HomeMy WebLinkAbout3345Ordinance No. 3345
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Secs. 15.04.100,15.04.140,15.04.150 & 15.09.049 Repealed by Ord. 3409
Sec. 15.09.050 Amended by Ord. 3424;
Sec. 15.09.050 Amended by Ord. 3470;
ORDINANCE NO. 3 3 45
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending the Zoning Code to allow
mixed use development in certain commercial zoning
districts; to establish a design review process and
amendment procedure for the new mixed use districts; and
to provide new definitions of "floor -area ratio" and "mixed
use development."
6) WHEREAS, on April 18, 1995, the Kent City Council adopted Ordinance
No. 3222, relating to the Kent Comprehensive Plan, which was prepared pursuant to the
Washington State Growth Management Act; and
WHEREAS, the Land Use Plan Map in the Comprehensive Plan identified
certain areas within the City as being appropriate for mixed use development, meaning
areas where commercial and residential uses would be developed together, and that the
Land Use Element of the plan contained several goals and policies which support mixed
use development, and the establishment of mixed use activity centers; and
WHEREAS, the Growth Management Act requires that the City's
development regulations be consistent with and implement the goals and policies in the
Comprehensive Plan; and
WHEREAS, in order to implement the policies in the plan with regard to
mixed use development, Planning Department staff prepared a proposed list of zoning
amendments which would amend the zoning map and the permitted uses and development
standards for the General Commercial (GC), Community Commercial (CC), and Office (0)
zoning districts, and that these proposals were discussed in several workshops with the
Land Use and Planning Board; and
WHEREAS, the Kent Land Use & Planning Board reviewed the City of
Kent's Comprehensive Plan Policies and conducted a public hearing on the adoption of
mixed use overlay zones in certain commercial districts on October 28, 1996; and
WHEREAS, the recommendation of the Kent Land Use & Planning Board
was presented to the City Council on November 25, 1996; and
WHEREAS, the City Council directed the Kent Planning Committee to
consider the recommendations of the Land Use & Planning Board; and
WHEREAS, the Kent Planning Committee considered the recommendations
of the Kent Land Use and Planning Board at their meetings of February 4, February 18, and
March 18, 1997; and
WHEREAS, the Kent Planning Committee has recommended adopting
Zoning Code amendments to the GC, CC, and O Zoning Districts, thereby establishing
mixed use overlay zones in those districts, establishing a design review process and
amendment procedure, and adopting new definitions of "floor -area ratio" and "mixed use
development"; and
WHEREAS, the Kent City Council considered the recommendation of the
Planning Committee, and voted to adopt the recommended amendments on April 1, 1997;
and
WHEREAS, the Washington State Environmental Policy Act (SEPA)
requires that amendments to development regulations be reviewed as to their potential
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environmental impact, and that on October 22, 1996, the City of Kent issued an Addendum
to the Environmental Impact Statement which was prepared for the Kent Comprehensive
Plan, and that this Addendum analyzed the zoning amendments later adopted by the City
Council on April 1, 1997; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. A new Section 15.02.147 is added to Chapter 15.02,
amending the Kent Zoning Code as follows:
Sec. 15.02.147. Floor -Area Ratio. Floor -area ratio is a measure of development
intensity which is determined by dividing gross floor area by lot area.
SECTION2. Section 15.02.260 is amended as follows:
Sec. 15.02.260. Mixed use development.
Mixed use development shall mean two (2) or more permitted uses or conditional
uses developed in conjunction with one another on the same site. Provided that the
aforementioned requirements are met a mixed use development may include two (2) or
more separate buildings Provided further that, at least twent -f�(25%)percent of the
gross floor area as defined in Kent City Code 15.02.170 be a permitted commercial use.
The residential component of any mixed use development cannot be permitted or occupied
prior to the (permitting and/or occupancy of) the commercial component.
SECTION3. Section 15.04.100 of the Kent City Code is hereby amended
as follows:
Sec. 15.04.100. Community commercial district, CC.
The purpose of the CC district is to provide areas for limited commercial activities
that serve several residential neighborhoods. This district shall only apply to such
commercial districts as designated in the city comprehensive plan. It is also the purpose
of this district to provide opportunities for mixed use development within the designated
mixed use overlay boundary, as designated_ by the comprehensive elan.
A. Principally permitted uses. Principally permitted uses are as follows:
1. Retail establishments selling primarily new merchandise, including
convenience goods and shopping goods such as soft lines (clothing,
shoes) and hard lines (hardware, furniture, paint, appliances).
2. Personal services such as barbershops and beauty shops,
launderettes, dry cleaning establishments, television and radio repair
and shoe repair.
3. Restaurants (excluding drive-in restaurants) and taverns.
4. Veterinary clinics when located no closer than one hundred fifty
(150) feet to any residential use, providing the animals are housed
indoors, with no outside runs, and the building is soundproofed.
Soundproofing must be designed by competent acoustical engineers.
5. Branches of financial institutions.
6. Carwashes.
7. Nurseries and greenhouses.
8. Commercial recreational facilities including theaters, bowling
alleys, skating rinks and miniature golf.
9. Office uses.
10. Group homes class I -A, I -B and I -C.
11. Any other use that is determined by the planning director to be of
the same general character as the uses permitted in subsections A. 1.
through 10. of this section and that is in accordance with the stated
purpose of the district.
12. Municipal uses and buildings, except for such uses and buildings
subject to section 15.04.200.
