HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 07/22/2013 (5) ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
Charlene Anderson, AICP, Manager
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Phone: 253-856-5454- KENT Fax: 253-856-6454
WASH 1 N G T O N 220 Fourth Avenue S, Kent, WA
98032-5895
AGENDA
LAND USE & PLANNING BOARD
PUBLIC HEARING
JULY 22, 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: Fred Satterstrom, AICP, Planning Director; Charlene Anderson, AICP,
Planning Manager; Katie Graves, Planner; Gloria Gould-Wessen, AICP, Long-Range
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, July 22, 2013, at 7:00 P.M. in Kent City Hall, City Council Chambers
East and West, 220 41h Avenue South, Kent, WA.
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
amendments may do so at the hearing or prior to the hearing by email to either
Katie Graves (KG) at: ka rave sCa)kentwa.aov or to Gloria Gould-Wessen (GGW) at:
ctaould-wessenCd)kentwa.gov.
The agenda will include the following item(s):
1. Call to order
2. Roll call
3. Approval of the July 8, 2013 Minutes
4. Added Items to Agenda
5. Communications
6. Notice of Upcoming Meetings
7. PUBLIC HEARING:
1. ZCA-2013-1 Residential Facilities Regulations Code Amendment (KG)
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.
2. Downtown Subarea Action Plan (CPZ/CPA-2012-1) (GGW)
Downtown Subarea Action Plan-Zoning Districts & Comprehensive Plan
Map Amendments (CPZ/CPA-2012-1)
Draft Downtown Subarea Action Plan (DSAP) Supplemental
Environmental Impact Statement (DSEIS)
Mixed Use Overlay Regulations Code Amendment (ZCA-2013-2)
The Land Use & Planning Board will continue the public hearing from July
8th to consider the DSAP policy document that contains actionable items
intended to implement the vision for downtown Kent; to consider zoning
and land use plan map amendments within the Downtown Subarea; and to
welcome comments on the analysis of the potential impacts of alternative
land use patterns, land use plans and policies, transportation, parks and
recreation within the Downtown Subarea.
Further, the Board will consider proposed code amendments to Kent City
Code (KCC) Title 15, Zoning; Chapter 15.02 Definitions, as well as
15.04.190, 195, 200, 205 and 15.09.046 related to the mixed use overlay
in the General Commercial (GC) zoning district, and correcting a code
reference to design guidelines within downtown. The mixed-use overlay
amendments will apply city-wide.
For further information or a copy of the staff report(s) or text of the proposed
amendment(s), contact the Economic & Community Development Office at
(253) 856-5454. You may access the City's website for available download
documents pertaining to the Land Use and Planning Board at:
http://kentwa.igm2.com/citizens/Default.aspx?DepartmentID=1004.
Any person requiring a disability accommodation should contact the City in Advance for
more information. For TDD relay service for Braille, call 1-800-833-6385, for TDD relay service for
the hearing impaired, call 1-800-833-6388 or call the City of Kent Economic & Community
Development directly at(253) 856-5499 (TDD) or the main line at(253) 856-5454.
July 22, 2013
Land Use and Planning Board
Hearing Agenda
Page 2 of 2
LAND USE & PLANNING BOARD
MINUTES
•
KE T JULY 8, 2013
W� �T.l
Land Use & Plannina Board Members: Chair Jack Ottini, Vice Chair Barbara Phillips,
Frank Cornelius, Steve Dowel l-a bsent/u nexcu sed, Navdeep Gill, Alan Gray, and Randall
Smith. Ottini called the meeting to order at 7:00 pm.
City Staff: Economic & Community Development (ECD) Director Ben Wolters, Planning
Director Fred Satterstrom, Long-Range Planner Gloria Gould-Wessen, Assistant City
Attorney Kathy Hardy
3. Approval of Minutes
Board member Gray Moved and Board member Phillips Seconded a Motion to
approve the January 28, 2013 Minutes. Motion CARRIED 6-0 with Dowell absent.
4. Added Items - None
S. Communications - None
6. Notice of Upcoming Meetings - None
7. Public Hearing
7.1 Downtown Subarea Action Plan;Zonina Districts &Comprehensive Plan Map
Amendments, and Supplemental Environmental Impact Statement rCPZ/CPA-2012-11
Wolters lead the introduction stating that Kent has made great strides towards improving
downtown, stating that the city's efforts to improve downtown is part of a renaissance
happening on a nationwide scale. He cited examples such as; ShoWare, Kent Station and
the construction of the Commuter Rail Station. He stated that the economy is recovering
and the city is realizing opportunities to add more private investment. Wolters stated that
Kent's focus is on creating urban centers which includes bringing housing to downtown.
Satterstrom presented a fly-over sketch up, illustrating how downtown could look and
envisioning what the narrative would suggest. Buildings are depicted from 2-5 stories in
height and encourage a mix of uses for business, commercial and residential as encouraged
by the Downtown Subarea Action Plan (the Plan). The Plan looks at the potential for
incentivizing a designated area within a depressed part of downtown to encourage
development by reducing or eliminating specific development fees.
Gould-Wessen stated that that the City conducted an analysis of land use actions which are
incorporated in the Plan. Gould-Wessen submitted the following exhibits for the record:
(Exhibitl) Email Comments received from Paul Seim, Mill Creek Neighborhood; (Exhibit 2)
Email Comments and letter received from Kelly Rider, Housing Development Consortium of
Seattle-King County; and (Exhibit 3) Email Comments and letter received from Chuck
Maduell with Davis Wright Tremaine LLP on behalf of K-Mart Corporation.
Gould-Wessen stated that the Plan is made up of four chapters and three appendices.
Chapter 1-describes the purpose and intent of the Plan to ensure that downtown Kent
remains the heart of the community. Chapter 2-describes the Downtown Study area in
detail, examines environmental conditions, demographic and economic trends, growth
estimates and expectations, and includes three alternative growth estimates; (1) no action,
(2) moderate growth, and (3) high growth. Chapter 3-describes a 20-year Vision for
Downtown guided by nine Planning Principles endorsed by Kent City Council and that
maintains downtown as the heart of Kent. Staff conducted web-based surveys receiving
over 500 responses. The Vision envisions downtown as a buzz of activity with more people
living downtown, where businesses will stay open later, where bike lanes will be designed
for easy commuting, and where compatibility will exist between the urban and residential
areas. The Vision builds downtown with sustainability in mind by using green technology
such as low impact development techniques and installation of electric vehicle charging
facilities. Chapter 4-is the Framework for Downtown consisting of 47 goals, policies and 2
actions related to distinct downtown districts. Gould-Wessen stated that Actions are a 'to
do' list and that the Plan is an active action-oriented document with an ultimate intent for
Council to adopt these actions.
Gould-Wessen stated that the DRAFT Environmental Impact Statement (DEIS) incorporates
the Actions and informs the Plan. The DSEIS includes a detailed report by Berk and
Associates analyzing the three action alternatives and includes a summary of impacts and
mitigation measures. The DSEIS deals with key environmental issues. For example the
Transportation Section considers impacts to alternative modes of transportation such as
bicycling, pedestrian and transit.
Gould-Wessen identified eleven (11) proposed Comprehensive Plan Land Use Map
Amendments describing them as: LU-1 amends Industrial (I) to Urban Center (UC) to
coincide with its Multifamily use; LU-2 amends Mobile Home Park (MHP) to UC; LU-3
amends Medium Density Multifamily (MDMF) to UC; LU-4 amends I to UC, housekeeping
amendments; LU-5 amends Mixed Use (MU) to Industrial acknowledging existing industrial
uses; LU-6 amends MDMF to UC due to existing multifamily; LU-9 amends I to UC in
keeping with the vision for downtown; LU-10 amends Parks and Open Space (OS) to UC
(ShoWare's location); and LU-11 amends Low Density Multifamily (LDMF) to UC to
accommodate a mix of housing and commercial uses.
