HomeMy WebLinkAboutCity Council Committees - Economic and Community Development Committee - 11/13/2017
Unless otherwise noted, the Economic & Community Development Committee meets at 5 p.m. on the
second Monday of each month in Kent City Hall, Council Chambers East, 220 4th Ave S, Kent, 98032.
For additional information please contact Julie Pulliam at 253-856-5702.
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.
Economic & Community Development
Committee Agenda
Councilmembers: Jim Berrios, Tina Budell, Bill Boyce, Chair
November 13, 2017
5:00 p.m.
Item Description Action Speaker(s) Time Page
1. Call to Order Bill Boyce 1 min.
2. Roll Call Bill Boyce 1 min.
3. Changes to the Agenda Bill Boyce 1 min.
4. Approval of October 9, 2017 Minutes YES Bill Boyce 1 min.
5. 2017 Docket Report YES Charlene Anderson 5 min. 1
6. 2016 Docketed Code Amendments YES Charlene Anderson 10 min. 47
7. Community Health Engagement Locations YES Danielle Butsick 15 min. 176
Code Amendment
8. Multi Family Tax Exemption YES Jason Garnham 10 274
9. Sound Transit Update NO Dan Abernathy 30 min. 300
Parking and Station Themes Yuki Seda-Kane
10. Retail Trends NO Michelle Wilmot 10 min. 328
11. Rental Housing Inspection Program NO Matt Gilbert 15 min. 329
12. Director’s Report NO Ben Wolters 5 min.
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
Date: November 6, 2017
TO: Chair Bill Boyce and Economic & Community Development Committee
FROM: Charlene Anderson, AICP, Long Range Planning Manager
RE: 2017 Annual Docket Report
For Meeting of November 13, 2017
SUMMARY: In accordance with 12.02.025 Kent C ity Code (KCC), Planning staff
coordinates on an annual basi s a list (“docket”) of chan ges suggested by the public
or staff to the comprehensive plan and development regulations. The 2017 Annual
Docket Report lists three site-specific requests that will be forwarde d to the Cit y
Council for action in 2018 and also provides an update on ite ms that have not been
completed from docket reports since 2015.
EXHIBITS: 2017 Annual Docket Report; Site-specific docket applications
BUDGET IMPACT: N/A
P:\Planning\DOCKETS\2017\ECDC Memo.doc
MOTION: Approve/Deny/Modify the staff recommendation to move
forward to the City Council the 2017 Site-Specific Amendments and
accept the staff recommendation for previous docket items.
1
Page 1 of 2 11-3-2017
S:\PUBLIC\City Clerk's Office\City Council\Council Committees\Economic and Community Development Committee\2017\Pkt Documents\11-13-17\2017 Docket Report\DKT-2017_With_Staff_Recommendation.docx
DOCKET NO.
&
DATE REC’D
&
PARCEL NO.
2017 DOCKETING APPLICATIONS
And
UPDATE ON PREVIOUS DOCKETS
PROJECT NAME AND REQUEST (TOPIC)
DEPT
ASSIGNED
Issues
Staff
Recommendation
LUPB ECDC
CC
Action
Year 1
(Yes/No)
CPA-2017-6
Rec’d 9/1/17
7682800195
272ND/I-5
Site-specific proposal to amend the comprehensive plan land
use plan map to expand the mixed use designation to the
northern half of the property. The property is located north of S.
272nd Street at 26th Avenue South. (Docket 2014-4 from the
2015 Comprehensive Plan Update approved split designation of
Mixed Use and Low Density Multifamily Residential.)
Contact: Phillip Kitzes, PK Enterprises
PKEnterprises.MV@Gmail.com
206-227-7445
E&CD Light rail in 2024 would be
directly across 26th
Avenue South just east of
the site. Multifamily
residential designations
are north and west of the
site; single family is to the
east and northeast.
Properties to the south lie
within the jurisdiction of
the City of Federal Way
and are designated
multifamily.
Include in 2018
work program
LUPB
Workshop
3/12/18
(tentative)
CPA-2017-5
Rec’d 9/1/17
2922059056
2922059072
2922059119
2922059120
2922059130
2922059132
2922059144
2922059145
2922059232
UDDIN
Proposal to amend the land use plan map from SF8 to Medium
Density Multifamily Residential. The properties are located at
the northwest corner of the intersection of 116th Avenue SE and
Kent Kangley Road. (Docket 2014-6 from the 2015
Comprehensive Plan Update included properties southeast of
the site across 116th Avenue SE which were rezoned to
community commercial zoning.)
Contact: Hans Korve
hans@dmp-inc.us
253-333-2200
E&CD Need to determine
concurrence from multiple
property owners who may
be different from the
applicant. Multifamily
residential designations
are north and south of the
properties; to the east is
single family residential
and to the southeast is
mixed use.
Include in 2018
work program.
LUPB
Workshop
3/12/18
(tentative)
CPA-2017-4
Rec’d 9/1/17
1164000010
1164000020
ALAN CLARK CPA
Proposal to amend the comprehensive plan land use plan map
from SF8 to mixed use. (B1.b East Hill South from the 2015
Comprehensive Plan Update included properties to the east
that were rezoned to community commercial.)
Contact: Alan Clark, East Hill Summit LLC
alan@urbanspaceinc.net
206-819-8116
E&CD Access issues exist.
Multifamily residential
designation is north and
west of the site; mixed
use is east of the site and
single family residential
designation is to the
south.
Include in 2018
work program
LUPB
workshop
3/12/18
(tentative)
2
Page 2 of 2 11-3-2017
S:\PUBLIC\City Clerk's Office\City Council\Council Committees\Economic and Community Development Committee\2017\Pkt Documents\11-13-17\2017 Docket Report\DKT-2017_With_Staff_Recommendation.docx
DOCKET NO.
&
DATE REC’D
&
PARCEL NO.
2017 DOCKETING APPLICATIONS
And
UPDATE ON PREVIOUS DOCKETS
PROJECT NAME AND REQUEST (TOPIC)
DEPT
ASSIGNED
Issues
Staff
Recommendation
LUPB ECDC
CC
Action
Year 1
(Yes/No)
DKT-2014-2
DKT-2015-1
Nelson Property Rezone (Urban Separators)
Panther Lake Urban Separators
E&CD In Progress Next LUPB
workshop is
11/13/17
DKT-2015-3 Staff Proposals
(2) Mixed use design guidelines
(5) Commercial Component of Residential Mixed Use
Developments
(6) Manufacturing/Industrial Center Subarea Plan
E&CD
In Progress
In Progress
Pending
DKT-2016-1 Staff Proposals
(B4) Dumpster requirements for multifamily developments -
provide for recycling and composting
(B8) Medical Marijuana code amendment
E&CD
Postpone
Postpone
3
KENT
WasBrNorof,
PLANNING SERVICES
Please print in black ink onlY.
Application #:- KIVA
OFFICE USE ONLY
Site-specific Comprehensive Plan
M"p Amendment APPlication
Planning Services
Location:400 w Gowe . Mail to: 220 4lh Avenue south ' Kent, wA 98032-5895
Permit Center (253) 856-5302 FAX: (253) 856-6412
www.cl.kent.wa.usy'permltcenter
Application and Public Notice
Board Fees...See Fee Schedule
OFFICE USE ONLY
Address/Location: ;- 52 c 9. aTZDD 5TF-EUT Zo LL--l(e
Application
King County Parcel Number (s):-7 A8 (ff135
Townshi ZL
Acres z,4L
Range +tr1/t
Applicant: (mandatory)
LL p1rcne. 2-06. (i;>" -+64\
Mailing '$/
city/statezip tu;1
Professional License No:Contact ilp. Pr ra.a f t'l
Property Owner 1: (mandatory if different from applicant)
Name Phone
Mailing Address Nu ber
City/Statezip ignatu
PrOperty OWner 2: (if more than two property owners attach additional info/signature sheets)
Phone:_--
Mailing Number
city/statezi
The above signed property owners, certify that the above information is true and correct to the best of our knowledge
and under penalty of perlury, each state tlrat we are all of the legal owners of the property described above and dest
ignate the iollowing party to act as our agent with respect to this application:
AgenV ConsultanU Attorney: (mandatory if primary contact is different from applicant)
Name tut"l Fr me Zne,7Z
Maiting Address:2_ar)is g.: ZZ,TF,D 6TF.ftrT Fax Number:-
ignature:
s*'\*6}ea8q'99€se€9a*4$se**se&6{3&ss*sE€ts6'&4'*a*€6
City/StateZip No.7e(da
OFFICF USE ONLY:tr city-lnitiated
Date Application Received:-Received
Date Application complete: completeness Review
GHI.I
tr Privately lnitiated
psd4053 6/30/08 p l of 2
4
APPLICATION FON SITE-SPECIFIC COMPRTHE}ISIV* PLAN MAP AMENSME}'T
Chapter 12.St of the Kent City Ccd* ouilines proce*ures for amendrnents lo the City ol
Kent Compreh*nsive Plan. Proposed arnendment$ will be cnnsid*r*d by ihc L*nd Use nnd
Pl;anning Soard atter a publir hearing, and lh*ir recornmenciali*n larill be approved. apprCIved
with meidiiication* or deni*ei by ths Cig e*r-rncil.Wittt some exceptions, Comprehensive
Plarr anrendrnents can anly be cansider*d ance each ealendar year, and all proposed
amendments musl be *onsid*red by stail, the Lar"rd Use and Flanning Soard, and th* City
C*uneil toncurrsntly in crder to a$se$$ lh*ir curnulative i*rpa*t.Th* annual deadlins {or
comprehensiv* plan ai'l"rendments is $ept*r:rb*r l st or the first business day in September.
OESCRIPTION OF PHOPO$AL:
CURRENT
ss$"!cr'lgf,lQN
REQUT$TEO
gEsrs$ATrON
LAND USE PLAN MAP:{-S\xJ f:>t*\lg tT{C*:r'l 1-1qgert,q!t-,
fL*:' r F>c:\ilrAt^
ft*asonlBatir:n*l* lor prop*sed C*mpr*h*nsiv* Plan Map Amendment*^Addrrss h*rqr
the prc;p*sal s*li*fie* the $landards *l review in 1?.fi2.050 Kent Sity C*de.
fi-tr-*'* S€';t$"l l'.ieK-f*Sf1Y**
CtrO n r rrnrrv , CUt(
N!11,1 iliiJ.:i:i-l {,T$.rtlli _r. : flf t
5
)
CHEVRON STATION
AND 2.LOT SUBDIVISION
ffitw.lm'
$E SO*$:2C6 2ZNO ST
GNT, WAS'
s&TAOfl4Wtr EffiPfr$S2S$SE6@9iAEvA[fl. wa 9e
E: remml$s.w@GMllcw
@&01s
LOT l SEE: a8,Sit-125AmES)LOr2SrE: .3Si1.r25ANSi
LOT I 9AtETl6r
CSffiONBPE:
ruutre1a:
NaDtre la:
M (reR4MtrEI
6.@5S.F.
7,40 S.F.
)
I'.t,-JA,,.qrgS
Ti'
lL
I
$
,lr'i-
i
1'
h.
VICINITY IIAP
fl[t
l'),..1.,,,hr,,STARLAKE P & R
-i'*'^ t i 1No ZN>
-r:rin, n
-J
--t-|-P.
.T
1^l ?ry,p a')-yn.*l qs.E t*;/")26TH AVE S
ill
b'"ozN
Ne
ltt
al F\
e*
CI
mmH
{25S)4@&
-,i' )6 pt,t (l a
\ eL;1 1'>&i
F
fr*sV U)o
- ^6I !Jorzft<ohE(t op:i s6I
O
zO7F<
5dluILF
+3tll -:ff<
RECEIVFN
FnY 10 2011
I
@
BLDG.IB
roE&t
lt$'\\,
O
afu
@
BLDG 1A
o
LOT 1
{ __r
r,"i
rs-d
I1
I
_1------J
sffffi
ORJ
@
@
l]@
M
lM
re@
!ro
@
l@
!&
@
@
@
tt. ] FREllw:
z1z\Jb l-5 ULL i
ro
'&,-,o'.l (quqrst",, zon>
PLAN
6
CHEVRON STATION
AND RETAIL DEVELOPMENT
1.,6o0-r, /sarxlr- -/-fEA}-.lsrr STaFl'1
PROJEC1 IilFORMANOI
SITENDRESS: ?56 272ND STGNT WA SAO32
APPLIqNT: SAHOTADEVELOfuEM
PX ENEMRISES
23035 SE 63RO ST
MPLE VALLEY, WA W8
E: P(ENTERPRISES.MV@GMAL.COM
PARCEL NUMBERT 7S2@195
LOTSIZ€| 97,992 (2.sACRES)
CONSIRUmON ilPeV-BOCCUPNCY: M (MERCHANTIIE)BUIIdNGA: 7,275S.F.
BUILDING B: 5.978S.F.
surLDrNG d 3.030s.F.
BUTID|NG q 3,0305.F.TOTI A,fi3 S.F.
PffiNGRATIO: 4.5/1.000S.F.
MlN. P&KING REOD: SSTALLSPNKNGSHOWN: 93 ST&LS
vATse PoND
VICINITY MAP
STARLAKE P & R
FRrcAS TRUCK
26TH AVE S.. .{
,iirl
iI
ii
PROPERfr lNE = m9.2e
i '1"-'1""i" r
l
FIREffiTRUCK
l
I
I li
: Cot-4Hts;F€lAL
: c,e- Murq#*P
*.|5tTE R-Al a*t.d7V:aL oFJLY
ti axlsflt..lq Col'lF R-AI.I : doNHefttat-
HlTle#.Eyl€rvlk br.rrG, bi>fir-i- I i
\ .u.. ",n"
6
I
z
llri i
,4
i
I
: ' FF! IRWK Ei
el
e
I
i
I
T*'1"-*
r I I ,.i"^.1",;"
I
l,
FaozN]
N-a
rm
R
$3t$
l
(}Tl
neurucffiXnnroftr**ry*m5I\\N
U $*Ez
BLDGEry8-e!4Ll
845
44L:4
z
i
t!Fa-:
ARCHITECTS
1253)16&755
-I
a
F-z
r-u t idV UJO
'=o,z ft<o N5ff oFi R6T
ZTZso l-s LLe PPoR)'€Eb @flP PI-6.NI,/
?Ez;rJe (xloe+l Heuf)-OVERALL SITE PLAN
7
P l< I': N'I'li]t Pll I S IrS
Ciiy of Kent
Fcoromic & Community Developnrent
400 West Gowe Street
Kent, WA 98032
Rf:
August 31,2017
Request for a Compreheneive Plan Amendment ol North Half of Subject Property
Located at 2526 S. ?72nd Street, Kent, WA 98032 {272nd t-5 LLc Property)
Dear Staff:
On behalf ol 272nd ST l-5 LLC, PK Enterprises is formally requesting a Comprehensive Plan
Amendment from Low Density Residential lo Commercial at the abovemenlioned property. The
Assessor's Parcel Number is 768280-0195 and it lies within the SE Quarler of Seciion 28,
Township 22 North, Range 4 [ast, W.M., Washingion.nE(on
REC-trt1tE:n
The site is approximately 2.32 gross acres {101,059 SF) and is located along a high traffic
corridor with immediate access io i-5 in both directions. There is a (grpt 6qfi{$ffirf<-"iO-RiCe;
to the east of the property (across S. 270th Street). The proposal wO&l atiEf a-frii< of retail uses
(i.e. gas station, other transit-oriented uses, office, etc.)--ldeal fgqfiq/tuffi ffi$g$sluses at
the propedy pEnmff'Celrlfgn
A similar request was made in 2014-2015 and the council re-zoned the southern half of the site to
CC*MU. ln doing so, they effectively subdivided the properly in two; which has made things
difficult with developing the property. On March 22, 2016 a pre-application meeting was
conducted to proceed with commercial development on the sonthern half of the site only. Access
was a major issue as there is a need for 2 access points to serve the sile. Due io ihe close
proximity fo the intersection at 272nd Street, the queuing Jor traffic turning eastbor.rnd was a major
concern for staff.
WSDOT owns the property to the east of the site {as 26ih Avenue South veers to lhe east), which
seryes as a stonn pond for ihe existing Park-n-ride. Over the past year, we have been working
diligenlly with them to get an easement for a second access poinl (application has been
submitted); however, the latest issue is the expansion of their site to a hub for Sound Transit.
Both parties are willing to grant an easement; thus, we proceeded for a second pre-application
meeting with the City of Kent (June 8, 2017). The concept was commercial development on the
south end with multi-family units to the north-as the city rezoned the properly. We utilized to
access points frorn 26lh Avenue South*one being where the proposed easement is/was to be
located to serve the property.
At second pre-application meeting, the fire marshal was adamant that we provide at least one
more additional access point was required 1o serve the residential portion of the project. This
would require a second point of crossing over lhe W$DOT property thal is a siorm pond {volume
and design issues are rnajor concerns), The.City and WSDOT suggested th€t we meet with
Sound Transit to discuss the alignment of 261h Avenue South and the proposed easement(s)
need to develop the north portion of the site.
