HomeMy WebLinkAbout4257 Ordinance o . 4257
1
(Appealing or Repealing Ordinances)
Passed - 11/21/2017
Amends various chapters of the Kent City Code relating to development
regulations as part of the City's annual docket process
New Section:
Amends Ords:
Amends Secs: 3.21, 12.01, 12.04, 15.02, 15.03, 15.04, 15.08 and 15.09.
Repeals Ords:
Repeals Secs:
Repealed by:
Amended by:
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ORDINANCE NO. 7
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapters 3.21,
12.01, 12.04, 15.02, 15.03, 15.04, 15.08, and
15.09 of the Kent City Code pertaining to
development regulations as part of the City's
annual docket process.
RECITALS
A. The City of Kent ("City") considers annual amendments to
plans or development regulations that are suggested by interested persons
via a docket process.
B. On October 18, 2016, the city council approved the 2016
docket items and amended 2014 and 2015 docket reports, which included
the code amendments adopted through this ordinance.
C. The purpose statement for M1 Industrial Park District zoning
included a phrase that needed a grammatical correction. The issue was
considered under Docket No. B.I. The correction is included in this
ordinance.
D. On April 19, 2005, the city council passed Ordinance No. 3746
that created Chapter 11.06 of Kent City Code ("KCC") pertaining to critical
areas. The critical areas code obviated the need for the zoning code to
contain regulations related to critical areas, and those regulations in the
zoning code were repealed. The repeal did not include related definitions
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in the zoning code nor did it correct other references to the repealed
sections of the zoning code. Appropriate code definitions and references
were considered under Docket No. B.2. Those definitions and references
are repealed or corrected by this ordinance.
E. Chapter 3.21 KCC prohibits new social card games in the city
except those operated or conducted by bona fide charitable or nonprofit
organizations. Docket No. B.3 requested consideration of removing the
ban on new social card games in certain areas of the city.
F. Docket No. B.4 requested consideration of options for
dumpster space for recycling and composting in multifamily developments.
The city is postponing code amendments pertaining to dumpster space
until review and consideration of amendments approved at the county
level.
G. On March 6, 2007, the city council passed Ordinance No.
3830 that established design review for homes located within subdivisions
and short subdivisions vested after March 22, 2007, or altered to comply
with code amendments effective after March 22, 2007. Ordinance No.
3830 also created mixed side yard setbacks. As noted in the recitals of
that ordinance, the outcomes heard through extensive public outreach
included reducing visual monotony, creating additional space between
buildings, improving building aesthetics and reducing perceived over-
crowding. Docket Nos. B.5 and B.6 considered whether the side yard
setbacks and application of residential design review were creating the
result desired by the city. This ordinance includes amendments intended
to achieve the desired result.
H. In 2014, the city engaged the services of the Urban Land
Institute Technical Assistance Panel ("panel") to consider which light rail
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station locations in the Midway area would best support transit-oriented
development and related economic and environmental benefits envisioned
in the Midway Subarea Plan. The panel also suggested flexibility in
regulatory requirements, including increasing the height limit in the
Midway Transit Community-1 (MTC-1) area to seven stories or 65 feet
while maintaining the reduced height allowance when abutting a residential
district. The height increase was considered under Docket No. B7 and is
reflected in this ordinance.
I. On October 7, 2014, the city council passed Ordinance No.
4124 amending the Kent City Zoning Code to clarify that marijuana-based
land uses are prohibited in all zoning districts in the city. On July 5, 2016,
the city council passed Ordinance No. 4208 repealing sections of city code
pertaining to medical cannabis collective gardens and prohibiting the
establishment of residential medical marijuana patient cooperatives in all
zoning districts of the city. Further consideration of these prohibitions is
not ripe for analysis at this time (Docket No. 138).
J. On December 13, 2016, the city council passed Ordinance No.
4222 designating the Riverbend Gateway project area as a residential
targeted area for multi-family limited property tax exemptions. The city
council does not desire to consider extending exemption to other locations
at this time (Docket No. 139).
K. On October 19, 2010, the city council passed Ordinance No.
3978 that removed rounding as a mechanism for determining density
when there are less than four lots, and raised the fraction needed to gain
density for lots when there are four to nine. Residents had expressed
concern that rounding in some circumstances could create building lots
whose size conflicts with the character of the surrounding neighborhood.
The ordinance also recognized that rounding was one way to affect
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achieved densities in accordance with the Growth Management Act and
offset additional requirements imposed on subdivisions as a result of new
residential development standards.
L. At their June 7, 2016 meeting, the economic and community
development committee approved including consideration of the rounding
provisions in the work program along with the 2016 docket. The rounding
provisions are included in this ordinance.
M. The public has expressed concerns about the City's public
notice procedures. At their May 8, 2017 meeting, the land use and
planning board approved including consideration of public notice process
improvements along with the 2016 docket. Public notice process
improvements are included in this ordinance.
N. On September 20, 2017, the city requested expedited review
from the State of Washington under RCW 36.70A.106 for the city's
proposed amendments to KCC. The expedited review was granted on
October 9, 2017.
O. On October 6, 2017, the city's SEPA responsible official issued
a Determination of Nonsignificance for the code amendments.
P. The land use and planning board held a workshop to discuss
these code amendments on September 25, 2017. After appropriate public
notice, the board held a public hearing on October 23, 2017 to consider
the proposed code amendments and forwarded their recommendation to
the city council.
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Q. On November 13, 2017, the economic and community
development committee considered the recommendation of the board and
made a recommendation to the full city council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Chapter 3.21 of the Kent City Code
entitled "Gambling Tax," is amended as follows:
Sec. 3.21.010. Gambling activities and tax.
A. Tax imposed. In accordance with RCW 9.46.110, the following taxes
are levied upon all persons, associations, and organizations who have been
duly licensed by the Washington State Gambling Commission to conduct or
operate gambling activities:
1. For bingo games and raffles, a tax rate of five (5) percent of
the gross receipts received therefrom less the amount awarded as cash or
merchandise prizes;
2. For amusement games, a tax rate of two (2) percent of the
gross receipts from any such amusement games less the amount awarded
as prizes, which is an amount less than the actual amount of costs of
enforcement by the city of the provisions of Chapter 9.46 RCW;
3. For punch boards and pull-tabs for bona fide charitable or
nonprofit organizations and for commercial stimulant operators, a tax rate
of ten (10) percent based on the gross receipts from the operation of the
games less the amount awarded as cash or merchandise prizes;
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4. Commencing July 1, 2013, for social card games not
prohibited by subsection (D) of this section, a tax rate of seven (7) percent
of the gross revenue from those games. Beginning January 1, 2017, this
tax rate will return to eleven (11) percent of the gross revenue from those
games.
B. Definitions. For the purposes of this chapter, the words and terms
used herein shall have the same meaning given to each pursuant to
Chapter 9.46 RCW, as same exist or may from time to time be amended;
and as set forth under the rules of the Washington State Gambling
Commission, WAC Title 230, as the same exists or may hereafter be
amended, unless otherwise specifically provided herein.
C. Exemption from tax. No tax shall be imposed under the authority of
this chapter on bingo or amusement games when such activities or any
combination thereof are conducted by any bona fide charitable or nonprofit
organization as defined in Chapter 9.46 RCW, which organization has no
paid operating or management personnel and has gross receipts from
bingo or amusement games, or any combination thereof, not exceeding
five thousand dollars ($5,000) per year less the amount awarded as cash
or merchandise prizes. For raffles conducted by bona fide charitable or
nonprofit organizations, no tax shall be imposed under this chapter on the
first ten thousand dollars ($10,000) per year of gross receipts, less the
amount awarded as cash or merchandise for prizes.
D. Secial—House-banked card room
Pursuant to RCW 9.46.295 and to the city's police power and legislative
authority, the operation or conduct of house-bankedseeial card
roomsgaraes by any person, association, or organization as a commercial
stimulant, as defined in Chapter 9.46 RCW, is aI lowed prO446ite4 within the
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city of Kent pursuant to Title 15 Kent City Codg; ,
eaFd-gafne-est-a-b4Mments licensed by the Washington State
Gafn-b4 - �'ss,ieny lawfully .-. .A.....,..Fating s ibe d "inhf
9-46:'29a--a-ffd annexed by the city of-Ke ��c ina' w�bEEii-3Y2 'n-GQ1}�t7'li�F��fx
with the provisions of this chapter, may eefAinue te opeFate l9ause banked
social __ rd games as a al stimulant
fis"dcd location
withln the mmaST4Fn area; ",Provided,-1"Iowe Pi-µi y 4Tat--� �
e5ta#Hs,h ent—m-ust--othefwj- cempNy-'with�-a 4fcable land use effd
Gambling Gemmissie.-
egW+atIW51 . It is further provided that bona fide
charitable or nonprofit organizations, as defined in Chapter 9.46 RCW, may
operate or conduct social card games if said social card games have been
duly licensed by the Washington State Gambling Commission and if they
are otherwise operated or conducted in compliance with the provisions of
this chapter. A violation of this section shall not be subject to KCC
1.01.140.
Sec. 3.21.020. Administration and collection. The
administration and collection of the tax imposed by this chapter shall be by
the finance director, pursuant to the rules and regulations of the state
gambling commission. The city council shall adopt and publish such rules
and regulations as may be reasonably necessary to enable the collection of
the tax imposed herein.
Sec. 3.21.030. Filing. For the purpose of identifying who shall be
subject to the tax imposed by this chapter, any person, association, or
organization intending to conduct or operate any gambling activity
authorized by RCW 9.46.010 et seq. shall, prior to commencement of any
such activity, file with the finance director a sworn declaration of intent to
conduct or operate such activity, together with a copy of the license issued
in accordance with RCW 9,46,010 et seq. Thereafter, for any period
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covered by such state license or any renewal thereof, any person,
association, or organization shall, on or before the fifteenth day of the
month following the end of the quarterly period in which the tax accrued,
file with the finance director a sworn statement on a form to be provided
and prescribed by the city council for the purpose of ascertaining the tax
due for the preceding quarterly period.
Sec. 3.21.040. Tax due.
A. Quarterly tax reporting and payment. Except as provided in
subsection (B) of this section for taxes due in excess of fifty thousand
dollars ($50,000) annually, the tax imposed by this chapter shall be due
and payable in quarterly installments and remittance therefor, together
with the return forms, shall be made on or before the final day of the
month immediately after the quarterly period in which the tax accrued.
Such payments shall be due on January 31, April 30, July 31, and October
31 of each respective year.
1. Whenever any person, association, or organization taxed
under this chapter quits business, sells out, or otherwise disposes of its
business, or terminates the business, any tax due shall become due and
payable immediately, and such taxpayer shall, within ten (10) days after
the last date the establishment is open for business, file a return and pay
the tax due.
