HomeMy WebLinkAbout3663Ordinance No. 3663
(Amending or Repealing Ordinances)
CFN=131 Zoning Codes
Passed - 10/7/2003
Amendment to KCC 12.04 Cluster Developments and 15.04
(Amending KCC Secs. 12.04.263;12.04.264;12.04.578;12.04.579;12.04.778;
12.04.779;15.04.170;15.04.180)
Amends Ords. 3439,3470,3508,3521,3523,3551,3600;3612
Amended by Ords. 3690;3742;3761;3770;3792;3830
Amended by Ord. 3906 (Ch. 12.04)
Amended by Ord. 4003 (Sec. 15.04.170)
Amended by Ord. 4035 (Sec. 12.04.263)
ORDINANCE NO. 240"
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending chapter 12.04 and
chapter 15.04 of the Kent City Code to provide for
cluster developments in the SR -1, SR -2, SR -3, SR -4.5,
SR -6, and SR -8 zoning districts.
WHEREAS, the City of Kent continues to endeavor to provide
flexibility in housing design, to discourage development sprawl, to facilitate the
economical and efficient provision of public services, and to preserve usable open
space and recreation areas; and
WHEREAS, the City has development regulations for traditional
housing formats, and it has recently adopted a planned unit development process for
residential developments to provide additional flexibility and to preserve open space;
and
WHEREAS, cluster subdivision means a development or division of
land in which residential building lots are reduced in size and concentrated in
specified portion(s) of the original lot, tract, or parcel; and
WHEREAS, the City desires to add the option to cluster single family
developments in order to further the City's density, open space, and other housing
development goals; and
1 Amendment to KCC 1204
Cluster Developments
WHEREAS, after providing appropriate public notice, the City held
public hearing on a proposal for cluster developments at the regular land use
planning board meeting on July 28, 2003; and
WHEREAS, the planning committee considered this matter at its
regularly scheduled meeting on August 19, 2003; and
WHEREAS, on July 25, 2003, the City provided the required sixty
(60) day notification of the City's proposed amendment for cluster developments
under RCW 36.70A.106 to the State of Washington; and
WHEREAS, the sixty (60) day notice period has lapsed and the
amendment is deemed appropriate, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. - Amendment. The heading of Section 12.04.263 of the
Kent City Code is amended as follows:
Sec. 12.04.263. Clustering in urban separators.
SECTION 2. - Amendment. The following Section 12.04.264 shall be
added to the Kent City Code:
Sec. 12.04.264. Clustering in residential zones outside urban
separators.
A. When located wholly outside an urban separator, cluster subdivisions are
allowed in SR -1, SR -2, SR -3, SR -4.5, SR -6 and SR -8 zoning districts subject to the
regulations below.
2 Amendment to KCC 12.04
Cluster Developments
B. The purpose of this cluster development option is as follows: to permit
greater flexibility in design and discourage development sprawl; to facilitate the
economical and efficient provision of public services; to provide a more efficient use
of land in harmony with its natural characteristics, to preserve more usable open
space, agricultural land, tree cover, recreation areas, and scenic vistas; and to expand
the opportunity for the development of affordable housing without increasing the
development's overall density. Development standards and review criteria are
intended to ensure that lots are consistent with the desired character of the zone,
allowing lots to vary in size and shape, while still adhering to the planned density of
the zone.
C. Cluster subdivisions shall be subject to the develoement standards outlined in
KCC Title 15, unless otherwise modified by this chapter. These standards include,
but are not limited to, minimum lot size, width, yards. setbacks, parking, landscaping,
and signage.
D. The provisions of KCC 12.04.235 through 12.04.255, as well as other
applicable portions of this chapter, shall apply unless specifically excepted. In
addition, the following standards shall apply to clustered Type I short subdivisions:
1._ Location. The cluster residential development may be allowed in SR-
I. SR -2, SR -3, SR -4.5, SR -6 and SR -8 zoning districts outside of urban separators.
2. Permitted uses. The cluster residential development option shall
include only single-family residential uses, as defined in KCC 15.02.115.
3. Minimum area. No minimum area is established for a cluster
residential development.
4. Permitted density. The maximum number of dwelling units permitted
in a cluster development shall be no greater than the number of dwelling units
allowed for the parcel as a whole for the zoning district in which it is located.
5. Lot size. In the interest of encouraging flexibility in site design and
the preservation of open space, the minimum lot size of individual building lots
within a cluster subdivision in single family residential zoning districts may be
reduced by twenty-five percent of the minimum lot size for the underlying zoning
district.
