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HomeMy WebLinkAbout4089AN OR®INANCE of the City Council of the City of Kent, Washington, amending Chapter 15.02, entitled, "Definitions," by adding and amending sections, and correcting a publishing error in section 15.02.173, amending Chapter 15.04, entitled, "Residential land uses," amending zoning districts and residential land use development conditions; and updating the code for consistency with state laws and regulations. RECITALS A. Local planning legislation arises from many sources -Federal, State or regional mandates; changes to local community vision; complaints; need for clarity; updated technologies, business operations or strategies that make existing codes outdated; conflicts with updated codes in other City departments; and many others. Furthermore, these amendments are undertaken as part of the City Council's initiative to transform regulatory processes in order to increase operating efficiencies. B. Group care or group living facilities may be broadly categorized as single or multiple family residential, emergency and transitional housing, criminal justice facilities, and group care facilities with or without healthcare. 1 �4mend Tif/e 15 -Zoning Ordinance C. These sections of the code need amending to clarify definitions for different types of residential facilities, update the residential land use table, remove ambiguity in the code, and update the code for consistency with state laws and regulations. D. The City is also making a technical correction of an error made during a prior code publication of subsection 15.02.173.C. On January 2, 1991, the Kent City Council passed Ordinance No. 2958, amending KCC Chapter 15.02 by adding a new section 15.02.173. In 1993, the Municipal Code changed its format and incorrectly printed 15.02.173.C. In 1999, the city of Kent contracted publishing of the city code with Code Publishing and the error remained in the code. The error went unnoticed from 1993 until now. The City is correcting that error by republication of the Section. E. The SEPA Responsible Official has determined that the proposed amendments are procedural in nature and thus categorically exempt from further SEPA review under WAC 197-11-800(19) and 11.03.200 Kent City Code. F. On May 28, 2013, notice was sent to the Washington State Department of Commerce and expedited review was requested. On June 41 2013, the City was granted expedited review and was informed that it had met the Growth Management Act notice requirements under RCW 36.70A.106. The required fifteen day waiting period prior to final adoption has lapsed. G. Staff presented proposed amendments to the Kent City Code Title U" at the May 13, 2013 and June 10, 2013 Land Use & Planning Board Workshops. 2 Amend Title 15 -Zoning Ordinance H. On July 22, 2013, after holding a public hearing, the Land Use and Planning Board recommended adoption of the amendments to KCC 15.02 and KCC 15.04. The Economic and Community Development Committee considered this matter at its August 12, 2013 meeting, and the city council considered this matter at its August 20, 2013 meeting. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS. 1:7:7 �� �1►:►_� 1 [�l SECTION .�. -New Section. Chapter 15.02 of the Kent City Code, entitled, "Definitions," is amended by adding a new section 15.02.026_1, entitled, "Assisted living facility," to read as follows: Sec. 15.02.026_1. Assisted living facility. Assisted living facility means an establishment that provides living quarters and a variety of limited personal care and supportive health care monitoring to more than ten (10) individuals who may be unable to live independently due to infirmity of age, or physical or mental handicap, but who do not need the skilled nursing care of a convalescent home or a residential facility with health care. These facilities may consist of individual dwelling units, with separate bathroom facilities, a full kitchen or no kitchen. In addition, these facilities may have communal dining areas, recreation facilities (library, lounge, game room), laundry facilities and open space. An assisted living facility is not a group home or a residential facility with health care. SECTION 2. -Amendment. Chapter 15.02 of the Kent City Code, entitledI "Definons," is amended by deleting the following sections: 3 Amend Title 15 -Zoning