430j5 Sfi ?6itD S-t'ltlilt,1'. r\{i\trt"l:,] VALl,liY. tVn. }803t{
lrlIoNI!: {3{t6) 227.i445. PXl:lN'I'Iilil}R1SUS,ilI\3(;il{;M..\,I1...{:Olll
8
On June 'lSrh, we met with Sound Transit to discuss their proposed transit project, re-alignment ol
26th Avenue South {gueues, new access points, etc.), and the proposed easement we needed
over WSDOT property, {Note: WSDOT is currently working through negotiations with Sound
Transii to transfer the property lnto their holdings.) As discussed, they are in complete
agreement with one access point/easement (midpoint of property where the two different zoning
classifications meet). However, a second access point/easement (required for the residential)
has drastic affects on the area available io accommodate new storm water runoff requirements
generated by their project.
It was at this point we discussed a ioint pond between ihe two projects as a way to accommodate
both sides. We are currently reviewing this rnatter wiih $ound Transit while WSDOT waiis to see
the results before granting the easement.
Once a year. the cily reviews proposals io amend the Conrprehensive Plan*which will be
reguired congruently with this proposal. The basis for approval is the general welfare and
consistency of the change within lhe community. ln doing so. the staff/hearing examinerl city
council will review the underlying zoning and will be required to revise (as needed) with the new
lanrj use designation. This proposal will require a new zoning designation from high density
residential to a commercial/mixed-use for the north portion of the site. Again, by the actions of
the previous decision, the applicant effectlvely has ? separate parcels*and accessibility to the
north portion is very difficult. Therefore, the {ollowing ts information in support of the action for
council to consider in iheir decision based on Kent City Code {KCC) Chapter 15.09 that is most
applicable to this request.
KCC 12.02.050. - Standards and Criteria for Granting a Requested Amendment'
1 The amendment will not adversely affect the public health. safely, and generai welfare.
Response.. Ihe reguest would not adversely affect the public heatth, safety. and general
welfare. Rather, it will allaw the praponents lo belfer develop the site and meel
engineering and design criteria autlined by staff in the latest pre-application meeting
canrlucted in June af this year. Tie owners are warking with the other agencies
WSDOT and Sound Transit) ta improve 2dh Avenue S. aiong with the intersection with
S. 271'd Sfreef. Ihese improvements wil/ provide belfer access and flaw of traffic given
the development to occur.
Z. The amendment is based on new information that was not available ai the time of
adoption of the Comprehensive Plan, or ihat circumstances have changed slnce the
adoption of the Plan that warrant an amendment to ihe Plan.
Response; As autilned above, circumstances iave changed sinee the firsl requesl and
Sound Transit s moving fanuard with plans to construct a transit hub at lhe Park-and'
Ride. ln doing so, they-will need to upgrade fhe exr'sfing storm pand {across 26tb Avenue
S.J which directty affecfs the abitity far the owners lo get access to the road. An
applicatian is pending with WSDOT for an easement ta gain a second access point*tttis
onty helps ttle south half af the property. Secalse the land use designation is for
reiiAential, tttere are additianat acsess considerations f/d access] that are not available
{o the owners of the property (storm pand affects entire half of site). Therefore, it makes
sense lo amend the current land use designation of the north half to fre satne as the
souf/i so development could occur while accommodating WSDATl9ound lrans{
resfnbtions lo access.
3. The amendment will resull in longrterm benefiis to the community as a whole and is in
the best inlerest of the community.
2
9
Response.' All padies at this lacation are working together to make improvements to the
circulation for the proposed and existing development in the immediale vicinily. The
adclitional commercial space will provide an autlet for the exrstrng resrdenls and
cunentJnew users o/lhe transit system.
4,a. What is the public necessity and/or convenience thai requires lhis amendment?
Response.' As slated before, the applicant made this requesl seyeral years ago and lhe
council recommended that the propefty be .split" into two differenl land use
desrgrnations*effectively subdividing the land. Subseguenl,ly, the owners have had twa
pre-applicatioris fieeting with staff and lhere are i'ssues with access lo serve the halves
of fire sile. The norlh half remained Law Densdy Resrdenffa/ and we went through a
second pre-applicatian meeting with the city. At the meeting, we were foid a second
access point (3 total) was required for the residential units, Ihis is nof possib/e, as il
requires a seeond eas€rnent across WSDOI/Sound Transit property being utilized far a
starm facility. Effectively, the owners of the property are not able to develop the land as
residential. lf the land reyeris ta commercial {as originally requested), fwo access polnfs
anto 26th Avenue S will work to accammodate development aver the entire property.
4-b. What significance will the proposed amendmenl have to the community?
Response.' There will be a minor significance/impacl ta the overall neighborhoad as it
would add another 1,16 acres of commercial developmenf. # is not tikely that there will
be additional requesls to commercial on the adjacent properties as they are either
devetoped and/or have tapagraphical conskarnfs that wauld preclude lhis fram occurring.
4.c. What affect will the proposed amendment have on other elernenis of the Comprehensive
Plan?
Response.' Minimal. Again, city cauncil already re-classifed the south half of the
property to cammercial and the reguest js lo have the north half re^classified to
commercial.
4.d.What effeclwill the proposed amendment have to related ordinances, regulalions, and
development standards?
Response.. There will be an additional 1.16 acres of land developed as commercial
propefty governed by current city zoning slandards and requiroments.
4.e.What impact will the proposed amendment have on:
1) lhe hea1lh, safety, and general welfare of the public;
2) the city design;
3) development interests
4) neighborhoods;
5) environmentally sensitive areas
Rasponse.' As prcviously dl"scussed tfie rnpacts on the health, safety, and general
welfare of tlze public by the proposed land use re-designafion will be minimaL /l does
allaw the ownars of the property to develap their property to the fullest and provide
sery,bes ta the neighbarhood and to those traveling and/or utilizing lhe new transff stop-
It will not affect the overall city design of the neighborhood. Again" the olvnets. WSDOT,
and Sound Transif are workiig tog6tner fo solv6 circulation mbtters along 26t' Avenue S
and at the intersection wjfh S 2dd Street. There are no enviranmenfally sensrlive areas
prosent an lhe property: thus, there are no direct impacts. Once a corirplele deslgn is
t
10
.t
prepared, surfacs water controt and treatment will be addressed fo ensure no adverse
irnpacts to the surrounding propefties.
The following is a lisi of persons involved with this project:
272nd sT l-5 LLc Ownership:Mr. Pintu Bath (Managing Partner)
1 Grady Way South
Renton, WA 98057
206.841.6264
Authorized Agent:PK Enterprises
23035 SE 263d Street
Maple Valley, WA 98038
206.2?7,7445
Contact: Phillip Kitzes
Enclosed are the materials required for a complete application request to Amend the
Comprehensive Plan. We appreciate all your time and effort to review this material^ lf there are
any questions, please do not hesitate to contect me at 206.227.7445.
Sincerely,
PK ENTERPRISES
PHILLIP KITZES
Enclosure
CC Mr- Pintu 8irth, Owner
4
11
KENTwagHlNorgN
-
PLANNING SERVICES
Plennlng ServlcesLocation : 400 w Gowe'
"?iHi'3#Lffi !:i &?:$r;;T*,?ASIS3;tr?:
www. cl. kcnt.wa. us/permltcantersite-specific comprehensive plan
Map Amendment Application
Please prlnt ln black lnk only.Appllcatlon and Publlc Noffce
Fee Schcdule
USE0NLYJF_ 6sR-b
o,
Range_ if=_E
Phone zob-btl-6ltb
Phone:
-
Appllcation KIVA
OFFICE USE ONLY
T7/
Appllcation Name:tc
Klng County Parcel Number (s):fd o //bfaoaozo
% Sectlon N U.Sectlon 2(2
Applicant: (mandatory)
Name:,/ /tc
Mailing Address;o
0 S
Professional License No:t5n Qbb Contact Person
Property Owner 1: (mandatory if difbrent ftom applicant)
Name: \\
Mailing Address:
City/State/Zi
C PR-\l- z W(o'
Property
Name:
Fax N
Signature:
Owner 2: (if more than two property owners attach additional info/signature sheete)
Phone:
Mailing Address Fax N
The above signed property owners
and under penalty of perjury, each
ignate the following party to act as
AgenU Consultanu Attorney: (mandatory if primary contact is different from applicant)
Na me
Mailing Address
' certifo that the above information is true and conect to the best of our knowledgestate that we are all of the legal owners of the property described above and des-our agent with respec't to this application:
City|State(Zip, License No.
aaactta aeaaatt?l}
Privately lnitiated
Date Application
cHl-l
Complete: Completeness Review
D
psd4053 6/30/08 p. I of 2
12
APPLICATION FOR SITE.SPECIFIC COII,IPREHENSIVE PLAN MAP AMENDMENT
Chapter 12.02 of the Kent City Code outlines procedures for amendments to the City ofKent comprehensive Plan. Proposed amendments will be considered by the Land use andPlanning Board after a public hearing, and their re@mmendation will be rppro*0, approvedwith modifications or denied by the City Council. With some exceptions, ComprehensivePlan amendments can only be consid-ered once each calendar year, and all proposedamendments must be. considered by staff, the Land Use and planning Boaid, and the Citycouncil concurrently in order to assess their cumulative impact. The annual deadline forcomprehensive plan amendments is September lstorthe first businer* o"v in September.
DESCRIPTION OF PROPOSAL:
LAND USE PLAN MAP:
Reason/Rationale for
the proposal satisfies
Jr- 5 lvu
proposed comp_rehensive Plan Map Amendment-Address howthe standards of review in 12.02.050 Kent City Code:
CURRENT
DESIGNATION
REQUESTED
DESIGNATION
alu
5 a sE 2gbrt j/w,l 57o
&(tS zur"ta//rc4-
(st sr
a
ub
n IrK f/^
NHI-I
,t/ro,ea/t "/ fL //*
/ro
psd4053 6130/08 p.2of 2
I
13
Planning Services. Mail to: 220 4rh Avenue South . Kent, WA 98032-5895
Permit Genter (253) 856-5302 FAX: (253) 856-6412
www. ci. ke nt.wa. us/perm itcenterKENT
PLANNING SERVICES
Pfease print in hlack ink only.
Location:400 W. Gowe
Site-Specific Comprehensive Plan
Map Amendment Application
on-j
Application and Public Notice
OFFICE USE
Application #:
OFFICE USE ONLY
Address/Location
Application Name:
King County Parcel Number (s):ArrarJl "d(E Sectio ?
ne
Acres:q,3
N Rang e f tr
me phone: ZS3 3)3 zb
Number:- zzd6
Daytime pnone: 7iL-47 9 4 t f 6
SF-9 IER-z
,/o
Appli mandatory)
Townsh ?SL
S Vroru<Name
Mailing Address
City/State/Zip:Ar^-;,^-r^.rufr 7fu2
Professional License No:
Property Owner 1: (mandatory if different from applicant)
Name s-
Mailing Address
$EP{le$??a s * $e I 4 + S # g I + I S I S A r s A s * s s9
enone:2fh478 -? lS I
Daytime Phone:_
ax Number
e Privately lnitiated
S ignature
Contact
Mailing Address Number
City/State/Zip {)Signature
Property Owner 2: (if more than two property owners attach additional info/signature sheets)
J,Name
Mailing Address:
City/State/Zip:
The above signed
and under penalty
ignate the following party to act as our agent with respect to this application:
Agent/ ConsultanU Attorney: (mandatory if primary contact is different from applicant)
Name: aa r"r.4--
Fax N
o Si gnature
property owners, certify that the above information is true and correct to the best of our knowledge
of perjury, each state that we are all of the legal owners of the property described above and des-
rY icense No.
oFFIGE USE oNLY: CITY (}F fqss\4* e City-tnitiated
Date App tication R"""iu"ff HRMIT eHNTEili Received
Date Application Complete:_Completeness Review
GHI-I psd4053 6/30i08 p. I of 2
14
.t.
APPLICATION FOR SITE-SPECIFIC COMPREHENSIVE PLAN MAP AMENDMENT
Chapter 12.02 of the Kent City Code outlines procedures for amendments to the City of
Kent Comprehensive Plan. Proposed amendments will be considered by the Land Use and
Planning Board after a public hearing, and their recommendation will be approved, approved
with modifications or denied by the City Council. With some exceptions, Comprehensive
Plan amendments can only be considered once each calendar year, and all proposed
amendments must be considered by staff, the Land Use and Planning Board, and the City
Council concurrently in order to assess their cumulative impact. The annual deadline for
comprehensive plan amendments is September 1st or the first business day in September.
DESCRIPTION OF PROPOSAL:
CURRENT
DESIGNATION
REQUESTED
DESIGNATION
LAND USE PLAN MAP::tr -oa ll^\\D nF
Reason/Rationale for proposed Comprehensive Plan Map Amendment-Address how
the proposal satisfies the standards of review in 12.02.050 Kent city code:
See-
NHI.I psd4053 6/30/08 p.2 of 2
15
-
dmp, inc.
eity of Kent
220 4'h Ave. S
Kent, WA 98032
September I,2OI7
. MORROW. POBLETE, INC.
ENGINEERING - PLANNING - SURVEYING
.
726 AUBURN WAY N.
AUBURN, WASHINGTON 98002
IELEPHONE: (2s3) 333-2200
RECHIVHF
sEP 0 1,291V
CITY OF KENI'
PERMIT CENTER.RE : Proiect Summ arv and Response to the Co rehensive Plan
The Applicant is requesting a Comprehensive Plan alteration of approximately 9.3 Acres from SF-g to
MDMF. The purpose of the requested alteration is to eventually construct a high quality, multi-family
development with market rate housing opportunities for approximately 100 families. The project is
located at the northwest corner of Kent Kangly Road and 1l-6th Ave SE., with access to 3 metro bus
routes. The applicant understands that the requested Comprehensive Plan amendment will require an
associated rezone in the future.
The parcels associated with the application would be
Address Parcel No.Size Standine
o 25913 116TH AVE SE
r No address
o TL4I4SE KENT KANGLEY RD
o 260O7 116TH AVE SE
o 26015 116TH AVE SE
o 26047 116TH AVE SE
t 11426 SE KENT KANGLEY RD
r 11504 5E KENT KANGLEY RD
o 26447 116TH AVE SE
292205-9I32
292?0s-9072
29220s-91,t9
292205-914s
292205-91.44
292205-9232
29220s-90s6
29220s-9t20
29220s-913o
O.77 Ac.
1.72 Ac.
2.69 Ac.
0.82 Ac.
0.44 Ac.
1.35 Ac.
0.2 Ac.
0.36 Ac.
0.94 Ac.
Concur with rezone
Applicant
Applicant
Applicant
Unrelated
Applicant
Unrelated
Unrelated
Unrelated
Uddin Comprehensive Plan Alteration
16
Resoonse to Com prehensive Plannine Goals and Policies
HOUSING Element - Purpose
There needs to be a wide range of housing types to make housing affordable for every household in Kent
regardless of income, An adequate supply of a variety of housing types and prices is also important to
Kent's employment base and its economic vitality. A mix of homes affordable to a range of income levels
can attract and help retain a diverse employment base in the community, support the local workforce so
they can live close to their jobs and support economic development objectives. Shorter commutes allow
workers to spend more time with their families while benefiting from reductions in traffic congestion, air
pollution and expenditures on roads.
Goal H-2 Encourage a variety of housing types.
Policy H-2.1: Provide adequate sites and zoning to encourage and facilitate a range of housing to
address the regional fair share allocation.
The proposed alterotion will increose the availobility of medium density housing in on oreo dominated by
mixed use and multi-fomily housing. The vost majority of the City is developed with single-family
development and opportunities for more ottoinable housing are limited without changes to the
comprehensive plan. The proposed omendment will support the adopted Policy by paving the woy for a
high quality, market rate development.
Policy H-2.2: Encourage infill development and recycling of land to provide adequate residential sites.
Policy
The area under consideration is a mixture of developed and undeveloped lond which is surrounded on all
sides by residentiol development of voried intensity. Approvol of the proposed omendment would
support both infill development and recycling of under-developed lond. Infill developntent and
redevelopment are also necessary to achieve growth malxagement objectives such as maximizing the
fficient t'tse of land and increasing the variety of lzot"tsing choices and prices.
2Uddin Comprehensive Plan Alteration
17
LANDUSE Element - The Land Use Element guides the distribution of various land uses, shapes the character
of the development pattern
Policy LU-2.2: Promote and support public transit, bicycle and pedestrian circulation within compact
urban settings.
The proposed comprehensive plan change will increase residentiol density in on area that is currently
dominoted by similor medium density housing developments. Higher density development supports
public tronsit. The proposed alteration site is also located at the crossroods of two significant transit
corridors. Metro Transit Stops #60465 and #60479 are located ot the southeost corner of the project site
Metro routes #1-64, #91-4 run eost ond west along Kent Kangly Road. Stops #85845 and #85878 ore
located iust north of the project site. Route #157 proceeds north ond south along 1-16th Ave SE.
Policy LU-3.2: Encourage medium- and high-density residential development in the Urban Center that
supports high-capacity transit and is affordable to all ranges of income.
Adoption of the proposed amendment will result in the creotion of additionol medium density residential
development at the intersection of two tronsit corridors.
Policy LU-5.1: Adopt and maintain policies, codes and land use patterns that promote walking, biking,
public transportation and social interaction to increase public health and sense of place.
Adoption of the proposed omendment will result in the creation of odditionol medium density residential
development at the intersection of two transit corridors. lncreosed urban density in areos of existing
transit service support the odopted policy.
Policy LU-5.3: Locate housing opportunities with a variety of densities within close proximity to
employment, shopping, transit,human and commun servlces.
