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I of the City Council of the
city of Kent, Washington, amending Title 15 of the
Kent City Code related to the GC -MU Zoning
District and correcting a code reference in the
Downtown Design Review regulations. (ZCA-2013-
2).
A. On May 14, 2012, the Economic &Community Development
Committee recommended to the City Council passage of a resolution
declaring an emergency under the Growth Management Act, RCW
36.70A.130(2)(b), and 12.02.010.A.1 Kent City Code, to pursue an
amendment to the Kent Comprehensive Plan to revise the 2005 Downtown
Strategic Action Plan. The City Council passed Resolution 1857 on June 5,
2012 declaring an emergency.
B. The Downtown Subarea Action Plan (DSAP) replaces the 2005
Downtown Strategic Action Plan, reflects the character and structure of
Kent's Comprehensive Plan, and conforms to the State's Growth
Management Act (RCW 36.70A), King County's Countywide Planning
Policies, and Puget Sound Regional Council's VISION 2040 and
Transportation 2040.
1 Downtown Subarea
Mixed (!se Over/ay Regu/ations Code Amendment -Tit/e 15
ZC.4-2013-2
Co The DSAP is a policy document that contains goals and
policies, and associated actions. The action items facilitate
implementation of the goals and policies over time.
D. The goals, policies, and action items are intended to
implement the vision for Downtown as a memorable, compact, livable
community that is economically vital, environmentally sustainable, and
supported by a variety of transportation options.
E. The DSAP supports the city council's vision statement and
strategies for the creation of richly diverse neighborhood urban centers.
F. The amendments to Title 15 are based on action LU -2.1b
within the updated DSAP which states: "Amend the development
regulations to increase allowable building height for General Commercial
Mixed Use (GC -MU) within Downtown to ensure a more dense mix of
office, retail, and housing options.' and based on action LU -2.2a which
states: "Revise the Mixed Use Overlay Development Standards to ensure
that the form of infill development is in keeping with the community's
vision, including minimizing the environmental impacts on adjacent
residential uses. "
G. Development regulations must be consistent with and
implement the Comprehensive Plan as provided by RCW 36.70A.040(3),
The DSAP is incorporated into the Comprehensive Plan. The amendments
to Title 15 implement the DSAP goals and policies.
H. A Downtown Steering Committee consisting of community
business and property owners, local developers, citizens, and city
2 Downtown Subarea
Mixed Use Over/ay Regulations Code Amendment -Tit/e 15
ZCA-2013-2
leadership, convened seven (7) times between July 2012 and April 2013
for the purpose of advising the DSAP update.
I. Extensive community visioning was conducted through
individual interviews, three neighborhood meetings, and two online
surveys.
J. On July 19, 2013, the City provided via a -mail to the State of
Washington Department of Commerce the required sixty (60) day
notification under RCW 36.70A.106 regarding the City's proposed
amendments to Title 15.
K. On October 9, 2012 the City's State Environmental Policy Act
(SEPA) responsible official issued a Determination of Significance
(DS)/Scoping Notice for the City of Kent Downtown Subarea Action Plan
Planned Action Supplemental Environmental Impact Statement, solicited
public comment through a November 1, 2012 open house meeting, and
invited comments during the scoping period which closed November 2,
2012. A Draft Supplemental Environmental Impact Statement (SEIS) was
issued on June 21, 2013. The draft SEIS was considered during a public
hearing on the DSAP which was held on July 8, and July 22, 2013. A Final
Environmental Impact Statement was issued on October 4, 2013.
L. The DSAP SEIS supplements the City of Kent Comprehensive
Plan Review and Midway Subarea Planned Action Environmental Impact
Statement completed in 2011 (2011 EIS).
M. On September 27, 2013, the SEPA responsible official issued
a Determination %J Nonsignificance/Adoption of Existing Environmental
Document (DNS/Adoption), as well as an Addendum to the 2011 EIS, for
3 Downtown Subarea
Mixed Use Over/ay Regulations
Code Amendment -Tit/e 15
ZC.4-2013-2
the Title 15 amendments outside of the Downtown Subarea and correcting
a code reference in the Downtown Design Review regulations.
N: The DSAP SEIS, 2011 EIS, DNS/Adoption and Addendum to
the 2011 EIS satisfy SEPA requirements for the Title 15 code
amendments.
O. The Land Use and Planning Board held workshops on June
25, 2012, October 22, 2012, March 11, 2013, May 13, 2013, May 28,
2013, and June 24, 2013, to review the DSAP update, and a series of land
use plan map amendments and rezones associated with the proposed
goals, policies, and action items within the DSAP.
P. On July 8, 2013, and July 22, 2013, the Land Use and
Planning Board held a public hearing to consider the draft DSAP update,
land use plan map amendments, rezones, comprehensive plan text
amendments, code amendments to Title 15 and the draft SEIS.