Gould-Wessen identified several proposed Zoning Districts Map rezones such as rezoning
the historic downtown area along Meeker Street from Downtown Commercial (DC) to
Downtown Commercial Enterprise (DCE) to allow for more development flexibility.
Incentives are needed to get development going and staff has found that downtown building
owners have disinvested themselves from their properties.
Gould-Wessen spoke about rezoning the site at the corner of Fourth and Cloudy and from
James to Cloudy (located next to ShoWare Center) that has great visibility from Multifamily
Residential Townhouse/16 Units per Acre (MRT-16) to DCE. Gray voiced concern that
rezoning those sites would encroach into the North Park Neighborhood and allowing further
commercial development would increase traffic congestion further impacting the North Park
area. Ottini asked what the height restrictions were for north of James to Cloudy.
In response to the Board members, Gould-Wessen stated that the purpose for rezoning the
Fourth and Cloudy area to DCE is to incentivize several smaller parcels that could be
grouped together for a larger development. That area houses a townhouse complex under
its existing zoning of MRT-16 which serves as a buffer for the neighborhood to the north.
Gould-Wessen stated that a Downtown Commercial Enterprise Transitional Overlay zone
was created a few years back specific to the eastern portion of downtown and is not
applicable to North Park. Mixed-Use Overlays need to be addressed city-wide. Not much
mixed use development exists in Kent due to heavy emphasis on residential and commercial
development as expressed through the City's regulations. Gould-Wessen stated that the
first step for Kent is to establish a plan than evaluate Kent's mixed-use regulations.
Board members Phillips and Gray stated that more emphasis needs to be placed on bringing
affordable housing to downtown, and questioned if there were a way to provide mixed-use
affordable housing options for those people who might otherwise be displaced and adopting
different language for inclusion in the Plan to address affordability.
With respect to affordable housing Gould-Wessen stated that the premise by the City as a
whole is that there many forms of affordable housing (included subsidized housing) exist
throughout the City and Kent would rather focus on providing vibrant, quality housing in the
downtown area.
Ottini called for a Motion to Accept the Exhibits into the record. Gray MOVED and
Smith SECONDED a Motion to accept three exhibits submitted by Gloria Gould-
Wessen for the record. Motion PASSED 6-0 with Dowell absent.
Chair Ottini declared the Public Hearing Open.
WPB Minutes
July 8,2013
Page 2 of
3
Chuck Maduell, 1201 3b Avenue, #2200, Seattle, WA 98101 stated that he represents the
interests of the K-Mart Corporation. Maudell stated that a rezone from General Commercial
(GC) to General Commercial/Mixed Use (GC-MU) could affect K-Mart's ability to maintain or
expand their retail operation at their West Valley location. He stated that a GC-MU zone is
more restrictive, subject to design review, and could position K-Mart as a nonconforming
use. Maduell suggested retaining the GC zone or a rezone to GC with a MU-Overlay.
Gary O'Keefe, 815 Is' Avenue N, Kent, WA 98032 voiced his concern that a downtown
rezone to DCE would wipe out any remaining downtown parks including the small Kiwanis
community park in his neighborhood. He cited the soccer fields that were removed to make
way for ShoWare Center. O'Keefe stated that the quality of life would diminish for children if
there is no place for them to play. He drew attention to the fact that bicycle connections
need to be improved particularly at Willis and Hwy 167.
Tina Budell, 323 W Cloudy St., Kent, WA 98032 stated that she is the President of the North
Park Neighborhood Association. She voiced opposition to rezoning the Fourth and James/
James to Cloudy Street site from MRT-16 to DCE as it would ruin the North Park community
consisting of 311 homes which includes apartments where 12 low-income working families
live in one-bedroom apartments who could be displaced were that area rezoned to DCE with
Mixed-Use development were higher end apartments or condominiums developed. She
recommended that the City should concentrate efforts on getting downtown property
owners to redevelopment their buildings.
Melvin Roberts, 9421 S 241s' St, Kent, WA 98030 stated that as a bicycling advocate,
Roberts opined about the importance for bike lane connectivity throughout Kent. He
specifically noted that the east/west bike path connections on both Meeker and James
Streets need to have lights installed, sidewalks added, availability to secured bicycle parking
facilities- i.e. bike racks or bicycle cages. Roberts encouraged staff to include provisions that
provide for bicycle lanes when developing. Roberts cited facts that showed when bicycle
traffic increased, businesses saw their customer base double.
Barbara Smith, 202 W Gowe St., Kent, WA 98032 stated that she is the Executive Director
of the Kent Downtown Partnership and voiced her support for the Vision for historic
downtown Kent and stating that lighting, bicycling, landscaping and extending outdoor
restaurant seating is important.
Greg Blount, Manufactured Housing Community Preservationist, PO Box 22167, Seattle, WA
98122-0167 stated that he owns Paradise Mobile Home Park which includes 40 households
made up of single individuals and immigrant families who receive Community Development
block grant funding. He stated that he purchased the Bonel Mobile Manor and voiced his
concern that these parks could become a nonconforming use and that the opportunity to
maintain those sites as mobile home parks could be jeopardized. Mr. Blount asked for
assurance that they would not lose their vesting and that these proposed changes would not
jeopardize their manufactured housing.
Wade Schwartz, 207 E Meeker St., Kent, WA 98032 stated that his business is located in a
one story building in downtown. He voiced concern that if developers tear down the single
story buildings to develop 4-5 story buildings, it will destroy the affordability for small
business owners to remain in downtown. Schwartz recommended that the City should retain
the small downtown businesses and assist the downtown in rejuvenating itself. He asked for
clarification on how the city intends to upgrade the historic downtown. Schwartz
recommended that perhaps the city could look at options to merge the two sets of train
tracks into one area, in order to free up access to downtown and reduce response time for
emergency vehicles to the downtown area.
Elizabeth Peterson, 924 3a' Avenue N, Kent, WA 98032 stated that she has lived in the
North Park Neighborhood since 2010 and appreciates the easy access to the Interurban
Trail. She supports commercial uses north of James Street but asked that the City stay out
of North Park and concentrate efforts within historic downtown Kent.
WPB Minutes
July 8,2013
Page 3 of
Bill Doolittle, 412 Washington Avenue N #31, Kent, WA 98032 stated that he has lived in 4
Kent for 40 years, that times have changed and we need to accept that growth is inevitable.
Seeing no further speakers, Ottini declared the Public Hearing Closed.
Gould-Wessen addressed Mr. O'Keefe, Mr. Blount and Mr. Schwartz's concerns regarding
parks, mobile home parks and historic downtown Kent by stating that it is not the city's
intent to take and redevelop them into something else, that Mobile Home Park zoning is not
changing and that the reference to upgrading historic downtown Kent implies that although
there has been neglect, downtown is vibrant enough for those property owners to invest in
and upgrade their buildings.
Satterstrom addressed Mr. Maduell's concerns concerning rezoning the K-Mart site to GC-
MU by stating that GC-MU may add some development restrictions but will not limit K-Mart
from expanding through a conditional use permit if they wish. It is not staff's intent to limit
GC uses.
Satterstrom addressed the North Park Community's concerns. He stated that the city
recognizes the importance of the surrounding neighborhoods acknowledging the symbiotic
relationship of the North Park, Mill Creek, Scenic Hill, and SoDo communities recognizing
that downtown survives because of these neighborhoods. It is not the city's intent to
systemically destroy those neighborhoods. The MRT-16 zone has served as an expression of
the urban center and was initially rezoned to act as a transition zone. Satterstrom stated
that zoning near North Park will remain primarily the same even with rezoning MRT-16 to
DCE for the site located west of Fourth Avenue, between Fourth and Fifth Avenue, bounded
on the West side by ShoWare and on the North by Cloudy. Satterstrom stated that staff is
open to reviewing design guideline regulations to address concerns related to protecting
property from excessive shading due to the bulk and height of buildings.
