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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 05/14/2018Land Use and Planning Board Workshop Agenda Board Members: Paul Hintz, Chair; Katherine Jones, Vice Chair; Gwen Allen-Carston; Shane Amodei; Frank Cornelius; Dale Hartman; Ali Shasti May 14, 2018 7 p.m. Item Description Action Speaker Time Page 1.Call to order Chair Hintz 1 min 2.Roll call Chair Hintz 1 min 3.Added Items Chair Hintz 2 min 4.Communications Chair Hintz 5 min 5.Notice of upcoming meetings Chair Hintz 5 min 6.PUBLIC WORKSHOP CPA-2017-5 – Uddin YES Hayley Bonsteel 20 min 2 7.PUBLIC HEARING: Urban Separators Alternatives [ZCA-2016-2] NO Danielle Butsick 50 min 9.ADJOURNMENT YES Chair Hintz Unless otherwise noted, the Land Use and Planning Board meets at 7 p.m. on the second and fourth Mondays of each month in Kent City Hall, Council Chambers West and East, 220 Fourth Ave S, Kent, WA 98032. The public is invited to attend and all interested persons will have an opportunity to speak at the public hearing, provided, however, that comments shall be limited to only those items for which the public hearing is being held. Any person wishing to submit oral or written comments on the proposed amendments under consideration at the public hearing may do so at the hearing or prior to the hearing by email to Hayley Bonsteel at: hbonsteel@kentwa.gov or Danielle Butsick at: dbutsick@kentwa.gov. Documents pertaining to the Land Use and Planning Board may be accessed at the City’s website: http://kentwa.iqm2.com/citizens/Default.aspx?DepartmentID=1004. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-856- 5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1- 800-833-6388. 16 8.SUMMER RETREAT Scheduling NO Hayley Bonsteel 5 min ECONOMIC & COMMUNITY DEVELOPMENT Kurt Hanson, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue South Kent, WA 98032-5895 Date: May 14, 2018 To: Chair Paul Hintz and Land Use and Planning Board Members From: Hayley Bonsteel, AICP, Long Range Planning Manager Re: Outstanding 2017 Comprehensive Plan Amendment Motion: Recommend to the City Council approval of the application for amendment to the City of Kent Comprehensive Plan land use map for CPA- 2017-5, from Single Family- 8 to Medium Density Multifamily. SUMMARY: Three applications were submitted to the docket in 2017 requesting land use map designation changes in the Comprehensive Plan. The Land Use and Planning Board held the public hearing for these three items on March 26, 2018, and requested more information before acting on item CPA-2017-5. This application for nine properties on East Hill to be redesignated from Single Familiy to Multifamily was initially proposed to be denied by staff based on the combination of two factors: presence of large wetlands on the northwest part of the site and lack of property owner interest in the southeast part of the site—this combination seemed likely to limit the quality of future development. However, after the public hearing the applicant provided information regarding an accepted wetland delineation report that supersedes the wetland data originally analyzed. This report shows no western wetland. Additionally, staff sent certified mail to both properties and the applicant provided information showing contact attempts to those properties; it appears that one of the property owners is recently deceased. This new information has caused staff to change the recommendation to approval, as a unified development concept seems more likely, with less potential to negatively impact the property owners who have not signed on to the application. BUDGET IMPACT: None BE:pm P:\Planning\Hayley\Comp Plan\CPA LUPB 2.12.18memo.docx Enc: Draft Ordinance with Exhibits SEPA Addendum Applicant’s Contact Attempt Log cc: Kurt Hanson, Economic & Community Development Director 2 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending the Comprehensive Plan Land Use Plan Map designations in compliance with the requirements of the Growth Management Act (CPA-2017-4, CPA- 2017-5, CPA-2017-6). RECITALS A. The Washington State Growth Management Act (“GMA”) requires internal consistency among comprehensive plan elements. B. To assure that comprehensive plans remain relevant and up to date, the GMA requires each jurisdiction to establish procedures whereby amendments to the plan are considered by the city council, and limits these amendments to once each year unless certain circumstances exist. C. The City of Kent has established a procedure for amending the Comprehensive Plan in chapter 12.02 of the Kent City Code, which sets a deadline of September 1st of each year for submittal of requests for comprehensive plan amendments. D. The city received three timely applications to amend the comprehensive plan’s land use designation map. The applications involve parcels located at: (1) 25601 and 25611 100th Pl SE (CPA- 2017-4), (2) 25913, 26007, 26015, 26041 and 26047 116th Ave SE, 3 and 11404, 11426 and 11504 SE Kent Kangley Rd (CPA-2017-5), and (3) 2526 S 272nd Street (CPA-2017-6). E. The parcels located at 25601 and 25611 100th Pl SE are currently designated Single Family Residential, eight units per acre (SR-8), and the applicants are requesting a plan designation of Mixed Use (MU) (CPA-2017-4). F. The parcels located at 116th Ave SE and Kent Kangley are currently designated Single Family Residential, eight units per acre (SR-8), and the applicants are requesting a plan designation of Medium Density Multifamily (MDMF) (CPA-2017-5). G. The parcel located at 2526 S 272nd Street is currently designation Mixed Use (MU) on the south half and Low Density Multifamily (LDMF) on the north half. The applicants are requesting a plan designation of Commercial (C) on the north half. H. The City of Kent Land Use and Planning Board considered these amendment requests at a regularly scheduled workshop on February 12, 2018, and at a public hearing on March 26, 2018, as well as at a workshop on May 14, 2018. The Economic and Community Development Committee considered the applications at its meeting on June 11, 2018. I. The City’s SEPA responsible official issued a SEPA Addendum for the proposed amendments on March 8, 2018. J. On February 20, 2018, the Washington State Department of Commerce granted expedited review for the proposed amendments. No comments were received. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE 4 SECTION 1. - Incorporation of Recitals. The preceding recitals are incorporated herein by this reference and constitute the city council’s findings on this matter. SECTION 2. – Amendment. The Kent Comprehensive Plan is hereby amended to establish new land use plan map designations for the following parcels: A. For the property located at 25601 and 25611 100th Pl SE, from a land use designation of Single Family Residential, eight units per acre (SF-8) to a land use designation of Mixed Use (MU), as depicted in the map attached and incorporated as Exhibit “A” (CPA-2017-4), with the following condition: construction of a private street to provide safe access (meeting the requirements of the City of Kent Design and Construction Standards) to the public ROW (101st Ave SE) for the subject parcels and other 8 single family lots to the south, and removal of the private street connection to 256th Street. B. For the properties located at 25913, 26007, 26015, 26041 and 26047 116th Avenue SE, and at 11404, 11426 and 11504 SE Kent Kangley Road, from a land use designation of Single Family Residential, eight units per acre (SF-8) to a land use designation of Medium Density Multifamily (MDMF), as depicted in the map attached and incorporated as Exhibit “B” (CPA-2017-5). C. For the property located at 2526 S 272nd Street, from a land use designation of Low Density Multifamily (LDMF) to a land use designation of Mixed Use (MU), as depicted in the map attached and incorporated as Exhibit “C” (CPA-2017-6). SECTION 3. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such 5 decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. – Corrections by City Clerk or Code Reviser. Upon 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 5. – 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: KIMBERLY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 6 7 8 9 ECONOMIC & COMMUNITY DEVELOPMENT Kurt Hanson, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 May 5, 2018 TO: Chair Hintz and Members of the Land Use and Planning Board FROM: Danielle Butsick, Sr. Long-Range Planner/GIS Coordinator RE: Urban Separators Project For Meeting of May 14, 2018 SUMMARY: The City received requests from property owners during the 2014 and 2015 comprehensive plan amendment docket process to consider changes to zoning or allowed development density of Urban Separator parcels. City Council approved the addition of an Urban Separators analysis to the department’s work plan starting in 2017. Staff completed an inventory and characterization report of existing Urban Separators parcels, a consistency review to assess relevant policies, and conducted public outreach in a variety of formats and venues. Based on the results of the public outreach process and consistent with Kent’s comprehensive plan policies, staff has developed three policy alternatives: 1) no changes; 2) amend land use plan map and zoning designations for a portion of the urban separator area west of Panther Lake along 108th Avenue SE; and 3) amend clustering requirements and allowed uses in urban separators and the SR-1 zoning district. Staff will present the alternatives at the May 14 meeting. BACKGROUND: Kent’s comprehensive plan and King County Countywide Planning Policies designate certain areas in the city as Urban Separators. These areas are intended to create visual definition within and between urban areas, buffer rural or resource lands, preserve open space and opportunities for recreation, and connect wildlife and critical area corridors. This designation effectively limits development on these parcels to one residential unit per acre, as all Urban Separators are zoned SR-1, the lowest density allowed under Kent’s zoning code. Subdivisions in urban separators must be “clustered”; among other requirements, this means that 50% of the unconstrained portion of the parcel must be set aside as permanent open space. City council directed staff to comprehensively review the urban separator designation and evaluate its continued relevance in Kent. The three alternatives presented by staff are informed by comments received during one-on-one interviews, two public open houses, and a public hearing, as well as the results from an online public survey. The alternatives include 1) a no action alternative (no changes), 2) amendments to the land use plan map and zoning designations for the MOTION: None 10 westernmost portion of the Panther Lake urban separator, and 3) amendments to the use tables and clustering requirements for urban separators and SR-1 zoning district. Staff will be available at the May 14 workshop to provide information, answer questions, and receive feedback from the LUPB. EXHIBITS: Draft ordinances (A and B); PowerPoint presentation BUDGET IMPACTS: None 11 Urban separators Proposed Alternatives LUPB – May 14, 2018 12 It’s a land use designation in the City’s comprehensive plan meant to: Preserve open space Connect wildlife corridors Protect natural and resource areas (steep slopes, wetlands, agriculture/forest) It does this through ZONING. Urban Separator Overview 13 14 Zoning in Urban Separators: Urban Separators in Kent are all