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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 08/24/2015 ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 KENt � Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 LAND USE & PLANNING BOARD WORKSHOP AGENDA AUGUST 24, 2015 7:00 PM BOARD MEMBERS: Randall Smith, Chair; Barbara Phillips, Vice Chair; Frank Cornelius; Navdeep Gill; Katherine Jones; Jack Ottini and Binoy Varughese CITY STAFF: Planning Services: Charlene Anderson, Long Range Planning Manager; Hayley Bonsteel, Planner/GIS Coordinator This is to notify you that the Land Use and Planning Board will hold a Workshop on MONDAY, AUGUST 24, 2015 at 7:00 P.M. The workshop will be held in Kent City Hall, City Council Chambers, 220 Fourth Avenue S, Kent, WA. No public testimony is taken at LUPB workshops; however, the public is welcome to attend. The workshop agenda includes the following item(s): 1. Accessory Dwellina Units (ADU) Zonina Code Amendment rZCA-2015-31 Discussion of proposed code amendment options for ADUs and other accessory structures- Hayley Bonsteel 2. Assisted Living Facilities Zonina Code Amendment FZCA-2015-41 General Discussion - Hayley Bonsteel For documents pertaining to the Land Use and Planning Board, access the City's website at: http:lAentwa.i(lm2.com/citizenslDefau/t.aspx?DepartmentlD=1004. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TTY/TDD service call the Washington Telecommunications Relay Service at (800) 833-6388. For general information, contact Economic & Community Development Department, Planning Division at(253) 856-5454. 1 ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 �MT IKtN'B Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 Aug 17, 2015 TO: Chair Randall Smith and Land Use & Planning Board Members FROM: Hayley Bonsteel, Planner & GIS Coordinator RE: Accessory Dwelling Unit Zoning Code Amendment (ZCA-2015-3) For Aug 24, 2015 Workshop SUMMARY: At the June 81h 2015 Economic and Community Development Committee meeting, staff received direction to explore broadly the City's accessory dwelling unit standards and related regulations. At the June 22nd Land Use and Planning Board workshop, staff discussed the current code, local examples, and next steps to both address the zoning code amendment request as well as the broader issues regarding accessory structures. Code amendment options have now been drafted and staff will present these options as well as more background research at the workshop. BACKGROUND: Docket #DKT-2014-1 requested a zoning code amendment for ADUs because the current application of ADU regulations does not allow a detached garage and detached ADU to be in the same structure without significant size restriction. There is also a larger issue of standards managing accessory structures on residential lots and staff has written code amendment options to address these issues. Staff also surveyed existing ADU homeowners and will be available at the Aug 24th workshop to discuss the project. See attached code amendments. HB:pm P:�Plammng�LUPB�2015lMeeting Documents�8-24-15 Workshop�ADU Memo_LUPB_82415.doc Encl: Code Amendments cc: Charlene Anderson,AICP, Planning Manager 3 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending portions of Chapters 15.02, 15.04 and 15.08 of the Kent City Code, pertaining to accessory dwelling units. (DKT 2014-1). RECITALS A. Pursuant to RCW 36.70A.470, the Growth Management Act (GMA) requires that the City establish a" docketing process as a means for the public to suggest changes or identify deficiencies in City plans and regulations. The docketing process is set forth in Section 12.02.025 of the Kent City Code (KCC). B. On August 26, 2014, a docket item was submitted to the City, requesting a. change to how square footage is calculated for accessory dwelling units built on other accessory structures. Staff recommended the docket item be included in the 2014 work program for the Economic and Community Development Department. C. On November 10, 2014, the Economic and Community Development Committee passed a motion accepting the staff recommendation to approve the 2014 Annual Docket Report as presented. 1 Ordinance Amending KCC 15.02, 15.04 and 15.08 4 D. On November 18, 2014, the City Council authorized the Mayor to accept the Economic and Community Development Committee recommendations on the 2014 Annual Docket Report. E. An accessory dwelling unit (ADU) is defined as: "a habitable dwelling unit added to, created within, or detached from and on the same lot with a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation." KCC 15.02.003. F. Accessory dwelling units increase the supply ;,of affordable rental units through better use of existing single-family housing stock, and provide for more flexible housing options. G. On the City. provided the required sixty day notification under RCW 36.70A.106 to the Washington State Department of Commerce regarding the City's proposed amendments. Comments were received and considered.' H. On the City conducted and completed environmental review underthe State Environmental Policy Act (SEPA). I. On June 8, 2015, staff presented options for the work plan for Docket 2014-1 to the Economic and Community Development Committee. The Committee ,requested that staff pursue several related issues, including how to regulate other accessory buildings and manage bulk. J. Staff presented information regarding Docket 2014-1 to the Land Use and Planning Board ("LUPB") at a special workshop meeting on August 24, 2015. 2 Ordinance Amending KCC 15.02, 15.04 and 15.08 5 K. On September 28, 2015, after holding a public hearing, the LUPB made its recommendations regarding the proposed code amendments required to implement the policies contained in Docket 2014- 1 to the City Council. L. The Economic and Community Development Committee considered the recommendations of the LUPB at its regularly-scheduled meeting on October 12, 2015, and recommended to the full City Council passage of the proposed code amendments. M. At its regularly scheduled meeting on the City Council voted to adopt the amendments to portions of Chapters 15.02, 15.04 and 15.08 of the Kent City Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION" 1. - Amendment. Section 15.02.003 of the Kent City Code is hereby amended as follows: Sec. 15.02.003. Accessory dwelling unit (ADU). An accessory dwelling unit (ADU) is a habitable dwelling unit added to, created within, or detached from and on the same lot with a detached single-family dwelling that provides basic requirements for living, sleeping, eating, cooking (includina a stove), and sanitation. SECTION 2. - Amendment. Section 15.02.005 of the Kent City Code is hereby amended as follows: 3 Ordinance Amending KCC 15.02, 15.04 and 15.08 6 Sec. 15.02.005. Accessory use or structure. Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Accessory structures include, but are not limited to: garages; accessory dwellina units; auest cottages; sheds; storage buildings; and workshops. SECTION 3, - Amendment. Section 15,02.130 of the Kent City Code is hereby amended as follows: Sec. 15.02.130 Dwelling unit. Dwelling unit means one {�} room, or rooms connected together, constituting a •separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure or on the same property, and containing independent cooking (including a stove) and sleeping facilities. SECTION 4, - Amendment, Section 15.02.155 of the Kent City Code is hereby amended as follows: Sec. 15.02.155..; Garage or carport, private. Private garage or carport means a building, or a portion of a building, principally for vehicular equipment such as automobiles, boats, etc., --` •_,._.. `"-- en thousand (1,000) squaFe feet on , in which only meter vehicles used by the tenants of the buildings on the premises are stored or kept. SECTION 5, - Amendment. Section 15.04.020 of the Kent City Code is hereby amended as follows: 4 Ordinance Amending KCC 15.02, 15.04 and 15.08 7 Sec. 15.04.020. Residential land uses. Zoning Distncts Key P-Principally Permitted Uses S=Special Uses C-Conditional Uses A=Accessory Uses O F F U £ 2 d U w U U () K K K K K K K K K K K x U U U U F F U U U U ¢ 0 Q Q N N N N N 2 2 2 2 2 2 2 Z U O O 2 2 2 U U U' O R 2 2 2 U' One single-family P P P P P P P P P P P P P P A A A A dwelling per lot (1) (1) (1) (1) P P P P One duplex perlot (2 (2 (2 ]) ]) ]) One modular home P P P P P P P P P P P P perlot P P P P P P P P P Duplexes (2 (2 (2 (2 P P P P P P P P P P P P P P P P C Multifamily S S S (1 (1 (2) U) (2) (2) (1 townhouse units r) r) r) 9) 9) C 5) (2 0) 0)0) P P P P P P P P P P P P P C Multifamily (2 (2 (2) (4) (2) (2) (1 dwellings 6) 6) C 5) (5) Mobile homes and P manufactured homes P P P P P P P Mobile home parks (1 (1 (1 (1 (1 (1 3) 3) 3) 3) 3) 3) Group homes P P P P P P P P P P P P P P P P P C P P P P C P class I Group homes P P P P P P P P P P C P P C C C P class FB Group homes C C C C C C C C C C C C C C C C C class1FA Group homes C C C C C C C C C C C C C C C C C class1FB Group homes C C C C C C C C C C C C C C C C C class1FC Group homes C C C C C C C C C C C C class III (2 (2 (2 (2 (2 (2 (2 (2 (2 (2 (2 (2 3) 3) 3) 3) 3) 3) 3) 3) 3) 3) 3) 4) Rebuild/accessory P P P P P P P P P P P P P P P P P P uses forexisting (6) (6) (6) (6) (G (G (G (G (G (G (G (G (G (G (G (G (G (G dwellings P P P P P P P P P P P P C Transitional (2 (2 (2 (2) (4) (7) (7) (2) (1 9 housln 9) 9) 9) C C C(3 5) (5) (3 6) 6) A A r� A A A A A - A f� A A f� f� 5 Ordinance Amending KCC 15.02, 15.04 and 15.08 8 Zoning Distncts Key P=Pnnapally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses O F F 2 2 2 0 0 0 U F F U U U U Q 0 2 Z U O O M M M U U U' O M M M M U' 44 44 44 44 44 44 44 44 Rooming and A A A A A A A A A A boarding of not more than three (3)persons Farm worker A A A A accommodations (1 (6) (1 (6) Accessory uses A A A A A A A A A A A A A A A A A A A A A A A A A A A A A andis i4ags Let Let Let Let Let (1 (1 (1 (1 (1 (1 structures (1 (1 (1 (1 (1 e) e) e) e) e) e) customanly e) e) e) e) e) appurtenant to a permitted use Accessory dwelling A A A A A A A A A A A A A A A A A A A A units and Ll M M M M M M M L) M L M 4 4 4 4 L L 4 4 14 cotteaes 6) 6) 6) 6) 6) 6) 6) 6) 6) 6) PI 6) M 01 Accessory living A A A A A A A A A A A A A A A A A quarters 4) 4) 4) 4) Lt Lt Lt 4) 4) 4) 4) 4) 4) 4) 4) 4) 4) 4) 4) 4) 4) 41 41 4} 4) 4) 4) 4) 4) 4) 4) 4) 4) 4) P Live work units (2 e) A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A Home occupations 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) Service buildings A Storage 9eiis Eqg A A A A A A A A A A A A A Fof (1 (1 (1 (1 (1 (1 (1 (1 (1 (1 (1 (1 recreational 6) 6) 6) 6) 6) 6) 6) 6) 6) 6) 6) 6) vehicles Drive-in churches c c c c c c c c c c c c c c c c c c c c c c c c c c c c c Emergency c c c c c c c c c c c c c c c c housing, emergency shelter c c c c c P P P P P P P P P c c P P c Assisted living (2 (2 (2 (2) (4) (2) (2) (1 facilities 9) 9) 9) c 5) (s) Reslidentia c c P P P P P( P P P c c P P c facitis with (52) (52) (2 (2) (4) (2) (2) (1 health care 9) s) 5) PP P P P PDesignated P P P P P P P manufactured (2 (2 (2 (2 (2 (2 (2 (2 (2 home 5) 5 SECTION 6, - Amendment. Section 15.04.030 of the Kent City Code is hereby amended as follows: 6 Ordinance Amending KCC 15.02, 15.04 and 15.08 9 Sec. 15.04.030. Residential land use development conditions. 