Ordinance SECTION 3. -Amendment. Chapter 15.02 of the Kent City Code, entitled, "Definitions," is amended to read as follows: Sec. 15.02.125. Dwelling, multiple -family. Multiple -family dwelling means a residential building designed for or occupied by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided. This definition also includes independent senior housing for individuals sixty (60) years or older. Emergency housing, emergency shelter means a facility operated publicly or privately to provide housing for individuals or families who are otherwise homeless and have no immediate living options available to them. Such facilities may provide support services, food and sanitation. Emergency housing shall not exceed a ninety (90) day period per individual or family. 4 Amend Title 15 -Zoning Ordinance .. • . � - - --- - - ML�M 010- 0 10- LW =0 lft� MLW WA-- =0 I a- SECTION 3. -Amendment. Chapter 15.02 of the Kent City Code, entitled, "Definitions," is amended to read as follows: Sec. 15.02.125. Dwelling, multiple -family. Multiple -family dwelling means a residential building designed for or occupied by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided. This definition also includes independent senior housing for individuals sixty (60) years or older. Emergency housing, emergency shelter means a facility operated publicly or privately to provide housing for individuals or families who are otherwise homeless and have no immediate living options available to them. Such facilities may provide support services, food and sanitation. Emergency housing shall not exceed a ninety (90) day period per individual or family. 4 Amend Title 15 -Zoning Ordinance Sec. 15.02.135. Family. Family means one ti) or mere individuals related by Need er legal familial relationship, oF a group of not mere than six (6) pF�I�Wll� xvivlhe need net be re,.... �y eed er a leg-a4 living tegetheF in a dwelling unit as a single, nenprefit familial housekeeping unit, lass 1, H, and H! group homes as defined iff {FCS.-02.173. an individual; two or more persons related by blood, marriage or state registered domestic partnership under Chapter 26.60 RCW; a group of two or more disabled residents protected under the Federal Housing Act Amendments, who are not related by blood, marriage or state registered domestic partnership under Chapter 26.60 RCW, living together as a single housekeeping unit; a group of six or fewer residents, who are not related by blood, marriage or state registered domestic partnership under Chapter 26.60 RCW, living together as a single housekeeping unit; or a group living arrangement where six or fewer residents receive supportive services such as counseling, foster care, or medical supervision at the dwelling unit by resident or non-resident staff, excluding Class II and III group homes. Sec. 15.02.173. Group home. A. Class I group home. Class I group home means publicly or privately operated residential facilities such as state -licensed foster homes and group homes for children; group homes for individuals who are developmentally, physically, or mentally disabled; group homes or halfway houses for recovering alcoholics and former drug addicts; and other groups not considered within class II or III group homes. 1. Group home, class I -A. A class I -A group home shall have a maximum of sevensix (-76) residents not including resident staff. 2. Group home, c/ass I-8. A class I -B group home shall have a maximum of ten (10) residents including resident staff. 5 Amend Title 1 5 -Zoning Ordinance B. Class II group home. Class II group home means publicly or privately operated residential facilities for juveniles under the jurisdiction of the criminal justice system. These homes include state -licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, and halfway houses providing residence to juveniles needing correction or for juveniles selected to participate in state -operated work release and pre-release programs. The planning n9an shall have the discretion to classify a group home proposing to serve juveniles convicted of the offenses listed under class III group home in this section as a group home class III, and any such home shall be sited according to the regulations contained within the group III classification. 1. Group home, class II -A. A class II -A group home shall have a maximum of eight (8) residents including resident staff. 