Existing dwellings may be rebuilt, repaired and otherwise changed for
human occupancy. Accessory uses for existing dwellings may be
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constructed. Such uses are garages, carports, storage sheds and fences.
B. Special permit uses. The following uses are permitted provided that they
conform to the development standards listed in section 15.08.020:
1. Gasoline service stations.
2. Drive-in restaurants.
3. Churches.
4. Nursery schools and day care centers.
C. Accessory uses. Permitted accessory uses are as follows:
1. Accessory uses and buildings customarily appurtenant to a
permitted use, such as incidental storage facilities, loading and
unloading areas.
2. 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 and which
do not accumulate more than five thousand (5,000) pounds of
hazardous substances or wastes or any combination thereof at any
one (1) time on the site, subject to the provisions of section
15.08.050, except offsite hazardous waste treatment or storage
facilities, which are not permitted in this district.
D. Conditionally permitted uses. Conditionally permitted uses are as follows:
1. General conditional uses as listed in section 15.08.030.
-2-. Multifamily resi4efAiftl use shall be permitte4 as eott4itiotte4 use
-3-.2. Auto repair facilities.
4:3. Miniwarehouses, provided that the following development
standards shall apply for miniwarehouses, superseding those set out
in subsection 15.04. 100 E.:
a. Frontage use. The first one hundred fifty (150) feet of lot
depth, measured from the property line or right-of-way
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inward from the street frontage, shall be reserved for
principally permitted uses for this district, defined by the
provisions of subsection 15.04. 100 A.1., or for the office or
onsite manager's unit, signage, parking and access. A
maximum of twenty-five (25) percent of the frontage may
be used for access to the storage unit area, provided that in
no case shall the access area exceed seventy-five (75) feet in
width. No storage units or structures shall be permitted
within this one hundred fifty (150) feet of commercial
frontage depth.
b. Lot size. Minimum lot size is one (1) acre; maximum lot
size is four (4) acres.
C. Site coverage. Site coverage shall be in accordance with the
underlying zoning district requirements.
d. Setbacks. Setbacks shall be as follows:
(1) Front yard: Twenty (20) feet.
(2) Side yard: Ten (10) feet.
(3) Rear yard: Ten (10) feet.
e. Height limitation. The height limitation is one (1) story.
f. Outdoor storage. No outdoor storage is permitted.
g. Signs. The sign requirements of chapter 15.06 shall apply.
h. Off-street parking.
(1) The Off-street parking requirements of chapter 15.05
shall apply.
(2) 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 section 15.09.010.
j. Landscaping. Landscaping requirements are as follows:
(1) Front yard: Twenty (20) feet, type III (earth berms).
(2) Side yard: Ten (10) feet, type II abutting commercial
uses or districts; type I abutting residential uses or
districts.
(3) Rear yard: Ten (10) feet, type II abutting
commercial uses or districts; type I abutting
residential uses or districts.
For maintenance purposes, underground irrigation systems
shall be provided for all landscaped areas.
k. Onsite manager. A resident manager shall be required on
the site and shall be responsible for maintaining the
operation of the facility in conformance with the conditions
of the approval. The planning department shall establish
requirements for parking and loading areas sufficient to
accommodate the needs of the resident manager and the
customers of the facility.
1. Drive aisles. Drive aisle width and parking requirements are
as follows:
(1) Fifteen -foot drive aisle and ten -foot parking aisle.
(2) 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 one hundred (100) feet. The offset shall be no less
than twenty (20) feet in the horizontal dimension, with a
minimum depth of five (5) feet.
n. Building materials. If abutting a residential use or zone,
residential design elements such as brick veneer, wood
siding, pitched roofs with shingles, landscaping and fencing
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shall be used. No uncomplimentary building colors should
be used when abutting a residential use or zone.
o. Prohibited uses. Use is restricted to dead storage only. The
following are specifically prohibited:
(1) Auctions (other than tenant lien sales), commercial,
wholesale or retail sales, or garage sales.
(2) The servicing, repair or fabrication of motor
vehicles, boats, trailers, lawn mowers, appliances or
other similar equipment.
(3) The operation of power tools, spray painting
equipment, table saws, lathes, compressors, welding
equipment, kilns or other similar equipment.
(4) The establishment of a transfer and storage business.
(5) Any use that is noxious or offensive because of
odor, dust, noise, fumes or vibration.
(6) Storage of hazardous or toxic materials and
chemicals or explosive substances.
P. Fencing. No razor wire is allowed on top of fences.
5. Group homes class II -A, lI-B, II -C and III.
E. Development standards.
1. Minimum lot. Minimum lot area is ten thousand (10,000) square
feet.
2. Maximum site coverage. Maximum site coverage is forty (40)
percent.
3. Front yard. There shall be a front yard of at least fifteen (15) feet in
depth.
4. Side yard. No side yard is required, except when abutting a more
restrictive district, and then the side yard shall be not less than
twenty (20) feet in width.
5. Rear yard. There shall be a rear yard of at least twenty (20) feet in
depth.
6. Height limitation. The height limitation is three (3) stories or forty
(40) feet. However, the planning director shall be authorized to
grant one (1) 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 (1) additional story may
be granted by the planning commission.
7. Landscaping. The landscaping requirements of chapter 15.07 shall
apply.
8. Outdoor storage. Outdoor storage areas are prohibited.
F. Mixed use overlay. Along with the uses permitted in the previous sections.
the following uses and development standards shall apply in the mixed use
overlay within the Community Commercial district as depicted on the Kent
Zoning Map.
1. Use: Multi -family residential uses are allowed only when included
within a mixed use development.