1. Dwelling units, limited to not more than one (1) per establishment, for security or maintenance personnel and their families, when located on the premises where they are employed in such - capacity. No other residential use shall be permitted. 2. Multifamily residential uses, or other residential facilities where allowed, shall be permitted only in the mixed use overlay when included within a mixed use development. 3. [Reserved]. 4. Multifamily residential uses, or, other residential facilities where allowed, when established in buildings with commercial or office uses, and not located on the ground floor. 5. Kultifamily 'residential uses, or other residential facilities where allowed, when not combined with commercial or office uses. 6. Existing dwellings may be rebuilt, repaired, and otherwise changed for human occupancy. Accessory -us buildings for existing dwellings may be constructed. ` fences-., subiect to the provisions of KCC 15.08.160. 7. Transitional housing facilities, limited to a maximum of twenty (20) residents at any one (1) time and four (4) resident staff. 7 Ordinance Amending KCC 15.02, 15.04 and 15.08 10 8. Gbiesthebises pet Fented er etheFWise eendbieted as a busines-.sAccessory structures composed of at least two walls and a roof, not includina accessory uses or structures customarily appurtenant to aaricultural uses, are subiect to the provisions of KCC 15.08.160. 9. Farm dwellings appurtenant to a principal agricultural use for the housing of farm owners, operators, or employees, but-not,accommodations for transient labor. 10. Accessory dwelling units shall not be included in calculating the maximum density. Accessory dwelling,uhits are allowed onlyoh the same lot with a principally permitted detached single-family dwelling unit, and are subject to the provisions of KCC 15.08.160 and 15.08.350. 11. Customary incidental home occupations subject to the provisions of KCC 15.08.040. 12. [Reserved]. 13. Subject to th'e combining ,district requirements of the mobile home park code,,, Chapter 1105 KCC:, 14. Accessory „living, quarters are allowed per the provisions of KCC 15.08.359. 15. Multifamily residential use, or other residential facilities where allowed, shall be permitted as a conditional use only when included in a mixed use development. 8 Ordinance Amending KCC 15.02, 15.04 and 15.08 11 16. Recreational vehicle storage is permitted as an accessory use in accordance with KCC 15.08.080. 17. Accommodations for farm operators and employees, but not accommodations for transient labor. 18. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential"zones. 19. The following zoning is required to be in existence on the entire property to be rezoned at the time of application for a rezone to an MR-T zone: SR-8, MR-D, MR-G, MR-M, MR-H, 0, O-MU, NCC, CC, GC, DC, or DCE. 20. All multifamily townhouse developments in the MR-T zone shall be recorded as townhouses with ownership interest, as defined in KCC 15.02.525.1, prior to approval of a certificate of occupancy by the city. 21. .;-kbjje .} 1 KGG ' 08.160(ATand(E`TAccesserybuildings. vao ccc co ,�t..c xv.o r Ruse rued l. 22. Ones} duplex per lot is permitted. 23. Secure community transition facilities are permitted only in the GWC zoning district. 24. Class II and class III group homes, other than secure community transition facilities, are not allowed in this zoning district. A secure community transition facility shall also comply with applicable state siting 9 Ordinance Amending KCC 15.02, 15.04 and 15.08 12 and permitting requirements pursuant to Chapter 71.09 RCW. Secure community transition facilities are not subject to the siting criteria of KCC 15.08.280 for class III group homes, but they are subject to a six hundred (600) foot separation from any other class II or III group home. In no case shall a secure community transition facility be sited adjacent to, immediately across the street or parking lot from, or within the line of sight of risk potential activities or facilities in existence at.the time a site is listed for consideration. Within line of sight means that it is possible to reasonably visually distinguish and recognize individuals. For the purposes of granting a conditional use permit for siting a secure community transition facility, the hearing examiner shall consider an unobstructed visual distance of six hundred (600) feet to, be "within line of sight." During the conditional use permit process for a secure community transition facility, "line of sight" may be considered to be less than six hundred (600) feet if the applicant can demonstrate that visual barriers exist or can be created that would reduce the line of sight to less than six hundred (600) feet. This distance shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use ,is to be located, to the nearest point of the parcel or property or the land use district boundary line from which the proposed use is to be separated. For the purpose of granting a conditional; use permit for a secure community transition facility, the hearing examiner shall give great weight to equitable distribution so that the city shall not be'subject to a disproportionate share of similar facilities of a state-wide, regional, or county-wide nature. 25. A designated manufactured home is a permitted use with the following conditions: 10 Ordinance Amending KCC 15.02, 15.04 and 15.08 13 a. A designated manufactured home must be a new manufactured home; b. The designated manufactured home shall be set upon a permanent foundation, as specified by the manufacturer, and the space from the bottom of the home to the ground shall be enclosed by concrete or an approved concrete product that can be either . load bearing or decorative; C. The designated manufactured home shall comply with all city design standards applicable to all other single-family homes; d. The designated manufactured home shall be thermally equivalent to the State Energy Code, and e. The designated manufactured hone shall meet all other requirements for a designated manufactured home as defined in RCW 35.63.160. 26. Multifamily dwellings shall be allowed only within the Kent downtown districts outlined in the Downtown Strategic Action Plan and shall be condominiums recorded pursuant to Chapter 64.32 or 64.34 RCW or similar dwelling units with ownership interest and recorded as such prior to approval of a certificate of occupancy by the city. 27. Within subdivisions, as defined by KCC 12.04.025, vested after March 22, 2007, or altered to comply with zoning and subdivision code amendments effective after March 22, 2007, twenty-five (25) percent of the total number of permitted dwelling units may be duplex or triplex townhouse structures. 11 Ordinance Amending KCC 15.02, 15.04 and 15.08 14 28. Live-work units; provided, that the following development standards shall apply for live-work units, in addition to those set forth in KCC 15.04.190: a. The unit shall contain a cooking space and sanitary facility in conformance with applicable building standards; b. Adequate and clearly defined working space must constitute no less than fifty (50) percent of the gross floor area of the live-work unit. Said working space shall be reserved for.and regularly used by one (1) or more persons residing there; C. At least one (1) resident.in each live-work unit shall maintain at all times a valid city business license for a,business on the premises; d. Persons who do not reside in the live-work unit may be employed in the live-work unit when the required parking is provided; e.' Customer and client visits are allowed when the required parking is.provided; f. No portion of a live-work unit may be separately rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises; g. The multiple-family design guidelines and development standards do not apply to live-work units; 12 Ordinance Amending KCC 15.02, 15.04 and 15.08 15 h. Construct all nonresidential space, to the maximum allowed, to commercial building standards; and i. Provide an internal connection between the residential and nonresidential space within each unit. 29. Subject to the maximum permitted density of the zoning district. 30. Conditional use when the number of residents exceeds twenty (20) at any one (1) time and four (4) resident staff. SECTION 7. - Amendment. Section 15.04040 of the Kent City Code is hereby amended as follows: Sec. 15.04.040. Manufacturing land uses. Zoning Distncts Key P=Principally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses w rc rc rc rc rc rc rc rc rc rc rc x U U U U F F U £ £ U ¢ 2 Z U O O 2 2 2 U U U' Manufacturing, Z P P P P P P Processing, 3) Z Z Z Z Z f2) blending,and 3) 3) 3) 3) 3) (2 packaging of c 3) food and beverage products Manufacturing, P P P P P P P processing, c )2) blending,and (D packaging of drugs, pharmaceuticals toiletries,and cosmetics Manufacturing, P P P P P P P P processing, j (2) 13 Ordinance Amending KCC 15.02, 15.04 and 15.08 16 Zoning Distncts Key P=Principally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses O F F 2 Z U O O 2 2 2 U U U' O R 2 2 U' blending,and packaging of dairy products and byproducts Industnal v v v v v v laundryand e) (2) dyeing supply (including linen upply and o) diaper services) Printing, P P v c v v v v v publishing,and (2 c (2) allied industries �) (r) Chemicals and c c c c related products (4) (4) (4) (r) Mfg Contractor v v c v v shops (5) (5) c (5) e) (r) (2) Custom ads v v v v v and crafts c (2) products mfg (�) Computers, v v v office machines (3) (3) (2) and equipment Mfg Manufacturing v v v v v v v and assembly of (3) (3) c (2) electr Cal (�) equipment, appliances, lighting,radio, TV communications equipment, and components Fabncated v v v v v v v metal products c (2) Mfg.',custom (�) sheet metal Mfg containers, hand tools, heating equipment, screw products, extrusion, coating,and plating Manufacturing v v v v v v v and assembly of (3) (3) (2 (2 (2 (2 (2) electronic and 5) 5) 5) 5) device al (r) devicesiand automotive, aerospace, 14 Ordinance Amending KCC 15.02, 15.04 and 15.08 17 Zoning Distncts Key P-Piinapally Permitted Uses S-Special Uses C-Conditional Uses A-Accessory Uses O F F U' £ 2 d U W U U K U U 2 Z U O O 2 2 2 U U U' O R M M U' missile, airframe,and similarproducts n n A A A A A A A A A A A A A A Hazardous O) O) (e) (e) (e) (e) O) O) O) O) (e) O) (r (r (r (r