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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 8 U m L N Yy m"C N E Omm O .'-v" 9 W ; a� � a,aH 3mQ o � EdU �5 E N of _ @ v E E q JlL N omoemo m E iti ° A b E m o o p O > a a .@ m U v v E 5 E E u U w COS sf0o cam o E EE F v oEUUEmm Q. C N N o E N o o v a a 5 U V u o m U o E T ICE0 L 3 2-a°d o E . . C] a ry a �.. `v v m ; U E •lQ wl f/CCI a m E E c o Uv' E U m 3 z z o Y n h ^2 V C a o m N w U p m 9 S d 0 0 0 o s. O fY/14L- E �?_ Ey Y ^I N !� E m E U o o z s na 54 VD M w ®. N p d i e AW-z;a 14 LU 57 a;.?"uiI a',5.6 — f Q WI w/ n cn lY' g ai u+ ..:asANrmer Ul w AV .__ •• �� V P hW Poaaey/%/// .m o.. Vt _\ C .m mum.°ve v � Q M/i ....by.ny lUMHa�),ttt sl,aroPo Wro� s or�g l /%//� /i%i� % l� ��.u•"".s u uN.Jr s � a l vi \b V 4. '-PN'ntJ Po � ^ G1 p. •• L4 w J HR wE w ,/i/ ......., ... a•.nW fi1J ... ,., { �Jn r,a & 1 A ne dWl 12 rm IT n �� P) 4 °. ..0 r ...�e,e, eyrtJ✓euAP ._..._ E ry I Aewryp �04 . 9� o npy es 1p - or �P}yp evr ' 66-2W"2 yr r ."3s1 ri nJ1 9^ AT O 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. ♦ ♦ j J A jj j I 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 i Uv� 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 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 ;j ell f I . . .......... rIL 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 19 M i w i r o/r i u � 2 it '(i+ri r t„ u cr' v ' M � NiWr L ft a (r r r i w rp� er ; r r �� 20 21 ATTACHMENT 2 '^ O O O O O O O O O O O O O O O O O O O O O O '^ } zzzzzzzzzzzzzzzzzzzzzz > v } O O O O O O O O O O O O O O O O O O O O } > > > z z z z z z z z z z z z z z z z z z z z E v Z p O L c Q Y a N f0 f0 f0 U G U U U U Q 0 E E E E W 0 0 0 0 T Ln N O O O O O in in in in in in in in in in in in in ON 0 0 O O h0 U Z V } } } } } } } } } } } } } } U } } Z Z C LU Y t hn J VI VI VI VI � Q } } } } N hq } C C f0 VI � LU C W w N U a c � C U O L .2 v J O O O O O O O O O O Z Z Z Z Z Z Z ZU U C v u Z Z _ O Ln p ` fl Ln U) Y � � C Z v ` W s ca O_ Y O o W f0 Y 1 O -O Y i _ u �n * L C C b0 M ++ O ++ O Y w +' N N 'R '++ .O _ L 1n +u+ t _ v Q p ro U/ C O M N L L N 'V W W m pp v -O -O p �n .N GW ' 7 O N 0 W N 40 _ L tl9 N U U/ LL C W L U ca \ U_ C LL v ++ i C N 0 ++ C f0 w L p \ 3 O u 'N C f6 O W L w U) 1' O C C S �, W p O W •N L LL W O CE a) � +(p+ > L tlq u C W .0.. I LL Y w y L u K G K L ++ o 7 tw u N O C J � = L = 3 L N N O `� ~ O . L O N }p+ �i E o w 3 �° v) v +N cc v F Co N \ O � a Q W U Q °� 3 v bn G W u 3 L O. .0 W 'O O O L N10 -0 Q Q O ca0 'N W F C " m 0 c 3 E 0 O J 22 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 Legend Green River Corridor i ���•���• City Limits � lrU''u LU r a C) a , t a �;;a r I x iuwuuuuu � H "off Y A. 4 U � r �s er r e � i r 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 I IS-196 d'- ' e i i T 110 I III i I i MI p 0 ,i ��M II w vnd��t h, Jr^a• U Kent City Limits icEN Liquor Control Board 1,000 Ft Buffers 7 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 fr-S aonr I M 196 � _ E MI r e"0 �t i- it cw e: i r. I U - J»m,�.� dam a®�Kent City Limits O Liquor Control Board 1,oco rt Duffers Wp m K NT 9 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 GWC Zoning District cva rI�I'� „j "y _.. 228 St,,,, CO CIO 00 �..w. 4® 3 Kent City Limits ! �> I iquor Control Board 1.000 Ft Buffers ` 12 CM-2 Zoning District ...... I ...... 