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Home My WebLink About4132� • � • dull ' AN ORDINANCE of the City Council of the City of Kent, Washington, amending sections 15.02.260 and 15.04.200 of the Kent City Code, relating to mixed use development. (ZCA-2014-5). RECYTALS A. To guide Downtown's growth and redevelopment, the City engaged in extensive planning for the Downtown Subarea and adopted amendments to its Comprehensive Plan in 2013, including the Downtown Subarea Action Plan (DSAP) Update. B. The goals, policies, and action items of the DSAP Update 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. C. The DSAP supports the City Council's vision statement and strategies for the creation of richly diverse neighborhood urban centers. D. On November 19, 2013, the City Council adopted amendments to Title 15 of the Kent City Code, also referred to as the ��Zoning Code," one of which established that a minimum of five (5) percent of the gross floor 1 Mixed Use ®eveloprrtent �4mend KCC Y5.04 Ordinance area be designated for commercial use within mixed use development in the General Commercial Mixed Use Overlay. A significant portion of that Overlay is located within the Downtown Subarea, and establishing a low percentage for commercial uses within the Overlay may not create the economically vital, livable community envisioned by the DSAP. E. Recent changes in the housing market suggest that multi -family residential may outbid commercial use for larger parcels. The City desires to increase the minimum commercial requirement in a mixed use development within the General Commercial Mixed Use Overlay, to ensure that commercial development continues to play a major role in downtown Kent. F. The State Environmental Policy Act (SEPA) and implementing rules provide for the integration of environmental review with land use planning and project review by jurisdictions planning under the Growth Management Act (GMA) through an exemption for infill development pursuant to RCW 43.21C.229, as amended by SB 6406, effective July 10, 2012. On December 10, 2013, the City Council passed Ordinance No. 4097 establishing an infill exemption allowance for the Downtown Subarea Action Plan Area pursuant to SEPA. G. On October 9, 2012, the City's 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, 2013 and July 22, 2013. A Final Supplemental Environmental Impact Statement was issued on October 4, 2013. H. The DSAP SEIS supplements the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action Environmental Impact Statement completed in 2011 (2011 EIS). I. The City of Kent Downtown Subarea Action Plan Planned Action Supplemental EIS (referenced as the 2013 SEIS) and the 2011 EIS jointly identify impacts and mitigation measures associated with planned development in the Downtown Subarea. Together these are referenced as the Combined DSAP Planned Action EIS. J. On September 27, 2013, the SEPA responsible official issued a Determination of Nonsignificance/Adoption of Existing Environmental Document (DNS/Adoption), as well as an Addendum to the 2011 EIS, for the Zoning Code amendments outside of the Downtown Subarea. K. The DSAP SEIS, 2011 EIS, DNS/Adoption and Addendum to the 2011 EIS and DNS/Adoption satisfy SEPA requirements for the Zoning row 401MRAW, L. On November 13, 2014, the City was granted expedited review by the State of Washington under RCW 36.70A.106 for the proposed code amendments to the Zoning Code. M. The Land Use and Planning Board (LUPB") held a workshop on November 10, 2014 to review the proposed amendments to the Zoning Code. After holding a hearing on November 24, 2014, the LUPB made its recommendation to the City Council. Mixed Use Development PJAP 8 0 a- N. At its regularly scheduled meeting W" December 9, the City Council considered the LUPB's recommendation and voted to adopt amendments to the Zoning Code. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION .Z. -Amendment. Code is amended as follows: Section 15.02.260 of the Kent City 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 uFtheF, t#a-t-a�At least twenty-five (25) percent of the gross floor area, as defined in KCC 15.02.170,general commer except for mixed us. III here at least five (5) pereent ef the gFess fleeF area, as defined in KGG i C 92 i 70 -;must be a permitted commercial use, except for mixed use in general commercial outside the downtown area, as defined in KCC 15.09.046. where at least five (5) percent of the cross floor area must be a permitted commercial use. The residential component of any mixed use development cannot be permitted or occupied prior to the (permitting and/or occupancy of) the commercial component. SECTION 2. -Amendment. Code is amended as follows: Section 15.04.200 of the Kent City 0, r - 5 Mixed Use Development Overlay Districts O -MU CC -MU GC -MU Floor Not .40 for commercial .40 for commercial uses. area applicable uses. .50 for commercial uses combined ratio .50 for commercial with residential uses; provided, that uses combined with commercial floor area may be residential uses; increased by one (1) square foot for provided, that each square foot of residential floor commercial floor area provided up to a maximum area may be commercial FAR of .5. increased by one (1) 1.0 for residential uses; provided, square foot for each that residential FAR may be square foot of increased by .5 if parking is provided residential floor area below grade, up to a maximum of provided up to a 1.5s maximum commercial FAR of .5. 1.0 for residential uses; provided, that residential FAR may be increased by .5 if parking is provided below grade, up to a maximum of 1.5. Site Forty (40) Forty (40) percent Forty (40) percent for commercial coverage percent for for commercial uses. commercial uses. Sixty (60) percent for commercial uses. Sixty (60) percent uses with residential uses; provided, Sixty (60) for commercial uses that twenty-five (25) percent of the percent for with residential gross floor area is residential use. commercial uses; provided, that uses with twenty-five (25) residential percent of the gross uses; floor area is provided, residential use. that five (5) percent of the gross floor area is commercial use., except within the downtown area as defined in Ordinance Overlay Districts GC -MU O -MU CC -MU KCC 15.09.046)r where twenty-five (25) percent of the cross floor area must be commercial use. Height Sixty-five Twenty-five (25) Twenty-five (25) feet; provided, that (65) feet feet; provided, that basic heights may be increased up to basic heights may the maximum height of forty (40) be increased up to feet. (1) the maximum height of forty (40) feet. (1) Front Zero (0) feet; Zero (0) feet; Zero (0) feet, provided, that some yard provided, provided, that some setback may be required in the front that some setback may be yard to accommodate a sidewalk setback may required in the front which shall be at least ten (10) feet be required yard to in width. in the front accommodate a yard to sidewalk which shall accommodate be at least ten (10) a sidewalk feet in width. which shall be at least ten (10) feet in width. Rear and Zero (0) feet% Zero (0) feet; Zero (0) feet; provided, that side provided, provided, that setbacks of at least twenty (20) feet yard that setbacks setbacks of at least will be required in any rear or side of at least twenty (20) feet will yards that are adjacent to a twenty (20) be required in any residential zoning district. feet will be rear or side yards required in that are adjacent to any rear or a residential zoning side yards district. that are adjacent to a residential zoning district. Off-street The off-street Retail/office uses: Retail/office uses: Four (4) spaces SECTION 3. -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 4, -Corrections by City Clerk or Code Reviser. Upon approvaI 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 5. -Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication as provided by law. TE COOKE, MAYOR 7 Mixed Use Development Amend KCC 15.04 Ordinance Overlay Districts GGMU O -MU C&MU parking parking Four (4) spaces per per one thousand (1,000) square requirements one thousand feet of floor area. (2) of Chapter (1,000) square feet Residential uses (3) 15.05 KCC of floor area. (2) shall apply. Residential uses (3) Design Design Not applicable Not applicable review review requirements of KCC 15.09.045(D) and (F) and 15.09.046 shall apply. SECTION 3. -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 4, -Corrections by City Clerk or Code Reviser. Upon approvaI 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 5. -Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication as provided by law. TE COOKE, MAYOR 7 Mixed Use Development Amend KCC 15.04 Ordinance ATTEST: (1. APPROVED AS TO FORM BRUBAKER, CITY ATTORNEY PASSED: day of c'' , 2014. APPROVED. day of %' � " , 2014. PUBLISHED: day of / c?r'' , 2014. 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 hereg,n.-.i, icated,� p:\Civil\Ordinance\15.04-P91xed Use Development,docz RONAL MI E, CYl"1( CLERK SEAL)