HomeMy WebLinkAbout3895CFN=131 - Zoning Codes
Passed - 11/18/2008
Cottage Housing Development
Amended by Ord. 3948
The date ["Beginning July 1, 1998"] has led to confusion. This date will be deleted from cover sheets of
ordinance/resolution revision pages. This cover sheet will be deleted on electronic pages only, no other
deletions or changes have been made to the document — 6/21/2012.
ORDINANCE NO.,21V -5
AN ORDINANCE of the City Council of the
City of Kent, Washington, to allow development of
a limited number of cottage housing projects that
demonstrate a housing choice not currently
available in Kent's neighborhoods.
RECITALS
A. The purpose of this demonstration ordinance is to assess the
viability of cottage housing in Kent. In support of Comprehensive Plan
Goals LU -10 and H-5 this demonstration ordinance allows development of
a limited number of projects that demonstrate a housing choice not
currently available in Kent. The City will use this demonstration ordinance
to allow for construction of demonstration projects and will analyze
adoption of a permanent cottage housing ordinance upon completion of
the demonstration projects.
B. On August 8, 2008, the City requested and was granted
expedited review on August 25, 2008, from the State of Washington under
RCW 36.70A.106 of the City's intent to adopt the Cottage Housing
Demonstration Ordinance.
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C. The City's SEPA responsible official has determined that a
threshold determination under SEPA is not required for the passage of the
Cottage Housing Demonstration Ordinance.
D. The development and public involvement process for the
Cottage Housing Demonstration Ordinance included the City's Land Use
and Planning Board who held workshops during its meetings on June 9 and
August 11, 2008, and public hearings on August 25 and September 22,
2008. The City's Planning and Economic Development Committee also
reviewed and discussed the Cottage Housing Demonstration Ordinance at
its meetings on April 14 and October 13, 2008. The Committee also held
a public hearing on November 10, 2008. The City Council voted to adopt
the Cottage Housing Demonstration Ordinance on November 18, 2008.
ORDINANCE
SECTION 1. —General Authority.
A. Purpose. The purpose of this demonstration ordinance is to allow
development of a limited number of projects that demonstrate a housing
choice not currently available in Kent's neighborhoods, in support of
Comprehensive Plan Goals LU -10 and H-5. The City will use this
demonstration ordinance to allow for construction of demonstration
projects to assess the viability of cottage housing in Kent. Adoption of a
permanent cottage housing ordinance will be discussed upon completion
of the construction of the demonstration projects.
B. Goals. The goals of this ordinance are to:
1. Provide a housing type that responds to changing household
sizes and ages (e.g., retirees, small families, single person households);
2. Provide opportunities for ownership of small, detached
dwelling units within a single-family environment;
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3. Encourage creation of more usable open space for residents
of the development through flexibility in density and lot standards;
4. Promote high quality design;
5. Allow flexibility in site and design standards while promoting
projects that ensure compatibility with surrounding land uses and existing
single-family developments;
6. Implement goals and policies of the Kent Comprehensive
Plan.
SECTION 2. — Definitions. Definitions in this section will prevail if
they conflict with terms defined in Kent City Code. If a term is defined in
Kent City Code, but not in this section, the definition in Kent City Code
shall apply.
A. Carriage Unit. A single-family unit, not to exceed eight hundred
(800) square feet in gross floor area, located above a garage structure.
B. Cottage. A detached, single-family dwelling unit containing one
thousand five hundred (1,500) square feet or less of gross floor area.
C. Cottage Housing Development. An alternative type of development
made up of detached small single-family residences (cottages) clustered
around a common open space with garages and parking located away
from the houses.
D. Floor Area Ratio (FAR). A measure of development intensity which
is determined by dividing the square footage of the aggregate gross floor
area of all units area by the square footage of the entire site. The square
footage used for the entire site shall not include critical areas and their
associated buffers.
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SECTION 3. - Applicable Use Zones. The housing types described
in this ordinance may be used only in the following single family and
multifamily zones: SR -4.5, SR -6, SR -8, MR -D, MR -T12, MR -T16, MR -G,
MR -M, MR -H.
SECTION 4. - Selection and Permit Process for Cottage Housing
Demonstration Projects.
