Vancouver Hearing Examiner Findings, Conclusions, and Decision Vancouver Day Center HSF3 Relocation, PRJ-15777/LUP-65374 page 1 of 21 BEFORE THE HEARING EXAMINER FOR CITY OF VANCOUVER In the Matter of the Application of ) NO. PRJ-157777/LUP-65374 ) Vancouver Day Center Relocation ) ) ) For a ) FINDINGS, CONCLUSIONS, AND Class 3 Human Services Facility ) DECISION ) SUMMARY OF DECISIONS The request is for approval of relocation of a Class 3 human service facility from 1600 West 20th Street to the former Washington Department of Fish and Wildlife building located at 2018 Grand Boulevard. The proposal is to convert approximately 5,000 square feet of the existing 25,000- square-foot building to a day center for persons who are homeless is GRANTED subject to conditions. SUMMARY OF RECORD Request : The City of Vancouver requested approval for relocation of a Class 3 human service facility from 1600 West 20th Street to the former Washington Department of Fish and Wildlife building located at 2018 Grand Boulevard. The proposal is to convert approximately 5,000 square feet of the existing 25,000-square-foot building to a day center for persons who are homeless. Hearing Date : The Vancouver Hearing Examiner held an open record hearing on the request on December 19, 2017. Testimony : At the open record hearing the following individuals presented testimony under oath: Jon Wagner, Senior Planner, City of Vancouver Peggy Sheehan, Applicant Representative, City of Vancouver Long Range Planning Dave King, Vancouver Police Department, Commander West Precinct Andy Silver, Executive Director, Council for the Homeless Amy Reynolds, SHARE Public Comment: Bridget Fahnbulleh, NAACP Jasmine Rucker, Clark County YWCA Jerry Prioleau Tim Murphy Karen Morrison Roy Johnson
21
Embed
BEFORE THE HEARINGS EXAMINER...14. Applicant’s power point presentation, submitted December 19, 2017 15. Public comment submitted after publican of staff report – See Appendix
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Vancouver Hearing Examiner
Findings, Conclusions, and Decision
Vancouver Day Center HSF3 Relocation, PRJ-15777/LUP-65374 page 1 of 21
BEFORE THE HEARING EXAMINER
FOR CITY OF VANCOUVER
In the Matter of the Application of ) NO. PRJ-157777/LUP-65374
)
Vancouver Day Center Relocation )
)
)
For a ) FINDINGS, CONCLUSIONS, AND
Class 3 Human Services Facility ) DECISION
)
SUMMARY OF DECISIONS
The request is for approval of relocation of a Class 3 human service facility from 1600 West 20th
Street to the former Washington Department of Fish and Wildlife building located at 2018 Grand
Boulevard. The proposal is to convert approximately 5,000 square feet of the existing 25,000-
square-foot building to a day center for persons who are homeless is GRANTED subject to
conditions.
SUMMARY OF RECORD
Request:
The City of Vancouver requested approval for relocation of a Class 3 human service facility
from 1600 West 20th Street to the former Washington Department of Fish and Wildlife building
located at 2018 Grand Boulevard. The proposal is to convert approximately 5,000 square feet of
the existing 25,000-square-foot building to a day center for persons who are homeless.
Hearing Date:
The Vancouver Hearing Examiner held an open record hearing on the request on December 19,
2017.
Testimony:
At the open record hearing the following individuals presented testimony under oath:
Jon Wagner, Senior Planner, City of Vancouver
Peggy Sheehan, Applicant Representative, City of Vancouver Long Range Planning
Dave King, Vancouver Police Department, Commander West Precinct
Andy Silver, Executive Director, Council for the Homeless
Amy Reynolds, SHARE
Public Comment:
Bridget Fahnbulleh, NAACP
Jasmine Rucker, Clark County YWCA
Jerry Prioleau
Tim Murphy
Karen Morrison
Roy Johnson
Vancouver Hearing Examiner
Findings, Conclusions, and Decision
Vancouver Day Center HSF3 Relocation, PRJ-15777/LUP-65374 page 2 of 21
Jamie Spinelli
Dominque Horn
Brandi Williams
Chris Prothero, Harney Heights Neighborhood Association
Judy Hawkins
Tim Dunton
Richard Baranzano
April Edgar
Anna Motina
Lynn Henderson
Becky Potter
Andrea Taber
James Dougherty
Alton Jones
Tere Jones
Stacie Marshall
Carmen McKibben
Will Vinson
Eric Lambert
Bryan Cyrus
Alex Moline
Rachel Weber
Min-Hwa Lee
Bill Steiner
The City was represented by Assistant City Attorney Brent Bogar.
