional Requirements for Emergency _ ,-, Shelters, Emergency Housing,n uandu Permanent ‘ H ..u Supportive Housing. NPMC18.10.060 Use Chart 0 . . Add Permanent Supportive Housing as Conditiona||y—permitted use _ zoning districts subject to amended Note 23* and =new Note 25*; ‘ u u (C) inu all o Add Transitional Housing as Permitted u u all zoning districts subject to use (P) in u ‘ new Note 25*; u 0 Add Emergency Shelter and Emergency Housing (to existing Temporary Homeless Encampment) as Conditionally-permitted M - use (C) in n NC zoning - district subject to amended nNote 23* and new INote 25*; ' " ‘ . o *Amend Note 23 to refer uto Emergency H .- ,; Shelter and Emergency Housing - u de?nitions and regulations; and o *(new) Add Note 25 to refer to memoranda of agreement u n and standards in ' (new) 18.44.090 for these uses. . The Planning Commission has previously discussed defining and regulating emergency shelters u ' 3 Path B and PathII C options and emergency housing H under E2SHB 1220 ' ; fori‘ . mandates. Path B responds to the |egis|ation’s allowance for existing shelter regulations. Path u C proposes new definition andu uregulation u u parts for emergency u shelter and “ ' " ' H emergency housing uses in an approach similar to the transitional and permanent u u 1 supportive housing approaches. Although commissioners provided direction on February 17 to pursue a Path B option, the “combo Path B/C” being presented on March 17 is in response to a subsequently- identified need to expand Temporary Homeless Encampments regulations to include new Emergency Shelter and Emergency Housing definitions and regulations, as the existing regulation is insufficient on its face to withstand a potential challenge to the city’s exercise of E2SHB 1220 mandates. Planning Commissioners asked for information on the following topics. Information found to date is shown in italics: 1. How does the city regulate Adult Family Homes (AFH) for compliance? AFH are regulated under the inclusive definition of household at NPMC 18.08.080, are required to submit for a business license that is then annually renewed. FISCAL IMPACT There is no direct cost to carrying out a Type V municipal code amendment. The city could see increased costs associated with litigation defending the municipal code without provisions for supportive housing uses. POLICY CONSIDERATIONS The Comprehensive P|an’s Land Use and Housing Elements provide guidance on housing placement and affordability. The city has a track record of making informed decisions about affordability in housing, including: 0 Adoption of transfer of development rights (TDR) in the Manhattan Village Subarea (2013); o Partnering with other south Sound communities in the South King Housing and Homeless Partners (SKHHP); and o Imposing a local sales and use tax for affordable housing (2019) as a result of other recent legislation (SB 1406)—and then in turn entering into an interlocal agreement (2021) with SKHHP to pool this share of the state's sales tax for local provision of affordable housing. 0 The temporary homeless encampment regulations were adopted in 2016. ATTACHMENTS A. Draft Title 18 E2SHB 1220 Code Amendments Narrative sections B. Draft Title 18 E2SHB Code Amendments Use Chart Attachment A DRAFI’ Exhibit A to March 17 Planning Commission Study Session Title 18 Code Amendments Current draft 3/10/22 Normandy Park Municipal Code Title 18 EZSHB1220 Code Draft Notes Amendments 18.08.080 H de?nitions "Househo|d” means one or more persons related by blood, marriage, or adoption, or not more than three unrelated persons, living together within a single dwelling unit. For the purposes of this definition, children with familial status within the meaning ofi2_ U.S.C. ?»6i(k) and individualswith disabilities within the meaning of? U.S.C. ?);(h) shall not be counted as unrelated persons. The