2. Developmental standards:
a. Floor -area ratio (FART:
.40 for commercial uses.
Q .50 for commercial uses combined with residential
uses, provided that commercial floor area may be
increased b one ne square foot for each square foot of
residential floor area provided up to a maximum
commercial FAR of .5.
W 1.0 for residential uses provided that residential
FAR maybe increased by 5 if parking is provided
belowrag de up to a maximum of 1.5.
0
b. Site covera e:
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forty (40) percent for commercial uses.
sixty (60) percent for commercial uses with
residential uses provided that twenty-five (25)
percent of the gross floor area is residential use.
c. Height:
building heights restricted as follows:
W
twenty-five (25) feet, provided that basic heights
may be increased up to the maximum height of forty
(40) feet according to the following formula:
i. five 5) foot increases for developments
containing residential uses. provided that
twenty-five (25) percent of gross floor area
is in residential use.
ii. five (5) foot increases for parking under the
building,
iii. five (5) foot increases for using a pitched
roof form.
iv. five 5) foot increase for stepping back from
the top floor (minimum of five feet).
d. Setbacks: setback requirements are as follows:
W
front: zero (0) feet, provided that some setback may
be required in the front yard to accommodate a
sidewalk which shall be at least ten (10) feet in
width.
rear and side: zero (0) feet,• provided that setbacks of
at least twenty (20) feet will be required in any rear
or side yards that are adjacent to a residential zoning
district.
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e. Off-street narking off-street parking requirements are as
follows:
W Retail/office uses: four (4)spaces per thousand
(1,000) square feet of floor area,• provided that, the
first three hundred (300) square feet of retail or
office space that is a part of an individual residential
unit is exempt.
Residential uses as follows:
i. studio 75 per dwelling unit (du) without
commercial uses, .50/du with commercial
uses provided that twenty-five 25) percent
of overall gross floor area is in commercial
Uses.
ii. one bedroom: 1.5/du without commercial
uses-, 1 0/du with commercial uses, provided
that twenty-five 25) percent of overall ,gross
floor area is in commercial uses,
iii. two bedroom: 2.0/du without commercial
uses,• 125/du with commercial uses,
provided that twenty-five 25) percent of
overall gross floor area is in commercial
uses.
G. Signs. The sign requirements of chapter 15.06 shall apply.
G --.H. Off-street parking.
1. The off-street parking requirements of chapter 15.05 shall apply.
2. Off-street parking may be located in required yards, except in areas
required to be landscaped.
+4-.I. Development plan review. Development plan approval is required as
provided in section 15.09.010.
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J. Mixed use overlay design review. Design review for mixed uses is required
as provided in Section 15.09.049.
SECTION 4. Section 15.04.140 of the Kent City Code is hereby amended I
to read as follows:
Sec. 15.04.140. General commercial district, GC.
The purpose and intent of the general commercial district is to recognize the
existence of commercial areas developed in strips along certain major thoroughfares; to
provide use incentives and development standards which will encourage the redevelopment
and upgrading of such areas; to provide for a range of trade, service, entertainment and
recreation land uses which occur adjacent to major traffic arterials and residential uses; and
to provide areas for development which are automobile oriented and designed for
convenience, safety and the reduction of the visual blight of uncontrolled advertising signs,
traffic control devices and utility equipment. It is also the p=ose of this district to provide
opportunities for mixed use development within the designated mixed use overlay
boundary, as designated, by the comprehensive plan.
A. Principally permitted uses. Principally permitted uses are as follows:
1. Trade.
a. Wholesale. Bakery.
b. Retail --General
merchandise.
(1)
Department stores.
(2)
Dry goods and general merchandise.
(3)
Electrical supplies.
(4)
Farm equipment.
(5)
Hardware.
(6)
Heating and plumbing equipment.
(7)
Lumberyards.
(8)
Mail order houses.
(9) Merchandise vending machine operators.
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(10)
Paint, glass and wallpaper.
(11)
Variety stores.
C.
Retail
--Food.
(1)
Bakeries, with accessory manufacturing.
(2)
Candy, nut and confectionery, with accessory
manufacturing.
(3)
Dairy products.
(4)
Fruits and vegetables.
(5)
Groceries.
(6)
Meat, fish and poultry.
d.
Retail --Automotive,
marine craft, aircraft and accessories.
(1)
Aircraft and accessories.
(2)
Marine craft and accessories.
(3)
Motor vehicles (new or used cars and recreation
vehicles).
(4)
Tires, batteries and accessories.
e.
Retail
--Apparel and accessories. New or used apparel and
accessories.
f.
Retail --Furniture,
home furnishings and equipment. New or
used and finished or unfinished furniture, home furnishings
and equipment.
g.
Retail --Eating
and drinking establishments.
(1)
Drinking establishments (taverns and cocktail
lounges).
(2)
Eating establishments (restaurants) without drive-in
or drive-through facilities.
h.
Retail --Other.
(1)
Antiques.
(2)
Bicycles.
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(3)
Books.
(4)
Bottled gas.
(5)
Cameras and photographic supplies.
(6)
Cigars and cigarettes.
(7)
Computers and software.
(8)
Drug and proprietary items.
(9)
Florists.
(10)
Fuel and ice dealers.
(11)
Fuel oil.
(12)
Gifts, novelties and souvenirs.
(13)
Hay, grains and feeds.
(14)
Jewelry.
(15)
Liquor.
(16)
Newspapers and magazines.
(17)
Optical goods.
(18)
Pets and pet supplies.