A. Following adoption of this demonstration ordinance, Planning
Services shall publish a Notice of Call for Proposals. Notice will be sent to
the Kent Reporter; posted on the City's website; sent to local engineering
companies, media contacts, the Master Builders Association, and others.
There will be a one hundred eighty (180) day timeframe "submittal period"
during which proposals may be submitted.
B. The City shall use the following process to review and select cottage
housing demonstration projects:
1. Pre -submittal meeting requirements.
a. Potential applicants must schedule a pre -submittal
meeting with City staff prior to submitting a formal proposal. This
meeting will give City staff the chance to review with the applicant the
requirements for stormwater, roads, open space, parking, cottage design,
and others.
2. Following the pre -submittal meeting, the applicant shall
submit a full and complete proposal to planning services which includes
the following:
a. A completed City of Kent application form. The form
shall include owner and applicant information, as well as the name and
contact information for the builder and any design professionals involved
in the project.
b. A conceptual site plan of the proposed development.
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C. Conceptual drawings of the proposed cottage houses,
including building footprints, elevations, and floor plans.
d. A description of how the proposed development
minimizes adverse impacts to the surrounding neighborhood. For
example, describe what was considered during site layout and building
selection to enhance the neighborhood and minimize adverse impacts to
the surrounding community.
e. A description of how the proposed development
complies with all selection criteria and development standards for a
cottage housing demonstration project as described in this Cottage
Housing Demonstration Ordinance (the "ordinance").
f. General information about the site including the
number of allowed and proposed dwelling units, parking, open space,
pervious and impervious surface, building heights, and sustainable
development techniques.
g. Photographs of the site and adjacent properties.
h. Any additional information or material specified at the
pre -submittal meeting.
3. Neighborhood Meeting.
a. Applicants for cottage housing proposals submitted
under this ordinance shall schedule and host a neighborhood meeting.
The neighborhood meeting shall be held within thirty (30) days following
submittal of the proposal.
b. The purpose of the neighborhood meeting shall be to
inform nearby property owners of the proposed development, and provide
the selection committee with comments pertinent to the selection process.
C. The applicant shall mail written notice of the
neighborhood meeting to all property owners within 300 feet of the
proposed project and shall publish notice in at least one (1) local
newspaper at least ten (10) days prior to the meeting. Any alleged failure
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of any property owner to actually receive the notice of neighborhood
meeting shall not invalidate the proceedings.
d. At the neighborhood meeting, the applicant shall
present the proposed development to interested residents and solicit their
comments. Within thirty (30) days of the neighborhood meeting, the
applicant shall submit a narrative to the City, summarizing and addressing
comments received at the meeting. The applicant may submit revisions to
the proposal based on neighborhood comments.
4. Proposal Selection Process.
a. Evaluation of the proposals shall be based on the
following selection criteria:
(1) Demonstration that the project has been
designed to enhance and minimize adverse impacts to the surrounding
neighborhoods and community.
(2) Demonstration that the project impacts are
substantially equivalent to or less than the adverse impacts expected to be
associated with development of conventional housing on the subject
property, in regards to parking, building height, building bulk, setbacks,
lot coverage, open spaces, screening, and aesthetics.
(3) Demonstration that the project will result in a
unique cottage style community that is distinct from typical single family
developments in Kent. This community shall incorporate a high level of
quality and originality throughout the development, including but not
limited to the following areas:
1. Site design;
ii. Architectural design;
iii. Building materials;
iv. Open space;
v. Parking;
vi. Landscaping; and
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vii. Sustainable development.
(4) The proposal provides elements that contribute
to a sense of community within the development by including elements
such as front entry porches, common open space, and common buildings.
(5) The structures proposed for the cottage housing
development are diverse in appearance, yet remain connected through
use of architectural style, details, color, and materials.
(6) Examples of previous developments done by
those involved in the project and explanation of related experience.
(7) Demonstration that the selected site for the
cottage housing community supports Smart Growth techniques by
providing accessibility to commercial services, alternative transportation
modes, and recreational opportunities.
(8) Demonstration that neighborhood concerns have
been considered.