Exhibits:
At the open record hearing the following exhibits were admitted in the record:
1. Staff Report, dated December 5, 2017
2. Vicinity Map
3. Application, dated October 30, 2017
4. Applicant narrative
5. Proposed Site Plan
6. Owner Authorization Letter, dated September 29, 2017
7. Notification Area Map
8. Affidavit of Mailing and Posting Notice of Application and Public Hearing, dated
November 2, 2017
9. Comments Received During Comment Period – See Appendix A
10. Addendum staff report, dated December 5, 2017
11. Human Service Siting Application Addendum, dated December 4, 2017
Vancouver Hearing Examiner
Findings, Conclusions, and Decision
Vancouver Day Center HSF3 Relocation, PRJ-15777/LUP-65374 page 3 of 21
12. Memorandum from Rich McConaghy, Environmental Resource Manager relating to
trash/recycling and litter maintenance in vicinity of Grand/Fourth Plain Boulevard
13. Memorandum from Ryan Lopossa, Streets and Transportation Manager relating to
transportation issues in the vicinity of Grand/Fourth Plain Boulevard
14. Applicant’s power point presentation, submitted December 19, 2017
15. Public comment submitted after publican of staff report – See Appendix B
16. Comment letter from Commander Dave King, Vancouver Police Department, dated
December 7, 2017
17. Public comment sign-in sheets at hearing on December 19, 2017
18. Written comment submitted at hearing on December 19, 2017 - See Appendix C
Upon consideration of the testimony and exhibits admitted in the record, the Hearing Examiner
enters the following findings and conclusions:
FINDINGS
1. The City of Vancouver (Applicant) has operated a day center as a Class 3 human services
facility providing services to homeless persons at 1600 West 20th Street in Vancouver
since December 2015. Through the Community Development Block Grant division of
the Community and Economic Development Department, the Applicant has applied for
approval to relocate the Class 3 human service facility to the former Washington
Department of Fish and Wildlife building located at 2018 Grand Boulevard in
Vancouver.1 The proposal would convert approximately 5,000 square feet
2 of the
existing 25,000-square-foot building to a human services facility use that would function
as a day center for homeless persons. Exhibits 1, 3, 4, and 5; Jon Wagner Testimony.
2. Pursuant to Vancouver Municipal Code (VMC) 20.870.010, the purpose of a human
service facility is facilitating the provision of basic shelter, food, job training, and other
health and social services to City residents in need. The VMC mandates that these uses
be regulated in a way that minimizes adverse off-site impacts, particularly in established
neighborhoods where facilities tend to be located, with a particular concern that no area
bear a disproportionate burden in the provision of these services. A Class 3 human
services facility is one that serves an average of 20 to 74 or more clients per day based on
the number of days per week that the facility serves its clients. VMC 20.870.020.C.3
1 The subject property is located at the Southeast quarter of Section 23, Township 2 North, Range 1 East of the WM,
also known as Tax Parcel 29763000. Exhibit 1.
2 At hearing, Applicant representatives indicated that the total area to be used for the day center would be between
4,000 and 5,000 square feet. Exhibit 14; Peggy Sheehan Testimony.
3 VMC 20.870.020 Types. A) Class 1 facility. A Class 1 facility is a facility defined as Transitional Housing
pursuant to the definition in Section 20.160.020(A)(3) VMC. B) Class 2 facility. A Class 2 facility is (1) a human
services facility other than a Class 1 facility as defined in Subsection A above, which (2) serves an average of 75 or
more clients per day based on the number of days per week that the facility serves its clients. C. Class 3 facility.
