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
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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:
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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.
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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.
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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
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