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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 SR SR SR MR M M M M M M NC CC DC DC MT MT MC CM CM GC Mi Mi M2 M3 P = 10 -1 -3 - -6 -S -D R- R- R- R- R- HP C E C- C- R -1 -2 -C Principally 4. Tl Ti G M H 1 2 Permitted 5 2 6 Uses S= Special Uses C= Condition ai Uses A= Accessory Uses One P P P P P P P P P P P P P P A A A A single- family 1 1 1 1 dwelling ) ) ) ) per lot P P P P One duplex 2 2 2 per lot 7 7 7 One P P P P P P P P P P P P modular home per lot P P P P P P P P P ( ( ( (2 Dupiexe 2 2 2 2) s 7 7 1 7 ) P P P P P P P P P P P P P P P ( 2 ( 2 ( 2 ( 1 ( 1 ( 2 ( 4 ( 2 Multifam 7 7 7 9 9 ) ) ) Ily ) ) ) townhou c se units 2 2 5 0 0 ) P P P P P P P P P P P P Multifam ( 2 ( 2 ( 2 ( 4 ( 2 ily 6 6 ) ) ) dwelling ) ) C s 5 Mobile P homes 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 M M M NC CC DC DC MT MT MC CM CM GC Mi Mi M2 M3 P = 10 -1 -3 - -6 -8 -D R- R- R- R- R- HP C E C- C- R -1 -2 -C� Principally 4. Tl Ti G M H 1 2 Permitted 5 2 6 Uses S= Special Uses C= Condition aI Uses A= Accessory Uses and manufac to red homes P P P P P P P Mobile (1 home 3) 1 1 1 1 1 parks 3 3 3 3 3 Group P P P P P P P P P P P P P P P P P C P P P P C homes class I-A Group P P P P P P P P P P C P P C C C homes class I-B Group C C C C C C C C C C C C C C C C homes class II- A Group C C C C C C C C C C C C C C C C homes class II- B Group C C C C C C C C C C C C C C C C homes class II- C C C C C C C C C C C Group homes 2 2 2 2 2 2 2 2 2 2 class III 3 ) 3 ) 3 ) 3 ) 3 ) 3 ) 3 ) 3 ) 3 ) 3 ) Secure commun ity transitio n facilities' 3. 24 Rebuild/ P P P P P P P P P P P P P P P accessor ( ( ( ( ( y uses 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 for ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) existing dwelling s TransitioFFMI I I I P P P P P P P P P P P 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 M M M M M M NC CC DC DC MT MT MC CM CM GC M1 M1 M2 M3 P = 10 -1 -3 - -6 -8 -D R- R- R- R- R- HP C E C- C- R -1 -2 -C Principally 4. Ti Ti G M H 1 2 Permitted 5 2 6 Uses S= Special Uses C= Condition aI Uses A= Accessory Uses nal housing 2 2 2 2 4 7 7 9 9 9 ) ) ) ) C C C 5 3 3 0 0 Rooming A A A A A A A A A A and boarding of not more than three persons Farm A A A worker 1 9 1 accomm 7 ) 7 odations ) ) Accessor A A A A A A A A A A A A A A A A A A A A A A A A A A A y uses ( ( ( ( ( (1 and 8 8 8 8 8 8) 1 1 1 1 1 structur ) ) ) ) ) 8 8 8 8 8 es ( ( ( ( ( ) ) ) ) ) customa 1 1 1 1 1 rily 8 8 8 8 8 appurte ) ) ) ) ) nant to a permitte d use A A A A A A A A A A A A A A Accessor ( ( ( ( ( ( (8 ( ( ( ( ( y 8 8 8 8 8 8 ) 8 8 8 8 8 8 8 dwelling ) ) ) ) ) ) (1 ) ) ) ) ) ) ) units ( ( ( ( ( ( 0) and 1 1 1 1 1 1 1 1 1 1 1 1 1 guest 0 0 0 0 0 0 0 0 0 0 0 0 0 cottages ) ) ) ) ) ) ) ) ) ) ) ) ) A A A A A A A A A A A A A A Accessor ( ( ( ( y living 1 1 1 1 1 1 1 1 1 1 1 1 1 1 quarters 4 ) 4 ) 4 ) 4 ) 4 ) 4 ) 4 ) 4 ) 4 ) 4 ) 4 ) 4 ) 4 ) 4 ) P Live- work Z units 8 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 Mi M1 M2 M3 P = 10 -1 -3 - -6 -8 -D R- R- R- R- R- HP C E C- C- R -1 -2 -C Principally 4. Ti Ti G M H 1 2 Permitted 5 2 6 Uses S= Special Uses C= Condition aI Uses A= Accessory Uses A A A A A A A A A A A A A A A A A A A A A A A A A A A A Home ( ( ( ( ( ( ( (1 ( ( ( ( ( ( ( ( ( ( occupati 1 1 1 1 1 1 1 1) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ons 1 ) 1 ) 1 ) 1 ) 1 ) 1 ) 1 ) 1 ) 1 ) 1 ) 1 ) 1 ) 1 ) 1 ) 1 ) 1 ) 1 ) 1 ) 1 ) 1 ) 1 ) 1 ) 1 ) 1 ) 1 ) 1 ) 1 ) Service A buildings Storage A A A A A A A A A A A A A of ( ( ( ( ( ( (1 recreatlo 1 1 1 1 1 1 6) 1 1 1 1 1 nal 6 6 6 6 6 6 6 6 6 6 6 vehicles ) ) ) ) ) ) ) ) ) ) ) Drive-in C C C C C C C C C C C C C C C C C C C C C C C C C C churches Emergen C C C C C C C C C C C C C C cy housing; 1) emergen - cy shelter C C C C C P P P P P P P P P C C P Assisted ( ( 9 ( ( 2 ( 4 ( living 9 9 facilities ) ) ) C ( 5 C C C C C P P P P P P P P P C C P Resident lal 2 2 2 2 4 2 facilities 9 9 9 ) ) ) with ) ) ) C health care 5 Designat P P P P P P P P P P P P P manufac 2 2 2 2 2 2 5) 2 2 2 2 2 2 tured 5 5 5 5 5 5 5 5 5 5 5 5 home ) ) ) ) ) ) ) ) ) ) ) ) 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