2. Group home, class II -8. A class II -B group home shall have a maximum of twelve (12) residents including resident staff. 3. Group home, c/ass II -C. A class II -C group home shall have a maximum of eighteen (18) residents including resident staff. C. Class III group home. Class III group home means privately or publicly operated residential facilities for adults under the jurisdiction of the criminal justice system who have entered a pre- or post -charging diversion program, or been selected to participate in state -operated work/training release or other similar programs as provided in Chapters 6 Amend Title 15 -Zoning Ordinance G group henge will be based upen the d.,,.,.y the underlying zoning distFiets B. Class II group home. Class II group home means publicly or privately operated residential facilities for juveniles under the jurisdiction of the criminal justice system. These homes include state -licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, and halfway houses providing residence to juveniles needing correction or for juveniles selected to participate in state -operated work release and pre-release programs. The planning n9an shall have the discretion to classify a group home proposing to serve juveniles convicted of the offenses listed under class III group home in this section as a group home class III, and any such home shall be sited according to the regulations contained within the group III classification. 1. Group home, class II -A. A class II -A group home shall have a maximum of eight (8) residents including resident staff. 2. Group home, class II -8. A class II -B group home shall have a maximum of twelve (12) residents including resident staff. 3. Group home, c/ass II -C. A class II -C group home shall have a maximum of eighteen (18) residents including resident staff. C. Class III group home. Class III group home means privately or publicly operated residential facilities for adults under the jurisdiction of the criminal justice system who have entered a pre- or post -charging diversion program, or been selected to participate in state -operated work/training release or other similar programs as provided in Chapters 6 Amend Title 15 -Zoning Ordinance 137-56 and 137-57 WAC. Such groups also involve individuals who have been convicted of a violent crime against a person.—eF a crime against property with a sexual motivation and convicted or charged as a sexual or assaultive violent predator. Secure community transition facilities are considered class III group homes. Secure community transition facilities shall have a maximum of three (3) residents, excluding resident staff, unless the state agency proposing to establish and operate the facility can demonstrate that it has equitably distributed other secure community transition facilities with the same or a greater number of residents in other jurisdictions or communities throughout the entire geographic limits of King County. SECTION 4. -New Section. Chapter 15.02 of the Kent City Code, entitled, Al Definitions," is amended by adding a new section 15.02.335.3, entitled, " Residential facility with health care," to read as follows: Sec. 15.02.335.3. Residential facility with health care. Residential facil ity with health care means a medically staffed facility intended for the long-term residential care of more than ten (10) handicapped individuals who, because of age or medical condition, are incapable of independent living. This definition also includes nursing homes, as defined in RCW 18.51.010 and continuing care retirement community, as defined by RCW 70.38.025, but does not include group homes. SECTION 5. -Amendment. Chapter 15.02 of the Kent City Code, entitled, 'Definitions," is amended to read as follows: 7 Amend Title 15 -Zoning Ordinance Fnmediate living eptlens available te them. Transitional housing snail not: xceed a twenty four (24) n9enth peried p.eF family or individual owned by a public housing authority, nonprofit organization or other public interest group, that provides housing to persons on a temporary basis for a duration not to exceed 24 months in conjunction with job training, self sufficiency training, life skills training, human services counseling, or other similar services. Transitional housing is not a transient accommodation. Transitional housing does not include group homes. SECTION 6. -Amendment. Chapter 15.04 of the Kent City Code, entitled, "District Regulations," is amended to read as follows: 8 Amend Tit/e Z5 -Zoning Ordinance 9 Amend Tit/e 15 -Zoning Ordinance Zoning Districts U 15 'sA P15 Y = Principally Permitted Uses A° A a . 