zoned “SR-1”. One single family house per acre (overall density) Requires “clustering” when subdivided 15 Cluster Subdivisions: Concentrates new development on a portion of the property Leaves at least 50% open space (half developable + undevelopable areas) Small minimum lot size – 2,500 square feet Requires groups of 8 with 120ft. in between 16 Example Cluster Subdivision Red = critical areas + buffers Green = 50% open space set-aside Purple = new lots (2,500 square feet) For illustration purposes only. 17 Urban Separator Project: What is the best use for Kent’s urban separators? City council was asked to consider changing the rules so that developers can build more houses than is currently allowed. The whole region needs more housing, but urban separators also provide important environmental benefits. Any changes have to work with other city, state, county, and regional policies. 18 Outreach: 1:1 Interviews – 13 Interviews/Comments Open Houses (2) – 85+ participants Public Hearing – 33 attendees; 15 verbal testimony; 28 written comments Online Survey – 281 respondents 19 A few things we heard: Nothing has changed since the policies were established - leave them as they are. Keep it low density – our infrastructure is already overloaded. Developers shouldn’t get an advantage at a cost to nearby property owners and the city as a whole. One way to make housing more affordable is to provide more of it. People should be able to capitalize on their investments – reduce restrictions so I can sell for more. Development causes loss of trees and sound buffering and brings traffic. 20 A few things we heard: This might be a good time for Kent to add more restriction rather than just considering loosening the requirements. We need to get serious about global warming. We need more consideration for water, drainage, and the change in weather and habitat impacts. We shouldn't be considering changes for such a small number of requests. Differentiate between different types of urban separators – increase density where you can, and leave it where you can’t. Don’t save them unless there is a budget for safe/useable space for people. 21 Outreach Results: Top Policy Options: Option 1: Don’t make any changes. Option 2: Find ways to support land owners preserving open space. Option 1 49% Option 2 27% Option 3 6% Option 4 4% Option 5 2% Other ideas 12% Source: Urban Separators Online Survey 22 Alternative #1 No Action. Preferred option in outreach. No plan, code, or CPP amendments needed. 23 Alternative #2 Code Amendments. 50% open space set aside from whole parcel (including critical areas/buffers) 25% of subdivision may be duplex or townhomes with ownership interest Critical areas/buffers must be put in permanent open space tract 24 Alternative #3 Amend Land Use and Zoning Designations for a portion of the Panther Lake urban separator New information since 2015 comp plan: no direct connection to Renton’s urban separators Not clear that it will result in long-term benefits or is in the best interest of the community Not consistent with other policies of the comp plan re: transportation, land use Buildable Lands Study, 2014 shows sufficient capacity to meet growth targets 25 = Panther Lake Urban Separator = Docket Parcels Alternative #3 26 27 Next Steps: Data gathering and reports City staff policy ideas Public outreach – meetings, interviews Proposed alternatives and staff recommendations City and county adoption of new policies 28 CAPTURING THE COMMUNITY’S VOICE ON URBAN SEPARATORS MARCH-APRIL, 2018 URBAN SEPARATORS OUTREACH 29 ONE-ON-ONE INTERVIEWS •Interview requests mailed to 60 random households within 300ft. of urban separators •A total of 16 responses, and 13 individuals interviewed or responded with comments 30 WHY DID YOU CHOOSE TO LIVE (OR BUY PROPERTY) HERE? 31 WHAT SHOULD THE CITY DO WITH URBAN SEPARATORS? “Don’t save them unless there is a budget for safe/useable space for people. Nothing has changed since the policies were established - leave them as they are. Leave it as it is, but give people credit for preserving their land. I like the idea of incentives. Keep it low density – our infrastructure is already overloaded. Leave it the way it is – it costs too much to bring services here (replace septic/wells). Developers shouldn’t get an advantage at a cost to nearby property owners and the city as a whole – look at the overall benefits. People should be able to capitalize on their investments – reduce restrictions so I can sell for more. Cities need density – I love density. You have to leave some open space – this area is unique and the value is in the large lots, the character. 32 INFORMAL PUBLIC MEETINGS Two meetings: •Panther Lake Elementary School - March 8, 2018: 50+ participants •Sunnycrest Elementary School - March 14, 2018: 35+ participants 33 INFORMAL PUBLIC MEETINGS Dot Voting: Option 1 31% Option 2 34% Option 3 3% Option 4 8% Option 5 21% Other Ideas 3% Option 1: Don’t make any changes. Option 2: Find ways to support land owners. Option 3: Find areas in urban separators that could be used for more housing in the future. Option 4: Change the rules for how houses in urban separators can be built. Option 5: Find areas in urban separators that could be used for more housing now and redesignate them. 34 INFORMAL PUBLIC MEETINGS (CONT.) Other Ideas: •Building moratorium •Flood mitigation programs for frequently flooded areas 35 A FEW KEY DISCUSSION POINTS Fix transportation and infrastructure first. You should differentiate between different types of urban separators – increase density where you can, and leave it where you can’t. This might be a good time for Kent to add more restriction rather than just considering loosening the requirements. We need to get serious about global warming. We need more consideration for water, drainage, and the change in weather and habitat impacts. One way to make housing more affordable is to provide more of it. Development causes loss of trees and sound buffering and brings traffic. We shouldn't be considering changes for such a small number of requests. 