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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 10/12/2020 (3) Unless otherwise noted, the Land Use and Planning Board meets at 7 p.m. on the second and fourth Mondays of each month in the Kent City Hall, Council Cha mbers East, 220 Fourth Avenue South, Kent, WA 98032. For additional information please contact Tanya Kosen at 253-856-5461, or email Tanya Kosen at TKosen@KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk’s Offic e at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. Land Use and Planning Board Agenda Board Members: Ali Shasti, Chair Shane Amodei, Vice Chair - Gwen Allen-Carston - Dione Dittmar - Paul Hintz - Katherine Jones - Joseph O'Toole Monday, October 12, 2020 7:00 p.m. Item Description Action Speaker Time 1. Call to Order Chair 01 MIN. 2. Roll Call Chair 01 MIN. 3. Approval of September 28, 2020 Minutes YES Chair 05 MIN. 4. Changes to the Agenda Chair 01 MIN. 5. Land Use and Planning Board By- Laws Update YES Kaelene Nobis and Hayley Bonsteel 10 MIN. 6. Isolation and Quarantine Facilities & Emergency Housing Facilities/Shelters Amendment YES Matt Gilbert 30 MIN. 7. Recreation Facilities: Amendment to KCC 12.04.060 & 15.09.045 NO Jason Garnham 15 MIN. 8. Adjournment Chair 01 MIN. Page 1 of 2 Pending Approval Land Use and Planning Board Land Use Regular Meeting Minutes September 28, 2020 Date: September 28, 2020 Time: 7:04 p.m. Place: Chambers Attending: Ali Shasti, Chair Shane Amodei, Vice Chair Gwen Allen-Carston, Dione Dittmar, Paul Hintz, Katherine Jones, Joseph O'Toole Agenda: 1. Call to Order 7:04 p.m. Attendee Name Title Status Arrived Ali Shasti Chair Present Shane Amodei Vice Chair Present Gwen Allen-Carston Present Dione Dittmar Present Paul Hintz Excused Katherine Jones Present Joseph O'Toole Present 3. Approval of Minutes dated September 14, 2020 MOTION: Move to approve the Minutes dated September 14, 2020 RESULT: APPROVED [UNANIMOUS] AYES: Shasti, Amodei, Allen-Carston, Dittmar, Jones, O'Toole EXCUSED: Hintz 4. Changes to the Agenda 5. Comprehensive Plan Land Use Map Amendment Requests 2019/2020 Sam Alcorn gave a summary of the 3 Comprehensive Plan Amendments and the staff recommendations. There was one public speaker, Peter B Lewis on behalf of the applicant for Proposal C. He supported the proposal and presented information regarding distance to other commercial centers from the location and the increase in pedestrian traffic if there was a commercial establishment at this location. Members looked over maps to understand the distances. They asked questions and discussed the merits and drawbacks of this location. No one 3 Packet Pg. 2 Mi n u t e s A c c e p t a n c e : M i n u t e s o f S e p 2 8 , 2 0 2 0 7 : 0 0 P M ( O P E N S E S S I O N ) Land Use and Planning Board Land Use Regular Meeting Minutes September 28, 2020 Kent, Washington Page 2 of 2 else from the public requested to speak so the vote was taken. The vote passed 6 to 0. MOTION: Recommend City Council approve 2019 docketed comprehensive plan amendments CPA-2019-5, as proposed by the applicant, and CPA-2019- 4, as proposed by the applicant, and reject CPA-2019-6. RESULT: RECOMMENDED TO COMMITTEE OF THE WHOLE [UNANIMOUS] Next: 10/13/2020 4:00 PM AYES: Shasti, Amodei, Allen-Carston, Dittmar, Jones, O'Toole EXCUSED: Hintz 6. Process Updates to Kent City Code Chapters 12 and 15 Kaelene Nobis gave a summary covering the changes recommended to Kent City Code Chapters 12 and 15. There were no public speakers. Members had no questions and voiced their support for the measure. The vote passed 6 to 0. MOTION: Recommend City Council approve the code amendment related to process updates as presented by staff. RESULT: RECOMMENDED TO COMMITTEE OF THE WHOLE [UNANIMOUS] Next: 10/13/2020 4:00 PM AYES: Shasti, Amodei, Allen-Carston, Dittmar, Jones, O'Toole EXCUSED: Hintz 7. Adjournment 8:00 p.m. Tanya Kosen Committee Secretary 3 Packet Pg. 3 Mi n u t e s A c c e p t a n c e : M i n u t e s o f S e p 2 8 , 2 0 2 0 7 : 0 0 P M ( O P E N S E S S I O N ) ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE Kurt Hanson, Economic and Community Development Director 220 Fourth Avenue S, Kent, WA 98032 253-856-5454 DATE: October 12, 2020 TO: Land Use and Planning Board FROM: Economic and Community Development SUBJECT: Land Use and Planning Board By-Laws Update MOTION: Move to amend the by-laws as presented by staff. SUMMARY: Discussion regarding update to by-laws required per Kent City Code 2.57.010. Proposed changes include: • Removal and replacement of position titles, • Removal of old dates, • Update the scheduled meeting time to 6:00PM, • Required Order of Business items, • Online distribution of agendas, forms, and other material. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. LUPB_By-Laws_proposed amendments_ARL Review 10.6.2020 (PDF) 5 Packet Pg. 4 1 of 7 LAND USE AND PLANNING BOARD BY-LAWS We, the members of the Land Use and Planning Board of the City of Kent, State of Washington pursuant to Kent City Code, Chapter 2.57.010, do hereby adopt, publish and declare the following BY-LAWS which shall supersede all other rules and procedures not set by City Ordinance or State Statute. ORGANIZATION AND RULES OF PROCEDURE 1. The official name is "Land Use and Planning Board" as per Kent City Code Chapter 2.57.010. 2. The official seat of the Board is in the City Hall of the City of Kent, Washington. 3. The officers of the Board shall consist of a Chair, Vice-Chair and Secretary. 4. Officers (A) The Chair shall preside over the Board and exercise all powers incidental to the office, retaining however, the full right as a member of the Board to have a vote recorded in all deliberations of the Board, to propose motions and to second motions. (B) The Vice-Chair shall, in the absence of the Chair from any meeting, perform all the duties incumbent upon the Chair, and retain the full right as a member of the Board to have a vote recorded in all deliberations of the Board, to propose motions and to second motions. (C) The Chair and Vice-Chair both being absent from any meeting, the members present may elect a temporary Chair who shall have full powers as Chair during the absence of the Chair and Vice-Chair, retaining the full right as a member of the Board to have a vote recorded in all deliberations of the Board, to propose motions and second motions. (D) The Long Range Planning Manager will serve as Secretary as per Kent City Code Chapter 2.57.030A. (E) Officers shall be elected at the regular meeting in the 11th calendar month of each year, by a majority vote of the authorized membership of the Board; their terms of office shall run from January 1 following the election meeting until December 31 of the same year, or until a successor 5.a Packet Pg. 5 At t a c h m e n t : L U P B _ B y - L a w s _ p r o p o s e d a m e n d m e n t s _ A R L R e v i e w 1 0 . 6 . 2 0 2 0 ( 2 4 4 6 : L a n d U s e a n d P l a n n i n g B o a r d B y - L a w s U p d a t e ) By-Laws Land Use and Planning Board 2 of 7 has been elected. No Board member shall serve more than two full consecutive terms as Chair of the Board. No member shall serve as Vice- Chair for more than two full consecutive terms. In the event of a vacancy of any officer, the Board may, at a convenient time selected by a majority present, hold a special election for that position. Any member of the Board is eligible to fill the vacancy. However, if a present officer wins the new position, his present office is considered vacant, as no member can hold two office positions; and, an election should than take place immediately to also fill that position being vacated. (F) Not withstanding section (E) above, at the initial organization meeting of the Board, the Board shall elect officers to serve to December 31, 1996. 5. Absences Board members shall notify the Planning Manager or Board Chair whenever the member will be absent from a workshop, regular or special meeting, providing a reason for the absence. Failure to do so will result in an unexcused absence. 6. Quorum A quorum shall consist of four (4) members of the Board and no action can be taken in the absence of a quorum except to adjourn the meeting to a subsequent date. 7. Voting (A) The affirmative vote of the majority of those present shall be necessary for the adoption of any motion or other voting matter, unless otherwise specified in these by-laws. (B) For the conduct of business dealing with matters requiring changes in the City's Comprehensive Plan and the election of officers, at least four (4) affirmative votes must be cast. Each member of the Board shall be entitled to one vote, but no proxy shall be allowed. 8. Meetings 5.a Packet Pg. 6 At t a c h m e n t : L U P B _ B y - L a w s _ p r o p o s e d a m e n d m e n t s _ A R L R e v i e w 1 0 . 6 . 2 0 2 0 ( 2 4 4 6 : L a n d U s e a n d P l a n n i n g B o a r d B y - L a w s U p d a t e ) By-Laws Land Use and Planning Board 3 of 7 (A) Generally, there shall be two Land Use and Planning Board meetings each month, on the second or fourth Monday at 6:00 P.M. Public hearings and public testimony may occur at any meeting, as determined by the Chair and Board Secretary:. (1) Meetings on General Planning Matters. On the second Monday of each month there shall be a workshop meeting of the Board to be held at 7:00 P.M. to discuss general planning matters. No testimony from the public shall be taken at a workshop. (2) Public Hearing Meeting. The regular meeting wherein general business, other related business and public hearing items, such as Comprehensive Plan amendments and revisions to codes are heard, shall be held at 7:00 P.M. on the fourth Monday of the month. (3) These scheduled meetings may be canceled or, convened at other times if deemed necessary by the Chair or, in the absence of the Chair, by the Vice-Chair. (4) The order of business shall be: (a) Call to order by Chair. (b) Roll call. (c) Approval of minutes. (d) Added items. (e) Communications. (f) Notice of upcoming meetings. (ge) Public hearings. (B) Executive sessions, which must be called on motion and majority vote of members present, may be held in accord with the requirements imposed by RCW 42.30.110 and 42.30, 140 (C) Special meetings and work sessions may be called: (1) By the request of the Chair, or, in the Chair's absence, by the Vice- Chair. (2) By the written request of three or more members of the Board. 