1 l......... .. if S-S W-Croy,-St ...._ ....._ _........m �1 �S�249-\Sd , SR 6 S 25Q-St. NO 6 525�Oili, 2-52—PIf S,.2.54.St 'Pt �/ bill I /, I»ailvin�{m is of HER 1� MI r SR-1I Vs � r`—S 266 St / , ��; C'� co _ 00 m,� } ..... .. l_l Kent City Limits ,h OLiquor Control Board 1,000 Ft Buffers "'•-"'�icevr 13 M1-C Zoning District "aMeuugy° .., S48B'St, �o vros 0jympvmux emu i S 19�3 5$ 19S-St rrs 0,�S 199-FBI MI s-grit caa !,p S 211 St 5-220-St w, p NOt9� S-2.24 St S-226-St � l x.mx� Kent City Limits Liquor Control Board 1,000 Ft Buffers 14 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. U m 4 L w Yy m"C N E Omm O .'-v" 9 W ; a� � a,aH y A m t'- 'E a 3mQ o � EdU �5 E N of _ @ v E E q JlL N omoemo m E iti ° A b E m o o p O > a a .@ m U v v E 5 E E u U w COS sf0o cam o E EE F v oEUUEmm Q. C w N o E m o o v a a 5 U V u o m U o E T ICE0 L 3 2-a°d o E . . C] a ry a �.. `v v m ; U E •lQ wl f/CCI a m E E c o Uv' E U m 3 z z o Y n h ^2 V C 0 0 0 o s. O fY/14L- E �?_ Ey Y ^I N !� E m E U o o z s na 54 VD M w ®. N p d i e AW-z;a 14 LU 57 a;.?"uiI a',5.6 — f Q WI w/ n cn lY' g ai u+ ..:asANrmer Ul w AV .__ •• �� V P hW Poaaey/%/// .m o.. Vt _\ C .m mum.°ve v � Q M/i ....by.ny lUMHa�),ttt sl,aroPo Wro� s or�g l /%//� /i%i� % l� ��.u•"".s u uN.Jr s � a l vi \b V 4. '-PN'ntJ Po � ^ G1 p. •• L4 w J HR wE w ,/i/ ......., ... a•.nW fi1J ... ,., { �Jn r,a & 1 A ne dWl 12 rm IT n �� P) 4 °. ..0 r ...�e,e, eyrtJ✓euAP ._..._ E ry I Aewryp �04 . 9� o npy es 1p - or �P}yp evr ' 66-2W"2 yr r ."3s1 ri nJ1 9^ AT �2 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. ♦ ♦ j J A jj j I 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 i Uv� 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 ;j ell f I . . .......... rIL 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 25 M i w i r o/r i u � 2 it '(i+ri r t„ u cr' v ' M � NiWr L ft a (r r r i w rp� er ; r r �� 26 27 ATTACHMENT 2 '^ O O O O O O O O O O O O O O O O O O O O O O '^ } zzzzzzzzzzzzzzzzzzzzzz > v } O O O O O O O O O O O O O O O O O O O O } > > > z z z z z z z z z z z z z z z z z z z z E v Z p O L c Q Y a N f0 f0 f0 U G U U U U Q 0 E E E E W 0 0 0 0 T Ln N O O O O O in in in in in in in in in in in in in ON 0 0 O O h0 U Z V } } } } } } } } } } } } } } U } } Z Z C LU Y t hn J VI VI VI VI � Q } } } } N hq } C C f0 VI � LU C W w N U a c � C (D O L .2 v J O O O O O O O O O O Z Z Z Z Z Z Z ZU U C v u Z Z _ O Ln p ` fl Ln U) Y � � C Z v ` W s ca O_ Y O o W f0 Y 1 O -O Y i _ u �n * L C C b0 M ++ O ++ O Y w +' N N 'R '++ .O _ L 1n +u+ t _ v Q p ro U/ C 0) M N L L N 'V W W m pp v -O -O p GW ' 7 O N 0 W N 40 N U U/ LL C W L U (a \ U_ C LL v ++ w L p \ '� O u 'N C N O W L w U) 1' O C C S �, W p O W •N L LL W O CE a) � +(p+ > L tlq u C W .0.. I LL Y w y L u K G K L ++ o 7 tw u N O C J � = L = 3 L N N O `� ~ O . L O N }p+ �i E o w 3 �° v) v +N cc v F Co N \ O � a Q W U Q °� 3 v bn G W u 3 L O. .0 W 'O O O L N10 -0 Q Q O m 0 'N W F C " m 0 c 3 E 0 O J 28 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 we / Legend Green River Corridor ���•���• City Limits r a r z LU a , a e n� 4 � r�r �s 1 r s, � a jai s n i Y 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 M3 Zoning District uu'k omg Y j' _6NA f MY 1 , r- GW J / yC mN�.. w� Kent City Limits Liquor Control Board 1,000 Ft Buffers 7 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 _C a 11 6 «r . „ 00 r s „ �C a lu MY �0 r nDor "( is r r J' m r U =6; �„ode Kent City Limits Liquor Control Board 1,000 Ft Duffers 479m �`E ' 9 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 GWC Zoning District 208 t � va 2 6.2-St I II II � 5P—�1$ fit. aus M C J CM° 1 CO Novak--Lai B.m m6 Kent City Limns 1_iquor Control Board 1.000 Ft6ufhxs 12 CM-2 Zoning District UW WiE6as-Sk _ -I 4 3.Sk d --� N vs �� crb � Ty gg0 p W C;row-St .... f 5 44-fit N Kt S`249aSt ^S 54-5t /1 // £D�pjB .