The proposed alteration site is locoted at the crossroods of two significant transit corridors and is in close
proximity to the 104th Ave SE commercial corridor. Kent Phoenix Academy is olso locoted southeast of the
project site and provides educotional opportunities to High school students who need alternotive
I e a rn i n g e nv i ro n m e nts.
Goal LU-7 : Kent will provide opportunities for a variety of housing types, options and densities
throughout the City to meet the community's changing demographics.
The proposed alteration will increase the housing options in an area that has existing urban services,
extensive public transit opportunities and is close to commercial services. Previous low density housing
proposals have failed to develop in this location because of the changing market place ond regulatory
environment. Approval of the proposol will provide the opportunity to meet community needs in a
responsible woy.
3Uddin Comprehensive Plan Alteration
18
1 )
Policy LU-7.3: Allow and encourage a variety of multifamily housing forms and densities within
designated commercial mixed-use land use areas.
The proposed alteration is locoted at the eastern edge of the 104th Ave SE (SR 5L5) commercial corridar
It is surrounded on three sides by multi-family development and mixed use opportunities are presentto
the southeast.
Project
Site
Vicinity Map
NTS
4Uddin Comprehensive Plan Alteration
19
Uddin Comprehensive Plan Amendment
Approval Standards & Criteria
Parcel (s) #292205-9056,-9012, -9120, -9130,--9132, -9119, - 9145,-9144 and,-9232
SF-8 to MDMF
Northwest Corner of SR-516 and 116th place SE
RffiGffiH}./ffiM
$[P 0 1 A$.|/Request: _Hdffiuf,%#*THA*
The applicant seeks to have approximately 9.03 acres re-designated from SF-8 to MDMF. The
request involves nine parcels located in the northwest corner of the intersection of SR-516 and
l-16th Ave SE. The project area has full urban services and is at the intersection of two active
transit corridors. The project site is surrounded on three sides my multi-family development of
a similar nature. lf the alteration is granted, the applicant willfile a rezone application to bring
the property into compliance with the new comprehensive plan designation. The final goal is to
construct a, high quality, medium density multi-family community on the project site.
The Comprehensive Plan:
ln 1995, the Kent City Council adopted the original Kent Comprehensive plan. The 1-995 plan,
with its subsequent updates (2105), was prepared under the provisions of the Washington
State Growth Management Act. The Comprehensive Plan, through its goals and policies,
presents a clear expression of the City's vision of growth for citizens, the development
community, and other public agencies. The plan is a guide for decisions on amendments to the
City's zoning code and other development regulations.
The City of Kent Comprehensive Plan is comprised of nine elements, which contain written
goals and policies, as well as a land use map. The Applicant's proposed Comprehensive plan
Amendment, and later Rezone, supports several goals and policies in the Kent Housing and
Land Use elements. Most notably, goals H-2, LIJ-2, LU-3, LU-5, LU-6 and LU-7; and policies H-
2.3., H-2.2, H-2.4, LU 2-2, LU 3.2, LU-5.L, LU-6.3 and LU-7.3, related to accommodating a wide
variety of housing options, encouraging infill development and supporting public transit
through higher density residential developments. The properties in question are serviced by
existing urban services and transit infrastructure. The City of Kent codes and policies support
the development of close-in vacant or underdeveloped properties which limits further urban
sprawl on the edges of the planning area. ln addition, in-fill development provides a more
efficient means of providing services and enhancing pedestrian mobility. Furthermore, one of
the objectives of the Comprehensive Plan is to provide a wide variety of housing types and
opportunities to accommodate projected population growth (Goal H-2 of the Housing Element).
The Overall Goal of the Land Use Element is to encourage a future growth and development
pattern which implements the community's vision, protects environmentally sensitive areas,
and enhances the quality of life of all of Kent's residents. Development of multi-family housing
Uddin Comprehensive Plan Alteration Request
20
on underdeveloped land along a majortransit corridor is consistent with this objective and the
policies identified above.
t2.o2.o 50 Comorehensive o lan amendment stand ard of review criteria
1. The amendment will not result in development that will adversely affect the public health,
safety, and general welfare;
The Proposed amendment and future re-zone will not result in development that will
adversely affectthe public health, safety, and generalwelfare. Granting of this request
would provide an opportunity for the orderly expansion and prudent infill of high quality
multi-family development within the subject area. Primary water and sanitary sewer
utilities are available to the project site. Adequate emergency access to the property is also
available. Storm water facilities for any future development would be constructed to the
applicable standards.
The amendment also provides for a broader proration of capital improvement costs for
utility extensions by developers. The proration of developer extension agreement costs
helps the City to achieve its attainable housing goals. Neighborhood tax revenues, taken
together with Traffic and School related mitigation fees, will provide funds to continue the
municipal services offered to the existing neighborhood and surrounding area. The
proposed designation is also consistent with the surrounding development pattern-
2. The amendment is based upon new information that was not available at the time of
adoption of the comprehensive plan, or that circumstances have changed since the
adoption of the plan that warrant an amendment to the plan;
The subject parcels have been considered for development on multiple occasions. The
existing low density residential designation does not support the costs that would be
associated with developingthe area in question. The location of the parcels, atthe
intersection of two significant arterials, also makes it unsuitable for low density development.
The adjoining land use pattern is predominantly medium density multi-family housing.
Approval of the proposed amendment would bring the area into conformance with the
surrounding development pattern and address the economic realities that accompany a
project site with extensive improvement costs. Policy H-2.2 encourages infill development
and the recycling of land to provide adequate residential sites. Adoption of updated
development regulations have significantly increased the challenges associated with providing
attainable housing and hamper the development of infill housing at lower residential
)Uddin Comprehensive Plan Alteration Request
21
densities. Circumstances have changed since the adoption of the original comprehensive plan
designation and the designation of this project site should change to reflect the situation on
the ground..
3.The amendment will result in long-term benefits to the community as a whole and is in the
best interest of the community;
Approval of the amendment will result in long-term benefits to the community as a whole
and will be in the best interest of the community by providing high quality, market rate,
housing opportunities in a location where full urban services and community transit are
readily available. The project site is also in close proximity to the 104th Ave SE (SR-5L5)
commercial/employment corridor. As previously indicated, granting of this request would
provide an opportunity for the orderly expansion and prudent infill of medium density, multi-
family housing units within the subject area. Neighborhood tax revenues, taken together
with Traffic and School related mitigation fees, will provide funds to continue the municipal
services offered to the existing neighborhood and surrounding area.
Thegoalsandpoliciesofthecomprehensiveplan,expressestheCity'svisionofgrowth. The
proposed amendment is consistent with goals H-2, LU-2, LU-3, LU-5, LU-6 and LU-7; and
policies H-2.L,H-2.2,LU2-2, LU 3.2, LU-5.1, LU-6.1-, LU-6.3 and LU-7.3 related to expanding
housing options, encouraging infill development and supporting public transit through higher
density residential developments. By implementing these stated goals and policies, the
proposed amendment will provide long-term benefits to the community as a whole and is in
the best interest of the community.
4. The amendment is consistent with other goals and policies of the comprehensive plan, and
that the amendment will maintain concurrency between the land use, transportation, and
capital facilities elements of the plan.
The Applicant's proposed amendment is consistent with the applicable goals and policies of
the Kent Comprehensive Plan. Given the current condition of the subject property, the
amendment will not disrupt concurrency between the land use, transportation, or capital
facilities elements.
Land Use Policy LU-2.2 directs the Cityto promote and support publictransit, bicycle and
pedestrian circulation within compact urban settings. Publictransit is supported by higher
density housing along existing transit corridors. This type of higher density, infill development
makes efficient use of existing publicfacilities and supports a more attainable housing
option.(H-2 .2, H-2.4, LU-2.2, LU-3.2, LU-5.1 and LU 6.3)
Much like the Land Use element, the Transportation Element supports community livability
and economic vitality by addressing connections between people and places. The proposed
JUddin Coniprehensive Plan Alteration Request
22
t
amendment is consistent with, and supports, several transportation policies. Policy T-1.1
directs the City to locate multi-family housing and other uses that generate high levels of
traffic in designated activity centers around intersections of principal or minor arterials.
Similarly, Policy T-L.4 encourages land use patterns that support public transportation, and
pedestrian transportation to increase public health. The proposed alteration is consistent
with both of these elements and the eventual development of the project site willfurther
support improvements to the overall transportation network through required frontage
improvements, dedications and impact fee payments where appropriate.
SummarV:
The proposed comprehensive plan alteration is supported by relevant goals and policies
contained within the City of Kent Comprehensive Plan. The amendment is consistent with the
land use patterns of the surrounding area and will provide strong support for the nearby
transit service. The alteration is also reflective of the existing development patterns and
economic forces that are impacting the region as a whole. ln the end, the approval of this
alteration will pave the way for the creation of a high quality, market rate community that will
meet the needs of Kent residents.
Project:
Site l
Vicinity Map
NTS
4Uddin Comprehensive Plan Alteration Request
23
To
Planning and Development Office,
The City of Keirt,
Kent WA
Kamail Johal
SILVER LANE LLC
848 Kirkland Ave
Kirkland WA 98033
October 29,2017
Dear SirlNrladam,
I have applied to re-zone our property located at2604| 116ft Ave SE Kent WA 98030 (Ta:<
Parcel #292205-9232\.
I am also *riting to state that we are supporting the re-zone application by our neighboring
properties.
I sm the Governor/Jvlanger member of Silver Lane LLC and fully authorized to sign on behalf of
the LLC.
Yours Sincerely,
Karnail Johal (Governor/lManager Member)
SILVER LA}IE LLC
Q06) 478-9 1 88, karsjohal@gmail.com
24
Please print tn blaek lnk only.
Application #:
Application and Publlc Notice
Board Fees...See Fee Schedule
OFFICE USEONLYOFFICE USE ONLY
Address/Location Tq
Application Name : St t-u( Z la..,r.r€ t- t / -
King County Parcel Number (sl: LTLLOS- A23Z-_ Acrcs: l'3o frItf**
% Section .., Section .Township Al€ Z?3_2:S N Range_E
Applicant: (mandatory)
Name 8tw LLc-Phone: 2s(-41X,- a|l g
Mailing L
Ksr*l '?Dlt^^o^'-- n^-rt
Professional License No Contact Person:4'-J
Property Owner 1: (mandatory if different from appticant)
Phone:_
Mailing Address: Fax Number:
City/State/Zi
Property Owner 2: (if more than two property owners attach additional info/signature sheets)
Name:" - .- ,Daytime Phone:_
Mailing Address: Fax Nu
The above signed properly owners, certiff that the above information is true and conect to the best of our knowledge
and under penalty of perjury each state that we are all of the legal owners of the property deseribed above and des-
ignate the following party to act as our agent with respect to this application;
AgenU Consultantl Attorney: (mandatory if primary contact is different from applicant)
Mailing Address:
Daytime Phone:_
Fax Number:
City/State/Zip: License No.
t a a l3 0 {t c l a o G J o o t t a t} o o o.t t t a o I t il t i t I t a t a a t a a a i
oFFtcE usE oNLy; a City_lnitiated E privatety tnitiated
Date Application Received:_ Received
Date Application Complete: ... Completeness Review
GHI-I psd4053 680/08 p. I of 2
25
ELI'ERLANE ]"TC
Registered Agent lnformation
Agent Name
Address
604141134
LLC
Active
WA
06120t2017
06t30t2018
Perpetual
SARMEET I(ANG
848 KIRKLAND AVE
KIRKLAND
WA
98033631 8
City
State
UBI Number
Category
State Of lncorporation
Active/lnactive
WA Filing Date
Expiratlon Date
Duration
zaP
NameTitle
JOHAI KARNATL
q-----f
Governor
2)(tttp//app.lqguago/RC\,\tgr@105))(c defired in RC\ 12395.1 05 (1
26
King County Departnrent of Assessments
FDir. Equ ilsblc, ahd Underslrndxl)h Prope(y Vatuatone
Horne How do l--. Services Aboul l(ing County Depadments
27
I
Blue Brick Rezone
Dato:8r102017
!bbE:
A &f rcngco,-ty
GISCnvrnn
28
Ts:
Ptanniag and DeveloBrnent Officc,
Tne City of Kent,
Kent WA
Oototer 2% 2017
Iv[alkiat Singh and ll+jeet Singh, z1ig13 116rh Ave SE.
Kentr rtrA9g0g0
Deff S;A4adaxq
ISrnStucsltingthe.e-zoning of my prop€rfy loeatEd at 25g13116ft Ave sE. Kent wA gg030(Tax Parcel #2gZZOS-91r32).
I ani also vniting to state that;I am supportlng the rre-zone aFFlication b my neighboringproperties.
Yoirrs Sincerely,
Malkiat Sineh
llajeet,sirgh
29
ffl ringC,ounty
1 tap 'l his |tropertl'tlroptrtl"l'rrr llill tJlrrssarl o1'l'trnrs | .\rt,a Itrport l'ropcrn' Drr(til
ADVERTISEMENT
#r
t&I
SINGH MALKIAT+HARJEET
AVFI:SE 98030
PORTION OF NE QTR NE QTR STR 29,22:05 DAF: COMMENCING AT NE CORNER Of S HALF SE QTR
OF $AID NE QTR NE OTR TH N88.1H6WALONG N UNE OF S HALF SE ATR NE QTR NE QTR OF
SAID SECTION 29 DISTANCE OF 3O,OO FT TO TPOB TH SOO.55-52W ALONG WLY MARGIN OF 116TH
AVE SE 176,59 FT TH N88-16-18W29 DISTANCE OF 197.85.FT TH N00-55-52E 29 DISTANCE OF 176.91
FT TO N LINE OF S HALF SE QTR NE QTR NE QTR TH S88.10-56E ALONG SAID S LINE 197.86 FT TO
TPOB (AKA -REVISED LOTA'AS DESCRIBED & DELINEATED PER CITY OF KENT LOT LINE
ADJUSTMENT NO LL-97-18 RECORDING NO 9801261602) EXC E 8.00 FT CONVEYED TO CITY OF
KENT BY DEED UNDER RECORDING NO 20060103002670
Name
Legal
PARCEL
BUTLDING 1
3t 60
2.00
Total Square Footage
Number Of Baths
30
Blue Brick Rezone
Ub:8/i0,2Dl7
l$bs:
Ercrgr.-*y
GISCrvrrr
Ttiltilordllonhdudddontl!mh-ba.rcfiEtctbyKi[CoudrrbfllDfr.EdctrlaslltgEndblubjrdlDcfDng.wahoundb- Klr?Coqgdles E laFerola.trm otwEnlb., c?rPrst orinptiai, ar u urnicy, omg-rnir, ttmotra. or righ! !o tha 6. otsEh lrftfrdgn. ttdr d6Ganl LrEt htEldcd br 6. e . ildEy prdud. Khg C@rty $d &t br thdrt*lny i€Frd, spcci.l Indrict. n!om+ c q:re-+-iniili a"rr"g. tnorrorp.tll nc lfi{td lo' lolt mnF. d l6t prdi! mdtht lM lha e cI rd5E;fih. td;riEtton cd{.rrga o trrr "i"'i iiir-ii*iGr nrpr or htomroon mthb mp b pFhitbd dEC bywnln pc.nt lhn dihg Comty
N
A
31
4.
Tq:
Planning and Deveiopment Office,
The City,of Kent,
Kent WA
Aplr Singh and Kulwinder Kirur
2GAA7 lt,6rhAve SE
Kent, WA 93030
October 29;201?
Dear Sir/lrdadam,
li* t"q"Tting the fTgqlg ofmv pr0p€rty l,ooated ar26oa7l t6rh Ave sE Kent wA.9g030(Tqx parcel # Z*ZZ05€1 45).
iffir*fting to state that I am supporting the re-zone application by rny neighboriqg
Yorue $incerel,v,
KulwinderKaur
32
S ringCounty
t.;l'SSAl"1 0{ l (loitl'rrrlxrt1 I Lr tlirf | ,tt,,p I his I'il)p(,rttN(ri Sed{lr I'rina I'roFcrtr DctililArsrt ltrpoj t
ADVERT]SEMENT
&
1525
NE:29:22-5
Levy Code
uilding NumberPlat Block / B
Quar{er€ection-Township-
SINGH APAR+KULWINDER
KAR
?gg?1, {qrti.fve,se eiplq,
061-006 (SWAppraisal
District)
Name
Residential Area
PARCEL DATA
LAND DATA
PRESENT USEHighest & Best Use As
lmproved
Unbuildable
ing SR.8
AD.YEE
33
Blue Brick Rezone
Deb: Ul0/2017
l.lolss:
A !|fhgta,rtty
GISCbT.nER
34
t '.i
To:
Planning and Development Office,
The City of Kent,
Kent WA
Karnail Johal
KARMA 2OI7 LLC
848 Kirkland Ave
Kirkland, WA 98033
October 29,2AI7
Dear Sir/lvladam,
I have applied to re-zone our property iocated at 11404 SE Kent-Kangley Rd. Kent WA 98030
(Tax Parcel #2922A5-g 1 1 9).
I am also writing to state that we are supporting the re-zone application by my neighboring
properties.
I am the Governor/lrdangermember of Karma2AIT LLC and firlly authorized to sign on bebalf
ofthe LLC.
