Chapter 78 – SECURE COMMUNITY TRANSITION FACILITY OVERLAY ZONE
Sections:
78.05 User Guide
78.10 Intent
78.15 Designation
78.20 Effect – General
78.25 Effect – Uses Allowed
78.30 Effect – Subsequent Modification of Use
78.35 Effect – Standards and Requirements for Secure Community Transition Facilities
78.40 Bonds
78.05 User Guide
This chapter establishes areas within the city in which a Secure Community Transition Facility (SCTF) may be located, subject to the procedures and regulations contained herein. These regulations add to and in some cases supersede the other regulations of this code.
If you are interested in operating an SCTF in the city limits or if you wish to participate in the City’s decision on a proposed SCTF, you should read this chapter.
(Ord. 3853 § 1, 2002)
78.10 Intent
The intent of this chapter is to provide a mechanism which allows the City and its citizens to participate to the maximum extent possible in proposals by the State of Washington Department of Social and Health Services related to the siting or conduct of SCTFs, while complying with the Growth Management Act and State laws mandating local accommodation of SCTFs.
(Ord. 3853 § 1, 2002)
78.15 Designation
All properties which meet the following criteria are designated as lying within the SCTF Overlay Zone:
1. The underlying zone in which the property is located does not permit residential use; and
2. No portion of the property is located adjacent to, immediately across a street or parking lot from, or within the line of sight of a “risk potential activity” or “risk potential facility” as defined in RCW 71.09.020(7), now or as hereafter amended, which currently includes:
a. Public and private schools;
b. School bus stops;
c. Licensed day-care and licensed preschool facilities;
d. Public parks, publicly dedicated trails, and sports fields;
e. Recreational and community centers;
f. Churches, synagogues, temples and mosques; and
g. Public libraries.
(Ord. 3853 § 1, 2002)
78.20 Effect – General
Properties within the SCTF Overlay Zone may develop and be used in accordance with the underlying zone. In addition, properties within the SCTF Overlay Zone may be developed and used as an SCTF in accordance with this chapter. To the extent that the provisions in this chapter conflict with any other requirements of this code, the provisions of this chapter govern. Where no conflict exists, the other requirements of this code apply.
(Ord. 3853 § 1, 2002)
78.25 Effect – Uses Allowed
The following uses may be permitted in an SCTF Overlay Zone:
1. Any uses that are permitted in the underlying zone. The City will review and decide upon these uses based on the provisions of this code as if the SCTF Overlay Zone did not exist.
2. A Secure Community Transition Facility. The City will review and decide upon the proposed use or activity using Process IIB, described in Chapter 152 KZC, and will approve the use only if it finds that:
a. The SCTF satisfies the standards and requirements for SCTF uses identified in KZC 78.35.
b. The proposed use satisfies the Process IIB decisional criteria of KZC 152.70(3).
(Ord. 3853 § 1, 2002)
78.30 Effect – Subsequent Modification of Use
1. Any use that is permitted in the underlying zone may be modified according to the modification criteria established in the Kirkland Zoning Code for the review process through which the use was originally approved.
2. A proposed modification to an approved SCTF shall be subject to the modification criteria of KZC 152.125(2); provided, that any proposed increase in the number of resident beds shall require an entirely new Process IIB application.
(Ord. 3853 § 1, 2002)
78.35 Effect – Standards and Requirements for Secure Community Transition Facilities
1. Use and Operation
a. The applicant must demonstrate that the facility meets the definition of Secure Community Transition Facility.
b. The SCTF and its operator must have received all necessary permits or approvals from the State of Washington Department of Social and Health Services.
c. The applicant must demonstrate compliance with State of Washington Department of Social and Health Services guidelines established pursuant to RCW 71.09.285, now or as hereafter amended.
d. The applicant must demonstrate compliance with the requirements of RCW 71.09.285 through 71.09.340 inclusive, now or as hereafter amended.
e. Each SCTF may provide a maximum of six resident beds.
For the purposes of this section, the applicant must demonstrate compliance with the cited guidelines and statutory provisions through a written description specifically describing the steps taken to satisfy such guidelines or statutory requirements. In the event that compliance with the cited guidelines and statutory provisions can occur only during the construction of the SCTF or during its operation, then the applicant shall set forth the specific steps that will be taken to comply with such provisions, and such steps shall be made a condition of the Process IIB approval for the SCTF.
2. Site Development Standards
a. Required Yards:
1) Front – 20 feet;
2) Side – 10 feet each side;
3) Rear – 10 feet.
b. Maximum Lot Coverage: 70 percent.
c. Maximum Structure Height: 30 feet above average building elevation.
d. Fencing: The SCTF site shall be enclosed by a solid screening fence, six feet in height, or provide equivalent visual screening.
e. Required Landscaping: The requirements of Chapter 95 KZC apply. An SCTF shall satisfy the requirements of Landscape Category A pursuant to KZC 95.42, except that if an SCTF is proposed adjoining a commercial or industrial use or zone, the SCTF must comply with KZC 95.41, Supplemental Plantings, and KZC 95.42(2) (Buffering Standard 2). The landscape buffers shall be placed between the property line and the solid screening fence.
f. Sign Category: B, pursuant to Chapter 100 KZC.
g. Required Parking Spaces: To be determined on a case-by-case basis, pursuant to KZC 105.25, but at least one (1) space per staff person on duty at any one (1) time plus at least one (1) visitor space.
3. Conditions
a. The City may impose conditions to mitigate any potential adverse impacts of the SCTF on surrounding uses, except that for the requirements specifically addressed in RCW 71.09.285 through 71.09.340 inclusive, now or as hereafter amended, such conditions may not impose restrictions on the SCTF greater than those set forth in the cited statutory provisions.
b. The City shall condition any approved SCTF limiting the number of resident beds to that requested in the Process IIB application. Any proposed increase in the number of beds shall require a new Process IIB application.
(Ord. 4238 § 2, 2010; Ord. 3853 § 1, 2002)