36 PUBLIC HEARING – MARCH 26, 2018 Attendance: 33 signed in for urban separators Written Comments: 28 Testimony: 15 individuals 37 PUBLIC HEARING COMMENT CATEGORIES 0 2 4 6 8 10 12 14 16 18 Maintain urban separators as they are - consistency with regional policies. Maintain urban separators as they are - environmental concerns. Maintain urban separators as they are - infrastructure concerns. Maintain urban separators as they are - quality of life. Maintain urban separators as they are - existing land capacity is sufficient. Maintain urban separators as they are - personal economic concerns. Increase incentives to promote preservation of private land. Make changes to facilitate development - consistency with existing development. Make changes to facilitate development - consistency with state/regional policies. Make changes to facilitate development - critical areas restrictions. Make changes to facilitate development - lack of funding for quality open space. Make changes to facilitate development - land scarcity. Make changes to facilitate development - personal economic concerns. Make changes to facilitate development - setbacks and impervious surface. Make changes to facilitate development - types of uses. Modify development standards - clustering requirements. 38 URBAN SEPARATORS ONLINE SURVEY Promoted through: •Email to community organizations •Postcard mailings (300ft. radius) •Flyers •Kent’s social media (Facebook, Twitter, NextDoor) •Kent’s website •Public meetings Total respondents: 281 39 DO YOU LIVE IN OR NEAR AN URBAN SEPARATOR AREA? 39% 61% No Yes Rent 6% Own 93% No answer 1% DO YOU OWN OR RENT YOUR HOME? Less than one year 7% 1 to 5 years 20% 6 to 10 years 14% 10 to 15 years 16% More than 15 years 43% HOW LONG HAVE YOU LIVED IN YOUR HOME? SURVEY RESULTS - RESIDENCY 40 WHAT DO YOU VALUE MOST ABOUT WHERE YOU LIVE? 95% 5% 0% Adds value Diminishes value Neither DOES OPEN SPACE ADD TO OR DIMINISH YOUR PROPERTY VALUE? SURVEY RESULTS - VALUES 41 PREFERRED POLICY OPTION Option 1 49% Option 2 27% Option 3 6% Option 4 4% Option 5 2% Other ideas 12% Option 1: Don’t make any changes. Option 2: Find ways to support land owners. Option 3: Find areas in urban separators that could be used for more housing in the future. Option 4: Change the rules for how houses in urban separators can be built. Option 5: Find areas in urban separators that could be used for more housing now and redesignate them. 42 PREFERRED POLICY OPTION (CONT.) Other Ideas: •Increase open space wherever possible. •Build more densely near transit. •Redevelop and build up, creatively. •Allow more multi-family housing (duplexes, triplexes, 4-plexes) in other areas of the city (in the valley). •Rezone commercial areas or industrial areas to allow residential or mixed commercial/residential. •Invest in roads and infrastructure first to reduce existing congestion. •Improve the parks system with better maintenance by increasing B&O and decreasing property taxes. •Add taxes and fees for new development to promote sustainability of public services. •Offer incentives for LEED development. 43 WHAT’S NEXT •Develop alternatives and staff recommendation •Complete SEPA review •LUPB Workshop, Hearing 44 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending the City of Kent comprehensive land use plan map and zoning districts map for properties at the northeast side of the intersection of 108th Ave. SE and SE 200th Street RECITALS A. The urban separator land use designation is intended to protect ecologically sensitive areas and to create open space corridors that provide visual, recreational, and wildlife benefits within and between urban growth areas. B. The 2012 King County Countywide Planning Policies (CPPs), ratified by the City of Kent February 19, 2013, contain policies to establish urban separators. The eastern portion of Kent’s urban separator lands, along Soos Creek and Panther Lake are designated as urban separators in the King County CPPs. Any zoning or land use plan map changes to these areas would be inconsistent with the CPPs, and would therefore require amendments to the CPPs before final adoption. C. Per Kent’s 2015 comprehensive plan, all urban separator lands are to be low-density areas of no greater than one dwelling unit per acre. To implement this policy, all urban separators in Kent are zoned SR-1 for one single family dwelling per acre. D. On September 9, 2014 the city received DKT-2014-2, requesting a rezone for property at 20628 132nd Ave. SE, in the Soos Creek area and on August 31, 2015 the city received DKT-2015-1 requesting a rezone for properties at the southwest corner of the Panther Lake urban separator area. 45 E. On October 20, 2015 the Kent City Council approved the 2015 Comprehensive Plan Docket Report, which added the multi-year urban separators project to the Economic and Community Development Department’s 2016 work program. F. In 2017, city staff completed an Inventory and Characterization Report, and a Consistency Review Report for urban separators. These reports document critical areas, existing development conditions, and development capacity in Kent’s urban separators, and compare these characteristics to existing local, regional, and state policies pertaining to urban separators. The reports concluded that all existing urban separator focus areas serve the intended purpose of urban separators to some degree, as defined in Kent’s 2015 comprehensive plan and/or the 2012 King County Countywide Planning