substance land 2) 2) 2) 4) C uses (r s) Offices A A A A A A A A P P P P P P Had eHal and necessary to the conductofa principally permitted use P P P P P P P Warehousing (C (r (r (r (r (r (C and distribution 2) 6) 6) 6) 6) 6) 4) C C facilities (6 (�) i) C C C P P Rail-truck fr fr fr fr fr 3) ]) ]) e) C transfer uses C (1) Outdoor storage P P A A A A C P (including truck A C heavy D equipment,and contractor storage yards as allowed by development standards KCC 15 04.190 and 15 04 195) Miniwarehouses C P P C P self storage 9) Manufacturing C P ofsoaps, C detergents,and (�) otherbasic cleaning and cleansing preparations Manufacturing C P of plastics and C synthetic resins (r) Manufacturing C P of synthetic and C natural fiber and (�) cloth Manufacturing C P of plywood C composition (�) wallboard,and si milar structural 15 Ordinance Amending KCC 15.02, 15.04 and 15.08 18 Zoning Distncts Key P=Principally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses O F F 2 Z U O O 2 2 2 U U U' O 2 M M U' wood products Manufacturing c v of nonmetallic c mineral D products such as abrasives, asbestos,chalk, pumice,and Purdy Manufacturing c v of heat resisting or structural (D day products (brick,tile,or pipe)or porcelain products Manufacturing c v of machinery c and heavy (D machine tool equipment for general industry and mining, agricultural, cc nstruction,or service ndustries Manufacturing, v v v v v processing, (2 (2 (2 0 (2) assembling,and o) o) o) (r) packaging of a) a) a) articles, (2 (2 (2 products,or e) e) e) merchandise made from previously prepared natural or synthetic materials Manufacturing, v v v v processing, Z Z Z Z eating, 6) 6) 6) 6) assemblin ,and (2 (2 (2 c g ry ry ry (D packaging of articles, products,or merchandise from previously prepared ferrous, nonferrous or alloyed metals Complexes v v which include a combination of uses,including a mixture of office,storage, 16 Ordinance Amending KCC 15.02, 15.04 and 15.08 19 Zoning Distncts Key P=Principally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses O F F 2 Z U O O 2 2 2 U U U' O 2 2 2 U' and light manufacturing uses Accessory uses A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A and 5[W6H1fB5 (2 L L L L (9) (9) (1 (1 (1 (1 (1 (9) (9) (9) (6) ]) L L L L O) O) O) O) O) )3 641StB�3P�5truC 31 tubes customanly appurtenant to a permitted use Impound lots C C (1) SECTIONS. - Amendment. Section 15.04 050 of the Kent City Code is hereby amended as follows: Sec. 15.04.050 Manufacturing land use development conditions. 1. The following uses require a conditional use permit: a. Manufacture of such types of basic materials as follows: (1) Gum and wood chemicals and fertilizers, and basic industrial organic and inorganic chemicals or products such as alkalis and chlorine, industrial and liquid petroleum, gases, cellophane, coal tar products, dyes and dye products, impregnated products, tanning compounds, and glue and gelatin. 17 Ordinance Amending KCC 15.02, 15.04 and 15.08 20 (2) Hydraulic cement, concrete, gypsum, lime, carbon, carbon black, graphite, coke, glass, and similar products. b. Manufacture of products such as the following: (1) Ammunition, explosives, fireworks, matches, photographic film, missile propellants, and similar combustibles. (2) Rubber from natural, synthetic, or reclaimed materials. (3) Paving and roofing, materials or other products from petroleum derivatives. C. Refining of materials such as petroleum and petroleum products, metals and metal ores, sugar, and fats and oils. d. Distilling of" materials such as bone, coal, coal tar, coke, wood, and other similar distillates. e. Heavy metal processes, such as ore reduction or smelting, including blast furnaces, and including drop forging, drop hammering, boiler plate works, and similar heavy metal operations: (1) Asphalt batching plants. (2) Concrete mixing and batching plants, including ready- mix concrete facilities. (3) Rock crushing plants and aggregate dryers. 18 Ordinance Amending KCC 15.02, 15.04 and 15.08 21 (4) Sandblasting plants. f. Animal and food processing, including the following and similar operations: (1) Tanning, dressing, and finishing of hides, skins, and fu rs. (2) Meat and seafood products, curing, canning, rendering, and slaughtering. (3) Nitrating of cotton and other materials. (4) Rendering of animal grease or tallow, fish oil, and similar materials. (5) Slaughtering, stockyard, feedlot, dairy, and similar operations. (6) " " Pickling:6nd brine curing processes. (7) Wholesale produce markets. g. Salvage," wrecking, and disposal activities, including the following and similar operations: (1) Automobile and building wrecking and salvage. (2) Salvage of industrial waste materials such as metal, paper, glass, rags, and similar materials. 19 Ordinance Amending KCC 15.02, 15.04 and 15.08 22 (3) Sewage disposal and treatment plants. (4) Dump and sump operations for such uses as rubbish, garbage, trash, and other liquid and solid wastes. h. Storage of the following kinds of goods: (1) Bulk storage of oil, gas, petroleum, butane, propane, liquid petroleum gas, and similar products, and bulk stations and plants. (2) Used building materials, mover's equipment, relocated buildings, impounded vehicles, and similar materials. (3) Explosives or fireworks, except where incidental to a principally permitted use, (4) Fertilizer or manure. 2. Small scale, light industrial, or manufacturing operations where the building, structure, or total operation does not encompass more than ten thousand (14,000) square feet of area. The ten thousand (10,000) square feet total shall include all indoor and outdoor storage areas associated with the manufacturing operation. Only one (1) of these uses shall be allowed per lot. 3. Small scale light manufacturing operations as follows: stamping, brazing, testing, electronic assembly, and kindred operations where the building, structure, or total operation does not encompass more than ten thousand (10,000) square feet of area. The ten thousand (10,000) square 20 Ordinance Amending KCC 15.02, 15.04 and 15.08 23 foot total shall include all indoor and outdoor storage areas associated with the manufacturing operation. Only one (1) ten thousand (10,000) square foot manufacturing operation shall be permitted per lot. 4. Conditional use for manufacturing of paint, but manufacturing of paint is permitted outright in the M3 zone. 5. Contractor shops where most of the work is clime on call, and which do not rely on walk-in trade, but where some incidental storage or semi- manufacturing work is done on the premises, such as carpentry, heating, electrical, or glass shops, printing, , publishing, or lithographic shops, furniture, upholstery, dry cleaning, and exterminators. 6. Accessory uses shall not include vehicular drive-through, drive-in, and service bay facilities. 7. For permitted uses,,, hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup, permit requirements of Ch. 11.02 KCC, subject to the provisions of"KCC 15.08 050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. Fuel farm facilities are not allowed:in AG or A-10 zones. 8. For permitted uses, hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Ch. 11.02 KCC and which do not accumulate more than five thousand (5,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of KCC 15.08.050, except offsite 21 Ordinance Amending KCC 15.02, 15.04 and 15.08 24 hazardous waste treatment or storage facilities, which are not permitted in this district. 9. Includes incidental storage facilities and loading/unloading areas. 10. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. 11. Including transportation and transit terminals with repair and storage facilities, and rail-truck stations, except classification yards in the category of "hump yards." 12. For permitted uses, accessory hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements, of Ch. 11.02 KCC, subject to the provisions of KCC 15.08.050. Offste hazardous waste treatment or storage facilities are not permitted in this district, except through a special use combining district. 13. Conditional use permit required for trucking terminals and rail-truck transfer uses. 14. For permitted uses, accessory hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Ch. 11.02 KCC, subject to the provisions of KCC 15.08.050, except offsite hazardous waste treatment or storage facilities, which require a conditional use permit in this district. 15. The following require a conditional use permit: 22 Ordinance Amending KCC 15.02, 15.04 and 15.08 25 a. Offsite hazardous waste treatment or storage facilities, subject to the provisions of KCC 15.08.050. b. Any hazardous substance land use that is not an accessory use to a principally permitted use. 16. Warehousing and distribution facilities and the" storage of goods or products, except for those goods or products 'specifically described as permitted to be stored only as conditional uses in the M3 district. 17. Conditional use for car loading, and distribution facilities, .and rail- truck transfer stations. 18. Warehousing and distribution,facilities and the storage of goods or products, including rail-truck transfer facilities. 19. Miniwarehouses; " provided, that the following development standards shall apply for miniwarehouses, superseding those set out in KCC 15.04.190 and 15.04.200: e. Frontage use. The first one hundred fifty (150) feet of lot depth, measured from the property line or right-of-way inward from the street frontage, shall be reserved for principally permitted uses for this district, defined by,the provisions of KCC 15.04.100(A)(1), or for the office or onsite manager's unit, signage, parking, and access. A maximum of twenty-five (25) percent of the frontage may be used for access to the storage unit area; provided, that in no case shall the access area exceed seventy-five (75) feet in width. No storage units or structures shall be permitted within this one hundred fifty (150) feet of commercial frontage depth. 23 Ordinance Amending KCC 15.02, 15.04 and 15.08 26 b. Lot size. Minimum lot size is one (1) acre; maximum lot size is four (4) acres. C. Site coverage. Site coverage shall be in accordance with the underlying zoning district requirements. d. Setbacks. Setbacks shall be as follows: (1) Front yard: Twenty (20) feet. (2) Side yard: Ten (10) feet. (3) Rear yard: Ten (10),feet. e. Height limitation. The height limitation is one (1) story. f. Outdoorstorage. No outdoor'storage is permitted. g. Signs. The sign requirements of Ch. 15.06 KCC shall apply. h. Off-street parking. (1) The off-street parking requirements of Ch. 15.05 KCC shall apply. (2) Off-street parking may be located in required yards, except in areas required to be landscaped. 