HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 06/09/2014 ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
1-17 KENT Charlene Anderson, AICP, Manager
w"111'".T." Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
AGENDA
LAND USE & PLANNING BOARD
WORKSHOP
JUNE 9, 2014
7:00 P.M.
LUPB MEMBERS: Jack Ottini, Chair; Barbara Phillips, Vice Chair; Frank
Cornelius, Navdeep Gill, Alan Gray, Katherine Jones, and Randall Smith
CITY STAFF: Charlene Anderson, AICP, Planning Manager; Erin George, Sr.
Planner; 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 9, 2014. 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-2014-2 RECREATIONAL MARIJUANA ZONING REGULATIONS (KG)
Discussion on zoning regulations related to production, processing, and
retail sales of recreational marijuana. Page 1
2. CPA-2014-1/CPZ-2014-1 RIVERBEND SURPLUS PROPERTY (EG)
Discussion on modification of the zoning and comprehensive plan
designations for potential future development. Page 15
3. ZCA-2014-3 GREEN RIVER CORRIDOR DISTRICT (EG)
Discussion on amending the zoning related to building heights within
the corridor district. Page 23
You may access the City's website for documents pertaining to the Land Use and Planning
Board at: htti):Ilkentwa.ic7m2.com/citizensIDefau/Last)x?Det)artmentlD=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.
P:\Planning\LUPB\2014\Agendas\06-0914_WkshpAgda.docx
1
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
KENT Charlene Anderson, AICP, Manager
wAs�, ��.o�
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
June 2, 2014
TO: Chair Jack Ottini and Land Use & Planning Board Members
FROM: Katie Graves, Planner
RE: Recreational Marijuana Zoning ZCA-2014-2
For the June 9, 2014 Workshop
ISSUE: How should the City address and establish zoning regulations for
recreational marijuana producers, processors, and retailers?
BACKGROUND:
At the May 12, 2014 LUPB workshop, staff discussed with the Board the background
of Initiative I-502 (I-502), potential impacts of recreational marijuana production,
processing, and retail facilities, and zoning options to consider.
Here is a recap of the discussion of I-502:
It was passed by Washington voters in November 2012 which legalized the
use of recreational marijuana. I-502 directed the Washington State Liquor
Control Board (WSLCB) to develop rules for the implementation of the
licensing provisions of I-502 for recreational marijuana producers,
processors, and retailers, and be the entity to issue state licenses. The
WSLCB has since passed rules to regulate these uses.
The WSLCB also determined the maximum number of retail outlets to be
licensed, per jurisdiction. Kent is allotted up to three retailers. There is no
maximum number of licenses that will be issued by the WSLCB for marijuana
producers and processors; however, the maximum statewide production is
limited to 2,000,000 square feet of plant canopy.
It is important to note that I-502 is separate from medical marijuana
regulations, and the City is only considering zoning options at this time for
recreational marijuana producers, processors, and retailers. Medical
marijuana collective gardens are not permitted within City of Kent, per Kent
City Code 15.08.290.
Possession, use, growth, and distribution of marijuana, whether it is for
recreational or medical use, are still illegal under Federal law. Marijuana
remains a Schedule 1 drug under the Federal Controlled Substance Act.
2
MEMORANDUM:
Land Use and Planning Board Workshop
June 9, 2014
Page 2
Kent has a moratorium in place for recreational marijuana uses, in order to allow
the City to consider zoning options for marijuana producers, processors, and
retailers. The moratorium expires on November 27, 2014.
The production, processing, and retail sale of marijuana has only recently become a
permitted activity under Washington state law. Colorado is the only other state
that permits the retail production, processing and sale of marijuana. Thus, the land
use impacts associated with state licensed production, processing and retail sale of
marijuana have not been definitively established, but do have potential impacts
that need to be taken into consideration. Here is a recap of potential impacts of
recreation marijuana production, processing, and retail facilities that were discussed
at the last workshop:
1) Odors. Marijuana production and processing may create odors that can
be detectable to the surrounding area, whether it be a tenant space next
door, or an adjacent property or sidewalk.
2) Safety. Some safety concerns may be warranted, since processors start
with raw materials and use solvents, chemicals, gases, and other
compounds to extract oils and create and process marijuana infused
products.
3) Crime. It is unknown at this time how these retail facilities may impact
crime rates; however, despite recent federal financial guidance, marijuana
retail shops are likely to remain cash-only businesses for the foreseeable
future, and will contain easily-transportable products that will be in high
demand. There is an obvious concern that this combination may invite
more crime at these locations.
Kent Police has prepared crime rate maps that show where the
concentration of crime in Kent has occurred in the past year; specifically
vehicle prowls, vehicle theft, recovery of stolen vehicles, robberies, rapes,
residential burglaries, and commercial burglaries.
4) Impacts to surrounding land uses. The WSLCB has through its rules
passed this fall, prohibited marijuana uses from being within 1000' of the
following uses:
-Elementary and secondary schools
-Playground
-Recreational center of facility (geared toward people under 21 years
of age and owned or operated by a charitable entity or government
agency)
-Child care center
-Public park
-Public transit center
-Library
-Game arcade (where admission is not restricted to persons age 21 or
older)
Neither I-502 nor the rules adopted by the WSLCB address the proper
location within a city for state licensed production, processing or retail
sales facilities, other than these buffer restrictions.
3
MEMORANDUM:
Land Use and Planning Board Workshop
June 9, 2014
Page 3
DISCUSSION:
The City of Kent has the ability to determine the appropriate uses of land through
its zoning authority, including the ability to ban recreational marijuana uses.
Should the decision be to allow recreational marijuana facilities, several options
have been prepared by staff, along with preliminary staff recommendations. These
options address the three types of marijuana business use (i.e., production,
processing, and retail) separately and are outlined in detail in Attachment 1. Staff
has prepared a map that illustrates the locations that marijuana uses would be
restricted by the LCB buffers (Attachment 2). Also included are maps identifying
crime "hot spots," prepared by the Kent Police Department (Attachment 3).
The purpose of this workshop is to further discuss zoning options for recreational
marijuana.
KG\pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2014\ZCA-2014-2 Marijuana\LUPB\Wrkshp6-9-14\06-09-14_LUP13_Memo.doc
Enc: Attach 1-Draft Zoning Options
Attach 2-Kent Buffers Map
Attach 3-Kent Crime Hot Spot Maps
cc: Ben Wolters, Economic and Community Development Director
Fred Satterstrom,AICP, Planning Director
Charlene Anderson,AICP, Planning Manager
David Galazin,Assistant City Attorney
Project File ZCA-2014-2
4
5
ATTACHMENT 1
Recreational Marijuana - Potential Zoning Options
Production:
WAC 314-55-075: "A marijuana producer license allows the licensee to
produce marijuana for sale at wholesale to marijuana processor licensees and
to other marijuana producer licensees. Marijuana production must take place
within a fully enclosed secure indoor facility or greenhouse with rigid walls, a
roof, and doors. Outdoor production may take place in nonrigid greenhouses,
other structures, or an expanse of open or cleared ground fully enclosed by a
physical barrier. To obscure public view of the premises, outdoor production
must be enclosed by a sight obscure wall or fence at least eight feet high.
Outdoor producers must meet security requirements described in WAC 314-
55-083.
Option A: do not allow marijuana production in any zoning district
Option B: allow marijuana production only in M3 General Industrial District
Kent City Code 15.03.010: "The purpose of the M3 district is to
provide areas suitable for the broadest range of industrial
activities, and to specify those industrial activities having
unusual or potentially deleterious operational characteristics,
where special attention must be paid to location and site
development ...'
Option C: allow marijuana production in the same zoning districts as an
existing use in the zoning code: "Manufacturing, processing, blending, and
packaging of drugs, pharmaceuticals, toiletries, and cosmetics": CM-1, CM-2,
M1, M1-C, M2, M3, GWC
Option D: allow marijuana production in the similar zoning districts as an
existing use in the zoning code: "Agricultural uses such as planting and
harvesting of crops, animal husbandry (including wholesale nurseries and
greenhouses)": A-10, AG, MA (exclude SR-1 from this use)
Processing:
WAC 314-55-077: "A marijuana processor license allows the licensee to
process, package, and label usable marijuana and marijuana-infused
products for sale at wholesale to marijuana retailers."
Option A: do not allow marijuana processing in any zoning district
Option B: allow marijuana processing only in M3 General Industrial District
Kent City Code 15.03.010 definition of M3: "The purpose of the
M3 district is to provide areas suitable for the broadest range of
6
industrial activities, and to specify those industrial activities
having unusual or potentially deleterious operational
characteristics, where special attention must be paid to location
and site development..."
Option C: allow marijuana processing in the same zoning districts as an
existing use in the zoning code: "Manufacturing, processing, blending, and
packaging of drugs, pharmaceuticals, toiletries, and cosmetics": CM-1, CM-2,
M1, M1-C, M2, M3, GWC
Retail:
WAC 314-55-079: "A marijuana retailer license allows the licensee to sell
only usable marijuana, marijuana-infused products, and marijuana
paraphernalia at retail in retail outlets to persons twenty-one years of age
and older."
