HomeMy WebLinkAbout4188AN ORDINANCE of the City Council of the
City of Kent, Washington, amending portions of
Chapters 15.02 and 15.04 of the Kent City Code,
including adding a new Section 15.02.203;
pertaining to the definitions and development
regulations applicable to assisted living facilities
and independent senior living facilities. (DKT-2014-
5.)
RECITALS
A. Pursuant to RCW 36.70A.470, the Growth Management Act (GMA)
requires that the City establish a docketing process as a means for the
public to suggest changes or identify deficiencies in City plans and
regulations. The docketing process is set forth in Section 12.02.025 of the
Kent City Code (KCC).
B. On September 2, 2014, a docket item was submitted to the City,
requesting a change in now assisted living facilities" are defined for the
purpose of locating them in commercial areas without a mixed use
component. This was designated Docket No. DKT-2014-5. Staff
recommended that this docket item not be included in the 2015 work
program for the Economic and Community Development Department
("Department") at that time.
1 Amend KCC 15.02 and 15.04 -
Re: Elder Care
C. On November 10, 2014, the Economic and Community Development
Committee passed a motion accepting the staff recommendation (revised
to include DKT-2014-5 in the 2015 work program) to approve the 2014
Annual Docket Report as presented.
D. On November 18, 2014, the City Council authorized the Mayor to
accept the Economic and Community Development Committee
recommendations on the 2014 Annual Docket Report.
E. Kent has a growing population of seniors, and nationwide research
suggests that this demographic will be healthier and more mobile than
previous generations of seniors. Experts describe a trend towards senior
living in walkable urban areas with nearby amenities, while isolated
institutional -type facilities are considered less humane.
F. Current mixed use requirements in city code reflect a policy decision
that multifamily or multi -unit developments should include on-site
commercial uses.
G. On August 24, 2015, Department staff presented an overview of
current research on aging, background on types of senior living facilities,
facility design, and land use trends, to the Land Use and Planning Board
("LUPB") at a workshop meeting.
H. On October 12, 2015, Department staff recommended to the
Economic and Community Development Committee that the 2014 Docket
Report be amended in order to, among other things, include DKT-2014-5
in the 2015 work program. At this October 12, 2015 meeting, Department
staff further presented a two -phased project scope to the Economic and
Community Development Committee: the first phase included clarification
of "assisted living facilities" and adding flexible locational criteria; the
2 Amend KCC 15.02 and 15.04 -
Re: Elder Care
second phase included addressing broader issues about mixed use
requirements for multifamily developments and independent senior living
facilities in commercial zones. The Committee recommended approval of
this two -phased approach.
I. On October 26, 2015, the LUPE held a public hearing, during which
Department staff presented code amendment options, including new
locational criteria, to the LUPB. At the conclusion of the hearing, the LUPB
directed staff to analyze independent senior living facilities in the first
phase of the project, instead of delaying it until the second phase.
Furthermore, the LUPB Chair formed a subcommittee to tour a number of
elder care facilities to better understand the issues involved. Staff updated
the Economic and Community Development Committee on the project on
November 9, 2015.
J. On October 8, 2015, the City requested expedited review under
RCW 36.70A.106 from the Washington State Department of Commerce
regarding the City's proposed code amendments related to development
regulations applicable to elder care facilities. The Washington State
Department of Commerce granted the request for expedited review on
October 26, 2015. No comments were received from State agencies.
K. On October 15, 2015, the City conducted and completed
environmental review under the State Environmental Policy Act (SEPA).
L. On January 11, 2016, Department staff presented code amendment
options, including new definitions to more clearly distinguish different elder
care facility types to the LUPB, at a workshop meeting. The options
included locational criteria to achieve mixed use goals through proximity to
other uses, rather than requiring a mix of uses on site. After holding a
public hearing on January 25, 2016, the LUPB recommended modification
3 Amend KCC 15.02 and 15.04 -
Re: E/der Care
of the proposed code amendments, as presented by staff, to exclude
requirements to provide commercial components or nearby amenities.
M. The Economic and Community Development Committee considered
the recommendations of the LUPB at its regularly -scheduled meeting on
February 8, 2016, and recommended to the full City Council passage of the
proposed code amendments as recommended by staff with a modification
to the distance required for proximity to mix of uses.