Class 3 facility is (1) a human service facility other than a Class 1 or 2 facility as defined in Subsections A and B
Vancouver Hearing Examiner
Findings, Conclusions, and Decision
Vancouver Day Center HSF3 Relocation, PRJ-15777/LUP-65374 page 4 of 21
3. Since 2015, the City's existing day center Class 3 human services facility, at 1600 W.
20th Street, has occupied 1,000 square feet of a warehouse owned by Friends of the
Carpenter. The goal of the day center is to help homeless individuals and families move
towards self-sufficiency and housing, and to provide a place for them to take care of daily
needs without using public streets, parks, or area businesses. An average of 35 to 40
clients per day access the facility daily by bus, bicycle, walking, and some have cars. At
the day center, they use the restroom, access hygiene products and clothing, charge
phones, use a phone and computer, and get out of the weather between 7:00 am and 5:00
pm. The facility is staff by SHARE (Seattle Housing and Resource Effort, a homeless
advocacy organization). So far in 2017, at the existing day center, SHARE has helped
146 people gain employment, 97 people find permanent housing, and 466 people with
short and long distance transportation, in addition to use of the facilities. Exhibits 4, 11,
and 14; Peggy Sheehan Testimony; Amy Reynolds Testimony.
4. The existing day center cannot be expanded in place; there isn't room on-site for the
needed bathrooms, showers, laundry, storage, food service, or additional service
providers. Further, the public transit stop that used to be located near the facility was
moved by C-Tran and location no longer enjoys easy access by bus. Exhibits 4, 11, and
14; Peggy Sheehan Testimony.
5. The Applicant desires to expand the day center's capacity to address the increased needs
of the increased homeless population. The Homeless Management Information System
maintained by the Council for the Homeless (CFTH) indicates that the number of
homeless in Clark County increased 20% last year.4 The homeless are becoming
increasingly visible living on the streets and in parks; they can frequently be seen on
Fourth Plain. CFTH data show that of the 1,482 homeless single adults who requested
assistance in 2016, only 45% were able to be helped, and of the 496 households with
children who sought assistance, only 30% were able to be served. During the 2017 "point
in time" count, there were 269 people found living outside or in a car, including 44
families with children. Exhibits 11 and 14; Andy Silver Testimony; Peggy Sheehan
Testimony.
6. The Applicant undertook a search for an appropriate site for the relocation of the day
center. Search criteria included: commercial zoning; access/proximity to social services;
transit service; capacity to accommodate day center and severe weather shelter with
possible expansion; space for individual services; the ability to implement measures to
above; which (2) serves an average of 20-74 clients per day based on the number of days per week that the facility
serves its clients.
4 CFTH is a nonprofit organization that provides community leadership, compelling advocacy, and practical
solutions to prevent and end homelessness in Clark County, Washington. They: identify and monitor needs;
perform data collection and analysis; move solutions forward through planning, policy, and advocacy; engage in
community outreach, education, and understanding; collaborate to bring solutions into being; and involve service
providers, government, faith, business, education, and other sectors of the community in addressing the
homelessness problem. Andy Silver Testimony; Exhibit 14.
Vancouver Hearing Examiner
Findings, Conclusions, and Decision
Vancouver Day Center HSF3 Relocation, PRJ-15777/LUP-65374 page 5 of 21
mitigate impacts on neighboring uses; existing building with land for possible expansion
or vacant land; immediate occupancy desired; adequate parking; and a willing property
owner. The proposed site was the best fit considering all search criteria. The existing
building requires no exterior remodel or landscaping and only minor interior remodel
before it would be ready for occupancy. At 2.5 acres in size, it would be possible to
mitigate and minimize impacts to adjacent uses. Exhibits 4, 11, and 14; Peggy Sheehan
Testimony. The current owner of the subject property submitted written consent for the
City to move forward with the instant proposal. Exhibit 6.
7. The subject property abuts Grand Boulevard to the east and SE 20th Street to the south.
South of SE 20th Street are R-18 zoned single-family residential and office uses.
Adjacent to the north is a small retail center with a gas station and other small businesses.
Fourth Plain Boulevard is north of the retail center. To the west is R-18 zoned property
developed with single-family residential and duplex uses. A Walmart Neighborhood
Market is located directly across Grand Boulevard from the site, with several other
commercial uses north of the market. Exhibits 1 and 2; Site Visit.