Yours Sincerely,
Karnail Johal (Governor/Ivfanager Member)
KARMA zAN LLC
QAq 47 8-91 88, karsjohal@gmail.com
35
Piease ptint in hlack ink oqly,Appllbation and Publlo Hotice
Boad Feee...Sea Fse Schedule
Application ut "- 6#;Effidi' KlvA#:
6;iGG;66
-9,
Application Nam 7o L c
King County Parcet Number (s):L1 zLoS- 9t tq Acres=A]2WX
7r Sectlon section . Township-N{-z?= 22- f N Range-E
Applicant: (mandatory)
r,ume:,.K*t<m*t 2o t7 Lt,5,,.......,.-, -Daytime phone:24!=.fr{:11 fi(
Mailing Addre$s
c o
Profiessional License No:Contact Person
Property Owner 1: (mandatory if different from appticant)
Phone:
Mailing Address: Fax
Property Owner 2: (if more than two property owners aftach additional infu/signature sheets)
Name: Daytime Phone:_
Mailing Address:_ Fax N
The above signed property oilners, certiff that the above information is true and conect to the best of our knowledge
and under penalty of perjury each state that we are all of the tegal orvners of the property described above and des-
ignate the bllowing party to act as our agent with respect to this application:
AgenU GonsultanU Attorney: (mandatory if primary contact is difbrent frorn applicant)
Name, Daytime Phone:_
Mailing Address: Fax Number
City/StateZip: ,,.. LicenseNo.:
aaltal aaaaatt tr oaa alaoatttaaatltaeaaattt aar.
OFFICE UgE ONLY: tr Gity-tnitiated tr privatety tnitiated
Date Application Received:_Received by
Date Application
GHl-I
Reviafl
psd4053 6/30/08 p. I of 2
36
KARMAMTIIJC
UBlNumber
Registered Agent I nformation
Clty
6A4A74272
Active
WA
01tg7nm7
01t31na18
Perpetual
SARMEET I(ANG
848 KIRKLAND AVE
KIRKLAND
WA
LLC
Name
980336318
State Of lncorporation
Category
Active/lnactive
WA Flllng Date
Explration Date
Duratlon
Agent Name
Address
State
ztP
Title
05 (1 ZXftttr//applegnagw/RCt/ttlzu@1 05))C:ornmirg Ferrcrs (c defined $rr RCVV 299i1
lohal, Karnail
.lr----
Governor
37
\fl ontC,ounty
ApyERTTSEMENT
t[@ &Irropr.rh'[*r l]ill i\lap This I'rolrrrtr (ilorsrrr 0['l crmsN** Selrch l'rir)t Pflrl)r'ltv l)(.1llil
1525Levy Code
Plat Block / Building Number
Quarter-Section-Township-
Range
KARMA2O17ILC
061-006 (SWAppraisal
District)
Name
Residential Area
PARCEL DATA
LAND DATA
38
Blue Brick Rezone
ftflrrngC.,"*y
GISC-sr.rrER
Thcltformushd/dsdonuLmFhEb6cilFil.d!!Kh!co!ily.bttlnrndat-.lEuEo.trdbubtoitoct rtcwlhootrolk KhrconvmlGr rc oFqdi.llom or wEnS6. qDdr orirpfai, a io ceuica oifl.n"r, tn.lurq d dg+l! to th. @ ot.Eh lrrom.don. Tltt d6hql l.fit hlod.d lf eu a w sodtd. XtsoCoutt ahd rEt bc]rd.b;sny riqaa, ieocq prAUot dacnr"l rme*.nit"i!-"g- rn"rr*rg,hrrDd rniodto, bsttlw6 dbrErdb Erutnri ou nre qoirrtuo6rjnijrtdnirui,'_rliii&'illni-,i"ifriii"?iibnp orinromrrionmnll np bpFhDlld qrd byvtld pdmFlbl C-XnC O"*t, -
Dab:A/l0120tz
llols{
A
39
)
To:
Planning and Development Office,
The City of Kent,
Kent WA
Karnail Johal
848 Kirkland Ave
Kirktand, WA 9803i
Ootober 29,2An
Dear Sir/]vladam,
I am requesting the re-zoning of my vacant property located in Kent WA 98030 (Tax Parcel
#2922s5-s}74.
I am 61sq uiriting to state that I am supporting the re-zone application by my neighboring
properties.
Yours Sincerely,
Kaxnail Johal
yt#J
40
{
Please prlnt In hlack ink only.
Application #: KIVA
OFFICE USE ONLY
Application and Public Notice
Boad Feee...See Fse Schedule
OFFTCE USE ONLY
Address/Location T4
Application Name: l<e-a^/n ir, a ,TAD*L
King County Parcel Number (s)o ncres= |7 o $ffeex
7e section-$ection TownshipNE -L1- z2-9-tl Range-E
Appllcant: (mandatory)
Ph one,-2f&&52LRI
Mailing Address
City/State/Zip
Professional License No:
Num
Contact Person:
Property
Name:
1: (mandatory if different from applicant)
Mailing Address Nu
City/State/Zip: Signature
Property Owner (if more than two property owners attach additional info/signature sheets)
Name Phone:
Num
Signatu
The above signed property owners, certify that the above information is true and correct to the best of our knowledge
and under penatty of perjury each state that we are all of the legal owners of the property described above and des-
ignate the following party to act as our agent with respect to this application:
AgenU ConsultanU Attorney: (mandatory if primary contact is different from applicant)
Phone:
Mailing Address: Fax Nu
City/StatelZip: License
3 a !t Oa a 13 S C a t T T C S f l a a I l| t at ia I I l.o o * of a t l a c oo co
OFFICE USE ONLY:tr city-tnitiated tr Privately lnitiated
Date Application Received:_Received
Date Application Complete: Cornpleteness Review
GHI.I psd4053 6/30/08 p. I of 2
41
Ef, *t*cotrnty
\r.rr \t:tr'th I'ropertr I lr Ilill \ lap 'l'his l'r ()llu1\(;l{)ssiirl ul [-t'tms \r'ca Rr'gnrt 1'r'ir)i I'rol)r'rt\ l)ttrtil
ADYERTI9EFIENI
@
1525
NE-2S22-5Quarter€ectiorFTawFhiP-
R*ge
Levy Code
NumberPlat Block / Bulldlng
I(ARNAIL S JOHAL
061-000 (SWAppraisal
Dlskict)
Name
Resldentlal Area
PARCEL DATA
Descrl
42
Blue Brick Rezone
Er.sc*"ny
GISCnrrrx
D{ts: B/102O17
tlobs:
N
A
43
To:
Flairning and Develryre-snt effi sr,
TheCity ofKent,
Kent WA
Yicki Lazor and Sandra Snydef
26041 tldrh Ave SE
Kent, WA 99030
A,ugust 3i, 2017
D.ear $ir/Madam.
I arn roquesting the re:zsning of,rny propertv l(rcafed ar26{F;l116th Ave sE Kent wA gg030.
I un ulP ttcritirrg to stale thst I ar-h suppdning the ro-aone aBplication by three of my neighboringPropertieisr ' - Tr--- +YY *r
Youe Sincelely,
Vtcki Lazar
Sandla Snyder
44
!fl rinsCounty
I)roprll ltr BiU ll:rp 'l his i'rollrr1.v fjlnsstr.r'rtf Trtms {'rint Pr1}lterl} l)r'hilrt rcrr lteport
1525
NE-29-225Qua rter€ection-Township-
Range
Levy Gode
Flat Block I Building Number
TEACHER CI.IILDCARE
CENTER INName
Spec Area
PARCEL DATA
Home How do 1... Services About King County Departnrents
King County Department of Assessments
Fair, Equitable, and Unclerstandable Property Valuations
ApvERTrS.E".IVIFNT
&
Description
45
Blue Brick Rezone
Elro'gC**t
GISCSI{TER
Tlf,ltilormdon hdud.don u{a mtp b- b.Bncopltd by ShE Coudt rt ttt6n r Hiory.dmll6 ed b lubro.ito crnno. dhou hotiF. KhEc6qtlymk€l@..J.4!rraaliu o.wnolilr, rr9tg or inrp[ed', m io reuiq,. €mtadrr.q, ltfrstnda or dg]i! bih. @ ,;;tr irfom*o. rn. ocnor*trill inl"dad 61 6. r..3ud.t !rd!c Khg co,urty rlEl mt br lEu! t;rny irwd, +eal tnalnd, lftt&lrrl, c orqraoiai caage ta.&dhg,hn n4 ldid to, bll BdcB or ldpdD-FoulFi film tha m $ rd{o 6riniirro-rnirmn enaa;fi otn-;;&;i";Eiimp orhtomagononff mp b FEhtlGd c€il by wtten F€rmblbn d XhC Cou.ty.
Ibto:8/10{2017
I'bba:
N
A
46
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
Date: November 6, 2017
TO: Chair Bill Boyce and Economic & Community Development Committee
FROM: Charlene Anderson, AICP, Long Range Planning Manager
RE: 2016 Docketed Code Amendments
For Meeting of November 13, 2017
SUMMARY: After holding a public hearing on October 23rd, the Land Use and
Planning Board recommended City Council approval of the following 2016 docketed
code amendments, as revised at the meeting:
1. Amend the purpose statement for the M1 zoning district.
2. Delete critical areas definitions and correct related code references.
3. Increase the height limitation in the MTC-1 zoning district while maintaining height
restrictions near residential zoning districts.
4. Allow house-banked card rooms as principally permitted uses in CC, CM-1, CM-2,
GC, and M1-C zoning districts not located in areas designated
Manufacturing/Industrial Center, and as conditionally permitted uses in CC-MU and
GC-MU zoning districts. Do not allow house-banked card rooms in areas designated
Urban Center on the Land Use Plan Map. Add the following note in the code table
wherever house-banked card rooms are allowed: Should any court of competent
jurisdiction find that the City zoning for house-banked card rooms is unconstitutional
or illegal, the City elects to permit a legally-existing house-banked card room to
continue operation as a nonconforming legal use and otherwise bans house-banked
card rooms.
5. Allow mathematical rounding for calculation of number of lots for subdivisions,
short plats and multifamily development.
6. Apply residential design review to all newly-constructed or reconstructed
residences.
7. Apply five-foot side yard setbacks to single family residential development in SR-
4.5, SR-6 and SR-8 zoning districts.
8. Increase the public notice mailing radius for short plats, require a major alteration
for access changes to plats and short plats and allow major alterations to retain
vesting.
EXHIBITS: Draft Ordinance; Memos to LUPB (4); PowerPoint presentation;
Side yard setback comparisons; Setback photos (5); Exhibits (4); SEPA checklist,
decision document and DNS
BUDGET IMPACT: N/A
MOTION: Approve/Deny/Modify the Land Use and Planning Board
recommendations on the 2016 docketed code amendments as provided in
the draft ordinance.
47
1 Annual Docket Amendments -
Re: Development Regulations
ORDINANCE NO.
AN ORDINANCE of the City Council o f the
City of Kent, Washington, amending Chapters 3.21,
15.02, 15.03, 15.04, 15.08, and 15.09 of the Kent
City Code pertaining to development regulations as
part of the City’s annual docket process.
RECITALS
A. The City of Kent (“ City”) considers annual amendments to
plans or development regulations that are suggested by interested persons
via a docket process.
B. On October 18, 2016, the city council approved the 2016
docket items and amended 2014 and 2015 docket reports, which included
the code amendments adopted through this ordinance.
C. The purpose statement for M1 Industrial Park District zoning
included a phrase that needed a grammatical correction. The issue was
considered under D ocket No. B.1. The correction is in cluded in th is
ordinance.
D. On April 19, 2005, the city council passed Ordinance No. 3746
that created Chapter 11.06 of Kent City Code (“KCC”) pertaining to critical
areas. The critical areas code obviated the need for the zon ing code to
contain regulations related to critica l areas, and those regu lations in the
zoning code were repealed. The repeal did not inclu de related definitions
48
2 Annual Docket Amendments -
Re: Development Regulations
in the zon ing code nor did it corre ct other references to the repeale d
sections of the zoning code. Appropriate code definitions and references
were considered under Docket No. B.2. Those definitions and references
are repealed or corrected by this ordinance.
E. Chapter 3.21 KCC prohibits new social card games in the city
except those operated or conducted by bona fide charitable or nonprofit
organizations. Docket No. B.3 requested consideration of removing the
ban on new social card games in certain areas of the city.
F. Docket No. B.4 requested consideration of op tions for
dumpster space for recycling and composting in multifamily developments.
The city is po stponing code amendments pertaining to dumpster space
until review and co nsideration of amen dments approved a t the cou nty
level.
G. On March 6, 20 07, the cit y council passed Ordinance No.
3830 that established design review for homes located within subdivisions
and short subdivisions vested after March 22, 2007, or altered to comply
with code amendments effective after March 22, 2007. Ordinance No.
3830 also created mixed side yard setbacks. As n oted in the recitals of
that ordinance, the outcomes heard through extensive pu blic outreach
included reducing visual m onotony, creating additional space between
buildings, improving building aesthetics and reducing perceived over-
crowding. Docket N os. B.5 and B.6 considered whether the side yard
setbacks and application of residen tial design review were creating the
result desired by the city. This ordinance includes amendments intended
to achieve the desired result.
H. In 2014, the city e ngaged the services of the U rban Land
Institute Technical Assistance Panel (“panel”) to consider which light rail
49
3 Annual Docket Amendments -
Re: Development Regulations
station locations in the Midway area wou ld best support transit-oriented
development and related economic and environmental benefits envisioned
in the Midway Sub area Plan. The panel also suggested flexibility in
regulatory requirements, including increasing the height limit in the
Midway Transit Community-1 (MTC-1) area to seven stories or 65 fe et
while maintaining the reduced height allowance when abutting a residential
district. The height increase was considered under Docket No. B7 and is
reflected in this ordinance.
I. On October 7, 2014, the city council passed Ordinance No.
4124 amending the Kent City Zoning Code to clarify that marijuana-based
land uses are prohibited in all zoning di stricts in the city. On July 5, 2016,
the city council passed Ordinance No. 4208 repealing sections of city code
pertaining to medical cannabis collective gardens and pro hibiting the
establishment of residential medical marijuana patient cooperatives in all
zoning districts of th e city. Fu rther consideration of these prohibitions is
not ripe for analysis at this time (Docket No. B8).
J. On December 13, 2016, the city council passed Ordinance No.
4222 designating the Riverbend Gateway project area as a residential
targeted area for multi-family limited property tax exemptions. The city
council does not desire to consider extending exemption to other locations
at this time (Docket No. B9).
K. On October 19, 2010, the city council passed Ordinance No.
3978 that removed rounding as a mechanism for determining density
when there are less than four lots, and raised the fraction needed to gain
density for lots whe n there are four to nine. Re sidents had expressed
concern that rounding in so me circumstances could create building lots
whose size conflicts with the character of the surrounding neighborhood.
The ordinance also recognized that rounding was one way to affect
50
4 Annual Docket Amendments -
Re: Development Regulations
achieved densities in accord ance with the Growth Management Act a nd
offset additional requirements imposed on subdivisions as a result of new
residential development standards.
L. At their June 7, 2016 meeting, the economic and community
development committee approved including consideration of the rounding
provisions in the work program along with the 2016 docket. The rounding
provisions are included in this ordinance.
M. The public has expresse d concerns about the City’s pu blic
notice procedures. At their May 8, 2017 mee ting, the land use and
planning board approved including consideration of public notice process
improvements along with the 2016 docket. Public notice process
improvements are included in this ordinance.
N. On September 20, 2017, the city requested expedited review
from the State o f Washington under RCW 36.70A.106 for the city’s
proposed amendments to KCC. The expedited review wa s granted on
October 9, 2017.
O. On October 6, 2017, the city’s SEPA responsible official issued
a Determination of Nonsignificance for the code amendments.
P. The land use and pla nning board held a workshop to discuss
these code amendments on September 25, 2017. After appropriate public
notice, the board held a public hearing on October 23, 2017 to consider
the proposed code amendments and forwarded their recommendation to
the city council.
51
5 Annual Docket Amendments -
Re: Development Regulations
Q. On November 13, 2017, the econo mic and community
development committee considered the recommendation of the board and
made a recommendation to the full city council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Chapter 3.21 of the Kent City Code
entitled “Gambling Tax,” is amended as follows:
Sec. 3.21.010. Gambling activities and tax.
A. Tax imposed. In accordance with RCW 9.46.110, the following taxes
are levied upon all persons, associations, and organizations who have been
duly licensed by the Washington State Gambling Commission to conduct or
operate gambling activities:
1. For bingo games and raffles, a tax rate of five (5) percent of
the gross receipts received therefrom less the amount awarded as cash or
merchandise prizes;
2. For amusement games, a tax r ate of two (2) percent of the
gross receipts from any such amusement games less the amount awarded
as prizes, which is an amount less than the a ctual amount of cost s of
enforcement by the city of the provisions of Chapter 9.46 RCW;
3. For punch boards a nd pull-tabs for bo na fide ch aritable or
nonprofit organizations and for commercial stimulant operators, a tax rate
52
6 Annual Docket Amendments -
Re: Development Regulations
of ten (10) percent based on the gross receipts from the operation of the
games less the amount awarded as cash or merchandise prizes;
4. Commencing July 1, 2013, for social card games not
prohibited by subsection (D) of this section, a tax rate of seven (7) percent
of the gross revenue from those games. Beginning January 1, 2017, this
tax rate will return to eleven (11) per cent of the gross revenue from those
games.