Option A: do not allow marijuana retail sales in any zoning district
Option B: allow marijuana retail sales only in GWC (Gateway Commercial)
zoning district:
Kent City Code 15.03.010 definition of GWC: "It is the purpose
of the gateway commercial district to provide retail commercial
uses appropriate along major vehicular corridors while
encouraging appropriate and unified development among the
properties within the district. It is designed to create unique,
unified, and recognizable streetscapes while ensuring land use
compatibility and the exclusion of inappropriate uses. It is also
intended to promote flexibility in appropriate areas of site
design and to encourage mixed use developments. The gateway
commercial district recognizes the significance of the automobile
while simultaneously minimizing its dominance in commercially
developed areas and avoiding unsightly highway strip
commercial development. The gateway commercial
development standards promote land uses which minimize
physical and visual impacts normally associated with highway
commercial developments. Landscaping, parking, and sign
standards have all been enhanced as compared to the current
commercial and industrial zoning districts. These standards will
promote a viable, unique, and recognizable commercial area
along East Valley Highway. Moreover, the gateway commercial
district will encourage the development of commercial uses
capable of benefiting and ensuring the long-term enhancement
of properties throughout the study area."
Option C: allow marijuana retail sales only in CM-2 (Commercial
Manufacturing 2) zoning district:
7
Kent City Code 15.03.010 definition of CM-2: "It is the purpose
of the CM-2 district to provide locations for those types of
developments which combine some characteristics of both retail
establishments and small-scale, light industrial operations,
heavy commercial and wholesale uses, and specialty
manufacturing.'
Option D: allow marijuana retail sales only in the M1-C (Industrial Park/
Commercial) zoning district (definition of this zone is part of the Ml
definition):
Kent City Code 15.03.010 definition of Ml-C: "...It is also the
purpose of this zone to allow certain limited commercial land
uses that provide necessary personal and business services for
the general industrial area. Such uses are allowed in the Ml
district, through the application of the "C"suffix, at centralized,
nodal locations where major arterials intersect."
Option E: allow marijuana retail sales in the same zoning districts as an
existing use in the zoning code: "liquor store": NCC, CC, DC, DCE, MTC-1,
MTC-2, MCR, CM-2, GC, M1-C, GWC
Other restrictions to consider:
a) "Marijuana producers, processors, and retailers shall not operate as
accessory to a primary use or as a home occupation."
b) "All activities shall occur within an enclosed structure and shall be
designed, located, constructed, and buffered to blend in with its
surrounding and mitigate significant adverse impacts on adjoining
properties and the community, and special attention shall be given to
minimizing odor, noise, light, glare, and traffic impacts. Marijuana
uses shall be designed to include controls and features to prevent
odors from travelling off-site and being detected from a public right-of-
way, or other properties or uses."
S:\Pernait\P1an\Z0N1NG CODE AMENDMENTS\2014\ZCA-2014-2 Marijuana\Commerce\Recreational Marijuana Zoning Options.doc
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ATTACHMENT 3 11
Kent Police Department
Reported ILP Case Reports: May 1, 2013 - April 30, 2014
ILP crimes shown below include Theft from Vehicle, Vehicle Theft, Robbery and Residential
Burglary.
Each dot on the below map represents one or more reported crimes at that specific
location in the past year.
♦
♦
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The above dots represent the location of 2,767 reported crimes over the past year.
12
The below density map represents the same reported crimes as above, but shows the
density of those crimes relative to location. The more crimes in close proximity to each
other, the darker the red. Yellow represents a very high concentration of reported crimes.
s
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The above red hued areas reflect a high density of reported ILP crimes. The "Hot Spot"
areas include:
27th Place on the West Hill
64/Smith in the Valley
Kent Station area in the Valley
North Central Apartments in the Valley
104/256 area on the East Hill
108/240 area on the East Hill
108/208 area on the East Hill
13
Finally, the below density map reflects higher concentrations of 911 calls received by
Valley Comm over the past year. The "Hot Spots" generally reflect the same area's as the
ILP Crime "Hot Spots", but with higher concentrations/density, due to other crimes being
reported as well.
M
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The above areas are Kent PID's "Hot Spots" of 911 calls received by Valley Comm. They
can be quickly labeled the following:
27 th Place on the West Hill — the bright yellow area.
252/Pac Hwy on the West Hill
64/Smith in the Valley — another yellow spot
Kent Station area in the Valley
108/240 on the East Hill
104/256 on the East Hill
14
15
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
KENT Charlene Anderson, AICP, Manager
wAs�, ��.o�
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
June 2, 2014
TO: Chair Jack Ottini and Land Use & Planning Board Members
FROM: Fred Satterstrom, AICP, Planning Director
Erin George, AICP, Senior Planner
RE: Riverbend Surplus Property Comprehensive Plan Amendment and Rezone
(CPA-2014-1 and CPZ-2014-1)
For the June 9, 2014 Workshop
BACKGROUND:
The fiscal sustainability of the City's golf operations has been the subject of several
City Council workshops over the past year. During this time, City staff has
presented a variety of options to the Council aimed at addressing the fiscal
challenges of operating and maintaining a full golf complex. One of these options is
to offer the Par 3 course for sale to a developer who would, in turn, create a
landmark development worthy of such a prominent, signature site.
To prepare the site for potential development, it is necessary to modify the zoning
and comprehensive plan designations. Currently, in light of its present use as a
golf course, the site is zoned for low intensity land uses (SR-1) and its designation
in the comprehensive plan is Open Space. Discussions with the City Council have
envisioned a more urban, mixed use scenario which would require a change in
zoning and plan designations.
At their May 6th meeting, City Council approved Resolution #1883, which
authorized staff to move forward with a comprehensive plan amendment on the
Riverbend surplus property site.
DISCUSSION:
The location and physical characteristics of the Riverbend surplus site create
opportunities as well as potential limitations that need to be considered when
choosing land use and zoning designations (see map in Attachment 1). With 23
acres of flat property and 1,500 feet of frontage on Meeker Street, the site lends
itself to a variety of potential land uses such as retail, office, hotel or multi-family
residential. Located just east of a major intersection with State Route 516, the site
enjoys easy access to Interstate 5 and State Route 167, which are desirable factors
for commercial and office uses.
16
MEMORANDUM:
Land Use and Planning Board Workshop
June 2, 2014
Page 2
Two thousand feet of river and trail frontage provide recreational and view
opportunities, while also presenting limitations due to shoreline regulations.
Developments within 200 feet of the river are limited to water-related commercial
uses no higher than 35 feet and must provide public access to the shoreline.
Residential uses are not permitted within 200 feet. Despite these constraints, such
a large site could easily accommodate residential or office uses outside the 200
feet, with a water-related use such as a restaurant with views and outdoor dining
areas closer to the river.
Choosing the zoning for this site will shape what future development could be, and
must consider not only the site characteristics but also community vision and
market demand. With the recent Downtown Subarea Action Plan, the boundaries of
downtown were extended west to 64th Avenue South, reflecting "the relevance of
areas located west ... of the current boundaries to the economic vitality of, and
synergy with what is traditionally considered the downtown." (DSAP page 4-1)
Given this expansion, the Riverbend Surplus site could be considered a gateway to
downtown Kent. The DSAP pursues a dense, mixed-use urban center and
specifically seeks to increase the mix of uses by expanding GC-MU zoning further
west to Russell Road. With City Council's goal of urban, mixed use development in
mind, staff will present four zoning options for the Board's consideration. Two of the
options are mixed use, one is residential only and the last is a "no action"
alternative. Refer to the tables in Attachment 2 for a detailed comparison of uses
and standards for each zoning district, with a brief summary provided here:
Option 1: MCR, Midway Commercial Residential
Recently created by the Midway Subarea Plan, but need not be limited to the
Midway area; it is a viable option for the Riverbend Surplus site.
Allows mixed use, retail, office, hotel, multifamily residential
Prohibits auto-oriented uses such as auto repair, car sales and drive through
Ensures quality development through Midway Design Guidelines
Minor change to Zoning Code needed to ensure Midway Design Guidelines
apply outside Transit Oriented Community (TOC) comprehensive plan land
use designation
200 foot height limit allows flexibility of design
Mixed Use (MU) comprehensive plan land use designation is the natural
choice to support this zoning designation
TOC land use designation is an option, but was intended to surround a light
rail station
Option 2: GC-MU, General Commercial Mixed Use
• Broad mix of uses allowed
• Recent re-zoning in Downtown Strategic Action Plan brought GC-MU further
west to Russell Road
• Multifamily residential must include 5% commercial
17
MEMORANDUM:
Land Use and Planning Board Workshop
June 2, 2014
Page 3
• Nearly all commercial uses are allowed, as well as outdoor storage
• Mixed use design review required; less specific and more suburban than
Midway Design Guidelines
• Mixed Use (MU) land use designation could support this zone
Option 3: MR-M, Medium Density Multifamily Residential
• Natural extension of MR-M zoning to the east
• Multifamily residential is primary allowed use
• No commercial allowed
• Medium Density Multifamily (MDMF) land use designation could support this
zone
Option 4: No Action (SR-1, Residential Agricultural)
• Allows low density single family residential (1 unit per acre)
• Clustering required with 50% open space
• Agricultural and open space uses allowed
• No commercial allowed
• Open Space (OS) comprehensive plan land use designation would remain
At the June 23rd meeting, staff would like to discuss with the Board the options for
amendment, prior to scheduling a public hearing in July.
