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.
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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
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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
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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)
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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
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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
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(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.
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(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.
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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.
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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.
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(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
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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
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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)
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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
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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.
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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:
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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:
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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:
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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)
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Emergency Housing and
Isolation/Quarantine Facilities
Zoning Districts
Key
P = Principally Permitted Uses
S = Special Uses
C = Conditional Uses
A = Accessory Uses
A-10
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SR
-1
SR
-3
SR
-4.
5
SR
-6
SR
-8
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6
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P
NC
C
CC
DC
DC
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MT
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-1
MT
C
-2
MC
R
CM
GC
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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
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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
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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:
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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.
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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.
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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
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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
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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:
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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
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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];
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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.
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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
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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:
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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).
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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.
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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.
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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
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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
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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:
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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.
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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:
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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
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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)
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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.
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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.
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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.
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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)
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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].
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F. Mixed use design review. The planning services division shall use the following criteria in the evaluation and/or conditioning of applications under the
mixed use design review process when a project includes residential use:
1. The following criteria should apply to all mixed use with a residential component development:
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
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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
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