Q. On August 12, 2013, the Land Use and Planning Board made
recommendations to the City Council.
R. The Economic &Community Development Committee was
provideJ
information regarding the DSAP update during its meetings on
June 11, 2012 and March 11, 2013.
S. The Committee considered the Land Use and Planning Board's
recommendation at a meeting on October 14, 2013 and forwarded its
recommendation to the full City Council.
4 Downtown Subarea
Mixed Use Over/ay Regu/ations Code Amendment -Title 15
ZCA-20.13-2
' • •I • I I I I• II i i'I I ••. U• • . -• is a r
and text amendments, the full City Council held a workshop on September
17, 2013.
U. At its regularly scheduled meeting on November 19, 2013,
the City Council voted to adopt amendments to Title 15 and correct a
code reference in the Downtown Design Review regulations.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION I, -Incorporation of Recita/s. The preceding recitals are
incorporated herein by this reference and constitute the council's findings
on this matter.
SECTION 2, -Amendment. Section 15.02.260, entitled Mixed use
development," of the Kent City Code is amended as follows:
Sec. 15.02.260. Mixed use development
Mixed use development shall mean two (2) or more permitted uses or
conditional uses developed in conjunction with one another on the same
site. Provided that the aforementioned requirements are met, a mixed use
development may include two (2) or more separate buildings. Provided
further, that at least twenty-five (25) percent of the gross floor area, as
defined in KCC 15.02.170, except for mixed use in General Commercial
where at least five (5) percent of the gross floor area, as defined in KCC
15.02.170, be a permitted commercial use. The residential component of
5 Downtown Subarea
Mixed Use Over/ay Regu/ations Code Amendment -Tit/e 15
ZC.4-2013-Z
any mixed use development cannot be permitted or occupied prior to they
i
(permitting and/or occupancy of) the commercial component.
SECTION 3. - Amendment. Section 15.04.190, entitled
"Commercial and industrial zone development standards," of the Kent Cityi
Code is amended as follows:
6 Downtown Subarea
Mixed Use Over/ay Regu/ations Code Amendment -Tit/e 15
ZCA-2013-2
Zoning Districts
DC
MTC-
MTC-
CM-
CM-
M
M
M1-
GW
A
NCC
CC
DC
MCR
GC
O
M2
M3
E
1
2
1
2
A
1
C
C
G
1010
1010
5,0
5,0
71500
7,500
71500
10,0
10,0
10,0
1010
1
1
10,0
20,0
1510
10,0
1
Minimum
00
00
00
00
sq ft
sq ft
sq ft
00
00
00
00
acr
acr
00
00
00
00
acr
lot area:
sq ft
sq ft
sq
sq
sq ft
sq ft
sq ft
sq ft
e
a
sq ft
sq ft
sq ftsgfte
square
ft
ft
(66)
feet or
(1)
(66
acres, as
(66
)
noted
Maximu
40
40
100
100
80%
100%
80%
50
50
40
30
50
60
60
65
75
40
60
m site
%
%
%
%
%
%
%
%
%
%
%
%
%
%
%
coverage
percent
of site
Minimum
yard
requirem
ents:
feet
10
15
(2)
(3)
20 ft
(68)
20 ft
15
15
20
25
30
(5)
(5)
(6)
(7)
15
(5)
Front
ft
ft
ft
ft
ft
ft
ft
ft
yard
(4)
(8)
(9)
(2)
(3)
(68)
(68)
(68)
(10)
(10)
(10)
(10)
(1
(1
(12)
(13)
(14)
5 ft
(1
Side
(10)
(10)
(10)
1)
2)
(15)
2)
y ard
(16)
6 Downtown Subarea
Mixed Use Over/ay Regu/ations Code Amendment -Tit/e 15
ZCA-2013-2
7 Downtown Subarea
Mixed Use Over/ay Regulations Code Amendment -Tit/e 15
ZCA-2013-2
Zoning Districts
DC
MTC-
MTC-
CMM
CM-
M
M
M1=
GW
A
NCC
CC
DC
MCR
GC
O
M2
M3
E
1
2
1
2
A
1
C
C
G
The
The
The
(1
(17)
(17)
(18)
15
(1
Midwa
Midwa
Midwa
7)
ft
7)
Side
y
y
y
yard on
Desig
Desig
Desig
flanking
n
n
n
street of
Guidel
Guidel
Guidel
corner
ines
ines
ines
lot
shall
shall
shall
apply
apply
apply
Rear
(8)
20
(2)
(3)
(68)
(68)
(68)
(19)
(19)
(19)
(19)
(2
(20)
(21)
(21)
5 ft
(2
yard
ft
(19)
(19)
(19)
(2)
0)
(22)
0)
Yards,
(2
(23)
(24)
(25)
(2
transitio
3)
3)
nal
condition
s
(2
(2
(29)
(2
6)
9)
9)
Addition
(2
al
7)
setbacks
(2
8)
2
3
4
(32
5
16
16
2
2
2
3
2
2
2
2
2
3
2
Height
stry
stry
stry)
stry/5
stry/2
stry/2
stry
stry
stry
stry
str
str
stry
stry
stry
stry
str
limitatio
/35
/40
/
5 ft
00 ft
00 ft
/35
/35
/35
/40
y/
y/
/35
/ 35
/35
/40
y/
n: in
ft
ft
60
(69)
(70)
(70)
ft
ft
ft
ft
35
35
ft
ft
ft
ft
35
stories/n
(30)
ft
(70)
(30)
(30)
(30)
ft
ft
(35)
(35)
(37)
(38)
ft
of to
(31
(3
(3
(3
exceed
)
3)
5)
5)
in feet
(3
4)
Landsca
The landscaping requirements of Chapter 15.07 KCC shall apply.