Policies. G. Beginning in August, 2017 city staff conducted a public outreach campaign which included one-on-one interviews with developers and community members, two public open houses, a public hearing, and an online public survey, to gather public opinion regarding the best use of urban separator lands in Kent. Overwhelmingly, public opinion during the outreach campaign indicated a preference to retain urban separators as they are, particularly in the Soos Creek area. H. On April 19, 2018, the City the city requested a standard 60-day review from the State of Washington under RCW 36.70A.106 for the proposed amendments to KCC. Comments received on xx-xx-2018 included __________________. I. On xx-xx-2018, the City conducted and completed environmental review under the State Environmental Policy Act (SEPA). The 46 City’s SEPA Responsible Official issued a ______________for the code amendments. J. At its regularly-scheduled public meeting on xx-xx-2018, the LUPB held a public hearing regarding the proposed code amendments related to permitted uses, subdivision requirements, and development standards in urban separators. After considering the matter, the LUPB voted to recommend ________of the proposed amendments to the City Council. K. On xx-xx-2018, the Economic and Community Development Committee considered the recommendations of the LUPB at its regularly- scheduled meeting, and recommended to the full City Council ________ of the proposed code amendments. L. At its regularly-scheduled meeting on xx-xx-2018, the City Council voted to ________ the amendments to the City of Kent Land Use Plan Map and Zoning Districts Map. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Amendment. The City of Kent Comprehensive Plan Land Use Plan Map is amended to reflect the revised land use plan map and zoning district designations for the properties at the northeast side of the intersection of 108th Ave. SE and SE 200th Street from US to SF-6, respectively, as set forth in Exhibit A. SECTION 2. – Amendment. The City of Kent Comprehensive Plan Zoning Districts Map is amended to reflect the revised zoning district designations for the properties at the northeast side of the 47 intersection of 108th Ave. SE and SE 200th Street from SR-1 to SR-6, respectively, as set forth in Exhibit B. SECTION 3. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. – Corrections by City Clerk or Code Reviser. Upon 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 5. – Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. DANA RALPH, MAYOR ATTEST: KIMBERLEY KOMOTO, CITY CLERK APPROVED AS TO FORM: ARTHUR FITZPATRICK, CITY ATTORNEY 48 49 50 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Sections 12.04.263 Clustering in urban separators; 15.04.020 Residential land uses; and 15.04.030 Residential land use and development conditions; pertaining to permitted uses, subdivision requirements, and development standards in urban separators. RECITALS A. The urban separator land use designation is intended to protect ecologically sensitive areas and to create open space corridors that provide visual, recreational, and wildlife benefits within and between urban growth areas. B. The 2012 King County Countywide Planning Policies (CPPs), ratified by the City of Kent February 19, 2013, contain policies to establish urban separators. The eastern portion of Kent’s urban separator lands, along Soos Creek and Panther Lake are designated as urban separators in the King County CPPs. Any zoning or land use plan map changes to these areas would be inconsistent with the CPPs. C. Per Kent’s 2015 comprehensive plan, all urban separator lands are to be low-density areas of no greater than one dwelling unit per acre. To implement this policy, all urban separators in Kent are zoned SR-1 for one single family dwelling per acre. D. On September 9, 2014 the city received DKT-2014-2, requesting a rezone for property at 20628 132nd Ave. SE; and on August 31, 2015 the City received DKT-2015-1 requesting a rezone for properties at the southwest corner of the Panther Lake urban separator area. 51 E. On October 20, 2015 the Kent City Council approved the 2015 Comprehensive Plan Docket Report, which added the multi-year urban separators project to the Economic and Community Development Department’s 2016 work program. F. In 2017, city staff completed an Inventory and Characterization Report, and a Consistency Review Report for urban separators. These reports document critical areas, existing development conditions, and development capacity in Kent’s urban separators; and compare these characteristics to existing local, regional, and state policies pertaining to urban separators. The reports concluded that all existing urban separator focus areas serve the intended purpose of urban separators to some degree, as defined in Kent’s 2015 comprehensive plan and/or the 2012 King County Countywide Planning Policies. G. Beginning in August, 2017 city staff conducted a public outreach campaign which included one-on-one interviews with developers and community members, two informal public meetings, a public hearing, and an online public survey, to gather public opinion regarding the best use of urban separator lands in Kent. Overwhelmingly, public opinion indicated a preference to retain urban separators as they are and to promote the use of incentive programs to encourage preservation of open space and natural beneficial functions on private property. H. Kent’s 2015 comprehensive plan has a variety of relevant policies related to residential development. Policy LU-19.6 states that the city will “encourage well-designed land use patterns, including clustering of housing units, zero lot lines, and other techniques to protect and enhance urban separators. “ Policy LU-7 