5 15 OE; V) 15 S= Special Uses o o C= Conditional Uses , 15 n I '` A= Accessory Uses a 00 c4 .� 0 ,It,15 v �o to❑ �' S c ❑ id 15 A QUI :gip :aq T qq .Yn ° O O O F F X W O [7 F U CO .c � w w w w 3 � A ❑ A v 3 °dop 3 3 a � a U �' � 'c� '�' a` � 3 '� :� "tA ? cb ❑' � � o � rcL :8 .❑° 8 ° � � v 8 E � Q � v ,�' r'b, ,'`c71 3 U U F„ .o 6 �h v> a°' vv'i in A H H t7 `.4' '-' U ;..j U eng a U U A {y) U U M' C7' .'i U� 3V' d 6 ti ti ti ti z U q q U U O P P P P P P P P P P P P P P A A A A One single -family dwelling per lot One duplex per lot P (27) P (27) (27) ( P One modular home per lot P P P P P P P P P P P P Duplexes P P P P P P P P P (27) (27) (27) (22) P P P P P P P P P P P P P P P P C Multifamily townhouse units (27) (27) (27) (19) (19) (2) (d)C (2) (2) (15) (20) (20) (5) P P P P P P P P P P P P P C Multifamily dwellings (26) (26) (2) (a) (2) (2) (ts) C (5) Multeb�SFaenleF Pitizens P P P P R P P C Eli Eli (2) E133 Mobile homes and manufactured P homes Mobile home parks P P (13) P (13) P (13) P (13) P (13) P(13) Group homes class I-A P P P P P P P P P P P P P P P P P C P P CP CP C P Group homes class I-B P P P P P P P P P P C P P C C C P Grgyp-helps- � U C C C C P P P P P P C C C C C C P Group homes class II-A C C C C C C C C C C C C C C C c C Group homes class II-B C C C C C C C C C C C C c C C C C Group homes class II-C C C C C C C C C C C C C C C C C C Group homes class III C (23) C (23) C (23) C (23) C (23) C (23) C (23) C (23) C (23) C (23) C (23) C (24) Rebuild/accessory uses for existing P P P P P P P P P P P P P P P P P P dwellings (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) P P PP P P P P P P P C M) M) Q9) i21 C (7) (7) JIL M Transitional housing 30 � 41�0 Zoning Districts 9 Amend Tit/e 15 -Zoning Ordinance SECTION 7. -Amendment. Section 15.04.030 of the Kent City Code, entitled, "Residential land use development conditions," is amended tV read as follows: 10 �4mend 7'it/e 15 -Zoning Ordinance KeY q A° A c A •� Yi Yi P = Principally Permitted Uses ;� .d n '� " Y S= Special Uses q C=Conditional Uses 13 C' t ,q° •G A=Accessory Uses q A A aT U '�, to v a s •'y G '� U U Aa 'IP'� . p w e '� Q C7 Q '3 Q 9 o U ° U E' F" o '� '� E '� "4 a t„' o .FF .+'-' U •C' •� A° U o' '2 3 3 E� 'C�C I � n �p 3 1,14 C y'ZCV�i G C Q n p ivy �L �0 �L 'b O O O 'O W°+ Cv 3 U U C b rr7 C7 Q Ca FG n in ^" N 1t~ G C pC� U U A {i,) U U P.' '" CC7 .7 U ;.4 l7 U h h N N Q Q vai z U A A U U U A A A A A A A A Guest cottages and houses (8) (8) (8) (8) (8) (8) (8) (8) (21) (21) (21) (21) (21) (21) (21) (21) IIIIIMIII Rooming and boarding of not more A A A A A A A A A A than three (3) persons Farm worker accommodations A A A A (17) (9) (17) (9) Accessory uses and buildings A A A A A A A A A A A A A A A A A A A A A A A A A A A A A Customarily appurtenant to a (18) (18) (18) (18) (18) (18) (18) (18) (18) (I8) (18) permitted use Accessory dwelling units A A A A A A A A A A A A A A A A A (10) (10) (10) (10) (10) (10) (10) (10) (10) (10) 00) (10) (14) (14) (14) (10) (10) Accessory living quarters A A A A A A A A A A A A A A (14) (14) (14) 04) (14) (L4) (14) (14) (14) (14) (14) (14) (14) (14) Home occupations A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A (L1) (11) (11) (11) (I1) (II) (I I) (I I) (11) (11) (t 1) (11) (11) (11) (11) (11) (11) (11) (11) Service buildings A Storage buildings and storage of A A A A A A A A A A A A A recreational vehicles (16) (16) (16) (16) (16) (16) (16) (16) (16) (16) (16) (16) Drive-in churches;—we{fine C C C C C C C C C C C C C C C C C C C C C C C C C C C C C faegities(ineluding -emergeney Et2) Et2) shelte;s), retirement homes-, eenvaleseent-homes, and -other lfare te'lities w etherylrivately . eFpubliely-eperat-•'�,efe- rehabilitation-ercorreetien, ete: Emergency housing: emergency C C C C C C C C C C CC C C C C sh I er C C_ C C C P P P P P (4) P P P P C P P C C Assisted living facilities L91 09) (29) (2) Ic L> 151 Residential facilities with health C C C C C P P P P P14) P P P P C C P P C L9) L1 L9) (2) C Ll L2 L 51 care (5) Designated manufactured home P P P P P P P P P P P P P (25) (25) (25) (25) (25) (25) (25) (25) (25) (25) (25) (25) (25) SECTION 7. -Amendment. Section 15.04.030 of the Kent City Code, entitled, "Residential land use development conditions," is amended tV read as follows: 10 �4mend 7'it/e 15 -Zoning Ordinance •isinkRIM611t 1. Dwelling units, limited to not more than one (1) per establishment, for security or maintenance personnel and their families, when located on the premises where they are employed in such capacity. No other residential use shall be permitted. 