(19)
Secondhand merchandise.
(20)
Sporting goods.
(21)
Stationery.
(22)
Videocassette sales and rentals.
2. Services.
a. Finance, insurance and real estate services.
(1)
Banking and related services.
(2)
Commodity brokers, dealers and related services.
(3)
Housing and investment services.
(4)
Insurance brokers, agents and related services.
(5)
Insurance carriers.
(6)
Real estate agents, brokers and related services.
(7)
Real estate operators, lessors and management
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services.
(8)
Real estate subdividing and developing services.
(9)
Security brokers and dealers and related services.
(10)
Title abstracting and insurance services.
b. Personal services.
(1)
Beauty and barber services.
(2)
Diaper services.
(3)
Funeral and crematory services.
(4)
Laundering and dry cleaning (self-service).
(5)
Laundering, dry cleaning and dyeing services.
(6)
Linen supply and industrial laundry services.
(7)
Photographic services.
(8)
Pressing, alteration and garment repair.
(9)
Rug cleaning and repair services.
(10)
Shoe repair, shoe shining and hat cleaning services.
C. Business services.
(1)
Advertising services.
(2)
Automobile and truck rental.
(3)
Blueprinting and photocopying services.
(4)
Business and management consulting services.
(5)
Consumer and mercantile credit reporting services;
adjustment and collection services.
(6)
Detective and protective services.
(7)
Disinfecting and exterminating services.
(8)
Employment services.
(9)
Equipment rental and leasing services.
(10)
Food lockers without food preparation facilities.
(11)
Motion picture distribution and services.
(12)
News syndicate services.
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(13)
Other dwelling and business services.
(14)
Outdoor advertising services.
(15)
Photofinishing services.
(16)
Research, development and testing services.
(17)
Stenographic services and other duplicating and
mailing services.
(18)
Trading stamp services.
(19)
Window cleaning services.
d. Repair services.
(1)
Armature rewinding services.
(2)
Automobile repair services.
(3)
Automobile wash services.
(4)
Electrical repair services.
(5)
Fleet vehicle maintenance.
(6)
Radio and television repair services.
(7)
Reupholstery and furniture repair services.
(8)
Small engine repair.
(9)
Truck repair.
(10)
Watch, clock and jewelry repair services.
e. Professional services.
(1)
Accounting, auditing and bookkeeping services.
(2)
Educational and scientific research services.
(3)
Engineering and architectural services.
(4)
Hospital services.
(5)
Legal services.
(6)
Medical and dental laboratory services.
(7)
Medical and dental services.
(8)
Medical clinic, outpatient services.
(9)
Sanitarium, convalescent and rest home services.
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(10)
Urban planning services.
f. Contract construction services.
(1)
Building construction, general contractor services.
(2)
Carpentering and wood flooring.
(3)
Concrete services.
(4)
Electrical services.
(5)
Masonry, stonework, tile setting and plastering
services.
(6)
Painting, paperhanging and decorating services.
(7)
Plumbing, heating and air conditioning services.
(8)
Roofing and sheetmetal services.
(9)
Water well drilling services.
g. Educational services.
(1)
Art and music schools.
(2)
Barber and beauty schools.
(3)
Business and stenographic schools.
(4)
Correspondence schools.
(5)
Dancing schools.
(6)
Driving schools, auto.
(7)
Driving schools, truck.
(8)
Vocational or trade schools.
h. Miscellaneous services.
(1)
Animal grooming parlors.
(2)
Business associations and organizations.
(3)
Civic, social and fraternal associations.
(4)
Labor unions and similar labor organizations.
(5)
Veterinary clinics and animal hospital services when
located no closer than one hundred fifty (150) feet to
any residential use, providing the animals are housed
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indoors, with no outside runs, and the building is
soundproofed. Soundproofing must be designed by
competent acoustical engineers.
(6) Welfare and charitable services.
3. Residential.
a. Lodgings:
(1) Hotels.
(2) Motels.
b. Existing dwellings may be rebuilt, repaired and otherwise
changed for human occupancy. Accessory uses for existing
dwellings may be constructed. Such uses are garages,
carports, storage sheds and fences.
C. Transitional housing facilities, limited to a maximum of
twenty (20) residents at any one (1) time and four (4)
resident staff.
4. Cultural, entertainment and recreational.
a. Cultural activities and nature exhibitions.
(1) Art galleries.
(2) Historic and monument sites.
b. Public assembly.
(1) Amphitheaters.
(2) Arenas and field houses.
(3) Auditoriums.
(4) Drive-in movies.
(5) Exhibition halls.
(6) Legitimate theaters (live).
(7) Motion picture theaters.
(8) Stadiums.
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A
C. Amusements and recreation.
(1) Amusement parks.
(2) Athletic clubs.
(3) Bowling.
(4) Fairgrounds.
(5) Go-cart tracks.
(6) Golf driving ranges.
(7) Miniature golf.
(8) Skating (roller or ice).
(9) Tennis.
(10) Video arcades.
5. Other uses.
a. Other retail trade, service, or entertainment or recreational
uses that are of the same general character as those listed in
this subsection, which are deemed compatible with other
permitted uses in this district and which operate in
accordance with the stated purpose of this district.
b. Municipal uses and buildings, except for such uses and
buildings subject to section 15.04.200.
Special permit uses. The following uses are permitted provided that they
conform to the development standards listed in section 15.08.020:
1. Gasoline service stations.
2. Eating establishments (restaurants) with drive-in or drive-through
facilities.