8. The subject property has a Community Commercial (CC) zoning designation. Exhibit 1.
The purpose of the CC zone is to provide for retail goods and services purchased
regularly by residents of several nearby neighborhoods. The zone also accommodates
offices, institutions, and housing. Housing located at ground floor is allowed on
properties fronting Broadway Street only. In all other cases, housing is located above the
ground floor. Because of the limited trade area, there are significant opportunities for
walking, bicycle, and transit trips that should be encouraged and accommodated through
building/site design, landscaping, and access. VMC 20.430.020.B. Human service
facilities are permitted in the CC zone as limited uses subject to compliance with use-
specific criteria. VMC 20.430, Table 1.
9. The proposal would convert approximately 5,000 square feet of the existing 25,000
commercial space to provide a day center which would provide access to laundry,
showers, restrooms, the ability to receive mail, and limited food service to between 20
and 74 homeless clients per day. The facility would provide a place to warm up, use the
internet, charge cell phones, and connect with mental health, case management, and job
search service providers. The Talk n' Trash job training program would serve the site and
provide opportunities for clients. As of the public hearing, there are no plans for the use
of the remaining 20,000 square feet.5 Exhibits 3, 4, 11, and 14; Peggy Sheehan
Testimony. Any additional future uses for the facility would be required to follow the
City of Vancouver land use permit processes. Jon Wagner Testimony; Peggy Sheehan
Testimony.
10. Proposed hours of operation are 7:00 am to 5:00 pm, seven days per week. Based on
attendance at the existing location and the numbers of homeless believed to be in the
5 Future conversions may include the potential for the operation of an overnight shelter and offices; however, these
uses are not proposed as part of this application. Exhibit 1.
Vancouver Hearing Examiner
Findings, Conclusions, and Decision
Vancouver Day Center HSF3 Relocation, PRJ-15777/LUP-65374 page 6 of 21
vicinity, the new location is anticipated to serve an average of 50 clients per day and
staffed according to client demand, with SHARE outreach on-site. Because it is an open
drop-in facility, attendance numbers would need to be monitored. Exhibits 3, 4, 11, and
14; Peggy Sheehan Testimony.
11. No exterior construction or alteration of the existing building is proposed. The existing
building conforms with bulk dimensional standards of the CC district. (See Exhibit 1,
page 6.) The site, parking lot, and exterior of the building would be cleaned up and
maintained to City standards. The entire site would be fenced to allow the Applicant to
control client access to the property. All services would be provided inside of the
building and the fenced area under the overhand outside the main entrance. It is possible
storage would be made available to clients in lockers in the covered entrance area, which
is sheltered from the elements and partially screened from views off-site by a roof and
walls. The Applicant stated there would be daily perimeter inspections to remove any
litter and ensure there is no inappropriate activity on and around the site. Exhibits 1, 3, 4,
11, and 14; Peggy Sheehan Testimony.
12. The first consideration in the Code’s criteria for approval of a Class 3 human services
facility is compatibility with the surrounding neighborhood.6 Serving approximately 50
(and not more than 74 people per day for the number of days per week the facility is
open) during standard business hours, the use is expected to experience lower attendance
than other commercial or office uses that could occupy the space. Clients visiting the day
center typically don’t own cars; no significant increase in traffic is expected. Activities
would not be visible to surrounding properties. According to the Applicant, the use
would help homeless people not to be on the streets, not to access restrooms in
surrounding businesses, and to access services that can help them become employed and
housed. Based on the City’s experience with the existing day center, the proposal is
expected to decrease the existing impacts of homeless populations in the neighborhood
by providing needed services. As an access point for connection to services and housing,
the day center needs to be located in a neighborhood with a high rate of homelessness to
be effective. According to CFTH's Homeless Management Information System, the
98661 zip code has the second highest rate of homelessness in Clark County; 98660 has
the highest rate. Their data show that 20% of people who accessed homeless services
reported living in 98661 before they became homeless. Exhibits 1, 4, 11, and 14; Peggy
Sheehan Testimony; Andy Silver Testimony.