Amendment to KCC 12.04
Cluster Developments
6. Lot width. The minimum lot width for individual buildinglots in a
cluster subdivision shall be thiM (30) feet. The hearing examiner may allow a shared
driveway easement to be included in the minimum lot width of irregular lots,
provided the total driveway width is no greater than twelve (12) feet.
7. Other development standards. Development standards other than lot
size and lot width shall be the same as are required within the zoning district in which
the cluster residential development is located. Design review is required for cluster
development projects using the review criteria in KCC 15.09.045(C), Multifamily
design review.
8. Additional approval Criteria for cluster development projects.
a. The proposed cluster development project shall have a
beneficial effect upon the community and users of the development that would not
normally be achieved by traditional lot -by -lot development, and it shall not be
detrimental to existing or potential surrounding land uses as defined by the
comprehensive plan.
b. The proposed cluster development proiect shall be compatible
with the existing land use or property that abuts or is directly across the street from
the subject property. Compatibility mcludes, but is not limited to, apparent size,
scale, mass, and architectural design.
C. Unusual and sensitive environmental features of the site shall
be preserved, maintained and incorporated into the design to benefit the development
and the community.
d. The proposed cluster development project shall provide open
areas by using techniques such as separation of building groups, use of well-designed
open space, common or shared space, and landscaping. Open space shall be
integrated within the cluster development project rather than be an isolated element of
the project.
e. The proposed cluster development project shall promote
variety and innovation in site and building design and shall include architectural and
site features that promote community interaction and accessibility, such as porches
de-emphasized garages, shared driveways, sidewalks/walkways and adjacent
4 Amendment to KCC 12.04
Cluster Developments
common areas. Buildings shall be related by common materials and roof styles, but
contrast shall be provided throughout the site by the use of varied materials,
architectural detailing, building scale and orientation.
f. Building design shall be based on a unified design concent,
particularly when construction is in phases.
9. Common open space.
a. The common open space in cluster subdivisions shall be a
minimum of twenty-five (25) percent of the entire parcel, whether or not the parcel is
constrained by critical areas or buffers.
b. Parking areas, public rigbt of way, maneuvering areas, roads,
storage areas, driveways, and yards within individual lots shall not be included in
common open space.
C. The common open space tracts created by clustering shall be
located and configured in the manner that best connects and increases protective
buffers for environmentally sensitive areas, connects and protects area wildlife
habitat, creates connectivity between the open space provided by the clustering and
other adjacent open spaces as well as existing or planned public parks and trails, and
maintains scenic vistas.
d. All natural features (such as streams and their buffers,
significant strands of trees and rock outcropping), as well as sensitive areas (such as
steep slopes and wetlands and their buffers) shall be preserved.
e. Future development of the common open space shall be
prohibited. Except as specified on recorded documents creating the common open
space, all common open space resulting from lot clustering shall not be altered or
disturbed in a manner that degrades adjacent environmentally sensitive areas, rural
areas, agricultural areas, or resource lands; impairs scenic vistas and the connectivity
between the open space provided by the clustered development and adiacent open
spaces; degrades wildlife habitat; and impairs the recreational benefits enjoyed by the
residents of the development.
f. Ownership of such common open spaces may be retained by
the owner or subdivider, conveyed to residents of the development, conveyed to a
Amendment to KCC 1204
Cluster Developments
homeowners' association for the benefit of the residents of the development,
conveyed to the city with the city's consent and approval or conveyed to another
party upon approval of the city of Kent.
SECTION 3. - Amendment. The heading of Section 12.04.578 of the
Kent City Code is amended as follows:
Sec. 12.04.578. Clustering in urban separators.
SECTION 4. - Amendment. The following Section 12.04.579 shall be
added to the Kent City Code:
Sec. 12.04.579. Clusterine in residential zones outside urban
separators.
A. When located wholly outside an urban separator, cluster subdivisions are
allowed in SR -1, SR -2, SR -3, SR -4.5, SR -6 and SR -8 zoning distncts subject to the
regulations below.
B. The purpose of this cluster development option is as follows: to permit
greater flexibility in design and discourage development sprawl; to facilitate the
economical and efficient provision of public services; to provide a more efficient use
of land in harmony with its natural characteristics; to preserve more usable open
space, agricultural land, tree cover, recreation areas, and scenic vistas; and to expand
the opportunity for the development of affordable housing without increasing the
development's overall density. Development standards and review criteria are
intended to ensure that lots are consistent with the desired character of the zone,
allowing lots to vary in size and shape, while still adhering to the planned density of
the zone.