B. Definitions. For the purposes of this chapter, the words and terms
used herein shall h ave the same mea ning given to each pursuant t o
Chapter 9.46 RCW, as same exist or may from time to time be amended;
and as set forth u nder the rules of the Washington Sta te Gambling
Commission, WAC Title 230, as the sa me exists or may hereafter be
amended, unless otherwise specifically provided herein.
C. Exemption from tax. No tax shall be imposed under the authority of
this chapter on bingo or amusement ga mes when such activities or a ny
combination thereof are conducted by any bona fide charitable or nonprofit
organization as defined in Chapter 9.46 RCW, which organization has no
paid operating or managem ent personnel and has gross receipts fro m
bingo or amusement games, o r any com bination thereof, not exceeding
five thousand dollars ($5,000) per year less the amount awarded as cash
or merchandise prizes. For ra ffles conducted by bona fide charitable or
nonprofit organizations, no tax shall be imposed under this chapter on the
first ten thousand dollars ($10,000) per year of gross receipts, less the
amount awarded as cash or merchandise for prizes.
D. Social House-banked card roomsgames – Prohibited – Exceptions.
Pursuant to RCW 9.46.295 and to the city’s police power and legislative
authority, the op eration or conduct of house-bankedsocial card
53
7 Annual Docket Amendments -
Re: Development Regulations
roomsgames by any person, association, or organization as a commercial
stimulant, as defined in Chapter 9.46 RCW, is allowedprohibited within the
city of Kent pursuant to Title 15 Kent City Code; provided, that h ouse-
banked social card game establishments licensed by the Washington State
Gambling Commission, lawfully operatin g in an are a as described in RCW
9.46.295 and annexed by the city of Kent, and which are in compliance
with the provisions of this chapter, may continue to operate house-banked
social card games as a commercial stimulant under said license and
renewals thereto at the original licensed location or at anot her location
within the same an nexation area; provided, however, that a relo cated
establishment must otherwise comply with applicable land use and
Gambling Commission regulations. It is further provide d that bona fid e
charitable or nonprofit organizations, as defined in Chapter 9.46 RCW, may
operate or conduct social card games if said social card games have been
duly licensed by the Washington State Gambling Commission and if they
are otherwise operated or conducted in compliance with the provisions of
this chapter. A vi olation of this section shall n ot be subject to KCC
1.01.140.
Sec. 3.21.020. Administration and collection. The
administration and collection of the tax imposed by this chapter shall be by
the finance director, pursuant to the ru les and re gulations of the state
gambling commission. The city council shall adopt and publish such rules
and regulations as may be reasonably necessary to enable the collection of
the tax imposed herein.
Sec. 3.21.030. Filing. For the purpose of identifying who shall be
subject to the tax imposed b y this chapter, any person, association, or
organization intending to co nduct or operate any gambling a ctivity
authorized by RCW 9.46.0 10 et seq. shall, prior to commen cement of any
such activity, file with the finance director a sworn declaration of intent to
54
8 Annual Docket Amendments -
Re: Development Regulations
conduct or operate such activity, together with a copy of the license issued
in accordance with RCW 9.46.010 et seq. There after, for any period
covered by such state license or any renewal thereof, any person,
association, or or ganization shall, on or before the fifteenth day of the
month following the end of the quarterly period in which the tax accrued,
file with the finance director a sworn statement on a form to be provided
and prescribed by the city council for the purpose of ascertaining the tax
due for the preceding quarterly period.
Sec. 3.21.040. Tax due.
A. Quarterly tax rep orting and payment. Except as provided in
subsection (B) of this section for taxe s due in excess of fifty thousand
dollars ($50,000) annually, the tax imposed by this chapter shall be due
and payable in quarterly installments and remittance therefor, together
with the return forms, shall be made on or before the final day of the
month immediately after the quarterly period in which the tax accrued.
Such payments shall be due on January 31, April 30, July 31, and October
31 of each respective year.
1. Whenever any per son, association, or organization taxed
under this chapter quits business, sells out, or otherwise disposes of its
business, or terminates the business, any tax due shall become due and
payable immediately, and such taxpayer shall, within ten (10) days after
the last date the establishment is open for business, file a return and pay
the tax due.
2. Whenever it appears to the finance director that the collection
of taxes from any person, association, or organization may be in jeopardy,
the finance dir ector, after not less th an ten ( 10) days’ n otice to the
taxpayer, is authorized to require that the taxpayer remit taxes due and
55
9 Annual Docket Amendments -
Re: Development Regulations
returns at such shorter intervals than otherwise provided, as the finance
director deems appropriate under the circumstances.
B. Monthly tax reporting and payment. The tax imposed by this chapter
shall be due and payable in monthly installments when the gambling taxes
due in the previous calendar year were in excess of fifty thousand dollars
($50,000). In tha t event, the tax remittance, together with the return
forms, shall be made on or before the fin al day of the month immed iately
after the month in which the tax accrued.
1. Whenever any per son, association, or organization taxed
under this chapter quits business, sells out, or otherwise disposes of its
business, or terminates the business, any tax due shall become due and
payable immediately, and such taxpayer shall, within ten (10) days after
the last date the establishment is open for business, file a return and pay
the tax due.
2. Whenever it appears to the finance director that the collection
of taxes from any person, association, or organization may be in jeopardy,
the finance dir ector, after not less th an ten ( 10) days’ n otice to the
taxpayer, is authorized to require that the taxpayer remit taxes due and
returns at such shorter intervals than otherwise provided, as the finance
director deems appropriate under the circumstances.
Sec. 3.21.041. Administration and collection of tax.
A. Administration and collection of the various taxes imposed b y this
chapter shall be the responsibility of the finance director. Remittance of
the amount due shall be accompanied by a comple ted return form
prescribed and pro vided by the finan ce director. The taxpayer shall be
56
10 Annual Docket Amendments -
Re: Development Regulations
required to swear a nd affirm that the informa tion given in the return is
true, accurate, and complete.
B. The finance director is autho rized, but not required, to mail to
taxpayers forms for returns. Failure of the taxpayer to receive such a form
shall not excuse the taxpayer from making the return and timely paying all
taxes due. The finance dire ctor shall ha ve forms available to the public in
reasonable numbers at the city hall customer services department during
regular business hours.
C. In addition to the return for m, a copy of the ta xpayer’s quarterly
report to the Washington State Gambling Commission required by Chapter
230-08 WAC for the period in which the tax accrued, shall accompany
remittance of the tax amount due.
Sec. 3.21.042. Method of payment. Taxes payable hereunder
shall be remitted to the finance director on or before the time required by
bank draft, certified check, cashier’s check, personal check, money order,
credit card, or cash. If payment is made by draft, credit card, or check, the
tax shall not be de emed paid until the draft, credit ca rd, or che ck is
honored in the usual course of business, nor shall the acceptance of any
sum by the finance director be an acq uittance or discharge of the tax
unless the amount paid is the full amount due. The return and copy of the
quarterly report to the Washington State Gambling Commission shall be
filed in th e office of the fina nce director after notation by the finance
director upon the return of the amount actually receive d from t he
taxpayer.
57
11 Annual Docket Amendments -
Re: Development Regulations
Sec. 3.21.043. Failure to make timely payment of tax or fee.
A. Penalty. For each payment due, if such payment is not made by the
due date thereof, there shall be added a penalty as follows:
1. If not paid on or before the first day of the second month next
succeeding the quarterly period in which the tax accrued, ten (10) percent
of the total tax due with a minimum penalty of five dollars ($5).
2. If not paid on or before the first day of the third month next
succeeding the qua rterly period in which the ta x accrued, fifteen (15)
percent of the total tax due with a minimum penalty of ten dollars ($10).
3. If not paid on or before the first day of the fourth month next
succeeding the quarterly period in wh ich the tax accru ed, twenty (20)
percent of the tota l tax due with a minimum pe nalty of twenty dollars
($20).
4. Failure to make full payment of all taxes and penalties due by
the final day of the third month next succeeding the quarterly period in
which the tax accru ed shall b e deemed to be bo th a crim inal and civil
violation of this chapter.
B. Service charge. In addition to the penalties imposed under
subsection (A) of this section, a service charge of one (1) percent of the
amount of the unpaid balance or two dollars ($2.00), whichever amount is
greater, will be imposed one (1) month from the date payment was due,
and at the end of each succeeding m onthly period, until all past d ue
amounts are paid in full.
58
12 Annual Docket Amendments -
Re: Development Regulations
Sec. 3.21.050. Records required.
A. Each person, association, or or ganization engaging in an activity
taxable under this chapter sh all maintain records respecting that activity
which truly, completely, and accurately disclose all information necessary
to determine the taxpayer’s ta x liability hereunder during ea ch base tax
period. Such records shall be kept and maintained for a period of not less
than three (3) years. In addition, all information and items required by the
Washington State Gambling Commission under Chapter 230-08 WAC, and
the United States Internal Revenue Service, respecting taxation, shall be
kept and maintained for the periods required by those agencies.
B. All books, records, and other item s required to be kep t and
maintained under this section shall be subject to, and immediately made
available for inspection and audit at any time, with or without notice, at
the place where such records are kept upon the demand of the finance
director or his designee for the purpose of enforcing the provisions of this
chapter.
C. Where the taxpayer does not keep all of the books, records, or items
required to be kept or maintained under this section within the jurisdiction
of the city so that the auditor ma y examine them con veniently, the
taxpayer shall either:
1. Produce and make available for inspection in this jurisdiction
all of the required books, records, or other items within ten (10) d ays
following a request by the auditor that he do so;
2. Bear the actual cost of in spection by the auditor or h is
designee at the location of which books, records or items are located;
provided, that a ta xpayer choosing to bear the se costs shall pa y in
59
13 Annual Docket Amendments -
Re: Development Regulations
advance to the fina nce director the estimated costs there of, including but
not limited to, round trip fare by the most rapid means, lodging, meals,
and incidental expenses. The a ctual amounts due or to be refunded for
expenses shall be determined following the examination of the records.
D. A taxpayer who fails, neglects, or refuses to produce such books and
records either within or with out this jurisdiction, in addition to being
subject to other civil and criminal penalties provided by this chapter, shall
be subject to a jeo pardy fee or tax a ssessment by the a uditor which
penalty fee or jeopardy assessment shall be deemed prima facie correct
and shall be the amount of the fee or tax owing by the taxpayer unless he
can prove otherwise. The taxpayer shall be notified by the finance director
by posting in the mails of the United States, addressed to the taxpayer to
the last address on file with the finance department, a statement of the
amount of tax so determined by jeopardy assessment, together with any
penalty and/or interest, and the tota l of such amounts shall thereupon
become immediately due and payable.
Sec. 3.21.051. Overpayment or underpayment of tax. If,
upon application by a taxpayer for a refund or for an audit of his records,
or upon any examin ation of the returns or records of any taxpayer, it is
determined by the finance director that within three (3) years immediately
preceding receipt by the finance director of the application by the taxpayer
for a refund or an a udit, or in the absence of such an application, with in
three (3) years immediately preceding the commencement by the finance
director of such examination:
A. A tax or other fee has been paid in excess of that properly due, the
total excess paid over all amo unts due to the city within su ch period of
three (3) years shall be credited to the taxpayer’s account or shall be
credited to the taxpayer at the taxpayer’s option. No refund or credit shall
60
14 Annual Docket Amendments -
Re: Development Regulations
be allowed for any excess paid more than three (3) years be fore the date
of such application or examination.
B. A tax or other fee has been paid which is less than that properly
due, or no tax or other fee has been paid, the finance director shall mail a
statement to the taxpayer, sh owing the balance due, including the tax
amount or penalty assessments and fees, and it shall be a separate,
additional violation of this chapter, both civil and criminal if the taxpayer
fails to make payment in full within ten (10) calendar days of such mailing.
Sec. 3.21.052. Failure to make return. If any taxpayer fails,
neglects, or refuses to make and file his return as and when required
under this chapter, the finance director is author ized to d etermine the
amount of tax payable, together with any penalty and/or interest assessed
under the provisions of this chapter and by mail to notify such taxpayer of
the amount so determined, which amount shall thereupon become the tax
and penalty and/or interest and shall become immediately due and
payable.
Sec. 3.21.053. Tax additional to others. The taxes levied
herein shall be additional to any license fee or tax imposed or levied under
any law or other ordinance of the city except as otherwise herein expressly
provided.
Sec. 3.21.054. Finance director to make rules. The finance
director shall have the power, and it shall be his or her duty, from time to
time, to adopt, publish and enforce rules and regulations not inconsistent
with this chapter or other applicable laws for the purpose of carrying out
the provisions hereof, and it is unlawfu l to violate or fail to comply with
any such rule or regulation.
61
15 Annual Docket Amendments -
Re: Development Regulations
Sec. 3.21.055. Taxes, penalties, service charges, and fees
constitute debt to municipality. Any tax due and unpaid under this
chapter and all penalties, service charges, or fees shall constitute a debt to
the city. The city may, pursuant to Chapter 19.16 RCW, use a collection
agency to collect o utstanding debts, or it m ay seek collection by court
proceedings, which remedies shall be in addition to all ot her existing
remedies. Further, as provided for in RCW 9.46.110(4), as now enacted or
hereafter amended, taxes and associated penalties and charges imposed
under this chapter shall beco me a lien upon personal and real prop erty
used in the gambling activity in the sam e manner as provide d for under
RCW 84.60.010 for property taxes. The lien shall attach on the date the
tax becomes due and shall relate back and have p riority against real a nd
personal property to the same extent as ad valorem taxes.
Sec. 3.21.060. Penalties. Any person who shall fail or refuse to
pay the tax as required in th is chapter, or who sh all wilfully disobey any
rule or regulation promulgated by the city council under this chapter, shall
be guilty of a m isdemeanor and upon conviction shall be punished by
imprisonment for not more than ninety (90) days or by a fine of not more
than two hundred fifty dollars ($25 0) or by both such fine an d
imprisonment. Any such fine shall be in addition to the tax requ ired.
Officers, directors, and managers of any organization condu cting gambling
activities shall be jointly and severally liable for the payment of the tax and
for the payment of any fine imposed under this chapter.
SECTION 2. – Amendment. Section 12.01.145 of the Ke nt City
Code, entitled “Notice of open record hearing” is amended as follows:
Sec. 12.01.145 Notice of open record hearing.
62
16 Annual Docket Amendments -
Re: Development Regulations
A. Notice of open record hearing for all types of applications. The notice
given of an open record hearing required in this chapter shall contain:
1. The name of the applicant or the applicant’s representative;
2. Description of th e affected property, which may be in th e
form of either a vicinity location sketch or written description, other than a
legal description;
3. The date, time, and place of the hearing;
4. The nature of the proposed use or development;
5. A statement that all interested person s may appear and
provide testimony;
6. When and where information may be e xamined, and when
and how written comments addressing findings required for a decision by
the hearing body may be submitted;
7. The name of a city represe ntative to contact and the
telephone number where additional information may be obtained;
8. That a co py of the application, all docu ments and evidence
relied upon by the applicant and ap plicable criteria are available for
inspection at no cost and will be provided at the cost of reproduction; and
9. That a copy of the staff report will be available for inspection
at no cost at least five (5) calendar days prior to the hearing and copies
will be pr ovided at the cost provided for in t he city’s public record
disclosure policy.
63
17 Annual Docket Amendments -
Re: Development Regulations
B. Mailed notice of open record hearing. Mailed notice of the open
record hearing shall be provid ed by the city in h ard copy or e-mail as
follows:
1. Process I, II, and V actions. No public notice is required
because an open record hearing is not held. Notice for short plat meetings
is mailed to prop erty owners within threetwo hundred (2300) feet.
Shoreline permit notices shall be in ac cordance with the requirements of
WAC 173-27-110.
2. Process III and IV actions. The notice of o pen record hearing
shall be mailed to:
a. The applicant;
b. All owners of real property as shown by the records of
the county assessor’s office within th ree hundred (300) feet of the subject
property; and
c. Any person who submits written comments, delivered
to the planning services office, regarding the project permit.
3. Process IV preliminary plat actions. In addition to the general
notice of open record hearing requirements for Process IV actions above,
additional notice shall be provided as follows:
a. Notice of the filing of a preliminary pla t of a proposed
subdivision located a djacent to the right-of-wa y of a state highway o r
within two (2) miles of the boundary of a state or municipal airport shall be
64
18 Annual Docket Amendments -
Re: Development Regulations
given to the Secretary of Transportation, who must respond within fifteen
(15) calendar days of such notice.
b. Special notice of the hearing shall be given to adjacent
land owners by any other reasonable method the city de ems necessary.
Adjacent land owners are the owners of real pro perty, as shown by the
records of the King County assessor, located within three hundred (300)
feet of any portion of the boundary of the prop osed subdivision. If the
owner of the real property which is proposed to be subdivided owns
another parcel or parcels of real property which lie adjacent to the real
property proposed to be subdivided, notice un der RCW 58.17.090(1)(b)
shall be given to owners of real property located within three hundred
(300) feet of such adjacently owned parcels.
4. Process VI actions. For Process VI legislative actions, the city
shall publish notice as described in subsections (C) and (D) of this section,
and use all other methods of notice as required by RCW 35A.12.160. For
privately proposed amendments to the comprehensive plan land use map,
notice of the open record hearing shall be mailed to:
a. The applicant;
b. All owners of real property as shown by the records of
the county assessor’s office within three hundred (300) feet of the affected
property; and
c. Any person who has requested notice.
