HomeMy WebLinkAbout4225(Amending or Repealing Ordinances)
12/13/2016
Zoning - Supporting the update to the Multifamily Design Guidelines and
streamline design review
Amend KCC Chapter 15.02.125; 15.02.134; 15.04.020
Repeal KCC Section 15.02.272; 15.08.215
Adopting new Section 15.02.111.1
Amends 01 s. 3439; 3440; 3470; 3543; 3600; 3612; 3615;
3753; 3759; 3770; 3830; 4011; 4089; 4166; 4174; 4188; 4189
AN ®RI(VANCE of the city council of the
city of Kent, Washington, amending Title 15,
entitled "Zoning," to support the update to the
Multifamily Design Guidelines and streamline
design review.
A. The City of Kent adopted multifamily design review by
Ordinance 3014 in 1991 in response to population growth and increasing
multifamily development.
B. The Multifamily Design Review Handbook was created in
1994. Since that time, market forces and construction trends have
changed the multifamily development landscape, and updated design
guidelines are needed to respond to those changes. Staff proposed an
update to the multifamily design guidelines in the 2015 Docket, which was
approved by the City Council on October 20, 2015.
C. Development regulations must be consistent with and
implement the comprehensive plan as provided by RCW 36.70A.040(3).
The proposed multifamily design guidelines and associated code
amendments implement the comprehensive plan's goals and policies
supporting well designed places and buildings.
1 ,amend KCC 5ecti®ns -
IQe: Multifamily and Mixed Use Design
D. The proposed multifamily design guidelines aim to provide
more guidance and options for achieving good design. The proposed
update includes strong statements of intent, with flexibility for how
developers can meet the intent.
E, On July 25, 2016, Planning staff presented the Land Use and
Planning Board ("LUPB") with an overview of the need for updated
guidelines and associated code changes at a workshop meeting, and
received authorization to proceed with an amendment proposal.
F. On October 11, 2016, the City requested expedited review
under RCW 36.70A.106 from the Washington State Department of
Commerce regarding the City's proposed code amendments and updated
design guidelines. The 60 day period for comments lapsed with no
comments received by State agencies, and by operation of law is deemed
approved.
G. On October 12, 2016, the City conducted and completed
environmental review under the State Environmental Policy Act (SEPA).
The City's SEPA Responsible Official issued a Determination of
Nonsignificance for the code amendments and updated design guidelines.
H. On October 10, 2016, Planning staff briefed the Economic and
Community Development Committee on the proposed design guidelines
and associated code amendments. That same day, staff presented the
proposals to the LUPB at a regularly scheduled workshop meeting.
I. At its regularly scheduled public meeting on October 24,
2016, the LUPB held a public hearing regarding the proposed code
amendments and updated design guidelines. After considering the matter,
the LUPB voted to recommend approval of the proposed amendments to
the City Council.
2 Amend KCC Secti®ns -
Re: Multifamily and Mixed Use ®esign
J. On November 14, 2016, the ECDC considered the
recommendations of the LUPB at its regularly scheduled meeting, and
recommended to the full City Council adoption of the proposed code
amendments and updated guidelines.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
bt:Lo" N As -New Section. Chapter 15.02 of the Kent City Code,
entitled "Definitions," is hereby amended to add a new section
15.02.111.1, entitled "Downtown," to read as follows:
Sec. 15.02.111.1. Downtown. Downtown means the area
designated in the City of Kent Downtown Subarea Action Plan as the
"Downtown Study Area," as amended.
SECTIO/V 2. -Amendment. Section 15.02.125 of the Kent City
Code, entitled "Dwelling, multiple -family," is hereby amended as follows:
Sec. 15.02.125 Dwelling, multi�Fe-family. Multiple -family
dwelling means a residential building designed for or occupied by three or
more families, with the number of families in residence not exceeding the
number of dwelling units provided. This definition does not include
independent senior living facilities assisted living facilities; detached
3 Amend KCC Sections e
Re: Multifamily and Mixed Use ®esign
SECTION 3. - Amendment. Section 15.02.134 of the Kent City
Code, entitled "Facade modulation," is hereby amended as follows:
Sec. 15.02.134 Facade modulation. Facade modulation means
a horizontal stepping back or projecting forward of portions of a building
facade.
SECTION 4. - Repealer. Section 15.08.215 of the Kent City Code,
"
entitled Multifamily transition areas," is hereby repealed in its entirety.
III
SECTION 5, -Repealer. Section 15.02.272 of the Kent City Code,
entitled li
Multifamily transition area," is hereby repealed in its entirety.
SECTION 6. -Amendment. Section 15.04.020 of the Kent City
Code, entitled "Residential
land uses," is hereby amended as follows:
Sec. 15.04.020 Residential land uses.
q. Amend KCC Sections -
Re: Multifamily and Mixed Use Design
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SECTION 4. - Repealer. Section 15.08.215 of the Kent City Code,
"
entitled Multifamily transition areas," is hereby repealed in its entirety.
III
SECTION 5, -Repealer. Section 15.02.272 of the Kent City Code,
entitled li
Multifamily transition area," is hereby repealed in its entirety.
SECTION 6. -Amendment. Section 15.04.020 of the Kent City
Code, entitled "Residential
land uses," is hereby amended as follows:
Sec. 15.04.020 Residential land uses.
q. Amend KCC Sections -
Re: Multifamily and Mixed Use Design
5 Amend KCC Sections
Re: Multifamily and Mixed Use Design
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5 Amend KCC Sections
Re: Multifamily and Mixed Use Design
6 Amend KCC Sections
Re: Multifamily and Mixed Use ®esign
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6 Amend KCC Sections
Re: Multifamily and Mixed Use ®esign
7 Amend KCC Sections
Re: Multifamily and Mixed Use Design
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7 Amend KCC Sections
Re: Multifamily and Mixed Use Design
g Amend KCC Sections
Re: Multifamily and Mixed Use Des0
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SECTION 7. -Amendment. Section 15.04.030 of the Kent City
Code, entitled "Residential land use development conditions," is hereby
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 allowed, are only permissible in a mixed use overlay and must be
included within a mixed use development.
3. Assisted 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
g Amend KCC Sections -
Re; Multifamily and Mixed Use Design
Zoning
Districts
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SECTION 7. -Amendment. Section 15.04.030 of the Kent City
Code, entitled "Residential land use development conditions," is hereby
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 allowed, are only permissible in a mixed use overlay and must be
included within a mixed use development.
3. Assisted 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
g Amend KCC Sections -
Re; Multifamily and Mixed Use Design
to the
bjeet te 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;
(public or private);
ii. Preschool, elementary, or secondary school
iii. Indoor recreational center (community center,
senior center, physical recreation facility, bingo or casino hall);
worship;
iv. Church, religious institution, or other place of
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
10 �Imend KCC Sections -
12e: Multifamily and Mixed Use Design
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 subsection (3)(a) of this section on the
ground floor of the facility itself, oriented towards the public (meaning that
they are visible, accessible and welcoming), 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.
11 Amend KCC Sections -
Re; Multifamily and Mixed Use Design
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.
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.
12 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
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:
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
13 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
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-ide nature.
w
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;
d. The designated manufactured home shall be thermally
equivalent to the State Energy Code; and
14 ,4mend KCC Sections -
lte: Multifamily and Mixed Use Design
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;
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;
15 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
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 tk
e.
premises, or as a residential space for a person or persons not working on
the premises;
'�'� I�►t�[.[l�F���l
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 independent 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.
16 Amend KCC Sections -
Re; Multifamily and Mixed Use Design
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 lot must be a minimum of two acres in size,
b. The emergency housing facility must be located within
a permanent, enclosed building;
c. The building footprint of the emergency housing facility
cannot exceed the building footprint of the church or similar religious
institution that exists on the same lot;
dI 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; and
e. The emergency housing facility shall comply with the
setbacks and landscaping requirements for churches, as identified in NUC
15.08.020(A).