24 Ordinance Amending KCC 15.02, 15.04 and 15.08 27 i. Development plan review. Development plan approval is required as provided in KCC 15.09.010. j. Landscaping. Landscaping requirements are as follows: (1) Front yard: Twenty (20) feet, type III (earth berms). (2) Side yard: Ten (10) feet, type II abutting commercial uses or districts; type I abutting residential uses or districts. (3) Rear yard: Ten (10), feet, type II abutting commercial uses or districts; type I abutting residential uses or districts. For maintenance purposes, underground irrigation > systems shall be provided for all landscaped areas. k. Onsite manager. A resident manager shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of the approval. The planning department shall establish requirements for parking and loading areas sufficient to accommodate the needs of the resident manager and the customers of the facility. I. Drive aisles. Drive aisle width and parking requirements are as follows: (1) Fifteen (15) foot drive aisle and ten (10) foot parking aisle. (2) Parking for manager's quarters and visitor parking. 25 Ordinance Amending KCC 15.02, 15.04 and 15.08 28 M. Building lengths. The horizontal dimension of any structure facing the perimeter of the site shall be offset at intervals not to exceed one hundred (100) feet. The offset shall be no less than twenty (20) feet in the horizontal dimension, with a minimum depth of five (5) feet. n. Building materials. If abutting a residential use or zone, residential design elements such as brick veneer; wood siding, pitched roofs with shingles, landscaping, and fencing shall be used. No uncomplimentary building colors should be used when abutting a residential use or zone. o. Prohibited uses. Use is restricted to dead storage only. The following are specifically prohibited: (1) Auctio0s (other than tenant lien sales), commercial, wholesale or retail sales, or garage sales. (2) The -servicing; repair, or fabrication of motor vehicles, boats, trailers, lawn:mowers, appliances, or other similar equipment. (3) The operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment. (4) The establishment of a transfer and storage business. (5) Any use that is noxious or offensive because of odor, dust, noise, fumes, or vibration. 26 Ordinance Amending KCC 15.02, 15.04 and 15.08 29 (6) Storage of hazardous or toxic materials and chemicals or explosive substances. P. Fencing. No razor wire is allowed on top of fences. 20. Prohibited are those manufacturing activities having potentially deleterious operational characteristics, such as initial 'processing of raw materials (forging, smeltering, refining, and forming). 21. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district (as,shown in KCC 15.04 080) "must be retail or pedestrian-oriented. Pedestrian-oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops,, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops, and book shops; b. Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; C. Repair services, including but not limited to television, radio, computer, jewelry, and shoe repair; d. Food-related shops, including but not limited to restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; 27 Ordinance Amending KCC 15.02, 15.04 and 15.08 30 e. Copy establishments; f. Professional services, including but not limited to law offices and consulting services; and g. Any other use that is determined by the planning director to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district,, pursuant to KCC 15.09.065, Interpretation of uses. 22. Permitted uses are limited to storage, warehousing, processing and conversion of agricultural, dairy, and horticultural products, but not including slaughtering, meat packing, and fuel farm,facilities. 23. Excluding slaughtering, renderirtig, curing, or canning of meat or seafood products. 24. Except for those goods or products specifically described as permitted to be stored as conditional uses. 25. Excluding explosive fuels and propellants. 26. Excluding predominantly drop forge and drop hammer operations. 27. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 28. Excluding paint boiling processes. 28 Ordinance Amending KCC 15.02, 15.04 and 15.08 31 29. Limited to twenty-five (25) percent of gross floor area. Reference KCC 15.04.080(5). 30. Retail or services uses which exceed the twenty-five (25) percent limit on an individual or cumulative basis shall be subject to review individually through the conditional use permit process. A conditional use permit shall be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operating characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis. 31. Reuse or replacement of existing structures for non-agricultural uses is allowed where it is shown that the, existing structures are obsolete for agricultural use and will have no viable economic use unless they can be put to non-agricultural use. Any replacement structures must maintain or enhance the agricultural appearance of the property. Signs shall be limited to not more than one hundred (100) square feet in area per business, and of that amount, freestanding signs Shall not exceed forty (40) square feet in area: No increase in the area of existing impervious surface shall be allowed in connection,with a non-agricultural use. 32. Accessory structures composed of at least two walls and a roof, not includina accessory uses or structures customarily appurtenant to agricultural uses, are subiect to the provisions of KCC 15.08.160. SECTION 9, - Amendment. Section 15.04.060 of the Kent City Code is hereby amended as follows: 29 Ordinance Amending KCC 15.02, 15.04 and 15.08 32 Sec. 15.04.060. Transportation, public, and utilities land uses. Zoning Distncts Key P-Principally Permitted Uses S=Special Uses C- Conditional Uses A=Accessory Uses O F F U £ 2 d U w U U K U U () K K K K K K K K K K K x U U U U F F U u u U Q Q Q N N N N N 2 2 2 2 2 2 2 Z U O O 2 2 2 U U U' O 2 Commercial C C C C C parking lots or structures Transpodatio C C C C C C C C C C C C C C C C C C C C C C C C C C C C C v C n and transit faali ties , including p �� high capacity ransit faaliti es Railway and c c c c c c c bus depots, taxi stands Utility and C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C transp onatio n facilities: Electrical substations, pumping or regulating devices for the transmission of water gas, steam, petroleum, etc Public C C C C C C C C C C C C C C C C v C C C C C C C C C C C C C facilities. Firehouses, police stations, libraries,and administrativ e offices of governmental agencies, primary and secondary schools, vocational schoo Is,and colleges EAyU A A A A A A A A A A A A A A A A A A A A A A A A A A A A A Lt 11 Lt Lt Lte 30 Ordinance Amending KCC 15.02, 15.04 and 15.08 33 Zoning Distncts Key P=Principally Permitted Uses S=Special Uses C- Conditional Uses A=Accessory Uses O F F w rc rc rc rc rc rc rc rc rc rc rc x U U U U r r U U U U ¢ 2 Z U O O 2 2 2 U U U' Wreless P P P P P P P P P P P P P P P n P P P telecommunl (2 (2 (2 (2 (2 (2) (1) (1) (1) (1) (1) (1) (2) (1) (1) (1) (1) (1) (1) catlers ) ) ) ) ) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) faality(VVTF) it it (t it it by administrativ e approval Wreless c c c c c c c c c c c c c c c c c c c c c c c c c c c c telecommunl (5 (5 (e (e (e (e (e (e (e (e (5 (5 (5 (e (5) (4) (4) (4) (4) (4) (4) (5) (4) (4) (4) (4) (4) (4) caters ) ) ) ) ) ) ) ) ) ) ) ) ) ) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) faGllty(VVTF) it it it it it by conditional use permit EV charging A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A Station (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) Rapid A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A charging (i (i (i fr fr (r fr fr fr fr fr fr (i station o) o) o) o) o) o) o) o) o) o) o) o) o) SECTION 10. - Amendment. Section 15.04.065 of the Kent City Code is hereby amended as follows: Sec. 15.04.065.. Transportation, public, and utilities land use development conditions. 1. For WTF towers ninety (90) feet or less for a single user and up to one hundred twenty (120) feet for two (2) or more users. 2. For WTF towers that are within the allowable building height for the district in which they are located. 3. All WTFs are subject to applicable portions of KCC 15.08.035. 31 Ordinance Amending KCC 15.02, 15.04 and 15.08 34 4. A conditional use permit for a WTF is required if it is greater than ninety (90) feet for a single user or one hundred twenty (120) feet for two (2) or more users. 5. A conditional use permit is required if the WTF exceeds the allowable building height of the district. 6. Transportation and transit terminal, including repair and storage facilities and rail-truck stations, except classification yards, in the category of "hump yards." 7. Accessory uses shall not include vehicular drive-through, drive-in, or service bay facilities. 8. If on property owned, leased or otherwise controlled by the city or other government entity subject to KCC 15.08.035(I). 9. Lever 1 and 2 charging only, 10. anly as part of a general conditional use identified in KCC 15.08.030,, 11. High capacity transit facilities shall be consistent with Chapter 15.15 KCC. 12. A conditional use permit is required for high capacity transit facilities that cross multiple zoning districts. No other transportation and transit facilities are allowed in the MHP zoning district. 32 Ordinance Amending KCC 15.02, 15.04 and 15.08 35 13. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subiect to the provisions of KCC 15.08.160. SECTION 11. - Amendment. Section 15.04.070 of the Kent City Code is hereby amended as follows: Sec. 15.04.070. Wholesale and retail land uses. Zoning Distncts Key P=Principally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses O F F U £ Z W U W U U U U Q Q N N N N N 2 Z U O O 2 2 2 U U U' O U' Bakeries and v v v v v v v confectionene (2) s VVholesale v v bakery F F F F F P P Bulk retail (w (w (1) (1) Recycling C v centers Retail sales of v v v v In her,tools, and other building materials, including preassembled products Hardware, v v v v v v v v v v paint,tile,and (t1 (2) wallpaper ) (retail) Farts v v equipment General v v v v v v v v v merchandise Dry goods, vanety,and department 33 Ordinance Amending KCC 15.02, 15.04 and 15.08 36 Zoning Distncts Key P-Principally Permitted Uses S-Special Uses C-Conditional Uses A-Accessory Uses s tf rc rc rc rc rc rc rc rc K K K 2 u U U u 2 2 u U U ¢ U m 2 2 2 2 Z U O O 2 2 2 U U U' O 2 stores(recall) Food and P P P P P P P P v 5 P 5 P convenience O1 (12 (4) (12 (2) stores(retail) ) ) ) Automobile, v v v aircraft, motorcycle, boat and recreational vehicles sales (retail) Automotive, v v v v v v v v v v aircraft, (ra (ra (E (2) motorcycle, ) ) (13 and marine ) accessories (retail) Gasoline s s s s s s s s s c service (G (G (G (G (G (G (G (G (G stations Apparel and v v v v v v v v A v accessories fn (1) (2) (retail) Furniture, v v v v v v v v v v home (11 (2) furnishing ) (retail) Eating and v v v v v v v v v v A v v v v drinking it (15 (5) (2) establishment ) ) sito drive- through) Eating and s c v s v v drinking f D )r) ) (an (2 estabmen )a fa a) s wthd i�ve through Eating v v v A A A A faa litres for employees Planned c development (14 retail sales ) Drive- c v v v v v v v through/drive- (22 (20 (20 (24 (24 (an (an (an up businesses ) ) ) ) ) ) ) ) (commercial/r etail-other than eating/dnnkin 9 establishment s) 34 Ordinance Amending KCC 15.02, 15.04 and 15.08 37 Zoning Distncts Key P=Principally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses s tf rc rc rc rc rc rc rc rc K K K 2 u U U u 2 2 u U U ¢ U m 2 2 2 2 Z U O O 2 2 2 U U U' O 2 Miscellaneous v v v v v v v v v A A v retail Drugs, (n (15 (e) (2) antiques, ) ) books, sporting goods, jewelry,florist, photo supplies, video rental, computer supplies,etc v v v v v v v v v v v Liquorstore fn (z) Farm v v v supplies,hay, grain feed, fencing,etc. (retail) Nurseries, v v v v greenhouses, garden supplies, tools,etc Pet shops v v v v v (retail and (2) grooming) Computers v v v v v v v and (2) electronics (retail) Hotels and v v v v v v v v v motels (n (as 1 1 Complexes v v which include combinations of uses including a mixture of office,light manufacturing storage,and commercial uses Outdoor p p A A A A A p Storage (19 (19 (19 (19 (19 (19 (19 (19 (Including ) ) ) ) ) ) ) ) truck,heavy equipment, and contractor storage yards as allowed by development standards, KCC 15 04.190 and 35 Ordinance Amending KCC 15.02, 15.04 and 15.08 38 Zoning Distncts Key P=Principally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses s tf rc rc rc rc rc rc rc rc K K K 2 u U U u 2 2 u u U ¢ U m 2 2 2 2 Z U O O 2 2 2 U U U' O 2 15 04 195) Accessory A A A A A A A A A A A A A A A A A A A A A A A A A A A A A uses and (9) f1 f1 f1 f1 (16 (16 F F F F F (16 (16 (16 (ie LZ 1 1 1 ] ) ) ) ) ) ) ) ) ) ) ) structures customarily appurtenant to a permitted use Agriculturally related retail (21 Battery s s A A A A A s "SS s s s A A exchange (aa (aa (aa (aa (aa (aa (aa (aa (aa (aa (aa (aa (aa station ) ) ) ) ) ) ) SECTION 12. - Amendment: Section 15.04.080 of the Kent City Code is hereby amended-as follows: Sec. 15.04.080. Wholesale and retail land use development conditio,nsi. 1. Bulk retail uses which provide goods for regional retail and wholesale markets; provided, that each use occupy no less than forty- three thousand five .hundred sixty (43,560) square feet of gross floor area. 2. All sales, storage, and display occur within enclosed buildings. 3. Provided that any restaurant with drive-in or drive-through facilities shall be located a minimum of one thousand (1,000) feet from any other drive-in restaurant use. 36 Ordinance Amending KCC 15.02, 15.04 and 15.08 39 4. Convenience and deli marts are limited to a maximum gross floor area of three thousand (3,000) square feet. 5. Uses shall be limited to twenty-five (25) percent of the gross floor area of any single- or multi-building development. Retail and service uses which exceed the twenty-five (25) percent limit: on .an individual or cumulative basis shall be subject to review individually through the conditional use permit process. A conditional use permit shall be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operating ,characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis. 6. Special uses must conform to the development standards listed in KCC 15.08.020. 7. Drive-through restaurants, only if located in a building having at least two (2) stories. 8. Accessory uses are only allowed in cases where development plans demonstrate a relationship between these uses and the principal uses of the property. 9. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 37 Ordinance Amending KCC 15.02, 15.04 and 15.08 40 10. Retail uses operated in conjunction with and incidental to permitted uses, provided such uses are housed as a part of the building comprising the basic operations. 11. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, must be retail or pedestrian-oriented. Pedestrian-oriented development shall have the main ground floor entry located adjacent to, a public street and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, .antique shops, and book shops; b. Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; c. Repair services, including but not limited to television, radio, computer,,jewelry, and shoe repair; d. Food-related shops, including but not limited to restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to law offices and consulting services; and 38 Ordinance Amending KCC 15.02, 15.04 and 15.08 41 g. Any other use that is determined by the planning director to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to KCC 15.09.065, Interpretation of uses. 12. Retail convenience grocery sales are allowed in"conjunction with a gasoline service station as a special permit use subject to the development standards listed in KCC 15.08.020. 13. Retail sales are limited to tires, batteries, and accessories for industrial vehicle and equipment. 14. Retail sales are permitted as ;part of a planned development where at least fifty (50) percent of the total development 9s for office use. Drive- in restaurants, service stations, drive-in clea(iing establishments, and other similar retail establishments are not permitted. 15. Incidental sales and services, such as restaurants, pharmacies, and retail sales, to 'serve occupants and patrons of permitted uses when conducted within the same building, provided there is no exterior display or advertising.. 16. Includes incidental storage facilities and loading/unloading areas. 17. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. 18. Accessory uses shall not include vehicular drive-through, drive-in, and service bay facilities. 39 Ordinance Amending KCC 15.02, 15.04 and 15.08 42 19. Reference KCC 15.07.040(C), outdoor storage landscaping. 20. Whenever feasible, drive-up/drive-through facilities shall be accessed from the rear of a site and run along an interior lot line or building elevation. Landscaping, sufficient to soften the visual impact of vehicle stacking areas, may be required. 21. Retail use must be for sale of agricultural or horticultural produces, at least twenty-five (25) percent of the gross sales value of which are grown within Washington State. Up to fifty (50)' percent of the gross sales value may be for seed, gardening equipment and products, private label foods, and locally hand-made products. Any structures must be designed to maintain or enhance the agricultural appearance of the area. 22. Any drive-up/drive-through fcility shall be accessory to the principal use to which it is attached. Ground O:Prod^Retail/Service Area r.acrx.sr. q.yL4f!111f nd. iY. tiles ti - r 1m.w=s (i]Mind 1 Luor RcI.;uNS i ri.c.I.Jx h'c,IL ICII 40 Ordinance Amending KCC 15.02, 15.04 and 15.08 43 23. All battery exchange activities and associated storage shall take place within an enclosed building. The development standards listed in KCC 15.08.020(B) shall apply, except that number three (3) shall not apply. 24. Drive-through/drive-up businesses are permitted only under the following conditions: a. The development must be within a strip-mall or shopping center. 25. The ground floor or street level must be retail or pedestrian-oriented following the Midway Design Guidelines. The main ground floor entry shall open to a public street with accessory retail uses accessible by pedestrians. 26. Bulk retail is permitted only when single tenant building is over one (1) acre in size. 27. Accessory structures composed of at least two walls and a roof, not including accessory uses , or structures customarily appurtenant to aarrvcultural uses, are subiect to the provisions of KCC 15.08.160. SECTION 13. - Amendment. Section 15.04.090 of the Kent City Code is hereby amended as follows: Sec. 15.04.090 Service land uses. Zoning Distracts 41 Ordinance Amending KCC 15.02, 15.04 and 15.08 44 Key P- Pnnapally Permitted Uses S-Special Uses C- Conditional Uses A- Accessory Uses C? f f () £ x I U w ti U s w rc rc rc rc rc rc rc rc rc rc rc x U U U U r r U U ¢ Q Q N N N N N £ £ £ £ £ £ £ Z 0 0 0 £ £ £ U U 0 0 £ £ £ £ £ 0 Finance, P P P P P P P P P P P P P P insurance S (i) (2) (3) real estate 2) O services Personal P P P P P P P P P C P P P P services (2 O O O (2) (3) Laundry, 2) 2) 0) 0) O °) dry cleaning, barber, salons, shoe repair, launderette s P P P P C P Monuanes (1 (M 2) Home day- P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P Care Daycare C C C C C C C P P P P P P P P P P P P P P P P P P P P P P P P center Business P P P P P P P P P P P P services (1 (2) (3) dupand blue ting ) and bluee nting travel t , ravel agencies, and employMen ees t agencies Building P P P P P P P maintenanc (2) e and pest Control Outdoor P P A A A A A P storage C (inducting (9) truck, heavy equipment, and contractor storage yards as allowed by developme no standards, KCC 15 04 190 and 15 04 195) Rental and P P P P P P P leasing (2) 42 Ordinance Amending KCC 15.02, 15.04 and 15.08 45 Zoning Distncts Key P- Pnncipally Permitted Uses S-Special Uses C- Conditional Uses A- Accessory Uses 19 D F F U £ Z W U W U U U U K K 2 U U U U F F U 2 2 U Q Q Q N N N N N £ £ £ £ £ £ £ Z 0 0 0 £ £ £ U U 0 0 £ £ £ £ £ 0 services for Cars, t k callers, turn re, and tools Auto repair c v v v v v v c and (2 (fi) washing )) services a) (inducting body work) Repair v v v v v v v v v v services (1 (2) (3) Watch,TV, 2) electrical, electronic, upholstery Professions v v v v v v v v v v v v v I services. S (2) (e) Medical, O) clinics and otherhealth care elated services Heavy v v v c v equipment (9) and truck repair Contract v v v v v v v v v v constructio r r r r r (2) (e) nService 6) 6) 6) ]) ]) fr offices �) Building constructio n, plumbing, paving and landscaping Educational v v v v v v v v v v v services (2) (3) Vocational, trade,an, music, dancing, barber and beauty s s s s s s s s s s s s s s s s s s s s s s s s s Churches (4 (4) (4) (4) (4) (4) (4 (4 (4 (4 (4 (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) ) ) ) ) ) ) Administrati v v v v v v v v v v v v v veand (r (2) (3) profession 2) 43 Ordinance Amending KCC 15.02, 15.04 and 15.08 46 Zoning Distncts Key P- Principally Permitted Uses S-Special Uses C- Conditional Uses A- Accessory Uses xa 19 D F F U £ Z W U W U U U U K K 2 U U U U - - U 2 2 U Q Q Q N N N N N £ £ £ £ £ £ £ Z 0 0 0 £ £ £ U U 0 0 £ £ £ £ £ 0 1 offices— general Municipal v v v v v v v v v v v v v v v v uses and (i (r (r (r (r (r (r (r (r (r (r (r (2) (r (r buildings a) a) a) a) a) a) a) a) a) a) a) a) (i a) a) Research, v c v v v v v v v v developme (2) (r no and 4) testing Planned developme (D no retail sales Accessory A A A A A A A A A A A A A A A A A A A A A A A A A A A A A uses and (7) L L L L (i (i (i (i (i (i (i (i (i (i (i L 4) f] f] B) B) 9) 9) 9) 9) 9) B) B) B) 5) structures customarily appurtenant to a permitted use Boarding c c c c kennels and breeding establishme nos Veterinary c v v v v v v c v Clinics and (8) (8) (8) (8) (8) (8) (1 veterinary �) hospitals Administrati v v v v v ve or executive off ces which are pan ofa predominan t industnal operation Offices A A A A A incidental and necessary to the ccnductof a principally permitted use 44 Ordinance Amending KCC 15.02, 15.04 and 15.08 47 SECTION 14. - Amendment. Section 15.04.100 of the Kent City Code is hereby amended as follows: Sec. 15.04.100. Service land use development conditions. 