HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 06/10/2013 ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
• Charlene Anderson, AICP, Manager
� KENT Phone: 253-856-5454
wAs III. ,o14
Fax: 253-856-6454
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
AGENDA
LAND USE & PLANNING BOARD
WORKSHOP
JUNE 10, 2013
7:00 P.M.
LUPB MEMBERS: Jack Ottini, Chair; Barbara Phillips, Vice Chair; Frank Cornelius,
Steve Dowell, Navdeep Gill, Alan Gray, and Randall Smith
CITY STAFF: Charlene Anderson, AICP, Planning Manager; Katie Graves, Planner;
David Galazin, Assistant City Attorney
This is to notify you that the Land Use and Planning Board will hold a Workshop on
MONDAY, JUNE 10, 2013. The workshop will be held in Kent City Hall, City Council
Chambers, 220 Fourth Avenue S, Kent, WA at 7:00 p.m.
No public testimony is taken at workshops, although the public is welcome to
attend. The workshop agenda will include the following item(s):
1. ZCA-2013-1 Residential Facilities Regulations Code Amendment
Second Workshop to consider proposed code amendments to Kent City Code
(KCC) Title 15, Zoning; Chapter 15.02 Definitions, as well as 15.04.020 & .030
related to residential facilities, group care, and group living facilities.
You may access the City's website for documents pertaining to the Land Use and Planning Board at:
htto://kentwa.igm 2.com/citizens/Default.asox?DeoartmentlD=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 the Washington Telecommunications Relay Service at 1-800-833-
6388 or call the City of Kent Planning Division directly at (253) 856-5499 (TDD) or the main line at
(253) 856-5454.
This page intentionally left blank.
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
• Fred Satterstrom, AICP, Director
KENT Charlene Anderson, AICP, Manager
WASHINGTON
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
June 4, 2013
TO: Chair Jack Ottini and Land Use & Planning Board Members
FROM: Katie Graves, Planner
RE: Code Amendments [ZCA-2013-1]
For June 10, 2013 Workshop
SUMMARY: Planning Services is submitting for Board consideration another group
of potential amendments; in this case those related to residential facilities, group
care, and group living facilities in Kent City Code Title 15, Zoning. This section of
code needs amending to clarify definitions for different types of residential facilities,
update the residential land use table, remove ambiguity in the code, and update
the code for consistency with state laws and regulations. Staff presented a
preliminary list of these items at the May 131h workshop. Since the May 131h
workshop, staff has been further researching amendment items to provide further
information.
BUDGET IMPACT: None
BACKGROUND: 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. Furthermore, these amendments are undertaken as part of the
City Council's initiative to transform regulatory processes in order to increase
operating efficiencies.
Group care or group living facilities may be broadly categorized as single or multiple
family residential, emergency and transitional housing, criminal justice facilities,
and group care facilities with or without healthcare. Attached are potential code
amendments to be discussed.
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.
KG\pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2013\ZCA-2013-1 GroupResidendal Facilides\LUPB\6-10-13\memo.doc
Enc: Attach A: Potential Code Amendments to Title 15 Zoning Code
cc: Fred Satterstrom,AICP, Planning Director
Charlene Anderson,AICP, Planning Manager
Project File ZCA-2013-1
This page intentionally left blank.
15.02.026.1 AgajEted living facility
Ass quarters and a
variety limited health care monitoring to more than
ten (10} individuals who may be unable to live independently due to infirmity of
skilledage: ar physical ar mental handicap, but who da not need the nursing care
of a convalescent home or a residential facility with health care. These facilities may
consist of individual dwelling units. with separate bathroom facilities. a full kitchen
—
or no kitchen. In addition these facilities may have communal dining-aneas
recreation facilities (library joun_qegame room) laundry facilities and open space.
An assisted livin fg acility is not a group hams ar a residential facility with health
care.
Gangfe-ea,to mrcL. . 4es
feFsh&re4-useef4�, �,d-„-as-,�,tehens-, 4
StFeh-eei�Rp4e-*es-niay--a�pfevtde-kitehens-and-dffHng-.paee-tn-ffKhvidua[Awe"
a-c-ofwaleseent-herric-
C-Ofw
th_e- afe-t�nabte4e-pfopefly-eafe--f�af
e-ofAV-a-_hmgt&n
itht�Fewate��r!83. 14�C�.
