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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 10/26/2015 (3) ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 ��KK NT w n s 1, 1 N U r o N 220 Fourth Avenue South Kent, WA 98032-5895 PUBLIC HEARING AGENDA LAND USE & PLANNING BOARD OCTOBER 26, 2015 7:00 P.M. LUPB MEMBERS: Randall Smith, Chair; Barbara Phillips, Vice Chair; Frank Cornelius; Navdeep Gill; Katherine Jones; Jack Ottini and Binoy Varughese. CITY STAFF: ECD-Planning Services: Erin George, AICP, Senior Planner; Hayley Bonsteel, Long Range Planner. City Attorney: David Galazin, Civil Attorney. This is to notify you that the Land Use and Planning Board will hold a Public Hearing on MONDAY, OCTOBER 26, 2015 at 7:00 p.m. These meetings will be held in Kent City Hall, City Council Chambers, 220 Fourth Avenue S, Kent, WA. The public is invited to attend and all interested persons will have an opportunity to speak at the Hearing. Any person wishing to submit oral or written comments on the proposed amendments may do so at the hearing or prior to the hearing by email to Hayley Bonsteel at: hbonsteel@kentwa.gov. No public testimony is taken at the Workshop, although the public is welcome to attend. The agenda will include the following item(s): 1. Call to order 2. Roll call 3. Approval of the June 8, 2015 Minutes 4. Added Items 5. Communications 6. Notice of Upcoming Meetings 7. PUBLIC HEARING: Accessory Dwelling Units (ADU) Zoning Code Amendment rZCA-2015-31 This is a public hearing to examine code amendment options for ADUs and other accessory structures. Proposed changes include but are not limited to design requirements, revised definitions, height regulations, footprint calculation, on-site location and lot coverage. Hayley Bonsteel Assisted Living Facilities Zoning Code Amendment rZCA-2015-41 This is a public hearing to examine code amendment options for assisted living and other elder care facilities. The code amendments include definitions and consider options that would allow assisted living facilities and residential facilities with health care to be located in commercial zones with and without a commercial component. Hayley Bonsteel Meeker Street Design Guidelines rZCA-2015-51 This is a public hearing to examine extending multifamily, mixed use and downtown design guidelines to properties zoned GC, GC-MU, CC-MU and MR-M along the Meeker Street Corridor from 641h Avenue South to Kent-Des Moines Road, including designating Meeker Street in this area as a Class B Pedestrian Street for the purposes of applying the Downtown Design Guidelines. HayleyBonsteel 1 LAND USE AND PLANNING BOARD MINUTES KENT W hS MI N.T.N JUNE 8, 2015 1. Call to Order Chair Smith called the meeting to order at 7:04 pm 2. Roll Call • LUPB Members: Randall Smith, Chair; Barbara Phillips, Vice Chair; Navdeep Gill; Katherine Jones; and Jack Ottini were in attendance. Frank Cornelius and Binoy Varughese were absent. • City Staff: Charlene Anderson, Planning Manager; Todd Hunsdorfer, Environmental Conservation Coordinator; and David Galazin, Civil Attorney, were in attendance. 3. Approval of Minutes Chair Smith asked for a Motion to approve the April 27, 2015 and May 11, 2015 minutes, Board Member Jones MOVED and Board Member Ottini SECONDED a Motion to approve the Minutes. Chair Smith called for a vote on the motion. MOTION PASSED. 4. Added Items None S. Communications None 6. Notice of Upcoming Meetings ECDC — July 13, 2015 at 5:00pm 7. Public Hearing Chair Smith presented the purpose and procedures of a hearing and opened the Public Hearing. ZCA-2015-2 CRITICAL AREAS ORDINANCE & FLOOD HAZARD REGULATIONS Todd Hunsdorfer, Public Works Environmental Conservation Coordinator, presented changes to KCC 11.06, primarily relating to the administration of the code, as well as changes to KCC 14.09, made in order to stay compliant with FEMA guidance. Hunsdorfer stated that these changes presented today were in addition to the changes presented at the 4-13-15 LUPB Hearing and were also made as a result of compliance with the best available science. Staff addressed questions posed by the Board. Chair Smith asked for testimony from the Public. Seeing no speakers, Chair Smith declared the Public Hearing closed. 2 Chair Smith asked for a motion, Board Member Ottini MOVED and Board Member Phillips SECONDED a Motion to recommend to the Full City Council APPROVAL of proposed amendments to Chapter 11.06 KCC, Critical Areas Ordinance, and Chapter 14.09 KCC, Flood Hazard Regulations, as presented by staff. No discussion. Chair Smith called for a vote on the main motion. MOTION PASSED 5-0. S. Public Meeting Chair Smith presented the purpose and procedures of the meeting. Public testimony was previously taken at the 4-27-15 and 5-11-15 LUPB Hearings. LAND USE PLAN &ZONING DISTRICT MAP AND TEXT AMENDMENTS Planning Manager Charlene Anderson did not give a formal presentation. However, she addressed questions raised by the Board. After deliberating the Board made the following motions. Chair Smith asked for a Motion. Board Member Ottini MOVED and Board Member Phillips SECONDED a Motion to recommend to the full City Council modification of the map and text amendments to the City's comprehensive plan and Kent City Code, as recommended by staff. Discussion ensued on the Main Motion, particularly B2.a West Valley. A Secondary Motion was made. Board Member Ottini MOVED and Board Member Phillips SECONDED a Secondary Motion to recommend to the full City Council to take no action on B2.a West Valley, parcel 112204-9065, at this time. Discussion ensued between Members on the Secondary Motion. Chair Smith called for a vote on the Secondary Motion. MOTION PASSED 5-0. Discussion ensued again on the Main Motion, particularly B1.c East Hill East. A Secondary Motion was made. Board Member Ottini MOVED and Board Member Phillips SECONDED a Secondary Motion to recommend to the City Council to take no action on B1.0 East Hill East; Parcel 282205- 9164. Discussion ensued between Members on the Secondary Motion. Chair Smith called for a vote on the Secondary Motion. MOTION PASSED 5-0. Discussion ensued again on the Main Motion, particularly DKT-2014-7. A Secondary Motion was made. Board Member Ottini MOVED to recommend to the full City Council to take no action on DKT-2014-7. No Board Member SECONDED. City Civil Attorney advised Board Member Ottini. Board Member Ottini withdrew his Motion. 3 A Secondary Motion was made. Board Member Ottini MOVED and Board Member Jones SECONDED a Secondary Motion to recommend to the full City Council to include the adjoining parcel to the North along 88th Avenue S. with the property that is being rezoned in DKT-2014-7. Discussion ensued on the Secondary Motion. Chair Smith called for a vote on the motion. MOTION PASSED 5-0. A Secondary Motion was made. Board Member Phillips MOVED to recommend to the full City Council to take no action on DKT-2014-6 CVS. No Second was made. MOTION DIED. Chair Smith asked for the Main Motion, Board Member Ottini MOVED and Board Member Jones SECONDED the Motion to recommend to the full City Council modification of the map and text amendments to the City's comprehensive plan and Kent City Code, with the three exceptions. Chair Smith called for a vote on the motion. MOTION PASSED 5-0. COMPREHENSIVE PLAN UPDATE Chair Smith announced that this item considers an update to the Comprehensive Plan including text goals and policies. The map and text amendments considered in the previous agenda items will also update the Comprehensive Plan. The proposed amendments were the subject of a public hearing on April 27th and May 11th 2015. Staff is requesting the Board make a definitive recommendation on all the comprehensive plan chapters. There is no public testimony taken tonight. Chair Smith asked for a Motion. Board Member Ottini MOVED and Board Member Gill SECONDED a Motion to recommend to the full City Council APPROVAL of the ten chapters or elements of the Kent Comprehensive Plan, including associated Background and Technical Reports, Maps and Memos as recommended by staff. Chair Smith called for a vote on the motion. MOTION PASSED 5-0. 9. Adiournment Chair Smith adjourned the meeting at 8:16pm Charlene Anderson, AICP, Planning Manager LUPB Board Secretary 4 5 ECONOMIC &COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 i� Fax: 253-856-6454 N T a 220 Fourth Avenue South Kent, WA 98032-5895 October 26, 2015 TO: Chair Randall Smith and Land Use & Planning Board Members FROM: Hayley Bonsteel, Long Range Planner & GIS Coordinator RE: Zoning Code Amendments - Accessory Dwelling Units For October 26, 2015 Public Hearing MOTION: Recommend to the City Council approval/denial/modification of the proposed code amendments to Title 15 of the Kent City Code (KCC) including new regulations in KCC 15.08.160 regulating all accessory buildings, along with related amendments to KCC Sections 15.02, 15.04 and 15.08 as presented by staff. 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. The attached draft ordinance provides the proposed code amendments along with minor "housekeeping" code changes. BUDGET IMPACT: None 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 the attached ordinance provides code amendments to address these issues. RECOMMENDATION: Staff recommends approval of the amendments and will be available at the October 261h public hearing for further discussion. HB\al S:\Permit\Plan\ZONING_CODE AMENDMENTS\2015\ZCA-2015-3Acces D,Dwelling Units\10-13-15 LUPB Memo.docx Encl: Draft Ordinance; SEPA Checklist and Addendum cc: Ben Wolters, Economic &Community Development Director Charlene Anderson,AICP, Planning Manager 6 7 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 structures, including accessory dwelling units;, and implementing incidental amendments to resolve inconsistencies, ambiguities and redundancies within the current city code. (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 in how square footage is calculated for accessory dwelling units built on other accessory structures. This was designated Docket 2014-1. Staff recommended that his docket item be included in the 2015 work program for the Economic and Community Development Department. 1 Ordinance Amending KCC 15.02, 15.04 and 15.08 8 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. 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." I,(CC 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 June.8, 2015,, staff presented options for the work plan for Docket 20144 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. H. Staff presented information regarding Docket 2014-1 to the Land Use and Planning Board ("LUPB") at a special workshop meeting on August 24, 2015. I. On August 18, 2015, the City requested expedited review under RCW 36.70A.106 from the Washington State Department of Commerce regarding the City's proposed amendments. The Washington 2 Ordinance Amending KCC 15.02, 15.04 and 15.08 9 State Department of Commerce granted the request for expedited review on September 3, 2015. No comments were received from State agencies. J. On October 2, 2015, the City conducted and completed environmental review under the State Environmental Policy Act (SEPA). K. On October 26, 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 November 9, 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, pertaining to accessory structures, including accessory dwelling units, along with incidental amendments to resolve inconsistencies, ambiguities and redundancies within the current 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: 3 Ordinance Amending KCC 15.02, 15.04 and 15.08 10 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 including, a stove), and sanitation. SECTION 2. - Amendment. Section 15:02.005 of the Kent City Code is hereby amended as follows: 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 dwelling units guest 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 f-1j 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: 4 Ordinance Amending KCC 15.02, 15.04 and 15.08 11 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., a e4eet i-n t , in which only metef 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: Sec. 15.04.020. Residential land uses. 5 Ordinance Amending KCC 15.02, 15.04 and 15.08 12 Zoning Distncts Key P-Pnnapally Permitted Uses as S-Special Uses �„ v e q " e (7 c=cenmeenal uses z z z z z z ° a s A=Accessory Uses P P P P P P P P P P P P P P A A A A One single-family dwelling perlot v v v v One duplex perlot (27) (27) (27) F P P P F F F F F F F F One modularhome perlot Duplexes v v v v 22) v v v v v P P P P P P P P F F F F F F F Multifamily townhouse units (27) (27) (27) (19) (19) (2) (xl (2) w) (20) c (5) v v v v v v v v v v v v Multifamily dwellings (26) (2 6) (2) (4) (2) c (5) Mobile homes and v manufactured homes Mobile home parks J3) (l v v v v v (13) (13) (13) (13)Group homes class-A v P P P v v v v v v P P P v v c v v v v c Group homes class-B v v v v v v v v c v v c c c Group homes class 11-A c c c c c c c c c c c c c c 6 Ordinance Amending KCC 15.02, 15.04 and 15.08 13 Key P=Principally Permitted Uses S=Special as Uses o m e m C=Conditional C C C C C y ,Ra ,Ra asas Uses A=Accessory Uses Group homes 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 class1FC Group homes c c c c c c c c c c class III (26 (26 (aa (aa (26 (26 (26 (aa (26 (26 Secure community transition fsolid eS23 2" Rebuild/acres v v v v v v v v v v v v v v v sory uses for (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) existing dwellings P P P P P P P P P P P Transitional (29 (29 (29 (2) (4) (7) (7) housing ) ) ) c c c (5) (60 (60 1 1 cAs-4no as, 42 Eu Eu Eu Eu Eu Eu 3 4 4 4 4 3 3 Rooming and A A A A A A A A A A boarding conch more than three persons Farm worker A A A accommodate (n (9) (n us 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 Uses and u u u (L (L (ie (ie (ie (ie (ie (ie d long, (ie (ie (ie (ie (ie ) ) ) ) ) ) structures ) ) ) ) ) customarily appurtenant to a permitted use Accessory A A A A A A A A A A A A R A A A A -A A dwelling units a a a a � � a a � a � a � '* '* A4 � a � aid guest (m no no no no no (m (m no niflo (]¢ niflo 3 3 3 3 i1Il llIl 3 7 Ordinance Amending KCC 15.02, 15.04 and 15.08 14 Key P=Principally Permitted Uses S=Special as Uses o m e m C=Conditional C C C C C y ,Hv ,Hv asas Uses A=Accessory Uses coftaaes Accessory A A A A A -A -AA A A A A A A ivin9 quarters its (1a (1a (1a L4 L4 LL4 (1a (1a (1a (1a (1a (1a (1a v Live work units (2e Home 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 occupations (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n Service A buildings Storage A A A A A A A A A A A A A (16 (16 (16 (16 (16 (16 (16 (16 (16 (16 (16 (16 'A',-of ) ) ) ) ) ) ) ) ) ) ) ) recreational vehicles Ddve-in 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 churches Emergency C C C C C C C C C C C C C C housing, emergency shelter C C C C C v v v v v v v v v C j(2) Assisted living (29 (25 (25 (2) (a)facilities ) ) ) C (5) Residential C C C C C v v v v v v v v v C facilities with (29 (29 (29 (2) (4) health care ) ) ) (5 (5) Designated v v v v v v v v v v v v v manufactured (25 (25 (25 (25 (25 (25 (25 (25 (25 (25 (25 (25 (25 home ) ) ) ) ) ) ) ) ) ) ) ) ) SECTION 6, - Amendment. Section 15.04.030 of the Kent City Code is hereby amended as follows: 8 Ordinance Amending KCC 15.02, 15.04 and 15.08 15 Sec. 15.04.030. Residential land use development conditions. 1. Dwelling units, limited to not more than one 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. Multifamily 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 buildinos for existing dwellings may be constructed. subject to the provisions of KCC 15.08.160. 7. Transitional housing facilities, limited to a maximum of 20 residents at any one time, plus up to four resident staff. 9 Ordinance Amending KCC 15.02, 15.04 and 15.08 16 8. esttae�s�e�—Trot — eflte#—Err �tf�era��se—eer�atsete —a s:Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses are subject 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 units are allowed only on the same Lot with a orinciallpermitted 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 the combining district requirements of the mobile home park code, Chapter 12.05 KCC. 14. Accessory living quarters are allowed per the provisions of KCC 15.08.359. 15. [Reserved]. 