13. CFTH argued that the way to decrease homelessness – and the impacts of homeless
populations on neighborhoods – is by providing assistance. Of homeless persons able to
access housing assistance, 86% hadn’t returned to homelessness in two years. Based on
their research, CTFH asserted that the day center, acting in concert with the rest of the
6 Pursuant to 20.870.040.A, the test for Human Services Facilities compatibility is that the establishment, maintenance
or operation of the facility will not, under the circumstances of the particular case, be significantly detrimental to the
health, safety or general welfare of persons residing or working in the neighborhood of such proposed use or be
significantly detrimental or injurious to the property or improvements in the neighborhood or to the general welfare of
the city.
Vancouver Hearing Examiner
Findings, Conclusions, and Decision
Vancouver Day Center HSF3 Relocation, PRJ-15777/LUP-65374 page 7 of 21
homeless crisis response system, would lessen the impact of homelessness on the
neighborhood surrounding the proposed location. Addressing the belief of those opposed
that "if you build it, they will come," CFTH contended that services such as those offered
at the day center help people become and stay stably housed and noted that 84% of
people who access homeless services in Clark County lived in Clark County before they
became homeless. Andy Silver Testimony; Exhibit 14.
14. According to City records, there are no permitted Class 3 human service facilities within
2,000 feet of the subject property (up to four are permitted). The nearest Class 3 facilities
are: Clark County Public Health at 2,500 feet; Vancouver Free Clinic at 4,000 feet; and
Meals on Wheels (Luepke senior center) at 4,800 feet. Exhibit 11.
15. As noted above, all functions would take place inside the existing building or under the
35- by 100-foot overhang outside the main entrance, which in its existing condition is
screened from off-site views from the west and south by a roof, partial walls, and
vegetation (and is screened from views from the east and north by the building itself).
The main entrance is oriented away from the neighboring residences. An enhanced six-
foot sight obscuring fence would enclose the site, screening views from off-site. The 2.5-
acre site is large enough to encompass all activities associated with the day center.
Exhibits 4, 11, and 14; Peggy Sheehan Testimony.
16. There would be six restrooms in the building. Showers and laundry are proposed.
Exhibits 4, 11, and 14; Peggy Sheehan Testimony.
17. With the day center opening at 7:00 am, the Applicant would work with the service
provider to open early enough to avoid people waiting on the sidewalk. There is
sheltered waiting space under the overhand outside the main entrance that is screened
from public view. Exhibits 4 and 11.
18. The proposed maintenance plan includes: daily site monitoring; solid waste containers
and garbage service; a standardized building maintenance plan in place for all City
facilities; and monthly maintenance inspections. The facility and all fixtures and
appurtenances would be maintained according to the City of Vancouver Facilities Repair/
Replacement, Maintenance, and Life Cycle standards in the record at Exhibit 11, page 11.
Exhibits 4, 11, and 14; Peggy Sheehan Testimony.
19. Addressing the requirement for litter control, the proposal includes an additional solid
waste dumpster service to accommodate additional solid waste volume. As future building
owner, the City would monitor the site and the Grand Boulevard street frontage as follows:
Before opening and closing the Day Center, and periodically throughout the day,
staff would walk the perimeter of the building to check adverse impacts on the
adjoining neighborhood;
Staff would periodically clean throughout the day, picking up trash inside and
outside;
The entire main room of the Day Center would be swept daily;
Vancouver Hearing Examiner
Findings, Conclusions, and Decision
Vancouver Day Center HSF3 Relocation, PRJ-15777/LUP-65374 page 8 of 21
All trash cans would be emptied daily;
Before closing, the would secure windows and doors;
Once a week the entire Day Center would be mopped and sanitized; and
Building owner maintenance staff would help maintain and deal with any facility
issues.
Exhibits 4, 11, and 14.
20. It is anticipated that the day center would be staffed by two to three people, and the
majority of clients do not have cars. The subject property has 95 parking spaces. The
existing day center has 13 spaces. Planning Staff noted that if the entire 25,000 square-
foot building functioned as an office use, the minimum number of parking space required
would be one space per 400 square feet, or 63 spaces. The available parking exceeds
demand and code requirements. Exhibits 4, 5, 11, and 14. Planning Staff noted,
however, that at the time of building permit, a crosswalk between accessible parking
and the building entrance would be required to be installed. Exhibit 1.