For revised geographic scope of the privately proposed land use plan map
amendments, notice of the open re cord hearing shall be given by
65
19 Annual Docket Amendments -
Re: Development Regulations
notification of all pro perty owners within the revised land u se plan m ap
amendment area.
C. Procedure for posted or published notice of open record hearing.
1. Posted notice o f the open record h earing is require d for all
Process III and IV actions. The posted notice of hearing shall be added to
the sign already posted on the property pursuant to KCC 12.01.140(F).
2. Published notice of the ope n record hearing is required for all
Process III and IV procedures. The published notice shall be published in
the city’s official newspaper or appropriate substitute as p rovided for in
Resolution No. 1747 or as subsequently amended and contain the following
information:
a. Project location;
b. Project description;
c. Type of permit(s) required;
d. Date, time, and location of the hearing; and
e. Location where the complete application may be reviewed.
3. Published notice of the open re cord hearing is required for all
Process VI procedures. The notice shall be published in the city’s official
newspaper or appropriate substitute as provided for in Resolution No. 1747
or as subsequently amended and, in addition to the information required in
subsection (C)(2) of this section, shall contain the project description and
the location where the complete file may be reviewed.
66
20 Annual Docket Amendments -
Re: Development Regulations
D. Time of notice of open record hearing. Notice shall be mailed, posted
and first published not less than te n (10) calendar days prior to the
hearing date. Any posted notice and notice boards shall be removed by the
applicant within seven (7) cal endar days following the concl usion of t he
open record hearing(s).
SECTION 3. – Amendment. Section 12.04.227 of the Ke nt City
Code, entitled “Procedure for alteration of a subdivision or short
subdivision” is amended as follows:
Sec. 12.04.227. Procedure for alteration of a subdivision or
short subdivision.
A. An applicant requesting to alter a subdivision or short subdivision or
any portion thereof, except as provided in KCC 12.04.230, sh all submit a
plat alteration application to the permit center. T he application shall be
accompanied by such submittal requirements as described in the
application form, and applicable fees, and shall contain the signatures of all
persons having an ownership interest in lots, tra cts, parcels, sites, or
divisions within the subdivision or short subdivision or in that portion to be
altered.
B. The planning director shall have the authority to determine whether
the proposed alteration constitutes a m inor or m ajor alteration. Major
alterations are those that are not in response to staff review or publi c
appeal and substantially change the basic design, increase the number of
lots, substantially decrease open space, substantially change conditions of
subdivision or short subdivision approval, substantially change access
points, or other similar requir ements or provisions. Minor alterations are
those that make minor changes to engineering design or lot dimensions,
67
21 Annual Docket Amendments -
Re: Development Regulations
decrease the numbe r of lo ts to be created, or increase open space, or
other similar minor changes. Major alterations shall not alter the be
treated as new applications for purposes of vesting or validity period of the
originally approved subdivision or short subdivision.
C. If the subdivision or short subdivision is su bject to restrictive
covenants which were filed at the time of the approval, and the application
for alteration would result in the violation of a covenant, the application
shall contain an agreement signed by all partie s subject to the covenants
providing that the parties agree to te rminate or alter th e relevant
covenants to accomplish the purpose of the alteration of the subdivision or
short subdivision or any portion thereof.
D. If the alte ration is requested prior to final plat o r final sh ort plat
review and signature, a minor alteration may be approved with consent of
the planning and th e public w orks directors. A ma jor plat or short p lat
alteration shall require consent of the short subdivision committee for
short subdivisions or the hearing exam iner for su bdivisions after public
notice and a public meeting or hearing is held. Planning services shall
provide notice of the application for a major plat or short plat alteration to
all owners of pro perty within the subdivision or short subdivision, all
parties of record, and as was required by the original subdivision or short
subdivision application. The planning director shall have the authority to
determine whether the propo sed alteration constitutes a minor or ma jor
alteration pursuant to subsection (B) of this section.
E. If the alteration is requested after final plat or final short plat review
and signature, but prior to filing the fi nal plat or final short plat with King
County, a plat or short plat alteration may be approved with consent of the
short subdivision committee for short subdivisions or the planning director
for subdivisions. Upon receipt of an application for alteration, planning
68
22 Annual Docket Amendments -
Re: Development Regulations
services shall provide notice of the a pplication to all owners of property
within the subdivision or short subdivision, all parties of record, and as was
required by the original application. The notice shall estab lish a date for a
public meeting or hearing.
F. If the alteration is requested after filing the final plat or final short
plat with King County, a min or plat or short plat alteration may b e
approved with consent of the short subdivision committee in the ca se of
short subdivisions or the planning director for subdivisions. If the planning
director determines that the proposed alteration is a major alteration,
pursuant to subsection (B) of this section, then the planning director may
require replatting pursuant to this chapter. Upon receipt of an application
for alteration, planning services shall provide notice of the application to all
owners of property within the subdivision or short subdivision, all parties of
record, and as was require d by the subdivision or short subdivision plat
application. The notice shall establish a date for a pub lic meeting or
hearing.
G. The city shall determine the p ublic use and interest in the proposed
alteration and may deny or approve the application for alte ration. If any
land within the alteration is part of an assessment district, any outstanding
assessments shall be equitably divided and levied against th e remaining
lots, parcels, or tracts, or be levied equitably on the lots resulting from the
alteration. If an y land within the alteration contains a dedicat ion to the
general use of persons residing within the subdivision, su ch land may be
altered and divided equitably between adjacent properties.
H. After approval of the alteration, the city shall orde r the applicant to
produce a revised drawing of the approv ed alteration of the subdivision or
short subdivision, which after signature the final plat or final short pla t
69
23 Annual Docket Amendments -
Re: Development Regulations
shall be filed with King County to beco me the lawful plat or short plat of
the property.
I. This section shall not be construed as applying to the alteration or
replatting of any plat or short plat of state-granted shore lands.
SECTION 4. – Amendment. Chapter 15.02 of th e Kent City Code
is amended to adopt a new Se ction 15.02.070.1, entitled “House-Banked
Card Rooms,” as follows:
Sec. 15.02.070.1 House-Banked Card Room. House-banked
card room means a use governed pursuant to the provisions of chapter
9.46 RCW, 1973 Gaming Act, and li censed by the Washington State
Gambling Commission.
SECTION 5. – Repealer. Section 15.02.092 of the Kent City Code
entitled “Creeks, major” is hereby repealed in its entirety.
SECTION 6. – Repealer. Section 15.02.093 of the Kent City Code
entitled “Creeks, minor,” is hereby repealed in its entirety.
SECTION 7. – Amendment. Section 15.02.096 of the Ke nt City
Code entitled “” Density, maximum pe rmitted,” is recodified as Section
15.02.103 and is amended as follows:
Sec. 15.02.096103. Density, maximum permitted. Maximum
permitted density refers to the maximum nu mber of dwelling units
permitted per acre, subject to lot size and other development standards of
Ch. 15.04 KCC. When determining the allowed number of lots or dwelling
units for a subdivision, short subdivision, or multifamily project all site area
may be included in the calculation. If calculations result in less than one
70
24 Annual Docket Amendments -
Re: Development Regulations
full lot or unit, the fractions above .50 shall be rounded up and fractions
.50 and below shall be round ed down shall be rounded to the nea rest
whole number as provided below.
A. For less than four (4) lots or dwelling units, rounding shall not be
used in calculating the maximum density.
B. For four (4) to six (6) lots or dwelling units, fractions of 0.85 and
above shall be roun ded up, and fractio ns below 0.85 shall be rounded
down.
C. For seven (7) to nine (9) lots or dwelling units, fractions of 0.75
and above shall be rounded up, and fractions below 0.75 shall be rounded
down.
D. For ten (10) or more lots or dwelling units, fractions above 0.50
shall be rounded up, and fractions 0.50 and below shall be rounded down.
SECTION 8. –Repealer. Section 15.02.112 of the Kent City Code
entitled “Drainage ditch,” is hereby repealed in its entirety.
SECTION 9. – Repealer. Section 15.02.132 of the Kent City Code
entitled “Erosion hazard areas,” is hereby repealed in its entirety.
SECTION 10. – Repealer. Section 15.02.222 of the Kent City Code
entitled “Landslide areas,” is hereby repealed in its entirety.
SECTION 11. – Repealer. Section 15.02.337 of the Kent City Code
entitled “Ravine,” is hereby repealed in its entirety.
71
25 Annual Docket Amendments -
Re: Development Regulations
SECTION 12. – Repealer. Section 15.02.342 of the Kent City Code
entitled “Seismic hazard areas,” is hereby repealed in its entirety:
SECTION 13. - Repealer. Section 15.02.530 of the Kent City Code
entitled “Unique and fragile area,” is hereby repealed in its entirety.
SECTION 14. – Amendment. Section 15.03.010 of th e Kent City
Code entitled “Establishment an d designation of districts,” is a mended as
follows:
Sec. 15.03.010 Establishment and designation of districts.
The various districts establish ed by th is title and into which the city is
divided are designated as follows:
A-10 Agricultural District
The stated goal of the city is to preserve prime agricultural land in the
Green River Valley as a nonrenewable resource. The agriculture zone shall
actively encourage the con centration of agricultural uses in areas where
incompatibility with urban uses will be min imal to aid in t he
implementation of those g oals. Further, such c lassification of pri me
agricultural land thus reco gnizes and encourag es farming activity as a
viable sector of the local economy.
SR-1 Residential Agricultural District
The purpose of the SR-1 zone is to provide for areas allowing low density
single-family residential development. SR-1 zoning shall be applied to
those areas identified in th e comprehensive plan for low density
development, because of environmental constraints or the la ck of urban
services.
72
26 Annual Docket Amendments -
Re: Development Regulations
AG Agricultural General District
The purpose of the AG zone is to provide appropriate locations for
agriculturally related industrial and retail uses in or near areas designated
for long-term agricultural use. Such areas may contain prime farmland
soils which may be currently or potentially used for agricultural production.
SR-3 Single-Family Residential District
SR-4.5 Single-Family Residential District
SR-6 Single-Family Residential District
SR-8 Single-Family Residential District
It is the purpose of the single-family residential districts to stabilize and
preserve single-family residential neighborhoods, as de signated in the
comprehensive plan. It is further the purpose to pro vide a range of
densities and minimum lot sizes in order to promote diversity and
recognize a variety of residential environments.
MR-D Duplex Multifamily Residential District
It is the p urpose of the MR-D district to provide fo r a limited increase in
population density and allow for a greater varie ty of housin g types b y
allowing duplex dwelling units and higher density single-family detached
residential development.
MR-T12 Multifamily Residential Townhouse District
73
27 Annual Docket Amendments -
Re: Development Regulations
MR-T16 Multifamily Residential Townhouse District
It is the purpose of the MR-T districts to provide suitable locations for low
to medium density multifam ily residential development where ho me
ownership is encouraged consistent with the comprehensive plan.
MR-G Low Density Multifamily Residential District
It is the purpose of the MR-G district to provide locations for low to
medium density multifamily residential development and hig her density
single-family residential development, as designated in the comprehensive
plan.
MR-M Medium Density Multifamily Residential District
It is the purpose of the MR-M district to provide for locations for medium
density multifamily residential development and higher d ensity single-
family residential development, as designated in the comprehensive plan.
MR-H High Density Multifamily Residential District
It is th e purpose of the MR-H distri ct to provide for locations for high
density residential districts suitable for urban living.
MHP Mobile Home Park Combining District
The MHP combining district is designed to provid e proper locations for
mobile home parks. Mobile home parks may be located in any multi-family
residential district when MHP co mbining district regulations and
development plans are approved for that location.
74
28 Annual Docket Amendments -
Re: Development Regulations
PUD Planned Unit Development District
The intent of the PUD is to create a proce ss to promote diversity and
creativity in site design, and protect and enhance natural and community
features. The process is provided to encourage unique developments which
may combine a mixture of residential, commercial, and industrial uses. By
using flexibility in the application of development standards, this process
will promote developments that will b enefit citizens that l ive and work
within the city.
NCC Neighborhood Convenience Commercial District
It is the purpose of the NCC district to provide small nodal areas for retail
and personal service activitie s convenient to residential areas and to
provide ready access to everyday con venience goods for the residents of
such neighborhoods. NCC districts shall be located in areas designated for
neighborhood services in the comprehensive plan.
CC Community Commercial District
The purpose of the CC district is to provide areas for lim ited commercial
activities that serve several residential neighborhoods. This district shall
only apply to such commercial districts as designated in the city
comprehensive plan. It is also the pu rpose of this district to provide
opportunities for mixed use development within the designated mixed use
overlay boundary, as designated by the comprehensive plan.
DC Downtown Commercial District
It is the purpose of the DC distri ct to provide a place and create
environmental conditions which will encourage the location of dense and
75
29 Annual Docket Amendments -
Re: Development Regulations
varied retail, office, residential, civic, and recreational activities which will
benefit and contribute to the vitality of a central downtown location, to
recognize and preserve the historic pattern of development in the area and
to implement the land use goals and policies in the 1989 downtown plan,
the Kent comprehensive plan, and the downtown action pla n. In the DC
area, permitted uses should be primarily pedestrian-oriented and able to
take advantage of on-street and structured off-street parking lots.
DCE Downtown Commercial Enterprise District
The purpose of this district is to encourage and promote higher density
development and a variety and mixture of compatible retail, commercial,
residential, civic, recreational, and se rvice activities in the downtown area,
to enhance the pedestrian-oriented character of the downtown, and to
implement the goals and policies of the 1989 downtown plan, the Kent
comprehensive plan, and the downtown strategic action plan.
DCE-T Downtown Commercial Enterprise District – Transitional Overlay
Within the downtown commercial enterprise district, a transitional overlay
addresses compatibility of higher intensity mixed use development with
nearby single-family residential zones through height limits and required
application of certain downtown design review elements.
MTC-1 Midway Transit Community-1 District
The purpose and intent of the MTC-1 district is to provide an area that will
encourage the loca tion of mo derately dense and varied re tail, office, o r
residential activities in support of rapid light rail and mass transit options,
to enhance a pede strian-oriented character while acknowledging the
76
30 Annual Docket Amendments -
Re: Development Regulations
existing highway corridor character, and to imple ment the goals an d
policies of the Midway Subarea Plan.
MTC-2 Midway Transit Community-2 District
The purpose and intent of the MTC-2 district is to provide a place an d
create environmental conditions which will promote the location of dense
and varied retail, office, or residential activities, and recreational activities
in support of rapid light rail and mass transit options, to ensure a primarily
pedestrian-oriented character, and to implement the goals and policies of
the Midway Subarea Plan.
MCR Midway Commercial/Residential District
The purpose and intent of the MCR dist rict is to provide area that will
encourage the location of den se and varied retail, office, or residentia l
activities in support of rapid light rail and mass transit options, to enhance
a pedestrian-oriented character, and to implement the goals and policies of
the Midway Subarea Plan.
CM-1 Commercial Manufacturing-1 District
It is the purpose of the CM-1 district to provide locations for those types of
developments which combine some characteristics of both retail
establishments and industrial operations, heavy commercia l uses, an d
wholesale uses.
CM-2 Commercial Manufacturing-2 District
It is the purpose of the CM-2 district to provide locations for those types of
developments which combine some characteristics of both retail
77
31 Annual Docket Amendments -
Re: Development Regulations
establishments and small-scale, light industrial operations, heavy
commercial and wholesale uses, and specialty manufacturing.
GC General Commercial District
The purpose and intent of the general commercial district is to provide for
the location of co mmercial areas d eveloped along certain major
thoroughfares; to provide use incentives and development standards which
will encourage the redevelopment and upgrading of such areas; to provide
for a rang e of tra de, service, entertainment, and recrea tion land uses
which occur adjacent to major traffic arterials and residential uses; and to
provide areas for development which are automobile-o riented and
designed for convenience, safety, and th e reduction of the visual blight of
uncontrolled advertising signs, traffic control devices, and utility
equipment. It is also the purpose of th is district to provide opportunities
for mixed use developm ent within the designated mixed use ove rlay
boundary, as designated by the comprehensive plan.
M1, M1-C Industrial Park District
The purpose of the M1 district is to provide an environment exclusively for
and conducive to th e development and protection of a broad range of
industrial, office, and business park activities, including mo dern, large-
scale administrative facilities, research institutions, and specialized
manufacturing organizations, all of a non-nuisance type, as designated in
the comprehensive plan. This district is intende d to provid e areas fo r
those industrial activities that desire to conduct business in an atmosphere
of prestigiouse location in wh ich environmental amenities are protected
through a high level of development standards. It is also the purpose of
this zone to allow certain limited commercial land uses that provide
necessary personal and business services for the general industrial area.
78
32 Annual Docket Amendments -
Re: Development Regulations
Such uses are allowed in the M1 district, through the application of the “C”
suffix, at centralized, nodal locations where major arterials intersect.
M2 Limited Industrial District
The purpose of the M2 district is to provide areas suitable for a broa d
range of industrial and warehouse/distribution activities. The permitted
uses are similar to those of the industrial park district; e xcept, that non-
industrial uses, particularly office and retail, are restricted, in accordance
with the manufacturing/industrial center designation in the comprehensive
plan. Development standards are aimed at maintaining an efficien t and
desirable industrial area.
