HomeMy WebLinkAboutCity Council Committees - Economic and Community Development - 12/12/2011 (3) • Economic & Community Development
�- KENT Wns HINQTQN Committee Agenda
Councilmembers: Elizabeth Albertson . Deborah Ranniger . Jamie Perry, Chair
AGENDA
Monday, December 12, 2011
5:30 p.m.
Item Description Action Speaker(s) Time Page
1. Approval of the November 14, 2011 Minutes YES Jamie Perry 5 min 1
2. Public Hearing: YES David Galazin 20 min 5
Medical Cannabis Moratorium
6-Month Extension
3. Medical Cannabis Collective Gardens YES Katie Graves 10 min 17
Zoning Regulations Ordinance David Galazin
4. Kent City Code 12.04 Code Amendments YES Katie Graves 10 min 37
Ordinance [ZCA-2011-3]
5. Communities Putting Prevention to Work NO Charlene Anderson 5 min 73
Healthy Food Systems
Informational Only
6. Economic Development Report NO Ben Wolters 10 min 8
Informational Only
Unless otherwise noted, the Planning and Economic Development Committee meets the
2nd Monday of each month at 5:30 p.m. in Council Chambers East, Kent City Hall,
220 4th Avenue South, Kent, 98032-5895.
For information on the above item(s), the City of Kent's Website can be accessed at
http://kentwa.igm2.com/citizens/Default.aspx?DepartmentID=1025 on Thursday, December 8,
2011 or contact Julie Pulliam, Pam Mottram or the respective project planner in the Planning
Division at (253) 856-5454 or as indicated on the agenda.
Any person requiring a disability accommodation should contact the City Clerk's Office at(253) 856-5725 in advance.
ForTDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
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KENT
ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES
NOVEMBER 14, 2011
Committee Members Committee Chair Jamie Perry, Elizabeth Albertson, with Deborah
Ranniger (Absent). Perry called the meeting to order at 5:40 p.m.
1. Approval of Minutes
Councilmember Albertson Moved and Councilmember Perry Seconded a Motion to
approve the October 10, 2011 Minutes. Motion PASSED 2-0 with Ranniger's
concurrence.
2. Kent Downtown Partnership (KDP) Report January 2010-June 2011
KDP Executive Director Barbara Smith stated that the KDP's focus is on the historical district
within the downtown core bounded by Washington, Central, James and Willis.
Smith stated that KDP helps to recruit new businesses and provide existing businesses with
educational tools to help them succeed. She stated that KDP is part of the Main Street
Program, an organization developed to assist downtowns dying as a result of losing anchor
stores. She stated that people can participate in the Main Street Program through the Business
& Occupation Tax Incentive Program (BOTIP). KDP is redesigning their logo, developing an
emergency disaster program and updating their website.
Smith stated that in 2010 Kent had 331 buildings. 47 new businesses started and 16
businesses were lost. In 2010 public investment totaled $1,450,000 and private investment
totaled $6,901,000.
Informational Only
3. Resolution 1757 Revising the Name of the South Kent Community
Neighborhood Council to Kent SODO Neighborhood Council.
Neighborhoods Program Coordinator Toni Azzola introduced the new Neighborhood Council
President Lauren Stephan. Stephan stated that she headed up an effort to revitalize her
neighborhood which included having litter cleared from the streets and alleyways, and
contacting the City's Parking Enforcement to discourage residents from using the street to
park their cars. The revitalization effort included changing the community's name to Kent
SODO which better reflects its location south of downtown.
Councilmember Albertson Moved and Councilmember Perry Seconded a Motion to
recommend Council adopt a resolution amending Resolution No. 1757, renaming the
"South Kent Community Neighborhood Council" to "Kent SODO Neighborhood
Council". Motion PASSED 2-0.
4. Medical Mariivana Collective Gardens Zoning Regulations rZCA-2011-21
Follow-up from the October 10, 2011 Public Hearing.
Planning Director Fred Satterstrom submitted an amended motion to the Committee that adds
the language; "directs the City Attorney to prepare the necessary ordinance". Satterstrom
asked the Committee to consider options for a collective garden definition, zoning district
alternatives, and separation requirement options.
Councilmembers Perry and Albertson voiced support for Option A, adopting the RCW's
'collective garden' definition. Albertson asked that the ordinance include language that states
the City would follow whatever the current State RCW is. City Attorney Tom Brubaker stated
that the City may not have the legal authority to include language stipulating if state law
changes that the City's definitions follow whatever the state says. Brubaker said he would look
into the legal affects.
Councilmember Albertson Moved and Councilmember Perry Seconded a Motion to
recommend adoption of the medical cannabis collective garden definition Option A,
recommend adoption of zoning districts as amended Option C adding zoning districts
ECDC Minutes
November 14,2011
Page 1 of
GC and GCMU and excluding NCC, DC and DCE districts, and recommend adoption of 2
separation requirements Option B to the City Council and direct the City Attorney to
prepare the necessary ordinance. Motion Passed 2-0.
Satterstrom stated that this ordinance would be presented to the committee at their
December 121h meeting, then brought forward to City Council at their December 131h meeting.
Brubaker indicated that the 6 month moratorium ordinance expires January 51h. If the medical
cannabis ordinance passes on December 131h, it goes into effect January 131h leaving an 8 day
gap. Brubaker stated in response to Albertson that Council could vote to lift the moratorium at
any time and indicated that he would discuss the appropriateness of holding a hearing to
extend the moratorium until the effective date of the medical cannabis ordinance considered
at a hearing before the ECDC at their December 121h meeting.
S. Midway Subarea Plan, Zoning Regulations, and Design Guidelines
Long Range Planner Gloria Gould-Wessen stated that the Land Use and Planning Board (LUPB)
recommends adoption of the Midway Subarea Plan, Design Guidelines, development
regulations and the zoning and land use maps. The Planned Action Ordinance is not part of
this package and will be discussed later. Adoption of these products will take the vision of
Midway forward, provide certainty for property owners and developers, and strengthen the
City's position as Sound Transit conducts an environmental analysis for link light rail and
station location in the vicinity of Highline Community College (HCC).
Gould-Wessen stated that the Midway Subarea Plan (the Plan) and all implementing
regulations support light rail. Support for high capacity transit is there by adding density and
expanding types of allowed uses within the area designated transit-oriented community.
Office, commercial and residential uses are allowed to stand alone and can be mixed within
the same structure which provides flexibility for developers to respond to market needs.
Gould-Wessen stated that building height maximums are 55 to 200 feet. Regulations and
design guidelines of the built environment are written to ensure an engaging, attractive, safe
and convenient urban community with short walkable blocks or pedestrian passageways for
connectivity between uses. The Plan promotes construction of a regional storm detention
system that doubles as a park to encourage development and provide public amenities.
Outside the Transit-Oriented Community Designation (TOC), the allowable regional
commercial uses expand to include light industrial business parks and live/work units.
Gould-Wessen stated that a variety of questions and concerns were raised at the
October 20, 2010 Council workshop centering around the status of light rail into Midway, the
impacts rezoning would have on property taxes, and the timing for moving forward on the
Plan and development regulations.
Gould-Wessen introduced Rachel Smith, Sound Transit's Government and Community
Relations staff person who reported on Sound Transit's background and the impacts that the
recession has had on Sound Transit and the progression of link light rail into the Midway south
corridor area citing a 32 percent revenue shortfall in the South King County subarea.
Smith introduced Eric Chipps, Planning Manager and Cathal Ridge, the High Capacity Transit
South Corridor Project Manager who reported on the scope and timelines for the extension
project from South 2001h Street Station in Sea Tac down to Kent Des Moines.
Smith stated that light rail will extend from the airport station to South 2001h Street in SeaTac
by 2016 and will provide for 2000 jobs in South King County. Sound Transit has applied for a
grant to receive 24 million dollars to bring into the South King County subarea because of this
project. Sound Transit will build light rail to the Kent Des Moines HCC area by 2023 but will be
unable to deliver light rail to the South 272"' area by 2023.
Gould-Wessen submitted a letter for the record, defined as Exhibit 13, from the King County
Assessor's office issued in response to concerns over property tax increases as a result of
rezoning. Gould-Wessen submitted a letter for the record, defined as Exhibit 14, from Highline
School District asking that Kent collect school impact fees to mitigate accommodating future
growth in Midway. Councilmember Albertson accepted Exhibits 1 and 2 for the record.
ECDC Minutes
November 14,2011
Page 2 of
Satterstrom stated that public comment alleged that adoption of the Plan would drive property 3
values and subsequently property taxes due to the increase in value. Satterstrom stated that
comments made in the letter from the Assessor's Office refutes that opinion.
Satterstrom concluded that the increase in land value and taxes is going to be whether or not
there is development under the new zoning that will drive the increase in land values not
necessarily the mere act of zoning itself.
Gould-Wessen spoke about the importance of having the Plan, Design Guidelines and
Development Regulations in place so that Kent is ready to affect the station location and rail
alignment, apply for grants to move forward with infrastructure development, and be able to
compete within the current aggressive economic climate.
Gould-Wessen recognized stakeholders who worked on this project thanking them for their
involvement.
Councilmember Albertson Moved and Councilmember Perry Seconded a Motion to
recommend to the full Council adoption of ordinances regarding the Midway Subarea
Plan and Comprehensive Plan amendment; the Midway Design Guidelines and Zoning
Code Amendment; amendments to Kent City Code; the Land Use Plan Map and
Comprehensive Plan Amendments; and amendments to the Zoning Districts Map as
recommended by the Land Use and Planning Board. Motion PASSED 2-0.
6. Economic Development Report
Economic Development Director Ben Wolters reported on the meeting held with 35 key
businesses and community leaders in an effort to help identify key strategies for incorporation
into Kent's Economic Development Strategic Plan.
Wolters reported that wholesale distribution businesses; Lenox Industries has located in Kent
into a 5600 sq ft space, and Cameo Logistics has relocated from Renton to 9100 sq ft in Kent
expanding into a 240,000 sq ft. space. With the economy recovering, vacancy rates are
decreasing, building the values of those properties and getting the investment community
moving again which in the long term could create revenue from the City's real estate excise
tax to funnel into the City's capital funds.
Wolters stated that the City is working with Stan Tech a large engineering consulting firm out
of Canada with local offices in Kirkland to apply for two $200,000 EPA ground field community
assessment grants that would help Kent identify contaminant sites within the city targeting
areas in West Hill, Downtown, the Industrial Valley and East Hill of. Kent has good opportunity
to secure the grants. Staff will report back to the Committee on the status.