1. Banks and financial institutions (excluding drive-through). 2. Uses shall be limited to twenty-five (25) percent of the gross floor area of any single- or multi-building development. Retail and service uses which exceed the twenty-five (25) percent limit on an , individual or cumulative basis shall be subject to review individually through the conditional use permit process. A conditional use permit shall be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operating, characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis. 3. All sales, storage, and display occur within enclosed buildings. 4. Special uses must conform to the development standards listed in KCC 15.,08.020. 5. Excluding auto body repair. 6. Retail sales are permitted as part of a planned development where at least fifty (50) percent of the total development is for office use. Drive- in restaurants, service stations, drive-in cleaning establishments, and other similar retail establishments are not permitted. 45 Ordinance Amending KCC 15.02, 15.04 and 15.08 48 7. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 8. Veterinary clinics and animal hospitals when located no closer than one hundred fifty (150) feet to any residential use, providing the animals are housed indoors, with no outside runs, and .the building is soundproofed. Soundproofing must be designed by; competent acoustical engineers. 9. Those uses that are principally permitted in the M3 'zone 'may be permitted in the M2 zone via a conditional Use permit. ............... 10. Personal services uses limited,.to linen supply ,and industrial laundry services, diaper services, rug cleaning and, repair services, photographic services, beauty and barber services, and fur repair and storage services. 11. Veterinary clinics and animal hospital services when located no less than one hundred fifty, (150) feet, from any residential use, provided the animals are housed indoors and the building is soundproofed. 12. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, must be pedestrian-oriented. Pedestrian-oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty shops such as 46 Ordinance Amending KCC 15.02, 15.04 and 15.08 49 apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops, and book shops; b. Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; C. Repair services, including but not limited to,television, radio, computer, jewelry, and shoe repair; d. Food-related shops, including, but` not limited to restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to law offices and consulting services; and g. Any ,other use that is determined by the planning director to be of the same" ganeral character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to KCC 15.09.065, Interpretation of uses. 13. Except for such uses and buildings subject to KCC 15.04.150. 14. Conducted in conjunction with a principally permitted use. 15. Accessory uses shall include vehicular drive-through, drive-in, or service bay uses. 47 Ordinance Amending KCC 15.02, 15.04 and 15.08 50 16. Contract construction services office use does not include contractor storage yards, which is a separate use listed in KCC 15.04.040. 17. Outside storage or operations yards are permitted only as accessory uses. Such uses are incidental and subordinate to the principal use of the property or structure. 18. Includes incidental storage facilities and loading/unloading areas. 19. Includes incidental storage facilities,,"which must be enclosed, and loading/unloading areas. 20. Shall only apply to medical and dental offices and/or neighborhood clinics. 21. Auto repair, including body ,work, and washing services are permitted only under the following conditions: a. The property is also used for heavy equipment repair and/or truck repair; and b. The property abuts or is split-zoned with real property in the gateway commercial district. Gasoline service stations that also offer auto repair and washing, services are not permitted in the M3, general industrial zoning district. ` 48 Ordinance Amending KCC 15.02, 15.04 and 15.08 51 22. Any associated drive-up/drive-through facility shall be accessory and shall require a conditional use permit. 'Ground Floor Retai.IfSery lure Area • 1 afH tll i '� ❑C OL i y a' n3:r� ,3 � (4 mnd I Inn, Rdaillhn 5 iw,1 ice-,Kcquircd. 23. Auto repair, including body work, and auto washing services shall be allowed in the general industrial (M3) zoning district as follows: a. For adaptive reuse of existing site structures, all of the following conditions'mustapply: i. The site is not currently served by a rail spur; and ii. Existing site structures do not have dock high loading bay doors, where the finished floor is generally level with the floor of freight containers;and iii. All ground-level bay doors of existing structures have a height of less than fourteen (14) feet, which would generally impede full access to freight containers; and 49 Ordinance Amending KCC 15.02, 15.04 and 15.08 52 iv. Existing site structures have a clear height from finished floor to interior roof trusses of less than twenty (20) feet; and V. Maximum building area per parcel is not greater than forty thousand (40,000) square feet. b. For proposed site development, all of the following conditions must apply: i. The site is not currently-served by a rail spur; and ii. Based on parcels existing at the time of the effective date of the ordinance codified in this section, the maximum parcel size is no greater than forty thousand (40,000) square feet. 24. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subiect to the provisions of KCC 15.08.160. SECTION"15. - Amendment. Section 15.04.110 of the Kent City Code is hereby amended as follows: Sec. 15.04.110. Cultural, entertainment, and recreation land uses. oning Distracts 50 Ordinance Amending KCC 15.02, 15.04 and 15.08 53 Key P=Principally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses s tf rc rc rc rc rc s' rc rc ,1P rc rc i u U U u u U ¢ m Q Q N N N N N 2 Z 0 0 0 Performing and P P P P P P P P P P cultural arts uses, (3) (r) such as art galleries/studios Historicand P P monument sites Public assembly P P c c P P P P P P (indoor).Sports (2) (2) (2) (r) facilities,arenas, o auditoriums and (e) exhibition halls, bowling alleys,dart- playing facilities, skating rinks, community clubs, athletic dubs, recreation centers, theaters(excluding school facilities) Public assembly c P P (outdoor).Fairgrounds and amusement parks,tennis courts, athletic fields, miniature golf go-cart track,drive-in theaters,etc Open space use c c c c c c c c c c c c c c c P P c c c c P P c c c c c c c Cemeteries,Parks, (6) (b (9) (9) (9) O) O) playgrounds,a of f c c c c courses,and other recreation facilities, including buildings or structures associated therewith Employee recreation A A A A areas Private dubs,fraternal c c c c c c c c c c c c c c c c c P c P c c P c c c c c c P lodges,etc (5) (5) (5) (5) Recreational vehicle c P parks Accessory uses and A A A A A A A A A A A A A A A A A A A A A A A A A A A A A 4-4�sfuctures (10) (10) (10) (10) (10) (4) customarily appurtenant to a permitted use Recreational buildings A in MHP SECTION 16. - Amendment. Section 15.04.120 of the Kent City Code is hereby amended as follows: 51 Ordinance Amending KCC 15.02, 15.04 and 15.08 54 Sec. 15.04.120. Cultural, entertainment, and recreation land use development conditions. 1. All sales, storage, and display occur within enclosed buildings. 2. Principally permitted uses are limited to indoor paintball, health and fitness clubs and facilities, gymnastic schools, and ''other similar uses deemed compatible with the general character and, stated purpose of the district. 3. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district (as shown in KCC 15.04.080) must be retail or pedestrian-oriented. Pedestrian-oriented development shall have the main ground floor entry located, adjacent to, a public street and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail" establishments, including but not limited to convenience.goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home"and home accessory shops, florists, antique shops, and book shops; b. Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; C. Repair services, including but not limited to television, radio, computer, jewelry, and shoe repair; 52 Ordinance Amending KCC 15.02, 15.04 and 15.08 55 d. Food-related shops, including but not limited to restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to law offices and consulting services; and g. Any other use that is determined by the planning director to be of the same general character as the above permitted uses and in accordance with the stated purpose of the 'district, pursuant to KCC 15.09.065, Use interpretations. 4. Accessory uses shall include vehicular drive-through, drive-in, or service bay facilities. 5. Business, civic, social, and fraternal associations and service offices are principailly,permittbd uses. 6. Principally permitted uses are limited to parks and playgrounds. 7. Principally permitted uses are limited to golf driving ranges. 8. Public assembly facilities such as amphitheaters, arena, auditoriums, and exhibition halls allowed as a conditional use. 9. Conditionally permitted uses are limited to parks and playgrounds. 53 Ordinance Amending KCC 15.02, 15.04 and 15.08 56 10. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subiect to the provisions of KCC 15.08.160. SECTION 17. - Amendment. Section 15.04.130 of the Kent City Code is hereby amended as follows: Sec. 15.04.130. Resource land uses. Zoning Districts Key P=Principally Permitted Use S=Special Uses C=Conditional Uses A=Accessory Uses al N p O 'I M V 10 M O f f M f 0 0 U U F Y U Q N M W Q Q M M M M M F F F F F F F 2 0 0 0 TIT U U O O F X X F F O Agricultural uses such as P P P P planting and harvesting o crops, animal husbandry (including wholesale nurseries and greenhouses) Crop and tree farming P P P P P P P P P P P P P P P P P P P Storage, processing, and P P conversion of agricultural products (not including slaughtering or meat packing) Accessory uses and A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A b»id 9ijs -tructures (1) L41 a a LL customarily appurtenant to 4 a permitted use A A A A Roadside stands (3) (z) (3) (2) SECTION 18. - Amendment. Section 15.04.140 of the Kent City Code is hereby amended as follows: Sec. 15.04.140. Resource land use development conditions. 