15.02.125 Dwelling, multiple-family.
Multiple-family dwelling means a residential building designed for or occupied by
three (3) or more families, with the number of families in residence not exceeding
the number of dwelling units provided. This definition also includes independent
sen r.
15.02.131 Emergency housing, emergency shelter.
Emergency housing, emergency shelter means a facility operated publicly or
privately to provide housing for individuals or families who are otherwise homeless
and have no immediate living options available to them. Such facilities may also
provide support services food d sanitation. Emergency housing shall not exceed
a ninety (90) day period per individual or family.
15.02.135 Family.
Family means an individual- two or more persons related by-bloodmarriage or
state p-under chapter r
more disabled residents Housing Act Amendments who
are not related by blood. marriage ar state registered domestic partnership under
chapter group of six or
few registered
domestic partnership under chapter 26.60 RCW living th e r t t e�a s�as single
gle
housekee:)i i unit- or a group Iivinc7 arranc7ement where six or fewer residents
receiveor medical osuerv�ision
at the dwelling unit by resident ar non resident staff excluding_Class II and III
group homes. ated-bv-b4ned-ef4egar"an%ha1
fekat ,
9FIDUP+'&�
defme4-ff��G-15-.G2-47-3.
15.02.173 Group home.
A. Class I group home. Class I group home means publicly or privately operated
residential facilities such as state-licensed foster homes and group homes for
children; group homes for individuals who are developmentally, physically, or
mentally disabled; group homes or halfway houses for recovering alcoholics and
former drug addicts; and other groups not considered within class II or III group
homes.
1. Group home, class I-A. A class I-A group home shall have a maximum of seven
f-E)six 61 residents not including resident staff.
2. Group home, class I-B. A class I-B group home shall have a maximum of ten
(10) residents including resident staff.
B. Class II group home. Class II group home means publicly or privately operated
residential facilities for juveniles under the jurisdiction of the criminal justice
system. These homes include state-licensed group care homes or halfway homes
for juveniles which provide residence in lieu of sentencing or incarceration, and
halfway houses providing residence to juveniles needing correction or for juveniles
selected to participate in state-operated work release and pre-release programs.
The planning director shall have the discretion to classify a group home
proposing to serve juveniles convicted of the offenses listed under class III group
home in this section as a group home class III, and any such home shall be sited
according to the regulations contained within the group III classification.
1. Group home, class H-A. A class II-A group home shall have a maximum of eight
(8) residents including resident staff.
2. Group home, class H-8. A class II-B group home shall have a maximum of
twelve (12) residents including resident staff.
3. Group home, class H-C. A class II-C group home shall have a maximum of
eighteen (18) residents including resident staff.
C. Class III group home. Class III group home means privately or publicly operated
residential facilities for adults under the jurisdiction of the criminal justice system
who have entered a pre- or post-charging diversion program, or been selected
to participate in state-operated work/training release or other similar programs as
provided in Chapters 137-56 and 137-57 WAC. Such groups also involve individuals
who have been convicted of a violent crime against a person or a crime against
property with a sexual motivation and convicted or charged as a sexual or
assaultive violent predator. Secure community transition facilities are considered
class III group homes. Secure community transition facilities shall have a maximum
of three (3) residents, excluding resident staff, unless the state agency proposing to
establish and operate the facility can demonstrate that it has equitably distributed
other secure community transition facilities with the same or a greater number of
residents in other jurisdictions or communities throughout the entire geographic
limits of King County.
15.02.335.3 Resiclent��l f���l�ty nth health care
Residential facility with health care means a medically staffed facility intended for
the long term residential care of mare than ten (10) handicapped individuals who
because of age ar medical condition, are incapable of independent living. This
definition also includes RCW 18.51.010and continuing
care retirement co not include
group homes.
15.02.528 Transitional housing.
Transitional housing means a facility owned by a public hausinc7 authority nonprofit
organization ar other public inte�rest groups h�ousin t�oersons persons a
temporary o exceed 24 months inconjunction with
training d human services-counseling,
Transitional t accommodation. Transitional housing does
not include group homes.