Informational Only
Adiournment
Committee Chair Perry adjourned the meeting at 7:00 p.m.
Pamela Mottram, Secretary
Economic & Community Development Committee
ECDC Minutes
November 14,2011
Page 3 of
4
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5
AGENDA ITEM #2
PUBLIC HEARING
MEDICAL CANNABIS
6-MONTH MORATORIUM RENEWAL
6
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7
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, declaring an emergency
and renewing for an additional six-month period a
moratorium within the city of Kent on the
establishment, location, operation, licensing,
maintenance or continuation of medical marijuana
collective gardens or dispensaries, asserted to be
authorized or actually authorized under E2SSB
5073, Chapter 181, Laws of 2011, Chapter 69.51A
Revised Code of Washington, or any other laws of
the state of Washington, establishing a date for a
public hearing on the moratorium, and providing
that the moratorium will take effect immediately
upon passage.
RECITALS and PRELIMINARY FINDINGS
A. The possession or distribution of marijuana has been and
continues to be a violation of state law pursuant to Chapter 69.50 Revised
Code of Washington (Washington's Uniform Controlled Substances Act),
and federal law, through the Controlled Substances Act ("CSA").
B. Initiative Measure No. 692, approved by the voters of
Washington State on November 30, 1998, and now codified as Chapter
69.51A RCW, created a limited defense to marijuana charges under state,
not federal, law if the person charged could demonstrate that he or she
1 Emergency Six-Month Moratorium Renewal
Medical Marijuana
8
was a qualifying patient or designated provider as those terms are defined
in Ch. 69.51A RCW. In 2007, the state legislature amended the law, and
again in 2011, the state legislature passed a third amendment to the law,
E2SSB 5073, Chapter 181, Laws of 2011, portions of which the Governor
vetoed. The newly amended law took effect on July 22, 2011.
C. The U.S. Department of Justice continues to view all activity
involving the use of marijuana, whether for medical purposes or not, as
potentially in violation of the CSA, given that marijuana continues to be a
Schedule I controlled substance under federal law. Washington's two top
U.S. Attorneys, Mike Ormsby and Jenny Durkin, have both carried out
raids and other enforcement actions in the past six months against
operations that purport to conduct their activities under the guise of state
and local permission.
D. Because the Governor vetoed 36 of the 58 sections of the
legislature's bill amending Chapter 69.51A RCW, the law, in its final form,
understandably has inconsistencies and ambiguities. For example, certain
sections that were not vetoed make reference to other sections that were
vetoed.
E. Further, as these legislative amendments developed, Kent
saw the establishment of medical marijuana "dispensaries" within city
limits. These dispensaries offer marijuana and marijuana products to
numerous persons, asserting that they are operating as designated
providers within the meaning of Chapter 69.51A RCW as it currently exists.
These businesses are variously referred to as dispensaries, cooperatives,
patient cooperatives, or patient networks, both for profit and not for profit.
2 Emergency Six-Month Moratorium Renewal
Medical Marijuana
9
These businesses are illegal under both state and federal law, and the city
has provided notice to these businesses that they are to cease illegal
activity.
F. Persons or entities operating these purported medical
marijuana dispensaries interpreted the current law to allow storefront
operation of distribution centers for medical marijuana. Many of these
dispensaries obtained business licenses to operate their businesses using
false, misleading, or vague statements. The city continues to receive
requests and inquiries from persons interested in operating additional
dispensaries in Kent.
G. The recent amendments to Chapter 69.51A RCW change the
scope and effect of the law. New sections affect the rights of qualifying
patients and their designated providers. The law now allows "collective
gardens" that provide for growing and cultivating up to 45 plants to serve
no more than 10 qualifying patients. The law also provides other changes
to the rights and responsibilities of medical marijuana patients and their
designated providers.
H. RCW Section 69.51A.140 delegates to cities the authority to
implement zoning requirements, business licensing requirements, health
and safety requirements, and business taxes as those requirements and
taxes relate to the production, processing, or dispensing of medical
marijuana. In particular, local regulations could address ambiguities
concerning the location and operation of collective gardens.
I. As other jurisdictions begin to grapple with the imposition of
permanent land use controls related to medical marijuana uses, legal
pushback from both the federal government and from medical marijuana
proponents averse to local regulation have highlighted the potential conflict
3 Emergency Six-Month Moratorium Renewal
Medical Marijuana
10
between local regulatory schemes and the federal CSA, particularly where
local regulations amount to "positive conflict" with provisions of the CSA.
This is an area of the law that is still evolving.
J. The city council passed Ordinance No. 3999, on July 5, 2011,
establishing a six-month moratorium within the City of Kent on the
establishment, location, operation, licensing, maintenance or continuation
of medical marijuana collective gardens or dispensaries, which ordinance
was published on July 8, 2011. The city council requires more time to
conduct appropriate research to understand the extent of the changes
provided in the new law, to analyze impacts and potential liabilities under
federal law, to monitor ongoing litigation and state and local governmental
responses, and to determine an appropriate regulatory framework for any
new uses that are allowed under these laws. The city must ensure that
proposed locations for these operations are appropriate and that any
potential secondary impacts arising from the operation of these uses or
facilities are minimized and mitigated. These secondary impacts may
include, but are not limited to, burglaries associated with the cash and
marijuana maintained on the site, or an increase of other illegal activities,
such as drug use, within the vicinity of these dispensaries. In particular,
and without limitation, staff should analyze the impacts of allowing these
uses and facilities in residential zones as well as impacts arising from the
proximity of these uses and facilities to schools, daycares, parks, religious
and cultural facilities, jails and courthouses. Accordingly, the city council
finds that the existing zoning, licensing, and permitting moratorium should
be renewed for another six-month period, pending local review of
appropriate locations and design requirements of these operations, and
monitoring of ongoing impacts of the newly amended law and its
interaction with federal law.
4 Emergency Six-Month Moratorium Renewal
Medical Marijuana
11
K. Although the city council determines that renewing the
moratorium is necessary for the reasons established above, the city council
emphasizes that it understands the needs of persons suffering from
debilitating or terminal conditions, as well as the benefits that approved
medical use of marijuana may provide these persons. Nevertheless, given
the complex legal and regulatory framework surrounding this issue, a
moratorium remains necessary until the city council can adequately
address the competing interests at play.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1, — Preliminary Findings. The recitals and findings set
forth above are hereby adopted as the city council's preliminary findings in
support of the moratorium imposed by this ordinance. The city council
may, in its discretion, adopt additional findings at the conclusion of the
public hearing referenced in Section 5 below.
SECTION 2, — Moratorium Renewed. Pursuant to the provisions of
Article 11, Section 11 of the Washington State Constitution, RCW
35A.63.220, and RCW 36.70A.390, the existing moratorium is hereby
renewed for one six-month period, prohibiting within the city of Kent the
establishment, location, operation, licensing, maintenance, or continuation
of any medical marijuana collective garden or any medical marijuana
dispensary, whether for profit or not for profit, asserted to be authorized or
actually authorized under E2SSB 5073, Chapter 181, Laws of 2011,
Chapter 69.51A RCW, or any other laws of the state of Washington. No
building permit, occupancy permit, or other development permit or
approval shall be issued for any of the purposes or activities listed above,
5 Emergency Six-Month Moratorium Renewal
Medical Marijuana
12
and no business license shall be granted or accepted while this moratorium
is in effect. Any land use permits, business licenses or other permits for
any of these operations that are issued as a result of error or by use of
vague or deceptive descriptions during the moratorium are null and void,
and without legal force or effect.
As used in this ordinance, the following terms have the meanings set forth
below:
A. "Medical marijuana dispensary" means any business, agency,
organization, cooperative, network, consultation operation, or other group,
or person, no matter how described or defined, including its associated
premises and equipment, which has for its purpose or which is used to
grow, select, measure, package, label, deliver, sell, or otherwise transfer
(for consideration or otherwise) marijuana for medical use. A person who
is the designated provider for only one qualified patient during any 15 day
period and who complies with Chapter 69.51A RCW, shall not be deemed a
medical marijuana dispensary for the purposes of this moratorium.
B. "Medical marijuana collective garden" means a group of
qualifying patients that share responsibility for acquiring and supplying the
resources required to produce and process marijuana for medical use.
Examples of collective garden resources would include, without limitation,
the following: property used for a collective garden; or equipment,
supplies, and labor necessary to plant, grow and harvest marijuana;
marijuana plants, seeds, and cuttings; and equipment, supplies, and labor
necessary for proper construction, plumbing, wiring, and ventilation of a
garden of marijuana plants. A medical marijuana collective garden shall
satisfy the above definition regardless of its formation, ownership,
management, or operation as a business, agency, organization,
cooperative, network, consultation operation, group, or person. A person
6 Emergency Six-Month Moratorium Renewal
Medical Marijuana
13
who is the designated provider for only one qualified patient during any 15
day period and who complies with Chapter 69.51A RCW or a person who is
a qualified patient and who complies with 69.51A RCW, shall not be
deemed a medical marijuana collective garden for the purposes of this
moratorium.
SECTION 3, — No Nonconforming Uses. No use that constitutes or
purports to be a medical marijuana dispensary or medical marijuana
collective garden as those terms are defined in this ordinance, that was
engaged in that activity prior to the enactment of this ordinance shall be
deemed to have been a legally established use under the provisions of the
Kent City Code and that use shall not be entitled to claim legal
nonconforming status.
SECTION 4, — Effective Period for Moratorium Renewal. The
moratorium renewal set forth in this ordinance shall be in effect for a
period of six months from the date the moratorium established by
Ordinance No. 3999 was initially set to expire, and shall automatically
expire at the conclusion of that subsequent six-month period unless the
same is extended as provided in RCW 35A.63.220 and RCW 36.70A.390,
or unless terminated sooner by the city council.
SECTION 5, — Public Hearing. Pursuant to RCW 35A.63.220 and
RCW 36.70A.390, the city council held a public hearing, at the city council
economic and community development committee's regular meeting, at
5:30 p.m. in Council Chambers, Kent City Hall, on Monday, December 12,
2011, or as soon thereafter as the business of the city council permitted, in
order to take public testimony and to consider adopting further findings.
