By Brian Schraum-The Courier-Herald
A local developer is one step closer to building a 74-lot senior housing development on the site of a gravel mine near Farman Street in Enumclaw.
After a packed, two-hour public hearing, the Enumclaw Planning Commission voted unanimously to recommend approving eight zone changes Thursday, including the 13-acre parcel on Mountainview Drive. The requests now goes to the City Council for a final decision.
About 45 people showed up for debate on the zoning requests during the joint public hearing of the council and commission. Bart and Karen Jensen are requesting their property be rezoned from a mobile home district to a flexible, “planned unit development” (PUD) zone.
“They want to build, for the seniors of the community, a very nice 55-plus retirement community,” said David Hedges, an engineer representing the Jensens. “They can't do it under the (current) zone.”
Residents of the neighboring Crystalaire Mobile Home Park showed up in opposition to the proposal, which they said could bring new two-story buildings within feet of their homes.
Fred Brune, who has owned Crystalaire since 1983, said he wants to see the adjacent land developed - but has concerns about the Jensens' proposal.
Hedges said the complex will be primarily one-story homes, but may have some with an extra floor for guest rooms. He said the building heights would probably not exceed the elevation of the land from before it was mined.
The 55-plus age limit is not guaranteed, Brune said. Age restrictions on homes are part of an exemption to the federal Fair Housing Act. Congress passed the Housing for Older Persons Act in 1995, which allows sellers and landlords to discriminate based on family status in certain situations. To qualify, a community must have at least 80 percent of its homes occupied by someone 55 or older.
Brune said if the proposed Chinook Estates development failed to qualify, it could be stripped of that exemption by the Department of Housing and Urban Development. In which case it would become just another subdivision.
Enumclaw Community Development Director Mike Thomas said a PUD designation is unique in that a specific agreement on the development would be drawn up. This agreement would outline building limitations, including density and setbacks - unlike other residential zones, which have requirements set in city code.
Thomas said the Jensens could not build their development as currently planned under any of the city's other zoning designations.
After the joint public hearing, the planning commission met separately to vote on the zone changes. Chairman Tom Underbrink asked whether the city could condition approval on the development having a 55-year age requirement in its covenants. City Attorney Mike Reynolds was not present to answer.
The commission then voted to recommend approving the rezone without further discussion.
“They made the decision without even getting the answer,” Brune said. “They don't even know the answer of their scope of authority and they're approving the deal.”
Brune said he thinks the planning commission just wanted to go home, and did not give itself enough time to seriously consider the issues brought up during the hearing. The commission adjourned about 10:30 p.m.
“I'm disappointed that they did not consider what I think are a lot of points of merit,” Brune said.
Thomas said he anticipates the zone change to come before the City Council sometime near the end of August for a final decision. While the council would likely schedule another public hearing on the matter then, he said it is not required.
This is not the first dust-up over the Mountainview Drive property. After Bart Jensen began mining the land, Brune said he filed a claim in the mid-1990s, claiming the operation was illegal.
In other business, the commission:
€ Recommended approving higher-density zone changes for three neighboring properties on Warner Avenue at the city limits. Some residents opposed the change, and said it would bring in additional development that could worsen flooding in the area. They also said the area serves as a buffer zone between the city and county farmland. The lots are part of the last remaining low-density housing zone in Enumclaw.
€ Recommended adopting a hearing examiner system for land use applications. This change would eliminate the existing board of adjustment and limit the planning commission to a policy function. The city council would remain the final decider on most land use applications.
€ Recommended approving a zone change for property along Battersby Avenue, including an area used as a BMX track. The city plans to sell the property and relocate the track elsewhere. The City Council was scheduled to take up the issue at its Monday meeting. Information on council action was not available at press time.
Brian Schraum can be reached at bschraum@courierherald.com.