2. Whenever it appears to the finance director that the collection
of taxes from any person, association, or organization may be in jeopardy,
the finance director, after not less than ten (10) days' notice to the
taxpayer, is authorized to require that the taxpayer remit taxes due and
returns at such shorter intervals than otherwise provided, as the finance
director deems appropriate under the circumstances.
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1 B. Monthly tax reporting and payment. The tax imposed by this chapter
shall be due and payable in monthly installments when the gambling taxes
due in the previous calendar year were in excess of fifty thousand dollars
($50,000). In that event, the tax remittance, together with the return
forms, shall be made on or before the final day of the month immediately
after the month in which the tax accrued.
1. Whenever any person, association, or organization taxed
under this chapter quits business, sells out, or otherwise disposes of its
business, or terminates the business, any tax due shall become due and
payable immediately, and such taxpayer shall, within ten (10) days after
the last date the establishment is open for business, file a return and pay
the tax due.
2. Whenever it appears to the finance director that the collection
of taxes from any person, association, or organization may be in jeopardy,
the finance director, after not less than ten (10) days' notice to the
taxpayer, is authorized to require that the taxpayer remit taxes due and
returns at such shorter intervals than otherwise provided, as the finance
director deems appropriate under the circumstances.
Sec. 3.21.041. Administration and collection of tax.
A. Administration and collection of the various taxes imposed by this
chapter shall be the responsibility of the finance director. Remittance of
the amount due shall be accompanied by a completed return form
prescribed and provided by the finance director. The taxpayer shall be
required to swear and affirm that the information given in the return is
true, accurate, and complete.
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B. The finance director is authorized, but not required, to mail to
taxpayers forms for returns. Failure of the taxpayer to receive such a form
shall not excuse the taxpayer from making the return and timely paying all
taxes due. The finance director shall have forms available to the public in
reasonable numbers at the city hall customer services department during
regular business hours.
C. In addition to the return form, a copy of the taxpayer's quarterly
report to the Washington State Gambling Commission required by Chapter
230-08 WAC for the period in which the tax accrued, shall accompany
remittance of the tax amount due.
Sec. 3.21.042. Method of payment. Taxes payable hereunder
shall be remitted to the finance director on or before the time required by
bank draft, certified check, cashier's check, personal check, money order,
credit card, or cash. If payment is made by draft, credit card, or check, the
tax shall not be deemed paid until the draft, credit card, or check is
honored in the usual course of business, nor shall the acceptance of any
sum by the finance director be an acquittance or discharge of the tax
unless the amount paid is the full amount due. The return and copy of the
quarterly report to the Washington State Gambling Commission shall be
filed in the office of the finance director after notation by the finance
director upon the return of the amount actually received from the
taxpayer.
Sec. 3.21.043. Failure to make timely payment of tax or fee.
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A. Penalty. For each payment due, if such payment is not made by the
due date thereof, there shall be added a penalty as follows:
1. If not paid on or before the first day of the second month next
succeeding the quarterly period in which the tax accrued, ten (10) percent
of the total tax due with a minimum penalty of five dollars ($5).
2. If not paid on or before the first day of the third month next
succeeding the quarterly period in which the tax accrued, fifteen (15)
percent of the total tax due with a minimum penalty of ten dollars ($10).
3. If not paid on or before the first day of the fourth month next
succeeding the quarterly period in which the tax accrued, twenty (20)
percent of the total tax due with a minimum penalty of twenty dollars
($20)•
4. Failure to make full payment of all taxes and penalties due by
the final day of the third month next succeeding the quarterly period in
which the tax accrued shall be deemed to be both a criminal and civil
violation of this chapter.
B. Service charge. In addition to the penalties imposed under
subsection (A) of this section, a service charge of one (1) percent of the
amount of the unpaid balance or two dollars ($2.00), whichever amount is
greater, will be imposed one (1) month from the date payment was due,
and at the end of each succeeding monthly period, until all past due
amounts are paid in full.
Sec. 3.21.050. Records required.
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A. Each person, association, or organization engaging in an activity
taxable under this chapter shall maintain records respecting that activity
which truly, completely, and accurately disclose all information necessary
to determine the taxpayer's tax liability hereunder during each base tax
period. Such records shall be kept and maintained for a period of not less
than three (3) years. In addition, all information and items required by the
Washington State Gambling Commission under Chapter 230-08 WAC, and
the United States Internal Revenue Service, respecting taxation, shall be
kept and maintained for the periods required by those agencies.
B. All books, records, and other items required to be kept and
maintained under this section shall be subject to, and immediately made
available for inspection and audit at any time, with or without notice, at
the place where such records are kept upon the demand of the finance
director or his designee for the purpose of enforcing the provisions of this
chapter.
C. Where the taxpayer does not keep all of the books, records, or items
required to be kept or maintained under this section within the jurisdiction
of the city so that the auditor may examine them conveniently, the
taxpayer shall either:
1. Produce and make available for inspection in this jurisdiction
all of the required books, records, or other items within ten (10) days
following a request by the auditor that he do so;
2. Bear the actual cost of inspection by the auditor or his
designee at the location of which books, records or items are located;
provided, that a taxpayer choosing to bear these costs shall pay in
advance to the finance director the estimated costs thereof, including but
not limited to, round trip fare by the most rapid means, lodging, meals,
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and incidental expenses. The actual amounts due or to be refunded for
expenses shall be determined following the examination of the records.
D. A taxpayer who fails, neglects, or refuses to produce such books and
records either within or without this jurisdiction, in addition to being
subject to other civil and criminal penalties provided by this chapter, shall
be subject to a jeopardy fee or tax assessment by the auditor which
penalty fee or jeopardy assessment shall be deemed prima facie correct
and shall be the amount of the fee or tax owing by the taxpayer unless he
can prove otherwise. The taxpayer shall be notified by the finance director
by posting in the mails of the United States, addressed to the taxpayer to
the last address on file with the finance department, a statement of the
amount of tax so determined by jeopardy assessment, together with any
penalty and/or interest, and the total of such amounts shall thereupon
become immediately due and payable.
Sec. 3.21.051. Overpayment or underpayment of tax. If,
upon application by a taxpayer for a refund or for an audit of his records,
or upon any examination of the returns or records of any taxpayer, it is
determined by the finance director that within three (3) years immediately
preceding receipt by the finance director of the application by the taxpayer
for a refund or an audit, or in the absence of such an application, within
three (3) years immediately preceding the commencement by the finance
director of such examination:
A. A tax or other fee has been paid in excess of that properly due, the
total excess paid over all amounts due to the city within such period of
three (3) years shall be credited to the taxpayer's account or shall be
credited to the taxpayer at the taxpayer's option. No refund or credit shall
be allowed for any excess paid more than three (3) years before the date
of such application or examination.
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B. A tax or other fee has been paid which is less than that properly
due, or no tax or other fee has been paid, the finance director shall mail a
statement to the taxpayer, showing the balance due, including the tax
amount or penalty assessments and fees, and it shall be a separate,
additional violation of this chapter, both civil and criminal if the taxpayer
fails to make payment in full within ten (10) calendar days of such mailing.
Sec. 3.21.052. Failure to make return. If any taxpayer fails,
neglects, or refuses to make and file his return as and when required
under this chapter, the finance director is authorized to determine the
amount of tax payable, together with any penalty and/or interest assessed
under the provisions of this chapter and by mail to notify such taxpayer of
the amount so determined, which amount shall thereupon become the tax
and penalty and/or interest and shall become immediately due and
payable.
Sec. 3.21.053. Tax additional to others. The taxes levied
herein shall be additional to any license fee or tax imposed or levied under
any law or other ordinance of the city except as otherwise herein expressly
provided.
Sec. 3.21.054. Finance director to make rules. The finance
director shall have the power, and it shall be his or her duty, from time to
time, to adopt, publish and enforce rules and regulations not inconsistent
with this chapter or other applicable laws for the purpose of carrying out
the provisions hereof, and it is unlawful to violate or fail to comply with
any such rule or regulation.
Sec. 3.21.055. Taxes, penalties, service charges, and fees
constitute debt to municipality. Any tax due and unpaid under this
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chapter and all penalties, service charges, or fees shall constitute a debt to
the city. The city may, pursuant to Chapter 19.16 RCW, use a collection
agency to collect outstanding debts, or it may seek collection by court
proceedings, which remedies shall be in addition to all other existing
remedies. Further, as provided for in RCW 9.46.110(4), as now enacted or
hereafter amended, taxes and associated penalties and charges imposed
under this chapter shall become a lien upon personal and real property
used in the gambling activity in the same manner as provided for under
RCW 84.60.010 for property taxes. The lien shall attach on the date the
tax becomes due and shall relate back and have priority against real and
personal property to the same extent as ad valorem taxes.
Sec. 3.21.060. Penalties. Any person who shall fail or refuse to
pay the tax as required in this chapter, or who shall wilfully disobey any
rule or regulation promulgated by the city council under this chapter, shall
be guilty of a misdemeanor and upon conviction shall be punished by
imprisonment for not more than ninety (90) days or by a fine of not more
than two hundred fifty dollars ($250) or by both such fine and
imprisonment. Any such fine shall be in addition to the tax required.
Officers, directors, and managers of any organization conducting gambling
activities shall be jointly and severally liable for the payment of the tax and
for the payment of any fine imposed under this chapter.
SECTION 2. - Amendment. Section 12.01.145 of the Kent City
Code, entitled "Notice of open record hearing" is amended as follows:
Sec. 12.01.145 Notice of open record hearing.
A. Notice of open record hearing for all types of applications. The notice
given of an open record hearing required in this chapter shall contain:
1. The name of the applicant or the applicant's representative;
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2. Description of the affected property, which may be in the
form of either a vicinity location sketch or written description, other than a
legal description;
3. The date, time, and place of the hearing;
4. The nature of the proposed use or development;
5. A statement that all interested persons may appear and
provide testimony;
6. When and where information may be examined, and when
and how written comments addressing findings required for a decision by
the hearing body may be submitted;
7. The name of a city representative to contact and the
telephone number where additional information may be obtained;
8. That a copy of the application, all documents and evidence
relied upon by the applicant and applicable criteria are available for
inspection at no cost and will be provided at the cost of reproduction; and
9. That a copy of the staff report will be available for inspection
at no cost at least five (5) calendar days prior to the hearing and copies
will be provided at the cost provided for in the city's public record
disclosure policy.