states that the city will “ensure residential development achieves a substantial portion of the allowable maximum density on the net buildable acreage.” Policy LU-7.4 says that the city will 52 “allow a diversity of single family housing forms and strategies in all residential districts (e.g. accessory dwellings, reduced lot size, cottage or cluster housing), subject to design and development standards, to ensure minimal impact to surrounding properties.” I. Clustering is required for subdivision of land in urban separators; among other requirements, clustering requires fifty percent of the unconstrained portion of the property to be set aside as an open space tract. It also requires new lots to be clustered in groups of 8 or fewer, and clusters must be spaced at least 120 feet apart. The minimum lot size for cluster subdivisions in urban separators is 2,500 square feet. Only a single cluster subdivision has been completed since clustering requirements for urban separators were established in 2001. J. The City of Auburn, the City of Renton, and unincorporated King County also require cluster subdivisions within urban separator lands, but with less stringent requirements for open space set-asides. These jurisdictions require 50% of the entire parcel to be set aside as open space; critical areas may be included in the 50% set-aside. K. On April 20, 2018, the City requested a standard 60-day review from the State of Washington under RCW 36.70A.106 for the proposed amendments to KCC. Comments received on xx-xx-2018 included __________________. L. On xx-xx-2018, the City conducted and completed environmental review under the State Environmental Policy Act (SEPA). The City’s SEPA Responsible Official issued a ______________for the code amendments. M. At its regularly-scheduled public meeting on xx-xx-2018, the LUPB held a public hearing regarding the proposed code amendments related 53 to permitted uses, subdivision requirements, and development standards in urban separators. After considering the matter, the LUPB voted to recommend ________of the proposed amendments to the City Council. N. On xx-xx-2018, the Economic and Community Development Committee considered the recommendations of the LUPB at its regularly- scheduled meeting, and recommended to the full City Council ________ of the proposed code amendments. O. At its regularly-scheduled meeting on xx-xx-2018, the City Council voted to ________ the amendments to portions of Sections 12.04.263 Clustering in urban separators; 15.04.020 Residential land uses; and 15.04.030 Residential land use and development conditions; pertaining to permitted uses, subdivision requirements, and development standards in urban separators. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Amendment – KCC 12.04.263. Section 12.04.263 of the Kent City Code, entitled “Clustering in urban separators,” is hereby amended to read as follows: 12.04.263 Clustering in urban separators. A. All subdivisions and short subdivisions in the SR-1 zoning district shall be required to be clustered pursuant to this section when the property is located wholly or partially within an urban separator as designated on the city of Kent comprehensive land use plan map. B. Except as described in subsection (C) of this section, cluster subdivisions and short subdivisions shall be subject to the SR-8 zoning district development standards outlined in KCC Title 15. These standards include, but 54 are not limited to, minimum lot size, width, yards, setbacks, parking, landscaping, signage, etc. C. The provisions of KCC 12.04.235 through 12.04.250, as well as other applicable portions of this chapter, shall apply unless specifically exempted. In addition, the following standards shall apply to clustered subdivisions or short subdivisions: 1. Location. The cluster residential development shall be required in the SR-1 zoning district within urban separator areas. 2. Permitted uses. The cluster residential development option shall include only single-family residential uses. Duplexes with ownership interest and townhouses with ownership interest are also permitted uses within subdivisions, pursuant to 15.04.020. 3. Minimum area. No minimum area is established for a cluster residential development. 4. Permitted density. The maximum number of dwelling units permitted in a cluster development shall be no greater than the number of dwelling units allowed for the parcel as a whole for the zoning district in which it is located. 5. Lot size. The minimum lot size of individual building lots within a cluster subdivision or short subdivision is two thousand five hundred (2,500) square feet. New lots created by any subdivision or short subdivision action shall be clustered in groups not exceeding eight (8) units. There may be more than one (1) cluster per project. Separation between cluster groups shall be a minimum of one hundred twenty (120) feet. 6. Lot width. The minimum lot width for individual building lots in a cluster subdivision or short subdivision shall be thirty (30) feet. 7. Other development standards. Development standards other than lot size, lot width, and density shall be the same as are required within the SR-8 zoning district. 