5.a Packet Pg. 7 At t a c h m e n t : L U P B _ B y - L a w s _ p r o p o s e d a m e n d m e n t s _ A R L R e v i e w 1 0 . 6 . 2 0 2 0 ( 2 4 4 6 : L a n d U s e a n d P l a n n i n g B o a r d B y - L a w s U p d a t e ) By-Laws Land Use and Planning Board 4 of 7 (3) By sustained motion of the Board. Written notice of all work sessions and special meetings shall be provided to members of the Board. 9. Information Sheets Information sheets outlining procedures on hearings before the Board shall be made available to the public at the Planning Services office and at the site of the hearing. 10. Conduct of Hearings (A) On all questions of parliamentary procedure not covered in these by-laws, Robert's Rules of Order, as amended, shall govern in the conducting of the meetings of the Board. (B) Upon declaring the opening of a hearing, the Chair shall state the hearing's purpose, ascertain that the Board members present are oriented to the hearing question and hearing review procedure. (C) Speakers should will give their first and last name to the Chair before presenting their material; arguments shall be kept to non-repetitive essentials; and discussion of personalities shall not be tolerated. No questions may be asked by any speaker without prior consent of the Chair. (D) The Land Use and Planning Board will not h ear any scheduled agenda item when significant new materials are presented at a Land Use and Planning Board hearing that have not been reviewed by the staff and entered into the staff report. In such cases, the agenda item will be continued to the next regularly scheduled Land Use and Planning Board public hearing date. New materials must be deposited in the Planning Services office at least ten (10) days prior to the Land Use and Planning Board meeting for which the materials are intended. 5.a Packet Pg. 8 At t a c h m e n t : L U P B _ B y - L a w s _ p r o p o s e d a m e n d m e n t s _ A R L R e v i e w 1 0 . 6 . 2 0 2 0 ( 2 4 4 6 : L a n d U s e a n d P l a n n i n g B o a r d B y - L a w s U p d a t e ) By-Laws Land Use and Planning Board 5 of 7 11. Agendas, Staff Reports and Minutes for Regular Meetings (A) A copy of the agenda for every regular meeting of the Land Use and Planning Board shall be sent to each member not less than seven (7) days prior to the date of the meeting at which such agenda is to be considered. (B) Application Forms. Printed forms to be used for making applications will be made available on the city website. in the Planning Services office. (C) Minutes and Records. Minutes of all public meetings shall be kept and made part of a permanent public record along with applications made under provisions of law and the complete files of proceedings and actions taken in connection therewith. The Secretary shall provide the Board with a set of minutes of the previous month's meeting which shall be sent to each Land Use and Planning Board member no later than seven (7) days prior to the next regular meeting of the Land Use and Planning Board. These minutes shall be considered for approval by the Land Use and Planning Board at its next regularly scheduled public meeting and upon approval shall become part of the official record of the action of the Board. 12. Recording of Minutes All regular and special public meetings of thepublic hearings before the Land Use and Planning Board where a public hearing is held shall be recorded on a recording machine. 13. Temporary Committees The Chair of the Land Use and Planning Board shall have full power to create temporary committees of one or more members and to appoint the members of such committees, charged with such duties as examination, investigation and inquiry relative to one or more subjects of interest to the Board. No temporary committee shall have the power to commit the Board to the endorsement of any plan or program without its submission to the full body of the Board. 5.a Packet Pg. 9 At t a c h m e n t : L U P B _ B y - L a w s _ p r o p o s e d a m e n d m e n t s _ A R L R e v i e w 1 0 . 6 . 2 0 2 0 ( 2 4 4 6 : L a n d U s e a n d P l a n n i n g B o a r d B y - L a w s U p d a t e ) By-Laws Land Use and Planning Board 6 of 7 14. Amending By-Laws These by-laws may be amended at any Land Use and Planning Board meeting by four (4) members of the Land Use and Planning Board. All amendments to the by-laws shall be submitted to the Mayor and City Council for their information. 15. Posting Agendas, etc. The agendafollowing shall be posted in a conspicuous place in the City Hall on the City website at least 24 hours prior to scheduled meeting time.:. (A) The agenda shall be posted one week prior to the next meeting. (B) Such other matters as requested by the Board, the Chair, or the Secretary. 16. Code of Conduct (A) Prohibited Acts. Members of the Land Use and Planning Board are prohibited from: (1) Acting in a manner which would result in inefficiency, neglect of duty, misfeasance or malfeasance in office. (2) Acting in a manner to intentionally disrupt Board proceedings. (3) Missing 25% or more of the regularly scheduled meetings and workshops in a 12-month period without such absence bein g excused by the Board. (4) Using his or her position to secure special privileges or exemptions for himself, herself, or others. (5) Directly or indirectly giving or receiving or agreeing to receive compensation, gifts, rewards, or gratuities from any source, except the City of Kent, for a matter connected with or related to the services as a member of the Land Use and Planning Board, unless otherwise provided by law. 5.a Packet Pg. 10 At t a c h m e n t : L U P B _ B y - L a w s _ p r o p o s e d a m e n d m e n t s _ A R L R e v i e w 1 0 . 6 . 2 0 2 0 ( 2 4 4 6 : L a n d U s e a n d P l a n n i n g B o a r d B y - L a w s U p d a t e ) By-Laws Land Use and Planning Board 7 of 7 (6) Accepting employment or engaging in business or professional activities that he or she might reasonably expect would require or induce said member to disclose confidential information acquired by reason of his or her seat on the Land Use and Planning Board. (7) Disclosing confidential information gained by reason of his or her membership on the Land Use and Planning Board or otherwise using such information for his or her personal gain or benefit. (B) Violation of Code of Conduct: Whenever a member violates a provision of this Code of Conduct, the Board may reprimand said member by motion or by written document and/or may send a recommendation to the Mayor for dismissal from the Board pursuant to Kent City Code Section 2.57.020D which recommendation shall contain a statement setting forth the violation or violations alleged to have occurred as well as the facts relating to said violation or violations. KNOW ALL PERSONS BY THESE PRESENT: That the undersigned Secretary of the Land Use and Planning Board does hereby certify that the above and foregoing by-laws have been duly adopted by the members of said Board as the by-laws of said Board. ATTEST: BY: Charlene AndersonHayley Bonsteel, AICP, Secretary Land Use and Planning Board 5.a Packet Pg. 11 At t a c h m e n t : L U P B _ B y - L a w s _ p r o p o s e d a m e n d m e n t s _ A R L R e v i e w 1 0 . 6 . 2 0 2 0 ( 2 4 4 6 : L a n d U s e a n d P l a n n i n g B o a r d B y - L a w s U p d a t e ) ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE Kurt Hanson, Economic and Community Development Director 220 Fourth Avenue S, Kent, WA 98032 253-856-5454 DATE: October 12, 2020 TO: Land Use and Planning Board FROM: ECD SUBJECT: Isolation and Quarantine Facilities & Emergency Housing Facilities/Shelters Amendment MOTION: Recommend City Council approve the code amendment related to Isolation and Quarantine Facilities, Emergency Housing Facilities and Emergency Shelters as presented by staff. SUMMARY: A proposed zoning code amendment to address locational and permitting requirements for Isolation & Quarantine facilities, and to update locational requirements for emergency housing and shelters. Earlier discussions about this topic included potential supportive housing regulations, which are no longer included. Supportive Housing regulations will be taken up at a later date. BACKGROUND: The Covid-19 pandemic and its economic impact have created new and emerging housing needs for the City to consider. Isolation & Quarantine facilities are the most prominent among these and are a type of use not addressed in Kent’s zoning code. Isolation & Quarantine facilities provide temporary living quarters for people who may be infectious, but lack an appropriate alternative to their normal residence. Examples include, but are not limited to: those who live with elderly or otherwise vulnerable family members, those who lack physical space to isolate, those who live in group settings, travelers or anyone else who is unable to isolate at home. As with most other land uses, the City has the authority to evaluate the character and impacts of this type of use and determine where and under what circumstances the use should be allowed. As detailed in the attached ordinance, staff recommends allowing these uses in Kent’s industrial zones, where interaction between infectious people and the public is least likely. These proposed changes and additional operational and permitting requirements all aim to ensure that public health, safety and welfare is protected. This ordinance also includes changes to the City’s regulations for emergency housing and emergency shelters. These regulations were passed by the council in May 2020 in response to HB 1754. Proposed updates would limit emergency 6 Packet Pg. 12 housing facilities, (which are located in permanent buildings), to commercial zones that currently allow other types of housing, and prohibit these uses from commercial zones that do not already allow housing. Finally, while earlier discussions of this ordinance included the possibility of code changes to addressed long-term supportive housing, these changes are not included here. Supportive Housing is a complex topic that requires further consideration, and will be addressed at a later date. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Isolation and Quarantine Facility - Emergency Housing - 100820 - For Oct 12 LUPB (PDF) 6 Packet Pg. 13 1 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, recognizing isolation and quarantine facilities as a land use and designating the proper zoning districts and conditions therefore; amending the definitions of emergency housing facility and emergency shelter; reestablishing the zoning districts where emergency housing facilities may be located; and amending the definitions of hotel and motel. RECITALS A. Washington state law, through the Growth Management Act, recognizes that local governments are in the best position to determine appropriate land uses within their respective jurisdictions. B. On May 5, 2020, the City passed Ordinance 4358, which designated certain zones and conditions appropriate for the citing of emergency housing facilities and emergency shelters. The ordinance, which 6.a Packet Pg. 14 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 2 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities was passed to ensure compliance with HB 1745 (RCW 35A.21.360), identified the proper zones for emergency housing facilities and shelters. C. This ordinance amends the definitions of “emergency housing facility” and “emergency shelter” to better synchronize the definitions with the Kent City Code and address the addition of “isolation and quarantine facilities” (referred to below). D. In addition, the ordinance recognizes that emergency housing facilities may not always be associated with religious organizations, establishes more appropriate zones in which emergency housing facilities may be located, and establishes conditions for the citing of those facilities. The locations and conditions of emergency housing facilities and emergency shelters address the impacts of these facilities as recognized in Kent and other cities in the region. E. The COVID-19 virus has resulted in a declared need for facilities in which people can be sent to isolate and quarantine in order to control or prevent the spread of a dangerous, contagious, communicable or infectious disease, agent or contaminant. This ordinance recognizes this new land use called “Isolation and Quarantine Facility.” The code recognizes that these facilities are not appropriate for areas with the potential for significant human interaction due to the risk of spread of a dangerous, contagious, communicable or infectious disease, agent or contaminant. F. The ordinance also makes housekeeping changes to the definitions of “hotel” and “motel” and better aligns those definitions with state law. 6.a Packet Pg. 15 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 3 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Amendment KCC 15.02.131. Section 15.02.131 of the Kent City Code, entitled “Emergency Housing facility, emergency shelter,” is amended as follows: Sec. 15.02.131. Emergency housing facility, emergency shelter. Emergency housing facility means a facility operated to provide temporary housing within a permanent enclosed building for individuals who are otherwise homeless and have no immediate living housing options available to them. An “emergency housing facility” does not include “isolation and quarantine facilities” as defined in Chapter 15.02 KCC. Emergency shelter means a temporary structure, not permanently fixed to the ground, or not served by fixed permanent utilities, such as but not limited to tents, tiny houses, sheds, trailers, or recreational vehicles, operated to provide temporary shelter to individuals who are otherwise homeless and have no immediate living housing options available to them. An “emergency shelter” does not include “isolation and quarantine facilities” as defined in Chapter 15.02 KCC. SECTION 2. – Amendment KCC 15.02.200. Section 15.02.200 of the Kent City Code, entitled “Hotel” is amended as follows: 6.a Packet Pg. 16 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 4 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities Sec. 15.02.200. Hotel. Hotel means any building containing six (6) or more guestrooms which are intended or designed to be used or which are used, rented, or hired out to be occupied or which are occupied for sleeping purposes by guests. or group of buildings held out to the public to be an inn, hotel or public lodging house or place where sleeping accommodations, whether with or without meals, or the facilities for preparing the same, are furnished for in exchange for payment typically based on a per night and per room basis to transient guests, in which six or more rooms are used for the accommodation of such guests with a majority of the entrances to guest rooms on the inside of the building. Hotels do not include “short-term rentals” as defined in this chapter, nor do they include “dwelling units” or “premises” as defined and covered by Chapter 59.18 RCW, the Residential Landlord Tenant Act. SECTION 3. – New Section. A new Section 15.02.207 of the Kent City Code, entitled “Isolation and Quarantine Facility,” is hereby enacted as follows: Sec. 15.02.207. Isolation and Quarantine Facility. Isolation and quarantine facility means a building, trailer, tent, shed, recreational vehicle or any other permanent or temporary structure, used to house individuals who lack a suitable location to quarantine or isolate in order to control or prevent the spread of any dangerous, contagious, communicable or infectious disease agent or contaminant. SECTION 4. – Amendment KCC 15.02.270. Section 15.02.270 of the Kent City Code, entitled “Motel, including hotel and motor hotel,” is amended as follows: 6.a Packet Pg. 17 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 5 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities Sec. 15.02.720. Motel, including hotel and motor hotel. Motel, including hotel and motor hotel, means a building or group of buildings comprising individual sleeping or living units for the accommodation of transient guests for compensation. means any building or buildings held out to the public to be an inn, hotel or public lodging house or place where sleeping accommodations, whether with or without meals, or the facilities for preparing the same, are furnished in exchange for payment typically based on a per night and per room basis to transient guests, in which six or more rooms are used for the accommodation of such guests with a majority of entrances to guest rooms on the outside of the building. Motels do not include “short-term rentals” as defined in this chapter, nor do they include “dwelling units” or “premises” as defined and covered by Chapter 59.18 RCW, the Residential Landlord Tenant Act. SECTION 5. – Amendment KCC 15.04.020. Section 15.04.020 of the Kent City Code, entitled “Residential Land Uses,” is amended as follows: 6.a Packet Pg. 18 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 6 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities Sec. 15.04.020. Residential land uses. Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM GC I1 I2 I3 One single-family dwelling per lot P P P P P P P P P P P P P A (1) A (1) A (1) One duplex per lot P (27) P (27) P (27) P One modular home per lot P P P P P P P P P P P P Duplexes P (27) P (27) P (27) P (22) P P P P P Multifamily townhouse units P (27) P (27) P (27) P (19) (20) P (19) (20) P P P P (2) P (4) C (5) P P P P P (2) Multifamily dwellings P (26) P (26) P P P P (2) P (4) C (5) P P P P P (2) Mobile homes and manufactured homes P Mobile home parks P (13) P (13) P (13) P (13) P (13) P (13) P Group homes class I P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) Group homes class II-A C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) Group homes class II-B C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) Group homes class II-C C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) Group homes class III C (23) (32) C (23) (32) C (23) (32) C (23) (32) C (23) (32) C (23) (32) C (23) (32) C (23) (32) C (23) (32) Secure community transition facilities23, 24 C (23) (24) C (23) (24) Communal residences P (33) P (33) P (33) P (33) P (33) P (33) P (33) P (33) P (33) P (33) P (33) P (33) P (33) 6.a Packet Pg. 19 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 7 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM GC I1 I2 I3 Rebuild/accessory uses for existing dwellings P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) Transitional housing P (29) P (29) P (29) P (2) P (4) C (5) P P P P P (7) C (30) P (7) C (30) Short-term rentals A (34) A (34) A (34) A (34) A (34) A (34) A (34) A (34) A (34) A (34) Farm worker accommodations A (17) A (9) A (17) Accessory uses and structures customari ly appurtenant to a permitted use A A A (8) (18) A (8) (18) A (8) (18) A (8) (18) A (8) (18) A (18) A (18) A (18) A (18) A (18) A (18) A A A A A A A A A A A A Accessory dwelling units and guest cottages A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) Accessory living quarters A (14) A (14) A (14) A (14) A (14) A (14) A (14) A (14) A (14) A (14) A (14) A (14) Live-work units P (28) Home occupations A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) Service buildings A Storage of recreational vehicles A (16) A (16) A (16) A (16) A (16) A (16) A (16) A (16) A (16) A (16) A (16) A (16) A Drive-in churches C C C C C C C C C C C C C C C C C C C C C C C C Emergency housing facility; emergency shelter C (31) C (31) C (31) C (31) C (35) C (35) C (35) C (35) C (35) C (35) C (35) C (35) C (35) C (35) C (35) C (35) Independent senior living facilities C C C C C P (29) P (29) P (29) P (2) C (3) P (4) C (5) P P P P C P (2) C (3) Assisted living facilities C C C C C P (29) P (29) P (29) P (2) C (3) P (4) C (5) P P P P C P (2) C (3) Residential facilities with health care C C C C C P (29) P (29) P (29) P (2) C P (4) C P P P P C P (2) C 6.a Packet Pg. 20 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 8 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM GC I1 I2 I3 (3) (5) (3) Designated manufactured home P (25) P (25) P (25) P (25) P (25) P (25) P (25) P (25) P (25) P (25) P (25) P (25) P (25) Isolation and quarantine facilities C 36 C 36 C 36 6.a Packet Pg. 21 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 9 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities SECTION 6. – Amendment KCC 15.04.030. Section 15.04.030 of the Kent City Code, entitled “Residential land use development conditions,” is amended as follows Sec. 15.04.030 Residential land use development conditions. 1. Dwelling units, limited to not more than one per establishment, for security or maintenance personnel and their families, when located on the premises where they are employed in such capacity. No other residential use shall be permitted. 