54 Ordinance Amending KCC 15.02, 15.04 and 15.08 57 1. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 2. Roadside stand not exceeding four hundred (400) square feet in floor area exclusively for agricultural products grown on the premises. 3. Roadside stands not exceeding four hundred (400) square feet in floor area, and not over twenty (20) lineal feet on any side, primarily for sale of agricultural products on the premises. 4. Accessory structures composed of at least two walls and a roof, not includina accessory uses or structures customarily appurtenant to agricultural uses, are subiect to the provisions of KCC 15.08.160. SECTION 19, - Amendment. Section 15.08.160 of the Kent City Code is hereby amended as follows: Sec. 15.08.160. Accessory;buildings. A. An accessory building can be located anywhere on a lot if it conforms with the setbacks required by this title for a principal building. In the rear one-half {1{2-)-of a lot the accessory building can be built to within two {2}feet of the' side and rear lot lines, except when attached to a principal building, in which case it must have the same setbacks as the main building. If other regulations or ordinances conflict with the provisions in this subsection (A), the stricter reaulations shall apply. 55 Ordinance Amending KCC 15.02, 15.04 and 15.08 58 B. Guestheuse acceSSOFy buildings shall be located on the FeaF hal the There shall be not more than one {}guesthouse or accessory dwelling unit on any one se or ADU shall be located on the rear half of the lot, unless determined to be infeasible due to lot shape, house placement, or other factors as approved by the planning director. , which, tegetheF with ethef aeeeSSOFy buildingsT sha" not exceed thirty (BE)) peFeent of the aFea of the reaF yaFd on which it guestheuse. Accessory dwelling units are also subject to the provisions of KCC 15.08.350. C. The combined footprint of all accessory buildings on a lot shall not exceed fifteen percent of the lot area, D. Accessory buildings shall not exceed twenty feet in height. E. Accessory buildings shall not exceed the heiaht of the principal structure. F. Accessory buildings that are twelve feet in heiaht or Maher must be visually compatible with the principal building by meeting both of the followina: (1) The exterior finish material must be the same or visually match the exterior finish material of the principal building, in type, size and placement; and 56 Ordinance Amending KCC 15.02, 15.04 and 15.08 59 (2) The trim on the accessory buildina must be the same or visually match the trim used on the principal structure, in type, size and placement. SECTION 20. - Amendment. Section 15.08.350 of the Kent City Code is hereby amended as follows: Sec. 15.08.350. Accessory dwelling unit regulations. A. Intent. The city provides these accessory dwelling unit regulations for the following purposes: 1. To increase the supply of affordable rental units through better use of the existing housing stock, much of which is under-utilized because the baby boom has been followed by an" empty nester boom, because there are fewer children per family, because there are more single parent households, and because there are more one--(I} and two—f2} person elderly households, 2. To make homeownership more affordable because it will be easier to buy both new and existing homes with the help of an accessory apartment. 3. To make it more comfortable for older people to retain their homes because an accessory apartment can provide them with added income, security, companionship, and the opportunity to trade rent reductions for needed services. 57 Ordinance Amending KCC 15.02, 15.04 and 15.08 60 4. To make it easier for single parents to meet mortgage payments and hold onto their homes in the wake of a divorce and, as a result, keep their children in the same neighborhood. 5. To increase the opportunity for disabled persons to live independently because accessory units can provide them with both privacy and the proximity to needed support. 6. To reduce the isolation of households that is a result of increased affluence in housing, and/or longer lifespans and periods of frailty, and/or suburban land use patterns that isolate people, who cannot drive. 7. To make better use of existing public investment in streets, transit, water, sewer, and other utilities. - B. Standards and criteria. 1. Ones} ADU per detached single-family dwelling unit is allowed-eel nigh within all SR single fangil� residential zones and single faFnily dwellings within thee eity. There shall be not more than one auesthouse or ADU on any one lot. 2. An ADU may be established in a new or existing single-family dwelling by creating the unit within or as anirr addition to the dwelling, or as a detached unit from the principal dwelling. Detached ADUs are subject to the provisions of KCC 15.08.160. 3. The ADU, as well as the main dwelling unit, must meet all applicable setbacks, lot coverage, and building height requirements. 58 Ordinance Amending KCC 15.02, 15.04 and 15.08 61 4. The design and size of an ADU shall conform to a" applicable standaMS the requirements of all building, plumbing, electrical, mechanical, fire, health, and any other applicable codes. When there are practical difficulties involved in carrying out the provisions of this section, the building official may grant modifications for individual cases pursuant to the International Building Code, the International Residential Code, or other applicable building codes, and as subsequently amended or recodified. 5. Ones} of the dwelling units shall be owner occupied as the ownerjs� principal residence for at least six— 6§ "months aevei-y calendar year. No permit for an ADU will be issued until the owner files a covenant evidencing this use limitation against.the property t tThis covenant must alse—be recorded in theKing County AbiditeF. This eeveigant Recorder's Office, at the owner's expense, and shall be in a form acceptable to the city attorney. 6. Tf bethgither the ADU or,the principal unit ceases to be owner occupied for mat least six {6}months in any given calendar year, they ADU permit shall be deemed revoked and use of the unit as an ADU must cease immediately. 7. The size of an ADU contained within or attached to an existing single-family structure shall be limited by the existing structure's applicable zoning requirements. An ADU incorporated in the construction of a new single-family house shall be limited to forty—(4&j percent of the principal unit. 59 Ordinance Amending KCC 15.02, 15.04 and 15.08 62 8. The size of a detached ADU, for either new construction or an existing home, shall be up to eight hundred (899) square feet or thirty- three-f33} percent of the size of the principal unit, whichever is smaller. If the detached ADU is built within or in addition to another accessory structure, the footprint of the accessory structure is not counted towards the footprint of the ADU. 9. A legal guest cottage, as defined by KCC 15.02.174, existing prior to November 21, 1995, shall not be denied an accessory housing permit solely because it is larger than the maximum size ,stated in this criteria. Any legally constructed accessory building, existing prior to November 21, 1995, may be converted to an accessory dwelling unit provided the structure does not exceed fifty-(50) percent of the size of the principal unit. 108. The owner or developer shall take every effort to avoid additional entrances or other visible changes on the street facade of the house which indicates the presence of an ADU. 119. A permit application must be completed and approved for all ADUs: The plaigigin —.economic and community development department shall determine the application requirements for an ADU permit. 129. ADUs existing prior to the adoption of the accessory housing ordinance may be found to be legal on the condition that the property owner applies for an ADU permit and complies with all required standards and provisions. Such property owners have a one {3}year period from the date the accessory housing ordinance is adopted in which to apply for an ADU permit, after which time such property owners can be subject to fines and penalties established in this title. 60 Ordinance Amending KCC 15.02, 15.04 and 15.08 63 131. Adjacent neighbors of an ADU applicant shall be notified of the ADU zeiging permit application. This notification is informational only. The decision by the plaiqiqiiqgeconomic and community development department to grant an ADU zening permit is nonappealable by the neighbors of the permit holder. SECTION 21. — Severabilitv. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect.' SECTION 22. — Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and .the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION"23: — Effective Date. This ordinance shall take effect and be i i force thirty days from and after its passage, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK 61 Ordinance Amending KCC 15.02, 15.04 and 15.08 64 APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2015. APPROVED: day of 12015. PUBLISHED: day of 12015. I hereby certify that this is a true copy of Ordinance No. passed by the city council of the city of,Kent, Washington, and approved by the Mayor of the;city,of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK PT1,1A0rffi OMmmd 15021504 and 1500 do= 62 Ordinance Amending KCC 15.02, 15.04 and 15.08 65 ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 �MT PSIFax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 Aug 17, 2015 TO: Chair Randall Smith and Land Use & Planning Board Members FROM: Hayley Bonsteel, Planner & GIS Coordinator RE: Assisted Living Facilities Zoning Code Amendment (ZCA-2015-4) For Aug 24, 2015 Workshop SUMMARY: On November 28, 2014, the City Council approved the Annual Docket Report, which placed in the 2015 work program for Planning Services a request (DKT-2014-5) for a zoning code amendment to allow assisted living facilities outside of mixed use developments. To ensure regulations are clear and effective, staff seeks Board input on options for addressing elder care facility code issues, including clarity and definitions, categorization and appropriate siting. BACKGROUND: Docket #DKT-2014-5 requested a zoning code amendment for assisted living facilities, arguing that the code definition does not specify clearly the residential nature of these facilities. Staff believes the request could be an opportunity to address potential updates to the categorization of elder care facilities, as well as consider reductions to mixed use requirements for elder care facilities. Staff seeks