Board Members Ottini, Gray, Smith and Phillips supported a continued hearing to July 22"'
Ottini clarified for Satterstrom that the Board's concerns related to how rezoning would
affect the North Park area, K-Mart, and the area south of Meeker Street. Satterstrom
assured the Board that he would talk to Public Works regarding accessibility impacts and will
take a closer look at zoning action taken 8 years ago for the subject site located near North
Park proposed to be rezoned from MRT-16 to DCE.
Gray MOVED and Smith SECONDED a MOTION to continue the hearing to July 22,
2013. Motion CARRIED 6-0 with Dowell absent.
Adiournment
Ottini adjourned the meeting at 9:25 pm
Charlene Anderson, AICP, Planning Manager/Board Secretary
WPB Minutes
July 8,2013
Page 4 of
ECONOMIC & COMMUNITY DEVELOPMENT 5
Ben Wolters, Director
PLANNING DIVISION
Fred Satterstrom, AICP, Director
• Charlene Anderson, AICP, Manager
K E N T
was n Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
July 15, 2013
TO: Chair Jack Ottini and Land Use & Planning Board Members
FROM: Katie Graves, Planner
RE: Code Amendments Group Living Facilities, KCC 15.02 and 15.04
[ZCA-2013-1]
For the July 22, 2013 LUPB Hearing
MOTION: Recommend to the City Council approval of amendments to
KCC 15.02 Definitions and 15.04 Residential Land Uses as recommended
by staff/as modified.
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. Staff presented
proposed amendments to this code section at the May 131h and June loth Land Use
and Planning Board workshops. 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. 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 health
care. Attached are potential code amendments to be discussed. In addition to
these amendments, there is one minor item included in 15.02.173.C, definition for
Class III group home that does not constitute an amendment to code but rather is
a technical correction of an error made during a prior code publication.
BACKGROUND: As part of the Council's Strategic Plan related to transforming
regulatory processes, staff presented a draft list of potential code amendments at
the Land Use and Planning Board workshop on July 11, 2011, which included
changes to Title 15, and group living facilities. Additional amendments are brought
forward as the code sections are reviewed in more detail. The attached code
sections include amendments to the residential land use table, as well as definitions
for various uses outlined in the table that relate to group living facilities. 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.
RECOMMENDATION: Staff recommends approval of the amendments.
KH/pm S'.APerm l t\Pl enAZONI NG_CODE_PMENDMENTS\2013\ZCA-2013-1 Groupkesl dental Fe al l ti es{WPB/]-22-13V072213H ra_SYeffi ptdoc
Att: Attach A: Potential Code Amendments to Title 15 Zoning Code
cc: Fred Satterstrom,AICP,CD Director
Charlene Anderson,AICP,Planning Manager
Project Hie
6
This page intentionally left blank.
ATTACHMENT A
7
15.0 2.0 2 6.1 AgajEted living fa�ilit
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.
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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.
8
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 ar mare persons related by blood marriage ar
state
more disabled residents
are p_�d e r
chapter group of six or
few registered
do single
housekee:)i i unit- or a group livinci arranc7ement where six or fewer residents
receiveor medical Asuerv�ision
at the dwelling unit by resident ar non resident staff -e�Iudin _Class II_andIII
group homes. Iated4)y
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
Msix 61 residents not including resident staff.
9
2. Group home, class I-8. 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, er—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.
10
15.02.335.3 8esiclential facility ith health care
Residential facility with health care means a medically-staffed-facility intended for
the long term residential care of mare than ten (10} handicaRped individuals whaR
because n . 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 awned by a public housing authority nonprofit
organization ar other public inte�rest groups h�ousin to persons�on a
temporary o exceed 24 months inconjunction with
training, human services counseling or
other similar services. Transitional housing is not a transient accommodation.
TransitionalHyat*
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S:\Permit\Plan\ZONING_CODE_AMEN DMENTS\2013\ZCA-2013-1 GroupResidentialFacilities\LUPB\7-22-13\15.02
Proposed Changes.doc
11
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'
12
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 —
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accommodations (17)(s) (17) (s)
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buildings customarily (18)(18)(18)(18)(18)(18)(18)(18)(18)(18)(18)
appurtenant to a
permitted use
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units (1 (10)(10)(10)(10)(10)(10)(10)(10)(10) (10) (10)(14)(14)(14) (10)(10)
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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
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13
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 Reserved.
13. Subject to the combining district requirements of the mobile home park code,
Chapter 12.05 KCC.
14
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
15
(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:
16
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
17
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
• PLANNING DIVISION
Fred N. Satterstrom, AICP, Director
KEN T Charlene Anderson, AICP, Manager
WASH INGrow
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
July 16, 2013
To: Jack Ottini, Chair and Land Use and Planning Board Members
From: Gloria Gould-Wessen, AICP, GIS Coordinator/Long Range Planner
Subject: Downtown Subarea Action Plan (CPZ/CPA-2012-1) (KIVA-2120882)
and Draft City of Kent Downtown Subarea Action Plan/Planned Action
Supplemental Environmental Impact Statement
Continued Public Hearing - July 22, 2013
MOTION: No Action.
SUMMARY: On July 8, 2013, the Land Use & Planning Board (LU&PB) held a public hearing
on the Downtown Subarea Action Plan, the associated Comprehensive Plan and Zoning Map
Amendments, and accompanying Draft City of Kent Downtown Subarea Action Plan/Planned
Action Supplemental Environmental Impact Statement. The public hearing was continued to
July 22, 2013. This staff report addresses the questions raised by the LU&PB at the July 81h
public hearing. Staff will present additional information at the July 22"d public hearing.
QUESTIONS & RESPONSES:
1. What are the impacts of the proposed rezone from General Commercial (GC) to General
Commercial Mixed Use (GC-MU)?
Staff researched the development regulations associated with GC and GC-MU and
concluded that there were differences that would restrict redevelopment on said
properties. In order to address some of the differences, ZCA-2013-2 will be presented
at the July 22nd LU&PB public hearing.
2. What is the zoning history in the North Park Neighborhood?
The DSAP Study Area zoning history is as follows: 1984-Duplex Multifamily Residential
(MRD); 1990-Residential 5,000 sq. ft. (R1-5.0); 1997-Single Family 8 (SR-8); and
2005-Downtown Commercial Enterprise (DICE) and Multifamily Residential Townhouse
(MRT-16).
3. What is affordable housing?
Affordable Housing is a term with varying definitions. Most often, affordable housing
refers to home sales price and rent payments affordable to household income levels of
80%, 50% and 30% of Area Median Income. Alternatively, affordable housing is defined
by the City's Comprehensive Plan as "adequate, appropriate shelter, costing no more,
with utilities, than 30% of the household's gross monthly income".
GGW/FS/pm S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2012\CPA-2012-1 Downtown\LUP13\07-22-13\Staf Rvport_Answers.docx
cc: Ben Wolters, ECD Director
Fred Satterstrom,AICP, Planning Director
Charlene Anderson,AICP, Planning Manager
David Galazin,Assistant City Attorney
Project File CPZ/CPA-2012-1
18
This page intentionally left blank.
19
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
• PLANNING DIVISION
Fred N. Satterstrom, AICP, Director
KEN T Charlene Anderson, AICP, Manager
Wnsu INGTON
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
July 16, 2013
To: Jack Ottini, Chair and Land Use and Planning Board Members
From: Gloria Gould-Wessen, AICP, GIS Coordinator/Long Range Planner
Subject: Mixed Use Overlay Regulations Code Amendment
(ZCA-2013-2) (KIVA-RPP6-2132552)
Public Hearing — July 22, 2013
MOTION: Recommend to the City Council approval/denial/modification
of the Mixed Use Overlay Regulations Code Amendments pertaining to
the General Commercial Mixed Use (GC-MU) Zoning District and the
correction to the code reference for Downtown Design Review.
