HomeMy WebLinkAbout3792Ordinance No. 3792
(Amending or Repealing Ordinances)
CFN=131 - Zoning Code
Passed - 3/21/2006
Shipping Containers in Residential Zoning Districts
(Adding new Sec. 15.02.071; Amending 15.04.170;15.04.180 {adding #36})
Amends Ords. 3439;3470;3508;3521;3523;3551;3600;3612;
3663;3742;3770;3439;3470;3523;3551;3600;3612;3663;3690;
3742;3761
Amended by Ord. 3830 (Secs. 15.04.170;15.04.180)
Amended by Ord. 4003 (Sec. 15.04.170)
ORDINANCE NO. 32722 -
AN ORDINANCE of the City Council of the city
of Kent, Washington, amending Chapter 15 of Kent
City Code to conditionally allow the placement of cargo
containers in residential zoning districts, (#ZCA-2005-
7).
RECITALS
A. The City of Kent's Zoning Code recognizes the need of all legitimate
uses of land to be protected from other uses which are unrelated or incompatible
(KCC 15.01.020.C.2). The City has received complaints related to shipping
containers located in residential neighborhoods. These containers present a
potential for incompatibility with residential uses, particularly related to visual
blight.
B. The Land Use and Planning Board held a public hearing on January
9, 2006, and recommended approval of a zoning code amendment to conditionally
allow cargo containers in residential zoning districts. On February 27, 2006, the
Planning & Economic Development Committee also recommended approval of a
zoning code amendment to conditionally allow cargo containers in residential
zoning districts.
1 Shipping Containers in
Residential Zoning Districts
Amend KCC Chapter 15
C. On July 28, 2005, the city provided the required sixty (60) day
notification under RCW 36.70A.106 to the state of Washington regarding shipping
containers in residential zoning districts, and expedited review was granted on
August 12, 2005.
D. The City's State Environmental Policy Act responsible official
determined that SEPA review was not required because the amendments are
procedural in nature and therefore categorically exempt.
E. This ordinance conditionally allows for the placement of cargo
containers in residential zoning districts within the City of Kent.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1, — Amendment. Chapter 15.02 of the Kent City Code is
amended to add the definition of "cargo containers" as follows:
Chapter 15.02 Definitions.
Sec. 15.02.071. Cargo containers.
Cargo containers means a standardized, reusable vessel, designed without
an axle or wheels, which was:
A. Originally, specifically, or formerly designed for or used in the
packing, shipping movement or transportation of freight articles goods or
commodities; and/or
B. Designed for or capable of being mounted or moved on a rail car;
and or
2 Shipping Containers in
Residential Zoning Districts
Amend KCC Chapter 15
C. Designed for or capable of being mounted on a chassis or bogie for
movement by truck trailer or loaded on a ship.
When used for any purpose other than those listed in subsection A of this
section, a cargo container is a structure.
SECTION Z. — Amendment. Section 15.04.170 of the Kent City Code
entitled, "Agricultural and residential zone development standards" is amended as
follows:
3 Shipping Containers in
Residential Zoning Districts
Amend KCC Chapter 15
Sec. 15.04.170. Agricultural and Residential Zone Development Standards.