SECTION 6, — Referral to Staff. The planning director is hereby
authorized and directed to develop appropriate land use regulations
7 Emergency Six-Month Moratorium Renewal
Medical Marijuana
14
pursuant to the newly amended law for review and recommendation for
inclusion in the zoning regulations or other provisions of the Kent City
Code. The finance director is hereby authorized and directed to develop
appropriate business licensing and other regulations pursuant to the newly
amended law for review and recommendation for inclusion in the zoning
regulations or other provisions of the Kent City Code.
SECTION 7, — Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or 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 S. — 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; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
SECTION 9, — Effective Date. The city council hereby finds and
declares that an emergency exists which necessitates that this ordinance
become effective immediately in order to preserve the public health, safety
and welfare. This ordinance shall become effective immediately upon
passage. The city clerk is directed to publish a summary of this ordinance
at the earliest possible publication date.
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Medical Marijuana
15
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of 12011.
APPROVED: day of 12011.
PUBLISHED: day of 12011.
I hereby certify that this is a true copy of Ordinance No.
passed by the city council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P:\Civil\Ordinance\Extended Moratorium Medical Marijuana Disp nsariesOrdinance 12-12-11.docx
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17
AGENDA ITEM #3
MEDICAL CANNABIS COLLECTIVE GARDENS
ORDINANCE
18
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19
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
KENT Charlene Anderson, AICP, Manager
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
December 8, 2011
TO: Chair Jamie Perry and Economic & Community Development Committee
Members
FROM: Katie Graves, Planner
RE: Medical Cannabis Collective Gardens [ZCA-2011-2]
For the meeting of December 12, 2011
MOTION: Move to recommend/not recommend/amend adoption of the
proposed medical cannabis collective garden ordinance to the City
Council.
SUMMARY: On November 14, 2011, the Economic and Community Development
Committee voted on proposed medical cannabis definition and zoning options for
recommendation to the City Council. Since that meeting, staff has developed an
ordinance that reflects the regulations voted on by the committee.
BUDGET IMPACT: None
BACKGROUND: During the 2011 legislative session, E2SSB 5073 was passed,
legalizing medical cannabis collective gardens, but clearly stating that medical
cannabis dispensaries are illegal. A medical cannabis "collective garden" is an area
or garden where qualifying patients engage in the production, processing,
transporting, and delivery of cannabis for medical use as defined in state law (RCW
69.51A). Collective gardens can be run by up to 10 qualified patients with a
maximum of 15 cannabis plants per patient, up to a total of 45 plants, and a
maximum of 24 ounces of useable cannabis per patient, up to a total of 72 ounces.
This legislation became effective on July 22, 2011. The new law delegates to cities
the authority to implement zoning requirements, business licensing requirements,
health and safety requirements, and business taxes on collective gardens.
Possession, use, growth, and distribution of cannabis, whether or not it is for
medical use, are still illegal under Federal law. On July 5, 2011, Kent City Council
passed an emergency 6-month moratorium on medical cannabis to allow time to
determine an appropriate regulatory framework for collective gardens. A public
hearing on the moratorium was held by Council on July 19, 2011 and staff was
directed to research regulatory options. Staff presented preliminary findings for
MEMORANDUM: 20
Economic & Community Development Committee
December 12, 2011
Page 2
information only at the September 12, 2011 ECDC workshop and was directed by
ECDC members to provide zoning options for the location of medical cannabis
collective gardens. A public hearing was held on October 10, 2011 to discuss
proposed collective garden definitions, options for allowed zones (including an
option to not allow collective gardens at all), and options for separation
requirements from other uses. At the November 14, 2011 ECDC meeting, the
committee voted to recommend adoption of the following: medical cannabis
definition that references RCW 69.51A; allow collective gardens in designated
commercial and industrial zones, including CM-1, CM-2, M1, M1-C, M2, and M3, and
GC, and GC-MU; require collective gardens to be at least 750' from a public or
private school; and limiting collective gardens to only one garden per tax parcel.
The SEPA Responsible Official has determined that the proposed amendments are
not categorically exempt from SEPA review under WAC 197-11-800(19) and
11.03.200 Kent City Code; therefore, a SEPA analysis was conducted. The
amendments were determined to have no environmental impact, and a
Determination of Nonsignificance was issued on September 26, 2011.
Attached is the ordinance that reflects the proposed zoning code amendments.
Staff will be present at the December 12, 2011 ECDC meeting to answer any
questions. Based on a recent court decision in the State of California, the Law
Department will be at the meeting to present and discuss an alternative approach
to the ordinance.
KG\pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2011\ZCA-2011-2 Medical_Cannabis\12-12-11 ECDC\StaffMemo.doc
End Draft Ordinance
cc: Ben Wolters, Economic and Community Development Director
Fred Satterstrom,AICP, Planning Director
Charlene Anderson,AICP, Planning Manager
Tom Brubaker, City Attorney
Pat Fitzpatrick, Deputy City Attorney
David Galazin,Assistant City Attorney
Project File ZCA-2011-2
21
ORDINANCE NO.
AN ORDINANCE of the City Council
of the City of Kent, Washington, amending
Title 15 of the Kent City Code, to allow for
the zoning of medical cannabis collective
gardens.
RECITALS
A. Recent amendments to Chapter 69.51A RCW, relating
to the medical use of cannabis, have expanded the scope of certain
activities, involving the use of cannabis for medical purposes, that
are exempt from criminal prosecution under state law.
B. Section 69.51A.085 RCW allows "qualifying patients" to
create and participate in "collective gardens" for the purpose of
producing, processing, transporting, and delivering cannabis for
medical use, subject to certain conditions.
C. Section 69.51A.140 RCW delegates the authority, to
cities and towns, to adopt and enforce zoning requirements,
business licensing requirements, health and safety requirements,
and business taxes, as those requirements and taxes relate to the
1 Medical Cannabis
Collective Garden Zoning
Amend KCC Title 15
22
production, processing, or dispensing of medical cannabis within
their jurisdictions.
D. The city council understands that approved medical
uses of cannabis may provide relief to patients suffering from
debilitating or terminal conditions, but potential secondary impacts
from the establishment of facilities for the growth, production, and
processing of medical cannabis are not appropriate for all zoning
designations within the city, nor should such facilities be in close
proximity to schools.
E. The city council further understands that while the
medical benefits of cannabis have been recognized by the state
legislature, cannabis remains a Schedule I controlled substance
under the federal Controlled Substances Act (CSA), and possession
and use of cannabis is still a violation of federal law. The city council
wishes to exercise the authority granted pursuant to state law in
order to establish certain zoning designations within the city in which
collective gardens may be established without violating city zoning
ordinances, but the city council expressly disclaims any intent to
exercise permitting authority over collective gardens in a manner
that would directly conflict with the CSA.
F. The City's State Environmental Policy Act (SEPA) official
issued a Determination of Nonsignificance on September 26, 2011.
G. On September 23, 2011, notice was sent to the
Washington State Department of Commerce requesting expedited
2 Medical Cannabis
Collective Garden Zoning
Amend KCC Title 15
23
review. On, October 10, 2011, the City was granted expedited
review and was informed that it had met the Growth Management
Act notice requirements under RCW 36.70A.106.
H. The Economic and Community Development Committee
considered this matter at its September 12, 2011 workshop, and
held a public hearing on October 10, 2011. The matter was also
considered at the Economic and Community Development
Committee meetings on November 14, 2011, and December 12,
2011.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — Amendment. Chapter 15.02 of the Kent City
Code is amended to add a new Section 15.02.074 to read as follows:
Sec. 15.02.074. Collective gardens.
Collective garden means the growing, production, processing,
transportation, and delivery of cannabis, by qualifying patients, for
medical use, as set forth in Chapter 69.51A RCW, and subject to the
following conditions:
A. No more than ten qualifying patients may participate in a
single collective garden at any time;
3 Medical Cannabis
Collective Garden Zoning
Amend KCC Title 15
24
B. A collective garden may contain no more than fifteen
plants per patient up to a total of forty-five plants;
C. A collective garden may contain no more than twenty-four
ounces of useable cannabis per patient up to a total of
seventy-two ounces of useable cannabis;
D. A copy of each qualifying patient's valid documentation,
including a copy of the patient's proof of identity, must be
available at all times on the premises of the collective garden;
and
E. No useable cannabis from the collective garden is delivered
to anyone other than one of the qualifying patients
participating in the collective garden.
SECTION 2, — Amendment. Section 15.04.090 of the Kent
City Code is amended as follows:
4 Medical Cannabis
Collective Garden Zoning
Amend KCC Title 15
25
Sec. 15.04.090. Service land uses.