2. Multifamily residential uses or other residential facilities where allowed, shall be permitted only in the mixed use overlay when included within a mixed use development. 3. [Reserved]. 4. Multifamily residential uses, or other residential facilities where allowed, when established in buildings with commercial or office uses, and not located on the ground floor. 5. Multifamily residential uses, or other residential facilities where allowed, when not combined with commercial or office uses. 6. Existing dwellings may be rebuilt, repaired, and otherwise changed for human occupancy. Accessory uses for existing dwellings may be constructed. Such uses are garages, carports, storage sheds, and fences. 7. Transitional housing facilities, limited to a maximum of twenty (20) residents at any one (1) time and four (4) resident staff. 8. Guesthouses not rented or otherwise conducted as a business. 11 Artrend Title Y5 -Zoning Ordinance 9. Farm dwellings appurtenant to a principal agricultural use for the housing of farm owners, operators, or employees, but not accommodations for transient labor. 10. Accessory dwelling units shall not be included in calculating the maximum density. Accessory dwelling units are allowed subject to the provisions of KCC 15.08.350. 11. Customary incidental home occupations subject to the provisions of KCC 15.08.040. -- WiFftl Lis! "PW45 010 11OWmL�immusolLyE IN V!:.I - - - trse��Reservedl. 13. Subject to the combining district requirements of the mobile home park code, Chapter 12.05 KCC. 14. Accessory living quarters are allowed per the provisions of KCC 15.08.359. 15. Multifamily residential use or other residential facilities where allowed, shall be permitted as a conditional use only when included in a mixed use development. 16. Recreational vehicle storage is permitted as an accessory use in accordance with KCC 15.08.080. 12 Amend 7'ifle Z5 -Zoning ®rdinance 17. Accommodations for farm operators and employees, but not accommodations for transient labor. 18. Other accessory uses and bungs customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 19. The following zoning is required to be in existence on the entire property to be rezoned at the time of application for 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. 20. All multifamily townhouse developments in the MR -T zone shall be recorded as townhouses with ownership interest, as defined in KCC 15.02.525.1, prior to approval of a certificate of occupancy by the city. 21. Subject to KCC 15.08.160(A) and (B), Accessory buildings. 22. One (1) duplex per lot is permitted. 23. Secure community transition facilities are permitted only in the GWC zoning district. 24. Class II and class III group homes, other than secure community transition facilities, are not allowed in this zoning district. A secure community transition facility shall also comply with applicable state siting and permitting requirements pursuant to Chapter 71.09 RCW. Secure community transition facilities are not subject to the siting criteria of KCC 15.08.280 for class III group homes, but they are subject to a six hundred (600) foot separation from any other class II or III group home. In no case shall a secure community transition facility be sited adjacent to, 13 Amend Title 1 5 -Zoning ®rdinance immediately across the street or parking lot from, or within the line of sight of risk potential activities or facilities in existence at the time a site is listed for consideration. Within line of sight means that it is possible to reasonably visually distinguish and recognize individuals. For the purposes of granting a conditional use permit for siting a secure community transition facility, the hearing examiner shall consider an unobstructed visual distance of six hundred (600) feet to be "within line of sight." During the conditional use permit process for a