ping
7 Downtown Subarea
Mixed Use Over/ay Regulations Code Amendment -Tit/e 15
ZCA-2013-2
8 Downtown Subarea
Mixed Use Over/ay Regu/ations Code Amendment -Title 15
ZCA-2013-2
Zoning Districts
DC
MTC-
MTC-
CMM
CM=
M
M
M1-
GW
A
NCC
CC
DC
MCR
GC
O
M2
M3
E
1
2
1
2
A
1
C
C
G
(5
(52)
(5
2)
2)
Outdoor
(39)
(39)
(40)
(40)
(40)
(4
(4
(43)
(44)
(45)
(59)
(4
storage
(41)
(41)
2)
3)
(51)
3)
Signs
The sign regulations of Chapter 15.06 KCC shall apply.
(60)
Vehicle
(46)
(46)
(46
(46)
(46)
(46)
(46)
(46)
drive-
)
(61)
through,
drive-in,
and
service
bays
(4
(47)
(47)
(47)
(4
Loading
7)
(48)
(49)
(51)
7)
areas
(4
(4
8)
1
1
1
1
8)
Off-
The off-street parking requirements of Chapter 15.05 KCC shall apply.
street
parking
(57)F
(57)
(57)
(5
(58)
(58)
(57)
(5
8)
8)
(50)
(31
(31
(50)
(50)
(50)
(50)
(50)
(31)
(36)
(5
(5
(50)
(50)
(50)
(5
(56)
(50)
)
)
(56)
(56)
(56)
(56)
(56)
(36)
(50)
0)
0)
(53)
(54)
(54)
0)
(62)
(56)
(50
(50
(71)
(71)
(71)
(50)
(56)
(5
(5
(54)
(55)
(55)
(5
Addition
(63)
)
)
(56)
6)
3)
(55)
(56)
(56)
3)
al
(64)
(56
(56
LZ.21
(5
(56)
(5
standard
(65)
)
)
4)
4)
s
(67
(5
(5
5)
5)
(5
(5
6)
6)
8 Downtown Subarea
Mixed Use Over/ay Regu/ations Code Amendment -Title 15
ZCA-2013-2
�Commercial and industrial land use development standard conditions,
the Kent City code is amended to read as follows:
Sec. 15.04.195. Commercial and industrial land use
development standard conditions.
1. Minimum lot of record or five thousand (5,000) square feet,
whichever is less.
2. None, except as required by landscaping, or if off-street parking is
provided onsite. See the downtown design review criteria outlined in KCC
15.09.046.
3. No minimum setback is required. If a rear and/or side yard abuts a
residential district, a twenty (20) foot rear and/or side yard setback may
IN
be required. See the downtown design review criteria outlined in KCC
15.09.046.
4. For properties abutting on West Valley Highway, the frontage on
West Valley Highway shall be considered the front yard.
5. The minimum front yard setback shall be related to the classification
of the adjacent street. This classification shall be determined by the city
transportation engineer. The setbacks are as follows.
a. Properties fronting on arterial and collector streets shall have
a minimum setback of twenty (20) feet.
b. Properties fronting on local access streets shall have a
minimum setback of twenty (20) feet.
9 Downtown Subarea
Mixed Use Over/ay Regu/ations Code Amendment -Tit/e 15
ZCAMAC 013-2
6. The minimum front yard setback shall be related to the classification,
of the adjacent street. This classification shall be determined by the city;
transportation engineer. The setbacks are as follows:
a. Properties fronting on arterials and collector streets shall have
a minimum setback of forty (40) feet.
b. Properties fronting on local access streets shall have a'
minimum setback of thirty (30) feet.
7. The front yard shall be ten (10) percent of the lot depth. Regardless
of lot size, the yard depth need not be more than thirty-five (35) feet.
8. No side or rear yard is required, except when abutting a district
other than NCC, and then the yard shall be not less than five (5) feet in
width, unless the abutting district or use is residential and then the yard
shall be ten (10) feet in width and fully landscaped.