5. Upon receiving all narratives required by Section 4(B)(3)(d),
the Cottage Housing Committee ("committee") shall convene to review all
submitted proposals. The committee will be made up of the following
members, or as otherwise appointed by the Planning Manager or
designee:
(a) Planning and Economic Development Committee Chair;
(b) Land Use and Planning Board Chair;
(c) Planning Manager;
(d) Development Engineering Manager; and
(e) Economic Development Manager;
(f) Two citizens, who reside within the city limits, to be
appointed by the Planning and Economic Development
Committee Chair.
6. All five members of the committee shall be present for a
decision to be made on selection of a proposal. From the proposals
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submitted, the committee may select up to two (2) demonstration projects
that demonstrate exceptional design quality and consistency with the
selection criteria. If no proposals are submitted, or the proposals do not
meet the selection criteria, the timeline for proposal submittals may be
extended another 180 days, as determined by the committee. Extensions
beyond this period require City Council approval. The committee's
decision in selecting cottage housing developments to advance to the
formal application phase shall be in writing and shall be the final decision
of the City.
7. Permit Process.
a. Once a proposal has been selected by the committee,
the applicant shall have ninety (90) days to submit a formal application to
Planning Services. The applicant may request in writing a maximum
extension of three (3) months, subject to the approval of the Planning
Manager.
b. A formal application shall include the following items:
(1) A completed City of Kent application form;
(2) An environmental checklist (if applicable);
(3) A site plan of the proposed development which
includes all applicable items noted in the City of Kent DEVELOPMENT
ASSISTANCE BROCHURE #2;
(4) Drawings of the proposed cottage houses,
including building footprints, elevations, and floor plans. Design review for
the buildings will be evaluated at this stage for consistency with the
cottage housing criteria;
(5) Tree Preservation Plan;
(6) Stormwater Technical Information Report;
(7) Critical areas studies, as required by the City of
Kent Public Works Department; and
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(8) Narrative on how the project meets Low Impact
Development Standards, if applicable.
C. Applications for projects with nine (9) or less
residential lots shall be subject to the Process II Standards, as outlined in
Chapter 12.01 Kent City Code (KCC) for short plats. Applications for
projects with ten (10) or more lots shall be subject to the Process III
Standards, as outlined in Chapter 12.01 KCC for subdivisions. Applications
for condominium projects shall be processed In the same manner as a
short plat, as outlined in Process II In Chapter 12.01 KCC, In regards to
public notice, administrative approval, and validity.
SECTION S. - Development and Design Standards for Cottage
Housing Demonstration Proiects. Parameters identified In this section will
apply to cottage housing demonstration projects only and will prevail if
they conflict with the regulations specified In Chapters 12 and 15 KCC.
A. Development Standards.
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Cottage
Carriage'
Max Unit Size
1,500 square feet
968 square feet
For single family zones- allowable density is the same as the
underlying zone, unless the Low Impact Development (LID)
techniques listed in subsection B 10 of this section are
incorporated, then 1.5 times the maximum number of dwelling
Density'-"
units allowed in the underlying zone shall be permitted, up to 12
units per acre.
For multifamily zones: allowable density is the same as the
underlying zone and LID techniques listed in subsection B.10 of
this section are required for cottage housing developments
Minimum Lot
None
Size per unit
Max Floor
35
Area Ratio (FAR)
Development Sizes
Min 6 units
Allowed when included in a
Max. 24 units
cottage project
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1 This housing type Is only allowed where it is included in a cottage project
and Is counted towards the development density.
1 2 Any additions or increases in unit sizes after initial construction shall be
subject to the cottage housing development standards. Cottages may not
be more than one thousand (1,000) square feet on the main floor.
3 Existing detached dwelling units may remain on the subject property and
will be counted towards the density. Existing dwelling units shall be
remodeled to be consistent with the exterior architectural design elements
of the development. The dwelling unit may not exceed the existing square
footage or the maximum square footage allowed for a new cottage,
whichever is greater.