+ndwidtFat-,-ef4an+Fhes-whe-aFe-eW
eed-a4wenty-fetif
S:\Permit\Plan\ZONING—CODE—AMENDMENTS\2013\ZCA-2013-1 GroupResidentialFacilities\LUPB\6-10-13\15.02
Proposed Changes.doc
15.04.020 Residential land uses.
Zoning Districts
b O O
I t t
H .- .- N t' t' _
KeyP- t L L a
= Principally b m E
Permitted Uses y o y y a
S=Special Uses ' 'o - 'o 'o v r r v = 2 v m m o
C=Conditional Uses 'o a s a. c U. j'i, c c a c c t '- b
A=Accessory Uses m - " v '+' '+' v " " a `a E E m - E E ` y`� o E = C 'o
U `m E 0 0 m m
E °� z a E v E U U _ g o o `m
'� a a a a a £ H £ a E E E `m `m E E U o m b E
v
- a .E 2 E E £ E E c' H E ° 8 U - - E C �' — a' U
a v u u v E ov x r = 3 a. a. v `v 8
3 0 3 3 a' E E —
E 8 3 a a 3 E E m o b ? a a m u v
o £ i 0 .v E 3 0 £ a u u v 8' a' a F, c�
U U0 o° c' ci u z N c� x S y 'E c� U
U' C C C C C 2 0 0 0 U H H U £ £ U U Q N M ai
Q Q Cc Cc Cc Cc Cc £ £ £ £ £ £ £ Z U O O £ £ £ U U 0 O £ £ £ £ £ U'
One single-family P P P P P P P P P P P P P P A A A A
dwelling per lot
One duplex per lot P P P P
(27)(23)(23)
One modular home P P P P P P P P P P P P
per lot
Duplexes P P P P P P P P P
(27)(27)(27)(22)
Multifamily P P P P P P P P P P P P P P P P C
(23)(23)(23) (1s)(14) (2 (4)C (2) (2) (15)
townhouse units
11 (20)(2p) (5)
P P P P P P P P P P P P P C
Multifamily dwellings (26)(26) (2) (4) (2) (2) (15)
C
(5)
Muk4amify-d.fings P P P P P P e
Mobile homes and P
manufactured homes
Mobile home parks P P P P P P P
(13)(13)(13)(13)(13)(13)
Group homes class I- P P P P P P P P P P P P P P P P P C P P w w C P
A _ _
Group homes class I- P P P P P P P P P P C P P C C C P
B
FiR)nFIK)mE s c4ass 1- C C E C P P P P P P 4 C C C C E P
F.-
Group homes class C C C C C C C C C C C C C C C C C
II-A
Group homes class C C C C C C C C C C C C C C C C C
II-B
Group homes class C C C C C C C C C C C C C C C C C
II-C
Group homes class C c C C C C C C C C C C
III (23)(23)(23)(23)(23)(23)(23)(23)(23)(23)(23) (24)
I Rebuild/accessory P P P P P P P P P P P P P P P P P P
uses for existing (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6)
dwellings
Y e e C L H H ( ( P S
L22)L22)L22) Lz) 9) 7) 7) Lz) Lis)
Transitional housing c c' tc'
Zoning Districts
b o
C O O L y t t
ICeY C O
a C C r r m m E o 0
P= Principally Yi, o Yi, 1'i, - o o Permitted Uses 'o — 'o 'o u r r v —' °�' N v - - v °, °, ti —
S=Special Uses o — a — — a — — a c b c c a
C=Conditional Uses — r a c,a v a a v a a a v _
A=Accessory Usesdo m — _ E E o o ,., E y b —
o EI a v a a a s a a £ `_a i `m u u a > > — '° ° o ti' .o °
S E E E - - `m c c b U `v
E E o m m E E g o y '- b E
v
m — LL LL a £ E E H o m E r `g 8U a. a. ° E C g c a a.