Zoning Districts
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10 ac
34,700
9,600
7,600
5,700
4,000
4,000
8,000
none
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none
8,000
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none
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sq ft
900
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sq it
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60 it
60 ft
50 it
50 ft
50 It
40 It
25 ft
soft
25 It
80 it
80 it
25 ft
80 it
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25 it
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80 it
25 ft
80 it
84 It
width feet (4)
Maximum site
30%
30%
45%
45%
50%
55%
55%
40%
55%
40%
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55%
40%
45%
551
40%
45%
55%
40%
45%
55'%
40%
50%
coverage percent
(5)
(5)
(5)
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of site
Minimum yard
(22)
requirements feet
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10 ft
10 ft
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(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
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(8)
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(8)
(8)
(8)
(9)
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(9)
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(9)
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(30)
(30)
(30)
(30)
(30)
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10 ft
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a corner lot
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(12)
(12)
(32)
(32)
(14)
(31)
(31)
(14)
(31)
(31)
(14)
(14)
(14)
setbacks/distances
(15)
(32)
(32)
(15)
(15)
(15)
(15)
between buildings
(32)
(31)
(31)
(32)
Height limitation
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25
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35 ft
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35 It
40 it
30 ft
35 ft
40 ft
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35 it
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60%
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impervious
(19)
(19)
(23)
(23)
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(19)
(19)
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(19)
(19)
(19)
(19)
(19)
(19)
(19)
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(19)
surface percentof
total parcel area
Zero lot line and
The provisions in KCC 15 OS 300, 15 08 310, 15 08 320, and 15 08 330 shall apply
clustering (24)
Signs
The sign regulations of Chapter 15 06 KCC shall apply
Off-street parking
The off-street parking requirement' of Chapter 15 05 KCC shall apply
Landscaping
The landscaping requirements of ( hapter 15 07 KCC shall apply
Multi -family
(25)
(25)
(25)
(25)
(25)
transition Area
:Multi -family
(26)
(26)
(26)
(26)
(26)
design review
Additional
Additional standards for specific uses are contained in Chs 15 08 and 15 09 KCC
standards
4dditional
(20)
(31)
(33)
(33)
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4
SECTION 3. - Amend. Section 15.04.180 of the Kent City Code, entitled
"Agricultural and residential land use development standard conditions," is amended
to read 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-of-way requirements as specified in the city comprehensive transportation
plan and city construction standards.
5 Shipping Containers in
Residentia/Zoning Districts
Amend KCC Chapter 15
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 be
provided.
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
6 Shipping Containers in
Residential Zoning Districts
Amend KCC Chapter 15
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
budding 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.
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.
7 Shipping Containers in
Residential Zoning Districts
Amend KCC Chapter 15
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 sod 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.
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.
8 Shipping Containers in
Residential Zoning Districts
Amend KCC Chapter 15
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, 0, C -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.
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, Binding Site Plans, and Lot Line Adjustments."
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.
9 Shipping Containers in
Residential Zoning Districts
Amend KCC Chapter 15
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 stands 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 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
10 Shipping Containers in
Residentia/Zoning Districts
Amend KCC Chapter 15
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 International Building Code
(IBC) or International Residential Code (IRC), as may be applicable.
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.
apply.
34. The downtown design review requirements of KCC 15.09.046 shall
35. Minimum lot area requirements do not apply to multifamily
development in the Kent Downtown Planning Area identified in KCC 15.09.046.
36. Cargo containers proposed to be located in a residential zone must
be located completely within a stick -built structure with a peaked roof and building
materials similar to that of the principal residence on the site. No containers
greater than ten (10) feet by twenty (20) feet may, be placed in residential districts.
This restriction does not apply to containers collecting debris or accepting
household goods for moving that are located on residential property for less than
72 hours. Additionally, institutional uses are exempt from these requirements
except when a shipping container is proposed to be located adjacent to or within
sight of a residential use.
i l Shipping Containers in
Residential Zoning Districts
Amend KCC Chapter 15
SEC77ON 4. — Savings The existing sections of the Kent City Code, which
are amended by this ordinance, shall remain in full force and effect until the
effective date of this ordinance.
SECTION 5, — Severabi/itv 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 portions of this ordinance and the same
shall remain in full force and effect.
SEC7TON 6. — Effective Date. This ordinance shall take effect and be in
force thirty (30) days from and after passage as provided by law.
JE�E COOKE, MAYOR
ATTEST:
a Gd---�
BRENDA ]ACOBER, CITY itLERK
APPROVED AS TO FORM:
TO BRUBAKE , CITY ATTORNEY
PASSED: -oZL day of March, 2006.
APPROVED: day of March, 2006.
PUBLISHED: a day of March, 2006.
12 Shipping Containers in
Residential Zoning Districts
Amend KCC Chapter t5
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
SEAL)
BRENDA JACOBER, CI CLERK
P \CMI\ORDINANCE�15 04 17015 02 071-ShlppingContainersResidentlal-TextAmend doc
13 Shipping Containers in
Residential Zoning Districts
Amend KCC Chapter 15