�d MI _..._.,.....S,26f. . . err/ / � ,..,._ o �t�/�, //� ' rs Kent City Limits {�i �!}, 0 Liquor Control Board 1,000 Ft Buffers 13 M1-C Zoning District v p� W 90 St _ 'S 993-St S 796-St w ——&2o4-St S•21a6 xt- _ car f S6-St -. S-220-Sd _. , 226"St _ Kent City Limits Liquor Control Board 1,000 Et Buffers + - 14 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. U m 4 L w Yy m"C N E Omm O .'-v" 9 W ; a� � a,aH y A m t'- 'E a 3mQ o � EdU �5 E N of _ @ v E E q JlL N omoemo m E iti ° A b E m o o p O > a a .@ m U v v E 5 E E u U w COS sf0o cam o E EE F v oEUUEmm Q. C w N o E m o o v a a 5 U V u o m U o E T ICE0 L 3 2-a°d o E . . C] a ry a �.. `v v m ; U E •lQ wl f/CCI a m E E c o Uv' E U m 3 z z o Y n h ^2 V C 0 0 0 o s. O fY/14L- E �?_ Ey Y ^I N !� E m E U o o z s na 54 VD M w ®. N p d i e AW-z;a 14 LU 57 a;.?"uiI a',5.6 — f Q WI w/ n cn lY' g ai u+ ..:asANrmer Ul w AV .__ •• �� V P hW Poaaey/%/// .m o.. Vt _\ C .m mum.°ve v � Q M/i ....by.ny lUMHa�),ttt sl,aroPo Wro� s or�g l /%//� /i%i� % l� ��.u•"".s u uN.Jr s � a l vi \b V 4. '-PN'ntJ Po � ^ G1 p. •• L4 w J HR wE w ,/i/ ......., ... a•.nW fi1J ... ,., { �Jn r,a & 1 A ne dWl 12 rm IT n �� P) 4 °. ..0 r ...�e,e, eyrtJ✓euAP ._..._ E ry I Aewryp �04 . 9� o npy es 1p - or �P}yp evr ' 66-2W"2 yr r ."3s1 ri nJ1 9^ AT �2 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. ♦ ♦ j J A jj j I 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 i Uv� 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 ;j ell f I . . .......... rIL 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 25 M i w i r o/r i u � 2 it '(i+ri r t„ u cr' v ' M � NiWr L ft a (r r r i w rp� er ; r r �� 26 27 ATTACHMENT 2 '^ O O O O O O O O O O O O O O O O O O O O O O '^ } zzzzzzzzzzzzzzzzzzzzzz > v } O O O O O O O O O O O O O O O O O O O O } > > > z z z z z z z z z z z z z z z z z z z z E v Z p O L c Q Y a N f0 f0 f0 U G U U U U Q 0 E E E E W 0 0 0 0 T Ln N O O O O O in in in in in in in in in in in in in ON 0 0 O O h0 U Z V } } } } } } } } } } } } } } U } } Z Z C LU Y t hn J VI VI VI VI � Q } } } } N hq } C C f0 VI � LU C W w N U a c � C (D O L .2 v J O O O O O O O O O O Z Z Z Z Z Z Z ZU U C v u Z Z _ O Ln p ` fl Ln U) Y � � C Z v ` W s ca O_ Y O o W f0 Y 1 O -O Y i _ u �n * L C C b0 M ++ O ++ O Y w +' N N 'R '++ .O _ L 1n +u+ t _ v Q p ro U/ C 0) M N L L N 'V W W m pp v -O -O p GW ' 7 O N 0 W N 40 N U U/ LL C W L U (a \ U_ C LL v ++ w L p \ '� O u 'N C N O W L w U) 1' O C C S �, W p O W •N L LL W O CE a) � +(p+ > L tlq u C W .0.. I LL Y w y L u K G K L ++ o 7 tw u N O C J � = L = 3 L N N O `� ~ O . L O N }p+ �i E o w 3 �° v) v +N cc v F Co N \ O � a Q W U Q °� 3 v bn G W u 3 L O. .0 W 'O O O L N10 -0 Q Q O m 0 'N W F C " m 0 c 3 E 0 O J 28 v v v v v v o c v v v {n V1 M z O V1 V1 M N c-I c-I X Y Z U w O O Ln CL C_ O V M O N w Ln O o O Q c-I Z Q Ln F � � Z c c W v v U � 0E .x O O O O W V O E Z Z Z 0 Z 0 O O Y Y } v v F .2 .2 O O W N N a O CL Ln V] Y Y � C C J a Ln Y Y N U v v v v N v N O C w C Y C Y O O J O J Z O o0 Z 0 Z Z W N CO w W N (U w w y O O W x 0 V) Vn V) X 0 W i [O O MU X K N 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 Legend W E � Green River Corridor i ���•���• City Limits � lrU''u LU r a C) a , t a �;;a r I x iuwuuuuu � H "off Y A. 4 U � r �s er r e � i r