2. Multifamily residential uses, or other residential facilities where 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 to the following conditions: a. Must be located within one-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: 6.a Packet Pg. 22 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 10 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities 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; ii. Preschool, elementary, or secondary school (public or private); iii. Indoor recreational center (community center, senior center, physical recreation facility, bingo or casino hall); iv. Church, religious institution, or other place of worship; v. Cultural arts center (theater, concert hall, artistic, cultural, or other similar event center); vi. Retail services, including, but not limited to: medical services; food and beverage establishments; shopping centers; or other commercial services that are relevant (reasonably useful or germane) to the residents of the proposed facility, as determined by the city’s economic and community development director. b. Alternatively, if the facility provides amenities in one or more of the categories listed in 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. 6.a Packet Pg. 23 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 11 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities 4. Multifamily residential uses, or other residential facilities where allowed, when established in buildings with commercial or office uses, and not located on the ground floor. 5. Multifamily residential uses, or other residential facilities where allowed, when not combined with commercial or office uses. 6. Existing dwellings may be rebuilt, repaired, and otherwise changed for human occupancy. Accessory buildings for existing dwellings may be constructed subject to the provisions of KCC 15.08.160. 7. Transitional housing facilities, limited to a maximum of 20 residents at any one time, plus up to four resident staff. 8. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subject to the provisions of KCC 15.08.160. 9. Farm dwellings appurtenant to a principal agricultural use for the housing of farm owners, operators, or employees, but not accommodations for transient labor. 10. Accessory dwelling units shall not be included in calculating the maximum density. Accessory dwelling units are allowed only on the same 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. 6.a Packet Pg. 24 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 12 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities 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. 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. 6.a Packet Pg. 25 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 13 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities 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 6.a Packet Pg. 26 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 14 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities 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 600-foot 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 the 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 the line of sight. During the conditional use permit process for a secure community transition facility, the line of sight may be considered to be less than 600 feet if the applicant can demonstrate that visual barriers exist or can be created that would reduce the line of sight to less than 600 feet. This distance shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel or property or the land use district boundary line from which the proposed use is to be separated. For the purpose of granting a conditional use permit for a secure community transition facility, the hearing examiner shall give great weight to equitable distribution so that the city shall not be subject to a disproportionate share of similar facilities of a statewide, regional, or countywide nature. 25. A designated manufactured home is a permitted use with the following conditions: 6.a Packet Pg. 27 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 15 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities 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 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. 6.a Packet Pg. 28 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 16 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities 28. Live-work units; provided, that the following development standards shall apply for live-work units, in addition to those set forth in KCC 15.04.190: a. The unit shall contain a cooking space and sanitary facility in conformance with applicable building standards; b. Adequate and clearly defined working space must constitute no less than 50 percent of the gross floor area of the live-work unit. Said working space shall be reserved for and regularly used by one or more persons residing there; c. At least one resident in each live-work unit shall maintain at all times a valid city business license for a business on the premises; d. Persons who do not reside in the live-work unit may be employed in the live-work unit when the required parking is provided; e. Customer and client visits are allowed when the required parking is provided; f. No portion of a live-work unit may be separately rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises; g. [Reserved]; 6.a Packet Pg. 29 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 17 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities 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. 31. Emergency housing and emergency shelter facilities are allowed only in the MR-D, MR-G, MR-M, and MR-H zoning districts, in conjunction with an approved conditional use permit that satisfies the below conditions, and must satisfy the requirements of RCW 35A.21.360(10) prior to opening. a. General conditions. Emergency housing and emergency shelter facilities are subject to the following general conditions: i. The emergency housing or shelter facility must be located on the same lot as an actively operating church or similar religious institution. 6.a Packet Pg. 30 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 18 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities ii. At the time of application for the conditional use permit, there shall be no other approved emergency housing or shelter facility located within 1,000 feet of the proposed emergency housing or shelter facility site. For the purposes of this subsection, distance shall be measured in a straight line between the closest property line of the existing facility and the closest property line of the proposed facility. For purposes of this section, if the city receives applications for proposed facilities that are within 1,000 feet of each other, the first complete application received by the city shall be given priority. iii. An emergency housing facility and an emergency shelter facility may not be permitted on the same lot simultaneously. iv. Emergency housing and shelter facilities shall be permitted to operate for a maximum of 90 consecutive days, and there shall be a minimum period of 90 consecutive days between operational periods during which the emergency housing or shelter facility does not operate. The 90-day period of nonoperation shall apply to the operation of an emergency housing facility followed by an emergency shelter facility and vice versa. v. The building footprint of the emergency housing or shelter facility cannot exceed the building footprint of the church or similar religious institution that exists on the same lot. vi. The church or similar religious institution on the same lot as the emergency housing or shelter facility shall be primarily responsible 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 6.a Packet Pg. 31 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 19 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities 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. vii. The emergency housing or shelter facility shall comply with the setbacks and landscaping requirements for churches, as identified in KCC 15.08.020(A). viii. The possession or use of illegal drugs at an emergency housing or shelter facility or the property occupied by the facility is prohibited. ix. Emergency housing or shelter facilities shall be responsible for the safety of residents of the facility, and shall establish a plan to remove individuals who present a threat to other residents or the property of other residents. x. In the event of a public health emergency, the city may require an emergency response plan that is in substantial compliance with relevant guidance and requirements issued by Public Health – Seattle and King County in response to the public health emergency. xi. Emergency housing and shelter facilities must comply with all applicable fire and building codes set forth in Chapters 13.01 and 14.01 KCC. xii. The church or religious institution must provide the city written documentation of the following: 6.a Packet Pg. 32 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 20 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities (a) A description of the proposed staffing and operational characteristics, including confirmation of sanitation and basic safety measures required for emergency shelters. (b) A description of the proposed population to be served and code of conduct to be observed including conflict resolution steps. (c) Criteria for rejection or removal of an individual seeking access to the facility. (d) A plan for managing the exterior appearance of the proposed site including trash/litter. (e) A phone number, email, and point of contact at the site of the facility for the community to report concerns. (f) A plan for addressing reported concerns and documenting resolution, and making this information publicly available. (g) A proposed site plan showing compliance with all requirements set forth in this subsection (31) of this section and applicable fire and building codes set forth in Chapters 13.01 and 14.01 KCC. xiii. Emergency housing and shelter facilities must have two naloxone (Narcan) kits onsite, and staff must be trained in how to administer the naloxone (Narcan). 