M3 General Industrial District
The purpose of the M3 district is to provide areas suitable for the broadest
range of industrial activities, and to specify those industrial activitie s
having unusual or potentially deleterious operational characteristics, where
special attention must be paid to locatio n and site development. Light
industrial uses which require restrictive standards on the part of adjoining
uses and non-industrial uses are discouraged from locating in this district,
in accordance with the manufacturing/industrial center designation in the
comprehensive plan.
SU Special Use Combining District
It is the purpose of the SU district to provide for special controls for certain
uses which do not clearly fit into other districts, which ma y be due to
technological and social changes, or which are of such unique character as
to warrant special attention in the intere st of the cit y’s optimum
development and the preservation and enhancemen t of its environmen tal
quality. A special use combining district is im posed on an e xisting zoning
79
33 Annual Docket Amendments -
Re: Development Regulations
district, permitting the special use a s well as u ses permitted by the
underlying zone. T he combining district becomes void if substantial
construction has not begun within a one-year period, and the district
reverts to its original zoning designation. It is the intent of the special use
combining regulations to provide the city with adequate procedures for
controlling and revi ewing such uses an d to discourage ap plication for
speculative rezoning.
SECTION 15. - Amendment. Section 15.04.110 of the Kent City
Code entitled “Cultural, ente rtainment, and recreation lan d uses,” is
amended as follows:
Sec. 15.04.110. Cultural, entertainment, and recreation land
uses.
Zoning Districts
Key
P = Principally
Permitted Uses
S = Special Uses
C = Conditional Uses
A = Accessory Uses
A-
1
0
AG
SR
-
1
SR
-
3
SR
-
4
.
5
SR
-
6
SR
-
8
MR
-
D
MR
-
T
1
2
MR
-
T
1
6
MR
-
G
MR
-
M
MR
-
H
MH
P
NC
C
CC
DC
DC
E
MT
C
-
1
MT
C
-
2
MC
R
CM
-
1
CM
-
2
GC
M1
M1
-
C
M2
M3
Performing and
cultural arts uses,
such as art
galleries/studios
P
(3)
P P P P P P P P
House-Banked Card
Rooms
P
C
(1)
P
(1)
P
(1)
P
C
(1)
P
(4)
Historic and
monument sites
P P
80
34 Annual Docket Amendments -
Re: Development Regulations
Zoning Districts
Key
P = Principally
Permitted Uses
S = Special Uses
C = Conditional Uses
A = Accessory Uses
A-
1
0
AG
SR
-
1
SR
-
3
SR
-
4
.
5
SR
-
6
SR
-
8
MR
-
D
MR
-
T
1
2
MR
-
T
1
6
MR
-
G
MR
-
M
MR
-
H
MH
P
NC
C
CC
DC
DC
E
MT
C
-
1
MT
C
-
2
MC
R
CM
-
1
CM
-
2
GC
M1
M1
-
C
M2
M3
Public assembly
(indoor): sports
facilities, arenas,
auditoriums and
exhibition halls,
bowling alleys, dart-
playing facilities,
skating rinks,
community clubs,
athletic clubs,
recreation centers,
theaters (excluding
school facilities)
P P C C P P P
(2)
P
(2)
P
(2)
Public assembly
(outdoor):
fairgrounds and
amusement parks,
tennis courts,
athletic fields,
miniature golf,
go-cart tracks,
drive-in theaters,
etc.
C P P
Open space use:
cemeteries, parks,
playgrounds, golf
courses, and other
recreation facilities,
including buildings
or structures
associated therewith
C C C C C C C C C C C C C C C P
(6)
C
P
(6)
C
C
(9)
C
(9)
C
(9)
C P
(7)
C
P
(7)
C
C C C C
Employee recreation
areas
A A A A
Private clubs,
fraternal lodges, etc.
C C C C C C C C C C C C C C C C C P
(5)
C
C P
(5)
C
C C P
(5)
C
C C C C
Recreational vehicle
parks
C
81
35 Annual Docket Amendments -
Re: Development Regulations
Zoning Districts
Key
P = Principally
Permitted Uses
S = Special Uses
C = Conditional Uses
A = Accessory Uses
A-
1
0
AG
SR
-
1
SR
-
3
SR
-
4
.
5
SR
-
6
SR
-
8
MR
-
D
MR
-
T
1
2
MR
-
T
1
6
MR
-
G
MR
-
M
MR
-
H
MH
P
NC
C
CC
DC
DC
E
MT
C
-
1
MT
C
-
2
MC
R
CM
-
1
CM
-
2
GC
M1
M1
-
C
M2
M3
Accessory uses and
structures
customarily
appurtenant to a
permitted use
A A
(10)
A
(10)
A
(10)
A
(10)
A
(10)
A A A A A A A A A A A A A A A A A A A A
Recreational
buildings in MHP
A
SECTION 16. - Amendment. Section 15.04.120 of the Kent City
Code entitled “Cultural, entertainment, and recrea tion land u se
development conditions,” is amended as follows:
Sec. 15.04.120. Cultural, entertainment, and recreation land
use development conditions.
1. [Reserved] House-banked card rooms are not allowed in areas
zoned GC-MU (General Commercial-Mixed Use) or CC-MU (Community
Commercial-Mixed Use) unless authorized by a Conditional Use Permit.
House-Banked card rooms are not al lowed in a reas designated Urban
Center on the Land Use Plan Map. Should any court of competent
jurisdiction find that the City zo ning for house-banked card rooms is
unconstitutional or illegal, the City el ects to permit a legally-existing ca rd
room to continue operation as a no nconforming legal use and otherwise
bans card rooms.
82
36 Annual Docket Amendments -
Re: Development Regulations
2. Principally permitted uses are limited to indoor paintball, health and
fitness clubs and fa cilities, gymnastic schools, and other similar uses
deemed compatible with the general character and stated purpose of the
district.
3. The ground level or street level portion of all buildings in the
pedestrian overlay of the DC district, se t forth in the map below, must be
retail or pedestrian-oriented. Pedestrian-oriented development shall have
the main ground floor entry locate d adjacent to a public street and b e
physically and visually accessible by pe destrians from the sidewalk, a nd
may include the following uses:
a. Retail establishments, including but not limited to
convenience goods, department and variety stores, specialty shops such as
apparel and accessories, gift shops, toy shops, cards and pa per goods,
home and home accessory shops, florists, antique shops, and book shops;
b. Personal services, including but not limited to barb er shops,
beauty salons, and dry cleaning;
c. Repair services, including but not limited to television, radio,
computer, jewelry, and shoe repair;
d. Food-related shops, including but not limited to restaurants
(including outdoor seating areas and excluding drive-in re staurants) and
taverns;
e. Copy establishments;
f. Professional services, including but not limited to law offices
and consulting services; and
83
37 Annual Docket Amendments -
Re: Development Regulations
g. Any other use that is dete rmined by the eco nomic and
community development director to be of the same general character as
the above permitted uses and in accordance with the stated purpose of the
district, pursuant to KCC 15.09.065, use interpretations.
4. [Reserved] House-banked card rooms are not allowed in areas
designated Manufacturing/Industrial Center (MIC). Should a ny court of
competent jurisdiction find tha t the City zoning for house-banked card
rooms is unconstitutional or illegal, the City ele cts to per mit a legal ly-
existing house-banked card room to continue operation as a
nonconforming legal use and otherwise bans house-banked card rooms.
84
38 Annual Docket Amendments -
Re: Development Regulations
5. Business, civic, social, and fraternal associations and service offices
are principally permitted uses.
6. Principally permitted uses are limited to parks and playgrounds.
7. Principally permitted uses are limited to golf driving ranges.
8. [Reserved].
9. Conditionally permitted uses are limited to parks and playgrounds.
10. 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.
SECTION 17. - Amendment. Section 15.04.170 of the Kent City
Code entitled “Agricultural and residential zone development standards,” is
amended as follows:
Sec. 15.04.170. Agricultural and residential zone
development standards.
//
//
//
85
39 Annual Docket Amendments -
Re: Development Regulations
Zoning Districts
A-
1
0
A
g
r
i
c
u
l
t
u
r
a
l
SR
-
1
R
e
s
i
d
e
n
t
i
a
l
A
g
r
i
c
u
l
t
u
r
a
l
SR
-
3
S
i
n
g
l
e
-
F
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
SR
-
4
.
5
S
i
n
g
l
e
-
F
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
SR
-
6
S
i
n
g
l
e
-
F
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
SR
-
8
S
i
n
g
l
e
-
F
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
MR
-
D
D
u
p
l
e
x
M
u
l
t
i
f
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
MR
-
T
1
2
M
u
l
t
i
f
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
T
o
w
n
h
o
u
s
e
MR
-
T
1
6
M
u
l
t
i
f
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
T
o
w
n
h
o
u
s
e
MR
-
G
L
o
w
D
e
n
s
i
t
y
M
u
l
t
if
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
MR
-
M
M
e
d
i
u
m
D
e
n
s
i
t
y
M
u
lt
i
f
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
MR
-
H
H
i
g
h
D
e
n
s
i
t
y
M
u
lt
i
f
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
MH
P
M
o
b
i
l
e
H
o
m
e
P
a
r
k
C
o
m
b
i
n
i
n
g
SF Dupl
ex
SF Dupl
ex
MF SF Dupl
ex
MF SF Dupl
ex
MF SF Dupl
ex
MF SF Dupl
ex
MF
Maximum
density:
dwelling
units per
acre
1
du
/
10
ac
1
du/a
c
3.63
dus/
ac
4.53
dus/
ac
6.05
dus/
ac
8.71
dus/
ac
8.71
dus/
ac
10.8
9
dus/
ac
12.0
dus/
ac
12.0
dus/
ac
16.0
dus/
ac
16.0
dus/ac
16.0
dus/
ac
16.0
dus/
ac
23.0
dus/
ac
23.0
dus/
ac
40.0
dus/
ac
40.0
dus/
ac
Minimum lot
area: square
feet or
acres, as
noted
10
ac
34,7
00
sq ft
9,60
0
sq ft
7,60
0
sq ft
(37)
5,70
0
sq ft
(37)
4,00
0
sq ft
(37)
4,00
0 sq
ft
8,00
0 sq
ft
non
e
8,00
0 sq
ft
8,50
0/
3,50
0 sq
ft
(27)
non
e
8,00
0 sq
ft
(35)
8,500/3
,500 sq
ft (35)
non
e
8,00
0 sq
ft
8,50
0/
2,50
0 sq
ft
(1)
non
e
8,00
0 sq
ft
8,50
0/
1,60
0 sq
ft
(2)
non
e
8,00
0 sq
ft
8,50
0/
900
sq ft
(3)
Minimum lot
width: feet
(4)
60
ft
60 ft 50 ft 50 ft
(37)
50 ft
(37)
40 ft
(37)
25 ft 80 ft 25 ft 80 ft 80 ft 25 ft 80 ft 80 ft 25 ft 80 ft 80 ft 25 ft 80 ft 80 ft 25 ft 80 ft 80 ft
Maximum
site
coverage:
percent of
site
30
%
30% 45
%
(5)
45
%
(5)
50
%
(5)
55
%
(5)
55
%
(5)
40%
(5)
55
%
(5)
40%
(5)
45
%
(5)
55
%
(5)
40%
(5)
45%
(5)
55
%
(5)
40%
(5)
45
%
55
%
(5)
40%
(5)
45
%
55
%
(5)
40%
(5)
50
%
Minimum
yard
requirement
s: feet
(2
2)
Front yard
20
ft
(6)
20 ft
(6)
10 ft
(6)
(8)
(9)
10 ft
(6)
(8)
(9)
10 ft
(6)
(8)
(9)
10 ft
(6)
(8)
(9)
10 ft
(6)
(8)
(9)
10 ft
(6)
(8)
(9)
10 ft
(6)
(8)
(9)
10 ft
(6)
(8)
(9)
10 ft 10 ft
(6)
(8)
(9)
10 ft
(6)
(8)
(9)
10 ft 10 ft
(6)
(8)
(9)
10 ft
(6)
(8)
(9)
10 ft 10 ft
(6)
(8)
(9)
10 ft
(6)
(8)
(9)
10 ft 10 ft
(6)
(8)
(9)
10 ft
(6)
(8)
(9)
10 ft
Side yard
15
ft
15 ft 5 ft 58 ft
(38)
58 ft
(38)
58 ft
(38)
5 ft
(30)
5 ft 5 ft
(30)
5 ft (11) 5 ft
(30)
5 ft (11) 5 ft
(30)
5 ft (11) 5 ft
(30)
5 ft (11) 5 ft
(30)
5 ft (11)
Side yard on
flanking
street of a
corner lot
20
ft
20 ft 10 ft
(9)
10 ft
(9)
10 ft
(9)
10 ft
(9)
10 ft
(9)
10 ft
(9)
10 ft
(9)
10 ft
(9)
15 ft 10 ft
(9)
10 ft
(9)
15 ft 10 ft
(9)
10 ft
(9)
15 ft 10 ft
(9)
10 ft
(9)
15 ft 10 ft
(9)
10 ft
(9)
15 ft
Rear yard
20
ft
15 ft 5 ft 10 ft 10 ft 10 ft 5 ft 8 ft 5 ft 8 ft 20 ft 5 ft 8 ft 20 ft 5 ft 8 ft 20 ft 5 ft 8 ft 20 ft 5 ft 8 ft 20 ft
Additional
setbacks/dis
tances
between
buildings
(1
2)
(12) (32) (32) (14)
(15)
(32)
(31)
(32)
(31)
(32)
(14)
(15)
(31)
(32)
(31) (31) (14)
(15)
(31)
(14)
(15)
(14)
(15)
SF Dupl
ex
SF Dupl
ex
MF SF Dupl
ex
MF SF Dupl
ex
MF SF Dupl
ex
MF SF Dupl
ex
MF
Height
limitation: in
stories/not
2.
5
str
2.5
stry/
35 ft
2.5
stry/
35 ft
2.5
stry/
35 ft
2.5
stry/
35 ft
2.5
stry/
30 ft
2.5
stry/
30 ft
2.5
stry/
35 ft
2.5
stry/
30 ft
2
stry/
30 ft
3
stry/
30 ft
2.5
stry/
30 ft
2
stry/
30 ft
3 stry/
30 ft
2.5
stry/
30 ft
2.5
stry/
35 ft
3
stry/
40 ft
2.5
stry/
30 ft
2.5
stry/
35 ft
3
stry/
40 ft
2.5
stry/
30 ft
2.5
stry/
35 ft
4
stry/
50 ft
86
40 Annual Docket Amendments -
Re: Development Regulations
Zoning Districts
A-
1
0
A
g
r
i
c
u
l
t
u
r
a
l
SR
-
1
R
e
s
i
d
e
n
t
i
a
l
A
g
r
i
c
u
l
t
u
r
a
l
SR
-
3
S
i
n
g
l
e
-
F
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
SR
-
4
.
5
S
i
n
g
l
e
-
F
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
SR
-
6
S
i
n
g
l
e
-
F
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
SR
-
8
S
i
n
g
l
e
-
F
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
MR
-
D
D
u
p
l
e
x
M
u
l
t
i
f
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
MR
-
T
1
2
M
u
l
t
i
f
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
T
o
w
n
h
o
u
s
e
MR
-
T
1
6
M
u
l
t
i
f
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
T
o
w
n
h
o
u
s
e
MR
-
G
L
o
w
D
e
n
s
i
t
y
M
u
l
t
if
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
MR
-
M
M
e
d
i
u
m
D
e
n
s
i
t
y
M
u
lt
i
f
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
MR
-
H
H
i
g
h
D
e
n
s
i
t
y
M
u
lt
i
f
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
MH
P
M
o
b
i
l
e
H
o
m
e
P
a
r
k
C
o
m
b
i
n
i
n
g
to exceed in
feet
y/
35
ft
(1
6)
Maximum
impervious
surface:
percent of
total parcel
area
40
%
(1
9)
40%
(19)
50
%
(23)
60
%
(23)
70
%
(23)
75
%
(23)
75
%
(19)
70%
(19)
75
%
(19)
70%
(19)
70
%
(19)
75
%
(19)
70%
(19)
70%
(19)
75
%
(19)
70%
(19)
75
%
(19)
70%
(19)
75
%
(19)
70%
(19)
Zero lot line
and
clustering
(24)
The provisions in KCC 15.08.300, 15.08.310, 15.08.320, and 15.08.330 shall apply.
Signs The sign regulations of Chapter 15.06 KCC shall apply.
Off-street
parking
The off-street parking requirements of Chapter 15.05 KCC shall apply.
Landscapin
g
The landscaping requirements of Chapter 15.07 KCC shall apply.
Design
review
(26)
(39)
(40)
(25)
(26)
(39)
(40)
(25)
(26)
(39)
(40)
(25)
(26)
(39)
(40)
(25)
(26)
(39)
(40)
(25)(40) (26)(40) (26)(34)(40) (25)(26)(40) (25)(26)(34)(40) (25)(26)(40)
Additional
standards
Additional standards for specific uses are contained in Chapters 15.08 and 15.09 KCC.
(2
0)
(31)
(33)
(36)
(33)
(36)
(33)
(36)
(33)
(36)
(33)
(36)
(36) (36) (28)
(29)
(36)
(28)
(29)
(36)
(36) (36) (36) (36) (36) (36) (36) (36) (36) (3
6)
SECTION 18. - Amendment. Section 15.04.180 of the Kent City
Code entitled “Agricultural and residential land use d evelopment standard
conditions,” is amended as follows:
Sec. 15.04.180. Agricultural and residential land use
development standard conditions.