N. At its regularly -scheduled meeting on February 16, 2016, the City
Council voted to adopt the amendments to portions of Chapters 15.02 and
15.04 of the Kent City Code, pertaining to assisted living facilities and
independent senior living facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION Y. -New Section. Chapter 15.02 of the Kent City code is
amended by adding a new section 15.02.203 to read as follows:
Sec. 15.02.203. Independent senior living facility. Independent
senior living facility means a multi -dwelling -unit facility that provides
housing, communal areas, and limited basic services (including a variety
of social and transportation services) to individuals 60 or more years of
age who choose to live in a congregate setting. These facilities consist of
individual dwelling units that contain separate bathroom facilities, and
which also may contain a full kitchen, partial kitchen, or no kitchen.
Communal areas include: a dining room in which at least one meal per day
is served; social and activity areas, laundry facilities; and open spaces.
This definition does not include senior housing that does not provide
4 Amend KCC 15.02 and 15.04 -
Re: Elder Care
meals, assisted living facilities, group homes, or residential facilities with
health care.
SECTION 2. -Amendment.
Code is amended as follows:
Section 15.02.026.1 of the Kent City
Sec. 15.02.026.1. Assisted living facility. Assisted living facility
means an establishment that has the express or implied purpose of
providing housing and basic services (such as laundry, housekeeping,
meals, and activities), and assuming general responsibility for the safety
and well-being of the residents, and that may also provide domiciliary
(home or personal) care,
to more than teri-,103
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, partial kitchen, or no kitchen. For
purposes of 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 a state -licensed residential facility
pursuant to Chapter 18.20 RCW, as amended, but not a group home or a
residential facility with health care.
SECTION 3. -Amendment.
Code is amended as follows:
Section 15.02.125 of the Kent City
Sec. 15.02.125. Dwelling, multiple -family. Multiple -family
dwelling means a residential bung designed for or occupied by three {-3-}
oI more fames, with the number of families in residence not exceeding
the number of dwelling units provided. This definition arsei,=e;ud
es
5 Amend KCC 15.02 and 15.04 -
Re: Elder Care
ot include independent senior living facilities.
SECTION 4. -Amendment. Section 15.02.335.3 of the Kent City
Code is amended as follows:
Sec. 15.02.335.3. Residential facility with health care.
Residential facility with health care means a medically staffed facility
intended for the long-term residential care of more than tern—(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
communities,; as defined min RCW 70.38.025, but does not include group
homes.
SECTION 5. -Amendment. Section 15.04.020 of the Kent City
Code is amended as follows:
15.04.020 Residential land uses.
6 Amend KCC 15.02 and 15.04 -
Re: Elder Care
7 Amend KCC 15.02 and 15.04 -
Re: E/der Care
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7 Amend KCC 15.02 and 15.04 -
Re: E/der Care
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8 Amend KCC 15.02 and 15.04 -
Re: Elder Care
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SECT,ZON 6. -Amendment. Section 15.04.030 of the Kent City
Code is amended as follows.
Sec. 15.04.030. Residential land use development
conditions.
1. Dwelling units, limited to not more than one 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
allowedI
are only permissible in t-i�ea mixed use
overlay; and must be�er� included within a mixed use development.
9 Amend KCC 15.02 and 15.04 -
Re: Elder Care
3I LReservedj7pMSSISLed living facilities, residential facilities with health
care, and independent senior living facilities, when not combined with
commercial or office uses, require a conditional use permit and are subject
to the requirements of KCC 15.09.045 for multifamily design review and
mixed use design review, as well as area -specific design review, such as in
Midway, Downtown and along the Meeker Street Corridor. These facilities
are also subject to the following conditions:
a. Must be located within a half mile of publicly -accessible
amenities in at least three of the following categories, as determined by
the economic and community development director. The distance shall be
measured as the shortest straight-line distance from the property line of
the proposed facility to the property line of the entities listed below:
i. Public park or trail, as identified in the City's most
recently -adopted Park and Open Space Plan or owned or maintained
by any agency of the state, or any political subdivision thereof;
rivate
ii. Preschool, elementary, or secondary school (public or
iii. Indoor recreational center (community center, senior
center, physical recreation facility, bingo or casino hall);
iv. Church, religious institution, or other place of worship;
v. Cultural arts center (theater, concert hall, artistic,
cultural, or other similar event center;
vi. Retail services, including, but not limited to: medical
services: food and beverage establishments: shopping centers; or
other commercial services that are relevant (reasonably useful or
germane] to the residents of the proposed facility, as determined by
the City's economic and community development director.