C. Cluster subdivisions shall be subject to the development standards outlined in
KCC Title 15, unless otherwise modified by this chapter. These standards include,
but are not limited to, minimum lot size width yards setbacks parking landscaping,'
and signage.
Amendment to KCC 12.04
Cluster Developments
D. The provisions of KCC 12.04.545 through 12.04.570, as well as other
applicable portions of this chapter, shall apply unless specifically excepted. In
addition, the following standards shallapply to clustered Type II short subdivisions:
1. Location. The cluster residential development may be allowed in SR -
1 SR -2, SR -3, SR -4.5, SR -6 and SR -8 zoning districts outside of urban separators.
2. Permitted uses. The cluster residential development option shall
include only single-family residential uses, as defined in KCC 15.02.115.
3. Minimum area. No minimum area is established for a cluster
residential development.
4. Permitted density. The maximum number of dwelling units permitted
in a cluster development shall be no greater than the number of dwelling units
allowed for the parcel as a whole for the zoning district in which it is located.
5. Lot size. In the interest of encouraging flexibility in site design and
the preservation of open space, the minimum lot size of individual building lots
within a cluster subdivision in single family residential zonmg districts may be
reduced by twenty-five percent of the minimum lot size for the underlying zoning
district.
6. Lot width. The minimum lot width for individual building lots in a
cluster subdivision shall be thirty (30) feet. The hearing examiner may allow a shared
driveway easement to be included in the minimum lot width of irregular lots,
provided the total driveway width is no greater than twelve (12) feet.
7. Other development standards. Development standards other than lot
size and lot width shall be the same as are required within the zoning district in which
the cluster residential development is located. Design review is required for cluster
development projects using the review criteria in KCC 15.09.045(C) Multifamily
design review.
8. Additional approval Criteria for cluster development proiects.
a. The proposed cluster development project shall have a
beneficial effect upon the community and users of the development that would not
normally be achieved by traditional lot -by -lot development and it shall not be
Amendment to KCC 1204
Cluster Developments
detrimental to existing or potential surrounding land uses as defined by the
comprehensive plan.
b. The proposed cluster development proiect shall be compatible
with the existing land use or property that abuts or is directly across the street from
the subject property. Compatibility includes, but is not limited to, apparent size,
scale, mass, and architectural design.
C. Unusual and sensitive environmental features of the site shall
be preserved, maintained and incorporated into the design to benefit the development
and the community.
d. The proposed cluster development project shall provide open
areas by usingtechniques such as separation of building groups, use of well-designed
open space, common or shared space, and landscaping. Open space shall be
the project.
e. The proposed cluster development project shall promote
variety and innovation in site and building design and shall include architectural and
site features that promote community interaction and accessibility, such as porches,
de-emphasized garages, shared driveways, sidewalks/walkways, and adjacent
common areas. Buildings shall be related by common materials and roof styles, but
contrast shall be provided throughout the site by the use of varied materials,
architectural detailing, building scale and orientation.
f Building design shall be based on a unified design conceit
particularly when construction is in phases.
9. Common open space.
a. The common open space in cluster subdivisions shall be a
minimum of twenty-five (25) percent of the entire parcel whether or not the parcel is
constrained by critical areas or buffers.
b. Parkin areas, republic right of way, maneuvering areas, roads
storage areas, driveways, and yards within individual lots shall not be included in
connnon open space.
Amendment to KCC 12.04
Cluster Developments
C. The common open space tracts created by clustering shall be
located and configured in the manner that best connects and increases protective
buffers for environmentally sensitive areas, connects and protects area wildlife
habitat, creates connectivity between the open space provided by the clustering and
other adjacent open spaces as well as existing or planned public parks and trails, and
maintains scenic vistas.
d. All natural features (such as streams and their buffers,
significant strands of trees and rock outcropping), as well as sensitive areas (such as
steep slopes and wetlands and their buffers) shall be preserved.
e. Future development of the common open space shall be
prohibited. Except as specified on recorded documents creating the common one
space, all common open space resulting from lot clustering shall not be altered or
disturbed in a manner that degrades adiacent environmentally sensitive areas, rural
areas, agricultural areas, or resource lands: impairs scenic vistas and the connectivity
between the open space provided by the clustered development and adjacent open
spaces: degrades wildlife habitat: and impairs the recreational benefits enjoyed by the
residents of the development.
f. Ownership of such common open spaces may be retained
under ownership by the owner or subdivider, conveyed to residents of the
development, conveved to a homeowners' association for the benefit of the residents
of the development, conveyed to the city with the city's consent and approval, or
conveyed to another party upon approval of the city of Kent.