SUMMARY: On July 8, 2012 the City of Kent Land Use & Planning Board (the
Board) held a public hearing on the Downtown Subarea Action Plan and
corresponding Zoning Districts & Comprehensive Plan Map Amendments (CPZ/CPA-
2012-1) (KIVA-2120882). The Board held workshops on the project on June 25,
2012, October 22, 2012, May 28, 2013 and June 24, 2013. The July 22nd public
hearing continues the public hearing related to these items. The Downtown Subarea
Action Plan (DSAP) contains actionable items intended to implement the vision for
downtown Kent. The proposed Mixed Use Overlay Regulations Code Amendment
(ZCA-2013-2) with the correction to the code reference for Downtown Design
Review are actions that will implement the DSAP and respond to some of the
concerns expressed during the July 81h public hearing.
BACKGROUND: The Downtown Subarea Action Plan is a policy document that
supports the Kent Comprehensive Plan and regional policy documents such as
VISION 2040, Transportation 2040, and King County Countywide Planning Policies.
The DSAP contains actionable items intended to implement the vision for downtown
Kent as a memorable, compact, livable community that is economically vital,
environmentally sustainable, and supported by a variety of transportation options.
The following policies and actions within the Land Use Element of the DSAP support
the proposed code amendments to the Mixed Use Overlay Development Standards
and the correction to the code reference for Downtown Design Review:
20
Policy LU-2: Encourage medium- and high-density development in Downtown
through development regulations and design standards to provide an attractive,
livable and high-quality residential mixed-use urban environment.
• Action LU-2.1: Expand the diversity and density of uses in Downtown to
support a vibrant urban environment and ensure regulatory consistency.
b) Amend the development regulations to increase allowable building height
for General Commercial Mixed-Use (GC-MU) within Downtown to ensure a
more dense mix of office, retail, and housing options.
• Action LU-2.2: Ensure development regulations support a livable,
economically vibrant, and well designed Downtown.
a) Revise the Mixed-Use Overlay Development Standards to ensure that the
form of infill development is in keeping with the community's vision,
including minimizing the environmental impacts on adjacent residential
uses.
SUMMARY OF CODE AMENDMENTS:
The proposed code amendments to Kent City Code (KCC) Title 15 implement
selected policies and actions within the Land Use Element of the DSAP. The
amendments would apply to all real property with an existing zoning designation of
General Commercial Mixed Use (GC-MU) as well as proposed rezones of General
Commercial (GC) to GC-MU within the Downtown Study Area. The proposed code
amendments would be applied city-wide (see Attachment A).
The amendments broaden the range of development standards for GC-MU, bring
them closer to the existing standards for GC, and strengthen design standards for
GC-MU. The amendments also correct a code reference related to Downtown Design
Review. The proposed code amendments affect the following code sections: KCC
15.02 Definitions; KCC 15.04.190 Commercial and Industrial Zone Development
Standards table; KCC 15.04.195 Commercial and Industrial Land Use Development
Standard Conditions; KCC 15.04.200 Mixed Use Overlay Development Standards;
KCC 15.04.205 Mixed Use Land use Development Standard Conditions; and KCC
15.09.046 Downtown Design Review (see Attachment B).
In an effort to implement the DSAP Action LU-2.1b, staff proposes to increase
allowable building height for GC-MU to 65 feet. The proposed amendment to 65
feet would bring the allowable height closer to the existing GC height standards in
KCC 15.04.190 & 195 allowed through administrative or Board approvals. The
amendments would also change the requirement for 75 percent commercial in a
mixed use development to 5 percent and eliminate the 25 percent of residential
ZCA-2013-2
Mixed Use Overlay Regulations Code Amendment
LUPB Public Hearing
July 22, 2013
Page 2 of 3
21
required. The amendments eliminate the provisions which were intended to
incentivize development of mixed use on GC-MU, by removing the floor area ratio,
thereby encouraging the market to respond. The amendments also eliminate unique
parking requirements, rather referencing off-street parking requirements of Chapter
15.05.
In addition, the proposed code amendments implement Action LU-2.2a and
strengthen design review in GC-MU. The existing KCC 15.04.190 and KCC
15.04.195 provide for downtown design review (KCC 15.09.046) and mixed use
design review (KCC 15.04.045[F]) (although incorrectly reference section 'D' rather
than 'F'). The proposed code amendments correct both the mixed use reference and
correct the reference for multifamily design review (KCC 15.04.045[D]) so that
multifamily design review is required in the Downtown area.
RECOMMENDATION: Staff recommends adopting code amendments related to
the GC-MU zoning district and correcting an incorrect code reference related to
multifamily design review in the Downtown area.
GGW/FS/pm S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2012\CPA-2012-1 Downtown\LUP13\07-22-13\Staf Rvport_MixedU�Aocx
Enc: Attach A— Existing Zoning Districts Map and Land Use Plan Map; Attach B— KCC Code Amendments
cc: Ben Wolters, ECD Director
Fred Satterstrom,AICP, Planning Director
Charlene Anderson,AICP, Planning Manager
David Galazin,Assistant City Attorney
Project File ZCA-2013-2
ZCA-2013-2
Mixed Use Overlay Regulations Code Amendment
LUPB Public Hearing
July 22, 2013
Page 3 of 3
22
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ATTACHMENT B
LUPB HEARING 28
JULY 22, 2013
15.02.260 Mixed use development
Mixed use development shall mean two (2) or more permitted uses or conditional uses developed in conjunction
with one another on the same site. Provided that the aforementioned requirements are met, a mixed use
development may include two (2) or more separate buildings. Provided further, that at least twenty-five (25) percent
of the gross floor area, as defined in KCC 15.02.170, be a permitted commercial use except far mixed use
develapment in General Cammercial where at lust fiv as
defined in KCC 15.02.170 Ge a permitted commercial use. The residential component of any mixed use
development cannot be permitted or occupied prior to the (permitting and/or occupancy of) the commercial
component.
(Ord. No. 3092, § 1, 2-16-93, Ord. No. 3345, § 2, 5-7-97)
ZCA-2013-2
Mixed Use Overlay Regulations Code Amendment
Attachment-B
LUPB Public Hearing—July 22,2013
15.04.190 Commercial and industrial zone development standards. 29
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Mixed Use Overlay Regulations Code Amendment
Attachment- B
LUPB Public Hearing—July 22,2013 1 of 3
15.04.190 Commercial and industrial zone development standards. 30
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ZCA-2013-2
Mixed Use Overlay Regulations Code Amendment
Attachment- B
LUPB Public Hearing—July 22,2013 2 of 3
15.04.190 Commercial and industrial zone development standards. 31
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ZCA-2013-2
Mixed Use Overlay Regulations Code Amendment
Attachment- B
LUPB Public Hearing—July 22,2013 3 Of 3
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33
15.04.195 Commercial and industrial land use development standard conditions.
1. Minimum lot of record or five thousand (5,000) square feet, whichever is less.
2. None, except as required by landscaping, or if off-street parking is provided onsite. See the downtown design
review criteria outlined in KCC 15.09.046.
3. No minimum setback is required. If a rear and/or side yard abuts a residential district, a twenty (20) foot rear
and/or side yard setback may be required. See the downtown design review criteria outlined in KCC 15.09.046.
4. For properties abutting on West Valley Highway, the frontage on West Valley Highway shall be considered the
front yard.
5. The minimum front yard setback shall be related to the classification of the adjacent street. This classification
shall be determined by the city transportation engineer. The setbacks are as follows:
a. Properties fronting on arterial and collector streets shall have a minimum setback of twenty (20) feet.
b. Properties fronting on local access streets shall have a minimum setback of twenty (20) feet.
