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HomeMy WebLinkAboutCity Council Committees - Economic and Community Development - 11/09/2015Wxgxir w{'.�{yv Item Description 1. Call to Order 2. Roll Call 3. Changes to the Agenda Economic & Community Development Committee Agenda Councilmembers: Dennis Higgins - Jim Berrios - Bill Boyce, Chair 4. Approval of October 12, 2015 Minutes 5. Accessory Dwelling Units Zoning Code Amendment Ordinance 6. Meeker Street Design Guidelines Ordinance 7. Assisted Living Facilities Zoning Code Amendment Information Only 8. Lodging Tax Advisory Committee KCC 2.54 Information Only 9. Sound Transit Update Information Only 10. Economic Development Update Information Only 11. ShoWare Update Information Only MEETING AGENDA November 9, 2015 5:00 P.M. ActionSpeaker(s) Time Page Bill Boyce 1 min Bill Boyce 1 min Bill Boyce 1 min YES Bill Boyce 2 min 1 YES Hayley Bonsteel 5 min 5 YES Hayley Bonsteel 10 min 95 NO Hayley Bonsteel 10 min 123 NO Ben Wolters 10 min 125 NO Charlene Anderson 10 min NO Ben Wolters 5 min NO Ben Wolters 5 min Unless otherwise noted, the Economic & Community Development Committee meets at 5 p.m. on the second Monday of each month in Kent City Hall, Council Chambers East, 220 4th Ave S, Kent, 98032. For additional information please contact Julie Pulliam at 253-856-5454. Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. 1 1 W x;rvrrw45}v ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES OCTOBER 12, 2015 Committee Members Committee Chair Bill Boyce, Dennis Higgins and Jim Berrios. 1. Call to Order Chair Boyce called the meeting to order at 5:00 pm. 2. Roll Call Jim Berrios Excused Absence 3. Changes to the Agenda None 4. Approval of Minutes Higgins MOVED and Boyce SECONDED a Motion to Approve the Minutes of September 14, 2015. Motion PASSED 2-0. S. 2015 Docket Report Long Range Planning Manager Charlene Anderson presented the 2015 Docket report. She stated that two docket items were submitted by the September 1't deadline: 1. Panther Lake Urban Separators, which staff proposes to add to the Urban Separator project from the 2014 docket. 2. Housing Element Data Update 3. Also proposed are ECD work program items: 1. Meeker Corridor Design Guidelines, 2. Multi -family and Mixed Use Design Guidelines, 3. Expand commercial opportunities at the intersection of 204th and West Valley Highway, 4. Land Use Plan Map revision at 212th and Russell Road, 5. Commercial components of residential mixed use developments, 6. Manufacturing/Industrial Center Subarea Plan, and 7. Outdoor storage zoning code amendment Staff recommends that the Committee adopt staff's recommendations on each of the above three categories. Anderson gave a status report on the 2014 docket items and proposed a multi-year phased approach to the Urban Separator project. There was no 2013 docket, and staff proposes closing out the 2012 docket. Jamison Nelson, 20628 132nd Ave SE, Kent, WA spoke to Docket 2014-2, referred to as the Nelson property rezone. She stated that she has lived and farmed at that location for over 40 years. She spoke in support of Kent's policies on mixed -uses and design. Higgins MOVED and Boyce SECONDED a Motion to approve the 2015 Annual Docket Report and the amended 2014 Docket Report as presented by staff and move it to the Full City Council. Motion PASSED 2-0. 2 6. Zoning Districts Mao Correction Ordinance 2 Anderson stated that during the recent comprehensive plan update there were two areas of mapping changes that need Council clarification of intent - two parcels at 212th and 84th and two parcels at 116th and Kent Kangley. The ordinance would confirm the intent of the City Council. Higgins MOVED and Boyce SECONDED a Motion to recommend to the Full City Council approval of corrections to Ordinance #4165 clarifying the zoning designation of Industrial Park Commercial M1 -C for two properties at the northwest corner of the intersection of S 212"' Street and 84th Avenue S and Community Commercial CC for two properties at the northeast corner of the intersection of 116th Avenue Southeast and Southeast Kent Kangley Road. Motion PASSED 2-0 7. Fee deferral Ordinance Current Planning Manager Matt Gilbert presented an ordinance regarding impact fees; focusing on the process by which we adopt impact fees and the deferral of impact fees for single family home construction. Both issues came up during recent discussions related to fire impact fees. Impact fees are defined by the State and are specifically related to impacts to the transportation system, parks and open space, and schools & fire protection facilities which are all authorized under RCW.82.02. Cities have the option of adopting impact fees to support capital facilities plan for each of those infrastructure categories. City of Kent has adopted impact fees for transportation, fire and schools. The only remaining potential impact fee under the current law is for Parks. Gilbert spoke to proposed changes related to the process of adoption and that this process would affect future adoption of a parks impact fee. Neither Washington State law nor Kent's current code require a hearing prior to adoption of impact fees. However, there is a hearing process tied to capital facilities plans that the impact fee would support. As impact fees have a direct effect on builders, it makes sense to create a more robust process with public participation. Staff proposes to add a required public hearing to Kent City Code Section 12. Staff recommends that deferred impact fees be paid before a permit is issued and collected at the point of sale. Higgins Moved and Boyce SECONDED a Motion recommending that Council Adopt an ordinance amending Title 12 of the Kent City Code by adding a new chapter 12.20 adoption and administration of impact fees establishing a process for adoption of new impact fee ordinances imposed on development activity to help finance system improvement to public facilities, requiring a public hearing prior to adoption of any ordinance establishing impact fees, for a new category of public facility, adopting a system for limited deferrals of collection of impact fees imposed on single family residential construction and authorizing the collection of reasonable administrative fees to help fund the cost of maintaining the impact fee deferral program. Motion PASSED 2-0 ECDC Minutes October 12, 2015 Page 2 of 3 3 3 S. KDP Resolution — Main Street Conference Ben Wolters spoke regarding a resolution for support from the City Council for the Kent Downtown Partnership's effort to bring Washington State's Main Street Program 2016 Revitalize Washington conference to Kent in April 2016. Higgins MOVED and Boyce SECONDED a Motion to recommend to the Full City Council a resolution in support of the efforts of the Kent Downtown Partnership to bring Washington State's Main Street Program 2016 Revitalize Washington conference to Kent. Motion PASSED 2-0 9. Assisted Living Regulations Long Range Planner Haylee Bonsteel talked about the different types of senior living facilities. More research will be conducted regarding where senior living facilities should be placed throughout the community. They should be located close to amenities. April Mackoff spoke on behalf of Sante' Encore Communities in support of elder care facilities and multi -family development in mixed-use zones. 10. Business Incubators Economic Development Analyst Bill Ellis defined the difference between co -working, business incubation, and accelerator incubation. Co -working starts with shared space and equipment & business incubation is focused on new business. Accelerators are more intensive in terms of mentorship and support services. Any type of incubator facilities that open up in the City of Kent need to be sponsored. 11. Sound Transit Update Anderson stated that there are three areas of concern on the Station location for light rail --safety, access, and transit -oriented development. Working with a stakeholder group, Sound Transit has developed some good designs to address those issues and concerns. 12. Economic Development Update Economic and Community Development Director Ben Wolters stated that Kent is seeing some big social issues come our way as costs continue to rise in Seattle and Bellevue. Kent is seeing growth within the community as a result. Future focus will be on the next round of Meet Me on Meeker. The light rail station work is critical for the future and will set up a transformation for West Hill. Bill Ellis is working on CenterPointe and full service hotels. Permit activity has been steady throughout the fall. 13. ShoWare Update Wolters announced that ShoWare continues to be busy with three major events over the last weekend and bookings continuing to come in. Lighting will be changed to LED to save revenue, and the menu boards will be changed. Adiournment Chair Boyce adjourned the meeting at 6:45 p.m. Julie Pulliam, Secretary, Economic & Community Development Committee JP:pm \ P:\Planning\ECOC\2015\Minutes\10-12-15 Min.docx ECDC Minutes October 12, 2015 Page 3 of 3 El 5 November 9th, 2015 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 TO: Chair Bill Boyce and Economic & Community Development Committee FROM: Hayley Bonsteel, Long Range Planner/GIS Coordinator RE: Accessory Dwelling Units &Accessory Buildings Zoning Code Amendment ZCA-2015-3 For November 9th, 2015 Meeting MOTION: Recommend to the full City Council approval/denial/modification of the ordinance amending 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. SUMMARY: At the June 8th 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 (#DKT-2014-1) as well as the broader issues regarding accessory structures. At the October 26th 2015 Land Use and Planning Board public hearing, the Land Use and Planning Board recommended approval of the proposed code amendments along with minor "housekeeping" code changes. The proposed amendments regulate accessory structures under the same form -based standards regardless of use, and ensure design compatibility while managing bulk. EXHIBITS: Draft Ordinance, SEPA Addendum BUDGET IMPACT: None H B: pm S: \Permit\Plan\ZONING_CODE AMENDMENTS\2015\ZCA-2015-3 Accessory Dwelling Units\ECDC PACKET\110915 ECDC ADU Memo. docx Encl: Ordinance, SEPA Addendum, SEPA Checklist cc: Ben Wolters, Economic & Community Development Director Charlene Anderson, AICP, Long Range Planning Manager A 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 7 0 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." KCC 15.02.003. F. Accessory dwelling units increase the supply of affordable rental units through better use of existing single-family housing stock, and provide for more flexible housing options. G. On June 8, 2015, staff presented options for the work plan for Docket 2014-1 to the Economic and Community Development Committee. The Committee requested that staff pursue several related issues, including how to regulate other accessory buildings and manage bulk. 