8. Common open space. The common open space in a cluster subdivision or short subdivision shall be a minimum of fifty (50) percent of the nonconstrained total area of the parcel. The nonconstrained area of the parcel includes all areas of the parcel, minus , including critical areas, as defined in RCW 36.70A.030(5) as currently and hereinafter amended, and buffers. The remainder of the nonconstrained area of the ing fifty (50) percent of the parcel, minus critical areas, shall be the buildable area of the parcel. The common open space tracts created by clustering shall be located and configured in the manner that best 55 connects and increases protective buffers for environmentally sensitive areas, connects and protects area wildlife habitat, creates connectivity between the open space provided by the clustering and other adjacent open spaces as well as existing or planned public parks and trails, and maintains scenic vistas. Critical areas and buffers shall not be used in determining lot size and common open space requirements in a cluster subdivision or short subdivision. Critical areas and buffers shall be placed in separate tracts and shall not be included in the area of individual lots. All natural features (significant stands of trees and rock outcropping), as well as critical areas (such as streams, steep slopes, and wetlands and their buffers) shall be preserved. Future development of the common open space shall be prohibited. Except as specified on recorded documents creating the common open space, all common open space resulting from lot clustering shall not be altered or disturbed in a manner that degrades adjacent environmentally sensitive areas, rural areas, agricultural areas, or resource lands; impairs scenic vistas and the connectivity between the open space provided by the clustered development and adjacent open spaces; degrades wildlife habitat; and or impairs the recreational benefits enjoyed by the residents of the development. Such common open spaces shall be conveyed to residents of the development, conveyed to a homeowners’ association for the benefit of the residents of the development, or conveyed to the city with the city’s consent and approval. (Ord. No. 4035, § 5, 4-17-12; Ord. No. 3551, § 5, 3-20-01; Ord. No. 3663, § 1, 10-7-03; Ord. No. 3906, § 1, 1-6-09) SECTION 2. – New Section. 15.02.114.1 Duplex with ownership interest. Duplex with ownership interest means real property formed as a duplex, where portions are designated for separate ownership and the remainder is designated for common ownership solely by the owners of those portions, with an undivided interest in the common elements vested in the unit owners. Real property is not considered a duplex with ownership interest until after a declaration encompassing and outlining the above requirements is recorded. SECTION 3. – Amendment – KCC 15.04.020. Section 15.04.020 of the Kent City Code, entitled “Residential land uses” is hereby amended to read as follows: 56 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- T12 MR- T16 MR- G MR- M MR- H MHP NCC CC DC DCE MTC-1 MTC-2 MCR CM- 1 CM- 2 GC M1 M1- C M2 M3 One single-family dwelling per lot P P P P P P P P P P P P P P A (1) 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) (32) P (27) P (27) P (27) P (22) P P P P P Multifamily townhouse units P (27) (32) 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) P P P P P (2) 57 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- T12 MR- T16 MR- G MR- M MR- H MHP NCC CC DC DCE MTC-1 MTC-2 MCR CM- 1 CM- 2 GC M1 M1- C M2 M3 C (5) 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-A P P P P P P P P P P P P P P P P P C P P P P C Group homes class I-B P P P P P P P P P P C P P C C C Group homes class II-A C C C C C C C C C C C C C C C C Group homes class II-B C C C C C C C C C C C C C C C C Group homes class II-C C C C C C C C C C C C C C C C C Group homes class III C (23) C (23) C (23) C (23) C (23) C (23) C (23) C (23) C (23) C (23) Secure community transition facilities23. 24 Rebuild/accessory uses for P P P P P P P P P P P P P P P 58 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- T12 MR- T16 MR- G MR- M MR- H MHP NCC CC DC DCE MTC-1 MTC-2 MCR CM- 1 CM- 2 GC M1 M1- C M2 M3 existing dwellings (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (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) Rooming and boarding of not more than three persons A A A A A A A A A A Farm worker accommodations A (17) A (9) A (17) Accessory uses and structures customarily 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 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) A (8) (10) Accessory living quarters A A A A A A A A A A A A A A 59 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- T12 MR- T16 MR- G MR- M MR- H MHP NCC CC DC DCE MTC-1 MTC-2 MCR CM- 1 CM- 2 GC M1 M1- C M2 M3 (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (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) 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 C C Emergency housing; emergency shelter C (31) C C C C C C C C C C C C C C 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 C P (2) C (3) Assisted living facilities C C C C C P (29) P (29) P (29) P (2) C P (4) C P P P P C C P (2) C 60 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- T12 MR- T16 MR- G MR- M MR- H MHP NCC CC DC DCE MTC-1 MTC-2 MCR CM- 1 CM- 2 GC M1 M1- C M2 M3 (3) (5) (3) Residential facilities with health care C C C C C P (29) P (29) P (29) P (2) C (3) P (4) C (5) P P P P C C P (2) C (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) (Ord. No. 3439, § 2, 2-2-99; Ord. No. 3440, § 4, 2-16-99; Ord. No. 3470, § 3, 8-17-99; Ord. No. 3543, § 2, 2-20-01; Ord. No. 3600, § 3, 5-7-02; Ord. No. 3612, § 3, 8-6-02; Ord. No. 3615, § 2, 9-17-02; Ord. No. 3753, § 2, 6-7-05; Ord. No. 3759, § 1, 9-6-05; Ord. No. 3770, § 5, 11-15-05; Ord. No. 3830, § 14, 3-6-07; Ord. No. 4011, § 7, 12- 13-11; Ord. No. 4089, § 6, 9-17-13; Ord. No. 4166, § 4, 9-1-15; Ord. No. 4174, § 5, 11-17-15; Ord. No. 4188, § 5, 2-16-16; Ord. No. 4189, § 1, 2-16-16; Ord. No. 4225, § 6, 12-13-16) 61 SECTION 4. – Amendment – KCC 15.04.030. Section 15.04.030 of the Kent City Code, entitled “Residential land use development conditions” is hereby amended to read as follows: 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 a half mile of