6. The minimum front yard setback shall be related to the classification of the adjacent street. This classification
shall be determined by the city transportation engineer. The setbacks are as follows:
a. Properties fronting on arterials and collector streets shall have a minimum setback of forty (40) feet.
b. Properties fronting on local access streets shall have a minimum setback of thirty (30) feet.
7. The front yard shall be ten (10) percent of the lot depth. Regardless of lot size, the yard depth need not be more
than thirty-five (35) feet.
8. No side or rear yard is required, except when abutting a district other than NCC, and then the yard shall be not
less than five (5) feet in width, unless the abutting district or use is residential and then the yard shall be ten (10)
feet in width and fully landscaped.
9. No side yard is required, except when abutting a more restrictive district, and then the side yard shall be not less
than twenty (20) feet in width.
10. No side yard is required, except abutting a residential district, and then the side yard shall be twenty (20) feet
minimum.
11. An aggregate side yard of thirty (30) feet shall be provided. A minimum of ten (10) feet shall be provided for
each side yard. On a corner lot the side yard setback shall be a minimum of twenty (20) feet from the property line.
12. The side yards shall have an aggregate width of ten (10) percent of the lot width, but the aggregate width need
not be more than forty (40) feet. There shall be a minimum of fifteen (15) feet on each side.
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13. The side yards shall have an aggregate width often (10) percent of the lot width, but the aggregate width need
not be more than thirty (30) feet. There shall be a minimum of ten (10) feet on each side.
14. The side yards shall have an aggregate width often (10) percent of the lot width, but the aggregate width need
not be more than twenty-five (25) feet. There shall be a minimum of ten (10) feet on each side.
15. A side yard of at least five (5) feet in depth shall be provided along the side property lines, except no side yard
shall be required between adjacent properties where a common, shared driveway with a perpetual cross-access
easement is provided to serve the adjoining properties.
16. Where a side yard abuts a residential district, a side yard of at least twenty (20) feet shall be provided.
17. The minimum side yard on the flanking street of a corner lot shall be related to the classification of the adjacent
street. This classification shall be determined by the city transportation engineer. The setbacks are as follows:
a. Properties fronting on arterial and collector streets shall have a minimum setback of forty(40) feet.
b. Properties fronting on local access streets shall have a minimum setback of thirty (30) feet.
18. The side yard on the flanking street of a corner lot shall be at least ten (10) percent of the lot width, unless the
ten (10) percent figure would result in a side yard of greater than twenty (20) feet, in which case the side yard need
not be more than twenty (20) feet.
19. No rear yard is required, except abutting a residential district, and then the rear yard shall be 18. twenty
(20) feet minimum.
20. No rear yard is required, except as may be required by other setback provisions of this section.
21. No rear yard is required, except as may be required by transitional conditions.
22. A rear yard of at least five (5) feet in depth shall be provided, except when a rear yard abuts a residential
district, and then a rear yard of at least twenty (20) feet in depth shall be provided.
23. Transitional conditions shall exist when an industrial park M1 or M1-C district and AG district adjoins a
residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area
indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes
intervening use such as a river, freeway, railroad main line, major topographic differential, or other similar
conditions, or where the industrial properties face on a limited access surface street on which the housing does not
face. When transitional conditions exist as defined in this subsection, a yard of not less than fifty (50) feet shall be
provided.
24. Transitional conditions shall exist when an M2 district adjoins a residential district containing a density of two (2)
dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such
transitional conditions shall not exist where the separation includes an intervening use such as a river, freeway,
ZCA-2013-2
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LUPB Public Hearing—July 22,2013
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railway main line, major topographic differential, or other similar conditions, or where the industrial properties face
on a limited access surface street on which the housing does not face. When transitional conditions exist as defined
in this subsection, a yard of not less than fifty (50) feet shall be provided.
25. Transitional conditions shall exist when an M3 district adjoins a residential district containing a density of two (2)
dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such
transitional conditions shall not exist where the separation includes an intervening use such as a river, railroad main
line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited
access surface street on which the housing does not face. When transitional conditions exist as defined in this
subsection, a yard of not less than fifty (50) feet shall be provided.
26. Structures for feeding, housing, and care of animals shall be set back fifty (50) feet from any property line.
27. Transitional conditions shall exist when an MA district adjoins a residential district containing a density of two
(2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such
transitional conditions shall not exist where the separation includes an intervening use such as a river, railroad main
line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited
access surface street on which the housing does not face. When transitional conditions exist as defined in this
subsection, a yard of not less than fifty (50) feet shall be provided.
28. Industrial development in the MA district abutting the Green River, or Russell Road or Frager Road where such
roads follow the river bank, shall be set back from the ordinary high-water mark of the river a minimum of two
hundred (200) feet. Such setbacks are in accordance with the city comprehensive plan and are in accordance with
the high quality of site development required for the industrial parks area of the city, which MA areas are
designated to become in the city plan, and are in accordance with the state Shoreline Management Act of 1971,
and shall be no more restrictive than, but as restrictive as, the Shoreline Management Act.
29. Development in the M1 or M1-C district and AG district abutting the Green River, or Russell Road or Frager
Road where such roads follow the river bank, shall be set back from the ordinary high-water mark of the river a
minimum of two hundred (200) feet. Such setbacks are in accordance with the state Shoreline Management Act of
1971, and shall be no more restrictive than, but as restrictive as, the Shoreline Management Act.
30. The planning director shall be authorized to grant one (1) additional story in height, if during development plan
review it is found that this additional story would not detract from the continuity of the area. More than one (1)
additional story may be granted by the land use and planning board.
31. The downtown design review requirements of KCC 15.09.046 shall apply.
32. No maximum height limit is required, except for parcels located within a downtown commercial enterprise —
transitional overlay (DCE-T), where the height limit is thirty-five (35) feet. See also the downtown design review
criteria outlined in KCC 15.09.046.
33. Beyond this height, to a height not greater than either four (4) stories or sixty (60) feet, there shall be added one
(1) additional foot of yard for each additional foot of building height.
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34. The planning director shall be authorized to approve a height greater than four (4) stories or sixty (60) feet,
provided such height does not detract from the continuity of the area. When a request is made to exceed the
building height limit, the planning director may impose such conditions, within a reasonable amount of time, as may
be necessary to reduce any incompatibilities with surrounding uses.
35. Beyond this height, to a height not greater than either four (4) stories or sixty (60)feet, there shall be added one
(1) additional foot of yard for each one (1) foot of additional building height. The planning director shall be
authorized to approve one (1) additional story, provided such height does not detract from the continuity of the
industrial area, and may impose such conditions as may be necessary to reduce any incompatibility with
surrounding uses. Any additional height increase may be granted by the land use and planning board.
36. Design review for mixed use development is required as provided in KCC 15.09.045(Fj{€.
37. The height limitation is two (2) stories or thirty-five (35) feet. Beyond this height, to a height not greater than
either four (4) stories or sixty (60) feet, there shall be added one (1) additional foot of yard for each two (2) feet of
additional building height. The planning director shall be authorized to approve one (1) additional story, provided
such height does not detract from the continuity of the industrial area, and may impose such conditions as may be
necessary to reduce any incompatibility with surrounding uses. Any additional height increases may be granted by
the land use and planning board.
38. The height limitation is three (3) stories or forty (40) feet. An additional story or building height may be added,
up to a maximum of five (5) stories or sixty (60) feet, with one (1) additional foot of building setback for every
additional foot of building height over forty (40) feet.
39. Outdoor storage areas are prohibited.
40. Outdoor storage areas shall be fenced for security and public safety by a sight-obscuring fence unless it is
determined through the development plan review that a sight-obscuring fence is not necessary.
41. Any unfenced outdoor storage areas shall be paved with asphaltic concrete, cement, or equivalent material to
be approved by the city engineer.