6.a Packet Pg. 33 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 21 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities xiv. The possession of any of the weapons described in RCW 9.41.280(1) at an emergency housing or shelter facility or the property occupied by the facility is prohibited. b. Emergency housing facilities – Additional conditions. Emergency housing facilities must operate pursuant to an agreement with the city, approved by the director of economic and community development, and are subject to the following additional conditions: i. The emergency housing facility must be located within a permanent, enclosed building. ii. The emergency housing facility must be located on a lot that is a minimum of one acre in size. c. Emergency shelter facilities – Additional conditions. Emergency shelter facilities must be located within a temporary structure as described below, and are subject to the following additional conditions: i. Emergency shelter facilities are limited to a maximum sleeping occupancy of 35 people. The design of the temporary structure shall include an occupant load factor of a minimum of 50 square feet per occupant and a three-foot aisle around the entire inside perimeter of the tent. ii. The emergency shelter facility must be located on a lot that is a minimum of two acres in size. 6.a Packet Pg. 34 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 22 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities iii. Emergency shelter facilities must be within a single, large temporary enclosure, such as a tensile membrane structure, or within multiple identical temporary enclosures, such as matching vinyl canvas tents, that are a minimum of 400 square feet in size. If the floor of a temporary enclosure does not provide insulation from the ground, camping cots or other off-ground sleeping structures must be provided. The use of small, individual tents or makeshift structures including, without limitation, those created with tarps or plastic is prohibited. iv. Gasoline-powered generators are prohibited. v. Smoking or open flames inside the temporary structure are prohibited, and the use of portable heaters within personal tents is prohibited. All heating equipment shall be in accordance with the adopted fire code. vi. Emergency shelter facilities shall provide sanitation and basic safety measures including the following: (a) One portable or permanent toilet per 20 persons at a minimum, with a handwashing station at each toilet. (b) Rodent-proof litter receptacles and food storage containers. (c) Two large first-aid kits that include emergency eye wash bottles. 6.a Packet Pg. 35 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 23 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities (d) Secured area for dry supplies storage (blankets, clothing, food, first-aid). (e) Covered kitchen area at least 20 feet from any sleeping areas, with handwashing and dishwashing stations stocked with soap. (f) Cleaning supplies including work gloves, disposable gloves, trash grabber-tool, disinfectant, hand sanitizer, masks, buckets, paper towels, etc. (g) Feminine hygiene products. (h) Three- to four-foot wide aisle between sleeping structures so as to be ADA compliant and accessible by emergency services personnel. 32. The following restrictions apply to all group homes: a. A group home is considered a single-family residential use and shall not be combined with another residential use on the same parcel including, but not limited to, a communal residence or short-term rental; b. A city of Kent business license is required in accordance with Chapter 5.01 KCC; c. The applicant is responsible for obtaining required state licenses and providing a copy of an up-to-date state license, or proof one is 6.a Packet Pg. 36 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 24 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities not required by the state, to the city of Kent prior to approval of a city business license; d. Family members of the provider may live in the group home, but such members are limited only to a spouse and children of the provider or spouse, and are subject to the background check requirements of WAC 388-73-10166 and 388-76-10161; and e. An accessory dwelling unit is permitted only if used as part of the operation of a group home and may not be leased or sub-leased to a separate family. 33. The following restrictions apply to all communal residences: a. A city of Kent business license is required in accordance with Chapter 5.01 KCC; b. No more than three rooms within the home or accessory structure may be separately leased or sub-leased; and c. Each room being leased or sub-leased shall have adequate space, light, electricity, heating, emergency egress, a smoke detector, and access to adequate sanitation and eating facilities pursuant to the International Residential Code and International Property Maintenance Code as adopted in Chapter 14.01 KCC. Adequate space means floor area of no less than 70 square feet in size, no less than seven feet of ceiling height and shall not have any horizontal dimension less than seven feet. Egress means 6.a Packet Pg. 37 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 25 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities one emergency escape rescue opening at least 5.7 square feet, 24 inches high and 20 inches wide. 34. The following restrictions apply to short-term rentals: a. A city of Kent business license is required in accordance with Chapter 5.01 KCC; b. The home shall be occupied by the owner or a nontransient tenant for at least six months of each year; c. No more than three rooms within the home or accessory structure may be offered as short-term rentals; and d. The applicant is responsible for complying with the short-term rental requirements of Chapter 64.37 RCW. 35. Subject to an approved conditional use permit meeting the conditions set forth below, Emergencyemergency housing facilities are allowed in the DC, DCE, MTC-1, MTC-2, and MCR zoning districts, and emergency shelters are not allowed in these same districts. only in conjunction with an approved conditional use permit, and must satisfy Prior to opening, the requirements of RCW 35A.21.360(10) prior to openingmust be satisfied, whether or not the owner or operator is a religious organization. a. General conditions. Emergency housing facilities are also subject to the following additional conditions: 6.a Packet Pg. 38 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 26 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities i. The emergency housing facility must be located within a permanent, enclosed building. ii. The emergency housing facility must be located on a lot that is a minimum of one acre in size. iii. Emergency housing facilities must operate pursuant to an agreement with the city, approved by the director of economic and community development. iv. At the time of application for the conditional use permit, there shall be no other approved emergency housing or shelter facility located within 1,000 feet of the proposed emergency housing facility site. For the purposes of this subsection, distance shall be measured in a straight line between the closest property line of the existing facility and the closest property line of the proposed facility. For purposes of this section, if the city receives applications for proposed facilities that are within 1,000 feet of each other, the first complete application received by the city shall be given priority. v. Emergency housing facilities shall be permitted to operate for a maximum of 90 consecutive days, and there shall be a minimum period of 90 consecutive days between operational periods during which the emergency housing facility does not operate. The 90-day period of nonoperation shall apply to the operation of any emergency housing facility followed by an emergency shelter facility and vice versa. 6.a Packet Pg. 39 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 27 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities vi. The person or organization that owns or operates the property facility shall be primarily responsible 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 person or organization contracts with a third party for the provision of any services related to the facility itself or its residents. vii. The emergency housing facility shall comply with the setbacks and landscaping requirements for churches, as identified in KCC 15.08.020(A). viii. The possession or use of illegal drugs at an emergency housing facility or the property occupied by the facility is prohibited. ix. Emergency housing facilities shall be responsible for the safety of residents of the facility, and shall establish a plan to remove individuals who present a threat to other residents or the property of other residents. x. In the event of a public health emergency, the city may require an emergency response plan that is in substantial compliance with relevant guidance and requirements issued by Public Health – Seattle and King County in response to the public health emergency. xi. Emergency housing facilities must comply with all applicable fire and building codes set forth in Chapters 13.01 and 14.01 KCC. 6.a Packet Pg. 40 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 28 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities xii. The owner or operator of the emergency housing facility must provide the city written documentation of the following: (a) A description of the proposed staffing and operational characteristics. (b) A description of the proposed population to be served and code of conduct to be observed including conflict resolution steps. (c) Criteria for rejection or removal of an individual seeking access to the facility. (d) A plan for managing the exterior appearance of the proposed site including trash/litter. (e) A phone number, email, and point of contact at the site of the facility for the community to report concerns. (f) A plan for addressing reported concerns and documenting resolution, and making this information publicly available. (g) A proposed site plan showing compliance with all requirements set forth in subsection (35) of this section and applicable fire and building codes set forth in Chapters 13.01 and 14.01 KCC. 6.a Packet Pg. 41 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 29 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities xiii. Emergency housing facilities must have two naloxone (Narcan) kits on site, and staff must be trained in how to administer the naloxone (Narcan). xiv. The possession of any of the weapons described in RCW 9.41.280(1) at an emergency housing or shelter facility or the property occupied by the facility is prohibited. 