SECTION S. - Amendment. The heading of Section 12.04.778 of the
Kent City Code is amended as follows:
Sec. 12.04.778. Clustering in urban separators.
9 Amendment to KCC 1204
Cluster Developments
SECTION 6. - Amendment The following Section 12.04.779 shall be
added to the Kent City Code:
Sec. 12.04.779. Clustering in residential zones outside urban
separators.
A. When located wholly outside an urban separator cluster subdivisions are
allowed in SR -1, SR -2, SR -3, SR -4.5, SR -6 and SR -8 zoning districts subject to the
regulations below.
B. The puMose of this cluster development option is as follows: to permit
greater flexibility in design and discourage development sprawl; to facilitate the
economical and efficient provision of public services, to provide a more efficient use
of land in harmony with its natural characteristics; to preserve more usable open
space, agricultural land, tree cover, recreation areas, and scenic vistas, and to expand
the opportunity for the development of affordable housing without increasing the
development's overall density. Development standards and review criteria are
intended to ensure that lots are consistent with the desired character of the zone,
allowing lots to vary in size and shape, while still adheringto o the planned densijy of
the zone.
C. _ Cluster subdivisions shall be subject to the development standards outlined in
KCC Title 15, unless otherwise modified by this chapter. These standards include,
but are not limited to, minimum lot size, width, yards, setbacks, parking landscaping,
and signage.
D. The provisions of KCC 12.04.745 through 12.04.770, as well as other
applicable portions of this chanter, shall apply unless specifically excepted In
addition, the following standards shall apply to clustered subdivisions:
1. Location. The cluster residential development may be allowed in SR -
1, SR -2, SR -3, SR -4.5, SR -6 and SR -8 zoning districts outside of urban separators
2. Permitted uses. The cluster residential development option shall
include only single-family residential uses, as defined in KCC 15.02.115
3. Minimum area. No minimum area is established for a cluster
residential development.
10 Amendment to KCC 12.04
Cluster Developments
4. Permitted density. The maximum number of dwelling units permitted
in a cluster development shall be no greater than the number of dwelling units
allowed for the parcel as a whole for the zoning district in which it is located.
5. Lot size. In the interest of encouraging flexibility in site design and
the preservation of open space, the minimum lot size of individual building lots
within a cluster subdivision in single family residential zoning districts may be
reduced by twenty-five percent of the minimum lot size for the underly zoning
oning
district.
6. Lot width. The minimum lot width for individual building lots in a
cluster subdivision shall be thirty (30) feet. The hearing examiner may allow a shared
driveway easement to be included in the minimum lot width of irregular lots,
provided the total driveway width is no greater than twelve (12) feet.
7. Other development standards. Development standards other than lot
size and lot width shall be the same as are required within the zoning district in which
the cluster residential development is located. Design review is required for cluster
development projects using the review criteria in KCC 15.09.045(C) Multifamily
design review.
8. Additional approval Criteria for cluster development projects.
a. The proposed cluster development project shall have a
beneficial effect upon the community and users of the development that would not
normally be achieved by traditional lot -by -lot development and it shall not be
detrimental to existing or potential surrounding land uses as defined by the
comprehensive plan.
b. The proposed cluster development project shall be compatible
with the existing land use or property that abuts or is directly across the street from
the subiect property. Compatibility includes but is not limited to apparent size
scale, mass, and architectural design.
C. Unusual and sensitive environmental features of the site shall
be preserved, maintained and incorporated into the design to benefit the development
and the community.
11 Amendment to KCC 1204
Cluster Developments
d. The proposed cluster development project shall provide open
areas by using techniques such as separation of building groups, use of well-designed
open space, common or shared space, and landscaping. Open space shall be
integrated within the cluster development project rather than be an isolated element of
the project.
e. The proposed cluster development project shall promote
variety and innovation in site and building design and shall include architectural and
site features that promote community interaction and accessibility, such as porches,
de-emphasized garages, shared driveways, sidewalks/walkways, and adjacent
common areas. Buildings shall be related by common materials and roof styles, but
contrast shall be provided throughout the site by the use of varied matenals,
architectural detailing, building scale and onentation.
f. Building design shall be based on a unified design concept,
particularly when construction is in phases.