SECTION 8. -Amendment. Section 15.04.170 of the Kent City
Code, entitled "Agricultural and residential zone development standards,"
is hereby amended as follows:
17 Amend KCC Sections
Re: Multifamily and Mixed Use Design
ig Amend KCC Sections -
Re: Multifamily and Mixed Use Design
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50
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60
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6
6
5
5
5
4
2
8
2
80
80
2
80
80 ft
25
80
80
25
80
80
25
80 ft
80 ft
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0
0
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5
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ft
5
ft
ft
ft
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ft
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lot width:
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
feet (4)
(3
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7)
7)
7)
ig Amend KCC Sections -
Re: Multifamily and Mixed Use Design
19 Amend KCC sections -
Re: Multifamily and Mixed Use Design
Zoning
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Minimum
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1
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1-2
1
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1-20
10
10
1-2
10
10
1-2
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1-20 ft
0
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0
0
0
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0
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ft
ft
ft
ft
0
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0
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(6)
ft
ft
ft
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ft
ft
(6
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8
8
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(11)
5
5
ft
ft
ft
ft
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ft
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1)
ft
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ft
1)
ft
ft
1)
ft
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ft
ft
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15
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10
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15
10
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15
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10 ft
15 ft
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0
0
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ft
ft
0
ft
ft
ft
ft
ft
ft
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ft
(9)
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5
8
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5
8 ft
20 ft
Rear yard
0
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0
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ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
19 Amend KCC sections -
Re: Multifamily and Mixed Use Design
20
Zoning
Districts
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35 ft
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30
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30
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3
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ft
ft
3
ft
30
35
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30
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ft
30
y
0
ft
ft
ft
ft
ft
in
/
5
5
5
5
0
0
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0
stories/not
3
ft
ft
ft
ft
ft
ft
ft
ft
ft
to exceed
5
in feet
ft
(
1
6
4
4
5
6
7
7
7
7
7
70
70
7
70
70%
75
70
75
70
75
70%
0
0
0
0
0
5
5
0
5
%%
5
%
(19)
%%
%%
%
(19)
Maximum
impervious
%
%
%
%
%
%
%
%
%
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%
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surface:
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9)
9)
9)
percent of
(
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3)
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9)
9)
9)
total parcel
1
area
9
Zero lot
The provisions in KCC 15.08.300, 15.08.310, 15.08.320, and 15.08.330 shall apply.
line and
clustering
(24)
Signs
The sign regulations of Chapter 15.06 KCC shall apply.
Amend KCC Sections
Fte: Multifamily and Mixed Use Design
SECTION 9. -Amendment. Section 15 04,180
Zoning
Districts
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Off-street
The off-street
parking
requirements of Chapter 15.05
KCC shall
apply.
parking
Landscapin
The
landscaping requirements
of Chapter
15.07 KCC shall
apply.
9
{ )
f 2=9
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PluMfamily
transition
area
f
4
4
-1
4
-(26)(34)(40)
25 (26)L25
(26)
25
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2
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34 40
Multifamily
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Additional
standards
for specific uses are
contained in
Chapters
15.08 and 15.09 KCC.
(
(3
(3
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(3
(3
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(3
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(2
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6)
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6)
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of the Kent City
Code, entitled "Agricultural and residential land use development standard
conditions," is hereby amended as follows:
21 Amend KCC Sections
Re: Multifamily and Mixed Use Design
Sec. - U
evelopment standard conditions.
1. Minimum lot area is 8,500 square feet for the first two
dwelling units, and 2,500 square feet for each additional dwelling unit.
2. Minimum lot area is 8,500 square feet for the first two
dwelling units, and 1,600 square feet for each additional dwelling unit.
3. Minimum lot area is 8,500 square feet for the first two
dwelling units, and g00 square feet for each additional dwelling unit.
4. To determine minimum lot width for irregular lots, a circle of
applicable diameter (the minimum lot width permitted) shall be scaled
within the proposed boundaries of the lot, provided, that an access
easement to another lot is not included within the circle.
5 Interior yards shall not be computed as part of the site
coverage.
6. Porches and private shared courtyard features may be built
within the front building setback line.
7 For properties abutting on West Valley Highway, the frontage
on West Valley Highway shall be considered the front yard.
8. Proposed front yards less than 20 feet in depth are subject to
approval by the planning manager, based on review and recommendation
from the public works department relative to the existing and future traffic
volumes and right-of-way requirements as specified in the city
comprehensive transportation plan and city construction standards.
22 Amend KCC Sections -
Re; Multifamily and Mixed Use Design
g. At least 20 linear feet of driveway shall be provided between
any garage, carport, or other primary parking area and the street property
line with the exception of an alley property line.
10. An aggregate side yard of 30 feet shall be provided. A
minimum of 10 feet shall be provided for each side yard. On a corner lot
the side yard setback shall be a minimum of 20 feet from the property line.
11. Each side yard shall be a minimum of 10 percent of the lot
width; however, regardless of lot width, the yard width need not be more
than 30 feet. For multifamily townhouse developments that attach three
units or less, in the MRT-12 or MRT-16 zoning districts the aggregate yard
width need not be more than 30 feet, but in no case shall a yard be less
than 10 feet.
12. Structures for feeding, housing, and care of animals, except
household pets, shall be set back 50 feet from any property line.
13. Additional setbacks for the agriculture general AG zoning
district.
a, Structures for feeding, housing, and care of animals
shall be set back 50 feet from any property line.
b. Transitional conditions shall exist when an AG district
adjoins a residential district containing a density of two 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
23 A
mend KCC Sections -
Re: Multifamily and Mixed Use Design
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 50 feet shall be provided.
c. Setbacks, Green River. Industrial development in the
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 200 feet. Such setbacks are in
accordance with the city comprehensive plan and in accordance with the
high quality of site development typically required for the industrial park
areas of the city and in accordance with the State Shoreline Management
Act of 1971, and shall be no more or less restrictive than the Shoreline
Management Act.
14. An inner court providing access to a double -row building shall
be a minimum of 20 feet.
15. The distance between principal buildings shall be at least one-
half the sum of the height of both buildings; provided, however, that in no
case shall the distance be less than 12 feet. This requirement shall also
apply to portions of the same building separated from each other by a
court or other open space.
16. The height limitations shall not apply to barns and silos;
provideJ,
that they are not located within 50 feet of any lot line.
17. Beyond this height, to a height not greater than either four
stories or 60 feet, there shall be added one additional foot of yard for each
additional foot of building height.
2c} Amend KCC Sections o
Re: Multifamily and Mixed Use Design
18. The planning manager shall be authorized to approve a height
greater than four stories or 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 manager may impose such conditions,
within a reasonable amount of time, as may be necessary to reduce any
incompatibilities with surrounding uses.
19. Except for lots used for agricultural practices, the maximum
impervious surface area allowed shall be 10,000 square feet when the lot
is greater than one acre.
20. The following uses are prohibited:
a. The removal of topsoil for any purpose.
b. Grade and fill operations; provided, that limited grade
and fill may be approved as needed to construct permitted buildings or
structures.
c. All subsurface activities, including excavation for
underground utilities, pipelines, or other underground installations, that
cause permanent disruption of the surface of the land. Temporarily
disrupted soil surfaces shall be restored in a manner consistent with
agricultural uses.
d. Dumping or storage of nonagricultural solid or liquid
waste, or of trash, rubbish, or noxious materials.
e. Activities that violate sound agricultural soil and water
conservation management practices.
25 Amend KCC Sections -
Re: Mu/tifami/y and Mixed Use Design
21. Outdoor storage for industrial uses shall be located at the rear
of a principally permitted structure and shall be completely fenced.
22. Mobile home park combining district, MHP. The standards and
procedures of the city mobile home park code shall apply. General
requirements and standards for mobile home park design, KCC 12.04.055;
mobile home parks, Chapter 12.05 KCC.
23. Except for lots used for agricultural practices, the maximum
impervious surface area allowed shall be 10,000 square feet.
24. Minimum lot width, building setbacks, and minimum lot size
regulations may be modified consistent with provisions for zero lot line and
clustering housing development.
25.
i
th
26. The requirements of KCC 15.09.045. for multifamily design
review shall apply to any multifamily dwelling or transitional housing of
three or more units including tript
to
26 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
to KCC 15 09.046(C).
27. Minimum lot area is 8,500 square feet for the first two
dwelling units, and 3,500 square feet for each additional dwelling unit.
28. The following zoning is required to be in existence on the
entire property to be rezoned at the time of application of a rezone to an
MR -T zone: SR -81 MR -D, MR -G, MR -M, MR -H, NCC, CC, GC, DC, or DCE.
29. All multifamily townhouse developments in the MR -T zone
shall be townhouses with ownership interest only.
30. As an option to the five-foot side yard requirement for single-
family development in all multifamily zoning districts as set forth in KCC
15.04.170, a side yard width of no less than three feet may be utilized
under the following conditions:
a. Fire hydrants for the development, as required by the
fire code set forth in KCC Title 13, will be placed a maximum of 300 feet in
separation;
b. The required fire hydrants shall have a minimum fire
flow of 1,500 gallons per minute; and
c. Emergency vehicle access roads shall be provided to
the development, which includes an improved road accessible within 150
feet of all portions of the exterior first floor of the structure.
27 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
This option is subject to the approval of the Washington State Building
Council. Application of this option shall be effective upon receipt by the city
of Kent of such approval.
31. Where lands are located wholly or partially within the urban
separator, as designated on the City of Kent Comprehensive Land Use Plan
Map, dwelling units shall be required to be clustered, subject to the
provisions of Chapter 12.04 KCC, entitled "'Subdivisions, Binding Site Plans,
and Lot Line Adjustments." The density in a cluster subdivision shall be no
greater than the density that would be allowed on the parcel as a whole,
including all critical areas (creeks, wetlands, geological hazard areas), and
buffers, using the maximum density provisions of the zoning district in
which it is located.