10 Ordinance Amending KCC 15.02, 15.04 and 15.08 17 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, NCC, CC,,,GC, DC, or DCE. 20. All multifamily townhouse developments in t e—an MR-T zone shall be recorded as townhouses with ownership interest, as defined in KCC 15.02.525.1, prio'to approval of a certificate of occupancy by the city. 21. Subteet te—KC ..r:®8:1E; A}—artd—{Eij Aece�, ory—bttt'dtt7g`� rReseryedl. 22. One duplex per lot is permitted. 23. Secure community transition facilities are only permitted within the boundaries depicted on the following map, and only with a conditional use permit. 11 Ordinance Amending KCC 15.02, 15.04 and 15.08 18 i .. 24. A secure community transition facility shall also comply with applicable state siting and permitting requirements pursuant to Chapter 71.09 RCW. Secure community transition facilities are not subject to the siting criteria of KCC 15.08.280 for class III group homes, but they are subject to a 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 12 Ordinance Amending KCC 15.02, 15.04 and 15.08 19 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 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 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 600 feet. This distance shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the ,nearest„ point of the' parcel or property or the land use district boundary 'line "from which the proposed use is to be separated. For the purpose of granting a conditional use permit for a secure community transition facility; the hearing examiner shall give great weight to equitable distribution so that the city shall not be subject to a disproportionate share of similar facilities of a state-wide, regional, or county-wide nature. 25. A designated manufactured home is a permitted use with the following conditions: a. A designated manufactured home must be a new manufactured home; b. The designated manufactured home shall be set upon a permanent foundation, as specified by the manufacturer, and the space from the bottom of the home to the ground shall be enclosed by concrete or an approved concrete product that can be either load bearing or decorative; 13 Ordinance Amending KCC 15.02, 15.04 and 15.08 20 C. The designated manufactured home shall comply with all city design standards applicable to all other single-family homes; d. The designated manufactured home shall be thermally equivalent to the State Energy Code; and e. The designated manufactured home ;shall meet all other requirements for a designated manufactured home as defined in RCW 35.63.160. 26. Multifamily dwellings shall be allowed only within the Kent downtown districts outlined in the Downtown Subarea 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, 2067, or altered to comply with zoning and subdivision code amendments effective after- March 22, 2007, 25 percent of the total number of permitted dwelling units may be duplex or triplex townhouse structures. 28. Live-work units; provided, that the following development standards shall apply for live-work units, in addition to those set forth in KCC 15.04.190: a. The unit shall contain a cooking space and sanitary facility in conformance with applicable building standards; 14 Ordinance Amending KCC 15.02, 15.04 and 15.08 21 b. Adequate and clearly defined working space must constitute no less than 50 percent of the gross floor area of the live-work unit. Said working space shall be reserved for and regularly used by one or more persons residing there; C. At least one resident in each live-work unit shall maintain at all times a valid city business license for a business on-the premises; d. Persons who do not reside in the live-work '.unit may be employed in the live-work unit when the required parking is provided; e. Customer and client visits are allowed when the required parking is provided; f. No portion of a live-work unit may be separately rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises; g. The multiple-family design guidelines and development standards do not apply to live-work units; h. Construct all nonresidential space, to the maximum allowed, to commercial building standards; and i. Provide an internal connection between the residential and nonresidential space within each unit. 15 Ordinance Amending KCC 15.02, 15.04 and 15.08 22 29. Subject to the maximum permitted density of the zoning district. 30. Conditional use when the number of residents exceeds 20 at any one time or more than four resident staff. SECTION 7. - Amendment. Section 15.04.040 of the Kent City Code is hereby amended as follows: Sec. 15.04.040. Manufacturing land uses. Zoning Districts ey P=Principally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses O F F () K K K K K K rc rc K K K x U U U U F F U U U U 2 Z U 0 0 2 2 2 U U U' 2 2 2 Manufacturing, S P P P P P processing, 3) S S S S S blending,and 3) 3) 3) 3) 3) C packaging of (D food and beverage products Manufacturing, P P P P P P processing, C blending,and (D packaging of drugs, pharmaceuticals toiletries,and cosmetics Manufacturing, P P P P P P P processing, C blending,and (D packaging of dairy products and byproducts Industnal P P P P P laundry and Z dyeing 9) C (including linen (3 supply and o) diaperservices) Printing, P P P c P P P P publishing,and « C allied indusMes )) (D 16 Ordinance Amending KCC 15.02, 15.04 and 15.08 23 Zoning Districts ey P=Pnnapally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses O F F 2 2 2 Z U 0 0 2 2 2 U U U' Chemicals and c c c C related products (4) (4) (4) (r) Mfg j M Contractor P P C P shops (5) (5) c (r) Custom ads P P P P and crafts C products mfg (�) Computers, P P office machines (3) (3) and equipment Mfg Manufacturing P P P P P P and assembly of (3) (3) C electr Cal (�) equipment, appliances, lighting,radio, TV communications equipment, and components Fabncated P P P P P P metal products C Mfg.',Custom (�) sheet metal Mfg containers, hand tools, heating equipment, screw products, extrusion, coating,and plating Manufacturing P P P P P P and assembly of (3) (3) Z Z Z Z elect Chic and 5) 5) 5) 5) electrical C devices,and () automotive, aerospace, missile, airframe,and similarproducts A A A A A A A A A A A A A A Hazardous O) (7) (e) (e) (e) (e) (7) (7) (7) (7) (r (r (r (r substance land 2) 2) 2) 4) C uses fi 5) Offices A A A A A A A A P P P P P P inadeUal and necessary to the conduct of a pnnapally 17 Ordinance Amending KCC 15.02, 15.04 and 15.08 24 Zoning Districts ey P-Principally Permitted Uses S=Special Uses C-Conditional Uses A-Accessory Uses O F F () K K K K K 2 0 0 0 U F F U U U U 2 Z U 0 0 2 2 2 U U U' permitted use P P P P P P P Warehousing S (1 (1 " " (r S and distribution 2) 6) 6) 6) 6) 6) 4) C C facilities (6 (�) 1) C C C P P Rail-true transfer uses e) ]) ]) e) 1) c (D Outdoor storage P P 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 se If storage gr Manufacturing C P of soaps 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 similar structural wood products Manufacturing C P of nonmetallic c mineral (�) products such as abrasives, asbestos,chalk, pumice,and putty Manufacturing C P of heat resisting c or structural (r) 18 Ordinance Amending KCC 15.02, 15.04 and 15.08 25 Zoning Districts ey P=Pnnapally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses O F F 2 Z U 0 0 2 2 2 U U U' day products (brick,tile,or pipe)or porcelain products Manufacturing C v of machinery C and heavy (�) machine tool equipment for general industry and mining, agricultural, cc nstruction,or service ndusores Manufacturing, v v v v processing, Z Z Z C assembling,and o) o) o) (1) packaging of O O O articles, Z Z Z products,or e) e) e) merchandise made from previously prepared natural or synthetic materials Manufacturing, v v v v processing, Z Z (2) (2) treating, o) o) Z 6) assembling,and M M ry (1) 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, 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 and Z j�° L, L, L, (9) (9) (1 (1 (1 (1 (1 (9) (9) (9) (6) (6) (6) (6) tL�1 ]) 21 L 6) 6) 6) 6) 6) Bs customarily appurtenant to a permitted use Impound lots C C 19 Ordinance Amending KCC 15.02, 15.04 and 15.08 26 Zoning Districts ey P=Pnnapally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses O F F U' £ 2 0 U F F U U 2 Z U . . SECTIONS. - Amendment. Section 1504.050 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: i. 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. ii. Hydraulic cement, concrete, gypsum, lime, carbon, carbon black, graphite, coke, glass, and similar products. b. Manufacture of products such as the following: 20 Ordinance Amending KCC 15.02, 15.04 and 15.08 27 i. Ammunition, explosives, fireworks, matches, photographic film, missile propellants, and similar combustibles. ii. Rubber from natural, synthetic, or reclaimed materials. iii. 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: i,. Asphalt batching plants. ii. Concrete mixing and batching plants, including ready- mix concrete facilities. iii. Rock crushing plants and aggregate dryers. iv. Sandblasting plants. f. Animal and food processing, including the following and similar operations: 21 Ordinance Amending KCC 15.02, 15.04 and 15.08 28 i. Tanning, dressing, and finishing of hides, skins, and furs. ii. Meat and seafood products, curing, canning, rendering, and slaughtering. iii. Nitrating of cotton and other materials. iv. Rendering of animal grease or tallow, fish oil, and similar materials. V. Slaughtering, , stockyard, feedlot, dairy, and similar operations. vi. Pickling and brine curing processes. vii. Wholesale produce markets. g. Salvage,, wrecking,< and disposal activities, including the following,'and similar operations: i. Automobile and building wrecking and salvage. ii. Salvage of industrial waste materials such as metal, paper, glass, rags, and similar materials. iii. Sewage disposal and treatment plants. 22 Ordinance Amending KCC 15.02, 15.04 and 15.08 29 iv. 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: i. Bulk storage of oil, gas, petroleum, butane, propane, liquid petroleum gas, and similar products, and bulk stations and plants. ii. Used building materials, ,mover's equipment, relocated buildings, impounded vehicles, and similar materials. iii. Explosives or fireworks,,except where incidental to a principally permitted use. iv. Fertilizer or manure. 2. [Reserved], 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 10,000 square feet of area. The 10,000-square foot total shall include all indoor and outdoor storage areas associated with the manufacturing operation. Only one 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. 23 Ordinance Amending KCC 15.02, 15.04 and 15.08 30 5. Contractor shops where most of the work is done 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 include sales of product accessory to and directly related to the manufacturing or warehousing use on'the site. 7. 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 Chapter 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 perm it requirements of Chapter 11.02 KCC and which do not accumulate more than 5,000 pounds of hazardous substances or wastes or any combination thereof at any one time on the site, subject to the provisions of KCC 15.08.050, except offsite 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. 24 Ordinance Amending KCC 15.02, 15.04 and 15.08 31 11. Including transportation and transit terminals with repair and storage facilities, and rail-truck stioF�stransfer uses, 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 Chapter 11.02 KCC, subject to the provisions of KCC 15.08.050. Offsite 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 Chapter 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: 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. 25 Ordinance Amending KCC 15.02, 15.04 and 15.08 32 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 stiensuses. 18. Warehousing and distribution facilities and the storage of goods or products, including rail-truck transfer `aeHit esuses. 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. For purposes of this title, "miniwarehouses" means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access :to the„space for the purpose of storing and removing personal property on a self-service basis, but does not include a garage or other storage area in a private residence. No occupant may use a miniwareho�use for residential purposes. a, - Frontage use. The first 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, or for the office or onsite manager's unit, signage, parking, and access. A maximum of 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 75 feet in width. No storage units or structures shall be permitted within this 150 feet of commercial frontage depth. 26 Ordinance Amending KCC 15.02, 15.04 and 15.08 33 b. Lot size. Minimum lot size is one acre; maximum lot size is four acres. C. Site coverage. Site coverage shall be in accordance with the underlying zoning district requirements. d. Setbacks. Setbacks shall be as follows:...; i. Front yard: 20 feet. ii. Side yard: 10 feet. iii. Rear yard: 10 feet. e. Height limitation. The height limitation is one story. f. Outdoor storage. No outdoor storage is permitted. g. Signs. The sign requirements of Chapter 15.06 KCC shall apply. h. Off-street parking. i. The off-street parking requirements of Chapter 15.05 KCC shall apply. ii. Off-street parking may be located in required yards, except in areas required to be landscaped. 27 Ordinance Amending KCC 15.02, 15.04 and 15.08 34 i. Development plan review. Development plan approval is required as provided in KCC 15.09.010. j. Landscaping. Landscaping requirements are as follows: i. Front yard: 20 feet, type III (earth berms). ii. Side yard: 10 feet, type II abutting commercial uses or districts; type I abutting residential uses or districts. iii. Rear yard: 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 economic and community development 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: i. 15-foot drive aisle and 10-foot parking aisle. ii. Parking for manager's quarters and visitor parking. 28 Ordinance Amending KCC 15.02, 15.04 and 15.08 35 M. Building lengths. The horizontal dimension of any structure facing the perimeter of the site shall be offset at intervals not to exceed 100 feet. The offset shall be no less than 20 feet in the horizontal dimension, with a minimum depth of five 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 incompatible 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: , i. Auctions (other than tenant lien sales), commercial, wholesale or retail sales, orgarage sales. ii. The servicing, repair, or fabrication of motor vehicles, boats; trailers, lawn'mowersi,appliances, or other similar equipment. iii. The ' operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment. iv. The establishment of a transfer and storage business. V. Any use that is noxious or offensive because of odor, dust, noise, fumes, or vibration. 29 Ordinance Amending KCC 15.02, 15.04 and 15.08 36 vi. 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, smelteFftsmeltina, refining, and forming). 21. The ground level or street level - portion of all buildings in the pedestrian overlay of the DC district set "forth in the map below, {as must be retail- -or pedestrian-oriented. Pedestrian-oriented development shall have the main ground floor entry located adjacent to a public street and be Irhysically 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; 30 Ordinance Amending KCC 15.02, 15.04 and 15.08 37 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 economic and community development 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. __�__r Gpt 9 41 n4 � o .v y M4 0 CM y met Yi ,N111i1n k 4 V 4 o- vfll/ e y n a N Iuwbmmlfy ryluyowwwWnAo 31 Ordinance Amending KCC 15.02, 15.04 and 15.08 38 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, rendering, 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. 