9. Common open pace.
a. The common open space in cluster subdivisions shall be a
minimum of twenty-five (25) percent of the entire parcel wbether or not the parcel is
constrained by critical areas or buffers.
b. Parkin areas, reas, public right of way, maneuvering areas roads
storage areas, dnveways, and yards within individual lots shall not be included in
common open space.
C. The common open space tracts created by clustering shall be
located and configured in the manner that best connects and increases protective
buffers for environmentally sensitive areas connects and protects area wildlife
habitat creates connectivity between the open space provided by the clustenng and
other adjacent open spaces as well as existing or planned public parks and trails and
maintains scenic vistas.
d. All natural features (such as streams and their buffers
significant strands of trees and rock outcropping) as well as sensitive areas (such as
steep slopes and wetlands and their buffers) shall be preserved
12 Amendment to KCC 12.04
Cluster Developments
e. Future development of the common open space shall be
prohibited. Except as specified on recorded documents creating the common open
space, all common open space resulting from lot clustering shall not be altered or
disturbed in a manner that degrades adjacent environmentally sensitive areas, rural
areas, agricultural areas, or resource lands; impairs scenic vistas and the connectivity
between the open space provided by the clustered development and adjacent olen
spaces; degrades wildlife habitat; and impairs the recreational benefits enjoyed by the
residents of the development.
f. Ownership of such common open spaces may be retained
under ownership by the owner or subdivider, conveyed to residents of the
development, conveyed to a homeowners' association for the benefit of the residents
of the development, conveyed to the city with the city's consent and approval or
conveyed to another party upon approval of the city of Kent.
SECTION 7. — Amendment. Section 15.04.170 the Kent City Code is
amended as follows:
13 Amendment to KCC 1204
Cluster Developments
See. 15.04.170. Agricultural and Residential Zone Development Standards.
Zoning Districts
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Maximum density:
l did
1 dulac
218
3.63
453
6.05
8.71
8.71
1099
12.0
16A
ice
ice
16
230
23
40.0
40
dwelling units per
lost
dus/ac
dus/
dud
dus/
dust
dual
1120
dug/&c
dud
dost
due
dad
dad
dns/
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duxd
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acre
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Minimum lot area:
10 ae
34,700
16,000
9,600
7,600
5,700
4,000
4,
8,000
none
8,000
8,
none
8,000
now
8,000
8,500
none
8,000
,500
now
8,000
8,500
square feet Or
sq ft
sqft
sq ft
sq ft
sq ft
sq ft
sq R
sq 11
x9 it
3,500
sqft
3,500
sq ft
2,500
sq R
1,600
s9 R
900
urea, as noted
sq ft
sq ft
sq R
sq R
sq ft
(27)
(1)
(2)
(3)
Minimum lot
60 R
60 ft
50 R
50 R
50 R
50 R
4011
25 R
80 R
25 ft
8o ft
Soft
25 ft
8o R
80 ft
25 R
80 R
80 ft
25 R
80 ft
80 ft
25 ft
80 R
80 h
width: feet (4)
Maldmum site
30%
30%
30%
45%
45%
50%
55%
55%
40%
45%
55%
40%
45%
55%
40%
45%
557.
40%
45%
55%
40%
50%
coverage: percent
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
of site
155%140%
Minimum yard
(22)
requirements: feet
Front yard
2011
20ft
loft
10ft
1011
loft
loft
loft
10ft
loft
10ft
20ft
1011
loft
2011
lOR
loft
2011
loft
1011
2011
1011
10ft
2011
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
Side yard
1511
15ft
5 f
5 f
5 f
5 i
5 f
5 I
5 f
5 i
5 f
(11)
SR
5 f
(11)
5 i
5 i
(11)
5 f
5 i
(11)
5 i
5 i
(11)
(S0)
(30)
(30)
(30)
(30)
(30)
Side yard on
2oft
20ft
loft
loft
loft
loft
loft
loft
loft
loft
loft
1511
loft
loft
1511
loft
loft
1511
loft
1011
1511
loft
loft
1511
flanking street of
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
a corner lot
Rearyard
20 it
1511
5 i
SR
5 I
5 f
5 i
5 I
8R
5 i
811
20 it
50
BR
20ft
5 f
811
2011
5 I
8 f
20 It
5 i
811
20 It
Additional
(12)
(12)
(32)
(32)
(14)
(31)
(3)
(14)
(31)
(31)
(14)
(14)
(14)
setbacks/distances
(15)
(32)
(32)
(15)
(15)
(15)
(IS)
between buildings
(32)
(31)
(31)
(32)
Height limitation:
2S
LS airy
25
25
2S
2S
2S
2.5
25
2.5
2 $try/
3
25
2 stry/
3
2 5
3
2.5
25
3
25
2.5
4
in stories/not to
stry/
35 ft
stry/
stry/
stry/
stry/
stry/
stry/
stry/
stry/
30 ft
stryl
stry/
30 R
stry/
s"I
stry/
stry/
stry/
stry/
stryl
stry/
stry/
stry/
exceed in feet
35 it
354
35 R
35 R
35ft
30 R
30 R
35 ft
30 it
30 R
30 it
125
3011
30 R
3511
4011
3011
35 ft
40 R
30 R
35 ft
50 ft
(16)
Maximum
40%
40%
40%
50%
60%
70%
75%
75%
10%
75%
70%
70%
75%
70%
70%
75%
70Y.