9. No side yard is required, except when abutting a more restrictive
district, and then the side yard shall be not less than twenty (20) feet in
width.
10. No side yard is required, except abutting a residential district, and
then the side yard shall be twenty (20) feet minimum.
11. An aggregate side yard of thirty (30) feet shall be provided. A
minimum of ten (10) feet shall be provided for each side yard. On a corner
lot the side yard setback shall be a minimum of twenty (20) feet from the
property line.
10 Downtown Subarea
Mixed Use Overlay Regu/ations Code Amendment -Tit/e 15
ZC.4-2013-2
12. The side yards shall have an aggregate width of ten (10) percent of
the lot width, but the aggregate width need not be more than forty (40)
feet. There shall be a minimum of fifteen (15) feet on each side.
13. The side yards shall have an aggregate width of ten (10) percent of
the lot width, but the aggregate width need not be more than thirty (30)
feet. There shall be a minimum of ten (10) feet on each side.
14. The side yards shall have an aggregate width of ten (10) percent of
the lot width, but the aggregate width need not be more than twenty-five
(25) feet. There shall be a minimum of ten (10) feet on each side.
15. Aside yard of at least five (5) feet in depth shall be provided along
the side property lines, except no side yard shall be required between
adjacent properties where a common, shared driveway with a perpetual
cross -access easement is provided to serve the adjoining properties.
16. Where a side yard abuts a residential district, a side yard of at least
twenty (20) feet shall be provided.
17. The minimum side yard on the flanking street of a corner lot shall be
related to the classification of the adjacent street. This classification shall
be determined by the city transportation engineer. The setbacks are as
follows:
a. Properties fronting on arterial and collector streets shall have
a minimum setback of forty (40) feet.
11 Downtown Subarea
Mixed Use Over/ay Regu/ations Code Amendment -Tit/e 15
ZCA-2013-2
b. Properties fronting on local access streets shall have a
minimum setback of thirty (30) feet.
18. The side yard on the flanking street of a corner lot shall be at least
ten (10) percent of the lot width, unless the ten (10) percent figure would
result in a side yard of greater than twenty (20) feet, in which case the
side yard need not be more than twenty (20) feet.
19. No rear yard is required, except abutting a residential district, and
then the rear yard shall be 18. twenty (20) feet minimum.
20. No rear yard is required, except as may be required by oth
setback provisions of this section.
21. No rear yard is required, except as may be required by transitional
conditions.
22. A rear yard of at least five (5) feet in depth shall be provided,
except when a rear yard abuts a residential district, and then a rear yard
of at least twenty (20) feet in depth shall be provided.
23. Transitional conditions shall exist when an industrial park M1 or M1 -
C district and AG district adjoins a residential district containing a density
of two (2) dwelling units or more per acre or a proposed residential area
indicated on the city comprehensive plan. Such transitional conditions shall
not exist where the separation includes intervening use such as a river,
freeway, railroad main line, major topographic differential, or other similar
conditions, or where the industrial properties face on a limited access
surface street on which the housing does not face. When transitional
12 Downtown Subarea
Mixed Use Over/ay Regulations Code Amendment -Tit/e Y5
ZCA-2013-2
conditions exist as defined in this subsection, a yard of not less than fifty
(50) feet shall be provided.
24. Transonal conons shall exist when an M2 district adjoins a
residential district containing a density of two (2) dwelling units or more
per acre or a proposed residential area indicated on the city
comprehensive plan. Such transitional conditions shall not exist where the
separation includes an intervening use such as a river, freeway, railway
main line, major topographic differential, or other similar conditions, or
where the industrial properties face on a limited access surface street on
which the housing does not face. When transitional conditions exist as
defined in this subsection, a yard of not less than fifty (50) feet shall be
provided.
25. Transitional conditions shall exist when an M3 district adjoins a
residential district containing a density of two (2) dwelling units or more
per acre or a proposed residential area indicated on the city
comprehensive plan. Such transitional conditions shall not exist where the
separation includes an intervening use such as a river, railroad main line,
major topographic differential, or other similar conditions, or where the
industrial properties face on a limited access surface street on which the
housing does not face. When transitional conditions exist as defined in this
subsection, a yard of not less than fifty (50) feet shall be provided.
26. Structures for feeding, housing, and care of animals shall be set
back fifty (50) feet from any property line.
27. Transitional conditions shall exist when an MA district adjoins a
residential district containing a density of two (2) dwelling units or more
per acre or a proposed residential area indicated on the city
13 Downtown Subarea
Mixed Use Over/ay Regulations Code Amendment -Tit/e 15
ZCA-2013-2
comprehensive plan. Such transitional conditions shall not exist where the''
separation includes an intervening use such as a river, railroad main line,
major topographic differential, or other similar conditions, or where the
industrial properties face on a limited access surface street on which the
housing does not face. When transitional conditions exist as defined in this
subsection, a yard of not less than fifty (50) feet shall be provided.