3. Nursery schools and day care centers.
4. Churches.
Accessory uses. Permitted accessory uses are as follows:
1. Accessory uses and buildings customarily appurtenant to a
permitted use, such as incidental storage facilities.
WE
2. For permitted uses, hazardous substance land uses, including onsite
hazardous waste treatment or storage facilities, which are not
subject to cleanup requirements of chapter 11.02 and which do not
accumulate more than ten thousand (10,000) pounds of hazardous
substances or wastes or any combination thereof at any one (1) time
on the site, subject to the provisions of section 15.08.050, except
offsite hazardous waste treatment or storage facilities, which are not
permitted in this district.
3. Accessory dwelling units.
D. Conditional uses. Conditional uses are as follows:
1. Printing and publishing establishments, and accessory uses and
buildings customarily appurtenant to such use.
2. Miniwarehouses and self-service storage.
3. General conditional uses as listed in section 15.08.030, except for
transitional housing with a maximum of twenty (20) residents and
four (4) staff.
4. Kennels.
5. For permitted uses, accessory hazardous substance land uses which
are not subject to cleanup requirements of chapter 11.02 and which
accumulate more than ten thousand (10,000) pounds of hazardous
substances or wastes or any combination thereof at any one (1) time
on the site or which handle more than twenty thousand (20,000)
pounds of hazardous substances and wastes on the site in any thirty -
day period of time, subject to the provisions of section 15.08.050,
except offsite hazardous waste treatment or storage facilities, which
are not permitted in this district.
6. Group homes class I -A, I -B, I -C, II -A, II -B, II -C and III.
7. Recreational vehicle parks.
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E. Development standards.
1. Minimum lot. Minimum lot area is ten thousand (10,000) square
feet.
2. Maximum site coverage. Maximum site coverage is forty (40)
percent.
3. Front yard. There shall be a front yard of at least twenty (20) feet
in depth.
4. Side yard. No side yard is required, except when a side yard abuts
a residential district, and then a twenty -foot side yard shall be
required.
5. Rear yard. No rear yard is required, except when a rear yard abuts
a residential district, and then a twenty -foot rear yard shall be
required.
6. Height limitation. The height limitation is two (2) stories or thirty-
five (35) feet. However, the planning director shall be authorized to
grant one (1) 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 (1) additional story may
be granted by the planning commission.
7. Landscaping. The landscaping requirements of chapter 15.07 shall
apply.
8. Outdoor storage. 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.
F. Mixed use overlay. Along with the uses permitted in the previous sections,
the followinluses and development standards shall apply in the mixed use
overlay within the general commercial district as depicted on the Kent
Zoning Map.
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1. Use: Multi -family residential uses are permitted.
2. Development standards:
a. Floor -area ratio (LAR).-
LU
FAR):
LU
.40 for commercial uses.
.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 .5.
1.0 for residential uses, provided that, residential
FAR may be increased b 5 if parking is provided
belowrag de, up to a maximum of 1.5.
b. Site coverage.
forty (40) percent for commercial uses.
seventy-five (75) percent for commercial uses with
residential uses provided that twenty-five (25)
percent of gross floor area is residential use.
C. Height.
Building heights restricted as follows:
LU
twenty-five (25) feet, provided that basic heights
may be increased up to the maximum height of fifty
(50) feet according to the following formula:
i. five foot increases for developments
containing residential uses. provided that
twenty-five (25) percent of gross floor area
is in residential use.
ii. five foot increases for parking under the
building.
iii. five foot increases for using a pitched roof
form.
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iv. five foot increase for stepping back from the
top floor (minimum of five feet).
d. Setbacks Setback requirements are as follows:
Front: zero (0) feet,• provided that some setback
may be required in the front yard to accommodate a
sidewalk which shall be at least ten (10) feet in
width.
Rear and side: zero (0) feet; provided that setbacks
of at least twenty (20) feet will be required in any'
rear or side yards that are adjacent to a residential
zoning district.
e. Off-street parking Off-street parking requirements are as
follows:
W Retail/Office uses: 3 5 space per thousand (1.000)
squire feet of floor area,• provided that the first three
hundred (300) square feet of retail or office space
that is a part of an individual residential unit is
exempt.
Q Residential uses as follows:
i. studio: .75 der dwelling unit (du) without
commercial uses-,-.50/du with commercial
uses provided that twenty-five 25) percent
of overall gross floor area is in commercial
uses.
ii. one bedroom: 1.5/du without commercial
uses,• 1 0/du with commercial uses. provided
that twenty-five (25) percent of overall gross
floor area is in commercial uses,
iii. two bedroom: 2.0/du without commercial
23
uses-, 1 25/du with commercial uses,
provided that twenly-five 25) percent of I
overall gross floor area is in commercial I
uses.
I`.G. Signs. The sign regulations of chapter 15.06 shall apply.
Fr.H. Off-street parking.
1. The off-street parking requirements of chapter 15.05 shall apply.
2. Offstreet parking may be located in required yards, except in areas
required to be landscaped.
14-.1. Development plan review. Development plan approval is required as
provided in section 15.09.010.
J. Mixed use overlay design review. Design review for mixed uses is required'
as provided in Section 15.09.049.
SECTION 5. Section l 5.04.150 of the Kent City Code is hereby amended
to read as follows:
Sec. 15.04.150. Professional and office district, O.
It is the purpose of the O district to provide for areas appropriate for professional
and administrative offices. It is intended that such districts shall buffer residential districts
and the development standards are such that office uses should be compatible with
residential districts. It is also the p=ose of this district to provide opportunities for mixed
use development within the designated mixed use overlay, as designated by the
comprehensive plan.