75%
70%
75%
70%
impervious
(19)
(19)
(23)
(23)
(23)
(23)
(23)
(19)
(19)
(19)
(19)
(19)
(19)
(19)
(19)
(19)
(19)
(19)
(19)
(19)
(19)
surface: percent of
total parcel area
Zero lot line and
The provisions in KCC 15.08300,15 08.310, 1508.320, and 15.08.330 shall apply
clustering (24)
Signs
The sign regulations of Chapter 15 06 KCC shag apply
Off-street parking
The oft -street parking requiremenu of Chapter 15 05 KCC shall apply
Landscaping
The landscaping requirements or Chapter 15.07 KCC shall apply
Multi -family
(25)
(25)
(25)
1
1 (25)
1
1
(25)
transition Area
Multi -family
(26)
(26)
(26)
(26)
26)
(1
design review
1
Additional
Adrhdoml standards for specific uses are contained in ChL 15 08 and 15 09 KCC
standards
Additional
(Z0)
(31)JU
JM
33
J�
JL3
(28)
(28)
s an rds
(33l
(29)
(29)
14
SECTION 8. —Amendment. Section 15.04.180 the Kent City Code is
amended as follows:
Sec. 15.04.180. Agricultural and residential land use development
standard conditions.
1. Minimum lot area is eight thousand five hundred (8,500) square feet for the
first two (2) dwelling units, and two thousand five hundred (2,500) square feet for
each additional dwelling unit.
2. Minimum lot area is eight thousand five hundred (8,500) square feet for the
first two (2) dwelling units, and one thousand six hundred (1,600) square feet for
each additional dwelling unit.
3. Minimum lot area is eight thousand five hundred (8,500) square feet for the
first two (2) dwelling units, and nine hundred (900) square feet for each additional
dwelling unit.
4. To determine minimum lot width for irregular lots, a circle of applicable
diameter (the minimum lot width permitted) shall be scaled within the proposed
boundaries of the lot; provided, that an access easement to another lot is not included
within the circle.
5. Interior yards shall not be computed as part of the site coverage.
6. Porches and private shared courtyard features may be built within the front
building setback line.
7. For properties abutting on West Valley Highway, the frontage on West
Valley Highway shall be considered the front yard.
8. Proposed front yards less than twenty (20) feet in depth are subject to
approval by the planning manager, based on review and recommendation from the
public works department relative to the existing and future traffic volumes and right -
15 Amendment to KCC 12.04
Cluster Developments
of -way requirements as specified in the city comprehensive transportation plan and
city construction standards.
9. At least twenty (20) linear feet of driveway shall be provided between any
garage, carport, or other primary parking area and the street property line with the
exception of an alley property line.
10. An aggregate side yard of thirty (30) feet shall be provided. A minimum of
ten (10) feet shall be provided for each side yard. On a corner lot the side yard
setback shall be a minimum of twenty (20) feet from the property line.
11. Each side yard shall be a minimum of ten (10) percent of the lot width;
however, regardless of lot width, the yard width need not be more than thirty (30)
feet. For multifamily townhouse developments that attach three (3) units or less, in
the MRT-12 or MRT-16 zoning districts the aggregate yard width need not be more
than thirty (30) feet, but in no case shall a yard be less than ten (10) feet.
12. Structures for feeding, housing, and care of animals, except household pets,
shall be set back fifty (50) feet from any property line.
13. Additional setbacks for the agriculture general AG zoning district.
a. Structures for feeding, housing, and care of animals shall be set back
fifty (50) feet from any property line.
b. Transitional conditions shall exist when an AG district adjoins a
residential district containing a density of two (2) 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 fifty (50) feet shall provided.