29. Limited to 25 ,percent of gross floor area. Reference KCC 15.04.080(5),,r 30. Retail or services uses which exceed the 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 32 Ordinance Amending KCC 15.02, 15.04 and 15.08 39 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 100 square feet in area per business, and of that amount, freestanding signs shall not exceed 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 including accessory uses or structures ; customarily____appurtenant to agricultural uses are subject to the �rrovisions of KCC 15.0£i.160. SECTION 9. - Amendment. Section 15.04.060 of the Kent City Code is hereby amended as follows: 33 Ordinance Amending KCC 15.02, 15.04 and 15.08 40 Sec. 15.04.060. Transportation, public, and utilities land uses. Zoning Districts 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 M M U U U U 2 Z U 0 0 M M M U U U' Commercial c c c c c parting IOG or structures Transportation 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 and transit fr (r (r ry (r (r (r (r ry (r (r (r (r (r (r (r ry (r ry (r ry (r (r (r ry (r (n) (3) facilities, including high (2 ) rapacity transit facilities 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 transportation facilities. Electrical substations, pumping or regulating devices for the transmission of water,gas, steam, petroleum,etc. Public facilities 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 Firehouses, police stations, libraries,and administrative offices of governmental agencies, primaryand secondary schools, vocational schoo Is,and colleges 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 and keRi4rtec. L L L L L struIXuree 9) z z S) z customarily appurtenant to a permitted use Wueless v v v v v v v v v v v v v v v v telecommunicat (2) (2) (2) (2) (2) (2) (r) (r) (r) (r) (r) (r) (r) (r) (r) (r) ions facility (3) (3) (3) (3) (3) (3) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (V F)by administrative approval Wireless 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 (5) (5) (3) (3) (3) (3) (3) (3) (3) (D (5) (5) (5) (3) (E (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) 34 Ordinance Amending KCC 15.02, 15.04 and 15.08 41 Zoning Districts Key P=Pnnapally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses O F F U' £ Z 2 Z U 0 0 2 2 2 U U U' M 2 2 telecommunicat (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) Ions facility (WTF)by conditional use permit 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 EV charging (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) ( station 9 Rapid 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 station (1 (1 (1 (1 (1 (1 (1 (1 (1 (1 (1 (1 (1 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. 15.04X65. Transportation, public, and utilities land use development conditions. 1. For WTF towers 90 feet or less for a single user and up to 120 feet for two 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. 4. A conditional use permit for a WTF is required if it is greater than 90 feet for a single user or 120 feet for two or more users. 35 Ordinance Amending KCC 15.02, 15.04 and 15.08 42 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 stienstransfer uses, except classification yards in the category of"hump yards." 7. [Reserved]. 8. If on property owned, leased or otherwise controlled by the city or other government entity subject to KCC 15.08.035(I). 9. Level 1 and 2 charging only. 10. Only 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. 13. Accessory structures composed of at least two walls and a roof not including accessory uses or structures customarily- appurtenant to aoricultural uses, are subject to the provisions of KCC 15.08.160. 36 Ordinance Amending KCC 15.02, 15.04 and 15.08 43 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 Districts Key P=Principally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses s rc rc rc rc rc rc rc rc rc rc rc i u U U u u U 2 Z U 0 0 Bakeries and v v v v v v confectioneries VVholesale v v bakery Bulk retail v v v v v v v (Pb) (26) (i) (i) Recycling centers C P Retail sales of v v v v In her,tools, and other building materials, including preassembled products Hardware,paint, v v v v v v v v v tile,and waI l pa per(retai l) Farts equipment v v General v v v v v v v v merchandise Dry (��) goods,variety, and department stores(retail) Food and v v v v v v v v v s v s convenience (rr) (r2) (12) stores(retail) Automobile, v v v aircraft, motorcycle,boat, and recreational vehicles sales (retail) Automotive, v v v v v v v v v aircraft, (re) (re) (s) motorcycle,and (ry) marine 37 Ordinance Amending KCC 15.02, 15.04 and 15.08 44 Zoning Districts Key P=Pnnapally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses O F F M Z U 0 0 2 2 M U U U' accessories (retail) Gasoline service s s s s s s s s s stations (6) (6) (6) (6) (6) (6) (6) (6) (6) Apparel and v v v v v v v v A accessories (rr) (0) (retail) Furniture,home v v v v v v v v v furnishing(retail) (r 1) Eating and v v v v v v v v v v v v v drinking (r t) (5) establishments (no drive- through) Eating and s c v s v drinking (6) p) (6) (20) establishments (20) (20) (20) (with drive- through Eating facilities v v v A A A A for employees Planned development retail sales Drive- c v v v v v v through/dnve-up (22) (20) (20) (24) (24) (20) (20) businesses (commercial/retail —otherthan eating/dunking establishments) Miscellaneous v v v v v v v v v A retail Drugs (11) (e) antiques,books, sporting goods, jewelry,tionst, photo supplies, video rental, computer supplies,etc Liquorstore v v (1D v v v v v v v v Farm supplies, v v v hay,grain feed, fencing,etc. (retail) Nurseries, v v v v greenhouses, gaNen supplies, tools,etc Pet shops(retail v v v v and grooming) 38 Ordinance Amending KCC 15.02, 15.04 and 15.08 45 Zoning Districts Key P=Pnncipally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses O F F M Z U 0 0 2 2 M U U U' Computers and v v v v v v electronics(retail) Hotelsand v v v v v v v v motels (11) (25) Complexes which v v include combinations of uses,including a mi off re 0f0xce, light manufacturing, storage,and commercial uses Outdoor storage p p A A A A p (Including truck (19) (19) (19) (19) (19) (19) (19) heavy equipment, and contractor storage yards as allowed by development standards,KCC 15 04.190 and 15 04 195 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 and kRWdanxi (9) f_j] (_j) f_j] f_j] (16) (16) (17) (17) (17) (17) (17) (16) (16) (16) structures customarily appurtenant to a permitted use agriculturally c related retail (21) Battery exchange s s A A A A A s s s s s s A station (2e) (2e) (2e) (2e) (23) (2e) (2e) (23) (2e) (23) (23) (26) (26) (26) 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 conditions. 39 Ordinance Amending KCC 15.02, 15.04 and 15.08 46 1. Bulk retail uses which provide goods for regional retail and wholesale markets; provided, that each use occupy no less than 43,560 square feet of gross floor area. 2. [Reserved]. 3. [Reserved]. 4. [Reserved]. 5. Uses shall be limited to 25 percent of the,gross floor area of any single- or multi-building development. Retail and service uses which exceed the 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. For example, in the case of a business,,park'with several buildings, 25 percent of the buildings' combined floor area,may be'devoted to these retail and services uses. For single building parcels, .25 percent of the floor area of the single building may be devoted to these retail and services uses. 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 stories. 40 Ordinance Amending KCC 15.02, 15.04 and 15.08 47 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. 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 floot 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; 41 Ordinance Amending KCC 15.02, 15.04 and 15.08 48 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 plan ni n�—economic and community development 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. Qioun d Hoor Rela 11 uvi r"Airy^i ----------------- , .. Lii . 43 �Y ii ftme ix{I �xmxay W' rraua rat3l Vann FYrluigPhii x.c i;� �'rywmexl 42 Ordinance Amending KCC 15.02, 15.04 and 15.08 49 Gowe ...... .... CM M 'Q"S 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 15M.020. 13. Retail sales are limited to tires, batteries, and accessories for industrial vehicle and equipment, except in the Ml-C zoning district where retail sales of tires, batteries, and accessories are allowed for industrial or personal vehicles and equipment. 14. [Reserved]. 15. [Reserved]. 43 Ordinance Amending KCC 15.02, 15.04 and 15.08 50 16. Includes incidental storage facilities and loading/unloading areas. 17. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. 18. [Reserved]. 19. Reference KCC 15.07.040(B), 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 picedueesoroducts, at least 25 percent"of the gross sales value of which are grown within Washington State. Up to 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 facility shall be accessory to the principal use to which it is attached. 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 subsection (13)(3) shall not apply. 24. Drive-through/drive-up businesses are permitted only under the following conditions: 44 Ordinance Amending KCC 15.02, 15.04 and 15.08 51 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 acre in size. 27. Accessory structures composed of at least two walls and a roof not including accessory uses or structures custotarilyappurtenant to agricultural uses, are sub iect 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: 45 Ordinance Amending KCC 15.02, 15.04 and 15.08 52 Sec. 15.04.090 Service land uses. Zoning Districts Key P=Pnnapally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses O F F 2 Z U 0 0 2 2 2 U U U' 2 2 Finance, v v v v v v v v v v v v insurance real (22) ��� (2) estate services (12) Personal v v v v v v v v v v v v services: (22) (12) (10) (10) (2) Laundry,dry (10) cleaning, barber salons, shoe repair, launderettes Mortuanes (Pi2) v v v Home day- v P P v v v v v v v v v P P P v v v v v v v v v v v v v Care Daycare c c c c c c c v v v v v v v v v v v v v v v v v v v v v center Business v v v v v v v v v v services (12) (2) duplicating and blue printing,travel agencies,and employment agencies Building v v v v v v v maintenance (2) and pest control Outdoor p p A A A A p storage c (including (9) truck heavy equipment, and contractor storage yards as allowed by development standards, KCC 15 04.190 and 15 04 195) Re Hal and v v v v v v v leasing (2) seN Ces for Cars,truck, trailers, furniture,and tools Auto repair c v v v v v v and washing (21) services (23) (including 46 Ordinance Amending KCC 15.02, 15.04 and 15.08 53 Zoning Districts Key P=Pnncipally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses O F F 2 Z U 0 0 2 2 2 U U U' 2 2 2 body Work) Repair v v v v v v v v v services (12) (2) Watch,TV, ett ical, electronic, upholstery Professional v v v v v v v v v v v services: (20) (2) Medical, tinics,and other health care-related services Heavy v v v c v equipment and (9) truck repair Contract v v v v v v v v construction (16) (16) (n) (n) (2) service offices (rr) Building cc nstruction, plumbing, paving and landscaping Educational v v v v v v v v v services (2) Vocational, trade,an, music, dancing, barber and beauty Churches s s s s s s s s s s s s s s s s s s s s s s s (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) Administrative v v v v v v c v v v v v and (12) (2) professional off Res— general Municipal uses v v v v v v v v v v v v and buildings (r e) (pie) (re) (r e) (re) (re) (re) (re) (re) (r e) f1 (i a) Research, v c v v v v v v v development, (2) (14) and testing 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 uses and (]) � � ( ( (r e) (re) (19) (r9) (r9) (1 9) (1 9) (re) (re) (r e) 13N� st u ours, customanly appurtenant to a permitted use 47 Ordinance Amending KCC 15.02, 15.04 and 15.08 54 Zoning Districts Key P=Pnnapally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses O F F 2 Z U 0 0 2 2 2 U U U' 2 2 2 Boarding c c c kennels and breeding establishments Veterinary c v v v v v clinics and (8) (8) (8) (8) (8) veterinary hospitals Administrative v v v v v or executive offices which are part of predominant industrial operation Offices A A A A A inad ental and necessary to the conduct of a principally permitted use 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 25 percent of the gross floor area of any single- or multi-building development. Retail and service uses which exceed the 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 48 Ordinance Amending KCC 15.02, 15.04 and 15.08 55 characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis. 3. [Reserved]. 4. Special uses must conform to the development standards listed in KCC 15.08.020. 5. [Reserved]. 6. [Reserved]. 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 150 feet to any residential use,,provided 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. [Reserved]. 49 Ordinance Amending KCC 15.02, 15.04 and 15.08 56 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 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 50 Ordinance Amending KCC 15.02, 15.04 and 15.08 57 g. Any other use that is determined by the economic and community development 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. �Sn��uu�ad �"B�r�yi I�u r,uildti�uvu��r �wuc:aa IF •. iLLn',pry ST am--,.mm�sax 'far"" far u Y p�*'%.** � .......... L L 04 �� i'Elfli SE:. muExawr �4E¢�,i rre9 V'h ulEMfl,nilRScetin ,tl�iw: rr�mirr,M� 51 Ordinance Amending KCC 15.02, 15.04 and 15.08 58 Gowe ...... .... CM M 'Q"s 13. Except for such uses and buildings subject to KCC 15.04.150. 14. Conducted in conjunction with a principally permitted use. 15. [keserved]. 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. 52 Ordinance Amending KCC 15.02, 15.04 and 15.08 59 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. Gasoline service stations that also offer auto repair and washing services are not ,permitted in the M3, general industrial zoning district. 22. Any associated drive-up/drive=through facility shall be accessory and shall require a conditional use permit. 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 must apply: i. The site is not currently served by a rail spur; and 53 Ordinance Amending KCC 15.02, 15.04 and 15.08 60 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 14 feet, which would generally impede full access to freight containers; and iv. Existing site structures have a clear height from finished floor to interior roof trusses of less than'20 feet; and, V. Maximum building area per parcel is not greater than 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 40,000 square feet. 24. Accessorstructures 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: 54 Ordinance Amending KCC 15.02, 15.04 and 15.08 61 Sec. 15.04.110. Cultural, entertainment, and recreation land uses. Zoning Distncts Key P=Pnnapally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses xa s rc rc rc rc rc rc rc rc rc rc rc u uol� U Q Q N N N N N 2 Z 0 0 0 Performing and cultural P P P P P P P P arts uses,such as art (6) galleries/studios Historic and monument P P sites Public assembly(indoor) P P c c P P P P P Sports facilities,arenas, (2) (2) (2) auditoriums and 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 tracks,ddveln 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 Cemeteries,parks (6) (6) (9) (9) (9) (7) (7) playgrounds,golf 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 lodges,etc (5) (5) (5) c c c Recreational vehicle c 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 sln¢lum u u u u u customarily appurtenant to a permitted use Recreational buildings in A MHP 55 Ordinance Amending KCC 15.02, 15.04 and 15.08 62 SECTION 16. - Amendment. Section 15.04.120 of the Kent City Code is hereby amended as follows: Sec. 15.04.120. Cultural, entertainment, and recreation land use development conditions. 1. [Reserved]. 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 set; forth in the map below, fas must be retail or pedestrian-oriented. Pedestrian-oriented development shall have the main ground floor entry located adjacent to a'p;ublic"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; 56 Ordinance Amending KCC 15.02, 15.04 and 15.08 63 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, bythe plannin�—economic and community development 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. 57 Ordinance Amending KCC 15.02, 15.04 and 15.08 64 Gowe ...... .... CM M 'Q"S 4. [Reserved]., 5. Busin6ss,'civic, social, and fraternal associations and service offices are principally permitted uses. 6. Principally permitted uses are limited to parks and playgrounds. 7. Principally permitted uses are limited to golf driving ranges. 8. [Reserved]. 9. Conditionally permitted uses are limited to parks and playgrounds. 