A. Principally permitted uses. Principally permitted uses are as follows:
1. Medical and dental offices and medical and dental laboratory
services.
2. Administrative and professional offices such as lawyers, engineers,
real estate and accountants, financial offices such as banks and
savings and loan institutions, insurance offices, auditing,
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bookkeeping, architectural and urban planning services, business
and management consulting services and advertising services.
3. Veterinary clinics when located no closer than one hundred fifty
(150) feet to any residential use, providing the animals are housed
indoors, with no outside runs, and the building is soundproofed.
Soundproofing must be designed by competent acoustical engineers.
4. Schools and studios for art, crafts, photography, music or dance;
educational and scientific research; and research and development
services.
5. Blueprinting and photocopying services.
6. Consumer and mercantile credit reporting services, and adjustment
and collecting services.
7. Detective and protective services.
8. Stenographic services and other duplicating and mailing services.
9. News syndicate services.
10. Employment services.
11. Group homes class I -A, I -B and I -C.
12. Any other use that is determined by the planning director to be of
the same general character as the uses permitted in subsections A.1.
through 11. of this section.
13. Municipal uses and buildings, except for such uses and buildings
subject to section 15.04.200.
Existing dwellings may be rebuilt, repaired and otherwise changed for
human occupancy. Accessory uses for existing dwellings may be
constructed. Such uses are garages, carports, storage sheds and fences.
B. Accessory uses. Permitted accessory uses are as follows:
1. Incidental sales and services, such as restaurants, pharmacies and
retail sales, to serve occupants and patrons of permitted uses, when
25
26
conducted within the same building, provided there is no exterior
display or advertising.
2.
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 and which
do not accumulate more than five thousand (5,000) pounds of
hazardous substances or wastes or any combination thereof at any
one (1) time on the site, subject to the provisions of section
15.08.050, except offsite hazardous waste treatment or storage
facilities, which are not permitted in this district.
3.
Accessory dwelling units.
C. Conditional uses. Conditional uses are as follows:
2A.
Mortuaries.
3-2.
Beauty and barber services.
473.
Tanning salons.
-5-.4.
Nail manicuring services.
6-5.
General conditional uses as listed in section 15.08.030.
-76.
Retail sales as follows:
a. Retail sales are permitted as part of a planned development
where at least fifty (50) percent of the total development is
for office use.
b. Drive-in restaurants, service stations, drive-in cleaning
establishments and other similar retail establishments are
not permitted.
8-7.
Group homes class II-A, II-B, II-C and III.
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D. Special permit uses. The following uses are permitted provided that they
conform to the development standards listed in section 15.08.020:
1. Churches.
2. Nursery schools and day care centers.
E. Development standards.
1. Minimum lot. Minimum lot area is ten thousand (10,000) square
feet.
2. Maximum .site coverage. Maximum site coverage is thirty (30)
percent.
3. Front yard. Minimum front yard setback is twenty-five (25) feet.
4. Side yard. No side yard is required, except abutting a residential
district, and then the side yard shall be twenty (20) feet minimum.
5. Rear yard. No rear yard is required, except abutting a residential
district, and then the rear yard shall be twenty (20) feet.
6. Height limitation. The height limitation is three (3) stories or forty
(40) feet.
7. Landscaping. The landscaping requirements of chapter 15.07 shall
apply.
F. Mixed use overlay. Along with the uses permitted in the previous sections,
the following uses and development standards shall apply in the mixed use
overlay within the Office district as depicted on the Kent Zoning Map.
1.
Use: Multi -family residential uses are allowed only when included
within a mixed use development.
2. Developmental standards:
a. Floor -area ratio (FAR):
W .40 for commercial uses.
.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
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residential floor area provided up to a maximum
commercial FAR of .5.
W 1.0 for residential uses, provided that residential
FAR may be increased by .5 if parking is provided I
belowrag de up to a maximum of 1.5.
b. Site coverage.
W forty (40) percent for commercial uses.
Q sixty (60) percent for commercial uses with
residential uses provided that twenty-five (25) 1
percent of the gross floor area is residential use.
C. Height: building heights restricted as follows:
W twenty-five (25) feet provided that basic heights
may be increased up to the maximum height of forty
(40) feet according to the following formula:
i. five (5) foot increases for developments
containing residential uses, provided that
twent -fY ive (25) percent of gross floor area
is in residential use.
ii. five (5) foot increases for parking under the
building.
iii. five 5) foot increases for using a pitched
roof form.
iv. five 5) foot increase for stepping back from
the top floor minimum of five feet).
d. Setbacks: setback requirements are as follows:
W front: zero (0) feet,• provided that some setback may
be required in the front yard to accommodate a
sidewalk which shall be at least ten (10) feet in
width.
28
rear and side: zero (0) feet, provided that setbacks of
at least twenty (20) feet will be required in any rear
or side yards that are adjacent to a residential zoning
district.
e. Off-street parking: off-street parking requirements are as
follows:
W Retail/office uses: four (4) spaces per thousand
(1 .000) square feet of floor area, provided that, the
first three hundred (300) square feet of retail or
office space that is apart of an individual residential
unit is exempt.
