Community members were able to place votes on what type of zoning a homeless shelter should be located in. Evan Pappas/Staff Photo
                                The city held a public meeting in April to collect feedback on zoning for the LUCA development. Community members were able to place votes on what type of zoning a homeless shelter should be located in. Evan Pappas/Staff Photo

Community members were able to place votes on what type of zoning a homeless shelter should be located in. Evan Pappas/Staff Photo The city held a public meeting in April to collect feedback on zoning for the LUCA development. Community members were able to place votes on what type of zoning a homeless shelter should be located in. Evan Pappas/Staff Photo

Bellevue council approves code amendment for homeless shelters

After months of discussion, the council approved the land use code amendment for homeless shelters.

After several months of deliberations, the Bellevue City Council approved the ordinance regarding a land use code amendment (LUCA) for homeless shelters in the city last month.

The ordinance was approved in a 4-3 vote, with council members John Stokes, Janice Zahn, Deputy Mayor Lynne Robinson and Mayor John Chelminiak in favor. Council members Jennifer Robertson, Conrad Lee and Jared Nieuwenhuis opposed the ordinance.

To address homelessness in the city, the Bellevue council took up the task of creating a new LUCA that would allow a permanent homeless shelter to be located in the city. Seasonal shelters have been in the city since 2008, but an increasing desire to protect the homeless population has led the city to focus on this issue.

The proposed shelter would be the only permanent men’s shelter on the Eastside.

In 2008, Eastside cities of Bellevue, Kirkland and Redmond entered into an agreement to host shelters for men, women and children. Kirkland is currently working to establish a permanent women’s shelter and the Landing in Redmond is a shelter and day center for young adults. Robinson said she felt it was time for the city to join those cities in offering shelter services.

In 2017, Bellevue council put in place interim regulations to permit shelters in zoning districts where hotels and motels were allowed. While the interim regulations were in place, the city worked on the full LUCA details.

The LUCA implements a permit process through which an applicant can request the city to negotiate a development agreement or apply for a conditional use permit (CUP). A Good Neighbor Agreement (GNA) Advisory Committee, made up of 19 community members including people who live within one mile of the proposed site, would then research and analyze the proposal and work with the shelter operator.

The GNA Advisory Committee has three main tasks, Zahn explained: To ensure the operator has the context they are familiar with, give feedback on the design and development of the structure and develop a longer-term good neighbor agreement.

In discussion over the main motion regarding the approval of the LUCA, council members Zahn, Stokes and Robinson supported the ordinance. Robinson said that creating a space for the homeless population to take shelter has been a priority for the city for more than a decade, citing deaths caused by exposure to the cold over the past decade.

Nieuwenhuis said he hopes what comes from this ordinance is successful, but was ultimately opposed it in its current form. He cited the lack of requirements for buffers or separation, allowing a homeless shelter to potentially be sited close to single-family housing or schools.

“Two of the most important tools that we talked about briefly again tonight and that’s to ensure a transparent process with the CUP and to mitigate the impacts to our neighborhood with a very modest buffer,” he said. “… Under the LUCA shelters, those dealing with mental health issues or those entering under the influence of drugs or alcohol, those can be placed right near sensitive populations. To me there seems like some common sense modest amendments that we just were not able to get to.”

Lee was also concerned with transparency and getting public involvement, and stated he couldn’t support the ordinance because of those concerns.

Much like Nieuwenhuis, Robertson shared many of the same concerns, especially over the inclusion of a development agreement, which she said would allow the city to make special deals with a preferred developer and is not subject to appearance of fairness standards or full transparency like a CUP is.

“Allowing the shelter to be built literally next door to residential neighborhoods or schools when we are fully aware there is a 1,300-foot increased criminal activity impact halo around low-barrier shelters, and we know this will keep some people in need of services from being able to both comply with the terms of their community supervision and obtain those services, to me is a fatal flaw,” Robertson said.

Zahn was supportive of the ordinance stating that many elements added to the LUCA do fulfill the element of transparency and public outreach.

“We’ve added the pre-application meeting, we’ve added pre-decision public hearings, we’ve added written criteria, we’ve added the appeal opportunity, we’ve added a GNA,” Zahn said. “Those are all things that are associated with outreach and transparency, and those things absolutely matter.”

Chelminiak stated he was disappointed in the outcome that night, but respected the decision of the council members that chose to oppose the ordinance. He also stated that he would also like to vote against the ordinance as well, but voted to approve it to make progress in the LUCA process.

More information on the LUCA is available on the “Citywide LUCA for Shelter Use” page on the city’s website. The full video of the council meeting is also available on the city’s website.

At their extended study session on July 23, the council also agreed to study the expansion of year-round men’s shelter programming at Lincoln Center on 116th Street Northeast. Normally the emergency shelter is open during the winter, but after the city passed the LUCA the council wanted to create a more long lasting interim solution until a permanent men’s shelter project gets underway.

Issues being looked at in the study include funding for the operating organization and any required fixes or changes that need to be made to the location. The study is planned to be reviewed by council in October, in time to get the proposal ready for the 2019-20 budget discussion.

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