Zoning Districts
IC IC
Ft Fri
IC
o = o
0 0 0 0tn
Key F - `m - Ft p o 0
P-Principally - - " E = -
Permitted o s s m o E K o o O
Uses Ft a- o - o o - � o e o
C=Special o - o o E N N IC _ n
Uses - o - - - - - - - _ o w o
C= o o E E 'o - - o O E
Conditional - - o °' o o __ o cn o Z , m > > m = E ;
Uses S to to to to E a U E E E a a o S H o E
iL
A=Accessory o ` A " E " " E " " o o, E E B - E
Uses - �' = m U m m E - H o E E o Fr U _ _ E = a U
m o o n o o U V a ri a a
a - E E - H - m
A - y m m m a o m a m E B E E
A m R E E o r z o 3 o R U
o ¢ m g o c? x rl O U o w - cE _ U
rr rr rr rr x o 0 r U U o A S
m m m m m z o 0 0 0 o cv o cv
Finance, P P P P P P P P P P P
insurance,real (22) (1) (2) (3)
estate services (12)
Personal P P P P P P C P P P P
services: (22) (12) (10) (10) (2) (3)
Laundry,dry (10)
cleaning,
barber salons,
shoe repair
launderettes
Mortuaries P P P C P
(12) (3)
Home day- P P P P P P P P P P P P P P P P P P P P P P P P P P P P
care
Daycare C C C C C C C P P P P P P P P P P P P P P P P P P P P P
center
Business P P P P P P P P P
services, (12) (2) (3)
duplicating
and blue
printing,travel
agencies,and
employment
agencies
Building P P P P P P
maintenance (2)
and pest
control
Outdoor P P A A A A A P
storage C
(including (9)
truck,heavy
equipment,
and contractor
storage yards
as allowed by
development
standards,
KCC
15 04.190 and
15 04 195
Rental and P P P P P P
leasing (2)
services for
5 Medical Cannabis
Collective Garden Zoning
Amend KCC Title 15
26
Zoning Districts
Key E
P-Principally - 5 5 - - H E
Permitted - '" o 0 0 - rr O D D D o
Uses c o - o a m R o a o
S-Special o = o o T E E w E H 5 P' = m
Uses - E o o w` - o
C= E a a a E a a U � --�° z 2 E o -�°
Conditional - - y E y y y y I � - c 4 > > m - " E '
Uses E c E E E E E E E - E E U E E E ` ` _ E u o re re E
A-Accessory E ` ¢ E E o E E - E
Uses m cv o w o o E E E H E - E U ci U _ _ E a U
- E E E x _ o o U a ri _ a
I T o T T - - E E _ - -
A - N m E m m a o m a m E E E o
A C E m � � R x E z o o E U ry °�' a E ` cE
o A a o y y co x U U U o w - cE - U cE o
U U U U U U a 3
m m m m m z o 0 0 0 0 0 0
cars,truck,
trailers,
fumiNre,and
tools
Auto repair C P P P P P C
and vashIHe (21) (5)
services (23)
(including
body work)
Repair P P P P P P P P P
services: (12) (2) (3)
Watch,TV,
electrical,
electronic,
upholstery
Professional P P P P P P P P P P
services: (20) (2) (3)
Medical,
tinics,and
otherhealth
care elated
services
e4 ca e e e e e e e
cannabis (24) (24) (24) (24)f24]f24]f24]
collective
a9 dens
Heavy P P P C P
equipment and (9)
truck repair
Contract P P P P P P P P P
construction (16) (16) (17) (17) (2) (3)
service offices. (17)
Building
cc nstruction,
plumbing,
paving and
landscaping
Educational P P P P P P P P
services: (2) (3)
Vocational,
trade,art,
music,
dancing,
barber and
beauty
Churches S I S S S S S S S S S S S S S S S S S S S S S
(4) (4) (4) (4) (4) (4) (4)(4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4)
Administrative P P P C P P P P P P P
and (12) (2) (3)
professional
6 Medical Cannabis
Collective Garden Zoning
Amend KCC Title 15
27
Zoning Districts
Key
P-Principally - 5 5 - - H E
Permitted - '" 0 0 0 - 0 U 0 0 0
Uses c o - o a m R o a o
S-Special o = o o E E � B H 5 P' = m
Uses - E o o w` - o
C= E a a a E a a U � --�° z 2 E 0 -�°
Conditional - - y E y y y y - c P > > m - " E +
Uses E c E E E E E E E - E E U E E E ` ` _ E u o re re E
A-Accessory E ` ¢ E E o E E - E
Uses m cv o m o o E E E H E - E U ci U _ _ E a U
- E E E x _ o o U a E _ a
A - N m E m m a o m a m E E E o
A Co E m � � 0 x E z o o E U U °�' a E ` cE
o A a o y y co x U U U 0 m - cE - o cE o
U 0 0 0 0 0 a 3
m m m m m z o 0 0 0 0 0 0
offices—
general
Municipal uses P P P P P P P P P P P P P
and buildings (13) (13) (13) (13) (13) (13) (13) (13) (13) (2) (13) (13)
(13)
Research, P P P P P P P
development, (2) (14)
and testing
Planned C
development (6)
retail sales
Accessory 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
uses and (7) (18) (18) (19) (19) (18) (18) (18) (15)
buildings
customarily
appurtenant to
a permitted
use
Boarding C C C
kennels and
breeding
establishments
Veterinary C P P P P C P
clinics and (8) (8) (8) (8) (11)
veterinary
hospitals
Administrative P P P P P
or executive
offices which
are part of a
predominant
industrial
operation
Offices A A A A A
incidental and
necessary to
the conduct of
a principally
permitted use
Section 3, — Amendment. Section 15.04.100 of the Kent City
Code is amended as follows:
7 Medical Cannabis
Collective Garden Zoning
Amend KCC Title 15
28
Sec. 15.04.100. Service land use development
conditions.
1. Banks and financial institutions (excluding drive-through).
2. Uses shall be limited to twenty-five (25) percent of the gross floor
area of any single- or multi-building development. Retail and service
uses which exceed the twenty-five (25) percent limit on an individual
or cumulative basis shall be subject to review individually through
the conditional use permit process. A conditional use permit shall be
required on an individual tenant or business basis and shall be
granted only when it is demonstrated that the operating
characteristics of the use will not adversely impact onsite or offsite
conditions on either an individual or cumulative basis.
3. All sales, storage, and display occur within enclosed buildings.
4. Special uses must conform to the development standards listed in
KCC 15.08.020.
5. Excluding auto body repair.
6. Retail sales are permitted as part of a planned development
where at least fifty (50) percent of the total development is for office
use. Drive-in restaurants, service stations, drive-in cleaning
establishments, and other similar retail establishments are not
permitted.
8 Medical Cannabis
Collective Garden Zoning
Amend KCC Title 15
29
7. Other accessory uses and buildings customarily appurtenant to a
permitted use, except for onsite hazardous waste treatment and
storage facilities, which are not permitted in residential zones.
8. Veterinary clinics and animal hospitals when located no closer
than one hundred fifty (150) feet to any residential use, providing
the animals are housed indoors, with no outside runs, and the
building is soundproofed. Soundproofing must be designed by
competent acoustical engineers.
9. Those uses that are principally permitted in the M3 zone may be
permitted in the M2 zone via a conditional use permit.
10. Personal services uses limited to linen supply and industrial
laundry services, diaper services, rug cleaning and repair services,
photographic services, beauty and barber services, and fur repair
and storage services.
11. Veterinary clinics and animal hospital services when located no
less than one hundred fifty (150) feet from any residential use,
provided the animals are housed indoors and the building is
soundproofed.
12. 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 pedestrian-oriented. Pedestrian-oriented development shall
have the main ground floor entry located adjacent to a public street
9 Medical Cannabis
Collective Garden Zoning
Amend KCC Title 15
30
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
g. Any other use that is determined by the planning 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, Interpretation of uses.
10 Medical Cannabis
Collective Garden Zoning
Amend KCC Title 15
31
13. Except for such uses and buildings subject to KCC 15.04.150.
14. Conducted in conjunction with a principally permitted use.
15. Accessory uses shall include vehicular drive-through, drive-in, or
service bay uses.
16. Contract construction services office use does not include
contractor storage yards, which is a separate use listed in KCC
15.04.040.
17. Outside storage or operations yards are permitted only as
accessory uses. Such uses are incidental and subordinate to the
principal use of the property or structure.
18. Includes incidental storage facilities and loading/unloading areas.
19. Includes incidental storage facilities, which must be enclosed,
and loading/unloading areas.
20. Shall only apply to medical and dental offices and/or
neighborhood clinics.
21. Auto repair, including body work, and washing services are
permitted only under the following conditions:
11 Medical Cannabis
Collective Garden Zoning
Amend KCC Title 15
32
a. The property is also used for heavy equipment repair
and/or truck repair; and
b. The property abuts or is split-zoned with real property in
the gateway commercial district. Gasoline service stations that
also offer auto repair and washing services are not permitted
in the M3, general industrial zoning district.
22. Any associated drive-up/drive-through facility shall be accessory
and shall require a conditional use permit.
:/r�uitHILI F1OM Re ajt/"+mice Ajea
�� •^V -mm�uawxrxwrc�rrrwa:er� rvdxxrex 'p" � """'"
J DCa�
..r.�.... douiuuwl lTOO] 1'daiU:?sIVICIC 1J,�Rerquirud
23. Auto repair, including body work, and auto washing services
shall be allowed in the general industrial (M3) zoning district as
follows:
a. For adaptive reuse of existing site structures, all of the
following conditions must apply:
12 Medical Cannabis
Collective Garden Zoning
Amend KCC Title 15
33
i. The site is not currently served by a rail spur; and
ii. Existing site structures do not have dock high loading
bay doors, where the finished floor is generally level
with the floor of freight containers; and
iii. All ground-level bay doors of existing structures
have a height of less than fourteen (14) feet, which
would generally impede full access to freight
containers; and
iv. Existing site structures have a clear height from
finished floor to interior roof trusses of less than twenty
(20) feet; and
v. Maximum building area per parcel is not greater than
forty thousand (40,000) square feet.
b. For proposed site development, all of the following
conditions must apply:
i. The site is not currently served by a rail spur; and
ii. Based on parcels existing at the time of the effective
date of the ordinance codified in this section, the
maximum parcel size is no greater than forty thousand
(40,000) square feet.
13 Medical Cannabis
Collective Garden Zoning
Amend KCC Title 15
34
24. Medical cannabis collective gardens are subject to the provisions
of KCC 15.08.290.
SECTION 4. -Amendment. Chapter 15.08 of the Kent City
Code is amended by adding a new Section 15.08.290 to read as
follows:
Sec. 15.08.290. Medical cannabis collective gardens.
A. Collective gardens, as defined in KCC 15.02.074, are prohibited
within the area circumscribed by a circle which has a radius
consisting of the following distances from the following specified
uses or zones:
1. Within seven hundred fifty (750) feet of any public or
private school.
B. The distances provided in this section shall be measured by
following a straight line, without regard to intervening buildings,
from the nearest point of the building or tenant space in which the
collective garden is to be located, to the nearest point of the parcel
of property or the land use district boundary line from which the
collective garden is to be separated.
C. Collective gardens are limited to no more than one per tax
parcel.
14 Medical Cannabis
Collective Garden Zoning
Amend KCC Title 15
35
D. Any violation of this section is declared to be a public nuisance
per se, and shall be abated by the city attorney under applicable
provisions of this code or state law, including, but not limited to, the
provisions of KCC Chapter 1.04.
E. Nothing in this section is intended to authorize, legalize, or
permit the establishment, operation, or maintenance of any
business, building, or use which violates any city ordinance or
statute of the state.
SECTION 5, — Severability. If any one or more sections,
subsections, or sentences of this ordinance are held to be
unconstitutional or 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 6, — 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; references to
other local, state or federal laws, codes, rules, or regulations; or
ordinance numbering and section/subsection numbering.
SECTION 7, — Effective Date. This ordinance shall take effect
and be in force thirty (30) days from and after its passage as
provided by law.
SUZETTE COOKE, MAYOR
15 Medical Cannabis
Collective Garden Zoning
Amend KCC Title 15
36
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 20_.
APPROVED: day of , 20_.
