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HomeMy WebLinkAbout3440(Amending or Repealing Ordinances) CFN=131 - Zoning Codes Passed - 2/16/1999 Mixed Use (Amends Secs. 15.04.020;15.04.030;15.04.200) Amends Ords 3222 & 3439 Amended by Ord. 3470 (Secs. 15.04.020;15.04.030) Amended by Ord. 3543 (Sec. 15.04.020) Amended by Ord. 3600 (Secs. 15.04.020;15.04.030;15.04.200) Amended by Ord. 3612 Amended by Ord. 3615 (Secs. 15.04.020;15.04.030) Amended by Ord. 3753;3759 (Secs. 15.04.020;15.04.030) Amended by Ord. 3761 (Sec. 15.04.030) Amended by Ord. 3770 (Sec. 15.04.020) Amended by Ord. 3830; 4011 (Sec. 15.04.020;15.04.030) ORDINANCE NO. 3 O AN ORDINANCE of the City Council of the City of Kent, Washington, relating to comprehensive plan and zoning code amendments for mixed use development (CPA -98-3 and ZCA-98-5) requiring residential development in mixed use overlay in the General Commercial (GC) zone to be combined with commercial development and revising some development standards in the mixed use overlay in General Commercial (GC) zone to be consistent with the development standards in the mixed use overlay in the Community Commercial (CC) and Office (0) zoning districts. WHEREAS, in 1995, the Kent Comprehensive Plan designated areas in the City of Kent for mixed use development, allowing residential and uses to be combined; and WHEREAS, the land use plan map and the comprehensive plan specific areas on West Meeker Street, North Central Avenue, and 104' Avenue as mixed use; and WHEREAS, in order to implement the comprehensive plan policies support mixed use development, the Planning Department developed recommendations amendments to the zoning code for the general commercial (GC), community commercial (CC), and office (0) zoning districts; and WHEREAS, after review by the Land Use & Planning Board and the City Council Planning Committee, the City Council adopted these amendments in 1997 and the amendments established a mixed use overlay in portions of the GC, CC and O zones; and 1 Mixed Use WHEREAS, within the mixed use GC zone, stand-alone multi residential development was permitted; in the CC and O mixed use overlay residential uses were required to be combined with commercial uses; and WHEREAS, in July of 1998, the Mayor and City Council requested that Land Use & Planning Board consider amendments to the zoning code with regard to use provisions allowing stand alone multifamily residential development in the GC districts; and WHEREAS, after discussion of the issue in workshops in August September, the board considered planning and zoning amendments proposed' by Planning Department at the October 26, 1998 hearing; and WHEREAS, the Planning Department staff report recommended the planning and zoning designations and permitted uses in the GC zone to be similar to the CC and O zones, meaning that any multifamily residential development would be required to be combined with commercial development; and WHEREAS, following the October 26, 1998 public hearing, the Land Use & Planning Board voted to recommend no changes to the current mixed use zoning regulations in the GC zones; and WHEREAS, the matter was subsequently referred to the Public Works and Planning Committee by the full City Council; and WHEREAS, the Public Works and Planning Committee considered this item on January 20, 1999, and voted to recommend to the full City Council that the comprehensive plan and zoning code be amended as outlined in the October 26, 1998 report to the Land Use & Planning Board; and 2 Mixed Use WHEREAS, the amendments proposed in the October 26, 1998 staff would require residential development in the GC zone mixed use overlay to be with commercial development; and WHEREAS, the Kent City Council considered the recommendation of Public Works and Planning Committee and moved to approve an amendment to 1 comprehensive plan and zoning code which would require residential development in 1 mixed use overlay in the GC zone to be combined with commercial development, and revise some development standards in the mixed use overlay in the GC zone to consistent with the development standards in the mixed use overlay in the commun commercial and office zoning districts; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City of Kent comprehensive plan adopted by No. 3222, as subsequently amended, is hereby amended to establish a new plan designation for areas in the valley adjacent to downtown from "Mixed Use" to "Mixed Use - Limited Multifamily" as depicted in the map attached as Exhibit A and incorporated herein by this reference (CPA -98-3). SECTION 2. The mixed use designation on page 4-28 of the Land Use Element is hereby amended as follows: The mixed use designation allows retail, office, and multifamily residential uses together in the same area. -There ao two- m -e-a i o aesjgn at as a POFM4Wd Use, ak)fig With f8tail--Aiid- e€f-ee—osee; the at — The mixed use desi ng a_ tion allows multifamily residential uses only if they are part of a mixed use development. 