secure community transition facility, "line of sight" may be considered to be less than six hundred (600) feet if the applicant can demonstrate that visual barriers exist or can be created that would reduce the line of sight to less than six hundred (600) feet. This distance shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel or property or the land use district boundary line from which the proposed use is to be separated. For the purpose of granting a conditional use permit for a secure community transition facility, the hearing examiner shall give great weight to equitable distribution so that the city shall not be subject to a disproportionate share of similar facilities of a state-wide, regional, or county -wide nature. 25. A designated manufactured home is a permitted use with the following conditions: a. A designated manufactured home; manufactured home must be a new b. The designated manufactured home shall be set upon a permanCHL foundation, as speced by the manufacturer, and the space fI om the bottom of the home to the ground shall be enclosed by concrete 14 Amend 1"itie 15 -Zoning Ordinance or an approved concrete product that can be either load bearing or decorative; C, The designated manufactured home shall comply with all city design standards applicable to all other single-family homes; d. The designated manufactured home shall be thermally equivalent to the State Energy Code; and e. The designated manufactured home shall meet all other requirements fora designated manufactured home as defined in RCW 35.63.160. 26. Multifamily dwellings shall be allowed only within the Kent downtown districts outlined in the Downtown Strategic Action Plan and shall be condominiums recorded pursuant to Chapter 64.32 or 64.34 RCW or similar dwelling units with ownership interest and recorded as such prior to approval of a certificate of occupancy by the city. 27. Within subdivisions, as defined by KCC 12.04.025, vested after March 22, 2007, or altered to comply with zoning and subdivision code amendments effective after March 22, 2007, twenty-five (25) percent of the total number of permitted dwelling units may be duplex or triplex townhouse structures. 28. Live -work units; provided, that the following development standards shall apply for live -work units, in addition to those set forth in KCC 15.04.190: a. The unit shall contain a cooking space and sanitary facility in conformance with applicable building standards; 15 Amend Tit/e 15 -Zoning Ordinance b. Adequate and clearly defined working space must constitute no less than fifty (50) percent of the gross floor area of the live -work unit. Said working space shall be reserved for and regularly used by one (1) or more persons resng there; c. At least one (1) resident in each live -work unit shall maintain at all times a valid city business license for a business on the premises; d. Persons who do not reside in the live -work unit may be employed in the live -work unit when the required parking is provided; e. Customer and client visits are allowed when the required parking is provided; f. No portion of a live -work unit may be separately rented or sold as a commercial space fora person or persons not living on the premises, or as a residential space for a person or persons not working on the premises; g. The multiple -family design standards do not apply to live -work units; guidelines and development h. Construct all nonresidential space, to the maximum allowed, to commercial building standards; and i. Provide an internal connection between the residential and nonresidential space within each unit. 29. Subject to the maximum permitted density of the zoning district. 16 Amend Title 15 -Zoning Ordinance 30. Conditional use when the number of residents exceeds twenty (20) at any one (1) time and four (4) resident staff. SECTI N E. -Corrections br- City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 9. -Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTION 8. -Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. AT1"EST: THUR "PAT" FITZPATRICK, ACTING CITY ATTORNEY 17 �Imend Tifle ZS -Zoning Ordinance PASSED: day of , 2013. APPROVED: day of , 2013. PUBLISHEDoo day of e F , 2013. 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:\[lull\Ordinance\toning Revlslons 15 02 And 15.04.Docx ��.I ram OR 104 18 Amend Title Y5 -Zoning Ordinance