PUBLISHED: day of , 20_.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and
approved by the Mayor of the City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P:\Civil\Ordinance\Med Cannabis Zoning-tonal.Ldocx
16 Medical Cannabis
Collective Garden Zoning
Amend KCC Title 15
37
AGENDA ITEM #4
KENT CITY CODE
CHAPTER 12.04 CODE AMENDMENTS
38
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39
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred Satterstrom, AICP, Director
• Charlene Anderson, AICP, Manager
K E N T
was o Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
December 8, 2011
TO: Chair Jamie Perry and Economic & Community Development Committee
Members
FROM: Katie Graves, Planner
RE: Code Amendments [ZCA-2011-3]
For the December 12, 2011 Meeting
MOTION: Recommend to the City Council approval of amendments to
Title 12.04 of Kent City Code as recommended by the Land Use &
Planning Board.
SUMMARY: After holding a public hearing on November 281h, the Land Use &
Planning Board recommended approval of code amendments to Title 12.04 of Kent
City Code. The amendments represent a group of minor potential code
amendments and include items that clarify code, streamline permit process, and
provide consistency with state laws and regulations.
BACKGROUND: Clarifying procedures, removing ambiguity in the code, updating
the code for consistency with state laws and regulations, and streamlining permit
review processes eliminate barriers in the permit process and provide consistency
for applicants and city departments. This group of proposed code amendments is
related to the administration of Kent City Code 12.04, Subdivisions, Binding Site
Plans, and Lot Line Adjustments.
Proposed 12.04 Code Amendments -
12.04.117 Pre-application review. The purpose of this amendment is to clarify
that pre-application conferences for subdivisions and short subdivisions are
encouraged, but not required. It also eliminates the application process for a
tentative subdivision or tentative short subdivision permit. In practice, the city
does not provide a tentative application process separate from the pre-application
conference.
12.04.210 Filing the final plat. The following is proposed to be added to the list
of items required with the submittal of a final plat/short plat application: "Approved
printed computer plot closure on all lots, streets, alleys, and boundaries." This item
40
is already required for submittal and is noted on the application checklist, but was
inadvertently deleted from code in a previous code amendment.
12.04.221 Subdivision preliminary plat expiration; The purpose of this
proposed code amendment is to be consistent with state regulations for the
expiration of a preliminary plat approval. On a temporary basis, the State currently
allows 7 years for a subdivision to record after preliminary approval. Subdivision
applications submitted after December 31, 2014 will return to the previous state
regulations and lapse 5 years from the date of preliminary approval. Although two
options for this amendment were considered by the Land Use and Planning Board,
the Board recommends approval of Option B: adopt the expiration regulations by
reference to RCW 58.17.140. This amendment also changes the process for
requesting extensions. The Land Use and Planning Board recommends approval of
Option B to help simplify code and avoid future city code amendments if the state
code changes.
12.04.227 Procedure for alteration of a subdivision or short subdivision;
The purpose of this amendment is to clarify what constitutes a major or minor
alteration of an approved preliminary plat or short plat. It also includes language
that treats major alterations as new applications for purposes of vesting. The
proposed amendment allows appropriate flexibility for each permit's unique
circumstances, yet provides guidance through a list of examples.
12.04.263 Clustering in urban separators; The proposed amendment to this
section allows developments subject to clustering in the SR-1 zone to use the SR-8
development standards, with the exception of lot size, lot width, density, and other
clustering requirements outlined in this section. The development standards for the
SR-1 zone conflict with the purpose and intent of cluster developments where small
lots are encouraged in order to provide additional protection and buffering of
sensitive areas.
The SEPA Responsible Official has determined that the proposed amendments are
procedural in nature and thus categorically exempt from further SEPA review under
WAC 197-11-800(19) and 11.03.200 Kent City Code.
Staff will be available at the December 12th meeting to answer questions.
KG/pm S:\Permit\Plan\ZONING_CODE_AMEND MENTS\2011\ZCA-2011-3 KCC Amendments 12.04\ECDC\12-12-11_12.04Amendment Memo.doc
Att: Minutes and packet of 11/28/11 WPB meeting; Draft Ordinance
cc: Fred Satterstrom,AICP,CD Director
Charlene Anderson,AICP,Planning Manager
Project Folder
41
KENT
LAND USE & PLANNING BOARD
MINUTES
NOVEMBER 28, 2011
Land Use & Planning Board Members Chair Dana Ralph, Vice Chair Jack Ottini,
Steve Dowell, Navdeep Gill-Absent/Excused, Barbara Phillips and Jim Sturgul.
Chair Ralph called the meeting to order at 7:00 p.m.
City Staff Charlene Anderson, Katie Graves, David Galazin
3. Approval of Minutes
Board member Ottini Moved and Board member Dowell Seconded a Motion
to approve the August 22, 2011 Minutes. Motion PASSED 5-0.
4. Added Items-- None
S. Communications - None
6. Notice of Upcoming Meetings - None
7. ZCA-2011-3 Kent City Code (KCC) Amendments 12.04
Planner Katie Graves presented proposed amendments related to: KCC 12.04.117
Pre-application review, KCC 12.04.210 Filing the final plat, 12.04.221 Subdivision
preliminary plat expiration, 12.04.227 Procedure for alteration of a subdivision or
short subdivision, and 12.04.263 clustering in urban separators.
Chair Ralph declared the Public Hearing Open.
Seeing no speakers - Board member Dowell Moved and Board member Ottini
Seconded a Motion to close the Public Hearing. Motion PASSED 5-0.
Chair Ralph declared the Public Hearing Closed.
Board member Dowell MOVED and Board member Ottini SECONDED a Motion
to approve ZCA-2011-3 Code Amendments for KCC 12.04.117, 12.04.210,
12.04.221, 12.04.227, and 12.04.263 and approval of Option B for the
amendment to 12.04.221 Subdivision preliminary plat expiration. Motion
PASSED 5-0.
Adiournment
Chair Ralph Adjourned the Meeting at 7:08 p.m.
Charlene Anderson, AICP, Planning Manager
Board Secretary
42
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43
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
Charlene Anderson, AICP, Manager
NT�
Phone: 253-856-5454 KE
WASHINGTON Fax: 253-856-6454
220 Fourth Avenue S, Kent, WA
98032-5895
AGENDA
LAND USE & PLANNING BOARD
PUBLIC HEARING
NOVEMBER 28, 2011
7:00 P.M.
LUPB MEMBERS: Dana Ralph, Chair; Jack Ottini, Vice Chair; Steve Dowell,
Navdeep Gill, Barbara Phillips and Jim Sturgul
CITY STAFF: Charlene Anderson, AICP, Planning Manager; Katie Graves, Planner;
Assistant City Attorney David Galazin
This is to notify you that the Land Use and Planning Board will hold a Public Hearing
on MONDAY, NOVEMBER 28, 2011 in Kent City Hall, City Council Chambers East
and West, 220 41h Avenue South, Kent, WA at 7:00 P.M. The public is invited to
attend and all interested persons will have an opportunity to speak. Any person
wishing to submit oral or written comments on the proposed amendment may do so
prior to or at the meeting.
The agenda will include the following item(s):
1 Call to order
2 Roll call
3 Approval of the August 22, 2011 Minutes
4 Added Items to Agenda
5 Communications
6 Notice of Upcoming Meetings
7 PUBLIC HEARING:
1. ZCA-2011-3 Kent City Code Amendments 12.04 (Katie Graves)
Consideration of proposed amendments to Chapter 12.04 of Kent City
Code that regulates the administration of Subdivisions, Binding Site
Plans, and Lot Line Adjustments.
For further information or to obtain copies of the staff report or Agenda for the
proposed amendment contact the Planning Division office at (253) 856-5454. You may
submit comments by emailing Planner Katie Graves at: kgraves0ci.kent.wa.us. and you
may access the City's website for documents pertaining to the Land Use and Planning
Board at: http://kentwa.igm2.com/citltens/Defau/t.aspx?DepartmentID=1004.
Any person requiring a disability accommodation should contact the City Clerk's
Office at 253-856-5725 in advance. For TDD relay service call 1-800-833-6388 or call
the City of Kent Planning Services directly at (253) 856-5499 (TDD).
44
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45
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred Satterstrom, AICP, Director
• Charlene Anderson, AICP, Manager
K E N T
was o Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
November 18, 2011
TO: Chair Dana Ralph and Land Use & Planning Board Members
FROM: Katie Graves, Planner
RE: 12.04 Code Amendments [ZCA-2011-3]
Staff Report for the November 28, 2011 LUPB Hearing
MOTION: Recommend to the City Council approval of amendments to
Kent City Code as recommended by staff/as modified.
SUMMARY: Local planning legislation arises from many sources — Federal, State or
regional mandates; changes to local community vision; complaints; need for
clarity; updated technologies, business operations or strategies that make existing
codes outdated; conflicts with updated codes in other City departments; and many
others. Planning Services is submitting for Board consideration another group of
draft amendments; in this case those related to the administration of Subdivisions,
Binding Site Plans, and Lot Line Adjustments (Kent City Code 12.04). Clarifying
procedures, removing ambiguity in the code, updating the code for consistency with
state laws and regulations, and streamlining permit review processes eliminate
barriers in the permit process and provide consistency for applicants and city
departments. Staff presented the items to the Board at a workshop on November
14, 2011.
BACKGROUND: The full list of potential code amendments presented to the Board
on July 11, 2011 contained items from Chapter 12.04 of Kent City Code that
regulates the administration of Subdivisions, Binding Site Plans, and Lot Line
Adjustments. This code amendment encompasses those potential amendments,
but does not propose changes to binding site plans or calculation of lot size as
initially included on July 11, 2011. General review of the binding site plan
regulations is more appropriate under a separate amendment, and staff determined
that lot size averaging is not necessary because of existing flexibility already
allowed by code. The proposed changes are primarily related to a broader permit
review process, clarifications, and consistencies. These items were discussed in
depth at the November 14, 2011 Board workshop and are described this memo.
The proposed code amendments are outlined in Attachment A. Staff will be
available at the public hearing to answer questions.
The SEPA Responsible Official has determined that the proposed amendments are
procedural in nature and thus categorically exempt from further SEPA review under
WAC 197-11-800(19) and 11.03.200 Kent City Code.
46
RECOMMENDATION: Staff recommends approval of the amendments and
recommends approval of Option B for the amendment to 12.04.221 Subdivision
preliminary plat expiration.