4 When determining the maximum allowed number of units for a cottage
housing development, the entire site area may be included in the
calculation. If calculations result in a fraction, the fraction shall be
rounded to the nearest whole number as follows: fractions above one-half
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Cottage
Carriage'
Minimum cluster6 6 units
Maximum cluster 12 units
Parking Requirements'
1.8 spaces per unit if on -street parking is provided, 2 if there is
(See subsection B.8 of
no on -street parking
this section)
Minimum Development
Front. 20'
Perimeter Setbacks8
Other* 10'
Maximum Impervious
50%
Surfaces9
25', where minimum roof slope of 6.12 for all parts of the roof
Maximum Height
above 18' are provided. Otherwise, 18'.
Standards contained in KCC 15.08.240 for Tree Retention shall
Tree Retention
apply. Cottages shall be designed around significant trees.
Accessory Dwelling
Not permitted as part of a cottage development.
Units (ADUs)
1 This housing type Is only allowed where it is included in a cottage project
and Is counted towards the development density.
1 2 Any additions or increases in unit sizes after initial construction shall be
subject to the cottage housing development standards. Cottages may not
be more than one thousand (1,000) square feet on the main floor.
3 Existing detached dwelling units may remain on the subject property and
will be counted towards the density. Existing dwelling units shall be
remodeled to be consistent with the exterior architectural design elements
of the development. The dwelling unit may not exceed the existing square
footage or the maximum square footage allowed for a new cottage,
whichever is greater.
4 When determining the maximum allowed number of units for a cottage
housing development, the entire site area may be included in the
calculation. If calculations result in a fraction, the fraction shall be
rounded to the nearest whole number as follows: fractions above one-half
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(1/2) shall be rounded up, fractions of one-half (1/2) and below shall be
rounded down.
5 Carriage units may be included within a cottage housing proposal,
provided that the number of carriage units do not exceed twenty-five
percent (25%) of the total number of units in the project.
6 Cluster size is intended to encourage a sense of community among
residents and the homes within a cluster generally orient toward each
other, community open space, or pathways and are not separated by
roads or critical areas. A development site may contain more than one
cluster, with a clear separation between clusters. Furthermore, clusters
shall be connected via pedestrian pathway(s).
Garages may count towards the parking count if, through a covenant,
they are reserved only for the parking of vehicles.
8 Perimeter setback areas are to be designated for landscaping, in
accordance with subsection B.9 of this section.
9 Maximum impervious surface is calculated using the entire development
site. Lot coverage for individual lots may vary.
B. Design Standards.
1. Orientation of Dwelling Units. Dwellings within a cottage
housing development shall be clustered and homes within the clusters
shall be oriented to promote a sense of community within the
development. The planning manager shall have the authority to waive or
modify specific requirements for dwelling unit orientation to insure this
intent is met and to allow for flexibility and innovation in design.
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a. Each dwelling unit shall have a primary entry and/or
covered porch oriented to the common open space or pathway connecting
to the common open space.
b. Each dwelling unit abutting a public right-of-way (not
including alleys) shall incorporate fagade modulation, windows, and
roofline variations to avoid blank walls that orient to the public right-of-
way.
2. Variation in Unit Sizes, Building, and Site Design. Cottage
projects shall establish building and site design that promote variety and
visual interest.
a. Projects shall include a variety of unit sizes within a
single development.
b. Proposals shall provide a variety of building styles,
features, colors, and site design elements within cottage housing
communities. Dwellings with the same combination of features and
treatments shall not be located adjacent to each other. Identical elements
shall not be repeated in more than twenty-five percent (25%) of the
cottages in the development.
C. Design of carriage units shall be of similar character
with that of the cottages included in the project.
d. Cottages may not be more than one thousand (1,000)
square feet on the main floor.
3. Community Buildings. Community buildings are required in
cottage developments.
a. Community buildings shall be at least five hundred
(500) square feet on the main floor and shall be of similar architectural
character to the dwelling units.
b. Building height for community buildings shall be the
same standard as for cottages.
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C. Community buildings must be located on the same site
as the cottage housing development, and be commonly owned by the
residents.
4. Storage Space. If garages are reserved only for the parking
of vehicles through a covenant, alternative storage space onsite shall be
provided. The development shall include thirty (30) square feet of storage
space per dwelling unit. The storage space shall be in one or more of the
following forms:
a. Detached sheds, designed in similar character of that
of the dwelling units. May be individual or shared sheds.
b. Storage space within the detached parking structures
(additional rooms, area for shelving, etc.) that does not conflict with the
parking of vehicles in the garages.