B. Mailed notice of open record hearing. Mailed notice of the open
record hearing shall be provided by the city in hard copy or e-mail as
follows:
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1. Process I, II, and V actions. No public notice is required
because an open record hearing is not held. Notice for short plat meetings
is mailed to property owners within threetwe hundred (2300) feet.
Shoreline permit notices shall be in accordance with the requirements of
WAC 173-27-110.
2. Process III and IV actions. The notice of open record hearing
shall be mailed to:
a. The applicant;
b. All owners of real property as shown by the records of
the county assessor's office within three hundred (300) feet of the subject
property; and
C. Any person who submits written comments, delivered
to the planning services office, regarding the project permit.
3. Process IV preliminary plat actions. In addition to the general
notice of open record hearing requirements for Process IV actions above,
additional notice shall be provided as follows:
a. Notice of the filing of a preliminary plat of a proposed
subdivision located adjacent to the right-of-way of a state highway or
within two (2) miles of the boundary of a state or municipal airport shall be
given to the Secretary of Transportation, who must respond within fifteen
(15) calendar days of such notice.
b. Special notice of the hearing shall be given to adjacent
land owners by any other reasonable method the city deems necessary.
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Adjacent land owners are the owners of real property, as shown by the
records of the King County assessor, located within three hundred (300)
feet of any portion of the boundary of the proposed subdivision. If the
owner of the real property which is proposed to be subdivided owns
another parcel or parcels of real property which lie adjacent to the real
property proposed to be subdivided, notice under RCW 58.17.090(1)(b)
shall be given to owners of real property located within three hundred
(300) feet of such adjacently owned parcels.
4. Process VI actions. For Process VI legislative actions, the city
shall publish notice as described in subsections (C) and (D) of this section,
and use all other methods of notice as required by RCW 35A.12.160. For
privately proposed amendments to the comprehensive plan land use map,
notice of the open record hearing shall be mailed to:
a. The applicant;
b. All owners of real property as shown by the records of
the county assessor's office within three hundred (300) feet of the affected
property; and
C. Any person who has requested notice.
For revised geographic scope of the privately proposed land use plan map
amendments, notice of the open record hearing shall be given by
notification of all property owners within the revised land use plan map
amendment area.
C. Procedure for posted or published notice of open record hearing.
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1. Posted notice of the open record hearing is required for all
Process III and IV actions. The posted notice of hearing shall be added to
the sign already posted on the property pursuant to KCC 12.01.140(F).
2. Published notice of the open record hearing is required for all
Process III and IV procedures. The published notice shall be published in
the city's official newspaper or appropriate substitute as provided for in
Resolution No. 1747 or as subsequently amended and contain the following
information:
a. Project location;
b. Project description;
c. Type of permit(s) required;
d. Date, time, and location of the hearing; and
e. Location where the complete application may be reviewed.
3. Published notice of the open record hearing is required for all
Process VI procedures. The notice shall be published in the city's official
newspaper or appropriate substitute as provided for in Resolution No. 1747
or as subsequently amended and, in addition to the information required in
subsection (C)(2) of this section, shall contain the project description and
the location where the complete file may be reviewed.
D. Time of notice of open record hearing. Notice shall be mailed, posted
and first published not less than ten (10) calendar days prior to the
hearing date. Any posted notice and notice boards shall be removed by the
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applicant within seven (7) calendar days following the conclusion of the
open record hearing(s).
SECTION 3. - Amendment. Section 12.04.227 of the Kent City
Code, entitled "Procedure for alteration of a subdivision or short
subdivision" is amended as follows:
Sec. 12.04.227. Procedure for alteration of a subdivision or
short subdivision.
A. An applicant requesting to alter a subdivision or short subdivision or
any portion thereof, except as provided in KCC 12.04.230, shall submit a
plat alteration application to the permit center. The application shall be
accompanied by such submittal requirements as described in the
application form, and applicable fees, and shall contain the signatures of all
persons having an ownership interest in lots, tracts, parcels, sites, or
divisions within the subdivision or short subdivision or in that portion to be
altered.
B. The planning director shall have the authority to determine whether
the proposed alteration constitutes a minor or major alteration. Major
alterations are those that are not in response to staff review or public
appeal and substantially change the basic design, increase the number of
lots, substantially decrease open space, substantially change conditions of
subdivision or short subdivision approval, substantially change access
points, or other similar requirements or provisions. Minor alterations are
those that make minor changes to engineering design or lot dimensions,
decrease the number of lots to be created, or increase open space, or
other similar minor changes. Major alterations shall not alter the be
vesting or validity period of the
Originally approved subdivision or short subdivision.
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C. If the subdivision or short subdivision is subject to restrictive
covenants which were filed at the time of the approval, and the application
for alteration would result in the violation of a covenant, the application
shall contain an agreement signed by all parties subject to the covenants
providing that the parties agree to terminate or alter the relevant
covenants to accomplish the purpose of the alteration of the subdivision or
short subdivision or any portion thereof.
D. If the alteration is requested prior to final plat or final short plat
review and signature, a minor alteration may be approved with consent of
the planning and the public works directors. A major plat or short plat
alteration shall require consent of the short subdivision committee for
short subdivisions or the hearing examiner for subdivisions after public
notice and a public meeting or hearing is held. Planning services shall
provide notice of the application for a major plat or short plat alteration to
all owners of property within the subdivision or short subdivision, all
parties of record, and as was required by the original subdivision or short
subdivision application. The planning director shall have the authority to
determine whether the proposed alteration constitutes a minor or major
alteration pursuant to subsection (B) of this section.
E. If the alteration is requested after final plat or final short plat review
and signature, but prior to filing the final plat or final short plat with King
County, a plat or short plat alteration may be approved with consent of the
short subdivision committee for short subdivisions or the planning director
for subdivisions. Upon receipt of an application for alteration, planning
services shall provide notice of the application to all owners of property
within the subdivision or short subdivision, all parties of record, and as was
required by the original application. The notice shall establish a date for a
public meeting or hearing.
21 Annual Docket Amendments -
Re: Development Regulations
F. If the alteration is requested after filing the final plat or final short
plat with King County, a minor plat or short plat alteration may be
approved with consent of the short subdivision committee in the case of
short subdivisions or the planning director for subdivisions. If the planning
director determines that the proposed alteration is a major alteration,
pursuant to subsection (B) of this section, then the planning director may
require replatting pursuant to this chapter. Upon receipt of an application
for alteration, planning services shall provide notice of the application to all
owners of property within the subdivision or short subdivision, all parties of
record, and as was required by the subdivision or short subdivision plat
application. The notice shall establish a date for a public meeting or
hearing.
G. The city shall determine the public use and interest in the proposed
alteration and may deny or approve the application for alteration. If any
land within the alteration is part of an assessment district, any outstanding
assessments shall be equitably divided and levied against the remaining
lots, parcels, or tracts, or be levied equitably on the lots resulting from the
alteration. If any land within the alteration contains a dedication to the
general use of persons residing within the subdivision, such land may be
altered and divided equitably between adjacent properties.
H. After approval of the alteration, the city shall order the applicant to
produce a revised drawing of the approved alteration of the subdivision or
short subdivision, which after signature the final plat or final short plat
shall be filed with King County to become the lawful plat or short plat of
the property.
I. This section shall not be construed as applying to the alteration or
replatting of any plat or short plat of state-granted shore lands.
22 Annual Docket Amendments -
Re: Development Regulations
SECTION 4. - Amendment. Chapter 15.02 of the Kent City Code
is amended to adopt a new Section 15.02.070.1, entitled "House-Banked
Card Rooms," as follows:
15,02,070.1 House-sanked Card House-sank Roqlm. House-banked
card room means a use overned pursuant to the provisions of chapter
9.46 RCW 1973 Gaming Act and licensed by the Washin ton State
_q-
Gambling Commission,
SECTIONS. - Re ep aler. Section 15.02.092 of the Kent City Code
entitled "Creeks, major' is hereby repealed in its entirety.
SECTION 6. - Re ep aler. Section 15.02.093 of the Kent City Code
entitled "Creeks, minor," is hereby repealed in its entirety.
SECTION 7. - Amendment. Section 15.02.096 of the Kent City
Code entitled ""Density, maximum permitted," is recodified as Section
15.02.103 and is amended as follows:
Sec. 15.02.8%103. Density, maximum permitted. Maximum
permitted density refers to the maximum number of dwelling units
permitted per acre, subject to lot size and other development standards of
Ch. 15.04 KCC. When determining the allowed number of lots or dwelling
units for a subdivision, short subdivision, or multifamily project all site area
may be included in the calculation. If calculations result in less than one
full lot or unit, the-fractions above 50 shall' be rounded uo and fractions
.50 and below shall be rounded down s#all-be reunded to the nearest
whole numbeF as pr-e` below.
23 Annual Docket Amendments -
Re., Development Regulations
cnn a"ess _ Fve . t be
used in Ealcul i ig the rnadensity-.
{-F@B"-f x-iB af f6- iWCTCl�welhn units, fra tin e n..BJ-aM
y,, ,��� ,��p ma ,Fe be
dears.
Cg'y4ets-,cor dw l;Hnn units, fractions nF t1 �'C
\\ /
ant#--above-sba�+ be reunded-trp;and-frac-tions-bele� shall--be ended
dewn.
D7 For ten (10) or more lots or dwellingCt4B+T rbE}t+E 9 5(4
sba i be roe nd-fFaetiens-4:-50--aa .below-shall-be+et>rtded down.
SECTIONS. -Repealer. Section 15.02.112 of the Kent City Code
entitled "Drainage ditch," is hereby repealed in its entirety.
SECTION 9. - Re ep aler. Section 15.02.132 of the Kent City Code
entitled "Erosion hazard areas," is hereby repealed in its entirety.
SECTION 10. - Repealer. Section 15.02.222 of the Kent City Code
entitled "Landslide areas," is hereby repealed in its entirety.
SECTION 11. - Repealer. Section 15.02.337 of the Kent City Code
entitled "Ravine," is hereby repealed in its entirety.
SECTION 12. - Repealer. Section 15.02.342 of the Kent City Code
entitled "Seismic hazard areas," is hereby repealed in its entirety:
SECTION 13. - Repealer. Section 15.02.530 of the Kent City Code
entitled "Unique and fragile area," is hereby repealed in its entirety.
24 Annual Docket Amendments -
Re: Development Regulations
SECTION 14. - Amendment. Section 15.03.010 of the Kent City
Code entitled "Establishment and designation of districts," is amended as
follows:
Sec. 15.03.010 Establishment and designation of districts.