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 State Department of Commerce granted the request for expedited review on September 3, 2015. No comments were received from State agencies. 2 Ordinance Amending KCC 15.02, 15.04 and 15.08 M I. 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: Sec. 15.02.003. Accessory dwelling unit (ADU). An accessory dwelling unit (ADU) is a habitable dwelling unit added to, created within, or 3 Ordinance Amending KCC 15.02, 15.04 and 15.08 10 detached from and on the same lot with a detached single-family dwelling that provides basic requirements for living, sleeping, eating, cooking including a stovel, 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 quest cottages° sheds° storage buildings° and workshops. SECTION 3. - Amendment. Section 15.02.130 of the Kent City Code is hereby amended as follows: Sec. 15.02.130 Dwelling unit. Dwelling unit means one room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure or on the same property, and containing independent cookingincluding a stovel and sleeping facilities. SECTION 4. - Amendment. Section 15.02.155 of the Kent City Code is hereby amended as follows: Sec. 15.02.155. Garage or carport, private. Private garage or carport means a building, or a portion of a building, principally for vehicular equipment such as automobiles, boats, etc., 4 Ordinance Amending KCC 15.02, 15.04 and 15.08 11 afe4 et .ff in which only ffietef 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 6 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Distncts Key P - Pnnapally Permitted Uses S- Special Uses ConditionalC=Uses C �„ C v C e C Cz° q " e (7 q q as A=Accessory Uses P v v v v v v v v v v v v v A A A A One single-family dwelling per lot P P P P One duplex per lot (27) (27) (27) P P P P P P P P P P P P One modular home per lot Duplexes P P P P P P P P P 22) P P P P P P P P P P P P P P P Multifamily townhouse units (27) (27) (27) fhl1 20 f1'1 (20) (2) C (2) (51 P P P P P P P P P P P P Multifamily dwellings (26) (25) (2) (4) C (2) (5) Mobile homes and P manufactured homes Mobile home parks P (r 5) P (r5) P (r 5) P (r5) P (r 5) P (r 5) P Group homes class -A P P P P P P P P P P P P P P P P P c P P P P c Group homes class -B P P P P P P P PP P c P P c c c Group homes class 11-4 c c 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 Uses Conditional C C m C C C C f�4 f�4 f�4 z q q Uses Us C ,��. ,��. as a A- Accessory Uses Group homes c c c c c c c c c c c c c c c c class 11-B Group homes c c c c c c c c c c c c c c c c class 11-C Group homes c c c c c c c c c c class III (26 (26 (aa (aa (2 (2 (2 (aa (2 (2 Secure community transition fsolid eS23 2" Rebuild/acres v I. I. I. I. I. I. I. I. I. I. I. I. I. I. sory uses for (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) existing dwellings P pp P P P P P P P P Transitional (29 (29 (29 (2) (4) (2) (2)) housing ) ) ) s 60 eo - 4� 4R} 4sA 4R} 4sA pew 9 9 9 9 9 9 9 Rooming and A A A A A A A A A A boarding conch more than three persons Farm workerA A A accommodati0 ns (12 (9) (12 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 ue ue ue L(01e L(01e (ie( ie(i e( ie( ieie ) 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 a � and guest no (io (io (io (io (io (m no no no (]¢ no 3 3 3 3 i1Il llIl 3 cotter ) ) ) ) ) ) ) ) ) ) } ) l l Accessory A A A A B -A -A A A A A A A A (14 (14 (14 (14 (AQ (AQ LL4 (14 (14 (14 (14 (14 (14 (14 7 Ordinance Amending KCC 15.02, 15.04 and 15.08 Key P = Principally Permitted Uses S= Special Uses Conditional o C .. C m C '" C e C m C f�4 " f�4 f�4 z q q •' Us Us es C ,��. ,��. as a =Accessory Uses living quarters ) ) ) ) l l 1 ) ) ) ) ) ) ) P Live work units (2e 1 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 Ddveln 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 P P P P P P P P P C C P Assisted living (25 (25 (25 (2) (a) (2) facilities ) ) ) C Residential C C C C C v v P4 v v v v v C C v facilities with (� (� (� (2) (4) (2) health care ) ) ) C (5) Designated P P P P P P P P P P P P P manufactured (25 (25 (2s (2s (25 (25 (25 (25 (2s (zs (zs (25 (2s home ) ) ) ) ) ) ) ) ) ) ) ) ) SECTION 6. - Amendment. Section 15.04.030 of the Kent City Code is hereby amended as follows: Sec. 15.04.030. Residential land use development conditions. 8 Ordinance Amending KCC 15.02, 15.04 and 15.08 14 15 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. Accessorybuildings 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. Accessory structures composed of at least two walls and a roofF 9 Ordinance Amending KCC 15.02, 15.04 and 15.08 not including accessory uses or structures customarily appurtenant to aoricultural 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 �rinciallpermitted 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]. 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. 10 Ordinance Amending KCC 15.02, 15.04 and 15.08 16 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 t4e–an MR -T zone shall be recorded as townhouses with ownership interest, as defined in KCC 15.02.525.1, prior to approval of a certificate of occupancy by the city. 21. t ro—KCc 15 08 1 rReservedl. 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 17 IN 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 reasonably visually distinguish and recognize individuals. For the purposes 12 Ordinance Amending KCC 15.02, 15.04 and 15.08 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 19 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, 2007, 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. 29. Subject to the maximum permitted density of the zoning district. 15 Ordinance Amending KCC 15.02, 15.04 and 15.08 22 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. 16 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Districts y 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 Manufacturing, S P P P P P processing, 3) Z Z Z Z Z blending, and 3) 3) 3) 3) 3) C packaging of (�) food and beverage products Manufacturing, P P P P P P processing, C blending, and (�) packaging of drugs, pharmaceuticals toiletries, and cosmetics Manufacturing, P P P P P P P processing, C blending, and (�) packaging of dairy products and byproducts Industnal P P P P P laundryand Z dyeing 9) C (Including linen (3 supply and o) diaperservices) Printing, P P P C P P P P publishing, and f2 C allied industries �) (r) Chemicals and C C C C related products (4) (4) (4) (r) Mfg Contractor P (5) P (5) C P c shops 3) D Custom P P P P parts and crafts C 16 Ordinance Amending KCC 15.02, 15.04 and 15.08 23 17 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Districts Key P - Pnnapally Permitted Uses S- Special Uses C- Conditional Uses A - Accessory Uses w rc rc rc rc rc rc rc rc rc x 0 0 0 U U U 2 2 2 Z U 0 0 products mfg. (r) Computers, P P office machines, (e) (e) and equipment Mfg Manufacturing P P P P P P and assembly of (e) (e) C elecncal (�) 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 (e) (e) Z Z Z Z electronic and 5) 5) 5) 5) electrical C (�) devices, and automotive, aerospace, missile, airframe, and similarproducts n n A A A A A A A A A A A A Hazardous (7) (7) (e) (e) (e) (e) (7) (7) (7) (7) (r (r (r (r substance land 2) 2) 2) 4) uses s) Offices A A A A A A A A P P P P P P incd ental and necessary to the conduct of a principally permitted use P P P P P P P Warehousing Z (r (r (r (r (r Z and distribution 2) 6) 6) 6) 6) 6) 4) facilities C (6 r) C (�) C C C P D Rail -truck fr fr (r (r fr transfer uses 3) ]) ]) e) C C (1) 17 Ordinance Amending KCC 15.02, 15.04 and 15.08 24 18 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Districts Key P = Pnnapally 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 UU U U U 2 Z U .. Outdoor storage P P A A A c P (including truck, A c heavy equipment, and contractor storage yards as allowed by development standards, KCC 15 04.190 and 15 04 195) Miniwarehouses c P P c self storage �� 9) 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 (�) day products (beck, tile, or pipe)or porcelain products Manufacturing c P of machinery c and heavy (�) machine tool equipment for general industry and mining, agricultural, cc nstruction, or service 18 Ordinance Amending KCC 15.02, 15.04 and 15.08 SECTIONS. -Amendment. Section 15.04.050 of the Kent City Code is hereby amended as follows: Sec. 15.04.050 Manufacturing land use development conditions. 19 Ordinance Amending KCC 15.02, 15.04 and 15.08 25 Zoning Districts Key P = Pnnapally 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 UU U U U 2 Z U .. Industnes Manufacturing, v v v processing, Z o) (� o) C O) assembling, and packaging of 6) M 6) M articles, () [(0) produet5, Or e) e) merchandise made from previously prepared natural or synthetic materials Manufacturing, v v v v processing, Z 6) Z 6) Z 6) Z 6) treating , (2 (2 (2 c assembling, and M M M (1) packaging of articles, products, or merchandise from previously prepared ferrous, nonferrousor 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 (y Ct Ct Ct (9) (9) (1 (1 (1 (1 (1 (9) (9) (9) (6) (6) (6) (6) tLk1 ])y) 2) 2) 2) 6) 6) 6) 6) 6) es customarily j2 appurtenant to a permitted use Impound lots C C (1) SECTIONS. -Amendment. Section 15.04.050 of the Kent City Code is hereby amended as follows: Sec. 15.04.050 Manufacturing land use development conditions. 19 Ordinance Amending KCC 15.02, 15.04 and 15.08 25 26 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: 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. 20 Ordinance Amending KCC 15.02, 15.04 and 15.08 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: 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. operations. V. Slaughtering, stockyard, feedlot, dairy, and similar 21 Ordinance Amending KCC 15.02, 15.04 and 15.08 27 M 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. 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. 22 Ordinance Amending KCC 15.02, 15.04 and 15.08 2. [Reserved]. 29 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. 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. 23 Ordinance Amending KCC 15.02, 15.04 and 15.08 30 8. For permitted uses, hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of 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. 11. Including transportation and transit terminals with repair and storage facilities, and rail -truck statioi+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 24 Ordinance Amending KCC 15.02, 15.04 and 15.08 31 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. 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, 11miniwarehouses" 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 25 Ordinance Amending KCC 15.02, 15.04 and 15.08 32 other storage area in a private residence. No occupant may use a miniwarehouse 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. 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. 