C. Storage space within the dwelling unit, accessible only
through an external door.
d. Designated storage space attached to the community
building that is not counted towards the five hundred (500) square foot
minimum.
e. Other storage space options approved in writing by
Planning Services.
5. Required Common Open Space. Common open space shall
provide visual relief and a sense of community for cottage developments.
It must be located outside of critical areas and their buffers. The common
open space shall be of a general character similar to single family
residential yard areas and provide similar opportunities for use. Elements
of the single family residential yard areas that may be included in the
common open space are lawns, community garden space, patio/seating,
and cooking areas, etc.
a. A minimum of 400 square feet of common open space per
dwelling unit shall be provided.
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b. Each area of common open space in each cluster shall be
in one contiguous and usable piece with a minimum dimension of twenty
(20) feet on all sides.
C. Required common open space may be divided into no
more than one (1) separate area per cluster of dwelling units.
d. Common open space shall be located in a centrally located
area and be easily accessible physically and visually to all dwellings within
the development.
e. Fences may not be located within or around required
common open space areas.
f. Landscaping located in common open space areas shall be
designed to allow for easy access and use of the space by all residents, to
accommodate principles of Crime Prevention through Environmental
Design (CPTED), and to facilitate maintenance needs. Existing mature
trees shall be retained in this area, as appropriate for site design.
g. Unless the shape or topography of the site precludes the
ability to locate units adjacent to the common open space, the following
standards must be met:
(1) The open space shall be located so that it will be
surrounded by cottages or common buildings on at least three (3) sides;
(2) At least fifty percent (50%) of the units in the
development shall abut a common open space. A cottage is considered to
"abut" an area of open space if there is no structure, road, or critical area
between the unit and the open space.
6. Private Open Space.
(1) Each cottage unit must have a covered porch with a
minimum area of sixty-four (64) square feet per unit and a minimum
dimension of seven (7) feet on all sides. Porches shall be associated with
primary point of entry.
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(2) Each carriage unit shall have a deck or balcony,
oriented toward the common open space.
(3) In addition to porches, at least three hundred (300)
square feet of private, contiguous, usable open space adjacent to each
individual dwelling unit shall be provided to contribute positively to the
visual appearance of the development, promote diversity in planting
materials, and utilize generally accepted good landscape design. The
private open space shall be oriented toward the common open space as
much as possible and shall have no dimension less than ten (10) feet.
The private open space shall define private residences from common
areas, trails, and parking areas. Fences surrounding these spaces shall be
a maximum height of three feet and shall be wrought iron, cedar split rail,
picket, or similar fencing material.
7. Pedestrian Flow through Development. Pedestrian
connections shall link all buildings to the:
a. Public right-of-way;
b. Common open space;
C. Parking areas; and
d. Other cottage clusters in the development.
The pedestrian walkways shall meet International Building Code
requirements for accessibility.
8. Shared Detached Garages and Surface Parking Design.
Parking areas shall be located so their visual presence and associated
noise are minimized, both within and outside the development. These
areas shall also maintain the single-family character along public streets.
a. Shared detached garage structures may not exceed
four (4) single -car garage doors per building. Carriage units are preferred
above these garage structures.
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b. For shared detached garages, the design of the
structure must be of similar character to that of the dwelling units within
the development.
C. Shared detached garage structures and surface parking
areas must be screened from streets outside the development and
adjacent residential uses by landscaping or architectural screening.
d. If garage structures are counted toward the required
number of parking stalls, these structures shall be reserved through a
covenant for the parking of vehicles owned by the residents of the
development. Storage of items which preclude the use of the parking
spaces for vehicles is prohibited.
e. Surface parking areas may not be located in rows of
more than six (6) spaces. Parking rows must be separated by a distance
of at least twenty (20) feet.
9. Landscaping. The intent of these landscaping requirements is
to enhance to overall appearance of the cottage housing development and
to give the development an appearance of establishment.
a. Cottage housing developments shall incorporate a
landscape master plan, designed and stamped by a professional landscape
architect, and include the following elements:
(1) All landscaped areas (except that which is in
private open spaces) shall be densely planted with a variety of decorative
trees, shrubs, groundcovers, and other plants.