21. The application was reviewed by the City's Transportation Services Staff, who
determined that based on credits for trips associated with the former WDFW use of the
building, no additional street improvements and no concurrency review are required.
Exhibit 1.
22. The building on-site is connected to municipal sewer and water service. No additional
connections are proposed or required. If the Applicant determines a larger meter is
required to provide adequate service to the site, due to laundry and shower use, a larger
water service and additional System Development Charges may be required. If the size
of the existing two-inch water meter is increased to handle these additional uses, the
Applicant would be required to pay additional sewer system development charges.
Exhibit 1.
23. Because no ground disturbing activity or new impervious surfaces are proposed, no
review for stormwater or erosion control requirements is triggered. Exhibit 1.
24. The existing building is equipped with fire sprinklers. Exhibit 4. The fire department
reviewed the proposed conversion of the existing building and determined that the project
can meet the requirements of VMC Title 16 and the International Fire Code. Fire hydrant
locations are specified by the Fire Marshal. If new hydrants are required, they would be
required to be served by water mains at least eight inches in diameter. Exhibit 1.
25. A building permit would be required for the proposed interior alterations at which time
the entire site plan would be reviewed for compliance with Building Code and
accessibility issues pertaining to the site. Exhibit 1.
Vancouver Hearing Examiner
Findings, Conclusions, and Decision
Vancouver Day Center HSF3 Relocation, PRJ-15777/LUP-65374 page 9 of 21
26. In its existing condition, the subject property contains at least 15% landscaped areas,
satisfying the zoning standards as noted above. No additional landscaping or tree
preservation/retention are required. Exhibit 1.
27. Due to the lack of ground disturbance, the proposal was determined to be categorically
exempt from review for compliance with the State Environmental Policy Act pursuant to
WAC 197-11-800(1)(b). Exhibit 1.
28. In developing the proposal, the Applicant conducted two community meetings (attended
by over 100 people), attended three neighborhood meetings and a Fourth Plain Business
leaders meeting, advertised through email to surrounding neighborhood associations,
posted information on the City’s website, and developed and maintained a project-
specific web site: www.cityofvancouver.us/DayCenter. Exhibits 11 and 14.
29. Pursuant to VMC 20.210.060, any new or expanded Human Service Facility shall be
reviewed as a Type III application pursuant to. Type III projects require a 30-day public
comment period and a public hearing before the hearing examiner, whose decision is
appealable to City Council within 14 days of issuance. Exhibit 1.
30. The Class 3 human service facility application was submitted October 30, 2017 and
deemed fully complete on October 31, 2017. Exhibit 1. Notice of application and public
hearing was mailed to owners of properties within 500 feet of the subject property
boundaries on November 2, 2017, identifying a 30-day comment period. The notice area
is depicted in Exhibit 7, and the mailing list is in Exhibit 8. Notice was also posted on
the City’s website and published in the Columbian Newspaper on Friday, November 2,
2017. Exhibits 1, 7, 8, and 14.
31. The Solid Waste Services division of the Public Works Department submitted a comment
in response to the notice, dated December 4, 2017, addressing the public concern of litter.
They noted there was adequate space for garbage and recycling containers with the
ability for storage in the building to mitigate unauthorized use. They stated maintenance
of the right-of-way could be accomplished in partnership with the crew maintaining the
right-of-way at the SHARE location. Exhibit 12.
32. The Streets and Transportation division of the Public Works Department submitted
comment on December 1, 2017 in response to public concerns regarding transportation
issues including street lighting, potholes, and pavement damages. The City agreed to
upgrade street lighting along East 20th
Street west of Grand Boulevard and Y and Z
Streets within 30 days and to conduct analysis for upgrades in the neighborhood of the
facility and along Fourth Plain Boulevard between Fort Vancouver Way and Grand
Boulevard. Repairs to potholes would occur during favorable weather conditions. The
City noted failing streets in many areas of the City with funding available in 2017 to
commence the repair work. Exhibit 13.
33. The City received numerous written public comments during the public comment period
following notice, between the public comment period and the hearing, and at the hearing.