42. Outdoor storage (for industrial uses) shall be at the rear of a principally permitted structure and shall be
completely fenced.
43. Outside storage or operations yards in the M1 or M1-C district and AG district shall be permitted only as
accessory uses. Such uses are incidental and subordinate to the principal use of the property or structure. Outside
storage or operations yards shall be confined to the area to the rear of the principal building or the rear two-thirds
(2/3) of the property and reasonably screened from view from any property line by appropriate walls, fencing, earth
mounds, or landscaping. Outside storage exceeding a height of fifteen (15) feet shall be so placed on the property
as to not detract from the reasonably accepted appearance of the district.
ZCA-2013-2
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44. Outside storage or operations yards shall be confined to the area to the rear of a line which is an extension of
the front wall of the principal building, and shall be reasonably screened from view from any street by appropriate
walls, fencing, earth mounds, or landscaping.
45. Outside storage or operations areas shall be fenced for security and public safety at the property line.
46. Wherever feasible, drive-up/drive-through facilities shall be accessed from the rear of a site and run along an
interior lot line or building elevation. Landscaping, sufficient to soften the visual impact of vehicle stacking areas,
may be required.
47. Loading areas must be located in such a manner that no loading, unloading, or maneuvering of trucks
associated therewith takes place on public rights-of-way.
48. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high
loading areas from public rights-of-way. Berms shall be a minimum of thirty-six (36) inches and a maximum of forty-
two (42) inches in height. Landscaping located on the berm shall conform to type III landscaping as described in
KCC 15.07.050.
49. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high
loading areas from public rights-of-way. Berms shall be a minimum of thirty (30) inches in height. Landscaping
located on the berm shall conform to type III landscaping described in KCC 15.07.050 pertaining to visual buffers.
50. Development plan approval is required as provided in KCC 15.09.010.
51. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high
loading areas from public rights-of-way. Berms shall be a minimum of twenty (20) inches in height. Landscaping
located on the berm shall conform to type III landscaping described in KCC 15.07.050 pertaining to visual buffers.
52. Where building walls face adjacent streets and are unfenestrated for more than forty (40) feet at any point along
the facade, additional landscaping shall be required to reduce visual impacts. In such circumstances, type II
landscaping, as defined in KCC 15.07.050, shall be required, provided, that evergreen trees shall be at least ten
(10) feet in height and deciduous trees shall be a minimum of two (2) inch caliper at the time of planting.
53. Predominant activities and operations shall be completely enclosed within buildings or structures, except for
customary appurtenances such as loading and unloading areas, or where special conditions exist as a result of a
conditional use public hearing. The planning director shall be authorized to determine the reasonable application of
this provision in cases of operational hardship or other showing of uncommon circumstances.
54. Multitenant buildings shall be permitted.
55. All required yards, parking areas, storage areas, operations yards, and other open uses on the site shall be
maintained in a neat and orderly manner appropriate for the district at all times. The planning director shall be
authorized to reasonably pursue the enforcement of this subsection where a use is in violation, and to notify the
ZCA-2013-2
Mixed Use Overlay Regulations Code Amend me nt
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LUPB Public Hearing—July 22,2013
38
owner or operator of the use in writing of such noncompliance. The property owner or operator of the use shall be
given a reasonable length of time to correct the condition.
56. The performance standards as provided in KCC 15.08.050 shall apply.
57. Off-street parking may be located in required yards except in areas required to be landscaped.
58. Those areas not required to be landscaped may be used for off-street parking.
59. Outdoor storage is allowed only as an accessory use to small scale, light industrial, or manufacturing operations
where the building, structure, or total operation, including all indoor and outdoor storage areas, does not
encompass more than ten thousand (10,000) square feet of total area.
60. Signage on commercial uses in the M1-C zone shall be as specified in KCC 15.06.050(B). Signage on industrial
uses in the M1-C zone shall be as specified in KCC 15.06.050(E).
61. Any eating establishment with a drive-through/drive-in facility shall be located a minimum of one thousand
(1,000) feet from any other restaurant with a drive-through/drive-in facility.
62. Parking should be located either next to or behind the building. Parking should not be placed between the street
and the building.
63. A direct pedestrian connection shall be provided from the street to the building.
64. Screening by either an enclosure and/or evergreen landscaping shall be provided for mechanical equipment,
service doors, and garbage areas. Rooftop equipment shall be enclosed with a parapet or similar design feature.
65. Structures shall be designed to maintain the residential character of the surrounding neighborhood. Modulating
the building mass, adding dormer windows, covered entryways, or porches are ways to enhance the human scale
and provide a residential dimension to structures.
66. Minimum lot area requirements do not apply to multifamily development in the Kent downtown planning area
identified in KCC 15.09.046.
67. Within the downtown commercial enterprise—transitional overlay (DCE-T), downtown design review guidelines
regarding balconies and/or upper floor setbacks (sections 111.13 and III.C) are required elements, not optional
elements.
68. No yard, except as required by landscaping, or if surface parking is provided onsite. See the Midway Design
Guidelines and KCC 15.09.045.
69. The height limitation of new construction in MRT-1 zoning district abutting a residential district shall be thirty-five
(35) feet in height within twenty (20) feet from the residential district and forty-five (45) feet in height within forty (40)
feet from the residential district.
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70. New construction shall conform to applicable Federal Aviation Administration regulations, including Part 77,
Federal Aviation Regulations, Objects Affecting Navigable Airspace, as presently constituted or as may be
subsequently amended.
71. The transit-oriented community design review requirements of KCC 15.09.045 shall apply.
72. design review for multifamily development is required as provided in KCC 15.09.045@}
15.04.200 Mixed use overlay development standards.
GC-MU O-MU CC-MU
Floor Area ,es, .40 for commercial uses. .40 for commercial uses.
ratio eta;-uses .50 for commercial uses .50 for commercial uses
eefi'ibifted-with-fesklen4M combined with residential combined with residential
utse ; uses; provided, that uses; provided, that
e commercial floor area may commercial floor area may
be increased by one (1) be increased by one (1)
sq a square foot for each square square foot for each square
feet-of °de foot of residential floor area foot of residential floor area
pr provided up to a maximum provided up to a maximum
ee commercial FAR of .5 if commercial FAR of .5 if
k° parking is provided below parking is provided below
t of grade, up to a maximum of grade, up to a maximum of
#5 IVot Applicable 1.5. 1.5.
Site Forty (40) percent for Forty (40) percent for Forty (40) percent for
coverage commercial uses. Sixty commercial uses. Sixty (60) commercial uses. Sixty
(60) percent for percent for commercial uses (60) percent for
commercial uses with with residential uses; commercial uses with
residential uses; provided, provided, that twenty-five residential uses; provided,
that five 5 4w (25) percent of the gross that twenty-five (25)
{2&)-percent of the gross floor area is residential use. percent of the gross floor
floor area is commercial area is residential use.
es de t;W use.
Height Tw Sixty-five Twenty-five (25) feet; Twenty-five (25) feet;
(2-565) feet. provided, that basic heights provided, that basic heights
brs,&„v,yr,,J;;ay Uv may be increased up to the may be increased up to the
;,^K+ease p 94he maximum height of forty maximum height of forty
(40) feet. (1) (40) feet. (1)
feet—(1}
Front yard Zero (0) feet; provided, Zero (0) feet; provided, that Zero (0) feet; provided,
that some setback may be some setback may be that some setback may be
required in the front yard required in the front yard to required in the front yard
to accommodate a sidewalk accommodate a sidewalk to accommodate a sidewalk
which shall be at least ten which shall be at least ten which shall be at least ten
10 feet in width. 10 feet in width. 10 feet in width.