16 Amendment to KCC 12.04
Cluster Developments
C. Setbacks, Green River. Industrial development in the 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 two hundred (200) feet. Such setbacks are in accordance with the city
comprehensive plan and in accordance with the high quality of site development
typically required for the industrial park areas of the city and in accordance with the
state Shoreline Management Act of 1971, and shall be no more restrictive than, but
as restrictive as, the Shoreline Management Act.
14. An inner court providing access to a double -row building shall be a minimum
of twenty (20) feet.
15. The distance between principal buildings shall be at least one-half the sum of
the height of both buildings; provided, however, that in no case shall the distance be
less than twelve (12) feet. This requirement shall also apply to portions of the same
building separated from each other by a court or other open space.
16. The height limitations shall not apply to barns and silos; provided, that they
are not located within fifty (50) feet of any lot line.
17. Beyond this height, to a height not greater than either four (4) stories or sixty
(60) feet, there shall be added one (1) additional foot of yard for each additional foot
of building height.
18. The planning manager shall be authorized to approve a height greater than
four (4) stories or sixty (60) feet, provided such height does not detract from the
continuity of the area. When a request is made to exceed the building height limit,
the planning manager may impose such conditions, within a reasonable amount of
time, as may be necessary to reduce any incompatibilities with surrounding uses.
19. Except for lots used for agricultural practices, the maximum impervious
surface area allowed shall be ten thousand (10,000) square feet when the lot is
greater than one (1) acre.
17 Amendment to KCC 12.04
Cluster Developments
20. The following uses are prohibited:
a. The removal of topsoil for any purpose.
b. Grade and fill operations; provided, that limited grade and fill may be
approved as needed to construct permitted buildings or structures.
C. All subsurface activities, including excavation for underground
utilities, pipelines, or other underground installations, that cause permanent
disruption of the surface of the land. Temporarily disrupted soil surfaces shall be
restored in a manner consistent with agricultural uses.
d. Dumping or storage of nonagricultural solid or liquid waste, or of
trash, rubbish or noxious materials.
e. Activities that violate sound agricultural soil and water conservation
management practices.
21. Outdoor storage for industrial uses shall be located at the rear of a principally
permitted structure and shall be completely fenced.
22. Mobile home park combining district, MHP. The standards and procedures
of the city mobile home park code shall apply. General requirements and standards
for mobile home park design, KCC 12.04.055; mobile home parks, Ch. 12.05 KCC.
23. Except for lots used for agricultural practices, the maximum impervious
surface area allowed shall be ten thousand (10,000) square feet.
24. Minimum lot width, building setbacks, and minimum lot size regulations may
be modified consistent with provisions for zero lot line and clustering housing
development.
25. The requirements of KCC 15.08.215 shall apply in any multifamily transition
area, which includes any portion of a multifamily district within one hundred (100)
feet of a single-family district or within one hundred (100) feet of a public street
right-of-way.
18 Amendment to KCC 1204
Cluster Developments
26. The requirements of KCC 15.09.045 for multifamily design review shall
apply to any multifamily dwelling of three (3) or more units.
27. Minimum lot area is eight thousand five hundred (8,500) square feet for the
first two (2) dwelling units, and three thousand five hundred (3,500) square feet for
each additional dwelling unit.
28. The following zoning is required to be in existence on the entire property to
be rezoned at the time of application of a rezone to an MR -T zone: SR -8, MR -D,
MR -G, MR -M, MR -H, O, O -MU, NCC, CC, GC, DC, or DCE.
29. All multifamily townhouse developments in the MR -T zone shall be
condominiums only. A condominium plat shall be filed and recorded pursuant to
Chapter 64.32 RCW prior to approval of a development permit by the city.
30. As an option to the five (5) foot side yard requirement for single-family
development in all multifamily zoning districts as set forth in KCC 15.04.170, a side
yard width of no less than three (3) feet may be utilized under the following
conditions:
a. Fire hydrants for the development, as required by the fire code set
forth in KCC Title 13, will be placed a maximum of three hundred (300) feet in
separation;
b. The required fire hydrants shall have a minimum fire flow of one
thousand five hundred (1,500) gallons per minute; and
C. Emergency vehicle access roads shall be provided to the development,
which includes an improved road accessible within one hundred fifty (150) feet of all
portions of the exterior first floor of the structure.