Residential uses as follows:
i. studio: .75 per dwelling unit du without
commercial uses, .50/du with commercial
uses provided that twenty-five (25) percent
of overall gross floor area is in commercial
uses.
ii. one bedroom: 1.5/du without commercial
uses-, 1 0/du with commercial uses, provided
that twenty-five (25) percent of overall gross
floor area is in commercial uses.
iii. two bedroom: 2.0/du without commercial
uses, 125/du with commercial uses,
provided that twenty-five (25) percent of
overall gross floor area is in commercial
uses.
G. Signs. The sign requirements of chapter 15.06 shall apply.
FrFl. Off-street parking.
1. The off-street parking requirements of chapter 15.05 shall apply.
29
2. Off-street parking may be located in required yards, except in areas
required to be landscaped.
44I. Development plan review. Development plan approval is required as
J.
provided in section 15.09.010.
as provided in Section 15.09.049.
SECTION 6. A new Section 15.09.049 is added to Chapter 15.09,
amending the Kent Zoning Code as follows:
Sec 15.09.049. Mixed use design review.
A. Purpose and scope.
1. Mixed use design review is an administrative process the purpose
the comprehensive planthrough the adoption of design criteria for
mixed use development relative to site layout. landscape
mixed use design and encourage a diversity of imaginative
30
with established land use policies, the comprehensive plan, this title,
and community development goals of the city.
2. The adoption of design criteria is an element to the city's regulation
of land use which is statutorily authorized. Application of the
mixed use design process to the design criteria adopted in this
section is established as an administrative function delegated to the
planning_ department pursuant to RCW Title 35A therefore, in
implementing the mixed use desmon review process, the planning
director may adopt such rules and procedures as are necessary to
provide for expeditious review of proposed projects. Further rules
may be promulgated for additional administrative review.
3. All mixed use or multi -family development of three (3) or more
units will be subiect to the provisions of this section unless the
mixed use units are in a mixed use building where the housing units
are not located on the ground floor. The mixed use design review
process is distinct from the administrative design review process set
forth in section 15.09.045, and applications for mixed use
development may or may not be subject to the provisions of both
sections. An applicant may request at time of application that
review under both be completed simultaneously.
4. The mixed use overlay design review process is distinct from the
multi-familv desien review process set forth in Section 15.09.047.
However, applications for mixed use development or multi -family
development within the mixed use overlay shall be subject to the
provisions of Section 15.09.047. In addition, the provisions of this
section shall prevail where a conflict may arise between the two (2)
sections.
B. plication and review process. The mixed use design review process is
administrative and is conducted as part of the permit review process. The
31
applicant must make application for the design review process on forms
provided by the planning department Upon receipt of an application for
design review the planning director shall circulate the application to the
public works director, building official and the city administrator for
review. Prior to making a final decision the planning director shall review
any comments submitted for consideration. In the administration of this
process the planning director may develop supplementary handbooks for
the public which shall pictorially illustrate and provide additional guidance
on the interpretation of the criteria set forth in subsection C. of this section,
as well as a detailed explanation of the design review process.
C. Design review criteria The planning department shall use the following
criteria in the evaluation and/or conditioning of applications under the
mixed use design review process:
1. The following criteria should apply to all mixed use development:
a. Some common recreation space - roofs terraces indoor
rooms, courtyards.
b. Lighting features that are shielded, directing light
downwards.
C. The residential portion of the building should incorporate
residential details such as window trim, trellises, balconies
and bay windows.
d. The residential component should have an obvious,
generous entrance within features suggesting a "front door",
for example a lobby, trellis gate archway, or courtyard.
2. The following criteria shall apply to mixed use development:
a. If the residential component is located away from the main
street a landscaped pedestrian path should be provided
between the entrance and the public sidewalk.
32
b. Although the commercial and residential components may
have different architectural expressions they should exhibit
a number of elements that Droduce the effect of an
integrated development.
C. Surface parking should be generously landscaped to serve as
an amenity lighting fixtures should not exceed the height
of the first floor.
3. The following criteria shall apply to mixed use buildings.
a. Parkin lots if used should be divided into small
increments separated by landscaping and structures. so that
parking does not dominate the site.
b. Ground -level commercial space should be articulated by use
of different materials generous windows with low sill
heights "store" doors canopies and planters.
c. Residential floors should be expressed in an obvious
manner, with stelbacks chane in materials or color. and
overhangs.
d. Commercial signs should be contained within the first floor
commercial base and not extend up into the residential floor
facades.
D. peals The decision of the planning director to condition or refect any
application under the mixed use design review process is final unless an
appeal is made to the hearing examiner within ten (10) days of either the
issuance of the director's conditional approval under this section of any
application or the director's written decision rejecting my uplication under
this section Appeals to the hearing examiner shall be as set forth in chapter
2.32. The decision of the hearing examiner shall be final unless an appeal
is made to the city council within ten (10) days after the hearing examiner's
33
decision The appeal shall be in writing to the city council and filed with
the clerk.
SECTION 7. A new Section 15.09.050(E) is added to Chapter 15.09,
amending the Kent Zoning Code as follows:
See. 15.09.050. Amendments.
This title may be amended by the city council by changing the boundaries of zoning
districts (rezones which change the official zoning map) or by changing any other
provisions thereof (text amendments which add, delete or otherwise modify the text of this
title) whenever the public necessity and convenience and the general welfare require such
amendment, by following the procedures of this section.
A. Initiation. An amendment may be initiated as follows:
1. Amendments to the text of this title and official zoning map
amendments may be initiated by resolution of intention by the city
council. Text amendments are heard by the planning commission
an city council; zoning map amendments are heard by the hearing
examiner. In the case of area -wide zoning or rezoning, both text
amendments and zoning map amendments may be heard by the
planning commission and city council.