28. Industrial development in the MA district abutting the Green River,
or Russell Road or Frager Road where such roads follow the river bank,
shall be set back from the ordinary high-water mark of the river a
minimum of two hundred (200) feet. Such setbacks are in accordance with
the city comprehensive plan and are in accordance with the high quality of
site development required for the industrial parks area of the city, which
MA areas are designated to become in the city plan, and are in accordance
with the state Shoreline Management Act of 1971, and shall be no more
restrictive than, but as restrictive as, the Shoreline Management Act,
29. Development in the M1 or M1 -C district and AG district abutting the
Green River, or Russell Road or Frager Road where such roads follow the
river bank, shall be set back from the ordinary high-water mark of the
river a minimum of two hundred (200) feet. Such setbacks are in
accordance with the state Shoreline Management Act of 1971, and shall be
no more restrictive than, but as restrictive as, the Shoreline Management
Act.
30. The planning director shall be authorized to grant one (1) additional
story in height, if during development plan review it is found that this
additional story would not detract from the continuity of the area. More
than one (1) additional story may be granted by the land use and planning
board.
14 Downtown Subarea
Mixed Use Overlay Regulations Code Amendment -Title 15
ZCA-2013-2
31. The downtown design review requirements of KCC 15.09.046 shall
apply.
32. No maximum height limit is required, except for parcels located
within a downtown commercial enterprise - transitional overlay (DCE-T),
where the height limit is thirty-five (35) feet. See also the downtown
design review criteria outlined in KCC 15.09.046.
33. Beyond this height, to a height not greater than either four (4)
stories or sixty (60) feet, there shall be added one (1) additional foot of
yard for each additional foot of building height.
34. The planning director shall be authorized to approve a height
greater than four (4) stories or sixty (60) feet, provided such height does
not detract from the continuity of the area. When a request is made to
exceed the building height limit, the planning director may impose such
conditions, within a reasonable amount of time, as may be necessary to
reduce any incompatibilities with surrounding uses.
35. Beyond this height, to a height not greater than either four (4)
stories or sixty (60) feet, there shall be added one (1) additional foot of
yard for each one (1) foot of additional building height. The planning
director shall be authorized to approve one (1) additional story, provided
such height does not detract from the continuity of the industrial area, and
may impose such conditions as may be necessary to reduce any
incompatibility with surrounding uses. Any additional height increase may
be granted by the land use and planning board.
15 Downtown Subarea
Mixed Use Over/ay Regu/ations Code Amendment -Tit/e 15
ZCA-2013-Z
36. Design review for mixed use development is required as provided in
i
37. The height limitation is two (2) stories or thirty-five (35) feet.
Beyond this height, to a height not greater than either four (4) stories or;
sixty (60) feet, there shall be added one (1) additional foot of yard for;
each two (2) feet of additional building height. The planning director shall'I
be authorized to approve one (1) additional story, provided such height'
does not detract from the continuity of the industrial area, and may
impose such conditions as may be necessary to reduce any incompatibility'
with surrounding uses. Any additional height increases may be granted by
the land use and planning board.
38. The height limitation is three (3) stories or forty (40) feet. An
additional story or building height may be added, up to a maximum of five
(5) stories or sixty (60) feet, with one (1) additional foot of building
setback for every additional foot of building height over forty (40) feet.
39. Outdoor storage areas are prohibited.
40. Outdoor storage areas shall be fenced for security and public safety
by a sight -obscuring fence unless it is determined through the
development plan review that a sight -obscuring fence is not necessary.
41. Any unfenced outdoor storage areas shall be paved with asphaltic
concrete, cement, or equivalent material to be approved by the city
engineer.
42. Outdoor storage (for industrial uses) shall be at the rear of a
principally permitted structure and shall be completely fenced.
16 Downtown Subarea
Mixed Use Over/ay Regu/ations Code Amendment -Tit/e 15
ZLOM -2013-X
43. Outside storage or operations yards in the M1 or M1 -C district and
AG district shall be permitted only as accessory uses. Such uses are
incidental and subordinate to the principal use of the property or structure.
Outside storage or operations yards shall be confined to the area to the
rear of the principal bung or the rear twords (2/3) %J the property
and reasonably screened from view from any property line by appropriate
walls, fencing, earth mounds, or landscaping. Outside storage exceeding a
height of fifteen (15) feet shall be so placed on the property as to not
detract from the reasonably accepted appearance of the district.
44. Outside storage or operations yards shall be confined to the area to
the rear of a line which is an extension of the front wall of the principal
building, and shall be reasonably screened from view from any street by
appropriate walls, fencing, earth mounds, or landscaping.