Board input for analyzing this request for code amendment. See attached report. HB:pm P:�Planning�LUPB�2015lMeeting Documents�8-24-15 Workshop�ALF memo LUPB Aug 24.doc Encl: Assisted Living Facility Standards Analysis Report cc: Charlene Anderson,AICP, Planning Manager 66 67 Assisted Living Facility Standards Analysis Report ....................................................................................................................................................................................................................................................................................................................................... lintroductlain Included in the 2014 Docket was a request to amend the definition and use table related to assisted living facilities. The zoning code amendment illuminates an area of confusion in the definition of an Assisted Living Facility in Kent City Code. Clarifications to the code (Option 2, below) would address this issue. Aside from the confusion over the definition,the applicant requested an amendment allowing assisted living facilities in CC, GC or 0 outside of the mixed use overlay. In considering the feasibility of this request,staff have seen the potential for updating the categories of elder care facilities to reflect state licensure requirements or modern trends(Option 3, below). Currently, assisted living facilities are only permitted in Office (proposed to be eliminated with the comprehensive plan update), General Commercial,or Community Commercial zones when located within the mixed use overlay and as part of a mixed use development. If the amendment request is granted, and assisted living facilities are allowed outside of the mixed use overlay,the corollary is to also allow such facilities within the mixed use overlay without being a part of a mixed use development.This issue is explored in Option 4, below. 'lll001111 A 11110 acuoill ' III31:tain " G ClaiiNlIcafloirs Oily The applicant argues that the definition of an Assisted Living Facility is unclear according to code. In 15.02.026.1, the last line specifies that "an assisted living facility is not a group home or a residential facility with health care."The applicant took this to mean that an assisted living facility is not a residential facility, but it is in fact a residential facility (as it houses elderly residents, and includes sleeping, eating and sanitation facilities). Therefore,the following amendment can be considered: 1. The last line of the definition of an assisted living facility can be reworded so that assisted living facilities are clearly understood to be residential facilities (i.e., "an assisted living facility is a residential facility but not a group home or residential facility with health care"). According to existing code,assisted living facilities are permitted in CC, GC and 0 with footnote 2,which reads "Multifamily residential uses,or other residential facilities where allowed,shall be permitted only in the mixed use overlay when included within a mixed use development."The applicant requested that the footnote include the added wording, "Assisted living facilities are not residential facilities and are allowed." Because assisted living facilities are indeed residential,the applicant's request to change this wording does not apply, as long as the definition is specified as described above. However, the following amendment can be considered as further clarification : 68 1. The footnote for assisted living facilities in CC,GC and 0 ("C" is proposed to be eliminated with the comprehensive plan update) can be changed to read "Multifamily and other allowed residential uses are only permissible in a mixed use overlay district,and must be within a mixed use development." Ain all;Manad Iteua to a a'snslltdalr as Ilsrait of code r:�Illau°IfFdr:�la9�d�:uu � Assisted living facilities and residential facilities with health care have different definitions but have the same zoning requirements.These two types of facilities could be combined into one category in the use tables to reduce confusion. Ill 1:dadm 3 (dul'm Ii1RUIPNJourm to 011lptl ul'm 2)!!! Ulpdilfte IIIRN1III6Gr C uu^ !w 111llll'adllllll'kYcn,tegoiii,lob Elder care facilities offer medical care and services to residents along a spectrum, from a facility that is marketed towards seniors but is otherwise similar to an apartment complex,to a facility with many medically trained staff and medical equipment in most rooms. Facilities may have a variety of communal spaces or dining options, but medical care is the service which differentiates them the most clearly. Developers may choose to advertise a proposed project as whichever category is most favorable for development; there is considerable "gray area" as to where along the spectrum a facility might fall.The categories shown below are therefore generally understood to be distinct but may in fact overlap. 1 i riYetR'd �('CL!G'1M1fYkYtl &°njol ��.t:I41 IYtaY, g dYi�ll lfll}'?� ° i R1V.dk FBV a I� li 4'0."'u&0i�&tl�k&GU II V:IIa ,i� ` less inedical care b� ✓ w h WM f� 4 { I y xf 4 N°° l yy V 0011IIII11FIffi s y The Washington Department of Social and Health Services (DSHS) defines long-term care residential options as the following: • State Licensed: o Nursing Homes o Adult Family Homes o Assisted Living Facilities • Non-State Licensed: o Retirement Communities/Independent Living Facilities o Continuing Care Retirement Communities 69 These options do not directly correspond to the categories listed in the Kent City Code, which are as follows: • Multiple-family dwelling(includes independent senior housing) • Assisted living facility • Residential facility with health care (includes nursing homes and Continuing Care Retirement Communities) • Group homes (Class 1)—publicly or privately operated residential facilities, including for individuals who are physically or mentally disabled Kent City Code therefore groups non-equivalent facilities, by placing nursing homes and CCRCs into one category, while assisted living is categorized separately. k � 64f C�d.°(4t°I74�8wti,1� b5 •..," ' 3 e�f°�i:°f� r'�uC'I tlY8111gk"IVf 'r 11/COY@ ✓ " ����7ba7['@p���i<<,i�a * � 1 G� aauaa �auir,b""�� w �°, �rur�saauatwu��n�arw, .,.,.,.,... ( °•a �,. ,. �°' �'a„ �f 4I H�°to �,i less rnedicaaj care /%/`%/��������� r µM � V 55vy Y¢¢YY VV11 A ��O FI�f CYF4a14S Preliminary research into the difference in impacts between these various kinds of facilities has shown that all elder care facilities appear and operate similarly from the outside. DSHS staff has commented that "you wouldn't know, if you were walking onto a site,whether it was just an apartment building,an assisted living facility or a nursing home." Impacts to the neighborhood such as ambulance visits, noise and circulation patterns have all been preliminarily shown to be similar between elder care facilities of all types and multifamily developments generally. Another important issue regarding categorization is the trend toward elder care facilities that span multiple categories, allowing residents to "age in place."These facilities may offer independent living, assisted living and skilled nursing in one location.There is also a trend toward "aging in place" completely outside an elder care facility. Given these issues regarding categorization,the following amendments can be considered: 1. Update City Code elder care facility categories to match DSHS categories,or 2. Redefine most elder care facilities to be a type of multifamily development with similar regulations as multifamily dwellings. 70 III '1't mm 4 ('11I°1 IIlmMlI N: oin to Olptloii,rs 2 Ilmm°m 3) IIIIIlow AsslIsted III AIvIIii,ig IIIII IIW1lllllfflama IlIin mmlllamlllmammrdalll ZOIIIISS W1111111 IIP"IIIG IIII IIIIIIIIIIW l!'rovided Via III Qiiii"m lllfloinalll Use III"°"narmamlll The original issue posed by the applicant was whether or not assisted living facilities should be permitted outside of the mixed use overlay in a commercial or office zone (the office zone is proposed to be eliminated with the comprehensive plan update). Assisted living facilities are currently permitted in CC,GC(and 0) only in the mixed use overlay and when included within a mixed use development. Otllheil "!011 &5IIII~n 11 1 II 11': Assisted living facilities are permitted outright in the Downtown Commercial Enterprise District, the Midway Transit Community Districts and the Midway Commercial Residential District, all of which allow and promote a mixed-use environment. Assisted living facilities are permitted as a conditional use in all single family residential zones except SR-1,the duplex multifamily zone and commercial manufacturing zones,as well as in the Gateway Commercial District when part of a mixed use development. (The Gateway Commercial District is proposed to be eliminated with the comprehensive plan update.) Additionally, assisted living facilities are permitted in low, medium,and high density multifamily residential zones, provided they meet the maximum permitted density of the zoning district. Finally, assisted living facilities are principally permitted in the Downtown Commercial District in a mixed use building and as a conditional use permit when not located within a mixed-use building. Oq'U^ery a^li dlii1:rtioi°ns, and'll"actalu^a'II1:ra°nnsIlder Preliminary research shows that many jurisdictions do allow assisted living facilities in commercial zones,sometimes with stipulations for mixed use development or overlay zoning but sometimes without such stipulations.An aging population will increase the demand for assisted living and other elder care facilities in the next 20 years in Kent,and developers may be increasingly looking for creative ways to fit assisted living and other elder care facilities into the City's fabric. Currently, the mixed use overlay requirement for residential uses in several commercial zones stipulates that 25%of a mixed use development be a commercial use, with some provisions for reduction of the commercial component to 5%depending on location (and depending on parcel size according to the proposed comprehensive plan update). If assisted living or elder care facilities were to be allowed outside of mixed use overlays/mixed use developments, it follows that those facilities would not be required to meet the 25%commercial requirement when within a mixed use overlay. While this may incentivize development, it may also undermine the City's goals with regards to designated mixed use areas. Given these issues,the following options may be considered: 1. Allow assisted living or elder care facilities as principally permitted uses in all commercial zones and without requiring a mixed use development, or 2. For facilities within a mixed use zone,allow the 25%commercial requirement to be reduced but not eliminated through a conditional use permit.