26 Ordinance Amending KCC 15.02, 15.04 and 15.08 apply. 33 g. Signs. The sign requirements of Chapter 15.06 KCC shall 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. 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 plannft—economic 27 Ordinance Amending KCC 15.02, 15.04 and 15.08 34 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. 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, or garage sales. ii. The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment. 28 Ordinance Amending KCC 15.02, 15.04 and 15.08 35 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. 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, fas must be retail or pedestrian -oriented. Pedestrian -oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops, and book shops; 29 Ordinance Amending KCC 15.02, 15.04 and 15.08 36 b. Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; C. Repair services, including but not limited to television, radio, computer, jewelry, and shoe repair; d. Food -related shops, including but not limited to restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to law offices and consulting services; and g. Any other use that is determined by the 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. 30 Ordinance Amending KCC 15.02, 15.04 and 15.08 37 —��—TfGowe Y V A 4/ W � y M yyy yyy A 6k9 �F w i b A µ W°p I r ry ^y '�, AAfi11��0 �Wwi�IN IUW�BiIMEI� IuB�00�RI�OMIxWu 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. 31 Ordinance Amending KCC 15.02, 15.04 and 15.08 m 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). 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 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 sub iect to the provisions of KCC 15.08.160. 32 Ordinance Amending KCC 15.02, 15.04 and 15.08 SECTION 9. - Amendment. Code is hereby amended as follows: uses. 39 Section 15.04.060 of the Kent City Sec. 15.04.060. Transportation, public, and utilities land 33 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Districts Key P = Pnnapally Permitted Uses S= Special Uses C= Conditional Uses A = Accessory Uses O F F U£ 2 d U w U U (7 K K K K K K rc rc K K K x U U U U F F U U 2 Z U 0 0 Commercial c c c c c paring IOG or structures Transportation c c CC 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 (r (r (r (r (r (r (r (r (r (r (r (r (r (r (r (r (r (r (r (r (r (r (r (r (r (r (n) (s) 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. 33 Ordinance Amending KCC 15.02, 15.04 and 15.08 ",pally annitted Uses = Special Uses = Conditional Des = Accessory EM rc rc rc rc K K K K K K x o 01, 1, F F o U U o 2 2 2 2 Z U 0 0 2 2 2 U U U' M M 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, (9 (9 (9) (9 (9) (9 (9 (9) (9 (9) (9 (9) (9 (9) (9 (9) (9 (9) (9 (9 (9 (9 (9 (� police stations, 9 libraries, and administrative offices of governmental agencies, pdmaryand secondary schools, vocational schools, 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 andfsadddfsfeD Ll ll ll ll ll =.fructans 1 21 tt"i 1 customarily appurtenant to a permitted use Veireless v v v v v v v v v v v v v v v v telecommuniCat (2) (2) (2) (2) (2) (2) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) ions facility (3) (3) (a) (a) (a) (3) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (V F) by administrative approval VerelessC C C C C C C C C C C C C C C C C C C C C C C C C [elecommunICat (5) (5) (e) (e) (e) (e) (e) (e) (e) (e) (5) (5) (5) (e) (5) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) Ions facility (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (V F)by cc nditional use Permit Rapid char9in9 A A A (1 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 o) 0) 0) 0) (1 o) (1 o) (1 o) (1 o) (1 (1 o) o) (1 o) (1 o) (1 o) SECTION 10. - Amendment. Section 15.04.065 of the Kent City Code is hereby amended as follows: Sec. 15.04.065. Transportation, public, and utilities land use development conditions. 34 Ordinance Amending KCC 15.02, 15.04 and 15.08 A A A A A A A A A charging [tVtion (9A)A)A)A)AA)(9 (9 (9 (9) (9 (9) (9 (9 (9) (9 (9) (9 (9) (9 (9) (9 (9) (9 (9) (9 (9 (9 (9 (9 (� 9 Rapid char9in9 A A A (1 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 o) 0) 0) 0) (1 o) (1 o) (1 o) (1 o) (1 (1 o) o) (1 o) (1 o) (1 o) SECTION 10. - Amendment. Section 15.04.065 of the Kent City Code is hereby amended as follows: Sec. 15.04.065. Transportation, public, and utilities land use development conditions. 34 Ordinance Amending KCC 15.02, 15.04 and 15.08 41 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. 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. 35 Ordinance Amending KCC 15.02, 15.04 and 15.08 42 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 agricultural uses, are sub iect to the provisions of KCC 15.08.160. SECTION 11. - Amendment. Section 15.04.070 of the Kent City Code is hereby amended as follows: Sec. 15.04.070. Wholesale and retail land uses. 36 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Districts Key P = Pnnapally Permitted Uses S= Special Uses C= Conditional Uses A = Accessory Uses rc rc rc rc i u U s rc rc rc rc rc rc rc Z U U u 2 2 U U 2 Z U 0 0 2 2 2 U U U' 2 2 Bakeries and v v v v v v confectioneries Wholesale v v bakery Bulk retail v v v v v v v (Pb) (26) (1) (i) Recycling centers c v 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 wall paper(retail) 36 Ordinance Amending KCC 15.02, 15.04 and 15.08 43 37 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Districts Key P = Pnnapally Permitted Uses S= Special Uses C= Conditional Uses A = Accessory Uses rc rc rc rc i u U s rc rc rc rc rc rc rc u U U u 2 2 U U 2 Z U 0 0 2 2 2 U U U' 2 2 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 vv v v v v v s v s convenience (1 1) (12) (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 marine (r6) accessories (retail) Gasoline service s SS 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) Eating and v v v v v v v v v v v v v drinking (1 1) (5) establishments (no drive- through) Eating and s c v s v drinking (6) (r) (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) (2 0) (24) (24) (20) (20) businesses (commercial/retail —otherthan 4 eating/dunking establishments) Miscellaneous vv v v v v v v v A retail Drugs (r 1) (e) antiques, books, sporting goods, jewelry, tionst, 37 Ordinance Amending KCC 15.02, 15.04 and 15.08 SECTION 12, - Amendment. Section 15.04.080 of the Kent City Code is hereby amended as follows: 38 Ordinance Amending KCC 15.02, 15.04 and 15.08 M Zoning Districts Key P = Pnncipally Permitted Uses S= Special Uses C= Conditional Uses A = Accessory Uses rc rc rc rc i u U s rc rc rc rc rc rc rc u U U u 2 2 U U 2 Z U 0 0 2 2 M U U U' 2 2 photo supplies, video rental, computer supplies, etc Liquorstore P P ( 1D P P P P P P P P Farts supplies, P P P hay, grain feed, fencing, etc. (retail) Nursenes, P P P P greenhouses, garden supplies, tools, etc Pet shops (retail P P P P and grooming) Computers and P P P P P P electronics (retail) Hotelsand PP P P P P P P motels (1 1) (25) Complexes which P P include combinations of uses, including a mioff re 0f0xce, light manufacturing, storage, and commercial uses Outdoor storage P PA A A A P (Including truck (19) (1 9) (19) (19) (19) (19) (19) heavy equipment, and contractor storage yards as allowed by development standards, UPC 15 04.190 and 15 04 195) Accessory uses A A AA A A A A A A A A A A A A A A A A A A A A A A A and pRWdNig6 (9) 1271 (_j) 1271 1271 (ib (16) (1]) (1 ]) (1]) (1]) (1 ]) (16) (1b (16) structures customarily appurtenant to a permitted use Agriculturally c related retail (21) Battery exchange s s AA A A A s s s s s s A station (2e) (2e) (2e) (2e) (23) (2e) (2e) (23) (2e) (23) (23) (23) (23) (23) SECTION 12, - Amendment. Section 15.04.080 of the Kent City Code is hereby amended as follows: 38 Ordinance Amending KCC 15.02, 15.04 and 15.08 M 45 Sec. 15.04.080. Wholesale and retail land use development conditions. 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. 39 Ordinance Amending KCC 15.02, 15.04 and 15.08 7. Drive-through restaurants, only if located in a building having at least two stories. 8. Accessory uses are only allowed in cases where development plans demonstrate a relationship between these uses and the principal uses of the property. 9. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 10. Retail uses operated in conjunction with and incidental to permitted uses, provided such uses are housed as a part of the building comprising the basic operations. 11. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, must be retail or pedestrian -oriented. Pedestrian -oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops, and book shops; b. Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; 40 Ordinance Amending KCC 15.02, 15.04 and 15.08 47 C. Repair services, including but not limited to television, radio, computer, jewelry, and shoe repair; d. Food -related shops, including but not limited to restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to law offices and consulting services; and g. Any other use that is determined by the 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. d_ uurwi tl OwYu:wc' ReEaWSesvwie Area 41 Ordinance Amending KCC 15.02, 15.04 and 15.08 EM 12. Retail convenience grocery sales are allowed in conjunction with a gasoline service station as a special permit use subject to the development standards listed in KCC 15.08.020. 13. Retail sales are limited to tires, batteries, and accessories for industrial vehicle and equipment, except in the M1 -C zoning district where retail sales of tires, batteries, and accessories are allowed for industrial or personal vehicles and equipment. 14. [Reserved]. 15. [Reserved]. 16. Includes incidental storage facilities and loading/unloading areas. 42 Ordinance Amending KCC 15.02, 15.04 and 15.08 c�we Y V A 4/ W � yyy yyy A 6k9 �F w m i b A µ r ry ^y '�, AAfi11��0 IWwI�IN IUW�BiIMEI� IuB�00�RI�OMIxWu 12. Retail convenience grocery sales are allowed in conjunction with a gasoline service station as a special permit use subject to the development standards listed in KCC 15.08.020. 13. Retail sales are limited to tires, batteries, and accessories for industrial vehicle and equipment, except in the M1 -C zoning district where retail sales of tires, batteries, and accessories are allowed for industrial or personal vehicles and equipment. 14. [Reserved]. 15. [Reserved]. 16. Includes incidental storage facilities and loading/unloading areas. 42 Ordinance Amending KCC 15.02, 15.04 and 15.08 17. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. 18. [Reserved]. 19. Reference KCC 15.07.040(6), 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 PFedueesproducts, 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(6) shall apply, except that subsection (13)(3) shall not apply. 