45. Outside storage or operations areas shall be fenced for security and
public safety at the property line.
46. Wherever feasible, drive-up/drive-through facilities shall be
accessed from the rear of a site and run along an interior lot line or
building elevation. Landscaping, sufficient to soften the visual impact of
vehicle stacking areas, may be required.
47. Loading areas must be located in such a manner that no loading,
unloading, or maneuvering of trucks associated therewith takes place on
public rights-of-way.
48. Earth berms and landscaping shall be provided along street
frontages as necessary to screen docgh loading areas from public
17 Downtown Subarea
Mixed Use Over/ay Regulations Code Amendment -Tit/e 15
ZCA-2013-2
rights-of-way. Berms shall be a minimum of thirty-six (36) inches and a<
maximum of forty-two (42) inches in height. Landscaping located on then
berm shall conform to type III landscaping as described in KCC 15.07.050.
I
49. Earth berms and landscaping shall be provided along streets
frontages as necessary to screen dock -high loading areas from public!
rights-of-way. Berms shall be a minimum of thirty (30) inches in height.
Landsca m located on the berm shall conform to a III landscaping'
p� 9 type p� 9'
described in KCC 15.07.050 pertaining to visual buffers.
50. Development plan approval is required as provided in KCC
15.09.010.
51. Earth berms and landscaping shall be provided along street
frontages as necessary to screen dock -high loading areas from public
rights-of-way. Berms shall be a minimum of twenty (20) inches in height.
Landscaping located on the berm shall conform to type III landscaping
described in KCC 15.07.050 pertaining to visual buffers.
52. Where building walls face adjacent streets and are unfenestrated for
more than forty (40) feet at any point along the facade, additional
landscaping shall be required to reduce visual impacts. In such
circumstances, type II landscaping, as defined in KCC 15.07.050, shall be
required; provided, that evergreen trees shall be at least ten (10) feet in
height and deciduous trees shall be a minimum of two (2) inch caliper at
the time of planting.
53. Predominant activities and operations shall be completely enclosed
within buildings or structures, except for customary appurtenances such as
loading and unloading areas, or where special conditions exist as a result
18 Downtown Subarea
Mixed Use Over/ay Regu/ations Code Amendment -Tit/e 15
ZC.4Mair 01ftp MAC
• • •MIMLOAM- . 11111i 1. - . •-
authorized to determine the reasonable application of this provision in
cases of operational hardship or other showing of uncommon
circumstances.
54. Multitenant bungs shall be permitted.
55. All required yards, parking areas, storage areas, operations yards, and
other open uses on the site shall be maintained in a neat and orderly
manner appropriate for the district at all times. The :planning director shall
be authorized to reasonably pursue the enforcement of this subsection
where a use is in violation, and to notify the owner or operator of the use
in writing of such noncompliance. The property owner or operator of the
use shall be given a reasonable length of time to correct the condition.
56. The performance standards as provided in KCC 15.08.050 shall
apply.
57. Off-street parking may be located in required yards except in areas
required to be landscaped.
58. Those areas not required to be landscaped may be used for off-
street parking.
59. Outdoor storage is allowed only as an accessory use to small scale,
light industrial, or manufacturing operations where the building, structure,
or total operation, including all indoor and outdoor storage areas, does not
encompass more than ten thousand (10,000) square feet of total area.
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Mixed Use Over/ay Regu/ations Code Amendment -Tit/e 15
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60. Signage on commercial uses in the M14C zone shall be as specifiec
in NCC 15.06.050(6). Signage on industrial uses in the M1 -C zone shall DE
as specified in KCC 15.06.050(E).
61. Any eating establishment with a drive-through/drive-in facility shal
be located a minimum of one thousand (1,000) feet from any other
restaurant with adrive-through/drive-in facility.
62. Parking should be located either next to or behind the building
Parking should not be placed between the street and the building.
63. A direct pedestrian connection shall be provided from the street t(
the building.
64. Screening by either an enclosure and/or evergreen landscaping shal
be provided for mechanical equipment, service doors, and garbage areas
Rooftop equipment shall be enclosed with a parapet or similar desigr
feature.
65. Structures shall be designed to maintain the residential character of
the surrounding neighborhood. Modulating the building mass, adding
dormer windows, covered entryways, or porches are ways to enhance the
human scale and provide a residential dimension to structures.
66. Minimum lot area requirements do not apply to multifamily
development in the Kent downtown planning area identified in KC
15.09.046,
67. Within the downtown commercial enterprise - transitional overla
(DCE-T), downtown design review guidelines regarding balconies and/or
20 Downtown Subarea
Mixed Use Overlay Regulations Code Amendment -Tit/e 15
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upper floor setbacks (sections III.13 and III.C) are required elements,
optional elements.
68. No yard, except as required by landscaping, or if surface parking is
provided onsite. See the Midway Design Guidelines and KCC 15.09.045.