EG\pm S:\Permit\Plan\COM P_PLAN_AMENDMENTS\2014\CPA-2014-1_Par3\LUPB\06-09-14_LUPB_Memo.doc
Enc: Attach 1-Site Map
Attach 2- Land Use Comparison Table
cc: Ben Wolters, Economic and Community Development Director
Charlene Anderson,AICP, Planning Manager
Matt Gilbert,AICP, Principal Planner
David Galazin,Assistant City Attorney
Project File CPA-2014-1 and CPZ-2014-1
18
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23
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
KENT Charlene Anderson, AICP, Manager
wAs�, ��.o�
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
June 2, 2014
TO: Chair Jack Ottini and Land Use & Planning Board Members
FROM: Fred Satterstrom, AICP, Planning Director
Erin George, AICP, Senior Planner
RE: Green River Corridor District Zoning Code Amendment (ZCA-2014-3)
For the June 9, 2014 Workshop
SUMMARY:
Staff will discuss the possibility of eliminating the height restriction and revising the
building length restriction within the Green River Corridor District (1,000 feet from
the river), regulated by Kent City Code 15.08.260.0 (6) and (7). Building heights
within the corridor would continue to be limited by development standards in the
Zoning Code and Shoreline Master Program.
BACKGROUND:
While crafting the Downtown Subarea Action Plan (DSAP) and expanding the
downtown boundaries west of State Route 167, staff noted a Green River Corridor
District requirement contained in the Zoning Code that limits building height to 35
feet and limits building length to 200 feet within 1,000 feet of the Green River. This
standard conflicts with the new 65 foot height limit applied by the DSAP for the GC-
MU zoning district, which includes portions of the downtown planning area that are
also located within the Green River Corridor.
The Shoreline Management Act was passed by the State Legislature in 1971, which
applies to areas within 200 feet of shorelines such as the Green River. As required
by the Act, the City adopted the City of Kent Shoreline Master Program (SMP) in
1974, which has been subsequently updated several times. Among other
restrictions, the SMP restricts buildings within 200 feet of the Green River to 35 feet
in height. Kent adopted the Green River Corridor District regulations in 1985 to
provide an additional 800 foot corridor beyond the Green River shoreline zone
protected from "land uses that would adversely affect the shoreline environment or
produce high volumes of traffic, and to preserve features with historic, cultural or
educational significance." The regulations also implemented policies contained in
the Valley Studies Program Land Use Study (1981) and Green River Corridor Plan
(1980).
24
MEMORANDUM:
Land Use and Planning Board Workshop
June 2, 2014
Page 2
DISCUSSION:
Zoning districts, the Shoreline Master Program, and the Green River Corridor
District standards each contain building height regulations. These regulations
overlap and create an opportunity for simplification. The Shoreline Master Program
applies only to development within 200 feet of the Green River and limits building
heights within this zone to 35 feet. The Green River Corridor District effectively
extends this height limitation out to 1,000 feet from the river. Zoning district
development standards also apply to riverside lands, and contain height limitations
that vary by zoning district. Most of the zoning districts located within the Green
River corridor imposes similar restrictions. Only one zone, GC-MU allows building
heights over 40 feet. The table below compares the various height standards.
Regulations Height limit
Shoreline Master 35 feet
Program 200 ft.
Green River 35 feet
Corridor (1,000 ft.
Zoning Code, by
zoning district:
A-10 35 feet
AG 35 feet
CM-2 35 feet
GC 35 feet
GC-MU 65 feet
M1 35 feet
M2 35 feet
MA 35 feet
MHP N/A
MR-G 40 feet
MR-M 40 feet
SR-1 35 feet
SR-8 30 feet
As for building length, the Green River Corridor District regulations restrict buildings
within the corridor to no more than 200 feet in length. However, buildings located
in several industrial zones are allowed to exceed 200 feet in length if vegetative
screening is provided. As development intensity in commercial zones is similar to
that in industrial zones, also exempting MCR and GC-MU (the only commercial
zones in the corridor) from this building length standard is logical. The Shoreline
Master Program already requires a 15 foot landscape buffer between new buildings
or parking lots and the Green River Trail. Furthermore, developments in MCR and
GC-MU zoning districts must comply with design guidelines, which address aesthetic
concerns such as blank walls and perception of bulk.
25
MEMORANDUM:
Land Use and Planning Board Workshop
June 2, 2014
Page 3
Given the zoning and shoreline restrictions on height already in place and the
recent adoption of the DSAP, extending the 35-foot limitation to 1,000 feet is no
longer appropriate. Also, in light of shoreline landscape requirements and design
guidelines, amending the building length exception to include MCR and GC-MU is
logical. At the June 28th meeting, staff would like to discuss the possibility of
eliminating the height restriction and amending the building length restrictions
within the Green River Corridor District prior to scheduling a public hearing.
EG\pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2014\ZCA-2014-3Gree n Rive rCorrid or Dist\LUPB\06-09-14_LU PB_Me m o.doc
Enc: Attach 1-Green River Corridor Map
cc: Ben Wolters, Economic and Community Development Director
Charlene Anderson,AICP, Planning Manager
Matt Gilbert,AICP, Principal Planner
David Galazin,Assistant City Attorney
Project File ZCA-2014-3
26
27
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ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
\17 KENT Charlene Anderson, AICP, Manager
w"111'".T." Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
AGENDA
LAND USE & PLANNING BOARD
WORKSHOP
JUNE 9, 2014
7:00 P.M.
LUPB MEMBERS: Jack Ottini, Chair; Barbara Phillips, Vice Chair; Frank
Cornelius, Navdeep Gill, Alan Gray, Katherine Jones, and Randall Smith
CITY STAFF: Charlene Anderson, AICP, Planning Manager; Fred Satterstrom,
AICP, Planning Director; Erin George, Sr. Planner; 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 9, 2014. 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-2014-2 RECREATIONAL MARIJUANA ZONING REGULATIONS (KG)
Discussion on zoning regulations related to production, processing, and
retail sales of recreational marijuana. Page 1
2. CPA-2014-1/CPZ-2014-1 RIVERBEND SURPLUS PROPERTY (EG/FS)
Discussion on modification of the zoning and comprehensive plan
designations for potential future development. Page 15
3. ZCA-2014-3 GREEN RIVER CORRIDOR DISTRICT (EG/FS)
Discussion on amending the zoning related to building heights within
the corridor district. Page 23
You may access the City's website for documents pertaining to the Land Use and Planning
Board at: htti):Ilkentwa.ic7m2.com/citizensIDefau/Last)x?Det)artmentlD=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.
1
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
KENT Charlene Anderson, AICP, Manager
wAs�, ��.o�
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
June 2, 2014
TO: Chair Jack Ottini and Land Use & Planning Board Members
FROM: Katie Graves, Planner
RE: Recreational Marijuana Zoning ZCA-2014-2
For the June 9, 2014 Workshop
ISSUE: How should the City address and establish zoning regulations for
recreational marijuana producers, processors, and retailers?
BACKGROUND:
At the May 12, 2014 LUPB workshop, staff discussed with the Board the background
of Initiative I-502 (I-502), potential impacts of recreational marijuana production,
processing, and retail facilities, and zoning options to consider.
Here is a recap of the discussion of I-502:
It was passed by Washington voters in November 2012 which legalized the
use of recreational marijuana. I-502 directed the Washington State Liquor
Control Board (WSLCB) to develop rules for the implementation of the
licensing provisions of I-502 for recreational marijuana producers,
processors, and retailers, and be the entity to issue state licenses. The
WSLCB has since passed rules to regulate these uses.
The WSLCB also determined the maximum number of retail outlets to be
licensed, per jurisdiction. Kent is allotted up to three retailers. There is no
maximum number of licenses that will be issued by the WSLCB for marijuana
producers and processors; however, the maximum statewide production is
limited to 2,000,000 square feet of plant canopy.
It is important to note that I-502 is separate from medical marijuana
regulations, and the City is only considering zoning options at this time for
recreational marijuana producers, processors, and retailers. Medical
marijuana collective gardens are not permitted within City of Kent, per Kent
City Code 15.08.290.
Possession, use, growth, and distribution of marijuana, whether it is for
recreational or medical use, are still illegal under Federal law. Marijuana
remains a Schedule 1 drug under the Federal Controlled Substance Act.
2
MEMORANDUM:
Land Use and Planning Board Workshop
June 9, 2014
Page 2
Kent has a moratorium in place for recreational marijuana uses, in order to allow
the City to consider zoning options for marijuana producers, processors, and
retailers. The moratorium expires on November 27, 2014.
The production, processing, and retail sale of marijuana has only recently become a
permitted activity under Washington state law. Colorado is the only other state
that permits the retail production, processing and sale of marijuana. Thus, the land
use impacts associated with state licensed production, processing and retail sale of
marijuana have not been definitively established, but do have potential impacts
that need to be taken into consideration. Here is a recap of potential impacts of
recreation marijuana production, processing, and retail facilities that were discussed
at the last workshop:
1) Odors. Marijuana production and processing may create odors that can
be detectable to the surrounding area, whether it be a tenant space next
door, or an adjacent property or sidewalk.
2) Safety. Some safety concerns may be warranted, since processors start
with raw materials and use solvents, chemicals, gases, and other
compounds to extract oils and create and process marijuana infused
products.
3) Crime. It is unknown at this time how these retail facilities may impact
crime rates; however, despite recent federal financial guidance, marijuana
retail shops are likely to remain cash-only businesses for the foreseeable
future, and will contain easily-transportable products that will be in high
demand. There is an obvious concern that this combination may invite
more crime at these locations.
Kent Police has prepared crime rate maps that show where the
concentration of crime in Kent has occurred in the past year; specifically
vehicle prowls, vehicle theft, recovery of stolen vehicles, robberies, rapes,
residential burglaries, and commercial burglaries.