following inclusions and exclusions shall apply: (1) "Adult family homes" as defined by RCW 70.128.010 are included within the definition of "household." (2) The term "household” shall exclude individuals or groups residing in halfway houses, crisis residential centers as defined in RCW 74.15.020(3)(g), group homes licensed forjuvenile offenders or other facilities, whether or not licensed by the state, when the individual or group residing therein is incarcerated or otherwise required to reside at the facility pursuant to a court order under the supervision of paid staff and personnel. (3) A qualifying ”househo|d” shall not include transients. H4 "Transitional Housin as defined in 18.08.200 "T” are included ” within the definition of "household.” (5 ) “Permanent Su 013ortive Housin ” as defined in 18.08.160 "P” are included within the definition of ’’household.’’ the referenced state or federal law is amended, such (4§) In the event amendment shall control. 18.08.200 T definitions "Transitional Housin "A ro'ect that rovides housin and su DDortive Need to de meservice services to homeless ersons or families for u to two ears and that rovider. has as its ur ose facilitatin the movement of homeless ersons and families into inde endent livin . Modi an o the business license statute? Transitional Housin service roviders must hold a business license and must enter into a memorandum of a reement at 18.44.09O before the license is issued. 18.08.160 P definitions ”Permanent Su noortive Housin A is subsidized leased housin with no ” In the Use Chart as a CUP limit on IenAth of sta v that nrioritizes ueo nle who need com rehensive and Note1 or MOA su onort services to retain tenanc v and utilizes admissions ractices re a uirement desiEned to use lower barriers to ent rv than would be t vnical for other subsidized or unsubsidized rental housin :; es p eciall related to rental histor v criminal histo rv and nersonal behaviors. Permanent su onortive housin g is uaired with on—siteor off—sitevoluntar v services desi12ned to su anorta nerson livin2 with a com 9 lex and disablin behavioral health or avh sical health condition who was ex ueriencin s:homelessness or was Reco nized or su anort at imminent risk of homelessnessJ rior to movin 2 into housin to retain services roviders—make their housin 2 be a successful tenant in a housin R arran aement im p rove Iana ua e consistent across the resident's health status and connect the resident of the housin g all de initions and with communit V—basedhealth care treatment or em loVment services. [7lacement Permanent su onortive housin 2 is sub'ect 1 to all ofthe ri:2hts and res onsibilities defined in 44 cha ter 59.18 RCW. Permanent Su onortive Housin g service nroviders must hold a business license and conditional use p ermit and must enter into a memorandum of a 2.reement at 18.44.090 as nart ofthe CUP review rocess. 18.08.200 "T" definitions “Temporary homeless encampment” means a temporary encampment 9_r Combo solution 0 Path B T; shelter for homeless persons on property owned or controlled by a and C means this strike religious organization, whether within buildings located on the property draft does not apply or elsewhere on the ProPert Y outside of buildin9 s. Chapter 18.110 Temporary Homeless Encampments vs; and Emer enc __?s_v___sand Emer enc Housin Shelters _:;vj__p_ora 18.110.010 Purpose=Tem Homeless Encam ments add uali in THE __<1_D_q_ Must lan J ua e to each existin section 18.110.015 Pur nose. Emer Eenc v Shelter and Emer 2;enc v Housin 2 The p urp ose of this cha nter is to re 2 ulate emer aenc shelters and emer 2 enc v housin 2 as defined in cha nter RCW36.7OA.030 within the citV of NormandV Park. 18.110.05O Re a uirements for app roval and o p eration ES and EH — De fine reco nized. (ll Emersencv Shelter and Emereencv HousinJ2 are an allowed use on » nro p ert v onl v when o p erated bv a reco 2.nized service rovider. Amend the CUP farm to :.t:_v_ or PSH ES and EH allow ()2 Conditional Use Re uuired. Emer .2enc v shelters and emer enc v a pp /ications—canbe housin 1: shall be reviewed as a conditional use nermit and sub'ect to the directed in the ordinance review rocess as outlined in Cha ter 18.22 NPMC. language along with interim instructions 3 Each emer enc shelter and emer enc housin use reco nized services rovider must enter into a memorandum of a reement at new code re erence as art of the CUP review rocess. 