The common open space in a cluster subdivision shall be a minimum of 50
percent of the nonconstrained area of the parcel. The nonconstrained area
of the parcel includes all areas of the parcel, minus critical areas, as
defined in RCW 36.70A.030(5) as currently and hereinafter amended, and
buffers. The remainder of the nonconstrained area of the parcel shall be
the buildable area of the parcel. The common open space tracts created by
clustering shall be located and configured in the manner that best connects
and increases protective buffers for environmentally sensitive areas,
connects and protects area wildlife habitat, creates connectivity between
the open space provided by the clustering and other adjacent open spaces
as well as existing or planned public parks and trails, and maintains scenic
vistas. Critical areas and buffers shall not be used in determining lot size
and common open space requirements in a cluster subdivision. All natural
features (such as streams and their buffers, significant stands of trees, and
rock outcroppings), as well as sensitive areas (such as steep slopes and
wetlands and their buffers), shall be preserved as open space in a cluster
subdivision.
28 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
Future development of the common open space shall be prohibited. Except
as specified on recorded documents creating the common open space, all
common open space resulting from lot clustering shall not be altered or
disturbed in a manner that degrades adjacent environmentally sensitive
areas, rural areas, agricultural areas, or resource lands, impairs scenic
vistas and the connectivity between the open space provided by the
clustered development and adjacent open spaces; degrades wildlife
habitat; and impairs the recreational benefits enjoyed by the residents of
the development. Such common open spaces may be retained under
ownership by the owner or subdivider, conveyed to residents of the
development, conveyed to a homeowners' association for the benefit of the
residents of the development, conveyed to the city with the city's consent
and approval or to another party upon approval of the city of Kent.
The minimum lot size of individual tots within a clustered subdivision is
2,500 square feet, and the minimum lot width is 30 feet. In the event that
common open space prohibits development of one single-family residence
on the parcel, the common open space will be reduced by the amount
necessary to meet the minimum 2,500-square400t lot size. New lots
created by any subdivision action shall be clustered in groups not
exceeding eight units. There may be more than one cluster per project.
Separation between cluster groups shall be a minimum of 120 feet. Sight -
obscuring fences are not permitted along cluster lot lines adjacent to the
open space area.
32. For multifamily townhouse developments that attach three
units, the minimum building to building separation shall be 10 feet. For
duplex and single-family condominium townhouse developments, the
minimum building to building separation shall be established through the
29 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
International Building Code (IBC) or International Residential Code (IRC),
as may be applicable.
33. Where lands are located wholly outside the urban separator,
as designated on the City of Kent Comprehensive Land Use Plan Map,
dwelling units may be clustered, subject to the applicable provisions of
Chapter 12.04 KCC.
34. The downtown design review requirements of KCC 15.09.046
shall apply for all develo ment wirnin vUwi ILUVVI
� Atn A%i, �„o cnI li-h fr) Kent -Des Moines Road.
35. Minimum lot area requirements do not apply to multifamily
development in the Kent downtown planning area identified in KCC
15.09.046.
36. Cargo containers proposed to be located in a residential zone
must be located completely within a stick -built structure with a peaked
roof and building materials similar to that of the principal residence on the
site. No containers greater than 10 feet by 20 feet may be placed in
residential districts. This restriction does not apply to containers collecting
debris or accepting household goods for moving that are located on
residential property for less than 72 hours. Additionally, institutional uses
are exempt from these requirements except when a shipping container is
proposed to be located adjacent to or within sight of a residential use.
37. For subdivisions and short subdivisions created after March
221 2007, or altered to comply with zoning and subdivision code
amendments effective after March 22, 2007, the minimum lot size shall be
3,000 square feet. Minimum lot width shall be measured by scaling a 30 -
foot -diameter circle within the boundaries of the lot; provided, that
30 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
easement areas may not be included in the required 30 -1001. -diameter
circle. The lot frontage along private or public streets shall be a minimum
20 feet in width. Minimum driveway separation shall be 10 feet. Shared
driveways are permitted.
38. Subdivisions and short subdivisions created on or before
March 22, 2007, may have minimum five-foot side yards. Fifty percent of
the lots within subdivisions and short subdivisions created after March 22,
2007, or altered to comply with zoning and subdivision code amendments
effective after March 22, 2007, may have minimum five-foot side yards
when special life safety measures are provided. The sum total of both side
yards for the remaining 50 percent of the lots shall be a minimum 16 feet;
any individual side yard less than eight feet may require special life safety
measures.
39. The residential design review standards of KCC 15.09.045(C)
shall apply to subdivisions and short subdivisions created after March 22,
2007, or altered to comply with zoning and subdivision code amendments
effective after March 22, 2007.
40. Duplexes are subject to the residential design review
standards of KCC 15.09.045(C), except when located within Downtown or
along Meeker Street from 64th Avenue South to Kent -Des Moines Road
where they are subject to downtown design review pursuant to KCC
15.09.046.
SECTI®N 10, -Amendment. Section 15.04.190 of the Kent City
Code, entitled `Commercial and industrial zone development standards," is
hereby amended as follows:
31 Amend KCC Sections
Re: Multifamily and Mixed Use Design
32 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
Zoning
Districts
U
U
U
W
U
V4 fV
U
U
U
rl
N
C7
U
Q
Z
U
®
®
U
U
Minimu
10,
10,000
510
510
71500
71500
71500
10,
1010
10,000 sq
1
10,
20,
15,
1
m lot
000
sq ft
00
00
sq ft
sq ft
sq ft
000
00
ft
ac
000
000
000
ac
area:
sq ft
sq
sq
sq ft
sq ft
(66)
re
sq ft
sq ft
sq ft
re
square
ft
ft
feet or
(1)
(66
acres, as
(66
)
noted
)
Maximu
40
40%
100
100
80%
100%
80%
50
50%
40%
60
60
65
75
60
m site
%
%
%
%
%
%
%
%
%
coverage
percent
of site
Minimu
m yard
requirem
ents:
feet
Front
10
15 ft
(2)
(3)
20 ft
(68)
20 ft
15
15 ft
20 ft
(5
(5)
(6)
(7)
(5
yard
ft
ft
)
)
Side
(8)
(9)
(2)
(3)
(68)
(68)
(68)
(10)
(10)
(10)
(1
(12)
(13)
(14)
(1
yard
(10)
(10)
(10)
2)
2)
41ie
Ti:�e
T4ie
(1
(17)
(17)
(18)
(1
{4idw
ilidwa
Pq*dwa
7)
7)
Side
y
y
y
yard on
DeS}g
DeS49
Desi}
flanking
-n
ii
o
street of
Guide!
Guadel
Vie}
corner
+aes
ifies
a
lot
S}i
shraii
s-baii
afly
alapty
fir
Rear
(8)
20 ft
(2)
(3)
(68)
(68)
(68)
(19)
(19)
(19)
(2
(20)
(21)
(21)
(0,
yard
(19)
(19)
(19)
(2)
0)
Yards,
(2
(23)
(24)
(25)
(2
transitio
3)
3)
nal
condition
s
Addition
(2
(29)
(2
al
9)
9)
setbacks
32 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
33 Amend KCC Sections
Re: Multifamily and Mixed Use Design
Zoning Districts
U U
Z U
U
®
W
®
U U wl N U "I Ui N fn
F- I® (7 f
C7
Q
U U
Height
2 3 stry/
4
(32
5 16 16 2 2 2 stry/ 35 2 2 2 2
2
limitatio
stry 40 ft
str
)
stry/5 stry/2 stry/2 stry stry ft str stry stry stry
str
n: in
/ 35 (30)
y/
5 ft 00 ft 00 ft /35 /35 (30) y/ / 35 /35 /35
y/
stories/n
ft
60
(69) (70) (70) ft ft 35 ft ft ft
35
of to
ft
(70) (30) (30) ft (35) (35) (37)
ft
exceed
{
(3
(3
in feet
5)
5)
Landsca
The landscaping requirements of Chapter 15.07 KCC shall apply.
ping
(5
(52)
(5
2)
2)
Outdoor
(39)
(39)
(40)
(40)
(40)
(4
(43)
(44)
(45)
(4
storage
(41)
(41)
3)
(51)
3)
The sign regulations of Chapter 15.06 KCC shall apply.
Signs
(60)
Vehicle
(46)
(46)
(46
(46)
(46)
(46)
(46)
drive-
)
through,
drive-in,
and
service
bays
(4
(47)
(47)
(47)
(4
Loading
7)
(48)
(49)
(51)
7)
areas
(4
(4
8)
8)
Off-
The off-street parking requirements of Chapter 15.05 KCC shall apply.
street
parking
(57)
(57)
(57)
(57)
(5
(58)
(58)
(57)
(5
8)
8)
Design
(4 )(11
31
31
71)
L711
IZ11M
J4)1
(4)(11)(1
Review
15
)
72
5 72
(50)
{
{-3#
(50)
(50)
(50)
(50)
(50)
{3I)
(5
(50)
(50)
(50)
(5
(56)
(50)
k3-}
(56)
(56)
(56)
(56)
(56)
{3r.)
0)
(53)
(54)
(54)
0)
(62)
(56)
(50
1
{_7�
{74)
(50)
(5
(54)
(55)
(55)
(5
Addition
(63)
)
(50
(56)
3)
(55)
(56)
(56)
3)
al
(64)
(56
)
V21)
(5
(56)
(5
standard
(65)
)
(56
4)
4)
s
)
(5
(5
(67
5)
5)
(5
(5
6)
1
6)
33 Amend KCC Sections
Re: Multifamily and Mixed Use Design
SECTXON 11. - Amendment. Section 15.04.195 of the Kent City
A
Code, entitled "Commercial and industrial land use development standar
conditions," is hereby amended as follows:
Sec. 15.04.195 Commercial and industrial land use
ions
development standard condit.