4) Impacts to surrounding land uses. The WSLCB has through its rules
passed this fall, prohibited marijuana uses from being within 1000' of the
following uses:
-Elementary and secondary schools
-Playground
-Recreational center of facility (geared toward people under 21 years
of age and owned or operated by a charitable entity or government
agency)
-Child care center
-Public park
-Public transit center
-Library
-Game arcade (where admission is not restricted to persons age 21 or
older)
Neither I-502 nor the rules adopted by the WSLCB address the proper
location within a city for state licensed production, processing or retail
sales facilities, other than these buffer restrictions.
3
MEMORANDUM:
Land Use and Planning Board Workshop
June 9, 2014
Page 3
DISCUSSION:
The City of Kent has the ability to determine the appropriate uses of land through
its zoning authority, including the ability to ban recreational marijuana uses.
Should the decision be to allow recreational marijuana facilities, several options
have been prepared by staff, along with preliminary staff recommendations. These
options address the three types of marijuana business use (i.e., production,
processing, and retail) separately and are outlined in detail in Attachment 1. Staff
has prepared a map that illustrates the locations that marijuana uses would be
restricted by the LCB buffers (Attachment 2). Also included are maps identifying
crime "hot spots," prepared by the Kent Police Department (Attachment 3).
The purpose of this workshop is to further discuss zoning options for recreational
marijuana.
KG\pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2014\ZCA-2014-2 Marijuana\LUPB\Wrkshp6-9-14\06-09-14_LUP13_Memo.doc
Enc: Attach 1-Draft Zoning Options
Attach 2-Kent Buffers Map
Attach 3-Kent Crime Hot Spot Maps
cc: Ben Wolters, Economic and Community Development Director
Fred Satterstrom,AICP, Planning Director
Charlene Anderson,AICP, Planning Manager
David Galazin,Assistant City Attorney
Project File ZCA-2014-2
4
5
ATTACHMENT 1
Recreational Marijuana - Potential Zoning Options
Production:
WAC 314-55-075: "A marijuana producer license allows the licensee to
produce marijuana for sale at wholesale to marijuana processor licensees and
to other marijuana producer licensees. Marijuana production must take place
within a fully enclosed secure indoor facility or greenhouse with rigid walls, a
roof, and doors. Outdoor production may take place in nonrigid greenhouses,
other structures, or an expanse of open or cleared ground fully enclosed by a
physical barrier. To obscure public view of the premises, outdoor production
must be enclosed by a sight obscure wall or fence at least eight feet high.
Outdoor producers must meet security requirements described in WAC 314-
55-083.
Option A: do not allow marijuana production in any zoning district
Option B: allow marijuana production only in M3 General Industrial District
Kent City Code 15.03.010: "The purpose of the M3 district is to
provide areas suitable for the broadest range of industrial
activities, and to specify those industrial activities having
unusual or potentially deleterious operational characteristics,
where special attention must be paid to location and site
development ...'
Option C: allow marijuana production in the same zoning districts as an
existing use in the zoning code: "Manufacturing, processing, blending, and
packaging of drugs, pharmaceuticals, toiletries, and cosmetics": CM-1, CM-2,
M1, M1-C, M2, M3, GWC
Option D: allow marijuana production in the similar zoning districts as an
existing agricultural use in the zoning code: "Agricultural uses such as
planting and harvesting of crops, animal husbandry (including wholesale
nurseries and greenhouses)": A-10, AG, MA (exclude SR-1 from this use)
Should the decision be to allow mariivana production in the City of Kent,
staff's preliminary recommended zoning option is Option B: The M3 zone is
designed for industrial activities that have unusual or potentially deleterious
operational characteristics. Potential adverse impacts of marijuana
production are not specifically known at this time, because production
facilities under I-502 have not yet been permitted. In addition, production
and processing facilities may be located together to benefit from the tax
break offered by the WSLCB for facilities that both produce and process
marijuana; the M3 zoning district is best suited for the marijuana processing,
as discussed below.
6
M3 Zoning District
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Processing:
WAC 314-55-077: "A marijuana processor license allows the licensee to
process, package, and label usable marijuana and marijuana-infused
products for sale at wholesale to marijuana retailers."
Option A: do not allow marijuana processing in any zoning district
Option B: allow marijuana processing only in M3 General Industrial District
Kent City Code 15.03.010 definition of M3: "The purpose of the
M3 district is to provide areas suitable for the broadest range of
industrial activities, and to specify those industrial activities
having unusual or potentially deleterious operational
characteristics, where special attention must be paid to location
and site development..."
Option C: allow marijuana processing in the same zoning districts as an
existing use in the zoning code: "Manufacturing, processing, blending, and
packaging of drugs, pharmaceuticals, toiletries, and cosmetics": CM-1, CM-2,
M1, M1-C, M2, M3, GWC
Should the decision be to allow mariivana processing in the City of Kent,
staff's preliminary recommended zoning option is Option B: The M3 zone is
designed for industrial activities that have unusual or potentially deleterious
operational characteristics. Potential adverse impacts of marijuana
production are not specifically known at this time, because production
facilities under I-502 have not yet been permitted. Some safety concerns
may be warranted, since processors start with raw materials and use
solvents, chemicals, gases, and other compounds to extract oils and create
and process marijuana infused products.
8
M3 Zoning District
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Retail:
WAC 314-55-079: "A marijuana retailer license allows the licensee to sell
only usable marijuana, marijuana-infused products, and marijuana
paraphernalia at retail in retail outlets to persons twenty-one years of age
and older."
Option A: do not allow marijuana retail sales in any zoning district
Option B: allow marijuana retail sales only in GWC (Gateway Commercial)
zoning district:
Kent City Code 15.03.010 definition of GWC: "It is the purpose
of the gateway commercial district to provide retail commercial
uses appropriate along major vehicular corridors while
encouraging appropriate and unified development among the
properties within the district. It is designed to create unique,
unified, and recognizable streetscapes while ensuring land use
compatibility and the exclusion of inappropriate uses. It is also
intended to promote flexibility in appropriate areas of site
design and to encourage mixed use developments. The gateway
commercial district recognizes the significance of the automobile
while simultaneously minimizing its dominance in commercially
developed areas and avoiding unsightly highway strip
commercial development. The gateway commercial
development standards promote land uses which minimize
physical and visual impacts normally associated with highway
commercial developments. Landscaping, parking, and sign
standards have all been enhanced as compared to the current
commercial and industrial zoning districts. These standards will
promote a viable, unique, and recognizable commercial area
along East Valley Highway. Moreover, the gateway commercial
district will encourage the development of commercial uses
capable of benefiting and ensuring the long-term enhancement
of properties throughout the study area."
Option C: allow marijuana retail sales only in CM-2 (Commercial
Manufacturing 2) zoning district:
Kent City Code 15.03.010 definition of CM-2: "It is the purpose
of the CM-2 district to provide locations for those types of
developments which combine some characteristics of both retail
establishments and small-scale, light industrial operations,
heavy commercial and wholesale uses, and specialty
manufacturing.'
Option D: allow marijuana retail sales only in the M1-C (Industrial Park/
Commercial) zoning district (definition of this zone is part of the M1
definition):
10
Kent City Code 15.03.010 definition of M1-C: "...It is also the
purpose of this zone to allow certain limited commercial land
uses that provide necessary personal and business services for
the general industrial area. Such uses are allowed in the M1
district, through the application of the "C"suffix, at centralized,
nodal locations where major arterials intersect."
Option E: allow marijuana retail sales in the same zoning districts as an
existing use in the zoning code: "liquor store": NCC, CC, DC, DCE, MTC-1,
MTC-2, MCR, CM-2, GC, M1-C, GWC
Should the decision be to allow mariivana retail in the City of Kent, staff's
preliminary recommended zoning option is Option B: The buffer restrictions
imposed by the Liquor Control Board limit commercially zoned areas where
marijuana retail uses might exist. The GWC zone is not heavily impacted by
these buffer restrictions. Other commercial nodes that are not heavily
impacted by the buffer restrictions are located throughout the City, but are in
areas with higher crime rates. It is unknown at this time how these retail
facilities may impact crime rates; however, marijuana retail shops will be
cash-only businesses, which may invite more crime. In addition, this zone is
not located within close proximity to residentially zoned areas. The intent of
this option is to not overburden the Kent Police Department by locating these
facilities in areas with historically high crime rates and to protect residential
areas.
11
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Other restrictions to consider:
a) "Marijuana producers, processors, and retailers shall not operate as
accessory to a primary use or as a home occupation."
This restriction would prohibit operations from circumventing the
zoning districts in which these uses may be allowed by preventing
them from being a part of another use or operating out of a home, as
a home occupation. This additional language has been proposed in
other jurisdictions as well.
b) "All activities shall occur within an enclosed structure and shall be
designed, located, constructed, and buffered to blend in with its
surrounding and mitigate significant adverse impacts on adjoining
properties and the community, and special attention shall be given to
minimizing odor, noise, light, glare, and traffic impacts. Marijuana
uses shall be designed to include controls and features to prevent
odors from travelling off-site and being detected from a public right-of-
way, or other properties or uses."
Marijuana production and processing may create odor impacts to the
surrounding area. "The pungent odor from marijuana cultivation
operations is objectionable to many people. Offensive odors can easily
migrate in and around the marijuana cultivation site and some strains
produce odors that are detectable in the surrounding neighborhood as
well as adjacent tenants" (Best Management Practices: Commercial
Medical Marijuana Cultivation, City of Denver, April 2011). Indoor
facilities may be more equipped to properly vent odors, as well as
address security concerns. Similar additional language has been
proposed in other jurisdictions as well.
