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HomeMy WebLinkAbout3978AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 15.02.096 of the Kent City Code relating to the calculation of maximum permitted density. RECITALS A. With the advent of the Growth Management Act (the "Act"), the City is expected to encourage urban growth and accommodate projected population and employment growth. The Act requires review, evaluation, and adjustment to ensure the City has sufficient suitable land to accommodate the growth projections based on the actual densities being achieved every five (5) years. Rounding in density calculations is one way to affect densities actually achieved and also is available as an offset to the additional requirements imposed on subdivisions as a result of the amendments to residential development standards. B. Currently under the Kent City Code, when determining the allowed number of lots for a subdivision or short subdivision or the number of dwelling units in multifamily zoning districts, all site area may be included in the calculation. If calculations result in a fraction, the fraction is rounded up to the nearest whole number as follows: fractions above one-half (1/2) shall be rounded up, fractions of one-half and below shall be rounded down. This amendment removes rounding as a mechanism for 1 Zoning Density - Rounding Calculations determining the number of lots or units when there are less than four (4), and raises the fraction needed to gain density for lots or units when there are four ( 4) to nine (9). C. Residents have expressed concern that utilizing the provision in KCC 15.02.096 for rounding in some circumstances can create building lots whose size conflicts with the character of the surrounding neighborhood. D. The City's State Environmental Policy Act (SEPA) official has determined that this amendment to the Kent City Code is procedural in nature, and therefore exempt from SEPA review. E. On July 19, 2010, notice was sent to the Washington State Department of Commerce requesting expedited review. On August 9, 2010, the City was granted expedited review and was informed that it had met the Growth Management Act notice requirements under RCW 36. 70A.106. F. On June 14, 2010, the Economic & Community Development Committee authorized staff to review and recommend options for calculating maximum permitted density. The Land Use and Planning Board considered this matter during workshops on July 12, 2010 and August 23, 2010, and held public hearings on July 26, 2010 and September 27, 2010 regarding this issue. The Economic and Community Development Committee addressed the matter at its meeting on October 11, 2010. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 Zoning Density - Rounding Calculations ORDINANCE SECTION 1. -Amendment. Section 15.02.096 of the Kent City Code is amended as follows: 15.02.096 Density, maximum permitted. Maximum permitted density refers to the maximum number of dwelling units permitted per acre, subject to lot size and other development standards of Ch. 15.04 KCC. When determining the allowed number of lots or dwelling units for a subdivision.i. er-short subdivision, or multifamily project all site area may be included in the calculation. If calculations result in less than one full lot or unita fraction, the fraction shall be rounded to the nearest whole number as provided below.follov.;s: fractions above one half (1/2) shall be rounded up, fractions of one half (1/2) and below shall be rounded down. A. For less than four (4) lots or dwelling units, rounding shall not be used in calculating the maximum density. B. For four ( 4) to six (6) lots or dwelling units, fractions of .85 and above shall be rounded up, and fractions below .85 shall be rounded down. C. For seven (7) to nine (9) lots or dwelling units, fractions of . 75 and above shall be rounded up, and fractions below . 75 shall be rounded down. D. For ten (10) or more lots or dwelling units, fractions above .50 shall be rounded up, and fractions . 50 and below shall be rounded down. SECTION 2. -Savings. The existing section 15.02.096 of the Kent City Code, which is amended by this ordinance, shall remain in full force and effect until the effective date of this ordinance. 3 Zoning Density - Rounding Calculations SECTION 3. -Severabi!ity. If any one or more section 1 subsections 1 or sentences of this ordinance are held to be unconstitutional or invalid 1 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 4. -Corrections bv Citv Clerk or Code Reviser. Upon approval of the City Attorney 1 the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance 1 including the correction of clerical errors; references to other local 1 state or federal laws 1 codes 1 rules 1 or regulations; or ordinance numbering and section/subsection numbering. SECTION 5. -Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. ATTEST: APPROVED AS TO FORM: PASSED: APPROVED: 4 2010. 2010. Zoning Density - Rounding Calculations 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. P:\Clvll\Ordlnance\RoundlngOrdlnance.docx 5 Zoning Density - Rounding Calculations