HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 10/26/1998 CITY OF
Jim White, Mayor
Planning Department (253)859-3390/FAX(253) 850-2544
James P.Harris,Planning Director
CITY OF KENT
PLANNING DEPARTMENT
(206) 859-3390
MEMORANDUM
OCTOBER 26, 1998
MEMO TO: BRAD BELL, CHAIR, AND MEMBERS OF THE LAND USE AND
PLANNING BOARD
FROM: KEVIN O'NEILL, SENIOR PLANNER
SUBJECT: #CPA-98-3/#ZCA-98-5 COMPREHENSIVE PLAN AND ZONING
CODE AMENDMENTS RELATING TO MIXED USE
DEVELOPMENT
INTRODUCTION
The 1995 Kent Comprehensive Plan designates certain areas in the city for mixed use
development, meaning development which would combine residential and commercial uses.
The Land Use Plan Map (which is attached) in the comprehensive plan designates specific areas
on West Meeker Street, North Central Avenue, and 104th Avenue SE as mixed use. The plan
also contains several goals and policies which support mixed use development. In order to
implement these policies, in 1996 the Planning Department, with assistance from a consultant,
developed recommendations for amendments to the zoning code for the General Commercial
(GC), Community Commercial (CC), and Office (0) zoning districts. Staff also recommended
that these be implemented through the establishment of a mixed use overlay in these three zoning
districts. These proposed the Land Use and Planning Board considered amendments in several
workshops, then in public hearing held in October and November of 1996. The Board's
recommendation was then considered by the City Council Planning Committee and then the full
Council in early 1997. On May 7, 1997, the Council adopted Ordinances No. 3345 and 3346,
which amended the permitted uses and development standards in the GC, CC, and O zones, and
established a mixed use overlay.
The comprehensive plan makes a distinction between the mixed use areas located in the valley
(along West Meeker and North Central Avenue) and the mixed use area on East Hill (along
• 104th Avenue SE). The plan states that in the mixed use areas in the valley, multi-family
residential uses be permitted, while on East Hill, residential uses be allowed only in conjunction
220 4th AVENUE SOUTH i KENT.WASHINGTON 9SU32-5895/TELEPHONE (253)359-3300
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Subject: #CPA-98-3/#ZCA-98-5 Mixed Use Amendments
October 26, 1998
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with a mixed use development. Therefore, the proposed amendments and the subsequent
ordinances distinguished between the mixed use areas in the valley, which are zoned
predominantly GC, with the mixed use areas on east hill, which are predominantly zoned CC or
O. In the GC zone, multi-family residential uses are allowed as a principally permitted use in the
mixed use overlay; in the CC and O zones, multi-family residential is only allowed in
conjunction with a mixed use development. The adopted code amendments specified that in the
CC and O zones that at least 25 percent of the gross floor area of a mixed use development with
residential uses must be commercial.
The Planning Department and the Land Use and Planning Board have been asked by the Mayor
and City Council to consider amendments to the mixed use zoning code amendments with regard
to multi-family residential development in the GC zoning district. This issue was discussed at
workshops with the Board on August 10 and September 28. As was discussed at the September
28 workshop, in order to amend the zoning code provisions, the comprehensive plan must also
be amended, since the Growth Management Act requires that zoning regulations be consistent
with and implement comprehensive plan policies. On September 1, 1998, the City Council
adopted Resolution No. 1513 (attached) declaring an emergency in order for the Land Use and
Planning Board to concurrently consider amendments to the comprehensive plan and zoning
• code regarding mixed use development in the GC zone.
At the September 28 workshop, the Land Use Board voted to hold a public hearing to consider
plan and zoning amendments for mixed use development on October 26. This memorandum will
outline the history of the existing goals and policies in the comprehensive plan and the adopted
zoning amendments with regard to mixed use development. The memo will also propose
potential amendments to both the zoning code and comprehensive plan with regard to multi-
family residential development in the mixed use overlay.in the GC zoning district. These issues
will be presented and discussed for the Board's consideration at the October 26 public hearing.
COMPREHENSIVE PLAN POLICIES
As stated, the Land Use Plan Map designates the areas outlined on the attached maps for mixed
use development. There are also several policies in the Land Use Element which support mixed
use development, and the establishment of mixed use activity centers. Among these goals and
policies are the ones outlined below.