2. Amendments to the text of this title may be initiated by resolution
of intention by the planning commission.
3. Official zoning map amendments (rezones), including the
application of the "C" suffix, may be initiated by application of one
(1) or more owners, or their agents of the property affected by the
proposed amendment, which shall be made on a form prescribed by
the planning department and filed with the planning department.
The application shall be submitted at least forty-five (45) days prior
to the next regularly scheduled public hearing date, and shall be
heard by the hearing examiner within one hundred (100) days of the
34
date of the application; provided, however, that this period may be
extended in any case for which an environmental impact statement
is required.
B. Public hearing. The hearing examiner shall hold at least one (1) public
hearing on any proposed amendment, and shall give notice thereof in at
least one (1) publication in the local newspaper at least ten (10) days prior
to the public hearing.
Notice shall be given to all property owners within at least two
hundred (200) feet and, when determined by the planning director
a greater distance from the exterior boundaries of the property
which is the subject of the application. Such notice is to be sent ten
(10) days prior to the public hearing. The failure of any property
owner to receive the notice of hearing will not invalidate the
proceedings.
2. Public notices shall be posted in one (1) conspicuous place on or
adjacent to the property which is the subject of the application at
least ten (10) days prior to the date of the public hearing. Public
notice shall be accomplished through use of a four (4) foot by four
(4) foot plywood face generic notice board, to be issued by the city
planning department, and a follows: The applicant shall apply to
the city for issuance of the notice board, and shall deposit with the
city planning department the amount of sixty dollars ($60.00). The
applicant shall be responsible for placement of the notice boards in
one (1) conspicuous place on or adjacent to the property which is
the subject of the application at least fourteen (14) days prior to the
date of the public hearing. Planning department staff shall post
laminated notice sheets and vinyl information packets on the board
no later than ten (10) days prior to the hearing. Upon return of the
notice board in good condition to the planning department by the
35
applicant, forty-five dollars ($45.00) of the initial notice board
deposit shall be refunded to the applicant.
C. Standards and criteria for granting a request for rezone. The following
standards and criteria shall be used by the hearing examiner and city council
to evaluate a request for rezone. Such an amendment shall only be granted
if the city council determines that the request is consistent with these
standards and criteria.
1. The proposed rezone is consistent with the comprehensive plan.
2. The proposed rezone and subsequent development of the site would
be compatible with development in the vicinity.
3. The proposed rezone will not unduly burden the transportation
system in the vicinity of the property with significant adverse
impacts which cannot be mitigated.
4. Circumstances have changed substantially since the establishment
of the current zoning district to warrant the proposed rezone.
5. The proposed rezone will not adversely affect the health, safety and
general welfare of the citizens of the city.
D. Rezoning to MI -C. The hearing examiner and the city council shall use the
standards and criteria provided in subsection C. of this section to evaluate
a request for rezone to M 1-C. In addition, the hearing examiner and city
council shall evaluate a request for M 1-C on the basis of the following
standards and criteria. Such an amendment shall only be granted if the city
council determines the request is consistent with these standards and
criteria.
1. The proposed rezone is in close proximity or contiguous to major
arterial intersections identified on the comprehensive plan map as
being appropriate locations for commercial type land uses.
2. Rezoning to MI -C shall not be speculative in nature, but shall be
based on generalized development plans and uses.
36
E. Rezone to mixed use overlay. The hearine examiner and the citv council
shall use the standards and criteria provided in subsection C. of this section
to evaluate a request for expanding the boundaries of the mixed use overlav
boundary which is located in the GC, CC, and O zoning districts. In
addition, the hearing examiner and city council shall evaluate a request for
expanding the mixed use overlay on the basis of the following standards
and criteria. Such an amendment shall only be granted if the city council
determines the request is consistent with these standards and criteria.
1. The proposed rezone is contiguous to an existing mixed use overlay
area, or is at least one (1) acre in size.
2. The proposed area is located within close proximity to existing
residential uses and existing commercial uses which would support
residential use.
3. The proposed area is located in close proximity to transit stop
parks, and community facilities.
L --.F. Recommendation of hearing examiner. Following the public hearing
provided for in this section, the hearing examiner shall make a report of
findings and recommendations with respect to the proposed amendment and
shall forward such to the city council, which shall have the final authority's
to act on the amendment.
1=-G. City council action.
1. Within thirty (30) days of receipt of the hearing examiner's
recommendation, the city council shall, at a regular public meeting,
consider the recommendation.
2. If the application for an amendment is denied by the city council,
the application shall not be eligible for resubmittal for one (1) year
from date of the denial, unless specifically stated to be without
prejudice. A new application affecting the same property may be
37
submitted if, in the opinion of the hearing examiner, circumstances
affecting the application have changed substantially.
SECTION 8. - Severability. If any one or more sections, subsections, or
sentences of this Ordinance are 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 9. - Effective Date. This Ordinance shall take effect and be in
force thirty (30) days after publication from the time of its final approval and passage as
provided by law.
ATTEST:
BRENDA JACOBM, CITY CLERK
I APPROVED AS TO FORM:
RO(MR A. LUBOVIC
PASSED: day of , 1997.
APPROVED: _� day of o ' , 1997.
PUBLISHED: % day of a ` ZQ '1997.
38
I hereby certify that this is a true copy of Ordinance No. 33V,5, 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: \LAW \O RD IN A N C\M f XE D U S E. ORD
(SEAL)
BRENDA J OB , CITY CLERK
39