Proposed Kent City Code 12.04 Amendments -
12,04,117 Pre-application review; The purpose of this amendment is to clarify
that pre-application conferences for subdivisions and short subdivisions are
encouraged, but not required. It also eliminates the application process for a
tentative subdivision or tentative short subdivision permit. In practice, the city
does not provide a tentative application process separate from the pre-application
conference.
12.04.210 Filing the final plat; The following is proposed to be added to the list
of items required with the submittal of a final plat/short plat application: "Approved
printed computer plot closure on all lots, streets, alleys, and boundaries." This item
is already required for submittal and is noted on the application checklist, but was
inadvertently deleted from code in a previous code amendment.
12.04.221 Subdivision preliminary plat expiration; The purpose of this
proposed code amendment is to be consistent with state regulations for the
expiration of a preliminary plat approval. On a temporary basis, the State currently
allows 7 years for a subdivision to record after preliminary approval. Subdivision
applications submitted after December 31, 2014 will return to the previous state
regulations and lapse 5 years from the date of preliminary approval. Staff is
proposing two options for this amendment: Option A is to include the detailed
language for the 7 year approval timeline and the December 31, 2014 change in
regulations. Option B is to remove this language and adopt the expiration
regulations by reference to RCW 58.17.140. Both amendments change the process
for requesting extensions. Staff recommends approval of Option B to help simplify
code and avoid future city code amendments if the state code changes.
12.04.227 Procedure for alteration of a subdivision or short subdivision;
The purpose of this amendment is to clarify what constitutes a major or minor
alteration of an approved preliminary plat or short plat. It also includes language
that requires major alterations to be treated as new applications for purposes of
vesting. At the Land Use and Planning Board workshop on November 14, there was
discussion of defining what constitutes a "substantial change." After researching
other cities' codes on this topic, staff determined that the proposed language is
consistent with other codes. It allows appropriate flexibility for each permit's
unique circumstances, yet provides guidance through a list of examples.
12.04.263 Clustering in urban separators; The proposed amendment to this
section allows developments subject to clustering in the SR-1 zone to use the SR-8
development standards, with the exception of lot size, lot width, density, and other
clustering requirements outlined in this section. The development standards for the
SR-1 zone conflict with the purpose and intent of cluster developments where small
lots are encouraged in order to provide additional protection and buffering of
sensitive areas.
KG/pm S'.APenn FPlarPZONING_CJDE_PMEN DMENTS\2011\ZC-20113 KCC Amendment,12.04\112811r m�12.04CoderJpde@SMfBipt doc
Att: Amendments to KCC 12.04
cc: Fred Satterstrom,AICP,CD Director
Charlene Anderson,AICP,Planning Manager
Project File
47
Attachment A. Kent City Code 12.04 Proposed Amendments
12.04.117 Pre-application review.
A. Applications fOF a tentative subdivision OF tentative shOFt subdivi
application n9eeting and Feview shall be filed with planning seFViees. Pursuant to
KCC 12.01.080, a pre-application n9eeting-conference is Fequired encouraged for aH
subdivisions, ail Type I and Type II short subdivisions, and enly fOF Type T shOFt
subdivisions •°•" that require SEPA review. The scale and information required
for a pre-application n9eefing conference and the number of copies to be filed shall
be in accordance with the requirements of the planning n9an ge-F application
checklist.
B. Planning seFViees shall tFansn9it cepies of the tentative plat to the fiFe, public
WOF'Es, and paFlEs depaFtngents, Public utility agencies seFYing the aFea, and to any
G. A n9eeting on the tentative plat shall be he'd that is attended by planning
se. V ies_, __..s. City _sr_. _nest_ _.._._ . sss.. s series of the tentative plat,. and the
tentative plat should be discussed at such n9eeting. These Fecengngendatmens and
petential conditions of appFOYal of the application shall be FeCOFded on WFiting and
D. The Fecengn9endatiens of the eity depaFtngents shall be based on whetheF the
tentative plat
subdivision will be i
S. Not detFingental to the natUFal enviFenngent OF its SUFFOundings.
Page 1 of 9
48
This page intentionally left blank.
49
12.04.210 Filing the final plat
A. A final plat or final short plat shall be prepared by a professional land surveyor
licensed in the state of Washington, based on the Washington State Plane
Coordination System, and be submitted to planning services along with all forms
required and with the number of originals and copies requested.
B. The final plat or final short plat submitted for filing shall comply with the
conditions of preliminary approval and Chapter 58.09 RCW, Chapter 332-130 WAC,
and Chapter 58.17 RCW. The original drawing shall be in black ink on mylar or
photographic mylar.
C. In addition to other requirements as specified in this section, the final plat or
final short plat shall contain or be accompanied by the following:
1. Signature of the owner of the property on the face of the final plat or final short
plat mylar;
2. A notarized certificate of the owner, contract purchaser, grantor of a deed of
trust, or other holder of beneficial title to the property being subdivided indicating
that the subdivision or short subdivision is made with free consent and in
accordance with their desires, and if the subdivision or short subdivision is subject
to deeding of property, the notarized certificate shall be signed by all parties having
any ownership interest in the lands subdivided. For purposes of this section,
ownership interest shall include legal and equitable property interests, including,
but not limited to, present, future, contingent, or whole fee interests, together with
a beneficiary's interest pursuant to a trust and contract interest pursuant to a
specifically enforceable contract for the purchase of the real property;
3. Certification by the responsible health agencies that the methods of sewage
disposal and water service are acceptable;
4. Certification by the public works department that the subdivider has complied
with either of the following alternatives:
a. All improvements have been installed in accordance with the requirements of
these regulations, or
b. Certain improvements have been deferred according to KCC 12.04.205(D),
deferred improvements;
5. The subdivider shall furnish the city a current plat or short plat certificate or title
report from a title insurance company, produced no more than forty-five (45)
calendar days prior to final plat or final short plat application, that documents the
ownership and title of all interested parties in the plat or short plat, subdivision,
Page 2 of 9
50
short subdivision, or dedication and that lists all liens and encumbrances. The legal
description in the title report shall be identical to the legal description on the face of
the plat or short plat. The city reserves the right to require updates of the
certificate or title report at any time prior to signing the final plat or final short plat
by the short subdivision committee chairman;
6. Any person signing for a corporation must provide documentation that shows
they have the authority to execute on behalf of the said corporation;
7. Copies of any restrictive covenants as may be used in the subdivision or short
subdivision;
8. Certification of approval to be signed by the King County assessor;
9. Certification of approval to be signed by the King County recorder;
10. Certificate of approval by the chairman of the short subdivision committee;
11. Copies of any bylaws for a homeowners' association, if created.
12. Approved printed computer plot closure on all lots, streets, alleys, and
boundaries.
Page 3 of 9
51
12.04.221 Subdivision preliminary plat expiration.
OPTION A:
A. Subdivision preliminary plat approval shall lapse five (5) seven ( 7) years from
the date of approval unless a final plat based on the preliminary plat, or any phase
thereof, and meeting all of the requirements of this chapter and Chapter 58.17
RCW, is submitted to the city council for approval within five (5) seven ( 7) years
from the date of subdivision preliminary plat approval. Preliminary subdivision
applications submitted after December 31, 2014, shall lapse five (5) years from the
date of approval unless the final plat is submitted to the city council for approval
within the five (5) years from the date of subdivision preliminary_plat approval.
Upon receipt of a written request by the applicant, one (1) extension of one (1)
year shr" may be granted to who files a WFitten Fecluest with planning
peFied if the applicant can show that he/she has attempted in good faith to obtain
approval of the final plat within the five (5) seven ( 7) year period, or for those
applications submitted after December 31, 2014 within the five (5) year period.
B. Additional time extensions beyond the one (1) year period may be granted by
the planning der director if the applicant can show unusual circumstances or
situations which make it impossible to record the final plat within the sip (6) eight
(8) year period (or for those applications submitted after December 31, 2014 within
the six (6) year period). The applicant must file a written request with planning
services for this additional time extension. The request Est should be filed at least
thiFt • "^` calendaF days prior to the subdivision preliminary plat expiration date.
The request must include documentation as to the need for the additional time.
Additional time extensions shall not be granted in greater than one (1) year
increments.
C. In the case of a phased subdivision, final plat approval by the city council of any
phase of the subdivision preliminary plat will constitute an automatic one (1) year
extension for the filing of the final plat for the next phase of the subdivision.
OPTION B:
A. Subdivision preliminary plat approval shall lapse as provided in RCW 58.17.140
five (5) yeaFS fFOn9 the date of appFOval unless a final plat based on the preliminary
plat, or any phase thereof, and meeting all of the requirements of this chapter and
Chapter 58.17 RCW, is submitted to the city council for approval within the time
period allowed by RCW 58.17.140 five (5) yeaFS fFOn9 the date of subdivision
Upon receipt of a written request by the applicant. one
Page 4 of 9
52
(1) extension of one (1) year shall may be granted to an applican who files
WFitten Fecluest with planning seFviees at 'east thiFty (M) ealendaF days befeFe the
e)EPiFatien of the five (5) yeaF peFied, if the applicant can show that he/she has
attempted in good faith to obtain approval of the final plat within the five (5) year
peFied time period provided in RCW 58.17.140.
B. Additional time extensions beyond the one (1) year period may be granted by
the planning der director if the applicant can show unusual circumstances or
situations which make it impossible to record the final plat within the sip (6) limited
extended time period. The applicant must file a written request with planning
services for this additional time extension. The request n9ust should be filed at least
prior to the subdivision preliminary plat expiration date.
The request must include documentation as to the need for the additional time.
Additional time extensions shall not be granted in greater than one (1) year
increments.
C. In the case of a phased subdivision, final plat approval by the city council of any
phase of the subdivision preliminary plat will constitute an automatic one (1) year
extension for the filing of the final plat for the next phase of the subdivision.
Page 5 of 9
53
12.04.227 Procedure for alteration of a subdivision or short subdivision.
A. 1f-aAn applicant wishes requestinq to alter a subdivision or short subdivision or
any portion thereof, except as provided in KCC 12.04.230, that peFSvn shall submit
to the Permit Center an a plat alteration application to planning seFVieeS Fecluesting
the akeFatmen. The application shall include submittal requirements as described in
the application form, applicable fees, as well as 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 der director shall have the authority to determine whether the
proposed alteration constitutes a minor or major alteration. Major alterations are
those which that are not in response to staff review or public appeal and
substantially change the basic design, increase the number of lots, densft,
substantially decrease open space, substantially change conditions of subdivision or
short subdivision approval, 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. Maior alterations shall be treated as new applications
for purposes of vesting.