(2) Landscaping shall be located adjacent to all
pathways and common open spaces and shall screen parking areas.
(3) Perimeter setback areas shall be landscaped in a
manner that results in a dense landscape screen.
(4) Perimeter trees shall be maintained and
incorporated in the master landscape plan.
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Cottage Housing Demonstration
(5) Landscaping shall be included within private
open space, which shall be consistent with the overall landscape concept.
(6) The landscape design shall exhibit sensitivity to
principles of Crime Prevention through Environmental Design (CPTED).
(7) Maintenance of landscaping (except that which is
in private open spaces) shall be the responsibility of the Homeowners'
Association.
b. Standards contained in KCC 15.08.240 for Tree
Retention shall apply. Cottages shall be designed around significant trees.
Within perimeter setbacks, all significant trees which do not constitute a
safety hazard shall be retained.
10. Low Impact Development.
a. For single family zones, density bonuses will only be
granted if all of the following low impact development (LID) techniques are
met. LID techniques are not required if the proposal does not include a
density bonus. LID techniques are required for cottage housing
developments in multifamily zones. LID design standards shall be
according to the 2005 Puget Sound Action Team LID Manual.
b. When the density bonus is applied or the project is
located in a multifamily zone, the proposed site design shall incorporate
the use of LID strategies to meet stormwater management standards.
C. LID is a set of techniques that mimic natural watershed
hydrology by slowing, evaporating/transpiring, and filtering water, which
allows water to soak into the ground closer to its source. The design shall
implement the following objectives:
(1) Grading disturbance limited to roadway and
building pad preparation. Removal and compaction of topsoils shall be
minimized and soils may be amended to facilitate LID techniques. The
replacement of topsoils on all pervious areas disturbed by construction
shall be replaced.
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Cottage Housing Demonstration
(2) Use of pervious materials for a fifty percent
(50%) of non-public driving and walking surfaces if soil type allows for
infiltration.
(3) Treatment of stormwater in numerous small,
decentralized structures, which include the use of multifunctional open
drainage systems such as vegetated swales or filter strips which also help
to fulfill landscaping and open space requirements.
(4) Other options meeting the intent of this section
and approved in writing by Planning Services and Public Works.
11. Stormwater Regulations.
a. The proposed site design shall meet all applicable
criteria from the 2002 City of Kent Surface Water Design Manual or
current manual adopted by the City of Kent.
b. Some sites, due to size or steeply sloping topography,
may have special difficulty including a stormwater detention pond in the
proposed site design. Vaults will be considered on a site by site basis for
stormwater detention and water quality with the following conditions.
(1) The vault access point(s) must be located in an
area that will already be planned for impervious surface.
(2) Water quality improvement and infiltration are
desired characteristics of stormwater detention facilities. Because vaults
eliminate infiltration and potentially degrade water quality, the vault
design must be shown to not have a detrimental impact on water quality,
and that an infiltration facility would not be feasible.
(3) The proposal must include an analysis of low
impact design techniques that will facilitate infiltration outside the vault,
as included in the 2005 Puget Sound Action Team LID Manual.
(4) The stormwater system will be required to be
maintained by a homeowner's association.
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C. The special allowances for vaults in lieu of open water'
facilities for cottage housing demonstration projects do not nullify the
requirements of the 2002 City of Kent Surface Water Design Manual or
current manual adopted by the City of Kent for other developments.
SECTION 6. - 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 7. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage as provided by law.
ATTEST:
V��
APPROVED AS TO FORM:
TO BRUBA ER, CITY ATTORNEY
COOKE, MAYOR
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Cottage Housing Demonstration
PASSED: ��
day of
, 2008.
APPROVED:
day of •►1-
, 2008.
PUBLISHED: .-
day of ��Yh/
, 2008.
I hereby certify that this is a true copy of Ordinance No. 2975
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\Clvil\Ordmance\CottageHousingDemonstration do[
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BRENDA JACOBE VITY CLERK
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Cottage Housing Demonstration