Goal LU-6 -Designate activity centers in portions of the city and in the annexation area. Allow
in these areas a mix of retail, office, and residential development.
Policy LU-6.1 - Locate activity centers in areas which currently contain
concentrations of commercial development with surrounding medium-density
is housing. Intensify these areas to support transit and to curtail additional
sprawling development patterns.
Subject: #CPA-98-3/#ZCA-98-5 Mixed Use Amendments
October 26, 1998
Page 3
Policy LU-6.2 - Allow residential uses in activity centers. Develop residential
uses as part of a commercial area in a mixed use development or on a stand-
alone basis in designated areas. (emphasis added)
The decision to allow for mixed use development in the comprehensive plan was driven by
several factors. In the public participation process used during the formation of the plan, citizens
at community forums expressed support for the concept of mixed use development.
Furthermore, when the Environmental Impact Statement (EIS) for the plan was done, citizens
were asked to evaluate three land use alternatives: continuation of the existing plan, a plan
which focussed a large percentage of future growth in the downtown area, and a plan which
focussed new growth in several mixed use centers, including the downtown and the areas shown
on the attached map. The mixed use plan alternative was strongly favored over the other two.
Mixed use development locates residential and commercial uses in closer proximity to one
another, therefore creating more vibrant areas and promoting transit.
In addition, one of the biggest challenges that the City faced during the comprehensive planning
process was finding ways to accommodate its projected housing target. Many of the
residentially-zoned areas within the city are already developed, and there was a real resistance on
. the part of the community and the City Council to create more housing opportunities by zoning
single-family areas to multi-family, which is how growth was accommodated in the 1980's in
Kent. Therefore, the plan outlines several strategies for accommodating more housing without
significantly changing the zoning in single-family areas. Mixed use development is one of these
strategies, along with allowing smaller single-family lot sizes, more flexible development
standards for single-family development, and accessory dwelling units. (A report regarding
housing supply issues in King County as a whole is attached for your review.)
On the land use plan map, there is a distinction between mixed use areas in the valley and on
East Hill. The distinction between the two is described in the Land Use Element of the plan on
page 4-28: "There are two mixed use designations: one allows multifamily residential as a
permitted use, along with retail and office uses; the other allows multifamily residential uses
only if they are part of a mixed use development." The amendments to the zoning code for
mixed use adopted in 1997 were done in order to be consistent with these plan policies. If the
Land Use and Planning Board elects to require that residential development in the mixed use
areas in the valley be combined with commercial uses, the land use plan map and above-
referenced policies need to be amended to reflect this policy change.
MIXED USE ZONING PROVISIONS
As stated previously, the process to implement the applicable goals and policies of the
comprehensive plan for mixed use development began in 1996. With the help of an urban
design/architecture consultant, Mark Hinshaw, staff developed several alternative ways to
implement changes to the zoning map and zoning code, including changing the permitted uses
. Subject: 9CPA-98-3/#ZCA-98-5 Mixed Use Amendments
October 26, 1998
Page 4
for the GC, CC, and O zones outright, rezoning the mixed use areas to a new zoning district, or
creating a mixed use overlay, whereby code amendments would be targeted to specific areas.
As stated, the ordinances adopted by the City Council established a mixed use overlay within
portions of the GC, CC, and O zoning districts. Within the overlay, residential uses may be
developed on a stand-alone basis in the valley, which is generally zoned GC, and in a mixed use
development on East Hill, which is zoned CC or O. As amended by Ordinance No. 3345, mixed
use development is defined as follows: "Mixed use development shall mean two (2) or more
permitted uses or conditional uses developed in conjunction with one another on the same site.
Provided that the aforementioned requirements are met, a mixed use development may include
two (2) or more separate buildings. Provided further that at least twenty-five (25) percent of the
gross floor area, as defined in Kent City Code 15.02.170 be a permitted commercial use. The
residential component of any mixed use development cannot be permitted or occupied prior to
the permitting and/or occupancy of the commercial component." (Section 15.02.260, Kent
Zoning Code)
In addition to establishing an overlay and amending permitted uses, Ordinance #3345 also
amended development standards within the overlay, and requires design review for projects with
• a residential component. The amended development standards within the GC mixed use overlay
area are identical to the development standards for the CC and O mixed use overlays, with the
exception of site coverage and off-street parking (see attached mixed use overlay development
standards in Section 15.04.200). Generally, the amended development standards were intended
to provide common ways to regulate both commercial and residential development through the
concept of floor area ratio, and to provide incentives to undertake mixed use development.