24. Drive-through/drive-up businesses are permitted only under the following conditions: 43 Ordinance Amending KCC 15.02, 15.04 and 15.08 50 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 includinrp accessory uses or structures customarily- appurtenant to agricultural uses are subiect to the provisions of KCC 15.08.160. SECTION 13, - Amendment. Section 15.04.090 of the Kent City Code is hereby amended as follows: 44 Ordinance Amending KCC 15.02, 15.04 and 15.08 51 Sec. 15.04.090 Service land uses. 45 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Districts Key P = Pnnapally Permitted Uses S= Special Uses C= Conditional Uses A = Accessory Uses 1? 19O F F 2 Z U 0 0 2 2 2 U U U' 2 2 2 Finance, v v v v v v v v v v v v insurance, real (22) (1) (2) estate services (12) Personal v v v v v v v v v v pp services: (22) (12) (10) (10) (2) Laundry, dry (10) cleaning, barber salons, shoe repair, launderettes Mortuanes v v v (Pi2) Home day- Care P P P P P P P P P P P P P P P P P P P P P P P P P P P P 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) ReHal and v v v v v v v leasing (2) seN Cesfor Cars, trucks trailers, furniture, and tools Auto repair c v v v v v v and washing (21) services (23) (including body work) Repair v v v v v v v v v 45 Ordinance Amending KCC 15.02, 15.04 and 15.08 52 46 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Districts Key P = Pnncipally Permitted Uses S= Special Uses C= Conditional Uses A = Accessory Uses 'N Y s w rc rc rc rc rc rc rc rc rc rc rc x U UU U U U _ 2 Z U .. Se Nices: (12) (2) Watch, TV, ett ical, electronic, upholstery Professional P P P P P P P P P P services (20) (2) Medical, tinics,and other health care -related services IP Heavy P P P c P equipment and (9) truck repair Contract P P P P P P P construction (16) (16) (n) (n) (2) service offices (17) Building cc nstruction, plumbing, paving and landscaping Educational P P P P P P P P P 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 P P P P P P c P P P P P and (12) (2) professional off ces— general Municipal uses P P P P P P P P P P P P P and buildings (i a) (13) (13) (13) (13) (13) (13) (13) (13) (13) (2) (13) 13) Research, P c P P P P P P P development, (2) (14) and testing Accessory A A A A A A A A A A A A A A AA A A A A A A A A A A A uses and (]) 42A) 4"j 42A) 4"j (1 e) (ie) (19) (19) (19) (19) (19) (ie) (ie) (ie) St u_[ turl- customarily ap purtenant to a permitted use Boarding c c c kennels and breeding establishments 46 Ordinance Amending KCC 15.02, 15.04 and 15.08 53 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 characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis. 47 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Districts Key P = Pnnapally Permitted Uses S= Special Uses C= Conditional Uses A = Accessory Uses 'N Y U U F F U 2 U _ Q Q N N N N N £ Z U , , Veterinary c v v v v v clinics and (e) (e) (e) (e) (e) 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 characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis. 47 Ordinance Amending KCC 15.02, 15.04 and 15.08 3. [Reserved]. 54 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]. 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 48 Ordinance Amending KCC 15.02, 15.04 and 15.08 55 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 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. 49 Ordinance Amending KCC 15.02, 15.04 and 15.08 56 0i'loffouiV Hoor Roll unl/,Svr iaao Ami. 111"Naa fir.+nut&tl "", Jd' Jdtit."j'. 4 " kt.IpAiltd 13. Except for such uses and buildings subject to KCC 15.04.150. 50 Ordinance Amending KCC 15.02, 15.04 and 15.08 owu101 � h � M � � � N r W � II�M4�J�l�QO I� 13. Except for such uses and buildings subject to KCC 15.04.150. 50 Ordinance Amending KCC 15.02, 15.04 and 15.08 57 14. Conducted in conjunction with a principally permitted use. 15. [Reserved]. 16. Contract construction services office use does not include contractor storage yards, which is a separate use listed in KCC 15.04.040. 17. Outside storage or operations yards are permitted only as accessory uses. Such uses are incidental and subordinate to the principal use of the property or structure. 18. Includes incidental storage facilities and loading/unloading areas. 19. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. 20. Shall only apply to medical and dental offices and/or neighborhood clinics. 21. Auto repair, including body work, and washing services are permitted only under the following conditions: a. The property is also used for heavy equipment repair and/or truck repair; and b. Gasoline service stations that also offer auto repair and washing services are not permitted in the M3, general industrial zoning district. 51 Ordinance Amending KCC 15.02, 15.04 and 15.08 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 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 52 Ordinance Amending KCC 15.02, 15.04 and 15.08 M 59 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. Accessory structures composed of at least two walls and a roof not including accessory uses or structures customarily ppurtenantto agricultural uses, are sub iect to the provisions of KCC 15.08.160. SECTION 15. - Amendment. Section 15.04.110 of the Kent City Code is hereby amended as follows: Sec. 15.04.110. Cultural, entertainment, and recreation land uses. 53 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Distncts Key P = Pnnapally Permitted Uses S= Special Uses C= Conditional Uses A = Accessory Uses rc xa rc rc rc u s rc rc rc rc rc rc rc u u Q Q N N N N N£££££££ Z 0 0 0£££ U U 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, dnveln 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 53 Ordinance Amending KCC 15.02, 15.04 and 15.08 MUM M1 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 54 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Distncts Key P = Pnnapally Permitted Uses S= Special Uses C= Conditional Uses A = Accessory Uses O f f U' £ 2 W K U U W U U 2 Z U 0 0 2 2 2 U U U' 2 2 2 courses, and other recreation facilities, including buildings or JA structures associated therewith Employee recreation areas A A A Private dubs, fraternal c c c c c c c c c c c c c c c c c v c v c c v c c c c lodges, etc (5) (5) (5) Recreational vehicle 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 4sugle"A"siruclurl- u u u u u customarily appurtenant to a permitted use Recreational buildings in A MHP M1 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 54 Ordinance Amending KCC 15.02, 15.04 and 15.08 61 must be retail or pedestrian -oriented. Pedestrian -oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops, and book shops; b. Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; C. Repair services, including but not limited to television, radio, computer, jewelry, and shoe repair; d. Food -related shops, including but not limited to restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to law offices and consulting services; and 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, Use interpretations. 55 Ordinance Amending KCC 15.02, 15.04 and 15.08 62 —��—TfGowe .. ..... . . ... . . ........ V J'Z" .... . b if 4. [Reserved]. 5. Business, 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. 56 Ordinance Amending KCC 15.02, 15.04 and 15.08 63 10. Accessory structures composed of at least two walls and a roof not including 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. 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. 57 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Districts Key P = Principally Permitted Use S = Special Uses C = Conditional Uses A = Accessory Uses N p N O N M V b M O F F U' F 2 d .i N N U Q Q M M M M M F F F F i i i 2 U 0 a 0 F F z F U U U' f z f f f 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 brrikkrrc tricM1 ries (1 L41 L41 Loi Loi customarily appurtenant to L9i 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. 57 Ordinance Amending KCC 15.02, 15.04 and 15.08 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 least two walls and a roof not including accessory uses or structures customarily- appurtenantto agricultural uses are subiect to the provisions of KCC 15.08.160. SECTION 19. - Amendment. Section 15.08.160 of the Kent City Code is hereby amended as follows: Sec. 15.08.160. Accessory buildings. A. An accessory building can be located anywhere on a lot if it conforms with the setbacks required by this title for a principal building. In the rear one-half (hof a lot the accessory building can be built to within two f2 -)—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.. , afe- sen n . 58 Ordinance Amending KCC 15.02, 15.04 and 15.08 B. Guestheuse accessory buildings shall be located on the FeaF hal the building—srk-e—.There shall be not more than one (1) gues'"euse guest cottage or accessory dwelling unit_on any one Lot . The guest cotta he rear half of the lot unless determined to be infeasibledue tolot shape e house placement or other � factors as approved by_the Aarimncte r6c and coirnirniginit neirft L ..... �gjjLU ------------------------ Y_[,L(4K(4jQj2R ----- Airector. Accessory dwelling units are also subiect to the provisions of KCC 15.08.350. C. The combined footprint of all accessory buildings on a lot shall not exceed 15 percent of the lot area. D. Accessory E. Accessory building. F. Accessory visually compatible with the principal building by meeting 11 of the following., 1. The exterior finish material must be the same or match the exterior finish material of the principal building, in type, size and placement; 59 Ordinance Amending KCC 15.02, 15.04 and 15.08 65 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„ -and. 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 15.08.350 of the Kent City Code is hereby amended as follows: Sec. 15.08.350. Accessory dwelling unit regulations. A. Intent. The city provides these accessory dwelling unit regulations for the following purposes: 1. The 1993 Washington Housing Policy Act requires cities with P-0 pulations in excess of 20 000 to implement regulations that encourage the development 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. ur ea ",cep armee-the-b by afe few, . e 60 Ordinance Amending KCC 15.02, 15.04 and 15.08 67 1-2. To make homeownership more affordable because it will be easier to buy both new and existing homes with the help of an accessory apa: rtrrwientdweIIIIiiirng—girniit. . To provide more options for different household types (single eo le older people er�ople with disabilities and others). e t , �4 ke—e� ear 6. e—t !iMMERIG �3t 5�. To make better use of existing public investment in streets, transit, water, sewer, and other utilities. B. Standards and criteria. 1. One ADU per detached single-famil dwelling unit is allowed- within all residential zones, -- 61 Ordinance Amending KCC 15.02, 15.04 and 15.08 M0 it -y. There shall be not more than one guest cottage or ADU on any one lot. 2. An ADU may be established +ft -within or as an addition to a new or existing single-family dwelling by GFeating the unit within additien to the dwelling,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. Detached ADUs are subiect to the provisions of KCC 15.08.160. 