1. Minimum lot of record or 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 20400t setback may be required for any yard
abutting a residential district. See the downtown design review criteria
outlined in KCC 15.09.046.
4.
th
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 20 feet.
34 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
b. Properties fronting on local access streets shall have a
minimum setback of 20 feet.
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 40 feet.
b. Properties fronting on local access streets shall have a
minimum setback of 30 feet.
7. The front yard shall be 10 percent of the lot depth. Regardless
of lot size, the yard depth need not be more than 35 feet.
8. No side or rear yard is required, except when abutting a
district other than NCC, in which case the yard shall be not less than five
feet in width; provided, however, that if the abutting district or use is
residential, then the yard shall be 10 feet in width and fully landscaped.
g. No side yard is required, except when abutting a more
restrictive district, in which case the side yard shall be not less than 20
feet in width.
10. No side yard is required, except when abutting a residential
district, in which case the side yard shall be not less than 20 feet in width.
35 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
rn
11.
. :ro
12. The side yards shall have an aggregate width of 10 percent of
the lot width, but the aggregate width need not be more than 40 feet.
There shall be a minimum of 15 feet on each side.
13. The side yards shall have an aggregate width of 10 percent of
the lot width, but the aggregate width need not be more than 30 feet.
There shall be a minimum of 10 feet on each side.
14. The side yards shall have an aggregate width of 10 percent of
the lot width, but the aggregate width need not be more than 25 feet.
There shall be a minimum of 10 feet on each side.
15.
development standards..
16. [Reserved].
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 40 feet.
36 Amend KCC Sections
Re: Multifamily and Mixed Use Design
b. Properties fronting on local access streets shall have a
minimum setback of 30 feet.
18. The side yard on the flanking street of a corner lot shall be at
least 10 percent of the lot width, unless the 10 percent figure would result
in a side yard of greater than 20 feet, in which case the side yard need not
be more than 20 feet.
19. No rear yard is required, except when abutting a residential
district, in which case the rear yard shall be not less than 20 feet in width.
20. No rear yard is required, except as may be required by other
setback provisions of this section.
21. No rear yard is required, except as may be required by
transitional conditions.
22. [Reserved].
23. Transitional conditions shall exist when an industrial park M1
or M1 -C district and AG district adjoin a residential district containing a
density of two 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 conditions exist as defined in this subsection, a yard of not less
than 50 feet shall be provided.
g� Amend KCC Sections -
Re: Multifamily and Mixed Use Design
24. Transitional conditions shall exist when an M2 district adjoins
a residential district containing a density of two dwelling units or more per
acre or a proposed residential area indicated on the city comprehensive
pIan, 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 50 feet shall be provided.
25. Transonal conditions shall exist when an M3 district adjoins
a residential district containing a density of two dwelling units or more per
acre or a proposed residential area indicated on the city comprehensive
pIan, 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 50 feet shall be provided.
26. [Reserved].
27. [Reserved].
28. [Reserved].
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 200 feet. Such setbacks are in accordance with
gg Amend KCC Sections -
Re; Multifamily and Mixed Use ®esign
the state Shoreline Management Act of 1971, and shall be no more or less
restrictive than the Shoreline Management Act.
30. The economic and community development director shall be
authorized to grant one additional story in height, if during development
pIan review it is found that this additional story would not detract from the
continuity of the area. More than one additional story may be granted by
the land use and planning board.
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 35 feet. See also the downtown design
review criteria outlined in KCC 15.09.046.
33. [Reserved].
34. [Reserved].
35. Beyond this height, to a height not greater than either four
stories or 60 feet, there shall be added one additional foot of yard for each
one foot of additional building height. The economic and community
development director shall be authorized to approve one 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.
39 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
wZ
M-EWAKILINi
Mm 129 =VM" MINMWOrm M MM".% 2MVE CWZ WMM W� M M I I I MIA
5.09.046 shall app i y fer a" uses in the GG, GG MY and GG MY distFiets
Des.
leines•- -rReservedl.
37. The height limitation is two stories or 35 feet. Beyond this
height, to a height not greater than either four stories or 60 feet, there
shall be added one additional foot of yard for each two feet of additional
building height. The economic and community development director shall
be authorized to approve one 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. [Reserved].
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. [Reserved].
40 Amend KCC Sections -
Re: Multifami/y and Mixed Use Design
43. Outside storage or operations yards in the M1 or ML -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 building or the rear two-thirds of 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 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 dock -high loading areas from public
rights-of-way. Berms shall be a minimum of 36 inches and a maximum of
41 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
42 inches in height. Landscaping located on the berm shall conform to type
III landscaping as described in KCC 15.07.050.
49. 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 30 inches in height.
Landscaping located on the berm shall conform to type III landscaping
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 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 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 10 feet in height
and deciduous trees shall be a minimum of two-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 are imposed pursuant to the approval of a conditional use
permit. The economic and community development director shall be
42 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
authorized to determine the reasonable application of this provision in
cases of operational hardship or other showing of uncommon
circumstances.
54. Multitenant buildings 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 economic and
community development 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. [Reserved].
60. Signage on commercial uses in the M1 -C zone shall be as
specified in KCC 15.06.050(6). Signage on industrial uses in the M1 -C
zone shall be as specified in KCC 15.06.050(H).
61. [Reserved].
43 Amend KCC Sections
Re: Multifamily and Mixed Use Design
U 2. 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 to the building.
64. Screening by either an enclosure and/or evergreen
landscaping shall be provided for mechanical equipment, service doors,
and garbage areas. Rooftop equipment shall be enclosed with a parapet or
similar design 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 KCC
15.09.046.
67. Within the downtown commercial enterprise - transitional
overlay (DCE-T), downtown design review guidelines regarding balconies
and/or upper floor setbacks (sections III.B and III.C) are required
elements, not 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.
44 Amend KCC Sections -
Re: Multifami/y and Mixed Use Design
69. The height limitation of new construction in MTC -1 zoning
district abutting a residential district shall be 35 feet in height within 20
feet from the residential district and 45 feet in height within 40 feet from
the residential district.
70. New construction shall conform to applicable Federal Aviation
Administration regulations, including 14 C.F.R. Part 77, as presently
constituted or as may be subsequently amended.
71. The transit -oriented community design review requirements
of KCC 15.09.045�G� shall apply.
72. Transitional housing with three or more families outside of
Downtown is su sect to multifamily sdesign review
as provided in KCC 15.09.045(D).
SECTION 12. -Amendment. Section 15.04.200 of the Kent City
Code, entitled `Mixed use overlay development standards," is hereby
amended as follows.
Sec. 15.04.200 Mixed use overlay development standards.
45 Amend KCC Sections
Re: Multifamily and Mixed Use Design
Overlay Districts
GGMU
cc -MU
Floor
Not applicable
0.40 for commercial uses.
0.50 for commercial uses combined with
area
ratio
residential uses; provided, that commercial
floor area may be increased by one square
foot for each square foot of residential floor
area provided up to a maximum
commercial FAR of 0.5.
1.0 for residential uses; provided, that
residential FAR may be increased by 0.5 if
parking is provided below grade, up to a
maximum of 1.5.
45 Amend KCC Sections
Re: Multifamily and Mixed Use Design
Overlay Districts
GC-MU CC-MU
Site 40 percent for commercial uses. 40 percent for commercial uses.
coverage 60 percent for commercial uses with 60 percent for commercial uses with
residential uses; provided, that five percent of residential uses; provided, that 25 percent
the gross floor area is commercial use, except of the gross floor area is residential use.
within the downtown area (as defined in KCC
15.09.046), where 25 percent of the gross
floor area must be commercial use.
Height 65 feet. 25 feet; provided, that basic heights may
be increased up to the maximum height of
40 feet. (1)
Front Zero feet; provided, that some setback may Zero feet; provided, that some setback
yard be required in the front yard to accommodate may be required in the front yard to
a sidewalk which shall be at least 10 feet in accommodate a sidewalk which shall be at
width. least 10 feet in width.
Rear and Zero feet; provided, that setbacks of at least Zero feet; provided, that setbacks of at
side 20 feet will be required in any rear or side least 20 feet will be required in any rear or
yard yards that are adjacent to a residential zoning side yards that are adjacent to a residential
district. zoning district.