v v x c 3 3 a. v `v — c
E E b - 1p 1'i, s — 3
3 a o o `vi' a' i°' v +)'
z EO o o° ,. N U `-' `v � a a' SE v
U V 0 U U C N U' U
U U U U H H U £ £ U ° Q N M ai
Q Q Cc Cc rn rn rn £ £ £ £ £ £ £ Z U O O £ £ £ U U U' O £ £ £ £ £ U'
Guest cottages and A A A A A A A A
houses (e) (e) (e) (e) (e) M (e) M
(zl)(zl)(zl)(zl)(zl)(zl)(zl) (zl)
Rooming and A A A A A A A A A A
boarding of not more
than three(3)
persons
Farm worker A A A A
accommodations (17)(s) (17) (s)
Accessory uses and A A A A A A A A A A A A A A A A A A A A A A A A A A A A A
buildings customarily (18)(18)(18)(18)(18)(18)(18)(18)(18)(18)(18)
appurtenant to a
permitted use
Accessory dwelling A A A A A A A A A A A A A A A A A
units (1 (10)(10)(10)(10)(10)(10)(10)(10)(10) (10) (10)(14)(14)(14) (10)(10)
Accessory living A A A A A A A A 114))
A A A A A
quarters (14)(14)(14)(14) (14)(14)(14)(14) (14)(14)(14)(14)(14)
Home occupations 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 A A A A
(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)Service buildings A
Storage buildings and A A A A A A A A A AA A A
storage of (16) (16)(16)(16)(16)(16)(16)(16)(16)(16)(16)(16)
recreational vehiclesDrive-in churches C C C C C C C C C C C C C C C C C C C C C CC C C C C C
.[fare fechit es H-z-)(I
(ind.ohne}."erg..,
f,elter);retire...A
hemEsj r w 4e^sx•,t
hao s,andtetlre,
welfare-faciliftEs
whetlra,UnbatelYar
f"Wicly'np.ratedf
facilities to,
rehalAIR.hsrt or
FAf£ectier"etc,:
finerggn"y'.ing,_ c c. c. c. c c. c. c c. c. c. c. c. c. c. c.
c.rnc e."y hE.lter
1(25)
C C P P P P P P P P P C C P P c
fa,iI.He"7 living L"1))izZ)izZ) Lz) Ln)
hs:ilitie s c.
C C P P P P P PP P C C P P F
fiehealt careti <: Lz2)Lz2)Lz2) Lz) L9)with health care cLClDesignated P P P P P P PPPmanufactured home (zs) (zs)(zs)(zs)(zs)(zs)(zs)(zs)(zs)
15.04.030 Residential land use development conditions.
1. Dwelling units, limited to not more than one (1) per establishment, for security
or maintenance personnel and their families, when located on the premises where
they are employed in such capacity. No other residential use shall be permitted.
2. Multifamily residential use ar other residential facilities where allawed shall be
permitted only in the mixed use overlay when included within a mixed use
development.
3. [Reserved].
4. Multifamily residential uses ar other residential facilities where allawed, when
established in buildings with commercial or office uses, and not located on the
ground floor.
5. Multifamily residential uses, or other residential facilities where allawed when
not combined with commercial or office uses.
6. Existing dwellings may be rebuilt, repaired, and otherwise changed for human
occupancy. Accessory uses for existing dwellings may be constructed. Such uses
are garages, carports, storage sheds, and fences.
7. Transitional housing facilities, limited to a maximum of twenty (20) residents at
any one (1) time and four (4) resident staff.
8. Guesthouses not rented or otherwise conducted as a business.
9. Farm dwellings appurtenant to a principal agricultural use for the housing of farm
owners, operators, or employees, but not accommodations for transient labor.
10. Accessory dwelling units shall not be included in calculating the maximum
density. Accessory dwelling units are allowed subject to the provisions of KCC
15.08.350.
11. Customary incidental home occupations subject to the provisions of KCC
15.08.040.
12. E) n-r `y-( F sK e-n s
€ es Deleted.
13. Subject to the combining district requirements of the mobile home park code,
Chapter 12.05 KCC.
14. Accessory living quarters are allowed per the provisions of KCC 15.08.359.
15. Multifamily residential use ar ather residential facilities where allawed. shall be
permitted as a conditional use only when included in a mixed use development.
16. Recreational vehicle storage is permitted as an accessory use in accordance
with KCC 15.08.080.
17. Accommodations for farm operators and employees, but not accommodations
for transient labor.
18. 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.
19. The following zoning is required to be in existence on the entire property to be
rezoned at the time of application for a rezone to an MR-T zone: SR-8, MR-D, MR-
G, MR-M, MR-H, O, O-MU, NCC, CC, GC, DC, or DCE.
20. All multifamily townhouse developments in the MR-T zone shall be recorded as
townhouses with ownership interest, as defined in KCC 15.02.525.1, prior to
approval of a certificate of occupancy by the city.