Should the decision be to allow marijuana uses in the City of Kent through
zoning, staff recommends including these additional items.
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17
ATTACHMENT 3
Kent Police Department
Reported ILP Case Reports: May 1, 2013 - April 30, 2014
ILP crimes shown below include Theft from Vehicle, Vehicle Theft, Robbery and Residential
Burglary.
Each dot on the below map represents one or more reported crimes at that specific
location in the past year.
♦
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The above dots represent the location of 2,767 reported crimes over the past year.
18
The below density map represents the same reported crimes as above, but shows the
density of those crimes relative to location. The more crimes in close proximity to each
other, the darker the red. Yellow represents a very high concentration of reported crimes.
s
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F
The above red hued areas reflect a high density of reported ILP crimes. The "Hot Spot"
areas include:
27th Place on the West Hill
64/Smith in the Valley
Kent Station area in the Valley
North Central Apartments in the Valley
104/256 area on the East Hill
108/240 area on the East Hill
108/208 area on the East Hill
19
Finally, the below density map reflects higher concentrations of 911 calls received by
Valley Comm over the past year. The "Hot Spots" generally reflect the same area's as the
ILP Crime "Hot Spots", but with higher concentrations/density, due to other crimes being
reported as well.
M
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. . ..........
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The above areas are Kent PID's "Hot Spots" of 911 calls received by Valley Comm. They
can be quickly labeled the following:
27 th Place on the West Hill — the bright yellow area.
252/Pac Hwy on the West Hill
64/Smith in the Valley — another yellow spot
Kent Station area in the Valley
108/240 on the East Hill
104/256 on the East Hill
20
21
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
KENT Charlene Anderson, AICP, Manager
wAs�, ��.o�
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
June 2, 2014
TO: Chair Jack Ottini and Land Use & Planning Board Members
FROM: Fred Satterstrom, AICP, Planning Director
Erin George, AICP, Senior Planner
RE: Riverbend Surplus Property Comprehensive Plan Amendment and Rezone
(CPA-2014-1 and CPZ-2014-1)
For the June 9, 2014 Workshop
BACKGROUND:
The fiscal sustainability of the City's golf operations has been the subject of several
City Council workshops over the past year. During this time, City staff has
presented a variety of options to the Council aimed at addressing the fiscal
challenges of operating and maintaining a full golf complex. One of these options is
to offer the Par 3 course for sale to a developer who would, in turn, create a
landmark development worthy of such a prominent, signature site.
To prepare the site for potential development, it is necessary to modify the zoning
and comprehensive plan designations. Currently, in light of its present use as a
golf course, the site is zoned for low intensity land uses (SR-1) and its designation
in the comprehensive plan is Open Space. Discussions with the City Council have
envisioned a more urban, mixed use scenario which would require a change in
zoning and plan designations.
At their May 6th meeting, City Council approved Resolution #1883, which
authorized staff to move forward with a comprehensive plan amendment on the
Riverbend surplus property site.
DISCUSSION:
The location and physical characteristics of the Riverbend surplus site create
opportunities as well as potential limitations that need to be considered when
choosing land use and zoning designations (see map in Attachment 1). With 23
acres of flat property and 1,500 feet of frontage on Meeker Street, the site lends
itself to a variety of potential land uses such as retail, office, hotel or multi-family
residential. Located just east of a major intersection with State Route 516, the site
enjoys easy access to Interstate 5 and State Route 167, which are desirable factors
for commercial and office uses.
22
MEMORANDUM:
Land Use and Planning Board Workshop
June 2, 2014
Page 2
Two thousand feet of river and trail frontage provide recreational and view
opportunities, while also presenting limitations due to shoreline regulations.
Developments within 200 feet of the river are limited to water-related commercial
uses no higher than 35 feet and must provide public access to the shoreline.
Residential uses are not permitted within 200 feet. Despite these constraints, such
a large site could easily accommodate residential or office uses outside the 200
feet, with a water-related use such as a restaurant with views and outdoor dining
areas closer to the river.
Choosing the zoning for this site will shape what future development could be, and
must consider not only the site characteristics but also community vision and
market demand. With the recent Downtown Subarea Action Plan, the boundaries of
downtown were extended west to 64th Avenue South, reflecting "the relevance of
areas located west ... of the current boundaries to the economic vitality of, and
synergy with what is traditionally considered the downtown." (DSAP page 4-1)
Given this expansion, the Riverbend Surplus site could be considered a gateway to
downtown Kent. The DSAP pursues a dense, mixed-use urban center and
specifically seeks to increase the mix of uses by expanding GC-MU zoning further
west to Russell Road. With City Council's goal of urban, mixed use development in
mind, staff will present four zoning options for the Board's consideration. Two of the
options are mixed use, one is residential only and the last is a "no action"
alternative. Refer to the tables in Attachment 2 for a detailed comparison of uses
and standards for each zoning district, with a brief summary provided here:
Option 1: MCR, Midway Commercial Residential
Recently created by the Midway Subarea Plan, but need not be limited to the
Midway area; it is a viable option for the Riverbend Surplus site.
Allows mixed use, retail, office, hotel, multifamily residential
Prohibits auto-oriented uses such as auto repair, car sales and drive through
Ensures quality development through Midway Design Guidelines
Minor change to Zoning Code needed to ensure Midway Design Guidelines
apply outside Transit Oriented Community (TOC) comprehensive plan land
use designation
200 foot height limit allows flexibility of design
Mixed Use (MU) comprehensive plan land use designation is the natural
choice to support this zoning designation
TOC land use designation is an option, but was intended to surround a light
rail station
Option 2: GC-MU, General Commercial Mixed Use
• Broad mix of uses allowed
• Recent re-zoning in Downtown Strategic Action Plan brought GC-MU further
west to Russell Road
• Multifamily residential must include 5% commercial
23
MEMORANDUM:
Land Use and Planning Board Workshop
June 2, 2014
Page 3
• Nearly all commercial uses are allowed, as well as outdoor storage
• Mixed use design review required; less specific and more suburban than
Midway Design Guidelines
• Mixed Use (MU) land use designation could support this zone
Option 3: MR-M, Medium Density Multifamily Residential
• Natural extension of MR-M zoning to the east
• Multifamily residential is primary allowed use
• No commercial allowed
• Medium Density Multifamily (MDMF) land use designation could support this
zone
Option 4: No Action (SR-1, Residential Agricultural)
• Allows low density single family residential (1 unit per acre)
• Clustering required with 50% open space
• Agricultural and open space uses allowed
• No commercial allowed
• Open Space (OS) comprehensive plan land use designation would remain
At the June 23rd meeting, staff would like to discuss with the Board the options for
amendment, prior to scheduling a public hearing in July.
EG\pm S:\Permit\Plan\COM P_PLAN_AMENDMENTS\2014\CPA-2014-1_Par3\LUPB\06-09-14_LUPB_Memo.doc
Enc: Attach 1-Site Map
Attach 2- Land Use Comparison Table
cc: Ben Wolters, Economic and Community Development Director
Charlene Anderson,AICP, Planning Manager
Matt Gilbert,AICP, Principal Planner
David Galazin,Assistant City Attorney
Project File CPA-2014-1 and CPZ-2014-1
24
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ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
KENT Charlene Anderson, AICP, Manager
wAs�, ��.o�
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
June 2, 2014
TO: Chair Jack Ottini and Land Use & Planning Board Members
FROM: Fred Satterstrom, AICP, Planning Director
Erin George, AICP, Senior Planner
RE: Green River Corridor District Zoning Code Amendment (ZCA-2014-3)
For the June 9, 2014 Workshop
SUMMARY:
Staff will discuss the possibility of eliminating the height restriction and revising the
building length restriction within the Green River Corridor District (1,000 feet from
the river), regulated by Kent City Code 15.08.260.0 (6) and (7). Building heights
within the corridor would continue to be limited by development standards in the
Zoning Code and Shoreline Master Program.
BACKGROUND:
While crafting the Downtown Subarea Action Plan (DSAP) and expanding the
downtown boundaries west of State Route 167, staff noted a Green River Corridor
District requirement contained in the Zoning Code that limits building height to 35
feet and limits building length to 200 feet within 1,000 feet of the Green River. This
standard conflicts with the new 65 foot height limit applied by the DSAP for the GC-
MU zoning district, which includes portions of the downtown planning area that are
also located within the Green River Corridor.
The Shoreline Management Act was passed by the State Legislature in 1971, which
applies to areas within 200 feet of shorelines such as the Green River. As required
by the Act, the City adopted the City of Kent Shoreline Master Program (SMP) in
1974, which has been subsequently updated several times. Among other
restrictions, the SMP restricts buildings within 200 feet of the Green River to 35 feet
in height. Kent adopted the Green River Corridor District regulations in 1985 to
provide an additional 800 foot corridor beyond the Green River shoreline zone
protected from "land uses that would adversely affect the shoreline environment or
produce high volumes of traffic, and to preserve features with historic, cultural or
educational significance." The regulations also implemented policies contained in
the Valley Studies Program Land Use Study (1981) and Green River Corridor Plan
(1980).