36. Isolation and quarantine facilities are subject to the following general conditions: a. An isolation and quarantine facility may operate under a temporary use permit for 180 days as authorized by KCC 15.08.205. Any use beyond 180 days requires a conditional use permit in accordance with KCC. b. A minimum six-foot tall perimeter fence with controlled access shall be installed prior to operation of the facility. c. On-site security personnel shall be present 24 hours a day, seven days a week to discourage quarantined or isolated individuals from leaving the facility and to control access. d. The operator shall provide meals, medical services, supplies, and counseling, and other services as needed to individuals housed at the facility. 6.a Packet Pg. 42 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 30 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities e. The operator shall provide any necessary medical transportation service. f. The operator shall provide transportation for residents to and from the facility to ensure they are not reliant on public transportation. g. The possession or use of illegal drugs at an isolation and quarantine facility or the property occupied by the facility is prohibited. h. The facility will comply with applicable state and local building, plumbing, electrical, mechanical, utilities, and fire code requirements during operation of the temporary quarantine and isolation facility. i. Prior to the issuance of a temporary use permit or a conditional use permit, the operator of the isolation and quarantine facility shall provide the city a written operational plan that includes: i. A plan for meeting the general conditions listed in subsection 36. ii. A description of the proposed staffing and operational characteristics. iii. A description of the proposed population to be served. iv. A phone number, email, and point of contact at the site of the facility for the community to report concerns. 6.a Packet Pg. 43 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 31 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities v. A plan for addressing reported concerns and documenting resolution, and making this information publicly available. vi. A plan for transporting individuals back to their location of residence following the completion of the isolation or quarantine period. SECTION 7. – Amendment KCC 15.08.205. Section 15.08.205 of the Kent City Code, entitled “Temporary use regulations,” is amended as follows Sec. 15.08.205. Temporary use regulations. This section shall be known as the temporary use regulations. Provisions authorizing temporary uses are intended to permit occasional temporary uses, activities, and structures when consistent with the purpose of this title and when compatible with the general vicinity and adjacent uses. A. Permitted uses. The following types of temporary uses, activities, and associated structures may be authorized, subject to specific limitations in this section and such additional conditions as may be established by the planning director: 1. Model homes or apartments and related real estate sales and display activities located within the subdivision or residential development to which they pertain. 6.a Packet Pg. 44 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 32 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities 2. Contractor’s office, storage yard, and equipment parking and servicing on the site of an active construction project. 3. Circuses, carnivals, rodeos, fairs, or similar transient amusement or recreational activities. 4. Indoor or outdoor art and craft shows and exhibits. 5. Christmas tree sales lots, fireworks, and flower stands, limited to location on lots not used for residential purposes in commercial or industrial zoning districts. 6. Mobile home residences used for occupancy by supervisory and security personnel on the site of an active construction project. 7. Mobile home residential units used for occupancy of security personnel when not otherwise allowed as an accessory use. 8. Indoor or outdoor special sales, including swap meets, flea markets, parking lot sales, warehouse sales, or similar activities, limited to locations on lots not used for residential purposes in commercial or industrial districts, and when operated not more than ten (10) days in the same month, unless otherwise permitted by the city. 9. Temporary use of mobile trailer units or similar portable structures for nonresidential purposes, located in districts where the use is a permitted use. 6.a Packet Pg. 45 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 33 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities 10. Seasonal retail sales of agricultural or horticultural products raised or produced off the premises, to be permitted in commercial or industrial zoning districts only. 11. Temporary signs relating directly to the temporary uses described in this section, which may be permitted for a period not to exceed the operation of the use. The signs may be portable in nature and must be placed on the premises. No off-premises signs are permitted. No more than two (2) signs per use shall be permitted and no sign shall exceed a thirty- two (32) square feet total of all faces. Maximum sign height shall be eight (8) feet. No sign permit shall be required. 12. Garage sales, moving sales, and similar activities for the sale of personal belongings when operated not more than three (3) days in the same week or more than twice in the same calendar year. No permit is required. 13. Fund-raising carwashes. No permit is required; however, a car wash kit from public works operations is required. 14. Isolation and quarantine facilities in the I1, I2 and I3 zoning districts for a period not to exceed 180 days unless approved through a conditional use permit. 1415. The planning director may authorize additional temporary uses not listed in this subsection when it is found that the proposed uses are in compliance with the requirements and findings of subsection (C) of this section. 6.a Packet Pg. 46 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 34 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities B. Conditions of temporary use. 1. Each site occupied by a temporary use shall be left free of debris, litter, or other evidence of temporary use upon completion or removal of the use. 2. A temporary use conducted in a parking facility shall not occupy or remove from availability more than twenty-five (25) percent of the spaces required for the permanent use, except in the downtown commercial (DC- 1) zoning district or as approved by the city council. 3. Each site occupied by a temporary use must provide or have available sufficient off-street parking and vehicular maneuvering area for customers. Such parking need not comply with the development requirements of Chapter 15.05 KCC, but must provide safe and efficient interior circulation and ingress and egress from the public right-of-way. 4. No temporary use shall occupy or use public rights-of-way, parks, or other public lands in any manner unless specifically approved by the city council. 5. No temporary use shall occupy a site or operate within the city for more than ninety (90) days within any calendar year, except as follows: a. When authorized by the planning director, a temporary use may operate an additional ninety (90) days if it is found that such an 6.a Packet Pg. 47 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 35 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities extension will be consistent with the requirements of subsection (C) of this section. b. When authorized by the hearing examiner, a temporary use may operate an additional one (1) year if it is found that such an extension will be consistent with the requirements of subsection (C) of this section. 6. All signs shall comply with the requirements of Chapter 15.06 KCC, pertaining to sign regulations, except as otherwise specified in this section. 7. All temporary uses shall obtain, prior to occupancy of the site or culmination of activities, all required city permits, licenses or other approvals, e.g., business license, building permit, zoning permit, etc. 8. The planning director may establish such additional conditions as may be deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses. These include but are not limited to time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening or enclosure, and guarantees for site restoration and cleanup following temporary use. C. Determinations. The planning director may authorize the temporary uses described in subsection (A) of this section after consultation and coordination with all other applicable city departments and other agencies and only when the following determinations can be made: 6.a Packet Pg. 48 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 36 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities 1. The temporary use will not impair the normal, safe, and effective operation of a permanent use on the same site. 2. The temporary use will be compatible with uses in the general vicinity and on adjacent properties. 3. The temporary use will not impact public health, safety, or convenience, or create traffic hazards or congestion, or otherwise interrupt or interfere with the normal conduct of uses and activities in the vicinity. 4. The use and associated structures and living quarters will be conducted and used in a manner compatible with the surrounding area. 5. The temporary use shall comply with all applicable standards of the Seattle King County health department. D. Application and authorization. 1. Application to conduct a temporary use shall be made to the planning department, and shall include such information as the planning director may require to evaluate the use and to make the determinations required by this section. 2. Application shall be made prior to the requested date for commencement of the temporary use, and the planning director shall make a determination whether to approve, approve conditionally, or deny the temporary use within ten (10) days after the date of application. 