Rear and Zero (0) feet; provided, Zero (0) feet; provided, that Zero (0) feet; provided,
side yard that setbacks of at least setbacks of at least twenty that setbacks of at least
twenty (20) feet will be (20) feet will be required in twenty (20) feet will be
required in any rear or side any rear or side yards that required in any rear or side
yards that are adjacent to a are adjacent to a residential yards that are adjacent to
residential zoning district. zoning district. a residential zoning district.
ZCA-2013-2
Mixed Use Overlay Regulations Code Amendment
Attachment-B
LUPB Public Hearing—July 22,2013
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Off-street RetiWeffiee-uses�+euf-(4� Retail/office uses: Four (4) Retail/office uses: Four (4)
parking spaees-peF-&He4heusaH4 spaces per one thousand spaces per one thousand
�44���e-feeteffkaef (1,000) square feet of floor (1,000) square feet of floor
afea-.+a+--ResKlentk4-uses area. (2) Residential uses area. (2) Residential uses
KCC
Review Le
(Ord. No. 3439. § 2. 2'2'99, Ord. No. 3440. § 0. 2'10'99, Ord. No. 3000. § 3. 5'7'02, Ord. No. 3012. § 3. 0'0'02)
15.04.205 Mixed use land use development standard conditions.
1 The following height modifications shall apply:
aFive (5) footinunaaoeohordeve|opnoentouontainingnaoidentia| uoeo, pnovided. thatbwenty'five (25)
percent of gross floor area ioin residential use.
b. Five (5) foot increases for parking under the building.
u Five (5)foot increases for using a pitched roof form.
d. Five (5) foot increase for stepping back from the top floor (minimum of five (5) feet).
2. The first three hundred (300) square feet of retail or office space that is a part of an individual residential unit is
exempt.
3 The following parking requirements shall apply:
a8tudio: 75perdwe||ingunit (du) withoutuononoeruia| uoeo, 50/duwithuononoeruia| uoeo, provided. that
twenty-five (25) percent of overall gross floor area is in commercial uses.
b. (}nebedroono 15/duwithoutuononoeruia| uoeo, 10/duwithuononoeruia| uoeo, provided. thatbwenty'five
(25) percent of overall gross floor area ioin commercial uses.
uTwo'bedroono 20/duwithoutuononoeruia| uoeo, 125/duwizhuononoeruia| uoeo, provided. thattwenty'
five (25) peruentofovera| gr000Ooorareaioinuononoeruia| uoeo
(0rd No. 3439. § 2. 2'2'99, Ord. No. 3000. § 3. 5'7'02, Ord. No. 3012. § 3. 0'0'02)
zcx'zoz3'z
Mixed Use Overlay Regulations Codexmendment
Attachmentu
Lopu Public Hearing-July zzzoz3
41
15.09.045 Administrative design review.
A. Purpose and scope. Administrative design review is an administrative process, the purpose of which is to
implement and give effect to the comprehensive plan, its policies or parts thereof through the adoption of design
criteria for development relative to site layout, landscape architecture, and exterior structure design. It is the intent
of the city that this process will serve to aid applicants in understanding the principal expectations of the city
concerning design, and encourage a diversity of imaginative solutions to development through the planning
services division review and application of certain criteria. These criteria have been formulated to improve the
design, siting, and construction of development projects so as to be compatible, both visually and otherwise, with
the topographic, open space, urban, or suburban characteristics of the land or adjacent properties, while still
maintaining allowable densities to be applied in a manner consistent with established land use policies, the
comprehensive plan, this title, and community development goals of the city.
The adoption of design criteria is an element of the city's regulation of land use, which is statutorily authorized.
Application of the multifamily design process to the design criteria adopted in this section is established as an
administrative function delegated to the planning services division pursuant to RCW Title 35A, therefore, in
implementing the administrative design review process, the planning director may adopt such rules and procedures
as are necessary to provide for expeditious review of proposed projects. Further rules may be promulgated for
additional administrative review.
B. Application and review process. Administrative design review process is classified as a Process 11 application
and shall be subject to the applicable requirements of Chapter 12.01 KCC. The applicant must make application for
the design review process on forms provided by the planning services division. Upon receipt of an application for
design review, the planning director shall circulate the application to the public works director, building official, and
the city administrator for review. Prior to making a final decision, the planning director shall review any comments
submitted for consideration. In the administration of this process, the planning director may develop supplementary
handbooks for the public, which shall pictorially illustrate and provide additional guidance on the interpretation of
the criteria set forth in subsections (C) and (D) of this section, as well as a detailed explanation of the design review
process.
C. Residential design review. In order to diminish the perception of bulk, and provide visual interest along
residential home facades that face public areas, architectural design considerations shall be applied. Homes
located within subdivisions and short subdivisions vested after March 22, 2007, or altered to comply with code
amendments effective after March 22, 2007, shall be subject to residential design review. This design review shall
be applied administratively as part of the building permit review process for each new home.
1. Orientation of homes. The entry facade of each dwelling unit shall be generally oriented toward the highest
classification street from which access to the lot is allowed.
2. Attached units. A building that contains a grouping of attached units shall not exceed a two hundred (200)
foot maximum length and shall be separated from other groups of attached units by a minimum fifteen (15)
feet.
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Mixed Use Overlay Regulations Code Amend me nt
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LUPB Public Hearing—July 22,2013
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3. Architecture. Each dwelling unit facade that faces a public area shall, at a minimum, incorporate
architectural elements as follows:
a. Two (2) elements of facade modulation and/or roofline variation,
b. The maximum horizontal facade length without one (1) element of either facade modulation or
roofline variation shall be twenty (20) feet, and
c. Three (3) architectural detail elements.
4. Garages. Dwelling units within subdivisions and short subdivisions shall provide diminished garage doors
according to the percentage and locations approved with the subdivision and short subdivision.
D. Multifamily design review. The planning services division shall use the following criteria in the evaluation and/or
conditioning of applications under the multifamily design review process:
1. Site design.
a. The site plan for the development should be integrated with the surrounding neighborhood.
b. The site plan should take into consideration significant environmental considerations and the lay of
the land.
c. The site plan should provide an open space network which will accommodate a wide variety of
activities, both semipublic and private.
d. The site plan should accommodate vehicular access and parking in a manner which is convenient,
yet does not allow the automobile to dominate the site.
e. The site plan should provide safe and convenient pedestrian circulation.
2. Landscape design.
a. The landscape plan should integrate with and enhance the surrounding neighborhood landscape.
b. The landscape plan should incorporate existing natural features of significance.
c. The landscape plan should enhance the planned open space network.
d. The landscape plan should enhance the parking and utility areas on the site.
e. The landscape plan should enhance building forms and orientation.
f. The landscape plan should indicate the use of plant species suited to the microclimate of the site and
should provide for maintenance of these plants.
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3. Building design.
a. The buildings in the development should, where appropriate, maintain neighborhood scale and
density.
b. The buildings in the development should be oriented to provide for privacy of residents.
c. The exterior design of all buildings in the development should provide for individual unit identity.
E. Multifamily transition areas. Through the administrative design review process, specific multifamily transition
area requirements may be waived or modified where the applicant demonstrates an alternative site plan which
fulfills an equivalent function to the multifamily transition area requirements. Elements which may be evaluated
under this process include general site layout, building placement and orientation, parking and maneuvering
arrangements, landscaping, and other screening and buffering provisions.
1. Required findings. In order to modify or waive any multifamily transition area requirement, the planning
director must find that all of the following criteria have been met:
a. The proposal will accomplish the same or better protection of an abutting single-family district from
impacts of noise, traffic, light, and other environmental intrusions caused by the multifamily
development.
b. The proposal will accomplish the same or better transition between the multifamily development and
abutting streets, including adequate buffering of the multifamily development from the street, and vice
versa.
c. The proposal is compatible with surrounding uses. Compatibility includes but is not limited to site
layout, size, scale, mass, and provisions for screening and buffering. The planning director shall issue a
report of his findings, conclusions, and determination for each proposal under this section.