As stated, the differences in the mixed use overlay between the GC zone in the valley and the CC
and O zones on East Hill were based on the distinctions made in the comprehensive plan. If the
Land Use and Planning Board seeks to require that any residential development in the mixed use
areas be combined with commercial use, then it would be appropriate to amend the provisions of
the GC zone so they are similar to the CC and O zones. This would be applicable to both
permitted uses and development standards.
ANALYSIS
During the discussions of the mixed use zoning amendments, there was a discussion about
"horizontal" mixed use and "vertical" mixed use. Horizontal mixed use refers to mixed uses
within the same building (such as commercial use on the ground floor with residential
development above), while vertical mixed use refers to a mix of uses located side by side, as
opposed to in the same building. The adopted zoning allowed residential uses in either
configuration, with the proviso that in the mixed use overlay on East Hill, residential uses had to
be combined with commercial uses in the same development. The rationale for allowing stand-
alone residential uses in the valley was to promote the concept of vertical mixed uses (allow
Subject: #CPA-98-3/#ZCA-98-5 Mixed Use Amendments
October 26, 1998
Page 5
housing in areas with commercial uses) and given the area's proximity to downtown. However,
if the ultimate goal of mixed use development is to combine commercial and residential uses,
then it is reasonable to require that each mixed use development on its own provide a
combination of uses, whether thoseuses be combined in a single building or in several different
buildings on the same site. In addition, if permitted uses are to be standardized in the GC, CC,
and 0 mixed use areas, then development standards should also be standardized to be consistent
throughout the three zoning districts.
It is also important to note that requiring residential development in mixed use areas to be
combined with commercial development does not eliminate the ability to construct residential
development. In fact, the development standards in the mixed use overlay still reward mixed use
projects, and residential projects in particular. Therefore, the overall comprehensive plan goal of
providing adequate capacity to meet housing supply needs, which was discussed earlier, can still
be met under the amended proposal.
STAFF RECOMMENDATION
In order to require that residential development within the_,mixed use overlay be done only in
• conjunction with commercial uses, thus mandating that each development is of a mixed use
nature, the staffrecommends the following comprehensive plan and zoning amendments.
Comprehensive Plan Amendments
1. Amend the land use plan map in the Land Use Element to designate the areas in the valley
adjacent to downtown from "Mixed Use" to "Mixed Use — Limited Multi-family", as shown
on the map attached as Attachment B.
2. Amend the description of the mixed use designation on Page 4-28 of the Land Use Element
as follows: "The mixed use designation allows retail, office, and multifamily residential uses
together in the same area.
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use designation allows multifamily residential uses only if they are part of a mixed use
development."
3. Amend Policy LU-6.2 of the Land Use Element to read as follows: "Allow residential uses
in activity centers. Develop residential uses as part of a commercial area in a mixed use
development or on a stamd alone basis in designated area6.
•
i
Subject: #CPA-98-3/#ZCA-98-5 Mixed Use Amendments
October 26, 1998
Page 6
Zoning Code Amendments
1. Amend the list of permitted uses in the General Commercial zone outlined in Section
15.04.020 and Section 15.04.030 (attached) to allow multi-family residential uses in the
mixed use overlay only when constructed in conjunction with a mixed use development.
2. Amend the mixed use overlay development standards in the GC-MU zone outlined in Section
15.04.200 to be consistent with the development standards for the CC-MU and O-MU zoning
districts.
As noted earlier, mixed use development is defined as requiring at least 25 percent of the gross
floor area of a mixed use development to be commercial use, and also requires that the
commercial component of a project be approved prior to the approval of the residential
component.
CONCLUSION
Staff will be presenting the items outlined in this memo at the October 26 meeting of the Land
Use and Planning Board, and will be available to answer questions. If you have any questions
prior to the meeting, please contact me at 850-4799.
KON:pm MUAMLUPfLDOC
cc: James P.Harris,Planning Director
Fred Satterstrom,Planning Manager
Attachments: Land Use Plan Map
Resolution No. 1513
Sections 15.04.020 and 15.04.030 of the zoning code(permitted uses)
Section 15.04.200 of the zoning code(mixed use overlay)
King County's Housing Supply Crisis—The Effects on Human Services