The various districts established by this title and into which the city is
divided are designated as follows:
A-10 Agricultural District
The stated goal of the city is to preserve prime agricultural land in the
Green River Valley as a nonrenewable resource. The agriculture zone shall
actively encourage the concentration of agricultural uses in areas where
incompatibility with urban uses will be minimal to aid in the
implementation of those goals. Further, such classification of prime
agricultural land thus recognizes and encourages farming activity as a
viable sector of the local economy.
SR-1 Residential Agricultural District
The purpose of the SR-1 zone is to provide for areas allowing low density
single-family residential development. SR-1 zoning shall be applied to
those areas identified in the comprehensive plan for low density
development, because of environmental constraints or the lack of urban
services.
AG Agricultural General District
The purpose of the AG zone is to provide appropriate locations for
agriculturally related industrial and retail uses in or near areas designated
25 Annual Docket Amendments -
Re: Development Regulations
for long-term agricultural use. Such areas may contain prime farmland
soils which may be currently or potentially used for agricultural production.
SR-3 Single-Family Residential District
SR-4.5 Single-Family Residential District
SR-6 Single-Family Residential District
SR-8 Single-Family Residential District
It is the purpose of the single-family residential districts to stabilize and
preserve single-family residential neighborhoods, as designated in the
comprehensive plan. It is further the purpose to provide a range of
densities and minimum lot sizes in order to promote diversity and
recognize a variety of residential environments.
MR-D Duplex Multifamily Residential District
It is the purpose of the MR-D district to provide for a limited increase in
population density and allow for a greater variety of housing types by
allowing duplex dwelling units and higher density single-family detached
residential development.
MR-T12 Multifamily Residential Townhouse District
MR-T16 Multifamily Residential Townhouse District
It is the purpose of the MR-T districts to provide suitable locations for low
to medium density multifamily residential development where home
ownership is encouraged consistent with the comprehensive plan.
26 Annual Docket Amendments -
Re: Development Regulations
MR-G Low Density Multifamily Residential District
It is the purpose of the MR-G district to provide locations for low to
medium density multifamily residential development and higher density
single-family residential development, as designated in the comprehensive
plan.
MR-M Medium Density Multifamily Residential District
It is the purpose of the MR-M district to provide for locations for medium
density multifamily residential development and higher density single-
family residential development, as designated in the comprehensive plan.
MR-H High Density Multifamily Residential District
It is the purpose of the MR-H district to provide for locations for high
density residential districts suitable for urban living.
MHP Mobile Home Park Combining District
The MHP combining district is designed to provide proper locations for
mobile home parks. Mobile home parks may be located in any multi-family
residential district when MHP combining district regulations and
development plans are approved for that location.
PUD Planned Unit Development District
The intent of the PUD is to create a process to promote diversity and
creativity in site design, and protect and enhance natural and community
features. The process is provided to encourage unique developments which
27 Annual Docket Amendments -
Re: Development Regulations
may combine a mixture of residential, commercial, and industrial uses. By
using flexibility in the application of development standards, this process
will promote developments that will benefit citizens that live and work
within the city.
NCC Neighborhood Convenience Commercial District
It is the purpose of the NCC district to provide small nodal areas for retail
and personal service activities convenient to residential areas and to
provide ready access to everyday convenience goods for the residents of
such neighborhoods. NCC districts shall be located in areas designated for
neighborhood services in the comprehensive plan.
CC Community Commercial District
The purpose of the CC district is to provide areas for limited commercial
activities that serve several residential neighborhoods. This district shall
only apply to such commercial districts as designated in the city
comprehensive plan. It is also the purpose of this district to provide
opportunities for mixed use development within the designated mixed use
overlay boundary, as designated by the comprehensive plan.
DC Downtown Commercial District
It is the purpose of the DC district to provide a place and create
environmental conditions which will encourage the location of dense and
varied retail, office, residential, civic, and recreational activities which will
benefit and contribute to the vitality of a central downtown location, to
recognize and preserve the historic pattern of development in the area and
to implement the land use goals and policies in the 1989 downtown plan,
the Kent comprehensive plan, and the downtown action plan. In the DC
28 Annual Docket Amendments -
Re: Development Regulations
area, permitted uses should be primarily pedestrian-oriented and able to
take advantage of on-street and structured off-street parking lots.
DCE Downtown Commercial Enterprise District
The purpose of this district is to encourage and promote higher density
development and a variety and mixture of compatible retail, commercial,
residential, civic, recreational, and service activities in the downtown area,
to enhance the pedestrian-oriented character of the downtown, and to
implement the goals and policies of the 1989 downtown plan, the Kent
comprehensive plan, and the downtown strategic action plan.
DCE-T Downtown Commercial Enterprise District - Transitional Overlay
Within the downtown commercial enterprise district, a transitional overlay
addresses compatibility of higher intensity mixed use development with
nearby single-family residential zones through height limits and required
application of certain downtown design review elements.
MTC-1 Midway Transit Community-1 District
The purpose and intent of the MTC-1 district is to provide an area that will
encourage the location of moderately dense and varied retail, office, or
residential activities in support of rapid light rail and mass transit options,
to enhance a pedestrian-oriented character while acknowledging the
existing highway corridor character, and to implement the goals and
policies of the Midway Subarea Plan.
MTC-2 Midway Transit Community-2 District
29 Annual Docket Amendments -
Re: Development Regulations
The purpose and intent of the MTC-2 district is to provide a place and
create environmental conditions which will promote the location of dense
and varied retail, office, or residential activities, and recreational activities
in support of rapid light rail and mass transit options, to ensure a primarily
pedestrian-oriented character, and to implement the goals and policies of
the Midway Subarea Plan.
MCR Midway Commercial/Residential District
The purpose and intent of the MCR district is to provide area that will
encourage the location of dense and varied retail, office, or residential
activities in support of rapid light rail and mass transit options, to enhance
a pedestrian-oriented character, and to implement the goals and policies of
the Midway Subarea Plan.
CM-1 Commercial Manufacturing-1 District
It is the purpose of the CM-1 district to provide locations for those types of
developments which combine some characteristics of both retail
establishments and industrial operations, heavy commercial uses, and
wholesale uses.
CM-2 Commercial Manufacturing-2 District
It is the purpose of the CM-2 district to provide locations for those types of
developments which combine some characteristics of both retail
establishments and small-scale, light industrial operations, heavy
commercial and wholesale uses, and specialty manufacturing.
GC General Commercial District
30 Annual Docket Amendments -
Re: Development Regulations
The purpose and intent of the general commercial district is to provide for
the location of commercial areas developed along certain major
thoroughfares; to provide use incentives and development standards which
will encourage the redevelopment and upgrading of such areas; to provide
for a range of trade, service, entertainment, and recreation land uses
which occur adjacent to major traffic arterials and residential uses; and to
provide areas for development which are automobile-oriented and
designed for convenience, safety, and the reduction of the visual blight of
uncontrolled advertising signs, traffic control devices, and utility
equipment. It is also the purpose of this district to provide opportunities
for mixed use development within the designated mixed use overlay
boundary, as designated by the comprehensive plan.
M1, M1-C Industrial Park District
The purpose of the M1 district is to provide an environment exclusively for
and conducive to the development and protection of a broad range of
industrial, office, and business park activities, including modern, large-
scale administrative facilities, research institutions, and specialized
manufacturing organizations, all of a non-nuisance type, as designated in
the comprehensive plan. This district is intended to provide areas for
those industrial activities that desire to conduct business in an atrnE)sphere
of prestigiouse location in which environmental amenities are protected
through a high level of development standards. It is also the purpose of
this zone to allow certain limited commercial land uses that provide
necessary personal and business services for the general industrial area.
Such uses are allowed in the M1 district, through the application of the "C"
suffix, at centralized, nodal locations where major arterials intersect.
M2 Limited Industrial District
31 Annual Docket Amendments -
Re: Development Regulations
The purpose of the M2 district is to provide areas suitable for a broad
range of industrial and warehouse/distribution activities. The permitted
uses are similar to those of the industrial park district; except, that non-
industrial uses, particularly office and retail, are restricted, in accordance
with the manufacturing/industrial center designation in the comprehensive
plan. Development standards are aimed at maintaining an efficient and
desirable industrial area.
M3 General Industrial District
The purpose of the M3 district is to provide areas suitable for the broadest
range of industrial activities, and to specify those industrial activities
having unusual or potentially deleterious operational characteristics, where
special attention must be paid to location and site development. Light
industrial uses which require restrictive standards on the part of adjoining
uses and non-industrial uses are discouraged from locating in this district,
in accordance with the manufacturing/industrial center designation in the
comprehensive plan.
SU Special Use Combining District
It is the purpose of the SU district to provide for special controls for certain
uses which do not clearly fit into other districts, which may be due to
technological and social changes, or which are of such unique character as
to warrant special attention in the interest of the city's optimum
development and the preservation and enhancement of its environmental
quality. A special use combining district is imposed on an existing zoning
district, permitting the special use as well as uses permitted by the
underlying zone. The combining district becomes void if substantial
construction has not begun within a one-year period, and the district
reverts to its original zoning designation. It is the intent of the special use
32 Annual Docket Amendments -
Re: Development Regulations
combining regulations to provide the city with adequate procedures for
controlling and reviewing such uses and to discourage application for
speculative rezoning.
SECTION 15. - Amendment. Section 15.04.110 of the Kent City
Code entitled "Cultural, entertainment, and recreation land uses," is
amended as follows:
Sec. 15.04.110. Cultural, entertainment, and recreation land
uses.
Zianin,Dow,
Key
P=Principally
Permuted Uses
C U z S
$_sips."al USES V C K 5 Pig' C F F C y 55 [6G v U U V U ' p — 1 U
k S K U
= onal Uses Amp. I 5
A=Accessory Used
P P P P P.... P P P P
(3)
Performing and
cultural ads uses„
such as art
galladaslslimads
P P P P P
C u u C u
m
F4puvaroankad Gam.
Rapid
P P
Historic antl
monument sites
33 Annual Docket Amendments -
Re: Development Regulations
zaning olatrlcts
Key
P=Principally
Pcrm¢md Uses
U s'
S=Spacial Uses o U z & " ¢ z a a 'z y, z U U v U V U U U
=Conditional Uses a m r 8 z V x i i — U U `�
A=Accessary Uses
P P C C P P P P P
(2) (2) (2)
Pwblie:aeselnkA,
gsedl':SAW'1M5
lag1dlhe4,away,
audltresinn antl
dwlolbiVam hailer
W Jlmq Vigo,call
-
glaglNg famdllliaa,
5Ka4rvg umi
,'orlarlymiq cWte
arm etc dubs,
rbedaatom Mass
$0001ttChmpl
esgtexcfuddng
'1ptl0il6e)
Publlc assembly C P P
(outdoor)
raingt nods and
amusement parks,
tannis courts,
athletic fields,
miniature golf,
go-cart tracks,
drfva-inlikeaters,
etc.