58 Ordinance Amending KCC 15.02, 15.04 and 15.08 65 10. Accessory structures composed of at least two walls and a roof, not includinrp accessory uses or structures customarily- appurtenant to agricultural uses, are sub iect 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 U U C ` N U 0 0 U F F U g g U N M Q Q M M M M M F F F F F F Y 2 0 0 0 Y Y Y U U U' Y Y Y Y Agricultral uses such as P P P planting and harvesting of 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 Storage, processing, and 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 brrikFmcty 'L�cM1 rice (1) 1.911.911911.91 customarily appurtenant to �' a permitted use Roadside stands A) A) A 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. 59 Ordinance Amending KCC 15.02, 15.04 and 15.08 66 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 400 square feet in floor area exclusively for agricultural products grown on the premises. 3. Roadside stands not exceeding 400 square feet in floor area, and not over 20 lineal feet on any side, primarily for sale of agricultural products on the premises. 4. Accessory structures composed of at feast two walls and a roof not including accessory uses or ,structures customarily a� urtenant to agricultural uses are subject to the {provisions of KCC.1'5.08.160. 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 "�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 regulations shall a plly.. 60 Ordinance Amending KCC 15.02, 15.04 and 15.08 67 c—iarerrtcd a ,.r�' c�cct—aer se�. .. the There shall be not more than one guest cottage or accessory dwelling unit_on any one lot; . The guest cottage or A[7U 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 13 a nirouirfir;a aa�iroa irr�u,a rirod a;y irttoirttoasirntllr ,tla� as ll,y ,ll, irttoa,iri,l director. tve€�et#�critr�rE#rete9tr t t ice-- Accessory dwelling units are alssa subject to the 'provisions of KCC 15.08.350. C. The combined footprint of all agcessory buildings on a lot shall not exceed 15 percent afthe lot:area. D. Accessory buildings shall not exceed 23 feet in heie E. Accessory buildings shall not exceed the height of the principal building. F. Accessory buildings that are 12 feet in height or higher must be visually compatible with the principal building by meeting all of the following: 61 Ordinance Amending KCC 15.02, 15.04 and 15.08 68 1. The exterior finish material must be the same or visually match the exterior finish material of the principal buildincl, in type, size and placement; 2. The trim on the accessory building must be the same or visually match the trim used on the principal building, in type, size and placement aird 3. The roof pitch of the accessory:building must be substantially the same as the roof pitch of the principal building SECTION 20. - Amendment. Section A5.08.350 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. The 1993 Washington Housing Policy Act requires cities with populations in excess of 20 000 to implement regulations that encourage the developrnent of accessory apartments in areas zoned for single-family residential use: . 2. To increase the supply of affordable rental units through better use of the existing housing stock, and to provide variety in affordable rental units. tc;—vvorer(v u:vc t"crc—a;e few, . eW 62 Ordinance Amending KCC 15.02, 15.04 and 15.08 69 r.. as th, . nuaa.scrru ru,3� :re—c.rro rc—ai 3. To make homeownership more affordable because it will be easier to buy both new and existing homes with the help of an accessory To provide more options for different household types single people older people" people with disabilities, and: others}, e y te—r e C r 4. TV—PPPU RG Tt 3I L ell FneeC PP Y s V w t9 4brU C-l:P rGrrr VY 5�. To make better use of existing public investment in streets, transit, water, sewer, and other utilities. 63 Ordinance Amending KCC 15.02, 15.04 and 15.08 70 B. Standards and criteria. 1. One ADU per detached single-family dwelling unit is allowed- within all residential zones, -- iy. There shall be not more than one quest cottage or ADU on any one lot. 2. An ADU may be established +R-within or as an addition to a new or existing single-family dwelling by eFeating the unit within e or as a detached unit from the principal dwelling. All ADUs not established within or as an"addition to the principal dwelling shall be deemed "detached," regardless of whether they are attached to any accessory structure or building on the lot. betached ADUs are subject to the provisions of KCC 15.08.160. 3. The ADU, as well as the -principal dwelling unit, must meet all applicable setbacks, lot coverage, and building height requirements. 4. The design and size of an ADU shall conform to the re u ire_ments 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, as subsequently amended or recodified. 64 Ordinance Amending KCC 15.02, 15.04 and 15.08 71 5. One-(I} of the dwelling units shall be ownerowner-occupied as the owner'fs� principal residence for at least six months aevery calendar year. No permit for an ADU will be issued until the owner files a covenant evidencing this use limitation against the property°, tThis covenant must be recorded in the r ds King County Recorder's Office, at the owner's expense, and shall be in a form acceptable to the city attorney. 6. If batAMither the ADU or the principal unit ceases to be ewraeF eeeupledowner occupied for mores-thanat feast six months in any ven calendar year, the 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-familystFaeturedwelling shall be limited by the existing StFaeturzs dwelling's applicable zoning requirements. An ADU incorporated +R-into the construction of a-new single;-family 4ease dwelling shall be limited to #er-ty f40} percent of the principals dwelling unit. S. The size of a detached ADU, for either new construction or an existing" home, shall be, up to' 800� square feet or thiFty- thFee f33} percent of the size of the principal unit, whichever is smaller. If the detached ADU Js built within above 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 21st, 1995, shall not be denied an accessory housing permit solely because it is larger than the maximum size stated in t e 65 Ordinance Amending KCC 15.02, 15.04 and 15.08 72 these criteria. Any legally constructed accessory building, existing prior to November 21st, 1995, may be converted to an accessory dwelling unit provided the structure does not exceed €if tJ50} percent of the size of the principal unit. 109. 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 economic and camrnunitdevelopment department shall determine the application requirements for an ADU permit. 12€3. ADUs existing prior to the adoption ' ofz e�� ttetrA-rg his 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. Gud --pProperty owners subject to this subsection have it-one O-)--year #efied-from the effective date of this toe ordinance to apply for an ADU permit, after which time seel= all affected property owners call-may be subject to fines and penalties established in this title. 131. Ad ent Immediately adjacent neighbors of an ADU applicant shall be notified by first-class mail of the pending ADU permit application by the economic and community development department within 15 business days of the city's acceptance of a fully complete ADU permit application. This notification is informational only. The decision by the plannin and community development director to 66 Ordinance Amending KCC 15.02, 15.04 and 15.08 73 grant an ADU permit is non appealable 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 in force 30 days from and after its passage, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK 67 Ordinance Amending KCC 15.02, 15.04 and 15.08 74 APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of ,2015. APPROVED: day of , 2015.. PUBLISHED: day of 2015. 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 P'.AClvllAOrdinenceAAmend 15 oz 15 04 and 15 08 GAG RNp L(1416-18)dC x 68 Ordinance Amending KCC 15.02, 15.04 and 15.08 Planning ServiceP Location: 400 W. Gowe a Mail to: 220 4th Avenue South , Kent WA 98032-5895 Permit Center(253-856-5302 FAX: (253) 856-6412 www.ci.kent.wa.uslperm itcenter Environmental Checklist WASHINGTON Application Form Public Notice Board and Application Fee...See Fee Schedule TO BE COMPLETED BY STAFF: APPLICATION #: ZCA-2015-3 6A � KIVA#: RPP6-2151321 /inf -zr�3� y RECEIVED BY: Q.l l DATE: 8/7115 PROCESSING FEE: 0 A. STAFF REVIEW DETERMINED THAT PROJECT: Meets the categorically exempt criteria. X Has no probable significant adverse environmental impact(s) and application should be processed without further consideration of environmental effects. Has probable, significant impact(s) that can be mitigated through conditions. EIS not necessary. Has probable, significant adverse environmental impact(s). An Environmental Impact Statement will be prepared. An Environmental Impact Statement for this project has already been repared. charm 9 o I(® l 57 Signature of Responsible Official P�SeK Date B. COMMENTS: C TYPE OF PERMIT OR ACTION REQUESTED: Zoning code amendment D. ZONING DISTRICT: City-wide 76 City of Kent Planning Services Environmental Checklist— Page 2 TO BE COMPLETED BY APPLICANT: A. BACKGROUND INFORMATION: 1. Name of Project: Zoning Code Amendment ZCA-2015-3 Accessory Dwelling Units 2. Name of Applicant: City of Kent Mailing Address: 220 4th Ave S Kent WA 98032 Contact Person: Hayley Bonsteel Telephone: 253-856-5441 (Note that all correspondence will be mailed to the applicant listed above.) 3. Applicant is (owner, agent, other): 4. Name of Legal Owner: n/a Telephone: Mailing Address: 5. Location. Give general location of proposed project (street address, nearest intersection of streets and section township and range). City-wide; all zoning districts II' 6. Legal description and tax identification number a. Legal description (if lengthy attach as separate sheet): n/a b. Tax identification number: n/a 7. Existing conditions: Give a general description of the property and existing improvements, size, li topography, vegetation, soil, drainage, natural features, etc. (if necessary, attach a separate sheet). n/a I 8. Site Area:—n/a Site Dimensions: n/a 77 City of Kent Planning Services Environmental Checklist— Page 3 9. Project description: Give a brief, complete description of the intended use of the property or project including all proposed uses, days and hours of operation and the size of the project and site. (Attach site plans as described in the instructions): See attached proposed draft ordinance. 10. Schedule: Describe the timing or schedule(include phasing and construction dates, if possible). Present proposed ordinance to the Land Use and Planning Board (LUPB) at a workshop in August and a public hearing in September 2015. Present LUPB recommendation to Economic and Community Development Committee in October 2015, with City Council adoption anticipated to take place in October or November, 2015. 11. Future Plans: Do you have any plans for future additions, expansion or further activity related to or connected with this proposal? If yes, explain. Future work plans could create an incentive program for homeowners wishing to build ADUsor address impact fees, parking, or other disincentives to building ADUS. 12. Permits/Approvals: List all permits or approvals for this project from local, state,federal, or other agencies for which you have applied or will apply as required for your proposal. DATE AGENCY PERMIT TYPE SUBMITTED* NUMBER STATUS" Zoning Code City of Kent Amendment "Leave blank if not submitted "Approved, denied or pending 13. Environmental Information: List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. n/a 14. Do you know whether applications are pending for governmental approvals of other proposals 78 City of Kent Planning Services Environmental Checklist— Page 4 directly affecting the property covered by your proposal? If yes, explain. n/a I i i 79 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 5 AGENCY USE ONLY B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other: n/a b. What is the steepest slope on the site (approximate percent slope)? n/a c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. n/a d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. n/a e. Describe the purpose, type and approximate quantities of any filling or grading proposed. Indicate source of fill, n/a f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. n/a g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? n/a In. Proposed measures to reduce or control erosion, or other impacts to the earth, if any. 80 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 6 AGENCY USE ONLY n/a 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke)during construction and when the project is completed? If any, generally describe and give approximate quantities if known. n/a b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. i n/a c. Proposed measures to reduce or control emissions or other impacts to air, if any. n/a 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, salt water, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. n/a 2) Will the project require any work over, in or adjacent to(within 200 feet) the described waters? If yes, please describe and attach available plans. n/a 81 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 7 AGENCY USE ONLY 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. n/a 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities, if known. n/a 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Portions of the city lie within the 100-year floodplain. 6) Does the proposal involve any discharges of waste materials to of wast e and anticipated � the e p surface waters? If so, describe h type volume of discharge. n/a b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known. n/a 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. n/a c. Water Runoff(including storm water): 82 City of Kent Planning Services EVALUATION FOR Environmental Checklist—Page 8 AGENCY USE ONLY 1) Describe the source of runoff(including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. n/a 2) Could waste materials enter ground or surface waters? If so, generally describe. n/a d. Proposed measures to reduce or control surface,ground,and runoff water impacts, if any: n/a 4. Plants n/a I a. Check or circle types of vegetation found on the site: Deciduous tree: alder, maple aspen, other Evergreen tree: fir, cedar, pine, other Shrubs Grass Pasture Crop or grain Wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other Water plants: water lily, eelgrass, milfoil, other Other types of vegetation b. What kind and amount of vegetation will be removed or altered? 83 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 9 AGENCY USE ONLY n/a c. List threatened or endangered species known to be on or near the site. n/a d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: n/a 6. Animals nla a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other: Mammals: deer, bear, elk, beaver, other: Fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or endangered species known to be on or near the site. n/a c. Is the site part of a migration route? If so, explain. n/a d. Proposed measures to preserve or enhance wildlife, if any: n/a 6. Energy and Natural Resources 84 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 10 AGENCY USE ONLY a. What kinds of energy (electric, natural gas, oil,wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. n/a b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. n/a c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: n/a 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste,that could occur as a result of this proposal? If so, describe. n/a 1) Describe special emergency services that might be required. n/a 2) Proposed measures to reduce or control environmental health hazards, if any: n/a b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment operation, other)? n/a 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: 85 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 11 AGENCY USE ONLY traffic, construction, operation, other)? Indicate what hours noise would come from the site. n/a 3) Proposed measures to reduce or control noise impacts, if any: n/a 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? n/a b. Has the site been used for agriculture? If so, describe. n/a c. Describe any structures on the site, n/a d. Will any structures be demolished? If so, what? n/a e. What is the current zoning classification of the site? City-wide; all zones f. What is the current comprehensive plan designation of the site? City-wide; all comprehensive plan designations master program designation of g. If applicable,what is the current shorelinep g 9 the site? Some zones located in shoreline jurisdictions h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Sensitive areas (such as wetlands, streams, steep slopes) are located city-wide in various zones i. Approximately how many people would reside or work in the completed project? 