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
der director and the public works director. 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 der 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
Page 6 of 9
54
committee for short subdivisions or the city council 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.
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 city council for
subdivisions. If the planning der director determines that the proposed
alteration is a major alteration, pursuant to subsection (B) of this section, then the
planning der 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.
Page 7 of 9
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12.04.263 Clustering in urban separators.
A. All subdivisions and short subdivisions in the SR-1 zoning district shall be
required to be clustered pursuant to this section when the property is located
wholly or partially within an urban separator as designated on the city of Kent
comprehensive land use plan map.
B. Except as described in subsection C of this section, cluster subdivisions and short
subdivisions shall be subject to the SR-8 zoning district development standards
outlined in KCC Title 15. These standards include, but are not limited to, minimum
lot size, width, yards, setbacks, parking, landscaping, signage, etc.
C. The provisions of KCC 12.04.235 through 12.04.250, as well as other applicable
portions of this chapter, shall apply unless specifically exempted. In addition, the
following standards shall apply to clustered subdivisions or short subdivisions:
1. Location. The cluster residential development shall be required in the SR-1
zoning district within urban separator areas.
2. Permitted uses. The cluster residential development option shall include only
single-family residential uses.
3. Minimum area. No minimum area is established for a cluster residential
development.
4. Permitted density. The maximum number of dwelling units permitted in a cluster
development shall be no greater than the number of dwelling units allowed for the
parcel as a whole for the zoning district in which it is located.
5. Lot size. The minimum lot size of individual building lots within a cluster
subdivision or short subdivision is two thousand five hundred (2,500) square feet.
New lots created by any subdivision or short subdivision action shall be clustered in
groups not exceeding eight (8) units. There may be more than one (1) cluster per
project. Separation between cluster groups shall be a minimum of one hundred
twenty (120) feet.
6. Lot width. The minimum lot width for individual building lots in a cluster
subdivision or short subdivision shall be thirty (30) feet.
7. Other development standards. Development standards other than lot size, and
lot width, and density shall be the same as are required within the SR—1 SR-8
zoning district.
8. Common open space. The common open space in a cluster subdivision or short
subdivision shall be a minimum of fifty (50) percent of the nonconstrained area of
Page 8 of 9
56
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 or short subdivision. All natural features (significant stands of
trees and rock outcropping), as well as critical areas (such as streams, steep slopes
and wetlands and their buffers) shall be preserved.
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 habitat; and impairs the recreational benefits enjoyed by
the residents of the development. Such common open spaces shall be conveyed to
residents of the development, conveyed to a homeowners' association for the
benefit of the residents of the development, or conveyed to the city with the city's
consent and approval.
S:\Permit\Plan\ZONING_CODE_AMEN DMENTS\2011\ZCA-2011-3 KCC Amendments 12.04\112811_LUPBhrg_AUA12.04Amdmts.doc
Page 9 of 9
57
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter
12.04, Kent City Code, specifically Section
12.04.117, Section 12.04.210, Section 12.04.221,
Section 12.04.227, and Section 12.04.263, related
to the administration of subdivisions, binding site
plans, and lot line adjustments [ZCA-2011-3].
RECITALS
A. Local planning legislation arises from many sources, including,
but not limited to, Federal, State or regional mandates; changes to local
community vision; complaints; need for clarity; updated technologies,
business operations or strategies that make existing codes outdated; and
conflicts with updated regulations in other City departments.
B. The City has determined that amendments to Chapter 12.04,
Kent City Code (KCC), are necessary to reflect an improved permitting
process, provide clarifications, reflect updated state regulations, and
ensure development standards reflect the intent of the subject code
provisions.
C. The City has determined that an amendment to Section
12.04.117 is necessary to clarify that pre-application conferences for
subdivisions and short subdivisions are encouraged, but not required. This
1
58
amendment also eliminates the application process for a tentative
subdivision or tentative short subdivision.
D. Language requiring that an approved printed computer plot
closure on all lots, streets, alleys and boundaries was inadvertently deleted
from Section 12.04.210 in a previous code amendment, and should be re-
inserted into the code.
E. In order to be consistent with state regulations for the
expiration of a preliminary plat approval, Section 12.04.221 should be
amended by removing the existing language, and adopting the state
expiration regulations by reference to RCW 58.17.140. This amendment
also eliminates the time requirement for requesting an extension of the
expiration period.
F. The City has determined that amendments to Section
12.04.227 are necessary to clarify what constitutes a major or minor
alteration of an approved preliminary plat or short plat. This amendment
will include language that treats major land alterations as new applications
for the purposes of vesting.
G. The development standards for the SR-1 zone conflict with
the purpose and intent of cluster developments where small lots are
encouraged in order to provide additional protection and buffering of
sensitive areas. The City has determined that an amendment to Section
12.04.263 will allow developments subject to clustering in the SR-1 zone
to use the SR-8 development standards, with the exception of lot size, lot
width, density, and other clustering requirements outlined in this section.
H. The City's State Environmental Policy Act (SEPA) Responsible
Official has determined that the proposed amendments are procedural in
nature and thus categorically exempt from further SEPA review.
2
59
I. On November 8, 2011 notice was sent to the Washington
State Department of Commerce and expedited review was requested as
required under RCW 36.70A.106(3)(b). On November 23, 2011, the City
was granted expedited review and was informed that it had met the
Growth Management Act notice requirements under RCW 36.70A.106.
J. The Land Use and Planning Board discussed this matter at its
November 14, 2011 workshop and after holding a Public Hearing on
November 28, 2011 recommended approval of the amendments including
Option B of the plat expiration amendments.
K. The Economic and Community Development Committee
considered this matter at a meeting held December 12, 2011.
L. The City Council considered this matter at its
meeting.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 12.04.117 of the Kent City
Code is amended as follows:
Sec. 12.04.117. Pre-application review.
A. Applications fOF a tentative subdivision OF tentative shOFt subdivision
pFe application n9eeting and Feview shall be filed with planning sen'!ces.
Pursuant to KCC 12.01.080, a pre-application n9eeting—conference is
FequiFed--encouraged for aWsubdivisions, aWand Type I and Type II short
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60
subdivisions, and only fOF Type 1 shOFt subdivisions which that require
SEPA review. The scale and information required for a pre-application
nneetingconference and the number of copies to be filed shall be in
accordance with the requirements of the planning n9anaeff application
checklist.
B. Planning seFVices shall tFansngit copies of the tentative plat to the fiFe,
public WOFI(s, and paFl(S depaFtngents, public utility agencies seFVing the
G. A ngeeting on the tentative plat shall be he'd that is attended by
planning seFVices,ether city departments that receive cop:es of the
tentative plat, and the subdivideF. Recommendations by the vaFmOUS
depaFtngents fOF Fevisien of the tentative plat should be discussed at such
the application shall be FeceFded on WFiting and ngailed to the subdivideF by
D. The Feeengngendatmens of the eity depaFtngents shall be based on
whetheF the tentative plat is�
3ineenfe,;;,anee with the transpOrtatien ngasterp:an and
aFea on which the subdivision OF ShOFt subdivision will be develop 1
it in .. ..fO ffi.-.nce with seweF, ateF and ..theF Utility plans fOF the
aFea; and
S. Piet detFingental to the natUFal enviFenngent OF its SUFFOundings.
SECTION 2, — Amendment. Section 12.04.210 of the Kent City
Code is amended as follows:
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61
Sec. 12.04.210. Filing the final plat.
A. A final plat or final short plat shall be prepared by a professional land
surveyor licensed in the state of Washington, based on the Washington
State Plane Coordination System, and be submitted to planning services
along with all forms required and with the number of originals and copies
requested.
B. The final plat or final short plat submitted for filing shall comply with the
conditions of preliminary approval and Chapter 58.09 RCW, Chapter 332-
130 WAC, and Chapter 58.17 RCW. The original drawing shall be in black
ink on mylar or photographic mylar.
C. In addition to other requirements as specified in this section, the final
plat or final short plat shall contain or be accompanied by the following:
1. Signature of the owner of the property on the face of the final
plat or final short plat mylar;
2. A notarized certificate of the owner, contract purchaser, grantor
of a deed of trust, or other holder of beneficial title to the property
being subdivided indicating that the subdivision or short subdivision
is made with free consent and in accordance with their desires, and
if the subdivision or short subdivision is subject to deeding of
property, the notarized certificate shall be signed by all parties
having any ownership interest in the lands subdivided. For purposes
of this section, ownership interest shall include legal and equitable
property interests, including, but not limited to, present, future,
contingent, or whole fee interests, together with a beneficiary's
interest pursuant to a trust and contract interest pursuant to a
5
62
specifically enforceable contract for the purchase of the real
property;
3. Certification by the responsible health agencies that the methods
of sewage disposal and water service are acceptable;
4. Certification by the public works department that the subdivider
has complied with either of the following alternatives:
a. All improvements have been installed in accordance with
the requirements of these regulations, or
b. Certain improvements have been deferred according to
KCC 12.04.205(D), deferred improvements;
5. The subdivider shall furnish the city a current plat or short plat
certificate or title report from a title insurance company, produced
no more than forty-five (45) calendar days prior to final plat or final
short plat application, that documents the ownership and title of all
interested parties in the plat or short plat, subdivision, short
subdivision, or dedication and that lists all liens and encumbrances.
The legal description in the title report shall be identical to the legal
description on the face of the plat or short plat. The city reserves
the right to require updates of the certificate or title report at any
time prior to signing the final plat or final short plat by the short
subdivision committee chairman;
6. Any person signing for a corporation must provide documentation
that shows they have the authority to execute on behalf of the said
corporation;
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63
7. Copies of any restrictive covenants as may be used in the
subdivision or short subdivision;
8. Certification of approval to be signed by the King County
assessor;
9. Certification of approval to be signed by the King County
recorder;
10. Certificate of approval by the chairman of the short subdivision
committee;
11. Copies of any bylaws for a homeowners' association, if created;
12. Approved printed computer plot closure on all lots, streets,
alleys, and boundaries.