Off- The off-street parking requirements of Retail/office uses: four spaces per 1,000
street Chapter 15.05 KCC shall apply. square feet of floor area. (2)
parking Residential uses. (3)
Design Design review requirements of KCC Design review requirements of KCC
review 15.09.045(F9) shall apply for all mixed use 15.09.045(F) shall apply for all mixed use
development in GC-MU zones except for the development in CC-MU zones except for
following: the following:
a Developments along Meeker Street a Developments along Meeker
from 64th Avenue South to Kent-Des Street from 641h Avenue South to
Moines Road and in Downtown are Kent-Des Moines Road and in
subiect to downtown design review Downtown are subject to
reauirements of KCC 15 09.046. downtown design review
a7ba Independent senior living facilities, requirements of KCC 15.09.046.
assisted living facilitiesx residential ti-, b. Independent senior living
facilities with healthcare or facilities assisted living facilities,
transitional housing of three or more residential facilities with
families located outside of Downtown healthcare or transitional housing
and Meeker Street from 64t1 Avenue of three or more families located
South to Kent-Des Moines Road are outside of Downtown and Meeker
subiect to multifamily design review Street from 64th Avenue South to
as provided for in KCC Kent-Des Moines Road are subiect
15.09.045(13)tto multifamily design review as
shall apply, iFieludiRg-a-NAea4&n-Of provided for in KCC 15.09.045(D).
e and
F� IL'F '1 .+r: 'i
IsI()gIe45ff)) and (F) and 15.99.046 FAult*family, Fnixed use and
G8FFidOF fFem 64th Avenue Seuth-te 15,09,946 fer all uses in the Gf"
Read.
46 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
SECT.i UIV 13. - Amendment. Section 15.08.400 of the Kent City
Code, entitled "Planned unit development, PUD," is hereby amended as
follows:
Sec. 15. 08.400 Planned unit development, PUD. The intent of
the PUD is to create a process to promote diversity and creativity in site
design, and protect and enhance natural and community features. The
process is provided to encourage unique developments which may combine
a mixture of residential, commercial, and industrial uses. The PUD process
permits departures from the conventional siting, setback, and density
requirements of a particular zoning district in the interest of achieving
superior site development, creating open space, and encouraging
imaginative design by permitting design flexibility. By using flexibility in
the application of development standards, this process will promote
developments that will benefit citizens that live and work within the city.
A. Zoning districts where permitted. PUDs are permitted in all
zoning districts with the exception of the A-10, agricultural zone; provided,
however, that PUDs in SR zones are only allowed if the site is at least one
hundred (100) acres in size, except as provided in subsection (C) of this
section.
B. Permitted uses.
1. Principally permitted uses. The principally permitted
uses in PUDs shall be the same as those permitted in the underlying
zoning classifications, except as provided in subsection (B)(4) of this
section.
2. Conditional uses. The conditional uses in PUDs shall be
the same as those permitted in the underlying zoning classification. The
47 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
conditional use permit review process may be consolidated with that of the
PUD pursuant to procedures specified in subsection (F) of this section.
3. Accessory uses. Accessory uses and buildings which are
customarily incidental and subordinate to a principally permitted use are
also permitted.
4. Exceptions. In residential PUDs of one hundred (100)
acres or more located in SR zones, and in residential PUDs of ten (10)
acres or more located in other zoning districts, commercial uses may be
permitted. Commercial uses shall be limited to those uses permitted in the
neighborhood convenience commercial district. In PUDs of one hundred
(100) acres or more in size located in SR zones, attached dwelling units
are permitted only if they are condominiums created in accordance with
the Washington Condominium Act, Chapter 64.34 RCW; provided, that if a
proposed PUD in a single-family zoning district includes such attached
condominiums, the density bonus provisions outlined in subsection (D) of
this section shall not apply; and further provided, that no condominium
building may exceed two (2) stories.
C, Development standards. The following development standards
are minimum requirements for a planned unit development:
1. Minimum lot size exclusion. The minimum lot size
requirements of the districts outlined in this title shall not apply to PUDs.
2. Minimum site acreage. Minimum site acreage for a PUD
is established according to the zoning district in which the PUD is located,
as follows:
48 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
Zones minimum Site
Acreage
Multifamily (MR -D, MR -G, MR -M, MR -H, MR -T12, None
MR -T16)
Commercial, office and manufacturing zones None
SR zones (SR -1, SR -3, SR -4.5, SR
-6, SR -8) 5 acres
consisting entirely of detached single-family
dwellings as defined in KCC 15.02.115
SR zones (SR -1, SR -3, SR -4.5, SR -6, SR -8) 0 acres
consisting entirely of detached single-family
dwellings as defined in KCC 15.02.115 and if
providing increased wetland buffers pursuant to
KCC 11.06.600(D)
SR zones (SR -1, SR -3, SR -4.5, SR -6, SR -8) not 100 acres
comprised entirely of detached single-family
dwellings as defined in KCC 15.02.115
3. Minimum perimeter building setback. The minimum Multifamilv
perimeter building setback of the underlying zone shall apply.
as PFeVided in l(GG 15.08.215), except where speeifleally exen9pted by
. The hearing
examiner may reduce building separation requirements to the minimum
required by the building and fire departments according to the criteria set
forth in subsection (G -F)(1) of this section. If an adjacent property is
undevelopable under this title, the hearing examiner may also reduce the
perimeter building setback requirement to the minimum standards in the
city building and fire codes.
4. Maximum height of structures. The maximum height of
structures of the underlying zone shall apply.
C a:u��ii�:�ii��.��c.u�.�Jy�w:�.�i�•�iii.n.u.um�•�:►aA=
i�u�LLa"� �•r�r�'
49 Amend KCC Sections a
Re: Multifamily and Mixed Use Design
,The hearing examiner may
authorize additional height in CC, GC, DC, CM, M1, M2, and M3 zones
where proposed development in the PUD is compatible with the scale and
character of adjacent existing developments.
5, Open space.
a. The standard set forth in this subsection shall
apply to PUD residential developments only. Each PUD shall provide a
minimum of thirty-five (35) percent of the total site area for common open
space. In mixed use PUDs containing residential uses, thirty-five (35)
percent of the area used for residential use shall be reserved as open
space.
b. For the purpose of this section, open space shalt
be defined as land which is not used for buildings, dedicated public rights-
of-way, traffic circulation and roads, parking areas, or any kind of storage.
Open space includes, but is not limited to, privately owned woodlands,
open fields, streams, wetlands, severe hazard areas, landscaped areas,
trails through parks and sensitive areas (not including required sidewalks),
gardens, courtyards, or lawns. Common open space may provide for either
active or passive recreation.
c. Open space within a PUD shall be available for
common use by the residents, tenants, or the general public, depending on
the type of project.
6, Streets. If streets within the development are required
to be dedicated to the city for public use, such streets shall be designed in
accordance with the standards outlined in the city subdivision code and PEW
50 Amend KCC Sections
Re: Multifamily and Mixed Use Des0
other appropriate city standards. If streets within the development are to
remain in private ownership and remain as private streets, the following
standards shall apply:
a. Minimum private street pavement widths for
parallel parking in residential planned unit developments. Minimum private
street pavement widths with and without parallel parking in residential
planned unit developments are as follows.
One-way streets
Two-way streets
No Parking (feet)
Parking One Side
(feet)
29
31
Parking Both
Sides (feet)
38
40
The minimum widths set out in this subsection may be modified upon
review and approval by the city fire chief and the city traffic engineer,
providing they are sufficient to maintain emergency access and traffic
safety. A maintenance agreement for private streets within a PUD shall be
required by the hearing examiner as a condition of PUD approval.
b. Vehicle parking areas. Adequate vehicular
parking areas shall be provided. Vehicular parking areas may be provided
by on -street parking or off-street parking lots. The design of such parking
areas shall be in accordance with the standards outlined in Ch. 15.05 KCC.
In single-family PUDs, parking shall be provided at a ratio of 1.8 parking
stalls per dwelling units garages are excluded from the parking circulation.
The planning manager may recommend for hearing examiner approval
additional parking based upon site design and project land uses; the
recommendation may include a requirement for on -street parking.
c. One-way streets. One-way loop streets shall be
no more than two thousand (21
000) feet long.
51 Amend KCC Sections -
Re: Mu/tifamily and Mixed Use Design
d. On -street parking. On -street parking shall be
" " l "
permitted. Privately owned and maintained "no parkingand fire ane
signs may be required as determined by the city traffic engineer and city
fire department chief.
7. Pedestrian walkways. Pedestrian walkways shall be
provided to connect residences to public walkways and streets and shall be
constructed of material deemed to be an all-weather surface by the public
works director and planning manager.
8. Landscaping.
a. Minimum perimeter landscaping of the
zone shall apply. Additional landscaping shall be required as
underlying
provided in Ch. 15.07 KCC and KCC 15.08.215.
b. All PUD developments shall ensure that parking
areas are integrated with the landscaping system and provide screening of
vehicles from view from public streets. Parking areas shall be conveniently
located to buildings and streets while providing for landscaping adjacent to
buildings and pedestrian access.
c. Solid waste collection areas and waste reduction
or recycling collection areas shall be conveniently and safely located for
onsite use and collection, and attractively site screened.
apply.
g. Signs. The sign regulations of Ch. 15.06 KCC shall
52 Amend KCC Sections -
Re: Multifamily and Mixed Use ®esign
10. Platting. If portions of the PUD are to be subdivided for
sale or lease, the procedures of the city subdivision code, as amended,
shUll apply. Specific development standards such as lot size, street design,
etc., shall be provided as outlined in subsection (E) of this section.