publicly accessible amenities in at least three of the following categories, as determined by the economic and community development director. The distance shall be measured as the shortest straight-line distance from the property line of the proposed facility to the property line of the entities listed below: i. Public park or trail, as identified in the city’s most recently adopted park and open space plan, or owned or maintained by any agency of the state, or any political subdivision thereof; 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 62 germane) to the residents of the proposed facility, as determined by the city’s economic and community development director. b. Alternatively, if the facility provides amenities in one or more of the categories listed in subsection (3)(a) of this section on the ground floor of the facility itself, oriented towards the public (meaning that they are visible, accessible and welcoming), the number of other amenities to which a half-mile proximity is required may be reduced, at the discretion of the city’s economic and community development director. 4. Multifamily residential uses, or other residential facilities where allowed, when established in buildings with commercial or office uses, and not located on the ground floor. 5. Multifamily residential uses, or other residential facilities where allowed, when not combined with commercial or office uses. 6. Existing dwellings may be rebuilt, repaired, and otherwise changed for human occupancy. Accessory buildings for existing dwellings may be constructed subject to the provisions of KCC 15.08.160. 7. Transitional housing facilities, limited to a maximum of 20 residents at any one time, plus up to four resident staff. 8. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subject to the provisions of KCC 15.08.160. 9. Farm dwellings appurtenant to a principal agricultural use for the housing of farm owners, operators, or employees, but not accommodations for transient labor. 10. Accessory dwelling units shall not be included in calculating the maximum density. Accessory dwelling units are allowed only on the same lot with a principally permitted detached single-family dwelling unit, and are subject to the provisions of KCC 15.08.160 and 15.08.350. 11. Customary incidental home occupations subject to the provisions of KCC 15.08.040. 12. [Reserved]. 13. Subject to the combining district requirements of the mobile home park code, Chapter 12.05 KCC. 63 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. 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: 64 24. A secure community transition facility shall also comply with applicable state siting and permitting requirements pursuant to Chapter 71.09 RCW. Secure community transition facilities are not subject to the siting criteria of KCC 15.08.280 for class III group homes, but they are subject to a 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 line of sight means that it is possible to reasonably visually distinguish and recognize individuals. For the purposes of granting a conditional use permit for siting a secure community transition facility, the hearing examiner shall consider an unobstructed visual distance of 600 feet to be within line of sight. During the conditional use permit process for a secure community transition facility, line of sight may be considered to be less than 600 feet if the applicant can demonstrate that visual barriers exist or can be created that would reduce 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 65 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: 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. 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; 66 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]; 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 is an allowed conditional use in the MR-D zone only in conjunction with an approved conditional use permit, and subject to the following additional conditions: a. The emergency housing facility must be located on the same lot as an actively operating church or similar religious institution, and the lot must be a minimum of two acres in size; 67 b. The emergency housing facility must be located within a permanent, enclosed building; c. The building footprint of the emergency housing facility cannot exceed the building footprint of the church or similar religious institution that exists on the same lot; d. The church or similar religious institution on the same lot as the emergency housing facility shall be primarily liable for the operation and maintenance of the facility itself, as well as the conduct of the residents of the facility on and in the immediate vicinity of the lot, to the maximum extent permitted by law, regardless of whether the organization contracts with a third party for the provision of any services related to the facility itself or its residents; and e. The emergency housing facility shall comply with the setbacks and landscaping requirements for churches, as identified in KCC 15.08.020(A). 32. Duplexes and multifamily townhouses shall be recorded as duplexes with ownership interest or townhouses with ownership interest, as defined in KCC 15.02.525.1, and KCC 15.02.114.1 prior to approval of a certificate of occupancy by the city. (Ord. No. 3439, § 2, 2-2-99; Ord. No. 3440, § 5, 2-16-99; Ord. No. 3470, § 4, 8-17-99; Ord. No. 3600, § 3, 5-7-02; Ord. No. 3612, § 3, 8-6-02; Ord. No. 3615, § 2, 9-17-02; Ord. No. 3753, § 3, 6-7-05; Ord. No. 3759, § 2, 9- 6-05; Ord. No. 3761, § 2, 9-6-05; Ord. No. 3830, § 15, 3-6-07; Ord. No. 4011, § 8, 12-13-11; Ord. No. 4089, § 7, 9-17-13; Ord. No. 4166, § 4, 9-1-15; Ord. No. 4174, § 6, 11-17-15; Ord. No. 4188, § 6, 2-16-16; Ord. No. 4189, § 2, 2-16-16; Ord. No. 4225, § 7, 12-13-16) 68