6.a Packet Pg. 49 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 37 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities 3. Authorization of a temporary use shall be by issuance of a zoning permit. 4. A temporary use authorized pursuant to this section shall not be exempted or relieved from compliance with any other ordinance, law, permit, or license applicable to such use, except where specifically noted. SECTION 8. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 9. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 10. – Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage as provided by law. DANA RALPH, MAYOR Date Approved ATTEST: 6.a Packet Pg. 50 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & 38 Amend Title 15 KCC Emergency Housing and Isolation/Quarantine Facilities KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 6.a Packet Pg. 51 At t a c h m e n t : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t y - E m e r g e n c y H o u s i n g - 1 0 0 8 2 0 - F o r O c t 1 2 L U P B ( 2 4 1 9 : I s o l a t i o n a n d Q u a r a n t i n e F a c i l i t i e s & ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE Kurt Hanson, Economic and Community Development Director 220 Fourth Avenue S, Kent, WA 98032 253-856-5454 DATE: October 12, 2020 TO: Land Use and Planning Board FROM: ECD SUBJECT: Recreation Facilities: Amendment to KCC 12.04.060 & 15.09.045 SUMMARY: Recreation space is required in subdivisions and most multifamily projects to provide Kent residents with convenient opportunities for passive and active outdoor recreation. While the city’s current standards in KCC 12.04.060 and 15.09.045 effectively provide minimum space and location requirements, they lack detail in relation to equipment type and material quality. This causes unpredictability for applicants and often results in construction of park facilities of poor quality, limited longevity, and/or diminished utility. Further, many developers choose to place recreation facilities atop underground stormwater vaults, which were not previously allowed by the City, posing new design challenges that were not considered in the current standards. Staff researched best practices, conferred with experts in our Parks Department, and collected feedback from the Master Builders Association. The proposed amendment is intended to provide clearer guidance for City staff and applicants, respond to changes in stormwater facilities design, and improve the value and utility of recreation spaces for Kent residents. Staff will be available at the October 12th meeting to discuss the proposal and answer questions. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Rec Facilities Code Draft_9-30_LUPB.doc (PDF) 7 Packet Pg. 52 12.04.060 Onsite recreation and open space requirements. A. Approval of all subdivisions and short subdivisions located in single-family residential zones as defined in KCC Title 15, Zoning, shall be contingent upon the subdivider’s creation and development of onsite recreation space or paying approved fees in lieu of these provisions to the city, as necessary to mitigate the adverse effects of development upon the existing park and recreation service levels. This requirement shall n ot apply to (1) dwelling units on lots being created that include forty-three thousand five hundred sixty (43,560) square feet or more, and (2) planned unit developments. B. When required, residential subdivisions and short subdivisions shall provide recreation space for leisure, play, and sport activities as follows: four hundred fifty (450) square feet per dwelling unit . C. Recreation space shall be placed in a designated recreation space tract or tracts. The tract(s) shall be owned by a homeowners’ association or other workable organization acceptable to the planning manager to provide continued maintenance of the recreation space tract. D. Recreation space located outdoors and not part of a stormwater tract developed in accordance with subsection (F) of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five (5) percent or as otherwise approved by the planning manager and parks and community services director; 2. Be on the site of the proposed development unless otherwise approved by the planning manager and parks and community services director; 3. Be located in an area where the topography, soils, hydrology, and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation; 4. Be centrally located or accessible and convenient to the majority of residents within the development; 5. Have good visibility from streets and sidewalks; 6. Have no dimensions less than thirty (30) feet, except trail segments or as otherwise approved by the planning manager and parks and community services director; 7. Be located in one (1) designated area, unless the planning manager and parks and community services director determine that t he residents of a large subdivision, townhouse development, or apartment development would be better served by multiple areas developed with recreation or play facilities; and 8. Be accessible, via trail or walkway, to any existing or planned municipal, county, or regional park; public open space; or trail system adjacent to the subdivision or short subdivision. 9. Include seating such as benches or picnic tables. One bench is required per every 10 units in the plat. One picnic table may count for two benches. All furnishings must be of a durable commercial-grade type and design and shall be constructed of powder-coated or galvanized steel, or recycled plastic lumber materials. Seating shall not count toward the recreation facilities required by Section XXXX. 7.a Packet Pg. 53 At t a c h m e n t : R e c F a c i l i t i e s C o d e D r a f t _ 9 - 3 0 _ L U P B . d o c ( 2 4 1 8 : R e c r e a t i o n F a c i l i t i e s : A m e n d m e n t t o K C C 1 2 . 0 4 . 0 6 0 & 1 5 . 0 9 . 0 4 5 ) 10. Include trees and landscaping that buffers neighboring residences from the recreation area, shades play areas and equipment, and enhances the aesthetic and natural functions of the recreation area. Trees and landscaping shall not diminish or impede the o pen play area to be provided. E. Recreation space shall be improved with both active and passive areas designed for leisure, play, and sport activities. Play equipment or other age- appropriate facilities, as approved by the city parks and community services director, shall be provided within the recreation space areas. In the administration of this requirement, the department may develop supplementary handbooks for the public, which may pictorially illustrate and provide additional guidance on the design and installation of recreation space(s) and facilities. Active recreation improvements shall be included as follows: 1. For developments of twenty-five (25) or less dwelling units, at least one (1) of the following recreation facilities shall be provided in addition to a tot lot or children’s play area and an open play lawn area. a. Playground equipment; playground equipment shall be certified by the International Play Equipment Manufacturers Association, and shall be installed to comply with the American Society of Testing and Materials (ASTM) Standards. Warranty of purchased play equipment shall be transferred to the homeowners and shall ensure that a play structure’s longevity is a minimum of ten years. Playground equipment shall incorporate play elements for both ages 2-5 and 5-12, and shall offer a variety of play elements to include, but not limited to, climbers, rotating equipment, slides, overhead ladders, swings, and net climbers. Playground surfacing should comply with ASTM standards and playground borders should be concrete. Underdrainage for playground areas shall be provided where placed atop a stormwater vault structure or other stormwater feature. b. Sport court; paving for sport courts shall be XXXXX asphalt or concrete. Sport courts shall be painted to include lines for court games such as basketball, pickleball, tennis, four-square, etc and shall be coated with an anti-slip court surfacing. Fixed sport equipment such as basketball hoops, pickleball or tennis nets, etc shall be XXXX. Sport courts shall be located away from arterial or collector streets. Tall fencing shall be provided to separate sport courts from adjacent streets, private properties, or sloped areas. Fencing shall be of black vinyl-coated chain link construction unless otherwise approved by the City. c. Sport field; Open lawn area; approximately 1/3 of the required open space shall be open lawn area planted with grass to provide space for sport or other open play opportunities. This area should be flat and rectangular in shape to the maximum extent feasible. Irrigation of a type that will not diminish safety for users of this open play area shall be provided for maintenance of this open lawn area. d. Tennis court; or e. Any other recreation facility proposed by the applicant and approved by the parks and community services director; 2. For developments of twenty-six (26) to fifty (50) dwelling units, at least two (2) or more of the recreation facilities listed in subsection (E)(1) of this section shall be provided in addition to a tot lot or children’s play area and an open play lawn area; and 3. For developments of more than fifty (50) dwelling units, at least one (1) additional recreation facility listed in subsection (E)(1) of this section shall be provided for every additional twenty-five (25) dwelling units, in addition to a tot lot or children’s play area and an open play lawn area. 7.a Packet Pg. 54 At t a c h m e n t : R e c F a c i l i t i e s C o d e D r a f t _ 9 - 3 0 _ L U P B . d o c ( 2 4 1 8 : R e c r e a t i o n F a c i l i t i e s : A m e n d m e n t t o K C C 1 2 . 0 4 . 0 6 0 & 1 5 . 0 9 . 