21. Subject to KCC 15.08.160(A) and (B), Accessory buildings.
22. One (1) duplex per lot is permitted.
23. Secure community transition facilities are permitted only in the GWC zoning
district.
24. Class II and class III group homes, other than secure community transition
facilities, are not allowed in this zoning district. A secure community transition
facility shall also comply with applicable state siting and permitting requirements
pursuant to Chapter 71.09 RCW. Secure community transition facilities are not
subject to the siting criteria of KCC 15.08.280 for class III group homes, but they
are subject to a six hundred (600) foot separation from any other class II or III
group home. In no case shall a secure community transition facility be sited
adjacent to, immediately across the street or parking lot from, or within the line of
sight of risk potential activities or facilities in existence at the time a site is listed for
consideration. Within line of sight means that it is possible to reasonably visually
distinguish and recognize individuals. For the purposes of granting a conditional use
permit for siting a secure community transition facility, the hearing examiner shall
consider an unobstructed visual distance of six hundred (600) feet to be "within line
of sight." During the conditional use permit process for a secure community
transition facility, "line of sight' may be considered to be less than six hundred
(600) feet if the applicant can demonstrate that visual barriers exist or can be
created that would reduce the line of sight to less than six hundred (600) feet. This
distance shall be measured by following a straight line, without regard to
intervening buildings, from the nearest point of the property or parcel upon which
the proposed use is to be located, to the nearest point of the parcel or property or
the land use district boundary line from which the proposed use is to be separated.
For the purpose of granting a conditional use permit for a secure community
transition facility, the hearing examiner shall give great weight to equitable
distribution so that the city shall not be subject to a disproportionate share of
similar facilities of a state-wide, regional, or county-wide nature.
25. A designated manufactured home is a permitted use with the following
conditions:
a. A designated manufactured home must be a new manufactured home;
b. The designated manufactured home shall be set upon a permanent foundation,
as specified by the manufacturer, and the space from the bottom of the home to
the ground shall be enclosed by concrete or an approved concrete product that can
be either load bearing or decorative;
c. The designated manufactured home shall comply with all city design standards
applicable to all other single-family homes;
d. The designated manufactured home shall be thermally equivalent to the State
Energy Code; and
e. The designated manufactured home shall meet all other requirements for a
designated manufactured home as defined in RCW 35.63.160.
26. Multifamily dwellings shall be allowed only within the Kent downtown districts
outlined in the Downtown Strategic Action Plan and shall be condominiums recorded
pursuant to Chapter 64.32 or 64.34 RCW or similar dwelling units with ownership
interest and recorded as such prior to approval of a certificate of occupancy by the
city.
27. Within subdivisions, as defined by KCC 12.04.025, vested after March 22, 2007,
or altered to comply with zoning and subdivision code amendments effective after
March 22, 2007, twenty-five (25) percent of the total number of permitted dwelling
units may be duplex or triplex townhouse structures.
28. Live-work units; provided, that the following development standards shall apply
for live-work units, in addition to those set forth in KCC 15.04.190:
a. The unit shall contain a cooking space and sanitary facility in conformance with
applicable building standards;
b. Adequate and clearly defined working space must constitute no less than fifty
(50) percent of the gross floor area of the live-work unit. Said working space shall
be reserved for and regularly used by one (1) or more persons residing there;
c. At least one (1) resident in each live-work unit shall maintain at all times a valid
city business license for a business on the premises;
d. Persons who do not reside in the live-work unit may be employed in the live-
work unit when the required parking is provided;
e. Customer and client visits are allowed when the required parking is provided;
f. No portion of a live-work unit may be separately rented or sold as a commercial
space for a person or persons not living on the premises, or as a residential space
for a person or persons not working on the premises;
g. The multiple-family design guidelines and development standards do not apply to
live-work units;
h. Construct all nonresidential space, to the maximum allowed, to commercial
building standards; and
i. Provide an internal connection between the residential and nonresidential space
within each unit.
29. Subject to the maximum permitted density of the zoning district.
30. Conditional use when the number of residents exceeds twenty (20} at any one
(1} time and four (4) resident staff.
S:\Permit\Plan\ZONING_CODE_AMEN DMENTS\2013\ZCA-2013-1 GroupResidentialFacilities\LUPB\6-10-13\Table
15.04.020.doc