F. Mixed use design review. The planning services division shall use the following criteria in the evaluation and/or
conditioning of applications under the mixed use design review process when a project includes residential use:
1. The following criteria should apply to all mixed use with a residential component development:
a. Some common recreation space roofs, terraces, indoor rooms, courtyards.
b. Lighting features that are shielded, directing light downwards.
c. The residential portion of the building should incorporate residential details, such as window trim,
trellises, balconies, and bay windows.
d. The residential component should have an obvious, generous entrance, within features suggesting a
"front door" for example, a lobby, trellis, gate, archway, or courtyard.
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2. The following criteria shall apply to mixed use development:
a. If the residential component is located away from the main street, a landscaped pedestrian path
should be provided between the entrance and public sidewalk.
b. Although the commercial and residential components may have different architectural expressions,
they should exhibit a number of elements that produce the effect of an integrated development.
c. Surface parking should be generously landscaped to serve as an amenity. Lighting fixtures should
not exceed the height of the first floor.
3. The following criteria shall apply to mixed use buildings with a residential component:
a. Parking lots, if used, should be divided into small increments, separated by landscaping and
structures, so that parking does not dominate the site.
b. Articulated by use of different materials, generous windows with low sill heights, "store" doors,
canopies, and planters.
c. Residential floors should be expressed in an obvious manner, with stepbacks, change in materials or
color, and overhangs.
d. Commercial signs should be contained within the first floor commercial base and not extend up into
the residential floor facades.
G. Transit-oriented community design review. The planning services division shall use the following criteria in the
evaluation or conditioning of applications under the transit-oriented community design review process:
1. The Midway Design Guidelines as an adopted element of the city's regulation of land use, which is
statutorily authorized, shall apply to all development with a land use plan map designation of transit-oriented
community.
2. Residential use design review. In addition to the Midway Design Guidelines, the following design
requirements apply to residential uses and development:
a. Openings from the build-to line. When a residential unit has direct access to the public domain, a ten
(10) foot front yard shall be provided. When residential units have access through a main location, such
as an atrium, courtyard or other main entryway, said access shall be at the build-to line.
b. Open space. Residential development shall provide not less than twenty (20) percent of the gross
land area for common open space, which shall be:
i. Designed to provide either passive or active recreation,
ii. If under one (1) ownership, owner shall be responsible for maintenance,
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iii. If held in common ownership by all owners of the development by means of a homeowners'
association, said association shall be responsible for maintenance. If such open space is not
maintained in a reasonable manner, the city shall have the right to provide for the maintenance
thereof and bill the homeowners' association accordingly. If unpaid, such bills shall be a lien
against the homeowners' association, or
iv. Dedicated for public use if accepted by the city legislative authority or other appropriate public
agency.
c. Storage of recreational vehicles. The storage or parking of recreational vehicles shall be prohibited.
H. Appeals. The decision of the planning director to condition or reject any application under the administrative
design review process is final unless an appeal is made by the applicant or any party of record to the hearing
examiner within fourteen (14) calendar days of either the issuance of the director's conditional approval under this
section of any application, or the director's written decision rejecting any application under this section. The appeal
shall be conducted by the hearing examiner as an open record appeal hearing in accordance with the requirements
of Chapters 2.32 and 12.01 KCC. The decision of the hearing examiner shall be final unless an appeal is made to
the superior court within twenty-one (21) calendar days after the hearing examiner's notice of decision.
(Ord. No. 3409, § 58, 7-7-98, Ord. No. 3424, § 37, 11-17-98, Ord. No. 3830, § 20, 3-6-07, Ord. No. 4011, §22, 12-13-11)
15.09.046 Downtown design review.
A. Purpose and scope.
1. Downtown design review is an administrative process, the purpose of which is to implement and give effect
to the downtown plan, its policies or parts thereof, through the adoption of downtown design guidelines, as
set forth in subsection (D) of this section, for development within the downtown planning area, which is
bounded by State Route 167 to the west, Cloudy Street to the north, Kennebeck/Clark/Jason/Titus/Central
Avenue to the east, and Willis Street to the south. The area, co-terminous with the downtown districts
identified in the downtown strategic action plan, is shown on the map following this section.
It is the intent of the city that this process will serve to aid applicants in understanding the principal
expectations of the city concerning development in the downtown planning area and encourage a diversity of
imaginative solutions to development through the review and application of the downtown design guidelines.
These guidelines have been formulated to ensure that the design, siting, and construction of development
will provide a quality pedestrian-oriented urban environment in a manner consistent with established land use
policies, the comprehensive plan, and the zoning code of the city.
2. The adoption of the downtown design guidelines is an element of the city's regulation of land use, which is
statutorily authorized. The downtown design review process adopted herein is established as an
administrative function delegated to the city's planning services office pursuant to RCW Title 35A. Therefore,
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in implementing the downtown design review process, the planning manager may adopt such rules and
procedures as are necessary to provide for review of proposed projects.
3. All development within the downtown planning area shall be subject to the provisions of this section.
4. The downtown design review process is distinct from the multifamily design review process set forth in
KCC 15.09.045. Applications for multifamily development within the DC, DCE, and DLM zoning districts shall
be subject to the provisions of KCC 15.09.045 in addition to the provisions of this section, except as provided
in KCC 15.09.045(9E). However, the provisions of this section shall prevail in cases where a conflict may
arise between the requirements of the two (2) sections.
B. Application and review process. The downtown design review process is administrative and is conducted as part
of the permit review process. The applicant must make application for the design review process on forms provided
by planning services. Upon receipt of an application for design review, the planning manager shall circulate the
application to the appropriate city departments and offices for review. Prior to issuing a final decision, the planning
manager shall review any comments submitted for consideration. In the administration of this process, planning
services may develop supplementary handbooks for the public, which shall pictorially illustrate and provide
additional guidance on the interpretation of the criteria set forth in the downtown design guidelines.
C. Design review committee. There is hereby established the downtown design review committee, which shall
make all final decisions on applications for downtown design review. The committee shall be comprised of three (3)
members, who shall be appointed by the planning manager under the authority delegated to him under RCW Title
35A. The members shall serve at the pleasure of the planning manager. The planning manager shall, by
administrative rule, establish the rules of procedure for the committee, which shall be made available to the public
upon publication.
D. Downtown design guidelines—Adoption. The downtown design review committee shall use the downtown
design guidelines in the evaluation and/or conditioning of applications under the downtown design review process.
The downtown design guidelines, entitled "Kent Downtown Design Guidelines," initially prepared by the city of Kent
planning services in collaboration with MAKERS, Architecture and Urban Design and Mark Hinshaw of LMN
Architecture, dated September 19, 2000, and subsequent amendments thereto are hereby adopted by this
reference as authorized pursuant to RCW 35A.12.140 and shall be placed on file in the offices of the city clerk and
planning services.
E. Appeals. The decision of the downtown administrative design review committee to approve, condition, or reject
any application under the downtown design review process is final unless an appeal is made to the hearing
examiner within fourteen (14) calendar days of either the issuance of the committee's conditional approval or
rejection of any application under this section. Appeals to the hearing examiner shall be conducted as set forth in
Chapter 2.32 KCC. The decision of the hearing examiner shall be final, unless an appeal is made to the King
County superior court, within twenty-one (21) calendar days of the date of the decision.
(Ord. No. 3050, § 10, 7-7-92, Ord. No. 3409, § 60, 7-7-98, Ord. No. 3424, § 38, 11-17-98, Ord. No. 3457, § 1, 5-4-99,
Ord. No. 3525, § 1, 9-19-00, Ord. No. 3742, § 6, 4-19-05, Ord. No. 3988, § 4, 1-4-11)
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ZCA-2013-2
Mixed Use Overlay Regulations Code Amendment
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LUPB Public Hearing—July 22,2013