11. Green River Corridor. Any development located within
the Green River Corridor district shall adhere to the Green River Corridor
district regulations.
12. View regulations. View regulations as specified in KCC
15.08.060 shall apply to all PUDs.
13. Shoreline master program. Any development located
within two hundred ()
00) feet of the Green River shall adhere to the city
shoreline master program regulations.
14. Design review. PUDs shall be subject to administrative
design review in KCC 15.09.045. PUDs of only single-family detached
residences shall be evaluated using the review criteria of KCC
15.09.045(C), residential design review. Multifamily dwellings,
multifamily townhouse units, independent senior living facilities, assisted
living facilities, residential facilities with healthcare or transitional housing
for three or more families located outside of Downtown and Meeker Street
from 64th Avenue South to Kent -Des Moines Road are subject to
multifamily design review as provided for in KCC 15.09.045(D), or as
provided for in KCC 15.09.046 if located within Downtown or along Meeker
Street from 64th Avenue South to Kent -Des Moines Road.
D. Density bonus standards. The density of residential
development for PUDs will be based on the gross density of the underlying
53 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
zoning district with density bonuses allowed as described below. PUDs
under twenty (20) acres in size located in SR zones shall not be allowed
density bonuses except as provided by subsection (D)(8) of this section.
For all other PUDs, the hearing examiner may recommend a dwelling unit
density not more than twenty (20) percent greater than that permitted by
the underlying zone upon findings and conclusions that the amenities or
design features which promote the purposes of this subsection, as follows,
are provided:
1. Open space. A four (4) percent density bonus may be
authorized if at least ten (10) percent of the open space is in concentrated
areas for passive use. Open space shall include significant natural features
of the site, including but not limited to fields, woodlands, watercourses,
and permanent and seasonal wetlands. Excluded from the open space
definition are the areas within the building footprints, land used for
parking, vehicular circulation or rights-of-way, and areas used for any kind
of storage.
2. Active recreation areas. A four (4) percent density
bonus may be authorized if at least ten (10) percent of the site is utilized
for active recreational purposes, including but not limited to jogging or
walking trails, pools, children's play areas, etc. Only that percentage of
space contained within accessory structures that is directly used for active
recreation purposes can be included in the ten (10) percent active
recreation requirement.
3. Stormwater drainage. A two (2) percent density bonus
may be authorized if Stormwater drainage control is accomplished using
natural onsite drainage features. Natural drainage features may include
streams, creeks, ponds, etc.
54 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
4, Native vegetation. A four (4) percent density bonus
may be authorized if at least fifteen (15) percent of the native vegetation
on the site is left undisturbed in large open areas.
5. Parking lot size. A two (2) percent density bonus may
be authorized if off-street parking is grouped in areas of sixteen (aeasor
6al
king
or less. Parking areas must be separated from ofterpv kstandards as
buildings by significant landscaping in excess type
provided in KCC 15.07.050. At least fifty (50) percent of these parking
areas must be designed as outlined in this subsection to receive the
density bonus.
6. Mixed housing types. A two (2) percent density bonus
may be authorized if a development features a mix of residential
min u ,
housing
types. Single-family residences, attached single units
apartments, and townhomes are examples of housing types. The mix need
not include some of every type.
7. Project planning and management. A two (2) percent
density bonus may be granted if a design/development team is useds Such
la landscape
a team would include a mixture of architects, engineers,
architects, and designers. A design/ development team is likely ento produce
ith the
a professional development concept that would be const
purpose of the zoning regulations.
g, Increased wetland buffer widths. A ten (10) percent
density bonus may be granted for a wetland buffer that is increased by
twenty-five (25) feet. A twenty (20) percent density bonus may be granted
for a wetland buffer that is increased by fifty (50) feet. All other
requirements of the PUD standards shall apply.
55 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
These standards are thresholds, and partial credit is not given for partial
attainment. The site plan must at least meet the threshold level of each
bonus standard in order for density bonuses to be given for that standard.
In no case shall any of the density bonus provisions be combined to create
a total bonus greater than twenty (20) percent.
E. Master plan approvals. The master plan process is intended to
allow approval of a generalized, conceptual development plan on a site
which would then be constructed in phases over a longer period of time
than a typical planned unit development. The master plan approval process
is typically appropriate for development which might occur on a site over a
period of several years, and in phases which are not entirely predictable.
1. Submittal requirements. The distinguishing
characteristic between a master plan development application and a
planned unit development application is that a master plan development
proposal is conceptual in nature. However, the master plan application
shall provide sufficient detail of the scope of the development, the uses,
the amount of land to be developed and preserved, and how services will
be provided. The specific submittal requirements are noted below.
a. A written description of the scope of the project,
including total anticipated build -out (number of units of residential, gross
floor area for commercial), and the types of uses proposed;
b. A clear vicinity map, showing adjacent roads;
c. A fully dimensional site plan, which would show
the areas upon which development would occur, the proposed number of
units or buildings in each phase of the development, the areas would be
preserved for open space or protection of environmentally sensitive
56 Amend KCC Sections -
Re: Multifami/y and Mixed Use Design
features, and a generalized circulation plan, which would include proposed
pedestrian Cl"d bicycle circulation;
planI
d. A generalized drainage and stormwater runoff
e. A site map showing contours at not greater than
five (5) foot intervals and showing any wetlands, streams, or other natural
features;
school district;
f. A description of the proposed phasing plan;
g. Documentation of coordination with the Kent
h. Certificates of water and sewer availability;
i. Generalized building elevations showing the
types of uses being proposed.
2. Density. The gross density of a residential master plan
project shall be the same as the density allowable in the underlying zoning
district.
3. Open space. The criteria in subsection (C)(5) of this
section shall apply.
4. Application process. The application process for a
master plan application shall be as outlined in subsection (F) of this
section.
57 Amend KCC Sections -
Re; Multifamily and Mixed Use Design
5. Review criteria. The review criteria for a master plan
application shall be the same as those outlined in subsection (G) of this
section.
6. Administrative approval of individual phases. Once a
master site plan PUD has been approved pursuant to subsection (F) of this
section, any individual phase of the development shall be reviewed and
approved administratively, as outlined in Ch. 15.09 KCC; provided, that for
each phase of development that includes a residential condominium, the
applicant shall submit a copy of the condominium declaration recorded
against the property, and as outlined in RCW 64.34.200.
7. Time limits. The master plan approved by the hearing
examiner or city council, as provided in subsection (F) of this section, shall
be valid for a period of up to seven (7) years. At the end of this seven (7)
year period, development permits must be issued for all phases of the
master plan development. An extension of time may be requested by the
applicant. A single extension may be granted by the planning manager for
a period of not more than two (2) more additional years.
8. Modifications. Once approved, requests for
modifications to the master plan project shall be made in writing to the
planning manager. The planning manager shall make a determination as to
whether the requested modification is major or minor as outlined in
subsection (I) of this section.
F. Application process. The application process includes the
following steps: informal review process, compliance with the State
Environmental Policy Act, community information meeting, development
pIan review, and public hearing before the hearing examiner.
58 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
1. Informal review process. An applicant shall meet
informally with the planning department at the earliest possible date to
discuss the proposed PUD. The purpose of this meeting is to develop a
project that will meet the needs of the applicant and the objectives of the
city as defined in this title.
2. SEPA compliance. Compliance with the State
Environmental Policy Act and regulations and city SEPA requirements shall
be completed prior to development plan review.
3. Development plan review. After informal review and
completion of the SEPA process, a proposal shall next be reviewed by city
staff through the development plan review process. Comments received by
the project developer under the development review process shall be used
to formalize the proposed development prior to the development being
presented at a public hearing before the hearing examiner.
4. Community information meeting.
a. A community information meeting shall be
required for any proposed PUD located in a residential zone or within two
hundred (200) feet of a residential zone. At this meeting, the applicant
shall present the development proposed to interested residents. Issues
raised at the meeting may be used to refine the PUD plan. Notice shall be
given in at least one (1) publication in the local newspaper at least ten
(10) days prior to the public hearing. Written notice shall be mailed first
class to all property owners within a radius of not less than two hundred
(200) feet of the exterior boundaries of the property subject to the
application. Any alleged failure of any property owner to actually receive
the notice of hearing shall not invalidate the proceedings.
59 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
b. Nonresidential PUDs not located within two
hundred (200) feet of a residential zone shall not require a community
information meeting.
5. Public notice and hearing examiner public hearing. The
hearing examiner shall hold at least one (1) public hearing on the
proposed PUD and shall give notice thereof in at least one (1) publication
in the local newspaper at least ten (10) days prior to the public hearing.
Written notice shall be mailed first class to all property owners within a
radius of not less than two hundred (200) feet of the exterior boundaries
of the property subject to the application. Any alleged failure of any
property owner to actually receive the notice of hearing shall not invalidate
the proceedings.
6. Consolidation of land use permit processes. The PUD
approval process may be used to consolidate other land use permit
processes, which are required by other sections of this title. The public
hearing required for the PUD may serve as the public hearing for the
conditional use permit, subdivision, shoreline substantial development, and
rezoning if such land use permits are a part of the overall PUD application.