Opien spanusa. C C C C C C C C C C C C C C C P P C C C C P P C C C C
dentelwnna,parks, (6) (6) (9) (9) (9) (7) (I)
kkIVgPOUnl qNi[ C C C C
courses,pma.1...
eeinsainn Mch,98,
OndfAing cu llgn{i$
or structures
assorlarrej heart ilm
Emplayee recreafan A A A A
areas
Private Guts, C C C C C C C C C C C C C C C C C P C P C C P C C C C
fraternal lodges,etc (5) (5) (5)
C C C
Recreational cell C
parks
Accessory uses and A A A A A A A A A A A A A A A A A A A A A A A A A A
structure, (10) '(10) (I0) (10) (10)
34 Annual Docket Amendments -
Re: Development Regulations
?oning Districts
Key
P=Principally
permitted Uses
W w F F
=Speciel U5e5 Y' C C '25 p C 5 Y S U U C U c, U U — 'Uj
C=Conditional Uses es
- - V V
5 s
A=Accessory Uses
.Ppucustomarily
porrUtted j to a
permittetl use
Recreational RA
buildings in MHP 1411 11 1 11 1
SECTION 16. Amendment. Section 15.04.120 of the Kent City
Code entitled "Cultural, entertainment, and recreation land use
development conditions," is amended as follows:
Sec. 15.04.120. Cultural, entertainment, and recreation land
use development conditions.
1. [Reserved} House-banked card rooms are not allowed in areas
zoned GC-MU (General Commercial-Mixed Use)—.or-_CC-MU Community
wpm al-Mivo.i Use), unlesS Wlthnri7orl by n r'nnrlifinnni I Ica Dermii
House-Banked card rooms are not allowed in areas designated Urban
Center on the Land Use Plan Map. Should any court of competent
gurisd ction. fired that the City zoning for house-banked card rooms is
unconstitutional or illegal. the City elects to permit a legally-existing card
r pnentit tv W.v rtitiue opeialjbnr nnn,.nnnfnrminn lenssl itce nnri nfh eru.ice
bans card rooms.
2. Principally permitted uses are limited to indoor paintball, health and
fitness clubs and facilities, gymnastic schools, and other similar uses
35 Annual Docket Amendments -
Re: Development Regulations
deemed compatible with the general character and stated purpose of the
district.
3. The ground level or street level portion of all buildings in the
pedestrian overlay of the DC district, set forth in the map below, must be
retail or pedestrian-oriented. Pedestrian-oriented development shall have
the main ground floor entry located adjacent to a public street and be
physically and visually accessible by pedestrians from the sidewalk, and
may include the following uses:
a. Retail establishments, including but not limited to
convenience goods, department and variety stores, specialty shops such as
apparel and accessories, gift shops, toy shops, cards and paper goods,
home and home accessory shops, florists, antique shops, and book shops;
b. Personal services, including but not limited to barber shops,
beauty salons, and dry cleaning;
C. Repair services, including but not limited to television, radio,
computer, jewelry, and shoe repair;
d. Food-related shops, including but not limited to restaurants
(including outdoor seating areas and excluding drive-in restaurants) and
taverns;
e. Copy establishments;
f. Professional services, including but not limited to law offices
and consulting services; and
36 Annual Docket Amendments -
Re: Development Regulations
g. Any other use that is determined by the economic and
community development director to be of the same general character as
the above permitted uses and in accordance with the stated purpose of the
district, pursuant to KCC 15.09.065, use interpretations.
GoweT
�o
c
o
N
y
U
w, w OI
4 House banked card rooms are not allowed in areas
psi nated Manufac urin Industrial Center (MIC).. Should any court of
competent jurisdiction find that the City zoning for house-banked card'
roams is unconstitutional or illegal, the City elects to permit a legally-
existing house-banked card room to continue operation as a
nonconformintaal use and otherwise bans house-banked card rooms.
5. Business, civic, social, and fraternal associations and service offices
are principally permitted uses.
37 Annual Docket Amendments -
Re: Development Regulations
6. Principally permitted uses are limited to parks and playgrounds.
7. Principally permitted uses are limited to golf driving ranges„
8. [Reserved],
9. Conditionally permitted uses are limited to parks and playgrounds.
10. Accessory structures composed of at least two walls and a roof, not
including accessory uses or structures customarily appurtenant to
agricultural uses, are subject to the provisions of KCC 15.08.160.
SECTION 17. - Amendment. Section 15.04.170 of the Kent City
Code entitled "Agricultural and residential zone development standards," is
amended as follows:
Sec. 15.04.170. Agricultural and residential zone
development standards.
38 Annual Docket Amendments -
Re: Development Regulations
.............
,Oblinery
3 ' F
to p E
y Y HI E
in es
3 Ein
4 IF
fi
a y 5 OtE
t
$F D111 SF Dupl MF SF Oupl AIF SF Duptl MF SF Dupl11 MF SF Furl MF
I 1 5A9 453 695 8 871 108 �jl �
a2,0 I60 a 16.6 Ifi6 too 239 a 216 000 s no
al rlu OWe Jusl due( Jusl due/ tlNl 9 usl din due/ac duel tlus/ Jus/ Jua/ tlusl Ausl
eensln• ens a. g
dxelin9 j0
nuts per
to
10 341 960 ]so 5,10 ¢ao 400 800 ,50 n n,00 e5o0(3 eon e5o 900 9s0 600 650
09 o a 6 6 llsq 651
( qn 9sp S69 ap nay 0/ 95q 0/ o5q m
Minimum lol an,11 ey11 a,I sq 11 spll it 11 ,50 R in 1") It 2S9 e H 1.60 e 1 900
are.square (39) (P) (32) rty (95) 9 a9 osq on it
reel or X X 13)
D (1 (2)
linked a
Mlnimumlot 60 60ft 60ft 50ft 50ft 40H 25X BOX11 25tt 50X BO1 11b 80ft 00ft 2511 Ad it Boft 251[ 90p Bolt
myth feet ft (97) (37) (37
)
(d)
r"oimum 30 30% 45 45 50 65 55 40Yo6 65 40% AS% 55 40°A. 45 55 40% 95 55 1 50ste % % % Y (6) 'Yo (A) ('A % 5) %eT,era" (5) (51 (5) (51 (5) J (5) (5) (5) [61
pereenkn(
situ
Minimum (2
,and 2)
requirement
Isel
20 201t 10ft 10ft loft 10ft loft loft mX mX 10it 1OX to it fan 10X Ion Ion l0n 1V loft 10ft m9 mX
FronlyeN ft (6) (51 (B) (6) (XI (E) (6) (6) (6) I6) (6) (6) (5J (fi) (fi) (fi) (61
(fi) (fil (B) (Bj (0J (8) (8) I9) (0) I6) (6) [6) (B) (BI (B) (B) !81
(9) (9) (9) (9] (9) (9) (9) (9) (e) (9) (9) (9) (9 (9) (9) (91
5deyaril 15 15fl I5ft 5@ft 58ft 99ft 5X fiX 5X 51 (Iq 6ft 6X (11) 5X 5fi (11) SX Stt 11 1) 51t 5ft (11)
ft (� � (38) (30) (00) 00) (30) (30y (90)
613cyeNu1 20 sop 110X IDft 10ft loft loft 10X 10X 10ft I5ft I0it loll 15A IOV 1011 I5ft 10R 1O1 15ft 10ft loft I5ft
Xenkln9 kk [a) ry) (9) (9) (ob 9) 191 (9) f91 19) (9) (9) (91 (a) (91 ry)
streela(e
silmo
r lol
Rear yard 20 15fl 5ft 10ft IDft loft 5a 0R 5X 811 20X 5it filt 20ft 5ft 9X 20ft 51 BX 201) 5ft 6ft IDft
fl
hdtlltlonal (1 (12) (32) (32) (14) (31) (31) (14) (311 (31) (14) (14) (14)
ssdomeddrs 2) (I5) [32) (32) (16) (15) (15) (15)
Rosso (32) (A,, (31)
between (32)
buildings
IF Dupp IF Dupl MF IF Duel MF 6F Duel MF SF Dupl MF SF Di III
Hel9bk 2 25 25 25 25 25 25 25 25 2 3 25 2 13 s1ry/ 25 25 TflTHinal
6 Tso," ��r
Ilmon'.In 5 sryl slryl slay/ sliyl ebyl 111AI epyl slryl ys,y skryl slrY) eMl 30 H alryl cliy/ slry(05 X do 1 35 ft 35 X 30I 30 X 35 X 30 X 30 X 305 fl R sxoeud In
leek 35
39 Annual Docket Amendments -
Re: Development Regulations
j �,apng omin�........._.._____._ ...__
9 -
se E
pya J M 'k a E
ysa 9 E $ is z
E
rc ¢ S ie
7 so
sa
ff
At
rnoalmum 40 40, so fin t75 70Td l5 ]0Td, Io 95 Ta% 'TO% ➢5 10°/v 11 Into 11 Ion(19) % % (la) % (19) ° (19) (19) (19) %n (19) (19)
swore'. (l (vl, (23) (19) (19) II BI 1191 (19) (19)
pewentat 91
total parcel
0 0 .._... ...._. .___' ....................
Zero lot The pr msbns An KCC l5 08 300 15 08 310 15 08 320,and 15033ID 6halll apply
I
sienng
24)
Sign The sign renulandns of Charles 1506 K06 shall apply
Off-street The olHLeel p,klno isquir—ants of Chaplin 1505 KCC shall apply.
parking
Landsoapn The landscaping requitalA rph 1507 KCC chair apply.
e
(�) 25) (z5] [e 5) [t5) 121/11/1 1261(40) (26)(34)(401 (25)(2<+)(a0) (25)(26)(34)(Co) (25)(26)(w)
Ces10n (,a) 21 (26) (2A) (1B)
iew (as) (a,) (d9) (d9) (39)
(40) (40) (40) (40)
Hddlherial sonill for orpoo ns uses ars Contained In Chapters 15 09 and 15 09 KCC.
Htltlltlonel 11 1(31) fCS) (6]1 (33) (n5) (S6) (36) (26) 22 p61 p6) 1311 111) 1161 (06) 116 111) (61 (J
Ns
to (0d) (Jfi) (3� 3fi) (3fi) f29) (29) 6)
(36) (]6) load
SECTION 18. - Amendment. Section 15.04.180 of the Kent City
Code entitled "Agricultural and residential land use development standard
conditions," is amended as follows:
Sec. 15.04.180. Agricultural and residential land use
development standard conditions.
