HomeMy WebLinkAbout4189AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 15.04
of the Kent City Code, entitled "District
Regulations," to add provisions for emergency
housing.
RECITALS
A. Cities throughout King County are experiencing an increasing
need for emergency housing facilities. In recent years, human service
providers have considered locating these types of facilities in downtown
Kent, but have encountered community opposition. This opposition has led
providers to request that the City expand the area of the city where these
facilities are allowed.
B. The City of Kent Comprehensive Plan acknowledges the
growing need for homeless services and contains policies to ensure that
people facing hardship have access to resources to help meet immediate
or basic needs. This plan also indicates that in seeking to help address the
challenges of Kent's homeless residents, the City will collaborate with
churches, employers, businesses, schools, and nonprofit agencies in the
community.
C. Staff presented information regarding emergency housing to
the Land Use and Planning Board ("LUPB") at a workshop meeting on
1 Amend KCC 15.04 -
Re: District Regulations
January 11, 2016, where the LUPE authorized staff to proceed to a
hearing.
D. On January 19, 2016, Y requested expedited review
under RCW 36.70A.106 from the Washington State Department of
Commerce regarding the City's proposed amendments. The Washington
State Department of Commerce granted the request for expedited review
on February 3, 2016. No comments were received from State agencies.
E. The City's State Environmental Policy Act (SEPA) Responsible
Official conducted an environmental analysis of the impacts of the
proposed amendments and issued a Determination of Nonsignificance on
January 20, 2016.
F. On January 25, 2016, after holding a public hearing, the LUPB
made its recommendations regarding the proposed code amendments to
the City Council.
G. 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
adoption of the proposed code amendments.
H. At its regularly scheduled meeting on February 16, 2016, the
City Council voted to adopt the amendments to portions of Chapter 15.04
of the Kent City Code, pertaining to emergency housing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
2 Amend KCC 15.04 -
Re: District Regu/ations
0
SECTION I. - Amendment. Section 15.04.020, entitled "Residential
laHd uses," is hereby amended as follows:
Sec. 15. 04.020 Residential land uses.
------------------- ------ -------
3 Amend KCC 15.04 -
Re: District Regu/ations
Zoning Districts
Key
A-
AG
SR
SR
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3 Amend KCC 15.04 -
Re: District Regu/ations
4 Amend KCC 15.04 -
Re: District Regu/ations
Zoning Districts
Key
A-
AG
SR
SR
SR
SR
SR
MR
M
M
M
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M
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4 Amend KCC 15.04 -
Re: District Regu/ations
5 Amend KCC 15.04 -
Re: District Regulations
Zoning Districts
Key
A-
AG
SR
SR
SR
SR
SR
MR
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M
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5 Amend KCC 15.04 -
Re: District Regulations
6 Amend KCC 15.04 -
Re: District Regu/ations
Zoning Districts
Key
A-
AG
SR
SR
SR
SR
SR
MR
M
M
M
M
M
M
NC
CC
DC
DC
MT
MT
MC
CM
CM
GC
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M3
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6 Amend KCC 15.04 -
Re: District Regu/ations
ECTI®IV 2. - Amendment. Section 15.04.030, entitled
"Residential land use development conditions," is hereby amended as
follows:
Sec. 15.04.030.
conditions.
Residential land use development
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
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 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.
7 Amend KCC 15.04
Re: District Regu/ations
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
lot 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. 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.
8 Amend KCC 15.04 -
Re: District Regu/ations
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
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. [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:
9 Amend KCC 15.04 -
Re: District Regu/ations
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 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
10 Amend KCC 15.04 -
Re: District Regu/ations
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;
manufactured home must be a new
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,
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.
11 Amend KCC 15.04 -
Re: District Regu/ations
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;
b. 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;
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;
12 Amend KCC 15.04 -
Re: District Regu/ations
e. Customer and client visits are allowed when the required
parking is provided;
f. No portion of alive - work unit may be separately rented or
sold as a commercial space fora person or persons not living on the
premisesI 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.
30. Conditional use when the number of residents exceeds 20 at any
one time or more than four resident staff.
31. Emergency housing is an allowed conditional use in the MR -D zone
only in conjunction with an approved conditional use permit, and subject to
the following additional conditions:
a. The emergency housing facility must be located on the same
lot as an actively -operating church or similar religious institution, and the
loL must be a minimum of two acres in 014C;x.
13 Amend KCC 15.04 -
Re; District Regulations
D, The emergency housing facility must be located within a
permanent, enclosed building:
c. The bung footprint %J the emergency housing facility
cannot exceed the building footprint of the church or similar religious
institution that exists on the same lot; and
d. The church or similar religious institution on the same lot as
the emergency housing facility shall be primarily liable for the operation
and maintenance of the facility itself, as well as the conduct of the
residents of the facility on and in the immediate vicinity of the lot, to the
maximum extent permitted by law, regardless of whether the organization
contracts with a third party for the provision of any services related to the
facility itself or its residents.
e. The emergency housing facility shall comply with the setbacks
and landscaping requirements for churches, as identified in 15.08.020.A.
SECTION 3. -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 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 30 days from and after its passage, as provided by law.
14 Amend KCC 15.04 -
Re: District Regulations
ATTEST:
RONALD MOQREI CITY CLERK
APPROVED AS TO FORM:
BRUBAKER, CITY ATTORNEY
PASSED: day or , 2016.
APPROVED: day of 2016.
PUBLISHED: 'day of �"t , 2016s
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\1� 04 emergency
EAL)
NALD F,:�MOORF, CITY"CLERK
15 Amend KCC 15.04 -
Re: District Regulations