30
MEMORANDUM:
Land Use and Planning Board Workshop
June 2, 2014
Page 2
DISCUSSION:
Zoning districts, the Shoreline Master Program, and the Green River Corridor
District standards each contain building height regulations. These regulations
overlap and create an opportunity for simplification. The Shoreline Master Program
applies only to development within 200 feet of the Green River and limits building
heights within this zone to 35 feet. The Green River Corridor District effectively
extends this height limitation out to 1,000 feet from the river. Zoning district
development standards also apply to riverside lands, and contain height limitations
that vary by zoning district. Most of the zoning districts located within the Green
River corridor imposes similar restrictions. Only one zone, GC-MU allows building
heights over 40 feet. The table below compares the various height standards.
Regulations Height limit
Shoreline Master 35 feet
Program 200 ft.
Green River 35 feet
Corridor (1,000 ft.
Zoning Code, by
zoning district:
A-10 35 feet
AG 35 feet
CM-2 35 feet
GC 35 feet
GC-MU 65 feet
M1 35 feet
M2 35 feet
MA 35 feet
MHP N/A
MR-G 40 feet
MR-M 40 feet
SR-1 35 feet
SR-8 30 feet
As for building length, the Green River Corridor District regulations restrict buildings
within the corridor to no more than 200 feet in length. However, buildings located
in several industrial zones are allowed to exceed 200 feet in length if vegetative
screening is provided. As development intensity in commercial zones is similar to
that in industrial zones, also exempting MCR and GC-MU (the only commercial
zones in the corridor) from this building length standard is logical. The Shoreline
Master Program already requires a 15 foot landscape buffer between new buildings
or parking lots and the Green River Trail. Furthermore, developments in MCR and
GC-MU zoning districts must comply with design guidelines, which address aesthetic
concerns such as blank walls and perception of bulk.
31
MEMORANDUM:
Land Use and Planning Board Workshop
June 2, 2014
Page 3
Given the zoning and shoreline restrictions on height already in place and the
recent adoption of the DSAP, extending the 35-foot limitation to 1,000 feet is no
longer appropriate. Also, in light of shoreline landscape requirements and design
guidelines, amending the building length exception to include MCR and GC-MU is
logical. At the June 28th meeting, staff would like to discuss the possibility of
eliminating the height restriction and amending the building length restrictions
within the Green River Corridor District prior to scheduling a public hearing.
EG\pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2014\ZCA-2014-3Gree n Rive rCorrid or Dist\LUPB\06-09-14_LU PB_Me m o.doc
Enc: Attach 1-Green River Corridor Map
cc: Ben Wolters, Economic and Community Development Director
Charlene Anderson,AICP, Planning Manager
Matt Gilbert,AICP, Principal Planner
David Galazin,Assistant City Attorney
Project File ZCA-2014-3
32
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ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
\17 KENT Charlene Anderson, AICP, Manager
w"111'".T." Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
AGENDA
LAND USE & PLANNING BOARD
WORKSHOP
JUNE 9, 2014
7:00 P.M.
LUPB MEMBERS: Jack Ottini, Chair; Barbara Phillips, Vice Chair; Frank
Cornelius, Navdeep Gill, Alan Gray, Katherine Jones, and Randall Smith
CITY STAFF: Charlene Anderson, AICP, Planning Manager; Fred Satterstrom,
AICP, Planning Director; Erin George, Sr. Planner; 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 9, 2014. 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-2014-2 RECREATIONAL MARIJUANA ZONING REGULATIONS (KG)
Discussion on zoning regulations related to production, processing, and
retail sales of recreational marijuana. Page 1
2. CPA-2014-1/CPZ-2014-1 RIVERBEND SURPLUS PROPERTY (EG/FS)
Discussion on modification of the zoning and comprehensive plan
designations for potential future development. Page 21
3. ZCA-2014-3 GREEN RIVER CORRIDOR DISTRICT (EG/FS)
Discussion on amending the zoning related to building heights within
the corridor district. Page 29
You may access the City's website for documents pertaining to the Land Use and Planning
Board at: htti):Ilkentwa.ic7m2.com/citizensIDefau/Last)x?Det)artmentlD=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.
1
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
KENT Charlene Anderson, AICP, Manager
wAs�, ��.o�
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
June 2, 2014
TO: Chair Jack Ottini and Land Use & Planning Board Members
FROM: Katie Graves, Planner
RE: Recreational Marijuana Zoning ZCA-2014-2
For the June 9, 2014 Workshop
ISSUE: How should the City address and establish zoning regulations for
recreational marijuana producers, processors, and retailers?
BACKGROUND:
At the May 12, 2014 LUPB workshop, staff discussed with the Board the background
of Initiative I-502 (I-502), potential impacts of recreational marijuana production,
processing, and retail facilities, and zoning options to consider.
Here is a recap of the discussion of I-502:
It was passed by Washington voters in November 2012 which legalized the
use of recreational marijuana. I-502 directed the Washington State Liquor
Control Board (WSLCB) to develop rules for the implementation of the
licensing provisions of I-502 for recreational marijuana producers,
processors, and retailers, and be the entity to issue state licenses. The
WSLCB has since passed rules to regulate these uses.
The WSLCB also determined the maximum number of retail outlets to be
licensed, per jurisdiction. Kent is allotted up to three retailers. There is no
maximum number of licenses that will be issued by the WSLCB for marijuana
producers and processors; however, the maximum statewide production is
limited to 2,000,000 square feet of plant canopy.
It is important to note that I-502 is separate from medical marijuana
regulations, and the City is only considering zoning options at this time for
recreational marijuana producers, processors, and retailers. Medical
marijuana collective gardens are not permitted within City of Kent, per Kent
City Code 15.08.290.
Possession, use, growth, and distribution of marijuana, whether it is for
recreational or medical use, are still illegal under Federal law. Marijuana
remains a Schedule 1 drug under the Federal Controlled Substance Act.
2
MEMORANDUM:
Land Use and Planning Board Workshop
June 9, 2014
Page 2
Kent has a moratorium in place for recreational marijuana uses, in order to allow
the City to consider zoning options for marijuana producers, processors, and
retailers. The moratorium expires on November 27, 2014.
The production, processing, and retail sale of marijuana has only recently become a
permitted activity under Washington state law. Colorado is the only other state
that permits the retail production, processing and sale of marijuana. Thus, the land
use impacts associated with state licensed production, processing and retail sale of
marijuana have not been definitively established, but do have potential impacts
that need to be taken into consideration. Here is a recap of potential impacts of
recreation marijuana production, processing, and retail facilities that were discussed
at the last workshop:
1) Odors. Marijuana production and processing may create odors that can
be detectable to the surrounding area, whether it be a tenant space next
door, or an adjacent property or sidewalk.
2) Safety. Some safety concerns may be warranted, since processors start
with raw materials and use solvents, chemicals, gases, and other
compounds to extract oils and create and process marijuana infused
products.
3) Crime. It is unknown at this time how these retail facilities may impact
crime rates; however, despite recent federal financial guidance, marijuana
retail shops are likely to remain cash-only businesses for the foreseeable
future, and will contain easily-transportable products that will be in high
demand. There is an obvious concern that this combination may invite
more crime at these locations.
Kent Police has prepared crime rate maps that show where the
concentration of crime in Kent has occurred in the past year; specifically
vehicle prowls, vehicle theft, recovery of stolen vehicles, robberies, rapes,
residential burglaries, and commercial burglaries.
4) Impacts to surrounding land uses. The WSLCB has through its rules
passed this fall, prohibited marijuana uses from being within 1000' of the
following uses:
-Elementary and secondary schools
-Playground
-Recreational center of facility (geared toward people under 21 years
of age and owned or operated by a charitable entity or government
agency)
-Child care center
-Public park
-Public transit center
-Library
-Game arcade (where admission is not restricted to persons age 21 or
older)
Neither I-502 nor the rules adopted by the WSLCB address the proper
location within a city for state licensed production, processing or retail
sales facilities, other than these buffer restrictions.
3
MEMORANDUM:
Land Use and Planning Board Workshop
June 9, 2014
Page 3
DISCUSSION:
The City of Kent has the ability to determine the appropriate uses of land through
its zoning authority, including the ability to ban recreational marijuana uses.
Should the decision be to allow recreational marijuana facilities, several options
have been prepared by staff, along with preliminary staff recommendations. These
options address the three types of marijuana business use (i.e., production,
processing, and retail) separately and are outlined in detail in Attachment 1. Staff
has prepared a map that illustrates the locations that marijuana uses would be
restricted by the LCB buffers (Attachment 2). Also included are maps identifying
crime "hot spots," prepared by the Kent Police Department (Attachment 3).
The purpose of this workshop is to further discuss zoning options for recreational
marijuana.
KG\pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2014\ZCA-2014-2 Marijuana\LUPB\Wrkshp6-9-14\06-09-14_LUP13_Memo.doc
Enc: Attach 1-Draft Zoning Options
Attach 2-Kent Buffers Map
Attach 3-Kent Crime Hot Spot Maps
cc: Ben Wolters, Economic and Community Development Director
Fred Satterstrom,AICP, Planning Director
Charlene Anderson,AICP, Planning Manager
David Galazin,Assistant City Attorney
Project File ZCA-2014-2
4
5
ATTACHMENT 1
Recreational Marijuana - Potential Zoning Options
Production:
WAC 314-55-075: "A marijuana producer license allows the licensee to
produce marijuana for sale at wholesale to marijuana processor licensees and
to other marijuana producer licensees. Marijuana production must take place
within a fully enclosed secure indoor facility or greenhouse with rigid walls, a
roof, and doors. Outdoor production may take place in nonrigid greenhouses,
other structures, or an expanse of open or cleared ground fully enclosed by a
physical barrier. To obscure public view of the premises, outdoor production
must be enclosed by a sight obscure wall or fence at least eight feet high.