86 City of Kent Planning Services EVALUATION FOR Environmental Checklist- Page 12 AGENCY USE ONLY n/a j. Approximately how many people would the completed project displace? n/a k. Proposed measures to avoid or reduce displacement impacts, if any: n/a I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. n/a 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low income housing. n/a b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low income housing. n/a c. Proposed measures to reduce or control housing impacts, if any. n/a 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? n/a b. What views in the immediate vicinity would be altered or obstructed? n/a c. Proposed measures to reduce or control aesthetic impacts, if any. n/a 87 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 13 AGENCY USE ONLY 11. Light and Glare a. What type of light or glare will the proposals produce? What time of day would it mainly occur? n/a b. Could light or glare from the finished project be a safety hazard or interfere with views? n/a c. What existing off-site sources of light or glare may affect your proposal? n/a d. Proposed measures to reduce or control light and glare impacts, if any. n/a 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? n/a b. Would the proposed project displace any existing recreational uses? If j so, describe. n/a c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. n/a I 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state or local preservation registers known to be on or next to the site? If so, generally describe. n/a 88 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 14 AGENCY USE ONLY b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. n/a c. Proposed measures to reduce or control impacts, if any. n/a 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. n/a b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? n/a i c. How many parking spaces would the completed project have? How many would the project eliminate? n/a d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). n/a e. Will the project use (or occur in the immediate vicinity of)water, rail, or air transportation? If so, generally describe. n/a 89 City of Kent Planning Services EVALUATION FOR Environmental Checklist—Page 15 AGENCY USE ONLY f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. n/a I g. Proposed measures to reduce or control transportation impacts, if any. n/a 15. Public Services a. Would the project result in an increased need for public services (for example:fire protection, police protection, health care,schools,other)?If so, generally describe. n/a b. Proposed measures to reduce or control direct impacts on public services, if any. n/a 16. Utilities i a. Circle utilities currently available at the site: electricity, natural gas,water, refuse service, telephone, sanitary sewer, septic system, other. n/a b. Describe the utilities that are proposed for the project, the utilities providing the service and the general construction activities on the site or in the immediate vicinity, which might be needed. i n/a C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date: I 90 City of Kent Planning Services EVALUATION FOR Environmental Checklist — Page 16 AGENCY USE ONLY DO NOT USE THIS SHEET FOR PROJECT ACTIONS D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water;emission to air; production, storage, or release of toxic or hazardous substances; or production of noise? Future development may affect discharge to water, emission to air, production, storage or release of toxic or hazardous substances that would be typical of residential development. The proposal may result in an increase in ADU construction, which would result in small increases to noise production as per any residential development. Proposed measures to avoid or reduce such increases are: Regulations are in place to mitigate impacts. 2. How would the proposal be likely to affect plants, animals,fish, or marine life? Future development may remove vegetation to accommodate accessory structures and associated parking areas. Proposed measures to protect or conserve plants, animals, fish, or marine life? Regulations are in place to protect wetlands and streams and for tree preservation. 3. Howwould the proposal be likely to deplete energy or natural resources? Future development will utilize energy or natural resources at levels typical of residential use. Proposed measures to protect or conserve energy and natural resources are: The City promotes conservation of energy and natural resources. 4. How would the proposal be likely to use or affect environmentally 91 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 17 AGENCY USE ONLY sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The proposal is unlikely to affect sensitive areas. Proposed measures to protect such resources or to avoid or reduce impacts are: Regulations are in place for protection of environmentally sensitive areas from development impacts. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposal promotes the efficient use of land through infill development. Proposed measures to avoid or reduce shoreline and land use impacts are: n/a 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposal may result in an increase in ADU construction,which could result in small increases in demands on transportation, public services and utilities typical of residential use. Proposed measures to reduce or respond to such demand(s) are: n/a 7. Identify, if possible,whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposal is unlikely to conflict with other local, state or federal laws or requirements for the protection of the environment. P:\Planning\ADMIN\FORMS\SEPA\SEPA_CHECKLIST.doc (REVISED 12/08) 92 93 ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 T 220 Fourth Avenue S. WASH IN GTOH Kent, WA 98032-5895 ADDENDUM TO CITY OF KENT COMPREHENSIVE PLAN REVIEW AND MIDWAY SUBAREA PLANNED ACTION ENVIRONMENTAL IMPACT STATEMENT (EIS) (#ENV-2010-3) AND CITY OF KENT DOWNTOWN SUBAREA ACTION PLAN PLANNED ACTION SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT (SEIS) (#ENV-2012-30) ZONING CODE AMENDMENTS — ACCESSORY DWELLING UNITS ("ADU") ZCA-2015-3/ENV-2015-7 / RPP6-2151321/RPSA-2153326 Responsible Official: Charlene Anderson, AICP I. SCOPE The City of Kent Economic & Community Development Department proposes a non-project action that includes amendments to Kent City Code (KCC) Title 15, Zoning. As required by the Growth Management Act, the City adopted an update to the Kent Comprehensive Plan on September 1, 2015. Changes to KCC Title 15 give effect to the Kent Comprehensive Plan by encouraging diverse housing opportunities, vibrant neighborhoods, and attractive places. The zoning code amendments clarify the definitions of ADUs and accessory structures, as well as provide parameters for location, lot coverage and design. The City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS evaluated alternative growth strategies at a programmatic level for the Kent Planning Area (City limits and Potential Annexation Area), The EIS refreshed the environmental review conducted for the i C't ys Comprehensive Plan and analyzed additional growth that would be focused in Downtown, the Midway Subarea, and five potential Activity Centers. The Supplemental EIS for the Downtown Subarea Action Plan Planned Action (Draft issued June, 2013 and Final issued October, 2013) evaluated the growth potential for the expanded Downtown study area as well as a lesser level of growth in the Midway Subarea. II. SEPA COMPLIANCE On February 13, 2010, the City of Kent issued a Determination of Significance (DS) and Notice of Scoping for the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action (ENV-2010-3). The City solicited public comment on the scope of the DEIS during the comment October 22 2010 the City of Kent issued a Draft EIS. The Final period and on Y Addendum 94 Zoning Code Amendments-Accessory Dwelling Units ZCA-2015-3/ENV-2015-7 / RPP6-2151321/RPSA-2153326 EIS was issued and distributed on September 1, 2011. No appeals to the EIS were filed. In 2012, the City of Kent Downtown Subarea Action Plan Planned Action Supplemental Environmental Impact Statement (SEIS) analyzed three alternatives and evaluated several environmental elements associated with the update to the Downtown Subarea Action Plan (DSAP) (ENV-2012-30). The SEIS also evaluated a lower level of growth in the Midway area than was evaluated in the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS. The Draft SEIS was issued in June, 2013 and the Final SEIS was issued in October, 2013. No appeals to the SEIS were filed. No additional impacts are identified for the proposed amendments to Title 15; therefore an addendum to the EIS/SEIS is appropriate. III. STATEMENT OF CONSISTENCY This proposal is a nonproject action pursuant to WAC 197.11. Future project actions associated with ADUs and accessory structures are subject to and shall be consistent with the following: Kent Comprehensive Plan, Kent City Code, Environmental Policy, International Fire Code, International Building Code, the City of Kent Design and Construction Standards, the City of Kent Surface Water Design Manual, Public Works Standards and all other applicable laws and ordinances in effect at the time a complete project permit application is filed. IV. ENVIRONMENTAL REVIEW - SCOPE OF ADDENDUM The City of Kent has followed the process of phased environmental review as it undertakes actions to implement the Comprehensive Plan. The State Environmental Policy Act (SEPA) and rules established for the act, WAC 197- 11, outline procedures for the use of existing environmental documents and preparation of addenda to environmental decisions. Nonproject Documents - An EIS prepared for a comprehensive plan, development regulation, or other broad based policy document is considered "non-project," or programmatic in nature (see WAC 197-11-704). Phased Review - SEPA rules allow environmental review to be phased so that review coincides with meaningful points in the planning and decision making process, (WAC 197-11-060(5)). Future projects identified and associated with implementation of the code amendments related to ADUs and accessory structures may require individual and separate environmental review, pursuant to SEPA. Such review will occur when a specific project is identified. Prior Environmental Documents - The City of Kent issued a Draft Environmental Impact Statement (DEIS) for the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action on October 22, 2010 and a Final EIS on September 1, 2011 (#ENV-2010-3). The Midway Subarea Plan, Page 2 of 4 Addendum 95 Zoning Code Amendments - Accessory Dwelling Units ZCA-2015-3/ENV-2015-7 / RPP6-2151321/RPSA-2153326 Midway Design Guidelines, amendments to development regulations, Land Use Plan and Zoning Districts Maps were adopted by the City Council on December 13, 2011. The City of Kent issued a Draft Downtown Subarea Action Plan Planned Action Supplemental Environmental Impact Statement (SEIS) in June, 2013 and a Final SEIS in October, 2013 (ENV-2012-30). The SEIS evaluated a lower level of growth in the Midway area than was evaluated in the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS. The Kent Comprehensive Plan Update was adopted by the City Council on September 1, 2015 and included an Addendum to the 2011 EIS and 2013 SEIS. The proposed amendments to Kent City Code Title 15 clarify the definitions of ADUs and accessory structures, as well as provide parameters for location, lot coverage and design. These amendments are consistent with the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS and the Downtown Subarea Action Plan Planned Action Supplemental EIS. Scope of Addendum - As outlined in the SEPA rules, the purpose of an addendum is to provide environmental analysis with respect to the described actions. This addendum regarding proposed code amendments to Kent City Code Title 15 for ADUs and accessory structures does not identify new significant adverse impacts or significantly change the prior environmental analysis; therefore it is prudent to utilize the addendum process as outlined in (WAC-197-11-600(4)(c)). ENVIRONMENTAL ELEMENTS All environmental elements are adequately addressed within the parameters of existing codes and ordinances, as well as the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS and the Downtown Subarea Action Plan Planned Action Supplemental EIS, drafts and finals. Furthermore, subsequent project actions would require compliance with SEPA environmental policy which may include separate environmental checklists. Projects will be analyzed for consistency with mitigating conditions identified in the EIS and may require new mitigation based upon site-specific conditions. The amendments to Kent City Code Title 15 for ADUs and accessory structures implement goals and policies identified in the Land Use and Housing Elements of the City's Comprehensive Plan, as follows: Comprehensive Plan Policy LU-7.4: Allow a diversity of single-family housing forms and strategies in all residential districts (e.g., accessory dwellings, reduced lot size, cottage or cluster housing), subject to design and development standards, to ensure minimal impact to surrounding properties. Policy LU-8.2: Support the achievement of allowable density in single- family developments through flexibility and creativity in site design. Page 3 of 4 Addendum 1 96 Zoning Code Amendments - , ccessory Dwelling Units ZCA-2015-3/ENV-2015-7 / RPP6-2151321/RPSA-2153326 Policy LU-8.6: Establish design standards and parking requirements for accessory dwelling units to ensure that the neighborhood character is maintained. Policy H-2.2: Encourage infill development and recycling of land to provide adequate residential sites. Policy H-2.3: Facilitate and encourage the development of affordable housing for seniors, large families, and other identified special housing needs. V. SUMMARY AND RECOMMENDATION A. SUMMARY Kent City Code section 11,03.510 identifies plans and policies from which the City may draw substantive mitigation under the State Environmental Policy Act. This nonproject action has been evaluated in light of those substantive plans and policies as well as the overall analysis completed for the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS and Downtown Subarea Action Plan Planned Action Supplemental EIS. B. DECISION The regulatory code amendments are consistent with the range, types and magnitude of impacts and corresponding mitigation outlined in the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS and Downtown Subarea Action Plan Planned Action Supplemental EIS, No new significant adverse environmental impacts associated with adoption of the proposed definitions of ADUs and accessory structures, parameters for location, lot coverage and design have been identified. Dated: October 2, 2015 Signature: Charlene Anderson, AICP, SEPA R ponsible Official CABS:%Pe"1t%Plan%ENV%2015%A.OU_Ordinance_addendum_RPSAQ153326.doc II Page 4 of 4 97 ECONOMIC &COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 i� Fax: 253-856-6454 N T a 220 Fourth Avenue South Kent, WA 98032-5895 October 26, 2015 TO: Chair Randall Smith and Land Use & Planning Board Members FROM: Hayley Bonsteel, Long Range Planner & GIS Coordinator RE: Zoning Code Amendments - Assisted Living Facilities For October 26, 2015 Public Hearing MOTION: Recommend to the City Council approval/denial/modification of the proposed code amendments to Title 15 of the Kent City Code (KCC) including clarifications to definitions in KCC 15.02 and amendments to use tables and development conditions in KCC 15.04 as presented by staff. SUMMARY: Included in the 2014 Docket was a request to amend the definition and use table related to assisted living facilities. The original intent of the docket request was to permit assisted living facilities without a commercial component in a commercial zone. City staff have received other requests to locate elder care facilities, whether independent senior housing or assisted living facilities, in commercial areas without a commercial component. Housing and population trends show that humane elder care facilities (of any type) should be located in areas with services. The code amendments detailed on the attachment to this memo respond to the initial phase of what staff is proposing as a two-phased consideration of code amendments for elder care facilities: Phase I — Clarify definition of assisted living facility and where these facilities are permitted, add language regarding the commercial component, establish locational criteria and flexibility via a Conditional Use Permit. Phase II - Independent senior living is currently included in the definition of multifamily residential. Developers have expressed the same concern over the commercial requirement for independent senior living. Phase II will look at how to provide diversity in housing choices for all Kent residents including independent seniors. At the October 121h Economic and Community Development Committee meeting, committee members concurred with using the phased approach to this work program. BUDGET IMPACT: None BACKGROUND: Included in the 2014 Docket was a request to amend the definition and use table related to assisted living facilities. 