b. Alternatively, if the facility provides amenities in one or more
of the categories listed in 15.04.030(a) on the ground floor of the facility
itself, oriented towards the public (meaning that they are visible,
10 Amend KCC 15.02 and 15.04 -
Re: Elder Care
accessible and welcomingi, the number of other amenities to which a half -
mile proximity is required may be reduced, at the discretion of the City's
economic and community development director.
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 buildings for existing dwellings may be
constructed subject to the provisions of KCC 15.08.160.
7. Transitional housing facilities, limited to a maximum of 20 residents
at any one time, plus up to four resident staff.
8. Accessory structures composed of at least two walls and a roof, not
including accessory uses or structures customarily appurtenant to
agricultural uses, are subject to the provisions of KCC 15.08.160.
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 only on the same
lA with a principally permitted detached single-family dwelling unit, and
are subject to the provisions of KCC 15.08.160 and 15.08.350.
11 Amend KCC 15.02 and 15.04 -
Re: E/der Care
1OL . Customary incidental home occupations subject to the provisions of
KCC 15.08.040.
12. [Reserved].
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. [Reserved].
16. Recreational vehicle storage is permitted as an accessory use in
accordance with KCC 15.08.080.
17. Accommodations for farm operators and employees, but not
accommodations for transient labor.
18. Other accessory uses and buildings 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, NCC, CC, GC, DC, or DCE.
20. All multifamily townhouse developments in an MR -T zone shall be
recordUd as townhouses with ownership interest, as defined in KCC
15.02.525.1, prior to approval of a certificate of occupancy by the city.
12 Amend KCC 15.02 and 15.04 -
Re: E/der Care
2OL . [Reserved].
22. One duplex per lot is permitted.
23. Secure community transition facilities are only permitted within the
boundaries depicted on the following map, and only with a conditional use
permit:
24. 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 600400t separation from any other class II or III group
home. In no case shall a secure community transition facility be sited
adjacent to, 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
13 Amend KCC 15.02 and 15.04 -
Re: E/der Care
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 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 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 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 must be a new
manufactured home;
b. The designated manufactured home shall be set upon a
permanent foundation, as specified by the manufacturer, and the space
from the bottom of the home to the ground shall be enclosed by concrete
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;
14 Amend KCC 15,02 and 15,04 -
Re: E/der Care
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 for a 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 Subarea 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, 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;
Ds Adequate and clearly defined working space must constitute
no less than 50 percent of the gross floor area of the live -work unit. Said
working space shall be reserved for and regularly used by one or more
persons residing there;
c. At least one resident in each live -work unit shall maintain at
all times a valid city business license for a business on the premises;
15 Amend KCC 25.02 and 15.04 -
Re: Elder Care
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 for a 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 guidelines and development
standards do not apply to live -work units;
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.
For assisted living facilities, residential facilities with health care, and
Inde endent senior living facilities each residential care unit is considered
one dwelling unit for purposes of density calculations.
30. Conditional use when the number of residents exceeds 20 at any
one time or more than four resident staff.
SECTION 7. -Severability. If any one or more section, subsection,
or sentence of this ordinance is 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 8. -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
16 Amend KCC 15.02 and 15.04 -
Re: Elder Care
correction of clerical errors, ordinance, section, or subsection numbering,
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 9. -Effective Date. This ordinance shall take effect and
be in force 30 days from and after its passage, as provided by law.
ATTEST:
r
CITY
APPROVED AS TO FORM
M BRUBAKER, CITY ATTORNEY
PASSED: 74A \j , 2016.
APPROVED: day of ;L" a4 2016.
PUBLISHED: day of t ' , 2016.
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 hereo
�` RONALD
p:\civil\ordinance\15 02 and 15 04 elder care_2.9. 6.docx p
icated
CLERK
SEAL)
17 Amend KCC 15.02 and 15.04 -
Re: Elder Care