When another land use permit is involved which requires city council
approval, the PUD shall not be deemed to be approved until the city
council has approved the related land use permit. If a public hearing is
required for any of the categories of actions listed in this subsection, the
hearing examiner shall employ the public hearing notice requirements for
all actions considered which ensure the maximum notice to the public.
7. Hearing examiner decision. The hearing examiner shall
issue a written decision within ten (10) working days from the date of the
hearing. Parties of record will be notified in writing of the decision. For
PUDs which propose a use permitted in the underlying zoning district, the
60 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
hearing examiner's decision is final. For PVDs which propose a use which is
not typically permitted in the underlying zoning district as provided in
subsection (13)(4) of this section, the hearing examiner shall forward a
recommendation to the city council, which shall have the final authority to
approve or deny the proposed PUD. For a proposed residential PUD that
includes condominiums as outlined in subsection (13)(4) of this section, a
condition of approval by the city council shall be that for each development
phase the applicant shall submit a recorded copy of the covenants,
conditions, and restrictions recorded against the property. Within thirty
(30) days of receipt of the hearing examiner's recommendation, the city
council shall, at a regular meeting, consider the application. Any appeal
from the final decision of the hearing examiner and city council shall be
pursuant to the appeal provisions of Ch. 12.01 KCC.
8. Effective date. In approving a PUD, the hearing
examiner shall specify that the approved PUD shall not take effect unless
or until the developer files a completed development permit application
within the time periods required by this title as set forth in subsection (G)
of this section. No official map or zoning text designations shall be
amended to reflect the approved PUD designation until such time as the
PUD becomes effective.
G. Review criteria for planned unit developments. Upon receipt
of a complete application for a residential PUD, the planning department
shall review the application and make its recommendation to the hearing
examiner. The hearing examiner shall determine whether to grant, deny,
or condition an application based upon the following review criteria.
1. Residential planned unit development criteria.
61 Amend KCC Sections -.
Re; Mu/tifami/y and Mixed Use Design
a. The proposed PUD project shall have a beneficial
effect upon the community and users of the development which would not
normally be achieved by traditional lot -by -lot development and shall not be
detrimental to existing or potential surrounding land uses as defined by the
comprehensive plan.
b. The proposed PUD project shall be compatible
with the existing land use or property that abuts or is directly across the
street from the subject property. The term compatibility includes but is not
limited to apparent size, scale, mass, and architectural design.
c. Unusual and sensitive environmental features of
the site shall be preserved, maintained, and incorporated into the design
to benefit the development and the community.
d. The proposed PUD project shall provide areas of
by using techniques such as clustering, separation of building
oFenness
groups, and use of well-designed open space and landscaping. Open space
shall be integrated within the PUD rather than be an isolated element of
the project.
e. The proposed PUD project shall promote variety
and innovation in site and building design, and shall include architectural
and site features that promote community interaction, such as porches,
de-emphasized garages, sidewalks/walkways and adjacent common areas.
Buildings in groups shall be related by common materials and roof styles,
but contrast shall be provided throughout the site by the use of varied
materials, architectural detailing, building scale, and orientation.
f. Building design shall be based on a unified
design concept, particularly when construction will be in phases.
62 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
2. Nonresidential planned unit development criteria.
a. The proposed project shall have a beneficial
lot
effect which would not normally be achieved by traditional lot -by -
development and not be detrimental to present or potential surrounding
land uses as defined by the comprehensive plan.
b. Unusual and sensitive environmental features of
the site shall be pre , ,servedmaintainedand incorporated into the design
to benefit the development and the community.
c. The proposed project shall provide areas of
openness by the clustering of buildings, and by the use of well-designed
landscaping and open spaces. Landscaping shall promote a coordinated
appearance and break up continuous expanses of building and pavement.
d. The proposed project shall promote variety and
innovation in site and building design. It shall encourage the incorporation
of special design features such as visitor entrances, plazas, outdoor
employee lunch and recreation areas, architectural focal points, and accent
lighting.
e. Building design shall be based on a unified
design concept, particularly when construction will be in phases.
H. Time limits.
1. Application for development permit. The applicant shall
apply for a development permit no later than one (1) year following final
63 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
approval of the PUD. The application for development permit shall contain
all conditions of the PUD approval.
2. Extensions. An extension of time for development
permit application may be requested in writing by the applicant. Such an
extension may be granted by the planning manager for a period not to
exceed one (1) year. If a development permit is not issued within two (2)
years, the PUD approval shall become null and void and the PUD shall not
take effect.
I. Modifications of plan. Requests for modifications of final
approved plans shall be made in writing and shall be submitted to the
planning services office in the manner and form prescribed by the planning
manager. In commercial, office, industrial, and manufacturing zoning
districts, where a master plan is consistent with a planned action ordinance
and a development agreement, the determination of whether a proposed
modification is minor or major shall be made at the sole discretion of the
planning manager; provided, however, that the planning manager's
determination must be consistent with criteria established in either the
planned action ordinance or the development agreement. If the planned
action ordinance or the development agreement does not establish such
criteria, the planning manager's determination shall be consistent with the
criteria stated in subsections (I)(1) and (I)(2) of this section. The criteria
for determining minor and major modifications in all other cases shall be
as stated in subsections (I)(1) and (I)(2) of this section. The criteria for
approval of a request for a major modification shall be those criteria
covering original approval of the permit which is the subject of the
proposed modification.
1. Minor modifications. Modifications are deemed minor if
all the following criteria are satisfied:
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Multifamily and Mixed Use Design
or lots is proposed;
a. No new land use is proposed,
b. No increase in density, number of dwelling units,
c. No change in the general location or number of
access points is proposed;
d. No reduction in the amount of open space is
proposed;
e. No reduction in the amount of parking is
proposed;
f. No increase in the total square footage of
structures to be developed is proposed; and
g. No increase in general height of structures is
proposed.
Examples of minor modifications include but are not limited to lot line
adjustments, minor relocations of buildings or landscaped areas, minor
changes in phasing and timing, and minor changes in elevations of
buildings.
2. Major modifications. Major adjustments are those
which, as determined by the planning manager, substantially change the
basic design, density, open space, or other similar requirements or
provisions. Major adjustments to the development plans shall be reviewed
by the hearing examiner. The hearing examiner may review such
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adjustments at a regular public hearing. If a public hearing is held, the
process outlined in subsection (F) of this section shall apply. The hearing
examiner shall issue a written decision to approve, deny, or modify the
request. Such a decision shall be final. Any appeals of this decision shall be
in accordance with KCC 12.01.040.
SECTION Y4. -Amendment. Section 15.09.045 of the Kent City
Code, entitled "Administrative design review," is hereby amended as
follows:
Sec. 15.09.045 Administrative design review.
A. Purpose and scope. Administrative design review is an
administrative process, the purpose of which is to implement and give
effect to the comprehensive plan, its policies or parts thereof through the
adoption of design criteria for development relative to site layout,
landscape architecture, and exterior structure design. It is the intent of the
city that this process will serve to aid applicants in understanding the
principal expectations of the city concerning design, and encourage a
diversity of imaginative solutions to development through the planning
services division review and application of certain criteria. These criteria
have been formulated to improve the design, siting, and construction of
development projects so as to be compatible, both visually and otherwise,
with the topographic, open space, urban, or suburban characteristics of the
land or adjacent properties, while still maintaining allowable densities to be
applied in a manner consistent with established land use policies, the
comprehensive plan, this title, and community development goals of the
city.
The adoption of design criteria is an element of the city's regulation of land
useI which is statutorily authorized. Application of the multifamily design
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process to the design criteria adopted in this section is established as an
administrative function delegated to the planning services division
pursuant to RCW Title 35A; therefore, in implementing the administrative
design review process, the planning director may adopt such rules and
procedures as are necessary to provide for expeditious review of proposed
projects. Further rules may be promulgated for additional administrative
review.
B. Application and review process. Administrative design review
process is classified as a Process II application and shall be subject to the
applicable requirements of Chapter 12.01 KCC. The applicant must make
application for the design review process on forms provided by the
planning services division. Upon receipt of an application for design review,
the planning director shall circulate the application to the public works
director, building official, and the city administrator for review. Prior to
making a final decision, the planning director shall review any comments
submitted for consideration. In the administration of this process, the
planning director may develop supplementary handbooks for the public,
which shall pictorially illustrate and provide additional guidance on the
interpretation of the criteria set forth in subsections (C) and (D) of this
section, as well as a detailed explanation of the design review process.
C. Residential design review. In order to diminish the perception
of bulk, and provide visual interest along residential home facades that
face public areas, architectural design considerations shall be applied.
Homes located within subdivisions and short subdivisions vested after
March 22, 2007, or altered to comply with code amendments effective
after March 22, 2007, shall be subject to residential design review. This
design review shall be applied administratively as part of the building
permit review process for each new home.
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1. Orientation of homes. The entry facade of each
dwelling unit shall be generally oriented toward the highest classification
street from which access to the lot is allowed.
2. Attached units. A building that contains a grouping of
attached units shall not exceed a two hundred (200) foot maximum length
and shall be separated from other groups of attached units by a minimum
fifteen (15) feet.