This option is subject to the approval of the Washington State Building
Council. Application of this option shall be effective upon receipt by the city of Kent
of such approval.
19 Amendment to RCC 1204
Cluster Developments
31. Where lands are located wholly or partially within the urban separator, as
designated on the City of Kent Comprehensive Land Use Plan Map, dwelling units
shall be required to be clustered, subject to the provisions of Ch. 12.04 KCC, entitled
"Subdivisions." The density in a cluster subdivision shall be no greater than the
density that would be allowed on the parcel as a whole, including all critical areas
(creeks, wetlands, geological hazard areas), and buffers, using the maximum density
provisions of the zoning district in which it is located.
The common open space in a cluster subdivision shall be a minimum of fifty
(50) percent of the nonconstrained area of the parcel. The nonconstrained area of the
parcel includes all areas of the parcel, minus critical areas, as defined in RCW
36.70A.030(5) as currently and hereinafter amended, and buffers. The remainder of
the nonconstrained area of the parcel shall be the buildable area of the parcel. The
common open space tracts created by clustering shall be located and configured in
the manner that best connects and increases protective buffers for environmentally
sensitive areas, connects and protects area wildlife habitat, creates connectivity
between the open space provided by the clustering and other adjacent open spaces as
well as existing or planned public parks and trails, and maintains scenic vistas.
Critical areas and buffers shall not be used in determining lot size and common open
space requirements in a cluster subdivision. All natural features (such as streams and
their buffers, significant strands of trees, and rock outcropping), as well as sensitive
areas (such as steep slopes and wetlands and their buffers) shall be preserved, as
open space in a cluster subdivision.
Future development of the common open space shall be prohibited. Except
as specified on recorded documents creating the common open space, all common
open space resulting from lot clustering shall not be altered or disturbed in a manner
that degrades adjacent environmentally sensitive areas, rural areas, agricultural areas,
or resource lands; impairs scenic vistas and the connectivity between the open space
provided by the clustered development and adjacent open spaces; degrades wildlife
habitat; and impairs the recreational benefits enjoyed by the residents of the
development. Such common open spaces may be retained under ownership by the
20 Amendment to KCC 12.04
Cluster Developments
owner or subdivider, conveyed to residents of the development, conveyed to a
homeowners association for the benefit of the residents of the development,
conveyed to the city with the city's consent and approval or to another party upon
approval of the city of Kent.
The minimum lot size of individual lots within a clustered subdivision is two
thousand five hundred (2,500) square feet, and the minimum lot width is thirty (30)
feet. In the event that common open space prohibits development of one single-
family residence on the parcel, the common open space will be reduced by the
amount necessary to meet the minimum two thousand five hundred (2,500) square
foot lot size. New lots created by any subdivision action shall be clustered in groups
not exceeding eight (8) units. There may be more than one (1) cluster per project.
Separation between cluster groups shall be a minimum of one hundred twenty (120)
feet. Sight -obscuring fences are not permitted along cluster lot lines adjacent to the
open space area.
32. For multifamily townhouse developments that attach three (3) units, the
minimum building to building separation shall be ten (10) feet. For duplex and
single-family condominium townhouse developments, the minimum building to
building separation shall be established through the Uniform Building Code (UBC).
33. Where lands are located wholly outside the urban separator, as designated on
the City of Kent Comprehensive Land Use Plan Map, dwelling units may be
clustered, subject to the applicable provisions of Ch. 12.04 KCC.
SECTION 9. — Effect. The existing sections of the Kent City Code,
which are repealed and replaced by this ordinance, shall remain in full force and j
effect until the effective date of this ordinance.
21 Amendment to KCC 12.04
Cluster Developments
SECTION 10. — Severability. If any one or more section, 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 11. — Effective Date. This Ordinance shall take effect and
be in force thirty days (30) days from and after its passage as provided by law.
ATTEST:
BRENDA JACOBER, CI CLERK '
APPROVED AS TO FORM:
�(�tk
TOM BRUBAKER, CITY ATTORNEY
PASSED: '7 day of Dc� , 2003.
APPROVED: day of , 2003.
PUBLISHED: day of , 2003.
I hereby certify that this is a true copy of Ordinance No. 364 3
passed by tDe•.-01y vufzeil of the City of Kent, Washington, and approved by the
S J
Mayor of the,Ci4y o enLA hereon indicated.
BRENDA JACOBE ITY CLERK
P%D5 iROrd ce\ClusterDevelopdTMt.dm
22 Amendment to KCC 12.04
Cluster Developments