18.44.09O Memorandum of A reement and standards for emer enc shelters emer enc housin nermanent su ortive housin or transitional housin (1) Amemorandum ofa reement MOA is re uired foremer enc shelters emer enc housin ermanent su ortive housin or transitional housin .Forthese ur oses an MOA develo ed and executed between the cit of Normand Park and a service rovider shall include ataminimum the followin items: a Good Nei hbor A reement addressin the followin items: i. uiet hours ii. Smokin and va in areas iii. Securit rocedures iv. Litter and v. Ade uac of Iandsca in and screenin b A code of conduct establishin a set of standards and ex ectations that residents must a ree to follow. approved bv the Citv showin z:that the facilit has Ll A parking "r Jlan "T c * " » ade uate arkin to meet the ex ected demand from _j residents staff service p roviders and visitors. Residents and visitors ma not ark of'f—site TYZE and all vehicles must be .14 erational. 0 [)d A coordination p lan with both the Police and Fire De uartments includinan rotocols for res nonse to the facilit v and to facilit residents throu 2 hout the cit v and a maximum number of res :2onses threshold for law enforcement services. Ifcalls for law enforcement services exceed the threshold in an va iven 11uarter the facilitVD o erator will work with the CitV to reduce calls below the threshold level. (1 (-a-}e A re uuirement to urovide :1uarterl VJre orts to the Cit Mana 2 er on how facilities are meetin an erformance metrics such as olacement of residents into nermanent housin 2 or addiction treatment oz ro rams. (2) Standards for transitional housin 2 and p ermanent su noortive housing ()a On-site services such as laund rvva h iene meals case mana 2vement. and social pa .ro rams are limited to the residents of the facilitv and not available for dro p —inuse bv non— I)b The facilitv must be located within a half mile walkin residents. E distance TEa bus transit sto . of _ ()c Facilities must be at least a one mile from an v other emer enc housin :2 or emer g enc v shelter calculated as a radius from the nearest ro ert lines of the site. ()cl The maximum number of residents in a facilitv is limited to the 2 eneral ca nacit y ofthe buildin 2 with a maximum of 10 as defined b NPMC occu anc .  e Attached—unitbuildin 5 must have structure entrances staffed 24 7 with individual units onl accessible throu h interior corridors. (-a-)H f The facilitv must be ADAcom Iiant. (3) Standards for emer enc shelter and emer enc housin (a ) It must be a 24-hour-a-da v facilit v where beds or rooms are assi ned to s ecificresidents for the duration oftheir sta . ()b On-site services such as Iaund rvve. h iene meals case mana ement and social ro rams are limited to the residents of the facilit and not available for dro -in use b non-residents. (c ) The facilitv must be located within a half mile walkin distance of a bus transit sto . (d ) Facilities must be at least a 1.5 miles from an other emer enc housin or emer enc shelter measured from the nearest ro ert lines of the site. (e ) The maximum number of residents in a facilit is limited to the eneral ca Jacit of the building but in no case more than a maximum of 10. (_f)_Buildin 5 must have structure entrances staffed 24 7 with individual units onl