3 Mixed Use SECTION 3. Land Use Policy No. LU -6.2 of the Land Use Element of Kent Comprehensive Plan is hereby amended as follows: Allow residential uses in activity centers. Develop residential uses as part of a commercial area in a mixed use development SECTION 4. Section 15.04.020 of the Kent City Code is hereby by amending multifamily dwelling, general commercial (GC) from footnote (3) to footnote designation (2) as follows: 4 Mixed Use Sec. 15.04.020. Residential Land Uses. 5 Zoning Districts Key P = Principally Permitted Uses S =Special Uses E2 10 C = Conditional Uses W A = Accessory Uses d o o c c 75 o c c 2 g.� m _L E _ d w Zi c ? _m v v iu v c z j Lc c a� E a> a> > > E E au .c w x a 0) X a� E p L m U E Eo o E E o E o m 2 m M c U m E C9 m E E m E E 5 c W W N E o o U o U U m E c ,ze Y S S E m c Lc- LL ti LL m d a_xi 0 E 2 aci 2£ n L` c 3 3 8 3 E E E E o U ¢ a c c w _w U m ED C Cm C rn 5 C/) rn 0 m i� d rn a� a 4> E E g c c E E f° m w m $ m 5 v i_° 3 Co4 N M to C?C7 Cn 2 = Il Z O U O C3 LU U r U N N 0 �_ "O C '=O C 'O C E J d U C7 C'> U Q Q U) U) U CO U (A ^2 '2 Z U U D U J D U rG U U :.'� O Q cL rL CD One single-family dwelling per lot P P P P P P P P P P P P P A(1) A(1) A(1) A(1) One duplex per lot P One modular home per lot P P P P P P P P P P P Duplexes P P P Multifamily dwellings P P P P P(4) P P P P C (2) C(5) 2 (2) (15) Multifamily dwellings for senior citizens P(2) P P P(3) I P(2) Mobile homes and manufactured homes P Mobile home parks p P P P P (13) (13) (13) (13) Group homes class I -A P P P P P P P P P P P p P P P P C C C C P Group homes class I -B P P P P P P P P C C C C P Group homes class I -C C C P P P P P P C C C C P Group homes class II -A C C C C C C C C C C C C C Group homes class II -B C C C C C C C C C C C C C Group homes class II -C C C C C C C C C C C C C C Group homes class III C C C C C C C C C Rebuild/accessory uses for existing P(6) P(6) P(6) P(6) P(6) 1'(6) P(6) 1'(6) P(6) P(6) 1'(6) P(6) P(6) P(6) P(6) dwellings Transitional housing P(7) P(7) Guest cottages and houses A(8) A(8) A(8) A(8) Rooming and boarding of not more than A A A A A A A A A three persons Farm worker accommodations A A(g) A A(9) (17) (17) Accessory uses and buildings 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 customarily appurtenant to a permitted (18) use Accessory dwelling units A A A A A A A A A A A A A (10) (10) (10) (10) (10) (10) (10) (10) (10) 00) 1(10) (10) (10) Accessory Irving quarters A A A A A A A A A A A A A A A (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) Home occupations A A A A A A A A A A A (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) Service buildings A Storage buildings and storage of A A A A A A A A A A A A recreational vehicles (16) (16) (16) (16) (16) (16) (16) (16) (16) (16) (16) Drive-in churches; welfare facilities: 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 Drive-in churches, retirement homes, (12) convalescent homes and other welfare facilities whether privately or publicly operated, facilities for rehabilitation or correction, etc. 5 SECTION S. Section 15.04.030 of the Kent City Code is hereby as follows: Sec. 15.04.030. Residential Land Use Development Conditions. 1. Dwelling units, limited to not more than one (1) per establishment, for security or maintenance personnel and their families, when located on the premises where they are employed in such capacity. No other residential use shall be permitted. 2. Multifamily residential use shall be permitted only in the mixed-use overlay when included within a mixed use development. 3. [Reserved.] Multifamily r-esidential use shall bepefmit4eEj a 81,15,t148 a 4. Multifamily residential uses, when established in buildings with commercial or office uses, and not located on the ground floor. 5. Multifamily residential uses, when not combined with commercial or office uses. 6. 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. 7. Transitional housing facilities, limited to a maximum of twenty (20) residents at any one (1) time and four (4) resident staff. 8. Guesthouses not rented or otherwise conducted as a business. 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 subject to the provisions of Section 15.08.350. 11. Customary incidental home occupations subject to the provisions of section 15.08.040. 12. Except for transitional housing with a maximum of twenty (20) residents and (4) staff. 13. Subject to the combining district requirements of the Mobile Home Park Code, KCC 12.05. 6 Mixed Use 14. Accessory living quarters are allowed per the provisions of Section 15.08.359. 15. Multi -family residential use shall be permitted as a conditional use only wr included in a mixed use development. 16. Recreational vehicle storage is permitted as an accessory use in accordance w Section 15.08.080. IT Accommodations for farm operators and employees, but not accommodations transient labor. 