3. The ADU, as well as the iiaa+st-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 st —ia--the requirements of all building, plumbing, electrical, mechanical, fire, health, and any other applicable codes. When there are practical difficulties involved in carrying out the provisions of this section, the building official may grant modifications for individual cases pursuant to the International Building Code, the International Residential Code, or other applicable building codes, as subsequently amended or recodified. 5. One of the dwelling units shall be ewneFowner-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°, #This covenant must be recorded in the , eeords-ef-the King County Aud4teF. 62 Ordinance Amending KCC 15.02, 15.04 and 15.08 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 ewrgeF eeeupfedowner occupied for ffKw-(—thanat least six {6} -months in an iven c alendar 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-family stFuetuFe dwellina shall be limited by the existing StFres dwelling's applicable zoning requirements. An ADU incorporated tff-into the construction of a new single-family 4ease-dwellina shall be limited to #er-ty {40} percent of the principal dwelling unit. 8. 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 is 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 tk+s 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 My450} percent of the size of the principal unit. 63 Ordinance Amending KCC 15.02, 15.04 and 15.08 70 105. 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 p{ economic and community development department shall determine the application requirements for an ADU permit. 123. ADUs existing prior to the adoption of 4etrA-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. Sed--pProperty owners subject to this subsection have e -one {}year pefied-from the effective date of this toe acceSSeFy "eusing ordinance is adopted in which to apply for an ADU permit, after which time such all affected property owners eatrmay-be subject to fines and penalties established in this title. 13-1-. Adjaeertt-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 planninfteconomic and community development director dep�fnmeigt-to grant an ADU permit is non -appealable by the neighbors of the permit holder. SECTION 21, - Severability. 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. 64 Ordinance Amending KCC 15.02, 15.04 and 15.08 71 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 APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2015. 65 Ordinance Amending KCC 15.02, 15.04 and 15.08 APPROVED: day of 12015. 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. P'. \CMnOrdlnenaewmend 15 0215 04 and 15 06 FINAL.doc: RONALD F. MOORE, CITY CLERK 66 Ordinance Amending KCC 15.02, 15.04 and 15.08 72 73 ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 T 220 Fourth Avenue S. WASH IM 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 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 Addendum 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 74 Addendum 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 75 Addendum 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%2015WU_Ordinance_addendum—RPSAQ153326.doc Page 4 of 4 76 Planning ServiceJ7 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 ®c®list 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-213 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 g F jogaffi Signature of Responsible B. COMM 10 ! (a 65' Date C TYPE OF PERMIT OR ACTION REQUESTED: Zoning code amendment D. ZONING DISTRICT: City-wide 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 0 F! 5 Contact Person: Hayley Bonsteel Telephone: 253-856-5441 (Note that all correspondence will be mailed to the applicant listed above.) Applicant is (owner, agent, other): Name of Legal Owner: Mailing Telep W Location. Give general location of proposed project (street address, nearest intersection of streets and section township and range). City-wide; all zoning districts a. 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 79 City of Kent Planning Services Environmental Checklist — Page 3 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 80 City of Kent Planning Services Environmental Checklist — Page 4 directly affecting the property covered by your proposal? If yes, explain. n/a City of Kent Planning Services Environmental Checklist — Page 5 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. a EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist — Page 6 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. 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 82 EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist — Page 7 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 surface waters? If so, describe the type of waste and anticipated 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): 83 EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist — Page 8 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 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? EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist — Page 9 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 85 EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist — Page 10 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: EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist — Page 11 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 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 in various zones Approximately how many people would reside or work in the completed project? 87 EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist - Page 12 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 88 EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist — Page 13 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 89 EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist — Page 14 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 90 EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist—Page 15 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 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. 91 EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist — Page 16 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. 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. 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 92 EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist — Page 17 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) 93 EVALUATION FOR AGENCY USE ONLY 95 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director � tMPhone: 253-856-5454 ENTFax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 November 9th, 2015 TO: Chair Bill Boyce and Economic & Community Development Committee FROM: Hayley Bonsteel, Long Range Planner/GIS Coordinator RE: Zoning Code Amendments — Meeker Street Design Guidelines For November 9th, 2015 Meeting MOTION:: Recommend approval/denial/modification of the ordinance amending 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. 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. 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, to the proposed ordinance expands the Downtown Design Guidelines from 64th Avenue South to Kent -Des Moines Road along Meeker Street. Projects within the corridor will be subject to the Downtown, Multifamily and Mixed Use Design Guidelines. At the October 26th 2015 Land Use and Planning Board public hearing, the Land Use and Planning Board recommended approval of the amendments. EXHIBITS: Draft Ordinance, SEPA Addendum BUDGET IMPACT: None HB:pm S:\Permit\Pyan\Z0A1NG CODE AMENDMENTS\2015\ZCA-2015-5 Meeker St Design Guidelines\ECDC PACKET\110915 ECDC Meeker Guidelines Memo.docx End Ordinance, SEPA Addendum cc: Ben Wolters, Economic & Community Development Director Charlene Anderson, AICP, Long Range Planning Manager 97 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending sections 15.04.195, 15.04.200 and 15.09.046 of the Kent City Code, related to design standards for the Meeker Street Corridor from 64th Avenue South to Kent -Des Moines Road. (ZCA-2015-5). RECITALS A. On June 17, 2014, the City Council passed Ordinance No. 4116, amending Section 15.09.046 of the Kent City code, pertaining to downtown design review, and adopting the Kent Downtown Design Guidelines, to serve as a way to shape development downtown to be more welcoming and pedestrian -friendly. B. On August 19, 2014, through Resolution No. 1896, the City Council adopted the 2015-2020 Economic Development Strategic Plan for the City of Kent ("Plan"). The Plan includes key strategies for place -making and gateways, including beautifying streetscapes and strengthening sense of place to help encourage quality development. C. Meeker Street is a key corridor and gateway to Kent with acres of redevelopable land including 40 acres owned by the City, making it a unique opportunity to implement the economic development goals of 1 Amend KCC 15.04 and 15.09 - Re. Meeker Street Design Guidelines the Plan and shape perceptions of Kent as travelers enter the City from Kent -Des Moines Road. D. In 2015, City staff began an interdepartmental effort to redevelop Meeker Street, calling the project "Meet Me on Meeker." Staff conducted outreach to businesses, agencies and residents along Meeker Street and engaged consultants in a workshop designed to create a vision for Meeker Street. This vision will be used going forward to guide the project. E. In order to protect the public's interest in quality development along Meeker Street and as an interim measure before implementation of the vision for Meet Me on Meeker, staff proposed to expand the downtown design guidelines to include the area along Meeker Street from 64th Avenue South to Kent -Des Moines Road. After holding a public hearing on October 26, 2015, the Land Use and Planning Board ("LUPB") recommended approval of the staff proposal. F. On October 15, 2015, the City's State Environmental Policy Act (SEPA) responsible official issued an Addendum to the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action Environmental Impact Statement (EIS) (#ENV -2010-3) and to the City of Kent Downtown Subarea Action Plan Planned Action Supplemental Environmental Impact Statement (SEIS) (#ENV -2012-30) (the "SEPA Addendum"). The SEPA Addendum concluded there were no new significant adverse environmental impacts associated with adoption of proposed amendments to the Kent City Code that would extend multifamily, mixed use and downtown design guidelines to zoning districts along the Meeker Street Corridor between 64th Avenue South and Kent -Des Moines Road, and would designate that portion of Meeker Street a Class B Pedestrian Street for purposes of applying downtown design guidelines. 