Outdoor producers must meet security requirements described in WAC 314-
55-083.
Option A: do not allow marijuana production in any zoning district
Option B: allow marijuana production only in M3 General Industrial District
Kent City Code 15.03.010: "The purpose of the M3 district is to
provide areas suitable for the broadest range of industrial
activities, and to specify those industrial activities having
unusual or potentially deleterious operational characteristics,
where special attention must be paid to location and site
development ...'
Option C: allow marijuana production in the same zoning districts as an
existing use in the zoning code: "Manufacturing, processing, blending, and
packaging of drugs, pharmaceuticals, toiletries, and cosmetics": CM-1, CM-2,
M1, M1-C, M2, M3, GWC
Option D: allow marijuana production in the similar zoning districts as an
existing agricultural use in the zoning code: "Agricultural uses such as
planting and harvesting of crops, animal husbandry (including wholesale
nurseries and greenhouses)": A-10, AG, MA (exclude SR-1 from this use)
Should the decision be to allow mariivana production in the City of Kent,
staff's preliminary recommended zoning option is Option B: The M3 zone is
designed for industrial activities that have unusual or potentially deleterious
operational characteristics. Potential adverse impacts of marijuana
production are not specifically known at this time, because production
facilities under I-502 have not yet been permitted. In addition, production
and processing facilities may be located together to benefit from the tax
break offered by the WSLCB for facilities that both produce and process
marijuana; the M3 zoning district is best suited for the marijuana processing,
as discussed below.
6
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Processing:
WAC 314-55-077: "A marijuana processor license allows the licensee to
process, package, and label usable marijuana and marijuana-infused
products for sale at wholesale to marijuana retailers."
Option A: do not allow marijuana processing in any zoning district
Option B: allow marijuana processing only in M3 General Industrial District
Kent City Code 15.03.010 definition of M3: "The purpose of the
M3 district is to provide areas suitable for the broadest range of
industrial activities, and to specify those industrial activities
having unusual or potentially deleterious operational
characteristics, where special attention must be paid to location
and site development..."
Option C: allow marijuana processing in the same zoning districts as an
existing use in the zoning code: "Manufacturing, processing, blending, and
packaging of drugs, pharmaceuticals, toiletries, and cosmetics": CM-1, CM-2,
M1, M1-C, M2, M3, GWC
Should the decision be to allow mariivana processing in the City of Kent,
staff's preliminary recommended zoning option is Option B: The M3 zone is
designed for industrial activities that have unusual or potentially deleterious
operational characteristics. Potential adverse impacts of marijuana
production are not specifically known at this time, because production
facilities under I-502 have not yet been permitted. Some safety concerns
may be warranted, since processors start with raw materials and use
solvents, chemicals, gases, and other compounds to extract oils and create
and process marijuana infused products.
8
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Retail:
WAC 314-55-079: "A marijuana retailer license allows the licensee to sell
only usable marijuana, marijuana-infused products, and marijuana
paraphernalia at retail in retail outlets to persons twenty-one years of age
and older."
Option A: do not allow marijuana retail sales in any zoning district
Option B: allow marijuana retail sales only in GWC (Gateway Commercial)
zoning district:
Kent City Code 15.03.010 definition of GWC: "It is the purpose
of the gateway commercial district to provide retail commercial
uses appropriate along major vehicular corridors while
encouraging appropriate and unified development among the
properties within the district. It is designed to create unique,
unified, and recognizable streetscapes while ensuring land use
compatibility and the exclusion of inappropriate uses. It is also
intended to promote flexibility in appropriate areas of site
design and to encourage mixed use developments. The gateway
commercial district recognizes the significance of the automobile
while simultaneously minimizing its dominance in commercially
developed areas and avoiding unsightly highway strip
commercial development. The gateway commercial
development standards promote land uses which minimize
physical and visual impacts normally associated with highway
commercial developments. Landscaping, parking, and sign
standards have all been enhanced as compared to the current
commercial and industrial zoning districts. These standards will
promote a viable, unique, and recognizable commercial area
along East Valley Highway. Moreover, the gateway commercial
district will encourage the development of commercial uses
capable of benefiting and ensuring the long-term enhancement
of properties throughout the study area."
Option C: allow marijuana retail sales only in CM-2 (Commercial
Manufacturing 2) zoning district:
Kent City Code 15.03.010 definition of CM-2: "It is the purpose
of the CM-2 district to provide locations for those types of
developments which combine some characteristics of both retail
establishments and small-scale, light industrial operations,
heavy commercial and wholesale uses, and specialty
manufacturing.'
Option D: allow marijuana retail sales only in the M1-C (Industrial Park/
Commercial) zoning district (definition of this zone is part of the M1
definition):
10
Kent City Code 15.03.010 definition of M1-C: "...It is also the
purpose of this zone to allow certain limited commercial land
uses that provide necessary personal and business services for
the general industrial area. Such uses are allowed in the M1
district, through the application of the "C"suffix, at centralized,
nodal locations where major arterials intersect."
Option E: allow marijuana retail sales in the same zoning districts as an
existing use in the zoning code: "liquor store": NCC, CC, DC, DCE, MTC-1,
MTC-2, MCR, CM-2, GC, M1-C, GWC
Should the decision be to allow mariivana retail in the City of Kent, staff's
preliminary recommended zoning option is Option B: The buffer restrictions
imposed by the Liquor Control Board limit commercially zoned areas where
marijuana retail uses might exist. The GWC zone is not heavily impacted by
these buffer restrictions. Other commercial nodes that are not heavily
impacted by the buffer restrictions are located throughout the City, but are in
areas with higher crime rates. It is unknown at this time how these retail
facilities may impact crime rates; however, marijuana retail shops will be
cash-only businesses, which may invite more crime. In addition, this zone is
not located within close proximity to residentially zoned areas. The intent of
this option is to not overburden the Kent Police Department by locating these
facilities in areas with historically high crime rates and to protect residential
areas.
11
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Other restrictions to consider:
a) "Marijuana producers, processors, and retailers shall not operate as
accessory to a primary use or as a home occupation."
This restriction would prohibit operations from circumventing the
zoning districts in which these uses may be allowed by preventing
them from being a part of another use or operating out of a home, as
a home occupation. This additional language has been proposed in
other jurisdictions as well.
b) "All activities shall occur within an enclosed structure and shall be
designed, located, constructed, and buffered to blend in with its
surrounding and mitigate significant adverse impacts on adjoining
properties and the community, and special attention shall be given to
minimizing odor, noise, light, glare, and traffic impacts. Marijuana
uses shall be designed to include controls and features to prevent
odors from travelling off-site and being detected from a public right-of-
way, or other properties or uses."
Marijuana production and processing may create odor impacts to the
surrounding area. "The pungent odor from marijuana cultivation
operations is objectionable to many people. Offensive odors can easily
migrate in and around the marijuana cultivation site and some strains
produce odors that are detectable in the surrounding neighborhood as
well as adjacent tenants" (Best Management Practices: Commercial
Medical Marijuana Cultivation, City of Denver, April 2011). Indoor
facilities may be more equipped to properly vent odors, as well as
address security concerns. Similar additional language has been
proposed in other jurisdictions as well.
Should the decision be to allow marijuana uses in the City of Kent through
zoning, staff recommends including these additional items.
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ATTACHMENT 3
Kent Police Department
Reported ILP Case Reports: May 1, 2013 - April 30, 2014
ILP crimes shown below include Theft from Vehicle, Vehicle Theft, Robbery and Residential
Burglary.
Each dot on the below map represents one or more reported crimes at that specific
location in the past year.
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The above dots represent the location of 2,767 reported crimes over the past year.
18
The below density map represents the same reported crimes as above, but shows the
density of those crimes relative to location. The more crimes in close proximity to each
other, the darker the red. Yellow represents a very high concentration of reported crimes.
s
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The above red hued areas reflect a high density of reported ILP crimes. The "Hot Spot"
areas include:
27th Place on the West Hill
64/Smith in the Valley
Kent Station area in the Valley
North Central Apartments in the Valley
104/256 area on the East Hill
108/240 area on the East Hill
108/208 area on the East Hill
19
Finally, the below density map reflects higher concentrations of 911 calls received by
Valley Comm over the past year. The "Hot Spots" generally reflect the same area's as the
ILP Crime "Hot Spots", but with higher concentrations/density, due to other crimes being
reported as well.
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The above areas are Kent PID's "Hot Spots" of 911 calls received by Valley Comm. They
can be quickly labeled the following:
27 th Place on the West Hill — the bright yellow area.
252/Pac Hwy on the West Hill
64/Smith in the Valley — another yellow spot
Kent Station area in the Valley
108/240 on the East Hill
104/256 on the East Hill
20
21
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
KENT Charlene Anderson, AICP, Manager
wAs�, ��.o�
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
June 2, 2014
TO: Chair Jack Ottini and Land Use & Planning Board Members
FROM: Fred Satterstrom, AICP, Planning Director
Erin George, AICP, Senior Planner
RE: Riverbend Surplus Property Comprehensive Plan Amendment and Rezone
(CPA-2014-1 and CPZ-2014-1)
For the June 9, 2014 Workshop
BACKGROUND:
The fiscal sustainability of the City's golf operations has been the subject of several
City Council workshops over the past year. During this time, City staff has
presented a variety of options to the Council aimed at addressing the fiscal
challenges of operating and maintaining a full golf complex. One of these options is
to offer the Par 3 course for sale to a developer who would, in turn, create a
landmark development worthy of such a prominent, signature site.