69. The height limitation of new construction in MRT-1 zoning district
abutting a residential district shall be thirty-five (35) feet in height within
twenty (20) feet from the residential district and forty-five (45) feet in
height within forty (40) feet from the residential district.
70. New construction shall conform to applicable Federal Aviation
Administration regulations, including Part 77, Federal Aviation Regulations,
Objects Affecting Navigable Airspace, as presently constituted or as ma
be subsequently amended.
71. The transit -oriented community design review requirements of KCC
15.09.045 shall apply.
72. Design review for multifamily development is required as provided in
KCC 15.09.045(D)n
SECTION 5 -Amendment. Section 15.04.200, entitled Mixed use
overlay development standards," of the Kent City code is amended to read
as follows:
Sec. 15.04.200. Mixed use overlay development standards.
Overlay Districts
21 Downtown Subarea
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22 Downtown Subarea
Mixed Use Overlay Regulations Code Amendment -Title 15
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Overlay Districts
GC -MU
O -MU
CC -MU
Floor area ratio
A0 `e- eengme_e'..' Hses
.40 for commercial uses.
.40 for commercial uses.
.50 for
.50 for commercial uses
.50 for commercial uses
—e
combined with residential
combined with residential
uses; provided, that
uses; provided, that
commercial floor area may
commercial floor area may
be increased by one (1)
be increased by one (1)
square foot for each
square foot for each
square foot of residential
square foot of residential
floor area provided up to a
floor area provided up to a
eeRgiggeFc'a'A of 050
maximum commercial FAR
maximum commercial FA
1.0 feF
of .5.
of .5.
FesodeFitmal uses-,
1.0 for residential uses;
1.0 for residential uses;
FAR may be inereased by --,S
provided, that residential
provided, that residential
if paicking is PFE)Vided be!
FAR may be increased by
FAR may be increased b
.5 if parking is provided
.5 if parking is provided
1-.�5- Not Applicable
below grade, up to a
below grade, up to a
maximum of 1.5.
maximum of 1.5.
Site coverage
Forty (40) percent for
Forty (40) percent for
Forty (40) percent for
commercial uses.
commercial uses.
commercial uses.
Sixty (60) percent for
Sixty (60) percent for
Sixty (60) percent for
commercial uses with
commercial uses with
commercial uses with
residential uses; provided,
residential uses; provided,
residential uses; provided,
that twenty-five 5
that twenty-five (25)
that twenty-five (25)
percent of the gross floor
percent of the gross floor
percent of the gross floor
area isres, a'commercial
area is residential use.
area is residential use.
use.
Height
(25)Sixty-five
Twenty-five (25) feet;
Twenty-five (25) feet;
1651 fee previded,
provided, that basic
provided, that basic
basie heights
heights may be increased
heights may be increased
may -lae
up to the maximum height
up to the maximum height
of forty (40) feet. (1)
of forty (40) feet. (1)
(inn) feet ( )/1
Front yard
Zero (0) feet; provided, that
Zero (0) feet; provided,
Zero (0) feet; provided,
some setback may be
that some setback may be
that some setback may be
required in the front yard to
required in the front yard
required in the front yard
accommodate a sidewalk
to accommodate a
to accommodate a
which shall be at least ten
sidewalk which shall be al
sidewalk which shall be a
22 Downtown Subarea
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SECTION 5. - Amendment. - Section 15.09.046, entitled
"Downtown design review," is amended to read as follows:
Sec. 15.09.046. Downtown design review.
A. Purpose and scope.
1. Downtown design review is an administrative process, the
purpose of which is to implement and give effect to the downtown plan, its
policies or parts thereof, through the adoption of downtown design
guidelines, as set forth in subsection (D) of this section, for development
23 Downtown Subarea
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Overlay Districts
GC -Mu
O -mu
CC -Mu
(10) feet in width.
least ten (10) feet in
least ten (10) feet in
width.
width.
Rear and side
Zero (0) feet; provided, that
Zero (0) feet; provided,
Zero (0) feet; provided,
yard
setbacks of at least twenty
that setbacks of at least
that setbacks of at leas
(20) feet will be required in
twenty (20) feet will be
twenty (20) feet will be
any rear or side yards that
required in any rear or
required in any rear o
are adjacent to a residential
side yards that are
side yards that are
zoning district.
adjacent to a residential
adjacent to a residential
zoning district,
zoning district.
Off-street
Retail/office uses: Four (4)
Retail/office uses: Four (4)
parking
spaces --y
spaces per one thousand
spaces per one thousand
E1,909) square feet ef fl
(11000) square feet o
(1,000) square feet o
area. (2)
floor area. (2)
floor area. (2)
Residential uses The off-
Residential uses (3)
Residential uses (3)
street [)arking requirements
of Ch. 15.05
KCC shall
apply.