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 98 home or a residential facility with health care." The applicant took this to mean that an assisted living facility is not a residential facility. However, it is in fact a residential facility (as it houses elderly residents, and includes sleeping, eating and sanitation facilities). According to existing code, assisted living facilities are permitted in CC and GC 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 clarified. There is, however, a text clarification amendment option for this footnote. The original intent of the request was to permit assisted living facilities without a commercial component in a commercial zone. Assisted living facilities (and residential facilities with health care) are currently permitted in CC and GC zoning districts only in the mixed use overlay and when included within a mixed use development. Staff has received other requests to site assisted living facilities or other elder care facilities in commercial areas without a commercial component. Housing and population trends show that humane elder care facilities (of any type) should be located in areas with services, and the code amendment options below therefore include service proximity requirements. These amendment options address the issues described above. 1. 15.02.026.1, Definition of Assisted Living Facility. Add clarifying language to definition. a. Add "has the express or implied purpose of providing housing, basic services, and assuming general responsibility for the safety and well-being of the residents, and may also provide domiciliary care' to the beginning of the definition and "An assisted living facility is a state-licensed residential facility but is not a group home or residential facility with health care" to the end of the definition (see Code Changes in Detail, attached). 2. 15.02.260, Definition of Mixed Use. Add clarifying language regarding commercial use. a. Add "A permitted commercial use must be oriented toward (visible, accessible and welcoming to) the general public, with outward facing windows and signage as much as possible given site constraints." 3. 15.04.030.2, Residential land use development conditions (footnotes) -- Text clarification. a. Reword footnote to read: "Multifamily and other allowed residential uses are only permissible in a mixed use overlay, and must be within a mixed use development." 4. 15.04.020, Residential land uses table. Add "C (3)" for "Assisted living facilities" and "Residential facilities with healthcare" rows in "GC" and "CC" columns. 99 5. 15.04.030.3 Add new footnote for conditional use. a. "3. Assisted living facilities and residential facilities with health care, when not combined with commercial or office uses, require a conditional use permit and are subject to the following: i. Must be located within one quarter mile of amenities in at least three of the following categories: • Park • School • Library • Community/Senior Center • Arts or Religious Institution • Recreational or Event Center • Retail Services Phase II — Multifamily Development in Mixed Use Zones The above code amendments apply to assisted living facilities and residential facilities with health care, but not independent senior living, as independent senior living is currently included in the definition of multifamily residential. Multifamily residential developments in the general and community commercial districts require commercial components. Developers have expressed concern over the commercial requirement for independent senior living. Phase II will look at how to provide diversity in housing choices for all Kent residents including independent seniors. What this phase may include: 1. A survey of Kent residents in various age groups to gather local perspectives on housing preferences 2. An evaluation of the requirement for 25% of a mixed use development to be commercial, including other potential options for achieving walkable, diverse neighborhood centers 3. An analysis of mixed use potential including amount of buildable land within proximity to amenities in each zone 4. Hiring an outside firm to revamp mixed use requirements to meet City goals RECOMMENDATION: Staff recommends approval of the amendments and will be available at the October 26th public hearing for further discussion. HB\al S:\Permit\Plan\ZONING_CODE AMENDMENTS\2015\ZCA-2015-4Assisted Living_NderCare Facilities\10-13-15 LUPB Ffrg Memo.docx Encl: Detailed code changes; SEPA Checklist and Addendum cc: Ben Wolters, Economic &Community Development Director Charlene Anderson,AICP, Planning Manager 100 101 Assisted Living (Elder Care) Facilities in Commercial Zones Phase One - Code Changes in Detail 15.02.026.1 Assisted living facility. Assisted living facility means an establishment that has the express or implied purpose of providing housing, basic services, and assuming general responsibility for the safety and well-being of the residents, and may also provide domiciliary ,care to more than ten individuals who may be unable to live independently due to infirmity of age, or physical or mental handicap, but who do not need the skilled nursing care of a convalescent home or a residential facility with health care. These facilities may consist of individual dwelling units, with separate bathroom facilities, a full kitchen or no kitchen. In addition, these facilities may have communal dining areas, recreation facilities (library, lounge, game room), laundry facilities and open space. An assisted living facility is a state- licensed residential facility, but not a group home or a residential facility with health care. 15.02.260 Mixed use development. Mixed use development shall mean two or more permitted uses or conditional uses developed in conjunction with one another on the same site. Provided that the aforementioned requirements are met, a mixed use development may include two or more separate buildings. At least twenty-five percent of the gross floor area, as defined in KCC 15.02.170, must be a permitted commercial use, except for mixed use in general commercial outside the downtown area, as defined in KCC 15.09.046, where at least five percent of the gross floor area must be a permitted commercial use, and except for mixed use on parcels two acres or less in size in community commercial where at least five percent of the gross floor area must be a permitted commercial use. A permitted commercial use must be oriented toward (visible, accessible and welcoming to) the general public, with outward facing windows and signage as much as possible given site constraints. The residential component of any mixed use development cannot be permitted or occupied prior to the permitting or lawful occupancy of the commercial component. 15.04.020 Residential land uses Add "C (3)" for "Assisted living facilities" and "Residential facilities with healthcare" rows in "GC and "CC columns. 102 15.04.030 Residential land use development conditions. 1. Dwelling units, limited to not more than one 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, are only permissible in a mixed use overlay, and must be when-included within a mixed use development. 3. e . Assisted living facilities and residential facilities with health care, when not combined with commercial or office uses, require a conditional use permit and are subiect to the following: a. Must be located within one quarter mile of amenities in at least three of the following categories: • Park • School • Library • Community/Senior Center • Arts or Religious Institution • Recreational or Event Center • Retail Services S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2015\ZCA-2015-4 Assisted Living Facilities\Code Changes in Detiil_ECDC_101215.docx Planning Servicets Location: 400 W. Gowe < Mail to: 220 41h Avenue South • Kent WA 98032-5895 Permit Center (253-856-5302 FAX: (253) 856-6412 www.ci.kent.wa.us/permitcenter Environmental Checklist Application Form Public Notice Board and Application Fee...See Fee Schedule TO BE COMPLETED BY STAFF,:/ q APPLICATION #: ZCA2015-4 /, /V^LQ KIVA#:/RPP6-21 51 322 RECEIVED BY:'t �^^sl DATE: PROCESSING FEE: N`/5l" A. STAFF REVIEW DETERMINED THAT PROJECT: Meets the categorically exempt criteria. Has no probable significant adverse environmental impact(s) and application should be processed without further consideration of environmental effects. Has probable, significant impact(s) that can be mitigated through conditions. EIS not necessary. Has probable, significant adverse environmental impact(s). An / Environmental Impact Statement will be prepared. An Environmental Impact Statement for this project has already been prepared. Signature of Responsible Official Date B. COMMENTS: /A/. z&111 C TYPE OF PERMIT OR ACTION REQUESTED: fz2 961 D. ZONING DISTRICT: 104 City of Kent Planning Services Environmental Checklist— Page 2 TO BE COMPLETED BY APPLICANT: A. BACKGROUND INFORMATION: 1. Name of Project: Zoning Code Amendment ZCA-2015-4 Elder Care Facilities 2. Name of Applicant: City of Kent Mailing Address: 220 41h Ave S Kent WA 98032 Contact Person: Hanley Bonsteel Telephone: 253-856-5441 (Note that all correspondence will be mailed to the applicant listed above.) 3. Applicant is (owner, agent, other): 4. Name of Legal Owner: n/a Telephone: Mailing Address: 5. Location. Give general location of proposed project (street address, nearest intersection of I streets and section township and range). City-wide; general commercial and community commercial zones. 6. Legal description and tax identification number a. Legal description (if lengthy, attach as se arate sheet : n/a b. Tax identification number: n/a 7. Existing conditions: Give a general description of the property and existing improvements,size, topography, vegetation, soil, drainage, natural features, etc. (if necessary, attach a separate sheet). n/a 8. Site Area:—n/a Site Dimensions: n/a 105 City of Kent Planning Services Environmental Checklist— Page 3 9. Project description: Give a brief, complete description of the intended use of the property or project including all proposed uses, days and hours of operation and the size of the project and site. (Attach site plans as described in the instructions): See attached proposed code options. 10. Schedule: Describe the timing or schedule(include phasing and construction dates, if possible). Present proposed ordinance options to the Land Use and Planning Board (LUPB) at a public hearing in October 2015. Present LUPB recommendation to Economic and Community Development Committee in November 2015, with City Council adoption anticipated to take place in November or December, 2015, 11. Future Plans: Do you have any plans for future additions, expansion or further activity related to or connected with this proposal? If yes, explain. I� 12. Permits/Approvals: List all permits or approvals for this project from local, state,federal, or other agencies for which you have applied or will apply as required for your proposal. DATE AGENCY PERMIT TYPE SUBMITTED* NUMBER STATUS** Zoning Code City of Kent Amendment II *Leave blank if not submitted 'Approved, denied or pending 13. Environmental Information: List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. n/a �I 14. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. 106 City of Kent Planning Services Environmental Checklist— Page 4 n/a I i 107 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 5 AGENCY USE ONLY B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other: n/a b. What is the steepest slope on the site (approximate percent slope)? n/a c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. n/a d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. n/a e. Describe the purpose, type and approximate quantities of any filling or grading proposed. Indicate source of fill. n/a f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. n/a g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? n/a I� h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any. 108 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 6 AGENCY USE ONLY n/a 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke)during construction and when the project is completed? If any, generally describe and give approximate quantities if known. n/a b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. n/a c. Proposed measures to reduce or control emissions or other impacts to air, if any. I n/a 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, salt water, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. n/a i 2) Will the project require any work over, in or adjacentto(within 200 feet) the described waters? If yes, please describe and attach available plans. n/a 109 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 7 AGENCY USE ONLY 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water orwetlands and indicate the area of the site that would be affected. Indicate the source of fill material. n/a 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities, if known. n/a 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. I� Portions of the city lie within the 100-year floodplain. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. n/a I b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known. n/a 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. n/a c. Water Runoff(including storm water): II 110 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 8 AGENCY USE ONLY 1) Describe the source of runoff(including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. n/a 2) Could waste materials enter ground or surface waters? If so, generally describe. n/a d. Proposed measures to reduce or control surface,ground,and runoff li water impacts, if any: n/a 4. Plants n/a a. Check or circle types of vegetation found on the site: Deciduous tree: alder, maple aspen, other Evergreen tree: fir, cedar, pine, other Shrubs Grass Pasture Crop or grain Wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other Water plants: water lily, eelgrass, milfoil, other Other types of vegetation b. What kind and amount of vegetation will be removed or altered? i 111 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 9 AGENCY USE ONLY n/a c. List threatened or endangered species known to be on or near the site, n/a d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: n/a 5. Animals nla a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other: Mammals: deer, bear, elk, beaver, other: Fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or endangered species known to be on or near the site. n/a c. Is the site part of a migration route? If so, explain. n/a d. Proposed measures to preserve or enhance wildlife, if any: n/a 6. Energy and Natural Resources 112 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 10 AGENCY USE ONLY a. What kinds of energy (electric, natural gas, oil,wood stove, solar)will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. n/a b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. n/a c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: n/a Ii 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste,that could occur as a result of this proposal? If so, describe. n/a 1) Describe special emergency services that might be required. n/a 2) Proposed measures to reduce or control environmental health hazards, if any: n/a 6. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment operation, other)? n/a 2) Whattypes and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: 113 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 11 AGENCY USE ONLY traffic, construction, operation, other)? Indicate what hours noise would come from the site. n/a 3) Proposed measures to reduce or control noise impacts, if any: n/a 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? n/a b. Has the site been used for agriculture? If so, describe, n/a c. Describe any structures on the site. n/a d. Will any structures be demolished? If so, what? n/a e. What is the current zoning classification of the site? City-wide; general commercial and community commercial zones. f. What is the current comprehensive plan designation of the site? City-wide. g. If applicable, what is the current shoreline master program designation of the site? Some zones located in shoreline jurisdictions h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Sensitive areas (such as wetlands, streams, steep slopes) are located city-wide. i. Approximately how many people would reside or work in the completed project? 114 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 12 AGENCY USE ONLY n/a j. Approximately how many people would the completed project displace? n/a k. Proposed measures to avoid or reduce displacement impacts, if any: n/a I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. n/a 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low income housing. n/a b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low income housing. n/a c. Proposed measures to reduce or control housing impacts, if any. n/a 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? n/a b. What views in the immediate vicinity would be altered or obstructed? n/a c. Proposed measures to reduce or control aesthetic impacts, if any. n/a i 115 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 13 AGENCY USE ONLY 11. Light and Glare a. What type of light or glare will the proposals produce? What time of day would it mainly occur? n/a b. Could light or glare from the finished project be a safety hazard or interfere with views? n/a c. What existing off-site sources of light or glare may affect your proposal? n/a d. Proposed measures to reduce or control light and glare impacts, if any. n/a 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? n/a b. Would the proposed project displace any existing recreational uses? If so, describe. n/a c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. n/a 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state or local preservation registers known to be on or next to the site? If so, generally describe. n/a 116 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 14 AGENCY USE ONLY b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. n/a c. Proposed measures to reduce or control impacts, if any. n/a 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. n/a b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? n/a c. How many parking spaces would the completed project have? How many would the project eliminate? n/a d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). n/a e. Will the project use (or occur in the immediate vicinity of)water, rail, or air transportation? If so, generally describe. n/a 117 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 15 AGENCY USE ONLY f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur, n/a g. Proposed measures to reduce or control transportation impacts, if any. n/a 15. Public Services a. Would the project result in an increased need for public services (for example:fire protection, police protection, health care, schools, other)? If so, generally describe. n/a b. Proposed measures to reduce or control direct impacts on public services, if any. n/a 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas,water, refuse service, telephone, sanitary sewer, septic system, other. n/a b. Describe the utilities that are proposed for the project, the utilities providing the service and the general construction activities on the site or in the immediate vicinity, which might be needed. n/a C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date: 10/08/15 118 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 16 AGENCY USE ONLY DO NOT USE THIS SHEET FOR PROJECT ACTIONS D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emission to air; production, storage, or release of toxic or hazardous substances; or production of noise? Future development may affect discharge to water, emission to air, production, storage or release of toxic or hazardous substances that would be typical of multifamily residential development. The proposal may result in an increase in elder care facility development,which would result in increases to noise production as per any residential development. Proposed measures to avoid or reduce such increases are: Regulations are in place to mitigate impacts. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Future development may remove vegetation to accommodate elder care facilities and associated parking areas. Proposed measures to protect or conserve plants, animals, fish, or marine life? Regulations are in place to protect wetlands and streams and for tree preservation. 3. Howwould the proposal be likely to deplete energy or natural resources? Future development will utilize energy or natural resources at levels typical of multifamily residential use. Proposed measures to protect or conserve energy and natural resources are: The City promotes conservation of energy and natural resources. 4. How would the proposal be likely to use or affect environmentally 119 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 17 AGENCY USE ONLY sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic orcultural sites, wetlands, floodplains, or prime farmlands? The proposal is unlikely to affect sensitive areas. Proposed measures to protect such resources or to avoid or reduce impacts are: Regulations are in place for protection of environmentally sensitive areas from development impacts. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposal may result in allowing a residential land use in a commercial area which may be deemed incompatible. Proposed measures to avoid or reduce shoreline and land use impacts are: The proposal requires a conditional use permit for elder care facilities in commercial areas that should avoid or reduce incompatible land use impacts. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposal may result in an increase in elder care facility construction, which could result in increases in demands on transportation, public services and utilities typical of multifamily residential use. Proposed measures to reduce or respond to such demand(s) are: n/a 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposal is unlikely to conflict with other local, state orfederal laws or requirements for the protection of the environment. P:\Planning\ADMIN\FORMS\SEPA\SEPA_CHECKLIST.doc (REVISED 12/08) 120 121 COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 KKFE�T 220 Fourth Avenue S. w n�.I�.10 Kent, WA 98032-5895 ADDENDUM TO CITY OF KENT COMPREHENSIVE PLAN REVIEW AND MIDWAY SUBAREA PLANNED ACTION ENVIRONMENTAL IMPACT STATEMENT (EIS) (#ENV-2010-3) AND CITY OF KENT DOWNTOWN SUBAREA ACTION PLAN PLANNED ACTION SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT (SEIS) (#ENV-2012-30) ZONING CODE AMENDMENTS ASSISTED LIVING FACILITIES ZCA-2015-4/RPP6-2151322 Responsible Official: Charlene Anderson, AICP I. SCOPE The City of Kent Economic & Community Development Department proposes a non-project action that includes amendments to Kent City Code (KCC) Title 15, Zoning. As required by the Growth Management Act, the City adopted an update to the Kent Comprehensive Plan on September 1, 2015, Changes to KCC Title 15 give effect to the Kent Comprehensive Plan by encouraging diverse housing opportunities, vibrant neighborhoods and attractive places. The zoning code amendments clarify definitions of elder care facilities, and provide locational criteria and flexibility which support age-friendly settings. The City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS evaluated alternative growth strategies at a programmatic level for the Kent Planning Area (City limits and Potential Annexation Area). The EIS refreshed the environmental review conducted for the City's Comprehensive Plan and analyzed additional growth that would be focused in Downtown, the Midway Subarea, and five potential Activity Centers. The Supplemental EIS for the Downtown Subarea Action Plan Planned Action (Draft issued June, 2013 and Final issued October, 2013) evaluated the growth potential for the expanded Downtown study area as well as a lesser level of growth in the Midway Subarea. II. SEPA COMPLIANCE On February 13, 2010, the City of Kent issued a Determination of Significance (DS) and Notice of Scoping for the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action (ENV-2010-3). The City solicited public comment on the scope of the DEIS during the comment period and on October 22, 2010 the City of Kent issued a Draft EIS. The Final EIS was issued and distributed on September 1, 2011. No appeals to the EIS were filed. 122 Addendum Zoning Code Amendments - Meeker Street Corridor Design Standards In 2012, the City of Kent Downtown Subarea Action Plan Planned Action Supplemental Environmental Impact Statement (SEIS) analyzed three alternatives and evaluated several environmental elements associated with the update to the Downtown Subarea Action Plan (DSAP) (ENV-2012-30). The SEIS also evaluated a lower level of growth in the Midway area than was evaluated in the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS. The Draft SEIS was issued in June, 2013 and the Final SEIS was issued in October, 2013. No appeals to the SEIS were filed. No additional impacts are identified for the proposed amendments to Title 15; therefore an addendum to the EIS/SEIS is appropriate. III. STATEMENT OF CONSISTENCY This proposal is a nonproject action pursuant to WAC 197.11, Future project actions associated with clarifying definitions of elder care facilities, and providing locational criteria and flexibility which support age-friendly settings are subject to and shall be consistent with the following: Kent Comprehensive Plan, Kent City Code, Environmental Policy, International Fire Code, International Building Code, the City of Kent Design and Construction Standards, the City of Kent Surface Water Design Manual, Public Works Standards and all other applicable laws and ordinances in effect at the time a complete project permit application is filed. IV. ENVIRONMENTAL REVIEW - SCOPE OF ADDENDUM The City of Kent has followed the process of phased environmental review as it undertakes actions to implement the Comprehensive Plan, The State Environmental Policy Act (SEPA) and rules established for the act, WAC 197- 11, outline procedures for the use of existing environmental documents and preparation of addenda to environmental decisions. Nonproject Documents - An EIS prepared for a comprehensive plan, development regulation, or other broad based policy document is considered "anon-project," or programmatic in nature (see WAC 197-11-704), Phased Review - SEPA rules allow environmental review to be phased so that review coincides with meaningful points in the planning and decision making process, (WAC 197-11-060(5)). Future projects identified and associated with implementation of the code amendments related to clarifying definitions of elder care facilities, and providing locational criteria and flexibility which support age-friendly settings may require individual and separate environmental review, pursuant to SEPA. Such review will occur when a specific project is identified. Prior Environmental Documents - The City of Kent issued a Draft Environmental Impact Statement (DEIS) for the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action on October 22, 2010 and a Final EIS on September 1, 2011 (#ENV-2010-3). The Midway Subarea Plan, Page 2 of 4 Addendum 123 Zoning Code Amendments - Meeker Street Corridor Design Standards Midway Design Guidelines, amendments to development regulations, Land Use Plan and Zoning Districts Maps were adopted by the City Council on December 13, 2011. The City of Kent issued a Draft Downtown Subarea Action Plan Planned Action Supplemental Environmental Impact Statement (SEIS) in June, 2013 and a Final SEIS in October, 2013 (ENV-2012-30). The SEIS evaluated a lower level of growth in the Midway area than was evaluated in the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS. The Kent Comprehensive Plan Update was adopted by the City Council on September 1, 2015 and included an Addendum to the 2011 EIS and 2013 SEIS. The proposed amendments to Kent City Code Title 15 clarify definitions of elder care facilities, and provide locational criteria and flexibility which support age-friendly settings. These amendments are consistent with the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS and the Downtown Subarea Action Plan Planned Action Supplemental EIS. Scope of Addendum - As outlined in the SEPA rules, the purpose of an addendum is to provide environmental analysis with respect to the described actions. This addendum regarding proposed code amendments to Kent City Code Title 15 to clarify definitions of elder care facilities, and provide locational criteria and flexibility which support age-friendly settings does not identify new significant adverse impacts or significantly change the prior environmental analysis; therefore it is prudent to utilize the addendum process as outlined in (WAC-197-11-600(4)(c)). ENVIRONMENTAL ELEMENTS All environmental elements are adequately addressed within the parameters of existing codes and ordinances, as well as the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS and the Downtown Subarea Action Plan Planned Action Supplemental EIS, drafts and finals. Furthermore, subsequent project actions would require compliance with SEPA environmental policy which may include separate environmental checklists. Projects will be analyzed for consistency with mitigating conditions identified in the EIS and may require new mitigation based upon site-specific conditions. The amendments to Kent City Code Title 15 for clarifying definitions of elder care facilities, and providing locational criteria and flexibility which support age-friendly settings implement goals and policies identified in the Land Use and Housing Elements of the City's Comprehensive Plan, as follows: Comprehensive Plan Goal LU-7: Kent will provide opportunities for a variety of housing types, options, and densities throughout the City to meet the community's changing demographics. Page 3 of 4 Addendum 124 Zoning Code Amendments - Meeker Street Corridor Design Standards Policy LU-7.3: Allow and encourage a variety of multifamily housing forms and densities within designated commercial mixed-use land use areas. Policy LU-10.2: Ensure opportunities for residential development within existing business districts to provide support for shops, services, and employment within walking distance. Policy H-2.2: Encourage infill development and recycling of land to provide adequate residential sites. Policy H-2.3. Facilitate and encourage the development of affordable housing for seniors, large families, and other identified special housing needs. V. SUMMARY AND RECOMMENDATION A. SUMMARY Kent City Code section 11.03,510 identifies plans and policies from which the City may draw substantive mitigation under the State Environmental Policy Act. This nonproject action has been evaluated in light of those substantive plans and policies as well as the overall analysis completed for the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS and Downtown Subarea Action Plan Planned Action Supplemental EIS. B. DECISION The regulatory code amendments are consistent with the range, types and magnitude of