D. All subdivisions and short subdivisions shall be surveyed by a land
surveyor licensed in the state of Washington. All lot, tract, parcel, and
right-of-way corners and angle points shall be set in accordance with
Chapter 58.09 RCW. Street monuments shall be in accordance with city of
Kent design and construction standards and shall be installed per those
same standards. Sufficient intervisible monuments shall be set to ensure
that any property within the subdivision or short subdivision can be readily
resurveyed at a later time or as may be specified by the public works
department. All final plats and final short plats shall be based on at least
two city of Kent horizontal control points and reference the North American
Datum of 1983/1991 Adjustment (NAD 83/91) or its successor as may be
adopted by the public works department survey section.
E. If any utility companies and/or utility districts have existing easements
within the proposed plat or short plat, the applicant or its assigns shall
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64
have these easements removed or shall have their rights subordinated to
the city of Kent if they fall within dedicated right-of-way or tracts for public
use.
F. The final plat or final short plat must be submitted to planning services
for review as to compliance with all terms of the preliminary approval;
terms of bonding or the completion of all improvements; and completeness
and accuracy of survey data and platting requirements.
G. Before a final short plat is filed with King County, it shall be signed by
the chairman of the short subdivision committee when the plat is
determined to be in compliance with all applicable short subdivision
requirements.
H. After all final plat conditions for a subdivision have been met, planning
services shall set a date for a public meeting for the city council to consider
the final plat.
I. Before the final plat of a subdivision is submitted to the city council, it
shall be signed by the city engineer and planning nganageFdirector. After
the final plat is approved by the city council, it shall be signed by the
mayor and the city finance director.
J. An approved final plat or short plat shall be filed for record with King
County and shall not be deemed approved until filed.
K. A conformed copy of the recorded plat or short plat shall be filed with
planning services and the public works department.
SECTION 3, — Amendment. Section 12.04.221 of the Kent City
Code is amended as follows:
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Sec. 12.04.221. Subdivision preliminary plat expiration.
A. Subdivision preliminary plat approval shall lapse as provided in RCW
58.17.140, as amended unless a
final plat based on the preliminary plat, or any phase thereof, and meeting
all of the requirements of this chapter and Chapter 58.17 RCW, is
submitted to the city council for approval within the time period allowed by
RCW 58.17.140, as amended.
One (1) eXtensien of one (1) yeaF shall be
gFa..tee to an .pica. who files a Fitters Fequiest with planning seFVices
peFied, of the I.
applicant
c ow that he h attemptedOn good faith to
obtain appFeval of the final plat within the five (5) Upon
receipt of a written request by the applicant, the planning director may
grant one (1) extension of one (1) year, if the applicant can demonstrate a
good faith attempt to obtain approval of the final plat within the time
period provided in RCW 58.17.140, as amended.
B. Additional time extensions beyond the one (1) year period may be
granted by the planning nganageF--director if the applicant can show
unusual circumstances or situations which make it impossible to record the
final plat within the six (6) yeaFlimited extended time period. The
applicant must file a written request with planning services for this
additional time extension. The request n9ustshould be filed at 'east thirty
(30) calendaF days prior to the subdivision preliminary plat expiration date.
The request must include documentation as to the need for the additional
time. Additional time extensions shall not be granted in greater than one
(1) year increments.
C. In the case of a phased subdivision, final plat approval by the city
council of any phase of the subdivision preliminary plat will constitute an
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automatic one (1) year extension for the filing of the final plat for the next
phase of the subdivision.
SECTION 4, — Amendment. Section 12.04.227 of the Kent City
Code is amended as follows:
Sec. 12.04.227. Procedure for alteration of a subdivision or
short subdivision.
A. If applicant wishesreguesting to alter a subdivision or short
subdivision or any portion thereof, except as provided in KCC 12.04.230,
that shall submit an a plat alteration application to the Permit
Center to planning seFVieeS Fecluesting the alteFatien. 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 nqanagei�-director shall have the authority to determine
whether the proposed alteration constitutes a minor or major alteration.
Major alterations are those which that are not in response to staff review
or public appeal and substantially change the basic design, y,
increase the number of lots, substantially decrease open space,
substantially change conditions of subdivision or short subdivision
approval, 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 be treated
as new applications for purposes of vesting.
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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
planninger 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 directorer 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 city council 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.
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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 city council for subdivisions. If the planning director
der determines that the proposed alteration is a major alteration,
pursuant to subsection (B) of this section, then the planning director
der 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.
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SECTION 5. — Amendment. Section 12.04.263 of the Kent City
Code is amended as follows:
Sec. 12.04.263. Clustering in urban separators.
A. All subdivisions and short subdivisions in the SR-1 zoning district shall
be required to be clustered pursuant to this section when the property is
located wholly or partially within an urban separator as designated on the
city of Kent comprehensive land use plan map.
B. Except as described in subsection C of this section, Gcluster subdivisions
and short subdivisions shall be subject to the SR-8 zoning district
development standards outlined in KCC Title 15. These standards include,
but are not limited to, minimum lot size, width, yards, setbacks, parking,
landscaping, signage, etc.
C. The provisions of KCC 12.04.235 through 12.04.250, as well as other
applicable portions of this chapter, shall apply unless specifically
exempted. In addition, the following standards shall apply to clustered
subdivisions or short subdivisions:
1. Location. The cluster residential development shall be required in
the SR-1 zoning district within urban separator areas.
2. Permitted uses. The cluster residential development option shall
include only single-family residential uses.
3. Minimum area. No minimum area is established for a cluster
residential development.
4. Permitted density. The maximum number of dwelling units
permitted in a cluster development shall be no greater than the
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number of dwelling units allowed for the parcel as a whole for the
zoning district in which it is located.
5. Lot size. The minimum lot size of individual building lots within a
cluster subdivision or short subdivision is two thousand five hundred
(2,500) square feet. New lots created by any subdivision or short
subdivision action shall be clustered in groups not exceeding eight
(8) units. There may be more than one (1) cluster per project.
Separation between cluster groups shall be a minimum of one
hundred twenty (120) feet.
6. Lot width. The minimum lot width for individual building lots in a
cluster subdivision or short subdivision shall be thirty (30) feet.
7. Other development standards. Development standards other than
lot size and lot width, and density shall be the same as are required
within the SR-8 SR zoning district.
8. Common open space. The common open space in a cluster
subdivision or short subdivision shall be a minimum of fifty (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
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not be used in determining lot size and common open space
requirements in a cluster subdivision or short subdivision. All natural
features (significant stands of trees and rock outcropping), as well
as critical areas (such as streams, steep slopes and wetlands and
their buffers) shall be preserved.
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 habitat; and impairs the recreational
benefits enjoyed by the residents of the development. Such common
open spaces shall be conveyed to residents of the development,
conveyed to a homeowners' association for the benefit of the
residents of the development, or conveyed to the city with the city's
consent and approval.
SECTION 6, — Savings. The existing Chapter 12 of the Kent City
Code, which is repealed and replaced by this ordinance, shall remain in full
force and effect until the effective date of this ordinance.
SECTION 7, — Severability. If any one or more sections,
subsections, or sentences of this ordinance are held to be unconstitutional
or 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 S. — 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
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correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
SECTION 9, — Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of 20.
APPROVED: day of 20.
PUBLISHED: day of 20.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
PVCI ilAOrdinanceACh120.Amendmmisre Subdivision;Binding s±e Plms&LLAdjushnm�doc
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AGENDA ITEM #5
COMMUNITIES PUTTING PREVENTION TO WORK
HEALTHYFOOD SYSTEMS
INFORMATIONAL ONLY
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75
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
• Fred N. Satterstrom, AICP, Director
KEN T Charlene Anderson, AICP, Manager
WASHINGTON
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
December 5, 2011
TO: Chair Jamie Perry and Economic & Community Development
Committee Members
FROM: Charlene Anderson, AICP, Planning Manager
RE: Communities Putting Prevention to Work - Healthy Food Systems
For Meeting of December 12, 2011
MOTION: None required. For information only.
SUMMARY: On October 5, 2010, the City Council accepted a grant for $180,000
from Public Health-Seattle & King County under the Communities Putting
Prevention to Work Program (CPPW). The grant is administered through Parks and
Community Services and deliverables include draft policies for Healthy Land Use
and Transportation, Access to Healthy Food, and Healthy Food Procurement.
Although the Kent Comprehensive Plan contains policies related to agricultural
production, it does not explicitly contain policies related to access to healthy food.
Planning staff drafted policies that may be considered in a future comprehensive
plan update.
BACKGROUND: In March, 2010 as part of the American Recovery and
Reinvestment Act, the Centers for Disease Control and Prevention provided funds to
Public Health-Seattle & King County for a project entitled Communities Putting
Prevention to Work (CPPW). The City of Kent received $180,000 from that funding
for a three-pronged policy effort on Healthy Land Use and Transportation, Access to
Healthy Food, and Healthy Food Procurement. Most of the City's grant dollars will
be spent on creating a trails plan, part of the Healthy Land Use and Transportation
prong. However, the Land Use & Planning Board reviewed draft policies related to
access to healthy food at their September 261h and November 141h workshops.
Staff is bringing the attached policies to the Economic & Community Development
Committee for discussion and comments. Consideration of the policies is required
as a grant deliverable under Project Outcome 2 - Access to Healthy Food.
Planning Division staff will be available at the December 121h meeting to further
discuss these policies.
CA/pm S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2011\Healthy_Food_Systems\ECDCMemo_12122011.doc
Att: Attachment A: Draft Policies
cc: Ben Wolters, ECD Director
Fred Satterstrom,AICP, Planning Director
Charlene Anderson,AICP, Planning Manager
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Communities Putting Prevention to Work (CPPW)
Healthy Food Systems—Draft Policies
1. Prioritize permitting timelines for businesses offering significant healthy food options,
particularly when located in underserved or low-income areas or around schools.
2. Provide technical economic development assistance in forming and financing healthy food
cooperative purchasing groups.
3. Encourage food systems that preserve and sustain diverse,traditional healthy food cultures of
ethnic minority communities.
4. Promote media coverage for healthy menu-certified businesses in Kent.
5. Support local food policy councils or coalitions and community events that promote healthy
foods.
6. Allow farmers markets as a temporary use in all commercial and industrial zones.
7. Support the development of temporary farm stands, urban agriculture projects and community
vegetable gardens on school, park and community center sites,vacant lots, in multiple family
and low-income housing projects, and as a program element in open space planning.
SIAPerml[ylanACOMP_PWN_AMENDMEVSA2011\He althy_Food_SYs2msVCPPW_D aft Policies 110211.doc