40 Annual Docket Amendments -
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1. Minimum lot area is 8,500 square feet for the first two dwelling
units, and 2,500 square feet for each additional dwelling unit.
2. Minimum lot area is 8,500 square feet for the first two dwelling
units, and 1,600 square feet for each additional dwelling unit.
3. Minimum lot area is 8,500 square feet for the first two dwelling
units, and 900 square feet for each additional dwelling unit.
4. To determine minimum lot width for irregular lots, a circle of
applicable diameter (the minimum lot width permitted) shall be scaled
within the proposed boundaries of the lot; provided, that an access
easement to another lot is not included within the circle.
5. Interior yards shall not be computed as part of the site coverage.
6. Porches and private shared courtyard features may be built within
the front building setback line.
7. For properties abutting on West Valley Highway, the frontage on
West Valley Highway shall be considered the front yard.
S. Proposed front yards less than 20 feet in depth are subject to
approval by the planning manager, based on review and recommendation
from the public works department relative to the existing and future traffic
volumes and right-of-way requirements as specified in the city
comprehensive transportation plan and city construction standards.
9. At least 20 linear feet of driveway shall be provided between any
garage, carport, or other primary parking area and the street property line
with the exception of an alley property line.
41 Annual Docket Amendments -
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10. An aggregate side yard of 30 feet shall be provided. A minimum of
10 feet shall be provided for each side yard. On a corner lot the side yard
setback shall be a minimum of 20 feet from the property line.
11. Each side yard shall be a minimum of 10 percent of the lot width;
however, regardless of lot width, the yard width need not be more than 30
feet. For multifamily townhouse developments that attach three units or
less, in the MRT-12 or MRT-16 zoning districts, the aggregate yard width
need not be more than 30 feet, but in no case shall a yard be less than 10
feet.
12. Structures for feeding, housing, and care of animals, except
household pets, shall be set back 50 feet from any property line.
13. Additional setbacks for the agriculture general AG zoning district.
a. Structures for feeding, housing, and care of animals shall be
set back 50 feet from any property line.
b. Transitional conditions shall exist when an AG district adjoins
a residential district containing a density of two dwelling units or more per
acre or a proposed residential area indicated on the city comprehensive
plan. Such transitional conditions shall not exist where the separation
includes an intervening use such as a river, railroad main line, major
topographic differential, or other similar conditions, or where the industrial
properties face on a limited access surface street on which the housing
does not face. When transitional conditions exist as defined in this
subsection, a yard of not less than 50 feet shall be provided.
42 Annual Docket Amendments -
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C. Setbacks, Green River. Industrial development in the AG
district abutting the Green River, or Russell Road or Frager Road where
such roads follow the river bank, shall be set back from the ordinary high-
water mark of the river a minimum of 200 feet. Such setbacks are in
accordance with the city comprehensive plan and in accordance with the
high quality of site development typically required for the industrial park
areas of the city and in accordance with the State Shoreline Management
Act of 1971, and shall be no more or less restrictive than the Shoreline
Management Act.
14. An inner court providing access to a double-row building shall be a
minimum of 20 feet.
15. The distance between principal buildings shall be at least one-half
the sum of the height of both buildings; provided, however, that in no case
shall the distance be less than 12 feet. This requirement shall also apply to
portions of the same building separated from each other by a court or
other open space.
16. The height limitations shall not apply to barns and silos; provided,
that they are not located within 50 feet of any lot line.
17. Beyond this height, to a height not greater than either four stories
or 60 feet, there shall be added one additional foot of yard for each
additional foot of building height.
18. The planning manager shall be authorized to approve a height
greater than four stories or 60 feet, provided such height does not detract
from the continuity of the area. When a request is made to exceed the
building height limit, the planning manager may impose such conditions,
43 Annual Docket Amendments -
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within a reasonable amount of time, as may be necessary to reduce any
incompatibilities with surrounding uses.
19. Except for lots used for agricultural practices, the maximum
impervious surface area allowed shall be 10,000 square feet when the lot
is greater than one acre.
20. The following uses are prohibited:
a. The removal of topsoil for any purpose.
b. Grade and fill operations; provided, that limited grade and fill
may be approved as needed to construct permitted buildings or structures.
C. All subsurface activities, including excavation for underground
utilities, pipelines, or other underground installations, that cause
permanent disruption of the surface of the land. Temporarily disrupted soil
surfaces shall be restored in a manner consistent with agricultural uses.
d. Dumping or storage of nonagricultural solid or liquid waste,
or of trash, rubbish, or noxious materials.
e. Activities that violate sound agricultural soil and water
conservation management practices.
21. Outdoor storage for industrial uses shall be located at the rear of a
principally permitted structure and shall be completely fenced.
22. Mobile home park combining district, MHP. The standards and
procedures of the city mobile home park code shall apply. General
44 Annual Docket Amendments -
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requirements and standards for mobile home park design, KCC 12.04.055;
mobile home parks, Chapter 12.05 KCC.
23. Except for lots used for agricultural practices, the maximum
impervious surface area allowed shall be 10,000 square feet.
24. Minimum lot width, building setbacks, and minimum lot size
regulations may be modified consistent with provisions for zero lot line and
clustering housing development.
25. Assisted living facilities, independent senior living facilities, and
residential facilities with health care are subject to multifamily design
review as provided for in KCC 15.09.045(D), except when located within
downtown or along Meeker Street from 64th Avenue South to Kent-Des
Moines Road, where development is subject to downtown design review
pursuant to KCC 15.09.046.
26. The requirements of KCC 15.09.045(D) for multifamily design
review shall apply to any multifamily dwelling or transitional housing of
three or more units, including triplex townhouse structures, except when
located within downtown or along Meeker Street from 64th Avenue South
to Kent-Des Moines Road (where development is subject to downtown
design review pursuant to KCC 15.09.046), or when located in a single-
family plat or short plat, where residential design review applies pursuant
to KCC 15.09.046(C).
27. Minimum lot area is 8,500 square feet for the first two dwelling
units, and 3,500 square feet for each additional dwelling unit.
45 Annual Docket Amendments -
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28. The following zoning is required to be in existence on the entire
property to be rezoned at the time of application of a rezone to an MR-T
zone: SR-8, MR-D, MR-G, MR-M, MR-H, NCC, CC, GC, DC, or DCE.
29. All multifamily townhouse developments in the MR-T zone shall be
townhouses with ownership interest only.
30. As an option to the five-foot side yard requirement for single-family
development in all multifamily zoning districts as set forth in KCC
15.04.170, a side yard width of no less than three feet may be utilized
under the following conditions:
a. Fire hydrants for the development, as required by the fire
code set forth in KCC Title 13, will be placed a maximum of 300 feet in
separation;
b. The required fire hydrants shall have a minimum fire flow of
1,500 gallons per minute; and
C. Emergency vehicle access roads shall be provided to the
development, which include an improved road accessible within 150 feet of
all portions of the exterior first floor of the structure.
This option is subject to the approval of the Washington State Building
Council. Application of this option shall be effective upon receipt by the city
of Kent of such approval.
31. Where lands are located wholly or partially within the urban
separator, as designated on the city of Kent comprehensive land use plan
map, dwelling units shall be required to be clustered, subject to the
provisions of Chapter 12.04 KCC, Subdivisions, Binding Site Plans, and Lot
46 Annual Docket Amendments -
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Line Adjustments. The density in a cluster subdivision shall be no greater
than the density that would be allowed on the parcel as a whole, including
all critical areas (creeks, wetlands, geological hazard areas) and buffers,
using the maximum density provisions of the zoning district in which it is
located.
The common open space in a cluster subdivision shall be a minimum of 50
percent of the nonconstrained area of the parcel. The nonconstrained area
of the parcel includes all areas of the parcel, minus critical areas, as
defined in RCW 36.70A.030(5) as currently and hereinafter amended, and
buffers. The remainder of the nonconstrained area of the parcel shall be
the buildable area of the parcel. The common open space tracts created by
clustering shall be located and configured in the manner that best connects
and increases protective buffers for environmentally sensitive areas,
connects and protects area wildlife habitat, creates connectivity between
the open space provided by the clustering and other adjacent open spaces
as well as existing or planned public parks and trails, and maintains scenic
vistas. Critical areas and buffers shall not be used in determining lot size
and common open space requirements in a cluster subdivision. All natural
features (such as streams and their buffers, significant stands of trees, and
rock outcroppings), as well as sensitive areas (such as steep slopes and
wetlands and their buffers), shall be preserved as open space in a cluster
subdivision.
Future development of the common open space shall be prohibited. Except
as specified on recorded documents creating the common open space, all
common open space resulting from lot clustering shall not be altered or
disturbed in a manner that degrades adjacent environmentally sensitive
areas, rural areas, agricultural areas, or resource lands; impairs scenic
vistas and the connectivity between the open space provided by the
clustered development and adjacent open spaces; degrades wildlife
47 Annual Docket Amendments -
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habitat; and impairs the recreational benefits enjoyed by the residents of
the development. Such common open spaces may be retained under
ownership by the owner or subdivider, conveyed to residents of the
development, conveyed to a homeowners' association for the benefit of the
residents of the development, conveyed to the city with the city's consent
and approval, or to another party upon approval of the city of Kent.
The minimum lot size of individual lots within a clustered subdivision is
2,500 square feet, and the minimum lot width is 30 feet. In the event that
common open space prohibits development of one single-family residence
on the parcel, the common open space will be reduced by the amount
necessary to meet the minimum 2,500-square-foot lot size. New lots
created by any subdivision action shall be clustered in groups not
exceeding eight units. There may be more than one cluster per project.
Separation between cluster groups shall be a minimum of 120 feet. Sight-
obscuring fences are not permitted along cluster lot lines adjacent to the
open space area.
32. For multifamily townhouse developments that attach three units, the
minimum building-to-building separation shall be 10 feet. For duplex and
single-family condominium townhouse developments, the minimum
building-to-building separation shall be established through the
International Building Code (IBC) or International Residential Code (IRC),
as may be applicable.
33. Where lands are located wholly outside the urban separator, as
designated on the city of Kent comprehensive land use plan map, dwelling
units may be clustered, subject to the applicable provisions of Chapter
12.04 KCC.
48 Annual Docket Amendments -
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34. The downtown design review requirements of KCC 15.09.046 shall
apply for all development within downtown or along Meeker Street from
64th Avenue South to Kent-Des Moines Road.
35. Minimum lot area requirements do not apply to multifamily
development in the Kent downtown planning area identified in KCC
15.09.046.
