Lake Stevens Planning Commission backs STEP and co-living code changes, narrows proposed buffers

The Lake Stevens Planning Commission on Nov. 5 voted to forward a recommendation to the City Council to adopt draft code changes implementing STEP housing requirements and permitting co-living (boarding-house) uses, with amendments to narrow protective buffers and to clarify when changes to operations require reapplication.

David Levitan, principal planner, told the commission the amendments implement changes to the Growth Management Act made by House Bill 1220 and related laws and that the package treats transitional and permanent supportive housing as outright permitted uses while subjecting emergency housing and shelters to a Type 2 land-use permit and supplementary use regulations in Chapter 14.44. “So in trying to make our findings and trying to address the requirements of House Bill 1220, this is the staff recommendation that we've come up with,” Levitan said during the staff presentation.

Why it matters: State law requires cities to allow STEP housing in zones that allow hotels or residential uses and limits what types of additional local regulation are permissible. Staff showed maps demonstrating that a 500-foot buffer measured from protected uses (schools, parks, childcare centers, libraries) would effectively prohibit emergency housing from siting throughout nearly all of Downtown Lake Stevens. To avoid that result while keeping protections around some sensitive uses, staff recommended keeping buffers for schools and childcare centers but removing parks and libraries from the protective-buffer list.

Key provisions recommended to the council (as forwarded by the Planning Commission): - Transitional housing and permanent supportive housing: outright permitted where otherwise allowed; require building permits but not separate land-use approval. - Emergency housing and shelters: subject to Type 2 land-use permit with supplementary use regulations in Chapter 14.44, including a site management plan, operations and safety plan, nuisance enforcement measures, and a buffer measured from parcel perimeter. - Buffers: staff recommended, and the commission supported, protective buffers around schools and childcare centers but removal of parks and libraries from the protected-use buffer list to avoid effectively prohibiting sites in required zones. - Co-living (boarding houses): added as a permitted use in multifamily residential (MFR) and commercial mixed-use zones on lots with six or more units; parking may not be required at more than 0.25 spaces per sleeping unit (the code may not mandate more than 0.25; providers may provide additional parking voluntarily). - Enforcement and renewals: the code retains a two-year renewal window and enforcement tools (complaint-driven reviews and revocation for misrepresentation). Commissioners directed staff to replace or clarify ambiguous language that used examples such as “an increase in the number of residents served” as a "substantive" change, and to require that material changes to the site management plan be subject to planning review prior to implementation.

Commission discussion: Chair Hexford said he personally preferred to retain a 500-foot downtown buffer given limited transit but did not want to hold up the process; “I would, prefer that we leave the 500 foot buffer downtown simply because we don't have public transit,” he said. Commissioner Doer, who earlier had supported stronger buffers, said she would “concede to the recommendation of staff on this matter” in light of potential legal risk. Commissioner Jennifer Davis said the enforcement and renewal provisions (complaints and possible revocation for misrepresentation) supported removing the specific example language about "substantive" changes and instead tightening the requirement that updates to the site management plan trigger review.

Outcome: The commission moved to recommend the Attachment 1 language to the City Council with the amendments described above (retain buffers only for schools and childcare centers; remove parks and libraries from buffer protections; simplify/replace the "substantive/substantial" example so that material changes to an approved site management plan require planning review prior to implementation). The motion passed on a voice vote.

What remains: The Planning Commission's recommendation will be transmitted to the City Council for consideration. Staff noted that the code language can be further refined in future code phases and that the commission and council could revisit process-code provisions and permitting thresholds if needed.

Reporter's note: Parking limits, buffer distances discussed (300, 500 and 1,000 feet were analyzed), and the map shown by staff indicated Downtown Lake Stevens would be most affected by wider buffers. The staff presentation and commission deliberations repeatedly referenced compliance with the Growth Management Act and House Bill 1220.