18. Other accessory uses and buildings customarily appurtenant to a permitted i except for onsite hazardous waste treatment and storage facilities, which are permitted in residential zones. as follows: SECTION 6. Section 15.04.200 of the Kent City Code is hereby 7 Mixed Use Section 15.04.200 Mixed Use overlay development standards. A OVERLAY DISTRICTS GC -MU 0 -MU CC -MU Floor area ratio 40 for commercial uses 40 for commercial uses .40 for commercial uses 50 for commercial uses combined 50 for commercial uses combined 50 for commercial uses combined with residential uses, provided that, with residential uses; provided that, with residential uses, provided that, commercial floor area may be commercial floor area may be commercial floor area may be increased by one square foot for each increased by one square foot for each increased by one square foot for each square foot of residential floor area square foot of residential floor area square foot of residential floor area provided up to a maximum provided up to a maximum provided up to a maximum commercial FAR of 5 commercial FAR of 5 commercial FAR of 5 10 for residential uses, provided that, 10 for residential uses, provided that, 10 for residential uses, provided that, residential FAR may be increased by residential FAR may be increased by residential FAR may be increased by 5 if parking is provided below grade, 5 if parking is provided below grade, 5 if parking is provided below grade, up to a maximum of 1 5 up to a maximum of 1 5 up to a maximum of 1.5 Site coverage Forty (40) percent for commercial Forty (40) percent for commercial Forty (40) percent for commercial uses uses uses Seventy 4) Six 60 percent Sixty (60) percent for commercial uses Sixty (60) percent for commercial uses for commercial uses with residential with residential uses, provided that with residential uses, provided that uses, provided that twenty-five (25) twenty-five (25) percent of the gross twenty-five (25) percent of the gross percent of the gross floor area is floor area is residential use floor area is residential use residential use Height Twenty-five (25) feet, provided that Twenty-five (25) feet, provided that Twenty-five (25) feet, provided that basic heights may be increased up to basic heights may be increased up to basic heights may be increased up to the maximum height of f%, (50) forty the maximum height of forty (40) feet the maximum height of forty (40) feet feet (1) (1) (1) Front yard Zero (0) feet, provided that some Zero (0) feet, provided that some Zero (0) feet; provided that some setback may be required in the front setback may be required in the front setback may be required in the front yard to accommodate a sidewalk yard to accommodate a sidewalk yard to accommodate a sidewalk which shall be at least ten (10) feet in which shall be at least ten (10) feet in which shall be at least ten (10) feet in width width width Rear and side Zero (0) feet, provided that setbacks of Zero (0) feet, provided that setbacks of Zero (0) feet, provided that setbacks of yard at least twenty (20) feet will be in at least twenty (20) feet will be at least twenty (20) feet will be required any rear or side yards that required in any rear or side yards that required in any rear or side yards that are adjacent to a residential zoning are adjacent to a residential zoning are adjacent to a residential zoning district district district. Off-street parking Retail/office uses Retail/office uses Four (4) spaces per Retail/office uses Four (4) spaces per (343) Four 4 spaces per thousand thousand (1,000) square feet of floor thousand (1,000) square feet of floor (1,000) square feet of floor area (2) area. (2) area. (2) Residential uses (3) Residential uses (3) Residential uses (3) A SECTION 7. - Severability. If any one or more sections, subsections, sentences of this Ordinance are held to be unconstitutional or invalid, such decision not affect the validity of the remaining portion of this Ordinance and the same shall in full force and effect. SECTION 8. - Effective Date. This Ordinance shall take effect and be force five (5) days from and after the date of passage and publication as provided by law, �N - ATTEST: lvon"2'� CITY CLERK �EPuTY - J)C)A) )f? SW19 W APPROVED AS TO FORM: R ER A. UBOVICH, CITY PASSED: day of , 1999. APPROVED: day of , 1999. PUBLISHED: 9 day of '1999. I hereby certify that this is a true copy of Ordinance No. ?!V!V0, by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) R, CITY CLERK P \Croi lOuJinanc� narzra u4; r:�r, - —P 0k) A-2 r7 yA S LJ A w L Pu - _ 9 Y M&ed Use City of Kent - Planning Department APPLICATION NAME: Mixed Use NUMBER: #CPA -98-3 REQUEST: Comprehensive Plan Amendment Application boundary REQUEST: MIXED USE TO MIXED USE, LIMITED MULTIFAMILY F Wa S S 228TH ST Q I, S :Y, LANDING> WAy S 234TH ST N II S 236TH S �— II W LE W ST I ME�t�if AL 3 T EE'/V w o c rus` PL YF/EL A,r G R c/rrLi SfKl�S v sr � ; `Y���ry�` W > KENT bYa4DEN W"Win' pG I6}:, CQ4l1,tJN.S� PLAYF/EC� ¢ N� RUSSELL kYJAD a"F` iw -' A£T z a PIGNEER PgRK ;�J ANO _ SMITH �a =14F n' SMITH ST R/!✓ERWADS�� ,yST UA❑ wI�T GOLF 3' •. EEKE r• F 1r tit t62 I ¢ C] GOWE S El Y V p Q � NdLL OEA 5 ST T K N/S� ST F/REQ a RK N srA a APPLICATION NAME: Mixed Use NUMBER: #CPA -98-3 REQUEST: Comprehensive Plan Amendment Application boundary REQUEST: MIXED USE TO MIXED USE, LIMITED MULTIFAMILY