2 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines G. On November 2, 2015, the State Department of Commerce confirmed that the City had met the Growth Management Act notification requirements contained in RCW 36.70A.106 for the proposed amendments. H. The Economic and Community Development Committee considered the proposed amendments and the LUPB's recommendation on November 9, 2015, and recommended to the full City Council adoption of the proposed code amendments. I. At its regularly scheduled meeting on November 17, 2015, the City Council voted to adopt the proposed amendments to the Kent City Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 15.04.195 of the Kent City Code, entitled "Commercial and industrial land use zone development standard conditions," is amended as follows: Sec. 15.04.195. Commercial and industrial land use zone development standard conditions. 1. Minimum lot of record or 5,000 square feet, whichever is less. 2. None, except as required by landscaping, or if off-street parking is provided onsite. See the downtown design review criteria outlined in KCC 15.09.046. 3 Amend KCC 15.04 and 15.09 - Re. Meeker Street Design Guidelines 100 3. No minimum setback is required. If a rear and/or side yard abuts a residential district, a 20 -foot setback may be required for any yard abutting a residential district. See the downtown design review criteria outlined in KCC 15.09.046. 4. [Reserved]. 5. The minimum front yard setback shall be related to the classification of the adjacent street. This classification shall be determined by the city transportation engineer. The setbacks are as follows: a. Properties fronting on arterial and collector streets shall have a minimum setback of 20 feet. b. Properties fronting on local access streets shall have a minimum setback of 20 feet. 6. The minimum front yard setback shall be related to the classification of the adjacent street. This classification shall be determined by the city transportation engineer. The setbacks are as follows: a. Properties fronting on arterials and collector streets shall have a minimum setback of 40 feet. b. Properties fronting on local access streets shall have a minimum setback of 30 feet. 7. The front yard shall be 10 percent of the lot depth. Regardless of lot size, the yard depth need not be more than 35 feet. 4 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines 8. No side or rear yard is required, except when abutting a district other than NCC, in which case the yard shall be not less than five feet in width; provided, however, that if the abutting district or use is residential, then the yard shall be 10 feet in width and fully landscaped. 9. No side yard is required, except when abutting a more restrictive district, in which case the side yard shall be not less than 20 feet in width. 10. No side yard is required, except when abutting a residential district, in which case the side yard shall be not less than 20 feet in width. 11. [Reserved]. 12. The side yards shall have an aggregate width of 10 percent of the lot width, but the aggregate width need not be more than 40 feet. There shall be a minimum of 15 feet on each side. 13. The side yards shall have an aggregate width of 10 percent of the lot width, but the aggregate width need not be more than 30 feet. There shall be a minimum of 10 feet on each side. 14. The side yards shall have an aggregate width of 10 percent of the lot width, but the aggregate width need not be more than 25 feet. There shall be a minimum of 10 feet on each side. 15. [Reserved]. 16. [Reserved]. 5 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines 101 102 17. The minimum side yard on the flanking street of a corner lot shall be related to the classification of the adjacent street. This classification shall be determined by the city transportation engineer. The setbacks are as follows: a. Properties fronting on arterial and collector streets shall have a minimum setback of 40 feet. b. Properties fronting on local access streets shall have a minimum setback of 30 feet. 18. The side yard on the flanking street of a corner lot shall be at least 10 percent of the lot width, unless the 10 percent figure would result in a side yard of greater than 20 feet, in which case the side yard need not be more than 20 feet. 19. No rear yard is required, except when abutting a residential district, in which case the rear yard shall be not less than 20 feet in width. 20. No rear yard is required, except as may be required by other setback provisions of this section. 21. No rear yard is required, except as may be required by transitional conditions. 22. [Reserved]. 23. Transitional conditions shall exist when an industrial park M1 or M1 - C district and AG district adjoin a residential district containing a density of two dwelling units or more per acre or a proposed residential area 6 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes intervening use such as a river, freeway, railroad main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than 50 feet shall be provided. 24. Transitional conditions shall exist when an M2 district adjoins a residential district containing a density of two dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, freeway, railway main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than 50 feet shall be provided. 25. Transitional conditions shall exist when an M3 district adjoins a residential district containing a density of two dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, railroad main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than 50 feet shall be provided. 26. [Reserved]. 7 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines 103 27. [Reserved]. 28. [Reserved]. 29. Development in the M1 or M1 -C district and AG district abutting the Green River, or Russell Road or Frager Road where such roads follow the river bank, shall be set back from the ordinary high-water mark of the river a minimum of 200 feet. Such setbacks are in accordance with the state Shoreline Management Act of 1971, and shall be no more or less restrictive than the Shoreline Management Act. 30. The economic and community development director shall be authorized to grant one additional story in height, if during development plan review it is found that this additional story would not detract from the continuity of the area. More than one additional story may be granted by the land use and planning board. 31. The downtown design review requirements of KCC 15.09.046 shall apply. 32. No maximum height limit is required, except for parcels located within a downtown commercial enterprise — transitional overlay (DCE-T), where the height limit is 35 feet. See also the downtown design review criteria outlined in KCC 15.09.046. 33. [Reserved]. 34. [Reserved]. 8 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines 104 105 35. Beyond this height, to a height not greater than either four stories or 60 feet, there shall be added one additional foot of yard for each one foot of additional building height. The economic and community development director shall be authorized to approve one additional story, provided such height does not detract from the continuity of the industrial area, and may impose such conditions as may be necessary to reduce any incompatibility with surrounding uses. Any additional height increase may be granted by the land use and planning board. 36. Design review for mixed use development is required as provided in KCC 15.09.045(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 Maly for all uses in the CC CC MU and CC MU districts along the Meeker Street Corridor from 64th Avenue South to Kent -Des Moines Road. 37. The height limitation is two stories or 35 feet. Beyond this height, to a height not greater than either four stories or 60 feet, there shall be added one additional foot of yard for each two feet of additional building height. The economic and community gment director shall be authorized to approve one additional story, provided such height does not detract from the continuity of the industrial area, and may impose such conditions as may be necessary to reduce any incompatibility with surrounding uses. Any additional height increases may be granted by the land use and planning board. 38. [Reserved]. 39. Outdoor storage areas are prohibited 9 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines 106 40. Outdoor storage areas shall be fenced for security and public safety by a sight -obscuring fence unless it is determined through the development plan review that a sight -obscuring fence is not necessary. 41. Any unfenced outdoor storage areas shall be paved with asphaltic concrete, cement, or equivalent material to be approved by the city engineer. 42. [Reserved]. 43. Outside storage or operations yards in the M1 or M1 -C district and AG district shall be permitted only as accessory uses. Such uses are incidental and subordinate to the principal use of the property or structure. Outside storage or operations yards shall be confined to the area to the rear of the principal building or the rear two-thirds of the property and reasonably screened from view from any property line by appropriate walls, fencing, earth mounds, or landscaping. Outside storage exceeding a height of 15 feet shall be so placed on the property as to not detract from the reasonably accepted appearance of the district. 44. Outside storage or operations yards shall be confined to the area to the rear of a line which is an extension of the front wall of the principal building, and shall be reasonably screened from view from any street by appropriate walls, fencing, earth mounds, or landscaping. 45. Outside storage or operations areas shall be fenced for security and public safety at the property line. 46. Wherever feasible, drive-up/drive-through facilities shall be accessed from the rear of a site and run along an interior lot line or 10 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines 107 building elevation. Landscaping, sufficient to soften the visual impact of vehicle stacking areas, may be required. 47. Loading areas must be located in such a manner that no loading, unloading, or maneuvering of trucks associated therewith takes place on public rights-of-way. 48. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock -high loading areas from public rights-of-way. Berms shall be a minimum of 36 inches and a maximum of 42 inches in height. Landscaping located on the berm shall conform to type III landscaping as described in KCC 15.07.050. 49. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock -high loading areas from public rights-of-way. Berms shall be a minimum of 30 inches in height. Landscaping located on the berm shall conform to type III landscaping described in KCC 15.07.050 pertaining to visual buffers. 50. Development plan approval is required as provided in KCC 15.09.010. 51. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock -high loading areas from public rights-of-way. Berms shall be a minimum of 20 inches in height. Landscaping located on the berm shall conform to type III landscaping described in KCC 15.07.050 pertaining to visual buffers. 52. Where building walls face adjacent streets and are unfenestrated for more than 40 feet at any point along the facade, additional landscaping 11 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines m shall be required to reduce visual impacts. In such circumstances, type II landscaping, as defined in KCC 15.07.050, shall be required; provided, that evergreen trees shall be at least 10 feet in height and deciduous trees shall be a minimum of two-inch caliper at the time of planting. 53. Predominant activities and operations shall be completely enclosed within buildings or structures, except for customary appurtenances such as loading and unloading areas, or where special conditions are imposed pursuant to the approval of a conditional use permit. The economic and community development director shall be authorized to determine the reasonable application of this provision in cases of operational hardship or other showing of uncommon circumstances. 54. Multitenant buildings shall be permitted. 55. All required yards, parking areas, storage areas, operations yards, and other open uses on the site shall be maintained in a neat and orderly manner appropriate for the district at all times. The economic and community development director shall be authorized to reasonably pursue the enforcement of this subsection where a use is in violation, and to notify the owner or operator of the use in writing of such noncompliance. The property owner or operator of the use shall be given a reasonable length of time to correct the condition. 56. The performance standards as provided in KCC 15.08.050 shall apply. 57. Off-street parking may be located in required yards except in areas required to be landscaped. 12 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines 109 58. Those areas not required to be landscaped may be used for off- street parking. 59. [Reserved]. 60. Signage on commercial uses in the M1 -C zone shall be as specified in KCC 15.06.050(6). Signage on industrial uses in the M1 -C zone shall be as specified in KCC 15.06.050(H). 61. [Reserved]. 62. Parking should be located either next to or behind the building. Parking should not be placed between the street and the building. 63. A direct pedestrian connection shall be provided from the street to the building. 64. Screening by either an enclosure and/or evergreen landscaping shall be provided for mechanical equipment, service doors, and garbage areas. Rooftop equipment shall be enclosed with a parapet or similar design feature. 65. Structures shall be designed to maintain the residential character of the surrounding neighborhood. Modulating the building mass, adding dormer windows, covered entryways, or porches are ways to enhance the human scale and provide a residential dimension to structures. 13 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines 110 66. Minimum lot area requirements do not apply to multifamily development in the Kent downtown planning area identified in KCC 15.09.046. 67. Within the downtown commercial enterprise — transitional overlay (DCE-T), downtown design review guidelines regarding balconies and/or upper floor setbacks (sections III.B and III.C) are required elements, not optional elements. 68. No yard, except as required by landscaping, or if surface parking is provided onsite. See the Midway Design Guidelines and KCC 15.09.045. 69. The height limitation of new construction in MTC -1 zoning district abutting a residential district shall be 35 feet in height within 20 feet from the residential district and 45 feet in height within 40 feet from the residential district. 70. New construction shall conform to applicable Federal Aviation Administration regulations, including 14 C.F.R. Part 77, as presently constituted or as may be subsequently amended. 71. The transit -oriented community design review requirements of KCC 15.09.045 shall apply. 72. Design review for multifamily development is required as provided in KCC 15.09.045(D). SECTION 2, — Amendment. Section 15.04.200 of the Kent City Code, entitled "Mixed use overlay development standards," is amended as follows: 14 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines 111 Sec. 15.04.200. Mixed use overlay development standards. 15 Amend KCC 15.04 and 15.09 - Re. Meeker Street Design Guidelines Overlay Districts GC -MU CC -MU Floor area ratio Not applicable 0.40 for commercial uses. 0.50 for commercial uses combined with residential uses; provided, that commercial floor area may be increased by one square foot for each square foot of residential floor area provided up to a maximum commercial FAR of 0.5. 1.0 for residential uses; provided, that residential FAR may be increased by 0.5 if parking is provided below grade, up to a maximum of 1.5. Site coverage 0 percent for 40 percent for commercial commercial uses. uses. 60 percent for 60 percent for commercial commercial uses with uses with residential uses; residential uses; provided, provided, that 25 percent of the that five percent of the gross gross floor area is residential floor area is commercial use, use. except within the downtown area (as defined in KCC 15.09.046), where 25 percent of the gross floor area must be commercial use. Height e65 feet T -w e25 feet; provided, that basic heights may be increased up to the maximum height of 40 feet. (1) Front yard Zero feet; provided, that Zero feet; provided, that some some setback may be setback may be required in the required in the front yard to front yard to accommodate a accommodate a sidewalk sidewalk which shall be at least which shall be at least 10 feet 10 feet in width. in width. 15 Amend KCC 15.04 and 15.09 - Re. Meeker Street Design Guidelines 112 SECTION 3. — Amendment. Section 15.09.046 of the Kent City Code, entitled "Downtown design review," is amended as follows: Sec. 15.09.046. Downtown design review. A. Purpose and scope. 1. Downtown design review is an administrative process, the purpose of which is to implement and give effect to the downtown subarea action plan and its policies or parts thereof. The downtown design guidelines, as set forth in subsection (D) of this section, apply to all 16 Amend KCC 15.04 and 15.09 - Re. Meeker Street Design Guidelines Overlay Districts GC -MU CC -MU Rear and side Zero feet; provided, that Zero feet; provided, that yard setbacks of at least 20 feet setbacks of at least 20 feet will will be required in any rear or be required in any rear or side side yards that are adjacent yards that are adjacent to a to a residential zoning residential zoning district. district. Off-street parking The off-street parking Retail/office uses: four spaces requirements of Chapter per 1,000 square feet of floor 15.05 KCC shall apply. area. (2) Residential uses (3) Design review Design review requirements Design review requirements of of KCC 15.09.045(D) and (F) KCC 15.09.045(F) shall apply, and 15.09.046 shall apply, including application of the including application of the rnultifamily, mixed use and multifarnily, mixed use and downtown design guidelines of downtown design guidelines KCC 15.09.045(Ui, KCC of KCC 15.02.045(Di, KCC 15.09.045(F} dna KCC 15.09.045(F} dna KCC 15.09.046 for all uses in the CC - 15.09.046 for all uses in the MU averlay district slang the GC -MU overlay district along Meeker Street Corridor from the Meeker Street Corridor 64th Avenue South to Kent -Des from 64th Avenue South to Moines Road. Kent -Des Moines Road. SECTION 3. — Amendment. Section 15.09.046 of the Kent City Code, entitled "Downtown design review," is amended as follows: Sec. 15.09.046. Downtown design review. A. Purpose and scope. 1. Downtown design review is an administrative process, the purpose of which is to implement and give effect to the downtown subarea action plan and its policies or parts thereof. The downtown design guidelines, as set forth in subsection (D) of this section, apply to all 16 Amend KCC 15.04 and 15.09 - Re. Meeker Street Design Guidelines 113 development located within the downtown area, as shown on the map following this section. It is the intent of the city that this process will serve to aid applicants in understanding the principal expectations of the city concerning development in the downtown area and encourage a diversity of imaginative solutions to development through the review and application of the downtown design guidelines. These guidelines have been formulated to ensure that the design, siting, and construction of development will provide a quality pedestrian -oriented urban environment in a manner consistent with established land use policies, the comprehensive plan, and the zoning code of the city. 2. The adoption of the downtown design guidelines is an element of the city's regulation of land use, which is statutorily authorized. The downtown design review process adopted herein is established as an administrative function delegated to the city's #ha effleeeconomic and community develoRment department pursuant to RCW Title 35A. Therefore, in implementing the downtown design review process, the ptafteconomic and community development director may adopt such rules and procedures as are necessary to provide for review of proposed projects. 3. All development within the downtown area or within the CC CC 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 i3 Pedestrian Street, shall be subject to the provisions of this section. 