36. Cargo containers proposed to be located in a residential zone must
be located completely within a stick-built structure with a peaked roof and
building materials similar to that of the principal residence on the site. No
containers greater than 10 feet by 20 feet may be placed in residential
districts. This restriction does not apply to containers collecting debris or
accepting household goods for moving that are located on residential
property for less than 72 hours. Additionally, institutional uses are exempt
from these requirements except when a shipping container is proposed to
be located adjacent to or within sight of a residential use.
37. For subdivisions and short subdivisions created after March 22,
2007, or altered to comply with zoning and subdivision code amendments
effective after March 22, 2007, the minimum lot size shall be 3,000 square
feet. Minimum lot width shall be measured by scaling a 30-foot-diameter
circle within the boundaries of the lot; provided, that easement areas may
not be included in the required 30-foot-diameter circle. The lot frontage
along private or public streets shall be a minimum 20 feet in width.
Minimum driveway separation shall be 10 feet. Shared driveways are
permitted.
3$, RE'.serVC' W+Si9ns-cmcrarrdre ackv
March w
2007, may have n9in mum five feet side yards._Fft_PeFEefft-,Df
tlE'°°°I6t5--Wf ti"11hf?--5h1 A("15k 35-a1K1S -51E? t-SkN d1 151>ynns eFeaeed ar er MaFe,.. 22,
49 Annual Docket Amendments -
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200?, ff eR4rnetfts
,
effeetive aft Aare'
when special life sale s provided, The sum total of beth s
M of X4-... V.-.4.s ..F....NN be .. Fnini. 6 C,,,,,,,.VF.
any individual side 'es's-cTTa'eT- IIZ-
*1
FneaSUFes..
39. The residential design review standards of KCC 15.09.045(C) shall
apply-to-.ubdivisions-an,d .h:,rt- �bdivisfens-c-reated-afser Mafeh 2-2-,--c'�pr3-i
et-altereE{_Et- wr+pFy fft!'1—zee
40. Duplexes are subject to the residential design review standards of
KCC 15.09.045(C), except when located within downtown or along Meeker
Street from 64th Avenue South to Kent Des Moines Road, where they are
subject to downtown design review pursuant to KCC 15.09.046.
SECTION 19. - Amendment. Section 15.04.190 of the Kent City
Code entitled "Commercial and industrial zone development standards," is
amended as follows:
Sec. 15.04.190. Commercial and industrial zone development
standards.
Zoning okras
°
10,000 10,000 5,000 5,000 7.500 7,500 7 500 10.000 10.000 10,000 1 10,000 20,000 15,000 1
Mlnlmum lol sgft sgft sgft sgft sgft sgft sgft sgft sgft sgfl acre sgft sgfl sq fl acre
area_square (1) (66) (86)
feel or acres, (06)
as noted
50 Annual Docket Amendments -
Re: Development Regulations
Zoning Districts m�
iff
z
409b 40% 100'Yo 100°F 80% '100% 60% 50% 50% 400 60% 60°/ 65% ➢5% 60%
Maximum site
coverage'.
percent of site
Minimum yard
requirements'.
feel
Front yard lop 15 ft (2) (3) 20 It ',(68) 20 fl 15 ft 15 ft 20 fl (5) ',(5) (6) (7) (5)
Side yard (8) (9) (2J (3) (66) (88) (fib) (ID) (10) (10) (12) '.,.(12) (13) (14) (12)
(10) (10)
Side and on (17) '....(17) (17) (18) (17)
flanking street
of corner lot
Fear yard (8) 20 If 1(2) (3) (68) (68) (68) (19) (19) (19) (20) I(20) (21) (21) (20)
(19) (19) (19) (2)
Yards, (23) '(23) (24) (25) (23)
transitional
conditions
Additional (29) j(29) (29)
setbacks
Haight 2stryl 3slryl 4 (32) 75 16 16 2slryl 2stryl 2stryl 2 '.2stryl 2slryl 2slryl 2
limitellon:in _35 ft 40 fl etryl e1ry1565 s1ry120) phy1200 35 fl 35 ft 35 it doff 35 ft 35 ft 35 it slry/
sloneslnol to (30) 60ft ft (1 fl (30) (30) (30) 35 ft '.(35) (35) (37) 35 It
exceed in feet (69) p0) QO) (35) (35)
(To)
Lantlscaping The landscaping requirements of Chapter 1507 KCC shall apply.
2) (52) (52
'Outdoor (39) (39) (40) (4a) (40) (43) (43) (44) 46) (43)
storage t+ (41) (41) 151)
The Sign regulations of Chapter 15 06 KCC shall apply,
Signs
(60)
Vehicle onva (46) (46) (46) (46) (46) (46) (46)
through,dw6-
in,and service
bays
._.._ ..... _.........._...
Leading areas (47) (47) (47) ;47) (47)
(48) (48) (49) ;51) (48)
Off-street The off-street parking requirements of Chapter 15 05 KCC shall apply,
parking
(57) (57) (57) (57) (58) (58) (58) ;57) (56)
(4)(11) (31) (31) (71) (71) (71) (4) (4)(72) (4)(11)
Design revli (15) (15)
(72)
(50) (50) (50) (50) (50) (50) (501 (50) (50) (50) (50) (50) (50)
(56) (56) (56) (56) (56) (56) (56) (56) (56) (56) (53) (53) (54) 154) (53)
Additional (62) (07) (54) (64) (66) (55) (54)
standards (63) (55) (55) (56) (56) (55)
(64) (56) (56) (56)
(65)
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SECTION 20. - Amendment. Section 15.09.045 of the Kent City
Code entitled "Administrative design review," is amended as follows:
Sec. 15.09.045. Administrative design review.
A. Purpose and scope. Administrative design review is an
administrative process, the purpose of which is to implement and give
effect to the comprehensive plan, its policies, or parts thereof through the
adoption of design criteria for development relative to site layout,
landscape architecture, and exterior structure design. It is the intent of the
city that this process will serve to aid applicants in understanding the
principal expectations of the city concerning design, and encourage a
diversity of imaginative solutions to development through the planning
services division review and application of certain criteria. These criteria
have been formulated to improve the design, siting, and construction of
development projects so as to be compatible, both visually and otherwise,
with the topographic, open space, urban, or suburban characteristics of the
land or adjacent properties, while still maintaining allowable densities to be
applied in a manner consistent with established land use policies, the
comprehensive plan, this title, and community development goals of the
city.
The adoption of design criteria is an element of the city's regulation of land
use, which is statutorily authorized. Application of the multifamily design
process to the design criteria adopted in this section is established as an
administrative function delegated to the planning services division
pursuant to RCW Title 35A; therefore, in implementing the administrative
design review process, the planning director may adopt such rules and
procedures as are necessary to provide for expeditious review of proposed
projects. Further rules may be promulgated for additional administrative
review.
52 Annual Docket Amendments -
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B. Application and review process. Administrative design review
process is classified as a Process II application and shall be subject to the
applicable requirements of Chapter 12.01 KCC. The applicant must make
application for the design review process on forms provided by the
planning services division. Upon receipt of an application for design review,
the planning director shall circulate the application to the public works
director, building official, and the city administrator for review. Prior to
making a final decision, the planning director shall review any comments
submitted for consideration. In the administration of this process, the
planning director may develop supplementary handbooks for the public,
which shall pictorially illustrate and provide additional guidance on the
interpretation of the criteria set forth in subsections (C) and (D) of this
section, as well as a detailed explanation of the design review process.
C. Residential design review. In order to diminish the perception of
bulk, and provide visual interest along residential home facades that face
public areas, architectural design considerations shall be applied. Homes
, of altered to eeMPlY With Eode ameni.9"1'Cs®'6.TTLeL'PY'G-GATl:T1'TS1!1'6TT'
__, __ _ . , shall be _ ___ _e ' . This design review
shall be applied administratively as part of the building permit review
process for each new home.
1. Orientation of homes. The entry facade of each dwelling unit
shall be generally oriented toward the highest classification street from
which access to the lot is allowed, unless otherwise approved by the
Manning director based on existing context of surrounding development.
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2. Attached units. A building that contains a grouping of
attached units shall not exceed a 200-foot maximum length and shall be
separated from other groups of attached units by a minimum 15 feet.
3. Architecture. Each dwelling unit facade that faces a public
area shall, at a minimum, incorporate architectural elements as follows:
a. Two elements of facade modulation or roofline
variation. Facade modulation elements shall have a minimum width of
eight feet and a minimum depth of three feet. Roofline variation elements
shall have a minimum horizontal or vertical offset of three feet and a
minimum variation length of eight feet;
b. The maximum horizontal facade length without one
element of either facade modulation or roofline variation shall be 20 feet;
and
C. Three architectural detail elements.
4. Garages. Dwelling units within subdivisions and short
subdivisions shall provide diminished garage doors according to the
percentage and locations approved with the subdivision and short
subdivision.
D. Multifamily design review. The planning services division shall use
the multifamily design guidelines as an adopted element of the city's
regulation of land use, which is statutorily authorized, in the evaluation or
conditioning of applications under the multifamily design review process.
E. [Reserved].
54 Annual Docket Amendments -
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F. Mixed use design review. The planning services division shall use the
following criteria in the evaluation and/or conditioning of applications
under the mixed use design review process when a project includes
residential use:
1. The following criteria should apply to all mixed use with a
residential component development:
a. Some common recreation space roofs, terraces, indoor
rooms, courtyards.
b. Lighting features that are shielded, directing light
downwards.
C. The residential portion of the building should
incorporate residential details, such as window trim, trellises, balconies,
and bay windows.
d. The residential component should have an obvious,
generous entrance, within features suggesting a "front door" for example,
a lobby, trellis, gate, archway, or courtyard.
2. The following criteria shall apply to mixed use development:
a. If the residential component is located away from the
main street, a landscaped pedestrian path should be provided between the
entrance and public sidewalk.
b. Although the commercial and residential components
may have different architectural expressions, they should exhibit a number
of elements that produce the effect of an integrated development.
55 Annual Docket Amendments -
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i
C. Surface parking should be generously landscaped to
serve as an amenity. Lighting fixtures should not exceed the height of the
first floor.
3. The following criteria shall apply to mixed use buildings with a
residential component:
a. Parking lots, if used, should be divided into small
increments, separated by landscaping and structures, so that parking does
not dominate the site.
b. Articulated by use of different materials, generous
windows with low sill heights, "store" doors, canopies, and planters.
C. Residential floors should be expressed in an obvious
manner, with stepbacks, change in materials or color, and overhangs.
d. Commercial signs should be contained within the first
floor commercial base and not extend up into the residential floor facades.
G. Transit-oriented community design review. The planning services
division shall use the following criteria in the evaluation or conditioning of
applications under the transit-oriented community design review process:
1. The Midway Design Guidelines as an adopted element of the
city's regulation of land use, which is statutorily authorized, shall apply to
all development with a land use plan map designation of transit-oriented
community.