To prepare the site for potential development, it is necessary to modify the zoning
and comprehensive plan designations. Currently, in light of its present use as a
golf course, the site is zoned for low intensity land uses (SR-1) and its designation
in the comprehensive plan is Open Space. Discussions with the City Council have
envisioned a more urban, mixed use scenario which would require a change in
zoning and plan designations.
At their May 6th meeting, City Council approved Resolution #1883, which
authorized staff to move forward with a comprehensive plan amendment on the
Riverbend surplus property site.
DISCUSSION:
The location and physical characteristics of the Riverbend surplus site create
opportunities as well as potential limitations that need to be considered when
choosing land use and zoning designations (see map in Attachment 1). With 23
acres of flat property and 1,500 feet of frontage on Meeker Street, the site lends
itself to a variety of potential land uses such as retail, office, hotel or multi-family
residential. Located just east of a major intersection with State Route 516, the site
enjoys easy access to Interstate 5 and State Route 167, which are desirable factors
for commercial and office uses.
22
MEMORANDUM:
Land Use and Planning Board Workshop
June 2, 2014
Page 2
Two thousand feet of river and trail frontage provide recreational and view
opportunities, while also presenting limitations due to shoreline regulations.
Developments within 200 feet of the river are limited to water-related commercial
uses no higher than 35 feet and must provide public access to the shoreline.
Residential uses are not permitted within 200 feet. Despite these constraints, such
a large site could easily accommodate residential or office uses outside the 200
feet, with a water-related use such as a restaurant with views and outdoor dining
areas closer to the river.
Choosing the zoning for this site will shape what future development could be, and
must consider not only the site characteristics but also community vision and
market demand. With the recent Downtown Subarea Action Plan, the boundaries of
downtown were extended west to 64th Avenue South, reflecting "the relevance of
areas located west ... of the current boundaries to the economic vitality of, and
synergy with what is traditionally considered the downtown." (DSAP page 4-1)
Given this expansion, the Riverbend Surplus site could be considered a gateway to
downtown Kent. The DSAP pursues a dense, mixed-use urban center and
specifically seeks to increase the mix of uses by expanding GC-MU zoning further
west to Russell Road. With City Council's goal of urban, mixed use development in
mind, staff will present four zoning options for the Board's consideration. Two of the
options are mixed use, one is residential only and the last is a "no action"
alternative. Refer to the tables in Attachment 2 for a detailed comparison of uses
and standards for each zoning district, with a brief summary provided here:
Option 1: MCR, Midway Commercial Residential
Recently created by the Midway Subarea Plan, but need not be limited to the
Midway area; it is a viable option for the Riverbend Surplus site.
Allows mixed use, retail, office, hotel, multifamily residential
Prohibits auto-oriented uses such as auto repair, car sales and drive through
Ensures quality development through Midway Design Guidelines
Minor change to Zoning Code needed to ensure Midway Design Guidelines
apply outside Transit Oriented Community (TOC) comprehensive plan land
use designation
200 foot height limit allows flexibility of design
Mixed Use (MU) comprehensive plan land use designation is the natural
choice to support this zoning designation
TOC land use designation is an option, but was intended to surround a light
rail station
Option 2: GC-MU, General Commercial Mixed Use
• Broad mix of uses allowed
• Recent re-zoning in Downtown Strategic Action Plan brought GC-MU further
west to Russell Road
• Multifamily residential must include 5% commercial
23
MEMORANDUM:
Land Use and Planning Board Workshop
June 2, 2014
Page 3
• Nearly all commercial uses are allowed, as well as outdoor storage
• Mixed use design review required; less specific and more suburban than
Midway Design Guidelines
• Mixed Use (MU) land use designation could support this zone
Option 3: MR-M, Medium Density Multifamily Residential
• Natural extension of MR-M zoning to the east
• Multifamily residential is primary allowed use
• No commercial allowed
• Medium Density Multifamily (MDMF) land use designation could support this
zone
Option 4: No Action (SR-1, Residential Agricultural)
• Allows low density single family residential (1 unit per acre)
• Clustering required with 50% open space
• Agricultural and open space uses allowed
• No commercial allowed
• Open Space (OS) comprehensive plan land use designation would remain
At the June 23rd meeting, staff would like to discuss with the Board the options for
amendment, prior to scheduling a public hearing in July.
EG\pm S:\Permit\Plan\COM P_PLAN_AMENDMENTS\2014\CPA-2014-1_Par3\LUPB\06-09-14_LUPB_Memo.doc
Enc: Attach 1-Site Map
Attach 2- Land Use Comparison Table
cc: Ben Wolters, Economic and Community Development Director
Charlene Anderson,AICP, Planning Manager
Matt Gilbert,AICP, Principal Planner
David Galazin,Assistant City Attorney
Project File CPA-2014-1 and CPZ-2014-1
24
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29
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
KENT Charlene Anderson, AICP, Manager
wAs�, ��.o�
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
June 2, 2014
TO: Chair Jack Ottini and Land Use & Planning Board Members
FROM: Fred Satterstrom, AICP, Planning Director
Erin George, AICP, Senior Planner
RE: Green River Corridor District Zoning Code Amendment (ZCA-2014-3)
For the June 9, 2014 Workshop
SUMMARY:
Staff will discuss the possibility of eliminating the height restriction and revising the
building length restriction within the Green River Corridor District (1,000 feet from
the river), regulated by Kent City Code 15.08.260.0 (6) and (7). Building heights
within the corridor would continue to be limited by development standards in the
Zoning Code and Shoreline Master Program.
BACKGROUND:
While crafting the Downtown Subarea Action Plan (DSAP) and expanding the
downtown boundaries west of State Route 167, staff noted a Green River Corridor
District requirement contained in the Zoning Code that limits building height to 35
feet and limits building length to 200 feet within 1,000 feet of the Green River. This
standard conflicts with the new 65 foot height limit applied by the DSAP for the GC-
MU zoning district, which includes portions of the downtown planning area that are
also located within the Green River Corridor.
The Shoreline Management Act was passed by the State Legislature in 1971, which
applies to areas within 200 feet of shorelines such as the Green River. As required
by the Act, the City adopted the City of Kent Shoreline Master Program (SMP) in
1974, which has been subsequently updated several times. Among other
restrictions, the SMP restricts buildings within 200 feet of the Green River to 35 feet
in height. Kent adopted the Green River Corridor District regulations in 1985 to
provide an additional 800 foot corridor beyond the Green River shoreline zone
protected from "land uses that would adversely affect the shoreline environment or
produce high volumes of traffic, and to preserve features with historic, cultural or
educational significance." The regulations also implemented policies contained in
the Valley Studies Program Land Use Study (1981) and Green River Corridor Plan
(1980).
30
MEMORANDUM:
Land Use and Planning Board Workshop
June 2, 2014
Page 2
DISCUSSION:
Zoning districts, the Shoreline Master Program, and the Green River Corridor
District standards each contain building height regulations. These regulations
overlap and create an opportunity for simplification. The Shoreline Master Program
applies only to development within 200 feet of the Green River and limits building
heights within this zone to 35 feet. The Green River Corridor District effectively
extends this height limitation out to 1,000 feet from the river. Zoning district
development standards also apply to riverside lands, and contain height limitations
that vary by zoning district. Most of the zoning districts located within the Green
River corridor imposes similar restrictions. Only one zone, GC-MU allows building
heights over 40 feet. The table below compares the various height standards.
Regulations Height limit
Shoreline Master 35 feet
Program 200 ft.
Green River 35 feet
Corridor (1,000 ft.
Zoning Code, by
zoning district:
A-10 35 feet
AG 35 feet
CM-2 35 feet
GC 35 feet
GC-MU 65 feet
M1 35 feet
M2 35 feet
MA 35 feet
MHP N/A
MR-G 40 feet
MR-M 40 feet
SR-1 35 feet
SR-8 30 feet
As for building length, the Green River Corridor District regulations restrict buildings
within the corridor to no more than 200 feet in length. However, buildings located
in several industrial zones are allowed to exceed 200 feet in length if vegetative
screening is provided. As development intensity in commercial zones is similar to
that in industrial zones, also exempting MCR and GC-MU (the only commercial
zones in the corridor) from this building length standard is logical. The Shoreline
Master Program already requires a 15 foot landscape buffer between new buildings
or parking lots and the Green River Trail. Furthermore, developments in MCR and
GC-MU zoning districts must comply with design guidelines, which address aesthetic
concerns such as blank walls and perception of bulk.
31
MEMORANDUM:
Land Use and Planning Board Workshop
June 2, 2014
Page 3
Given the zoning and shoreline restrictions on height already in place and the
recent adoption of the DSAP, extending the 35-foot limitation to 1,000 feet is no
longer appropriate. Also, in light of shoreline landscape requirements and design
guidelines, amending the building length exception to include MCR and GC-MU is
logical. At the June 28th meeting, staff would like to discuss the possibility of
eliminating the height restriction and amending the building length restrictions
within the Green River Corridor District prior to scheduling a public hearing.
EG\pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2014\ZCA-2014-3Gree n Rive rCorrid or Dist\LUPB\06-09-14_LU PB_Me m o.doc
Enc: Attach 1-Green River Corridor Map
cc: Ben Wolters, Economic and Community Development Director
Charlene Anderson,AICP, Planning Manager
Matt Gilbert,AICP, Principal Planner
David Galazin,Assistant City Attorney
Project File ZCA-2014-3
32
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