17 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines 114 4. The downtown design review process is distinct from the multifamily design review process set forth in KCC 15.09.045. Applications for multifamily development within the DC, DCE, 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 sections, the provisions of this section shall prevail. B. Application and review process. The downtown design review process is administrative and is conducted as part of the permit review process. The applicant must make application for the design review process on forms provided by .p{ the economic and community development department. Upon receipt of an application for design review, the economic and community development director shall circulate the application to the appropriate city departments and offices for review. Prior to issuing a final decision, the director shall review any comments submitted for consideration. In the administration of this process, the department may develop supplementary handbooks for the public, which shall pictorially illustrate and provide additional guidance on the interpretation of the criteria set forth in the downtown design guidelines. C. Design review committee. There is hereby established the downtown design review committee, which shall make all final decisions on applications for downtown design review as described in the Kent downtown design guidelines. The committee shall be comprised of three {-3- members, who shall be appointed by the economic and community development director under the authority delegated 18 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines 115 pursuant to RCW Title 35A. The members shall serve at the pleasure of the director. The director shall, by administrative rule, establish the rules of procedure for the committee, which shall be made available to the public upon publication. D. Downtown design guidelines — Adoption. The downtown design review committee shall use the downtown design guidelines in the evaluation and/or conditioning of applications under the downtown design review process. The downtown design guidelines, entitled "Kent Downtown Design Guidelines," are hereby adopted by this reference as authorized pursuant to RCW 35A.12.140 and shall be placed on file in the offices of the city clerk and the economic and community develoVment department. E. Appeals. The decision of the downtown administrative design review committee to approve, approve with conditions, or reject any application under the downtown design review process is final unless an appeal is made to the hearing examiner within a F14� calendar days of either the issuance of the committee's approval or rejection of any application under this section. Appeals to the hearing examiner shall be conducted as set forth in Chapter 2.32 KCC. The decision of the hearing examiner shall be final, unless an appeal is made to the King County superior court, within 21� calendar days of the date of the issuance of the decision, pursuant to Chapter 36.70C RCW. 19 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines 116 Kent Downtown Area SECTION 4, — Severability. 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 5, — 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 6, — Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. 20 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines 117 SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 12015. APPROVED: day of 2015. PUBLISHED: day of 12015. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. RONALD F. MOORE, CITY CLERK p:\dvi1\ordinance\15 04 15 09 meeker street design guidelines dag 110415.docx 21 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines 118 119 ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 KENT 220 Fourth Avenue S. WA..In.r.- 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 — 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 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. 120 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 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 4 121 122 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\2015\Downtown—Design Sta nda rd s_ad den d u m—.doc Page 4 of 4 123 I�i�=kW4B November 9, 2015 ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 TO: Chair Bill Boyce and Economic and Community Development Committee FROM: Hayley Bonsteel, Planner/GIS Coordinator RE: Assisted Living (Elder Care) Facilities in Commercial Zones [ZCA-2015-4] For November 9, 2015 Meeting MOTION: Information Only SUMMARY: At the October 12th, 2015 meeting of the Economic and Community Development Committee, the committee members agreed with a two -phased approach to a zoning code amendment request from the 2014 Docket item on assisted living facilities in commercial zones. At the October 26th, 2015 Land Use and Planning Board public hearing, additional information was received on facility types. Staff are pursuing additional research to understand differences in facility types and consider revisions to the project, which may incorporate some or all independent senior housing into the first phase of the project. BUDGET IMPACT: None BACKGROUND: The 2014 Docket requested amendment of the definition and use table related to assisted living facilities, arguing that an Assisted Living Facility is not a residential facility subject to a requisite commercial component. Staff has received other requests to site assisted living facilities or other elder care facilities in commercial areas without a commercial component. Testimony at the Land Use and Planning Board public hearing included arguments that independent senior housing is similar to licensed assisted living facilities and should have the same freedom of location rather than be characterized as multifamily housing which requires a commercial component. Housing and population trends show that humane elder care facilities (of any type) should be located in areas with services, and staff will do additional research on the characteristics of independent senior housing to determine if any or all of the independent senior housing could be appropriate to include in the first phase of the analysis. Staff will be available at the November 9th, 2015 ECDC meeting to give an update on the project. HB:pm S:\Permit\Nan\ZONING_CODE AMENDMENTS\2015\ZCA-2015-4AstLvg_MderCareFac\ECDCPACKET\MemoECDC 110 15.doc cc: Charlene Anderson, MCP, Long Range Planning Manager 124 125 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 KENT Fax: 253-856-6454 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 November 9, 2015 To: Chair Bill Boyce and Economic & Community Development Committee From: Ben Wolters, Economic & Community Development Director Subject: Lodging Tax Advisory Committee Board Member Expansion Meeting of November 9th, 2015 INFORMATION ONLY SUMMARY: The Lodging Tax Advisory Committee currently consists of seven members. Three members appointed by the City Council who are representatives of businesses required to collect tax (hotels) under Ch. 67.28 RCW (Ordinance 3417). Three members appointed by the City Council who are persons involved in activities authorized to be funded by revenue received (i.e., Kent Downtown Partnership, ShoWare Center) under Chapter 67.25 RCW (ordinance 3417). Council President shall appoint a member of Council's Operations Committee to serve as a member and to chair the Lodging Tax Advisory Committee. The Lodging Tax Advisory Committee shall make reports and recommendations to the Mayor and City Council as follows; • The committee shall consider proposals for impositions of a City lodging tax under Ch. 67.28 RCW. • If such tax is adopted, the committee shall review any increase in the rate of tax imposed, repeal of any exemptions from a tax imposed or a change in the use of revenue received under Ch. 67.28 RCW. The committee shall consider any such proposal, provide for public input, and submit comments in a timely manner to the Mayor and City Council. The comments shall include an analysis of the extent to which the proposal will accommodate activities for tourists or increase tourism, and the extent to which the proposal will affect the long-term stability of the fund created under RCW 67.28.1815. The proposed amendment would increase the membership of the Lodging Tax Advisory Committee from seven to nine members, adding one representative position each from the hotel community and from the visitor promotion community in Kent. Doing so will both broaden and deepen the Committee's representation of the community as Kent continues to grow and take more proactive steps to market itself in the region, around the state and beyond. BUDGET IMPACT: None. BW:JP:pm P:\Planning\ECDC\2015\Pckt Documents\SS-915\LTACExpansion-Memo_ECL 11015.doc 126 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 2.54 of the Kent City Code, entitled "Lodging Tax Advisory Committee," increasing the number of members to nine. RECITALS A. B. C. D. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Chapter 2.54 of the Kent City Code, entitled "Lodging Tax Advisory Committee," as follows: Sec. 2.54.010. Created. There is hereby created the lodging tax advisory committee. The committee shall serve in an advisory capacity to the mayor and city council. 1 Amend KCC 2.54 - Re. Lodging Tax Advisory Committee 127 Sec. 2.54.020. Membership. The lodging tax advisory committee shall consist of sevennine (�9) members as follows: A. ThFeeFour (34) members appointed by the city council who are representatives of businesses required to collect tax under Chapter 67.28 RCW; B. ThreeFour (34) members appointed by the city council who are persons involved in activities authorized to be funded by revenue received under Chapter 67.28 RCW; and C. The council president shall appoint a member of council's operations committee to serve as a member of and to chair the lodging tax advisory committee. Sec. 2.54.030. Terms. All members appointed pursuant to KCC 2.54.020 above shall serve three (3) year terms. The initial appointment shall be staggered with twethree (23) appointments serving a one (1) year term, twethree (23) appointments serving a two (2) year term, and two (2) appointments serving a three (3) year term. Organizations representing businesses required to collect tax under Chapter 67.28 RCW and organizations involved in activities authorized to be funded by revenue received under said tax as well as local agencies involved in tourism and promotion may submit recommendations for membership on the committee. Sec. 2.54.040 Responsibilities. The lodging tax advisory committee shall make reports and recommendations to the mayor and city council as follows: 2 Amend KCC 2.54 - Re. Lodging Tax Advisory Committee 128 129 A. The committee shall consider proposals for imposition of a city lodging tax under Chapter 67.28 RCW. B. If such tax is adopted, the committee shall review any increases in the rate of tax imposed, repeal of any exemption from a tax imposed, or a change in the use of revenue received under Chapter 67.28 RCW. The committee shall consider any such proposal, provide for public input, and submit comments in a timely manner to the mayor and city council. The comments shall include an analysis of the extent to which the proposal will accommodate activities for tourists or increase tourism, and the extent to which the proposal will affect the long-term stability of the fund created under RCW 67.28.1815. SECTION 2, — Severability. 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 4, — 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 5, — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, as provided by law. SUZETTE COOKE, MAYOR 3 Amend KCC 2.54 - Re: Lodging Tax Advisory Committee ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: 130 TOM BRUBAKER, CITY ATTORNEY PASSED: day of 12015. APPROVED: day of 12015. PUBLISHED: day of 12015. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. RONALD F. MOORE, CITY CLERK p:\civil\ordinance\lodging tax advisory committee kcc 2.54.docx 4 Amend KCC 2.54 - Re: Lodging Tax Advisory Committee