0 4 5 ) F. At the City’s discretion, the required recreation space may be placed in a stormwater tract where an underground vault(s) is utilitized for stormwater detention or treatment instead of a surface pond(s), subject to the following: 1. The dual purpose of this tract shall be described on the recorded plat; 2. Areas containing paved access driveways or above-ground equipment associated with the underground stormwater vault such as vents or manholes shall not count toward the required minimum recreation space; 3. Any above-ground stormwater facilities in or near an active recreation area shall be screened or separated from active play areas with fencing and ten (10) feet of Type II landscaping per KCC 15.07.040.B(8) for safety; 4. Adequate soil coverage and underdrainage shall be provided between any underground stormwater facilities and open space or play areas. This shall be comprised of XXXXX topsoil? Gravel? Other guidance? Perhaps the details are best left to a separate guidanc e document?; 5. Recreation equipment shall be secured to the top of the vault lid by XXXX; and 6. Vents or grates associated with the vault shall have openings no larger than XXXX to avoid children and pet feet falling thro ugh. F. G. Recreation areas that are contained within the onsite stormwater tracts which contain a surface pond(s), but are located outside of the one hundred (100) year design water surface, may be credited for up to fifty (50) percent of the required square footage of the o nsite recreation space requirement on a foot-per-foot basis, subject to the following criteria: 1. The stormwater tract and any onsite recreation tract shall be contiguously located. At final plat recording, contiguous storm water and recreation tracts shall be recorded as one (1) tract and owned by the homeowners’ association or other organization as approved by the planning director; and 2. Unless otherwise approved by the public works department, the drainage facility shall be constructed to meet the requirements of the City of Kent Surface Water Design Manual and the following conditions: a. The side slope of the drainage facility shall not exceed the ratio of three (3) feet horizontal to one (1) foot vertical unless slopes are existing, natural, and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas, and aesthetic viewing; and d. The drainage facility shall be designed not to require fencing under the city’s adopted surface water design manual. G H. When a tract is a joint use tract for a drainage facility and recreation space, as referenced in subsection XXXXX (F)(1) of this section, the city shall not be responsible for maintenance of the recreation space. 7.a Packet Pg. 55 At t a c h m e n t : R e c F a c i l i t i e s C o d e D r a f t _ 9 - 3 0 _ L U P B . d o c ( 2 4 1 8 : R e c r e a t i o n F a c i l i t i e s : A m e n d m e n t t o K C C 1 2 . 0 4 . 0 6 0 & 1 5 . 0 9 . 0 4 5 ) H I. A recreation space plan shall be submitted to Planning Services and reviewed and approved with engineering plans. If combined with a stormwater tract, the plan shall also be reviewed and approved by Development Engineering. 1. The recreation space plan shall address all portions of the site that will be used to meet recreation space requirements of this section, including the drainage facility if applicable. The plans shall show dimensions, finished grade, equipment, landscaping, surfaces, and improvements, as required by the planning director and parks and community services director, to demonstrate that the requirements of the onsite recreation space for this chapter have been met. 2. For combined stormwater/recreation tracts, if engineering plans indicate that the onsite drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation space plan shall show how the required minimum recreation space under this section will be met with the new larger storm facility. (Ord. No. 3830, § 2, 3-6-07; Ord. No. 3906, § 1, 1-6-09) 7.a Packet Pg. 56 At t a c h m e n t : R e c F a c i l i t i e s C o d e D r a f t _ 9 - 3 0 _ L U P B . d o c ( 2 4 1 8 : R e c r e a t i o n F a c i l i t i e s : A m e n d m e n t t o K C C 1 2 . 0 4 . 0 6 0 & 1 5 . 0 9 . 0 4 5 ) 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 pla nning 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 use, which is statutorily authorized. Application of the multifamily design process to the design criteria adopted in this section is established as an administrative function delegated to the pla nning 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. This design review shall be applied administratively as part of the building permit review process for each new home. 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, unless otherwise approved by the planning director based on existing context of surrounding development. 2. Attached units. A building that contains a grouping of attached units shall not exceed a 200-foot maximum length and shall be separated from other groups of attached units by a minimum 15 feet. 3. Architecture. Each dwelling unit facade that faces a public area shall, at a minimum, incorporate architectural elements as follows: a. Two elements of facade modulation or roofline variation. Facade 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 element of either facade modulation or roofline variation shall be 20 feet; and c. Three 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. D. Multifamily design review. The planning services division shall use the multifamily design guidelines as an adopted element of the city’s regulation of land use, which is statutorily authorized, in the evaluation or conditioning of applications under the multifamily design review process. E. [Reserved]. 7.a Packet Pg. 57 At t a c h m e n t : R e c F a c i l i t i e s C o d e D r a f t _ 9 - 3 0 _ L U P B . d o c ( 2 4 1 8 : R e c r e a t i o n F a c i l i t i e s : A m e n d m e n t t o K C C 1 2 . 0 4 . 0 6 0 & 1 5 . 0 9 . 0 4 5 ) 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: a. Some common recreation space roofs, terraces, indoor rooms, courtyards. b. Lighting features that are shielded, directing light downwards. 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 obvious, generous entrance, within features suggesting a “front door,” for 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. 3. The following criteria shall apply to mixed use buildings with a residential component: a. Parking lots, if used, should be divided into small increments, separated by landscaping and structures, so that parking does not dominate the site. b. Articulated by use of different materials, generous windows with low sill heights, “store” doors, canopies, and 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 f loor 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. 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 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. b. Open space. Residential development shall provide not less than 20 percent of the gross land area for common open space, which shall be: i. Designed to provide either passive or active recreation; 7.a Packet Pg. 58 At t a c h m e n t : R e c F a c i l i t i e s C o d e D r a f t _ 9 - 3 0 _ L U P B . d o c ( 2 4 1 8 : R e c r e a t i o n F a c i l i t i e s : A m e n d m e n t t o K C C 1 2 . 0 4 . 0 6 0 & 1 5 . 0 9 . 0 4 5 ) ii. If under one 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 a gainst the homeowners’ association; or iv. Dedicated for public use if accepted by the city legislative authority or other appropriate public agency. c. Storage of recreational vehicles. The storage or parking of recreational vehicles shall be prohibited. H. Open and recreation space. the following guidelines apply to design and construction of open and recreation space that is required by D, F, or G, of this Section: 1. Seating. Active or passive open spaces shall Include seating such as benches or picnic tables. All furnishings must be of a durable commercial-grade type and design and shall be constructed of powder-coated or galvanized steel, or recycled plastic lumber materials. 2. Open lawn area; approximately 1/3 of the required open space shall be open lawn area planted with grass to provide space for sport or other open play opportunities. This area should be flat and rectangular in shape to the maximum extent feasible. Irrigation of a type that will not diminish safety for users of this open play area shall be provided for maintenance of this open lawn area. 3. .Landscaping. Active or passive open spaces shall include trees and landscaping that buffers neighboring residences from the recreation area, shades play areas and equipment, and enhances the aesthetic and natural functions of the recreation area. Trees and landscaping shall not diminish or impede any open play area to be provided. 4. Playground equipment. Playground equipment shall be certified by the International Play Equipment Manufacturers Association, and shall be installed to comply with the American Society of Testing and Materials (ASTM) Standards. Playground equipment shall incorporate play elements for both ages 2-5 and 5-12, and should offer a variety of play elements to include, but not limited to, climbers, rotating equipment, slides, overhead ladders, swings, and net climbers. Playground surfacing shall comply with ATSM standards and playground borders should be concrete. Underdrainage for playground areas shall be provided where placed atop a stormwater vault structure or other stormwater feature. 5. Sport courts; Paving for sport courts shall be XXXXX asphalt or concrete. Sport courts shall be painted to include lines for court games such as basketball, pickleball, tennis, four-square, etc and shall be coated with an anti-slip court surfacing. Fixed sport equipment shall be XXXX. Sport courts should be located away from arterial or collector streets. Tall fencing should be provided to separate sport courts from adjacent streets, parking lots, private properties, or sloped areas. Fencing shall be of black vinyl-coated chain link construction unless otherwise approved by the City. 6. Stormwater facilities. Where required open space is provided atop an underground stormwater vault, any areas containing paving or above-ground equipment associated with the underground stormwater vault such as vents or manholes shall not count toward the minimum requi red open and recreation space area. Any above-ground stormwater facilities in or near an active recreation area shall be screened or separated from active play areas for safety. Adequate soil coverage and underdrainage shall be provided between any underground stormwater facilities and open space or play areas. This shall be comprised of XXXXX topsoil? Gravel? Other guidance? Perhaps the details are best left to a separate guidance document? 7.a Packet Pg. 59 At t a c h m e n t : R e c F a c i l i t i e s C o d e D r a f t _ 9 - 3 0 _ L U P B . d o c ( 2 4 1 8 : R e c r e a t i o n F a c i l i t i e s : A m e n d m e n t t o K C C 1 2 . 0 4 . 0 6 0 & 1 5 . 0 9 . 0 4 5 )