impacts and corresponding mitigation outlined in the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS and Downtown Subarea Action Plan Planned Action Supplemental EIS. No new significant adverse environmental impacts associated with adoption of the proposed amendments to clarify definitions of elder care facilities, and provide locational criteria and flexibility which support age-friendly settings have been identified. Dated: October 15, 2015 &1�'AA'. Signature: Charlene Anderson, AICP, SEPA Responsible Official CA\5:\Permit\Plan\ENV\2015\Asslsted LIN n g_Fadllties_ZCA-2015-4.doc Page 4 of 4 125 ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 KE N T Fax: 253-856-6454 P► y r 220 Fourth Avenue S. Kent, WA 98032-5895 October 26, 2015 TO: Chair Randall Smith and Land Use and Planning Board FROM: Charlene Anderson, AICP, Long Range Planning Manager RE: Meeker Street Design Guidelines MOTION: Recommend approval/denial/modification of amendments to Kent City Code to extend Downtown Design Guidelines and multifamily design review to zoning districts along the Meeker Street Corridor from 64th Avenue South to Kent-Des Moines Road, including designating Meeker Street in this area as a Class B Pedestrian Street for the purposes of applying the Downtown Design Guidelines. SUMMARY: Place-making and Gateways are key strategies in Kent's Economic Development and Comprehensive Plans. Components of these strategies include beautifying streetscapes, strengthening sense of place and encouraging quality development. Meeker Street is a key corridor and gateway to Kent. Furthermore, the corridor is the subject of a project informally entitled "Meet Me on Meeker," which is an effort to beautify and rebuild this key commercial corridor, making it a place where people want to be. In order to protect the public's interest in quality development along the Meeker Corridor and as an interim measure before conclusion of the Meet Me on Meeker project, staff proposes to expand the Downtown Design Guidelines from 64th Avenue South to Kent-Des Moines Road along Meeker Street. BACKGROUND: Place-making capitalizes upon a community's assets and people with the intention of creating a public realm that promotes local users' health, happiness and well- being, i.e., a place where people want to be. As noted in the Economic Development Plan, the City is interested in place-making along the Meeker Street corridor as a strategy to attract economic development. During the recent public outreach for improving the corridor and during the workshop with a team from Smart Growth America, many ideas were proposed for improving pedestrian connections, comfort and safety. Statistics show that people want to live in more walkable areas, and the City needs to think about investing in ways that return value to the city over the long run. The Downtown Design Guidelines promote downtown as a livable, vibrant, pedestrian-friendly mixed-use community that complements transit with office, commercial and residential uses clustered in the urban center. The Downtown Design Guidelines extend to 64th Avenue South along Meeker Street, which is classified a Class A Pedestrian Street to that point. Because Meeker Street is a key gateway corridor to Downtown, yet currently more auto-oriented west of 64th Avenue South, it is appropriate as an interim measure to designate the remainder of Meeker Street to Kent-Des Moines Road as a Class B Pedestrian Street, providing additional flexibility in site development. Furthermore, it is appropriate to extend the Downtown Design Guidelines to Kent-Des Moines Road to ensure quality 126 development occurs as developers take advantage of development opportunities within the corridor prior to completion of the Meet Me on Meeker project. The specific code amendments being proposed are the following: 15.04.195(36) Commercial and industrial land use zone development standard conditions. o Amend Note #36: Design review for mixed use development is required as provided in KCC 15.09.045(F). In addition to KCC 15.09.045(F), the multifamily and downtown design guidelines of KCC 15.09.045(D) and KCC 15.09.046 shall apply for all uses in the GC, GC-MU and CC-MU districts along the Meeker Street Corridor from 64th Avenue South to Kent-Des Moines Road. 15.04.200 Mixed use overlay development standards o Amend the Design review line under the GC-MU column as follows: Design review requirements of KCC 15.09.045(D) and (F) and 15.09.046 shall apply, including application of the multifamily, mixed use and downtown design guidelines of KCC 15.09.045(D), KCC 15.09.045(F) and KCC 15.09.046 for all uses in the GC-MU overlay district along the Meeker Street Corridor from 64th Avenue South to Kent-Des Moines Road. 15.04.200 Mixed use overlay development standards o Amend the Design review line under the CC-MU column as follows: Design review requirements of KCC 15.09.045(F) shall apply, including application of the multifamily, mixed use and downtown design guidelines of KCC 15.09.045(D), KCC 15.09.045(F) and KCC 15.09.046 for all uses in the CC-MU overlay district along the Meeker Street Corridor from 64th Avenue South to Kent-Des Moines Road. 15.09.046.A.3 o Amend as follows: "All development within the downtown area, or within the GC, GC-MU, CC-MU, or MR-M zoning districts along the Meeker Street corridor between 64th Avenue South and Kent-Des Moines Road, which roadway section is hereby classified a Class B Pedestrian Street, shall be subject to the provisions of this section. 15.09.046.A.4. o Amend as follows: "The downtown design review process is distinct from the multifamily design review process set forth in KCC 15.09.045. Applications for multifamily development within the DC, DCE, DCE-T, GC-MU, CC-MU, MR-M and MRT-16 zoning districts that are also within the downtown area or along the Meeker Street corridor between 64th Avenue South and Kent-Des Moines Road shall be subject to this section in addition to the provisions of KCC 15.09.045, except as provided in KCC 15.09.045(E). In cases where a conflict arises between the requirements of the two M sections, the provisions of this section shall prevail." EXHIBITS: SEPA Addendum BUDGET IMPACT: None CA al S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2015\Meeker Street Design Guidelines\10-26-15_Meeker_St_Design_Guidelines_Menno.doc CC Ben Wolters,ECD Director 127 ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 ICE 6�T 220 Fourth Avenue S. WA..In.r.- Kent, WA98032-5895 ADDENDUM TO CITY OF KENT COMPREHENSIVE PLAN REVIEW AND MIDWAY SUBAREA PLANNED ACTION ENVIRONMENTAL IMPACT STATEMENT (EIS) (#ENV-2010-3) AND CITY OF KENT DOWNTOWN SUBAREA ACTION PLAN PLANNED ACTION SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT (SEIS) (#ENV-2012-30) ZONING CODE AMENDMENTS — MEEKER STREET DESIGN STANDARDS Responsible Official: Charlene Anderson, AICP I. SCOPE The City of Kent Economic & Community Development Department proposes a non-project action that includes amendments to Kent City Code (KCC) Title 15, Zoning. As required by the Growth Management Act, the City adopted an update to the Kent Comprehensive Plan on September 1, 2015, Changes to KCC Title 15 give effect to the Kent Comprehensive Plan by encouraging attractive places. The zoning code amendments extend design standards to zoning districts along the Meeker Street Corridor between 64"' Avenue South and Kent-Des Moines Road and designate Meeker Street in that location as a Class B Pedestrian Street for purposes of applying the downtown design guidelines. The City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS evaluated alternative growth strategies at a programmatic level for the Kent Planning Area (City limits and Potential Annexation Area). The review conducted for the Cit EIS refreshed the environmental Ys Comprehensive Plan and analyzed additional growth that would be focused in Downtown, the Midway Subarea, and five potential Activity Centers. The Supplemental EIS for the Downtown Subarea Action Plan Planned Action (Draft issued June, 2013 and Final issued October, 2013) evaluated the growth potential for the expanded Downtown study area as well as a lesser level of growth in the Midway Subarea. II. SEPA COMPLIANCE On February 13, 2010, the City of Kent issued a Determination of Significance (DS) and Notice of Scoping for the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action (ENV-2010-3). The City solicited public comment on the scope of the DEIS during the comment period and on October 22, 2010 the City of Kent issued a Draft EIS. The Final EIS was issued and distributed on September 1, 2011. No appeals to the EIS were filed. 128 Addendum Zoning Code Amendments - Meeker Street Corridor Design Standards In 2012, the City of Kent Downtown Subarea Action Plan Planned Action Supplemental Environmental Impact Statement (SEIS) analyzed three alternatives and evaluated several environmental elements associated with the update to the Downtown Subarea Action Plan (DSAP) (ENV-2012-30). The SEIS also evaluated a lower level of growth in the Midway area than was evaluated in the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS. The Draft SEIS was issued in June, 2013 and the Final SEIS was issued in October, 2013. No appeals to the SEIS were filed. No additional impacts are identified for the proposed amendments to Title 15; therefore an addendum to the EIS/SEIS is appropriate. III. STATEMENT OF CONSISTENCY This proposal is a nonproject action pursuant to WAC 197.11. Future project actions associated with extending design standards to zoning districts along the Meeker Street Corridor between 64th Avenue South and Kent-Des Moines Road are subject to and shall be consistent with the following: Kent Comprehensive Plan, Kent City Code, Environmental Policy, International Fire Code, International Building Code, the City of Kent Design and Construction Standards, the City of Kent Surface Water Design Manual, Public Works Standards and all other applicable laws and ordinances in effect at the time a complete project permit application is filed. IV. ENVIRONMENTAL REVIEW - SCOPE OF ADDENDUM The City of Kent has followed the process of phased environmental review as it undertakes actions to implement the Comprehensive Plan. The State Environmental Policy Act (SEPA) and rules established for the act, WAC 197- 11, outline procedures for the use of existing environmental documents and preparation of addenda to environmental decisions. Nonproject Documents - An EIS prepared for a comprehensive plan, development regulation, or other broad based policy document is considered "anon-project," or programmatic in nature (see WAC 197-11-704). Phased Review - SEPA rules allow environmental review to be phased so that review coincides with meaningful points in the planning and decision making process, (WAC 197-11-060(5)). Future projects identified and associated with implementation of the code amendments related to extension of design standards to zoning districts along the Meeker Street Corridor between 64th Avenue South and Kent-Des Moines Road may require individual and separate environmental review, pursuant to SEPA. Such review will occur when a specific project is identified. Prior Environmental Documents - The City of Kent issued a Draft Environmental Impact Statement (DEIS) for the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action on October 22, 2010 and a Final EIS on September 1, 2011 (#ENV-2010-3). The Midway Subarea Plan, Page 2 of 4 129 Addendum Zoning Code Amendments - Meeker Street Corridor Design Standards Midway Design Guidelines, amendments to development regulations, Land Use Plan and Zoning Districts Maps were adopted by the City Council on December 13, 2011. The City of Kent issued a Draft Downtown Subarea Action Plan Planned Action Supplemental Environmental Impact Statement (SEIS) in June, 2013 and a Final SEIS in October, 2013 (ENV-2012-30). The SEIS evaluated a lower level of growth in the Midway area than was evaluated in the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS. The Kent Comprehensive Plan Update was adopted by the City Council on September 1, 2015 and included an Addendum to the 2011 EIS and 2013 SEIS. The proposed amendments to Kent City Code Title 15 extend multifamily, mixed use and downtown design standards to zoning districts along the Meeker Street Corridor and designate Meeker Street in that location as a Class B Pedestrian Street for purposes of applying the downtown design guidelines. These amendments are consistent with the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS and the Downtown Subarea Action Plan Planned Action Supplemental EIS. Scope of Addendum — As outlined in the SEPA rules, the purpose of an addendum is to provide environmental analysis with respect to the described actions. This addendum regarding proposed code amendments to Kent City Code Title 15 for extending design guidelines to zoning districts along the Meeker Street Corridor between 64th Avenue South and Kent-Des Moines Road and designating Meeker Street in that location as a Class B Pedestrian Street for purposes of applying downtown design guidelines does not identify new significant adverse impacts or significantly change the prior environmental analysis; therefore it is prudent to utilize the addendum process as outlined in (WAC-197-11-600(4)(c)). ENVIRONMENTAL ELEMENTS All environmental elements are adequately addressed within the parameters of existing codes and ordinances, as well as the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS and the Downtown Subarea Action Plan Planned Action Supplemental EIS, drafts and finals. Furthermore, subsequent project actions would require compliance with SEPA environmental policy which may include separate environmental checklists. Projects will be analyzed for consistency with mitigating conditions identified in the EIS and may require new mitigation based upon site-specific conditions. The amendments to Kent City Code Title 15 for extending design guidelines to zoning districts along the Meeker Street Corridor and designating Meeker Street in that location as a Class B Pedestrian Street for purposes of applying downtown design guidelines implement goals and policies identified in the Land Use Element of the City's Comprehensive Plan, as follows: Page 3 of 4 130 Addendum Zoning Code Amendments — Meeker Street Corridor Design Standards Comprehensive Plan Policy LU-8.5: Lay out neighborhoods that are oriented to the pedestrian, provide natural surveillance of public and semi-public places, and foster a sense of community by orientation of buildings, limiting block lengths, encouraging continuity of streets among neighborhoods, connectivity to public spaces, and safe pedestrian, cyclist, and vehicular movement. Policy LU-10.5: Establish guidelines for design of edges where commercial and mixed-uses abut single-family and medium- to low-density multifamily residential uses. Policy LU-11.1: Establish design standards for commercial and mixed-use development which are complimentary to the surrounding neighborhoods and accommodate transit, pedestrians, and cyclists. V. SUMMARY AND RECOMMENDATION A. SUMMARY Kent City Code section 11.03.510 identifies plans and policies from which the City may draw substantive mitigation under the State Environmental Policy Act. This nonproject action has been evaluated in light of those substantive plans and policies as well as the overall analysis completed for the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS and Downtown Subarea Action Plan Planned Action Supplemental EIS. B. DECISION The regulatory code amendments are consistent with the range, types and magnitude of impacts and corresponding mitigation outlined in the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS and Downtown Subarea Action Plan Planned Action Supplemental EIS. No new significant adverse environmental impacts associated with adoption of the proposed amendments extending design guidelines to zoning districts along the Meeker Street Corridor between 64th Avenue South and Kent-Des Moines Road and designating Meeker Street in that location as a Class B Pedestrian Street for purposes of applying downtown design guidelines have been identified. Dated: October 15, 2015 Signature: Charlene Anderson, AICP, SEPA Responsible Official CA\S:\Permit\Plan\ENV\201 S\Down[own_Design Sta nda rd s_ad den d u m_.doc Page 4 of 4