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strategies that make existing codes outdated; conflicts with updated codes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
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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
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the underlying
zoning
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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
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C
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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
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than three (3) persons
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recreational vehicles
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(25)
(25)
(25)
(25)
(25)
(25)
(25)
(25)
(25)
(25)
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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