3. Architecture. Each dwelling unit facade that faces a
public area shall, ata minimum, incorporate architectural elements as
follows:
a. Two {elements of facade modulation mor
roofline variation_. Fagade modulation elements shall have a minimum
width of eight feet and a minimum depth of three feet. Roofline variation
elements shall have a minimum horizontal or vertical offset of three feet
and a minimum variation length of eight feet;
b. The maximum horizontal facade length without
one (1) element of either facade modulation or roofline variation shall be
twenty (20) feet; and
c. Three (3) architectural detail elements.
4. Garages. Dwelling units within subdivisions and short
subdivisions shall provide diminished garage doors according to the
percentage and locations approved with the subdivision and short
subdivision.
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p. Multifamily design review. The planning services
division shall use the
in the evaluation afliator conditioning of applications
under the multifamily design review process_:
69 Amend KCC Sections -
12e: Multifamily and Mixed Use Design
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69 Amend KCC Sections -
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F. Mixed use design review. The planning services division shall
use the following criteria in the evaluation and/or conditioning of
applications under the mixed use design review process when a project
includes residential use.
1. The following criteria should apply to all mixed use with
a residential component development:
71 Amend KCC Sections -
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building
i
aeengent
and
i
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i
i
SIE,....,
and
i
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F. Mixed use design review. The planning services division shall
use the following criteria in the evaluation and/or conditioning of
applications under the mixed use design review process when a project
includes residential use.
1. The following criteria should apply to all mixed use with
a residential component development:
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indoor rooms, courtyards.
downwards.
Some common recreation space roofs, terraces,
Lighting features that are shielded, directing light
c. The residential portion of the building should
incorporate residential details, such as window trim, trellises, balconies,
and bay windows.
d. The residential component should have an
erous entrancewithin features suggesting a "front door" for
obvious, gen,
example, a lobby, trellis, gate, archway, or courtyard.
2. The following criteria shall apply to mixed use
development:
a. If the residential component is located away
from the main street, a landscaped pedestrian path should be provided
between the entrance and public sidewalk.
b. Although the commercial and residential
components may have different architectural expressions, they should
exhibit a number of elements that produce the effect of an integrated
development.
c. Surface parking should be generously landscaped
to serve as an amenity. Lighting fixtures should not exceed the height of
the first floor.
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3. The following criteria shall apply to mixed use buildings
with a residential component:
a. Parking lots, if used, should bedivided into small
increments, separated by landscaping and structures, so that parkdoes
ing
not dominate the site.
b. Articulated by use of different materials,
"" doorscanopiesand
generous windows with low sill heights,
planters.
c. Residential floors should be expressed in an
obvious manner, with stepbacks, change in materials or color, and
overhangs.
d. Commercial signs should be contained within the
first floor commercial base and not extend up into the residential floor
facades.
G. Transit -oriented community design review. The planning
services division shall use the following criteria in the evaluation or
conditioning of applications under the transit -oriented community design
review process:
1. The Midway Design Guidelines as an adopted element
of the city's regulation of land use, which is statutorily authorized, shall
apply to all development with a land use plan map designation of transit -
oriented community.
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2. Residential use design review. In addition to the
Midway Design Guidelines, the following design requirements apply to
residential uses and development:
a. Openings from the build -to line. When a
residential unit has direct access to the public domain, a ten (10) foot front
yard shall be provided. When residential units have access through a main
location, such as an atrium, courtyard, or other main entryway, said
access shall be at the build -to line.
De Open space. Residential development shall
provide not less than twenty (20) percent of the gross land area for
common open space, which shall be.
active recreation;
i. Designed to provide either passive or
ii. If under one (1) ownership, owner shall be
responsible for maintenance;
iii. If held in common ownership by all owners
of the development by means of a homeowners' association, said
association shall be responsible for maintenance. If such open space is not
maintained in a reasonable manner, the city shall have the right to provide
for the maintenance thereof and bill the homeowners' association
accordingly. If unpaid, such bills shall be a lien against the homeowners'
association; or
iv. Dedicated for public use if accepted by the
city legislative authority or other appropriate public agency.
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c. Storage of recreational vehicles. The storage or
parking of recreational vehicles shall be prohibited.
H. Appeals. The decision of the planning director to condition or
reject any application under the administrative design review process is
final unless an appeal is made by the applicant or any party of record to
the hearing examiner within fourteen (14) calendar days of either the
issuance of the director's conditional approval under this section of any
application, or the director's written decision rejecting any application
under this section. The appeal shall be conducted by the hearing examiner
as an open record appeal hearing in accordance with the requirements of
Chapters 2.32 and 12.01 KCC. The decision of the hearing examiner shall
be final unless an appeal is made to the superior court within twenty-one
(21) calendar days after the hearing examiner's notice of decision.
SECTION 15. -Amendment. Section 15.09.046 of the Kent City
Code, entitled "Downtown design review," is hereby amended 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
subarea action plan and its policies or parts thereof. The downtown design
guidelines, as set forth in subsection (D) of this section, apply to all
development located within the downtown area, as 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
75 Amend KCC Sections
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Multifamily and Mixed Use Design
development in the downtown 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 economic and community
development department pursuant to RCW Title 35A. Therefore, in
implementing the downtown design review process, the economic and
community development director may adopt such rules and procedures as
are necessary to provide for review of proposed projects.
3. All development within the downtown area, or within
the GC, G&MU, C&MU, or MR -M zoning districts along the Meeker Street
Corridor between 64th Avenue South and Kent -Des Moines Road, which
roadway section is hereby classified a Class B pedestrian street, 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.x.
Applications for multifamily development within the DC, DCE, DCE-T, G&
MU, C&MU, MR -M, and MRT-16 zoning districts that are also within the
downtown area or along the Meeker Street Corridor between 64th Avenue
South and Kent -Des Moines Road shall be subject to this section --in
76 Amend KCC Sections -
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Bs 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 the economic and community development
department. Upon receipt of an application for design review, the economic
and community development director shall circulate the application to the
appropriate city departments and offices for review. Prior to issuing a final
decision, the director shall review any comments submitted for
consideration. In the administration of this process, the department 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 as described in the Kent
downtown design guidelines. The committee shall be comprised of three
members, who shall be appointed by the economic and community
development director under the authority delegated pursuant to RCW Title
35A. The members shall serve at the pleasure of the director. The director
shall, by administrative rule, establish the rules of procedure for the
committee, which shall be made available to the public upon publication.
p, 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," are hereby adopted by this reference as authorized
77 Amend KCC SectionROW
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Re: Multifamily and Mixed Use Design
pursuant to RCW 35A.12.140 and shall be placed on file in the offices of
the city clerk and the economic and community development department.
E. Appeals. The decision of the downtown administrative design
review committee to approve, approve with conditions, or reject any
application under the downtown design review process is final unless an
appeal is made to the hearing examiner within 14 calendar days of either
the issuance of the committee's 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
21 calendar days of the date of the issuance of the decision, pursuant to
r:o
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�$ Amend KCC Sections -
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SECTION 16. - Amendment. Section 15.15.920 of the Kent City
Code, entitled "Relation to adjacent development," is hereby amended as
follows:
Sec. 15.15.920 Relation to adjacent development. Proposed
developments shall coordinate with current site planning and development
efforts on adjoining parcels to take advantage of opportunities to mutually
improve development design.
A. Adjacent developments shall link open spaces and
landscaping whenever possible.
Be Proposed developments shall provide publicly accessible
pedestrian connections to adjacent residential neighborhoods wherever
possible, via a through -block walkway or links to sidewalks; or provide
stairs or ramps where necessary when topographic barriers, such as steep
slopes, inhibit direct access to surrounding development or destination
points, such as transit stops.
C, Where multifamily residential development is located adjacent
to retail, commercial, employment, or institutional uses, side or rear yard
landscape buffers shall be intersected by approved pedestrian circulation
routes in order to facilitate convenient walking connections to adjacent
uses or services.
p. Buildings or structures that terminate view corridors shall
include architectural features that increase the visibility and landmark
status of the subject building facade, such as a clearly defined building
modulation with a minimum wiuLii %II
�-
thre___e_fe_e_t), pedestrian entry feature or roofline that accentuates the
building as a focal point.
79 Amend KCC Sections
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Multifamily and Mixed Use Design
SECTION 17. - Severability. If any one or more section,
tinal or
subsection, or sentence of this ordinance is held to be unconstituo
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 18. - Corrections UY Cit 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
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 19. -Effective Date. This ordinance shall take effect and
be in force 30 days after its passage, as provided by law.
ATTEST:
KIMBERL
�KOMOTO, CITY CLERK
APPROVED AS TO FORM
BRUBAKER, CITY ATTORNEY
gp Amend KCC Sections -
Re: Multifamily and Mixed Use Design
h or
PASSED:
day of
120161
APPROVED: day of
PUBLISHED: day of ed , 2016.
herebycertify that this is a true copy of Ordinance No.
I Y
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\N1FDG AMENDi�[ENP.docx
KIM BERLEY
(SEAL)
CLERK
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