accessible throu h interior corridors. (-la} The facilit must be ADA com Iiant. Chapter 18.22 Conditional Use Permits 18.22.036 Additional Re uirements for Emer enc Shelters Emer enc Housin and Permanent Su ortive Housin . A lications for conditional use ermits for these uses shall be rocessed in accordance with the standard rocedures and re uirements for conditional use ermits as outlined in this cha ter and demonstratin com liance throu h the CUP rocess with additional re uirements in NPMC 18.44.090. Attachment B DRAFTExhibit B to March 17 Planning Commission Study Session Title 18 Code Amendments Chart 18.10.06O ZONING DISTRICTS RM- RM- LAND USE R-20 R-15 R-12.5 R-7.2 R-5 MU NC 2400 1800 Accessory building/uses P3 '35 Beauty and barber shop Bed and breakfast Business office Churches and places of assembly Cocktail lounge Day care center Cm P1 Dry cleaning establishment Dwelling unit — cottage style P2 housing Dwelling unit — multiple, more than four Dwelling unit —— single-family P1 3 Dwelling unit — two to four per structure Enhanced services facility Financial institution Food store Governmental office building P1 P1  Chart 18.10.060 ZONING DISTRICTS RM- RM- LAND USE R-20 R-15 R-12.5 R-7.2 R-5 MU NC 2400 1800 Greenhouse and nursery, commercial Health club/spa Home occupation P22 [322 P2 Hotel and motel Laboratory and other research facility Laundromat Library P1 P1 Lumber yard Medical or dental clinic Microbrewery pub Museum/gallery Organization, fraternallsocial C15 Outdoor farmers’ market Package liquor store PPPPPPD. Park, municipal D1 P1 Permanent Su ortive C23 C23 C23 C23 C23 Housin 25 Personal wireless service P/C‘5 P/C15 P/C15 PIC” P/ facility Preschool facility P1 Private club  Chart 18.10.060 ZONING DISTRICTS RM- RM- LAND USE R-20 R-15 R-12.5 R-7.2 R-5 MU NC 2400 1800 Professional of?ce or studio Restaurant/cafe Retail trade shop and store Retirement home, rest home, nursing home, convalescent home, and congregate care facility School, private School, public Service station Sports facility, private Transitional Housin 25 Temporary homeless P2 P23 encampment Emer enc Shelter” Emer enc Housin 25 Theater, film/play Utilitysubstation C2° 1 See NPMC 18.28.030. 2 See NPMC 18.32.032 through 18.32.040. 3 See NPMC 18.15.040(4). 4 Accessory uses, such as repair service relating to sales in the primary permitted use, and private swimming pools, are permitted. 5 Accessory uses and buildings relating to the primary permitted use, and private swimming pools, are permitted.  Chart 18.10.060 ZONING DISTRICTS RM- RM- LAND USE R-20 R-15 R-12.5 R-7.2 R-5 MU NC 2400 1800 6 See NPMC 1s.32.o5o(2). 7 See NPMC 18.28.070. 8 See NPMC 18.32.050(1). 9 See NPMC 1s.15.o5o. 10 See NPMC 18.32.050(4). 11 See NPMC 18.15.040(1)(a). ‘2Street level uses fronting directly onto First Avenue South may not be multifamily dwelling units. 13 See NPMC 18.32.020. 14 See NPMC 18.28.020. 15 See NPMC 18.32.050(3). 16 See Chapters 1, $0_8 and Ag NPMC. Small wireless facilities are permitted outright in every zone unless referred for review as an administrative use pursuant to Chapter & NPMC. 17 See NPMC 18.32.050(4) through 18.32.050(8). '8Permitted on the ground floor of multi—story, mixed use buildings. lndividual businesses are limited to 2,500 square feet in gross floor area. 19 Repealed by 0rd. 815. 2° See NPMC 18.32.050(9). 2‘ See Chapter_1__8i2NPMC. 22 See Chapter mi NPMC, Home Occupations. 23 See Chapterjlq NPMC, Temporary Homeless Encampments Emer enc Shelters and Emer enc Housin 7 24 See Chapter 18.33 NPMC, Enhanced Services Facilities. 25 See Cha ter 18.44.090 NPMC Memorandum of A reement and Standards (Ord. 1016 § 4, 2021; 0rd. 979 § 1, 2019; 0rd. 980 § 1, 2018; 0rd. 936 § 2, 2016; 0rd. 888 § 2 (Exh. A), 2012; amended at city request, August 2011; 0rd. 815 § 1, 2008; 0rd. 769 § 1, 2005; 0rd. 748 § 1, 2005; 0rd. 743 § 1, 2004).