56 Annual Docket Amendments -
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2. Residential use design review. In addition to the Midway
Design Guidelines, the following design requirements apply to residential
uses and development:
a. Openings from the build-to line. When a residential unit
has direct access to the public domain, a 10-foot front yard shall be
provided. When residential units have access through a main location, such
as an atrium, courtyard, or other main entryway, said access shall be at
the build-to line.
b. Open space. Residential development shall provide not
less than 20 percent of the gross land area for common open space, which
shall be:
i. Designed to provide either passive or active
recreation;
ii. If under one ownership, owner shall be
responsible for maintenance;
iii. If held in common ownership by all owners of the
development by means of a homeowners' association, said association
shall be responsible for maintenance. If such open space is not maintained
in a reasonable manner, the city shall have the right to provide for the
maintenance thereof and bill the homeowners' association accordingly. If
unpaid, such bills shall be a lien against the homeowners' association; or
V. Dedicated for public use if accepted by the city
legislative authority or other appropriate public agency.
57 Annual Docket Amendments -
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C. Storage of recreational vehicles. The storage or parking
of recreational vehicles shall be prohibited.
H. Appeals. The decision of the planning director to condition or reject
any application under the administrative design review process is final
unless an appeal is made by the applicant or any party of record to the
hearing examiner within 14 calendar days of either the issuance of the
director's conditional approval under this section of any application, or the
director's written decision rejecting any application under this section. The
appeal shall be conducted by the hearing examiner as an open record
appeal hearing in accordance with the requirements of Chapters 2.32 and
12.01 KCC. The decision of the hearing examiner shall be final unless an
appeal is made to the superior court within 21 calendar days after the
hearing examiner's notice of decision.
SECTION 21. — Amendment. Section 15.08.050 of the Kent City
Code, entitled "Performance standards," is amended as follows:
Section 15.08.050 Performance standards.
A. Performance standards defined. Performance standards deal with
the operational aspects of land uses. While performance standards shall
apply to all land uses within the city, they are primarily concerned with the
impact of industrial development upon the environment. Continued
compliance with the performance standards shall be required of all uses,
except as otherwise provided for in this title. No land or building in any
district shall be used or occupied in any manner so as to create any
dangerous, injurious, noxious or otherwise objectionable condition. The
following elements, if created, may become dangerous, injurious, noxious
or otherwise objectionable under the circumstances, and are then referred
to as dangerous or objectionable elements:
58 Annual Docket Amendments -
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1. Noise, vibration or glare.
2. Smoke, dust, odor or other form of air pollution.
3. Heat, cold or dampness.
4. Hazardous substances and wastes.
B. Nonconforming uses. Uses established before the effective date of
this title and nonconforming as to performance standards shall be given
three (3) years in which to conform therewith.
C. Locations where determinations are to be made for enforcement of
performance standards. The determination of the existence of any
dangerous and objectionable elements shall be made at the location of the
use creating the dangerous or objectionable elements and at any points
where the existence of such elements may be more apparent (referred to
in the section as "at any point'); provided, however, that the
measurement of performance standards for noise, vibration, odors, glare
or hazardous substances or wastes shall be taken at the following points of
measurement:
1. In all districts: At the property lines or lot lines; or
2. In all districts: At the buffer zone setback line for any
hazardous substance land use facility, which must be at least fifty (50) feet
from any property line.
D. Restrictions on dangerous and objectionable elements.
59 Annual Docket Amendments -
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1. Vibration. No vibration shall be permitted which is discernible
without instruments at the points of measurement specified in this section.
2. Odors. No emission shall be permitted of odorous gases or
other odorous matter in such quantities so as to exceed the odor threshold
at the following points of measurement. The odor threshold shall be
defined as the concentration in the air of a gas or vapor which will just
evoke a response in the human olfactory system.
a. Industrial park district, M1. Odorous matter released
from any operation or activity shall not exceed the odor threshold beyond
lot lines.
b. Limited industrial district, M2. Odorous matter released
from any operation or activity shall not exceed the odor threshold beyond
lot lines.
C. General industrial district, M3. Odorous matter released
from any operation or activity shall not exceed the odor threshold beyond
the district boundary or five hundred (500) feet from the lot line,
whichever distance is shortest.
3. Glare. No direct or sky-reflected glare, whether from
floodlights or from high temperature processes such as combustion or
welding or otherwise, so as to be visible at the points of measurement
specified in subsection (C) of this section shall be permitted. This
restriction shall not apply to signs or floodlighting of buildings for
advertising or protection otherwise permitted by the provisions of this title.
4. Radioactivity or electrical disturbance. The regulations of the
federal occupational safety and health standards shall apply for all
60 Annual Docket Amendments -
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radioactivity and electrical disturbance unless local codes and ordinances
supersede this federal regulation.
5. Fire and explosion hazards. The relevant provisions of federal,
state and local laws and regulations shall apply.
6. Smoke, fly ash, dust, fumes, vapors, gases and other forms
of air pollution. The standards of the Puget Sound Air Pollution Control
Agency, Regulation I, or those regulations as may be subsequently
amended, shall apply.
7. Liquid or solid wastes. No discharge of any materials of such
nature or temperature as can contaminate any water supply, interfere with
bacterial processes in sewage treatment or otherwise cause the emission
of dangerous or offensive elements shall be permitted at any point into any
public sewer, private sewage disposal system or stream, or into the
ground, except in compliance with state and federal regulations and
Chapter 7.14 KCC.
8. Hazardous substances or wastes. No release of hazardous
substances or wastes as can contaminate any water supply, interfere with
bacterial processes in sewage treatment, or otherwise cause the emission
of dangerous or offensive elements shall be permitted at any point into any
public sewer, private sewage disposal system, watercourse or water body,
or the ground, except in compliance with state and federal regulations and
Chapter 7.14 KCC. The relevant provisions of federal, states, and local
laws and regulations shall apply, and compliance shall be certified by
applicants for permits under this title. The following site development
standards shall apply:
61 Annual Docket Amendments -
Re: Development Regulations
a. Hazardous waste facilities shall meet the location
standards for siting dangerous waste management facilities adopted
pursuant to Chapter 70.105 RCW;
b. Hazardous substance land use facilities shall be located at
least:
i. Two hundred (200) feet from unstable , eds or
slopes
areas�,/ nw 'r^�4r,ca-r�mrrr"cvc s
III,MJ U YA.]. IIMA 'y"t 'ttY4I'F't.� 1.41aeYy' `,.tom.rP niii eY""'!'4r I - AI-
em the ordinary high ate
'}L' AIIAY'feR"'streams VT—fRSdS4.'S I'94lT�9r
!hazard area evelopment limitations-map—eras—may—be-fnere-pfeelse+y
det+efm4ned-der KGG 115�08m224X44 erosion, landslide or seismic hazard)
areas or the ordinary high water mark of streams, as defined in Kent City
Code 11.06.200, lakes, shorelines of statewide significance, or shorelines
of the state;
iii. One-quarter (1/4) mile from public parks, public
recreation areas, or natural preserves, or state or federal wildlife refuges;
provided, that for purposes of this section public recreation areas do not
include public trails;
iv. Fifty (50) feet from any property line to serve as an
onsite hazardous substance land use facility buffer zone;
V. Five hundred (500) feet and one hundred (100)
feet from a residential zone and a residential unit, respectively; and
62 Annual Docket Amendments -
Re: Development Regulations
vi. Five hundred (500) feet from a public gathering
place or agricultural land or zone, in the case of a nonagricultural
hazardous substance land use facility;
C. Hazardous substance land use facilities shall not be
located in a one hundred (100) year floodplain;
d. Hazardous substance land use facilities which are not
entirely enclosed within a building shall provide a type I solid screen
landscaping of a width of at least ten (10) feet in the hazardous substance
facility buffer zone required by subsection (D)(8)(b)(iv) of this section;
e. Above ground hazardous substance land use facilities
shall be constructed with containment controls which will prevent the
escape of hazardous substances or wastes in the event of an accidental
release from the facility, and shall meet federal, state, and local design
and construction requirements;
f. Underground hazardous substance land use facilities
shall meet federal, state, and local design and construction requirements;
g. Hazardous substance land uses shall comply with
adopted fire codes;
h. Hazardous substance land uses shall provide for review
and approval by the city fire department of a hazardous substance spill
contingency plan for immediate implementation in the event of a release of
hazardous substances or wastes at the facility;
i. Hazardous substance land uses should use traffic
routes which do not go through residential zones;
63 Annual Docket Amendments -
Re: Development Regulations
j. Hazardous substance land uses in the 0, NCC, CC, and
DC zones shall be entirely enclosed within a building; and
k. Without limiting the application of the adopted fire
codes to diesel fuel tanks, above and below ground diesel fuel storage
tanks exclusively intended for use on stationary, onsite, oil burning
equipment (such as electrical power generator systems) in all
nonresidential zoning districts shall be exempt from the hazardous
substance regulations of this section, and above and below ground diesel
fuel tanks of up to six thousand (6,000) gallons intended exclusively for
use on stationary, onsite, oil burning equipment (such as electrical power
generator systems) in residential zones shall be exempt from the
hazardous substance regulations of this section for essential governmental
facilities only. The hazardous substance zoning code regulations, including
the existing five hundred (500) gallon limit for hazardous substances for
residential uses, shall otherwise remain in force and effect. Additionally, all
above ground diesel fuel tanks over five hundred (500) gallons exempted
by this subsection are required to have a five (5) foot minimum landscape
buffer surrounding the tank to buffer the visual impacts of these tanks.
Moreover, the planning director shall have the discretion to increase or
modify this landscape buffer requirement depending upon the specific
circumstances posed by any particular tank location.
In case of conflict between any of these site development standards and
the development standards of specific zoning districts or other
requirements of this title, the more restrictive requirement shall apply.
SECTION 22. — Severability. If any one or more section,
subsection, or sentence of this ordinance is held to be unconstitutional or
64 Annual Docket Amendments -
Re: Development Regulations
invalid, such decision shall not affect the validity of the remaining portion
of this ordinance and the same shall remain in full force and effect.
SECTION 23. — Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 24. — Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
SUZ CO,O E, MAYOR Date Appro ed
A'9 TEST:
r 1 G r - 17
KIMBERLEY I.
KOMOTO, CITY CLERK Date Adopted
f f
Date Publi§he
APPROVED AS TO FORM;
TO BRUBAKER, CITY ATTORNEY
P.\Civil\Ordinance\Annual Docket Amend ments_E CDC.docx
65 Annual Docket Amendments -
Re: Development Regulations
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