Design review
Desian review requirements
Not applicable
Not applicable
of KCC 15.09.046
KC
15.09.045 D and
15.09.045(F) KCC shall
SECTION 5. - Amendment. - Section 15.09.046, entitled
"Downtown design review," is amended to read as follows:
Sec. 15.09.046. Downtown design review.
A. Purpose and scope.
1. Downtown design review is an administrative process, the
purpose of which is to implement and give effect to the downtown plan, its
policies or parts thereof, through the adoption of downtown design
guidelines, as set forth in subsection (D) of this section, for development
23 Downtown Subarea
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within the downtown planning area, which is bounded by State Route 167
to the west, Cloudy Street to the north,
Kennebeck/Clark/Jason/Titus/Central Avenue to the east, and Willis Street
to the south. The area, co -terminous with the downtown districts identified
in the downtown strategic action plan, is shown on the map following this
section.
It is the intent of the city that this process will serve to aid applicants in
understanding the principal expectations of the city concerning
development in the downtown planning area and encourage a diversity of
imaginative solutions to development through the review and application of
the downtown design guidelines. These guidelines have been formulated to
ensure that the design, siting, and construction of development will
provide a quality pedestrian -oriented urban environment in a manner
consistent with established land use policies, the comprehensive plan, and
the zoning code of the city.
2. The adoption of the downtown design guidelines is an element
of the city's regulation of land use, which is statutorily authorized. The
downtown design review process adopted herein is established as an
administrative function delegated to the city's planning services office
pursuant to RCW Title 35A. Therefore, in implementing the downtown
design review process, the planning manager may adopt such rules and
procedures as are necessary to provide for review of proposed projects.
3. All development within the downtown planning area shall be
subject to the provisions of this section.
4. The downtown design review process is distinct from the
multifamily design review process set forth in KCC 15.09.045. Applications
24 Downtown Subarea
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for multifamily development within the DC, DCE, and DLM zoning districts
shall be subject to the provisions of KCC 15.09.045 in addition to the
provisions of this section, except as provided in KCC 15.09.045ff) UEE .
However, the provisions of this section shall prevail in cases where a
conflict may arise between the requirements of the two (2) sections.
B. Application and review process. The downtown design review
process is administrative and is conducted as part of the permit review
process. The applicant must make application for the design review
process on forms provided by planning services. Upon receipt of an
application for design review, the planning manager shall circulate the
application to the appropriate city departments and offices for review. Prior
to issuing a final decision, the planning manager shall review any
comments submitted for consideration. In the administration of this
process, planning services may develop supplementary handbooks for the
public, which shall pictorially illustrate and provide additional guidance on
the interpretation of the criteria set forth in the downtown design
guidelines.
C. Design review committee. There is hereby established the downtown
design review committee, which shall make all final decisions on
applications for downtown design review. The committee shall be
comprised of three (3) members, who shall be appointed by the planning
manager under the authority delegated to him under RCW Title 35A. The
members shall serve at the pleasure of the planning manager. The
planning manager shall, by administrative rule, establish the rules of
procedure for the committee, which shall be made available to the public
upon publication.
25 Downtown Subarea
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D. Downtown design guidelines - Adoption. The downtown design
review committee shall use the downtown design guidelines in the
evaluation and/or conditioning of applications under the downtown design
review process. The downtown design guidelines, entitled "Kent Downtown
Design Guidelines," initially prepared by the city of Kent planning services
in collaboration with MAKERS, Architecture and Urban Design and Mark
Hinshaw of LMN Architecture, dated September 19, 2000, and subsequent
amendments thereto are hereby adopted by this reference as authorized
pursuant to RCW 35A.12.140 and shall be placed on file in the offices of
the city clerk and planning services.
E. Appeals. The decision of the downtown administrative design review
committee to approve, condition, or reject any application under the
downtown design review process is final unless an appeal is made to the
hearing examiner within fourteen (14) calendar days of either the issuance
of the committee's conditional approval or rejection of any application
under this section. Appeals to the hearing examiner shall be conducted as
set forth in Chapter 2.32 KCC. The decision of the hearing examiner shall
be final, unless an appeal is made to the King County superior court, within
twenty-one (21) calendar days of the date of the decision.
SECTION 6. - Severability. If any one or more sections,
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. -Corrections by 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
26 Downtown Subarea
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correction of clerical errors; references to other local, state or federal laws,11
codes, rules, or regulations® or ordinance numbering and
section/subsection numbering.
SECTION 8. -Effective Date. This ordinance shall take effect and;
be in force thirty (30) days from and
ATTEST:
NALD F. NOR
APPROVED AS TO FO
CLE
R
passage as provided by law.
COOKE, MAYOR
UR PAF='fITZPATRICK, ACTING CITY ATTORNEY
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:\Civil\Ordinance\DSAP 2013\Attachment D - 2DSAP_Mixeduse.Docx
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