87
41 Annual Docket Amendments -
Re: Development Regulations
1. Minimum lot area i s 8,500 sq uare feet for the first two dw elling
units, and 2,500 square feet for each additional dwelling unit.
2. Minimum lot area i s 8,500 sq uare feet for the first two dw elling
units, and 1,600 square feet for each additional dwelling unit.
3. Minimum lot area i s 8,500 sq uare feet for the first two dw elling
units, and 900 square feet for each additional dwelling unit.
4. To determine min imum lot width for irregular lots, a circle of
applicable diameter (the minimum lot width permitted) shall be scaled
within the proposed boundaries o f the lot; pro vided, that an acce ss
easement to another lot is not included within the circle.
5. Interior yards shall not be computed as part of the site coverage.
6. Porches and private shared courtyard features may be built within
the front building setback line.
7. For properties abutting on We st Valley Highway, the fron tage on
West Valley Highway shall be considered the front yard.
8. Proposed front yards less than 20 feet in depth are su bject to
approval by the planning manager, based on review and recommendation
from the public works department relative to the existing and future traffic
volumes and right-of-way requirements as specified in the city
comprehensive transportation plan and city construction standards.
9. At least 20 linear feet of driveway shall be provided between any
garage, carport, or other primary parking area and the street property line
with the exception of an alley property line.
88
42 Annual Docket Amendments -
Re: Development Regulations
10. An aggregate side yard of 30 feet sha ll be provided. A minimum of
10 feet shall be provided for ea ch side yard. On a corner lot the side ya rd
setback shall be a minimum of 20 feet from the property line.
11. Each side yard shall be a minimum of 10 percent of the lot width;
however, regardless of lot width, th e yard width need not be more than 30
feet. For multifamily townhouse developments that attach three units or
less, in the MRT-12 or MRT‑16 zoning districts, the aggregate yard width
need not be more than 30 feet, but in no case shall a yard be less than 10
feet.
12. Structures for feeding, housing, and care of animals, except
household pets, shall be set back 50 feet from any property line.
13. Additional setbacks for the agriculture general AG zoning district.
a. Structures for feeding, housing, and care of animals shall be
set back 50 feet from any property line.
b. Transitional conditions shall exist when an AG district adjoins
a residential district containing a density of two dwelling units or more per
acre or a proposed residential area indicated on the city co mprehensive
plan. Such transitio nal conditions shall not exist where the separation
includes an intervening use such as a river, railroad main line, maj or
topographic differential, or other similar conditions, or where the industrial
properties face on a limited access surface street on which the housi ng
does not face. W hen transitional conditions exist as defined in this
subsection, a yard of not less than 50 feet shall be provided.
89
43 Annual Docket Amendments -
Re: Development Regulations
c. Setbacks, Green River. Indu strial development in the AG
district abutting the Green River, or Russell Road or Frager Road where
such roads follow the river bank, shall be set back from the ordinary high-
water mark of the river a minimum of 200 fee t. Such setbacks are in
accordance with the city co mprehensive plan and in accorda nce with the
high quality of site development typically required for the industrial park
areas of the city an d in accordance with the State Shoreline Management
Act of 1971, and shall be no more or le ss restrictive than the Shorelin e
Management Act.
14. An inner court providing access to a double-row building shall be a
minimum of 20 feet.
15. The distance between principal buildings shall be at least one-half
the sum of the height of both buildings; provided, however, that in no case
shall the distance be less than 12 feet. This requirement shall also apply to
portions of the sam e building separated from each other b y a cou rt or
other open space.
16. The height limitations shall not apply to barns and silos; provided,
that they are not located within 50 feet of any lot line.
17. Beyond this height, to a height not greater than either four stories
or 60 fe et, there shall be add ed one additional foot of yard for each
additional foot of building height.
18. The planning manager shall be authorized to ap prove a h eight
greater than four stories or 60 feet, provided such height does not detract
from the continuity of the area. When a request is made to exceed the
building height limit, the planning manag er may impose such conditions,
90
44 Annual Docket Amendments -
Re: Development Regulations
within a reasonable amount of time, as may be necessary to reduce a ny
incompatibilities with surrounding uses.
19. Except for lots u sed for a gricultural practices, the maximum
impervious surface area allowed shall be 10,000 square feet when the lot
is greater than one acre.
20. The following uses are prohibited:
a. The removal of topsoil for any purpose.
b. Grade and fill operations; provided, that limited grade and fill
may be approved as needed to construct permitted buildings or structures.
c. All subsurface activities, including excavation for underground
utilities, pipelines, or o ther underground installations, that cause
permanent disruption of the surface of the land. Temporarily disrupted soil
surfaces shall be restored in a manner consistent with agricultural uses.
d. Dumping or storage of nonagricultural solid or liquid waste,
or of trash, rubbish, or noxious materials.
e. Activities that violate sound agricultural soil and water
conservation management practices.
21. Outdoor storage for industrial uses shall be located at the rear of a
principally permitted structure and shall be completely fenced.
22. Mobile home park combining district, MHP. The standard s and
procedures of the city mobile home park code shall apply. General
91
45 Annual Docket Amendments -
Re: Development Regulations
requirements and standards for mobile home park design, KCC 12.04.055;
mobile home parks, Chapter 12.05 KCC.
23. Except for lots u sed for a gricultural practices, the maximum
impervious surface area allowed shall be 10,000 square feet.
24. Minimum lot width, building setbacks, and minimum lo t size
regulations may be modified consistent with provisions for zero lot line and
clustering housing development.
25. Assisted living facilities, independent senior living facilities, and
residential facilities with health care are subject to multifamily design
review as provided for in KCC 15.09.045(D), excep t when located within
downtown or along Meeker Street from 64th Avenue South to Kent-Des
Moines Road, where development is subject to downtown design review
pursuant to KCC 15.09.046.
26. The requirements of KCC 15.09.045(D) for multifamily design
review shall apply to any mul tifamily dwelling or transitional housing of
three or more units, including triplex townhouse structures, except when
located within downtown or alo ng Meeker Street from 64th Avenue Sout h
to Kent-Des Moines Road (where development is subject to downto wn
design review pursuant to KCC 15.09.046), or when located in a sin gle-
family plat or short plat, where residential design review applies pursuant
to KCC 15.09.046(C).
27. Minimum lot area i s 8,500 sq uare feet for the first two dw elling
units, and 3,500 square feet for each additional dwelling unit.
92
46 Annual Docket Amendments -
Re: Development Regulations
28. The following zoning is requ ired to be in existence on the e ntire
property to be rezon ed at the time of application of a rezone to an MR-T
zone: SR-8, MR-D, MR-G, MR-M, MR-H, NCC, CC, GC, DC, or DCE.
29. All multifamily townhouse developments in the MR-T zone shall be
townhouses with ownership interest only.
30. As an option to the five-foot side yard requirement for single-family
development in a ll multifamily zoning districts as set forth in KCC
15.04.170, a side yard width of no less than three feet may be utilized
under the following conditions:
a. Fire hydrants for th e development, as require d by the fire
code set forth in KCC Title 13, will be placed a maximum of 300 feet in
separation;
b. The required fire hydrants sha ll have a minimu m fire flow o f
1,500 gallons per minute; and
c. Emergency vehicle access roads shall be provided to the
development, which include an improved road accessible within 150 feet of
all portions of the exterior first floor of the structure.
This option is subje ct to the approval of the Washington State Buildin g
Council. Application of this option shall be effective upon receipt by the city
of Kent of such approval.
31. Where lands are l ocated wholly or partially within the urban
separator, as designated on the city of Kent comprehensive land use plan
map, dwelling un its shall be required to b e clustered, subject to the
provisions of Chapter 12.04 KCC, Subdivisions, Binding Site Plans, and Lot
93
47 Annual Docket Amendments -
Re: Development Regulations
Line Adjustments. The density in a cl uster subdivision shall be no greater
than the density that would be allowed on the parcel as a whole, including
all critical areas (creeks, wetlands, geological hazard areas) and buffers,
using the maximum density provisions of the zon ing district in which it is
located.
The common open space in a cluster subdivision shall be a minimum of 50
percent of the nonconstrained area of the parcel. The nonconstrained area
of the parcel in cludes all are as of the parcel, minus critical are as, as
defined in RCW 36.70A.030(5) as currently and hereinafter amended, and
buffers. The remainder of the nonconstrained area of the parcel shall be
the buildable area of the parcel. The common open space tracts created by
clustering shall be located and configured in the manner that best connects
and increases protective buffers for environmentally sensitive areas,
connects and protects area wildlife habitat, creates connectivity between
the open space provided by the clustering and other adjacent open spaces
as well as existing or planned public parks and trails, and maintains scenic
vistas. Critical areas and buffers shall not be u sed in determining lot size
and common open space requirements in a cluster subdivision. All natural
features (such as streams and their buffers, significant stands of trees, and
rock outcroppings), as well as sensitive areas (such as steep slopes and
wetlands and their buffers), shall be preserved as open space in a cluster
subdivision.
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 b e altered or
disturbed in a manner that de grades adjacent environmentally sensitive
areas, rural areas, agricultural areas, or resource lands; impairs scenic
vistas and the connectivity b etween the open space pro vided by the
clustered development and adjacent o pen spaces; degrades wildlife
94
48 Annual Docket Amendments -
Re: Development Regulations
habitat; and impairs the recreational benefits enjoyed by the residents of
the development. Such common open spaces may be retained under
ownership by th e owner or subdivi der, conveyed to residents of the
development, conveyed to a homeowners’ association for the benefit of the
residents of the development, conveyed to the city with the city’s consent
and approval, or to another party upon approval of the city of Kent.
The minimum lot size of in dividual lots within a clustered subdivision is
2,500 square feet, and the minimum lot width is 30 feet. In the event that
common open space prohibits development of one single-family residence
on the pa rcel, the common open space will be reduced by the am ount
necessary to mee t the min imum 2,500-square-foot lot size. New lots
created by any su bdivision action shall be clu stered in groups not
exceeding eight units. There may be m ore than one cluster per proje ct.
Separation between cluster groups shall be a minimum of 120 feet. Sight-
obscuring fences are not permitted along cluster lot lines adjacent to the
open space area.
32. For multifamily townhouse developments that attach three units, the
minimum building-to-building separation shall be 10 feet. For duplex an d
single-family condominium townho use developments, the minim um
building-to-building separation shall be establish ed through the
International Building Code (IBC) or International Residential Code (IRC),
as may be applicable.
33. Where lands are lo cated wholly outside the urban separator, as
designated on the city of Kent comprehensive land use plan map, dwelling
units may be cluste red, subject to the applicable provisions of Chap ter
12.04 KCC.
95
49 Annual Docket Amendments -
Re: Development Regulations
34. The downtown design review requirements of KCC 15.09.046 shall
apply for all development within downtown or along Meeker Street from
64th Avenue South to Kent-Des Moines Road.
35. Minimum lot area requirements do n ot apply to multi family
development in the Kent do wntown planning area identified in KC C
15.09.046.
36. Cargo containers proposed to be located in a residential zone must
be located completely within a stick-built structure with a peaked roof and
building materials similar to that of the principal residence on the site. No
containers greater than 10 fe et by 20 feet may b e placed in residen tial
districts. This restriction does not a pply to containers collecting debris or
accepting household goods for moving that are locate d on residential
property for less than 72 hours. Additionally, institutional uses are exempt
from these requirements except when a s hipping container is proposed to
be located adjacent to or within sight of a residential use.
37. For subdivisions and short subdivisions created after March 22,
2007, or altered to comply with zoning and subdivision code amendments
effective after March 22, 2007, the minimum lot size shall be 3,000 square
feet. Minimum lot width shall be measured by scaling a 30-foot-diameter
circle within the boundaries of the lot; provided, that easement areas may
not be included in the require d 30-foot-diameter circle. The lot frontag e
along private or public streets shall be a m inimum 20 feet in width.
Minimum driveway separation shall be 10 fe et. Shared driveways are
permitted.
38. [Reserved].Subdivisions and short subdivisions created on or before
March 22, 2007, may have minimum five-foot side yards. Fifty percent of
the lots within subdivisions an d short subdivisions created after March 22,
96
50 Annual Docket Amendments -
Re: Development Regulations
2007, or altered to comply with zoning and subdivision code amendments
effective after March 22, 2007, may have minimu m five-foot side yards
when special life safety measures are provided. The sum total of both side
yards for the remaining 50 percent of the lots shall be a minimum 16 feet;
any individual side yard less than eight feet may require special life safety
measures.
39. The residential design review standards of KCC 15.09.045(C) shall
apply to subdivisions and short subdivisions created after March 22, 2007,
or altered to comply with zoning and s ubdivision code amendments
effective after March 22, 2007.
40. Duplexes are subject to the residen tial design review standards of
KCC 15.09.045(C), except when located within downtown or along Meeker
Street from 64th Avenue South to Ke nt-Des Moines Road, where they are
subject to downtown design review pursuant to KCC 15.09.046.
SECTION 19. - Amendment. Section 15.04.190 of the Kent City
Code entitled “Commercial and industrial zone development standards,” is
amended as follows:
Sec. 15.04.190. Commercial and industrial zone development
standards.
Zoning Districts
NC
C
CC
DC
DC
E
MT
C
-
1
MT
C
-
2
MC
R
CM
-
1
CM
-
2
GC
M1
M1
-
C
M2
M3
AG
97
51 Annual Docket Amendments -
Re: Development Regulations
Zoning Districts
NC
C
CC
DC
DC
E
MT
C
-
1
MT
C
-
2
MC
R
CM
-
1
CM
-
2
GC
M1
M1
-
C
M2
M3
AG
Minimum lot
area: square
feet or acres,
as noted
10,000
sq ft
10,000
sq ft
5,000
sq ft
(1)
(66)
5,000
sq ft
(66)
7,500
sq ft
7,500
sq ft
7,500
sq ft
10,000
sq ft
10,000
sq ft
10,000
sq ft
(66)
1
acre
10,000
sq ft
20,000
sq ft
15,000
sq ft
1
acre
Maximum site
coverage:
percent of site
40% 40% 100% 100% 80% 100% 80% 50% 50% 40% 60% 60% 65% 75% 60%
Minimum yard
requirements:
feet
Front yard 10 ft 15 ft (2) (3) 20 ft (68) 20 ft 15 ft 15 ft 20 ft (5) (5) (6) (7) (5)
Side yard
(8) (9) (2) (3) (68)
(10)
(68)
(10)
(68)
(10)
(10) (10) (10) (12) (12) (13) (14) (12)
Side yard on
flanking street
of corner lot
(17) (17) (17) (18) (17)
Rear yard
(8) 20 ft (2) (3) (68)
(19)
(68)
(19)
(68)
(19)
(19) (19) (19)
(2)
(20) (20) (21) (21) (20)
Yards,
transitional
conditions
(23) (23) (24) (25) (23)
Additional
setbacks
(29) (29) (29)
Height
limitation: in
stories/not to
exceed in feet
2 stry/
35 ft
3 stry/
40 ft
(30)
4
stry/
60 ft
(32) 75
stry/565
ft
(69)
(70)
16
stry/200
ft
(70)
16
stry/200
ft
(70)
2 stry/
35 ft
(30)
2 stry/
35 ft
(30)
2 stry/
35 ft
(30)
2
stry/
35 ft
(35)
2 stry/
35 ft
(35)
2 stry/
35 ft
(35)
2 stry/
35 ft
(37)
2
stry/
35 ft
(35)
Landscaping The landscaping requirements of Chapter 15.07 KCC shall apply.
(52) (52) (52)
Outdoor
storage
(39) (39) (40)
(41)
(40)
(41)
(40) (43) (43) (44) (45)
(51)
(43)
Signs
The sign regulations of Chapter 15.06 KCC shall apply.
(60)
Vehicle drive-
through, drive-
in, and service
bays
(46) (46) (46) (46) (46) (46) (46)
Loading areas (47)
(48)
(47)
(48)
(47)
(49)
(47)
(51)
(47)
(48)
Off-street
parking
The off-street parking requirements of Chapter 15.05 KCC shall apply.
(57) (57) (57) (57) (58) (58) (58) (57) (58)
Design review
(4)(11)
(15)
(31) (31) (71) (71) (71) (4) (4)(72) (4)(11)
(15)
(72)
Additional
standards
(50)
(56)
(62)
(63)
(64)
(50)
(56)
(50)
(56)
(50)
(56)
(67)
(50)
(56)
(50)
(56)
(50)
(56)
(50)
(56)
(50)
(56)
(50)
(56)
(50)
(53)
(54)
(55)
(56)
(50)
(53)
(54)
(55)
(56)
(50)
(54)
(55)
(56)
(50)
(54)
(55)
(56)
(50)
(53)
(54)
(55)
(56)
98
52 Annual Docket Amendments -
Re: Development Regulations
Zoning Districts
NC
C
CC
DC
DC
E
MT
C
-
1
MT
C
-
2
MC
R
CM
-
1
CM
-
2
GC
M1
M1
-
C
M2
M3
AG
(65)
SECTION 20. - Amendment. Section 15.09.045 of the Kent City
Code entitled “Administrative design review,” is amended as follows:
Sec. 15.09.045. Administrative design review.
A. Purpose and scope. Administrative design review is a n
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 unde rstanding the
principal expectations of the city concerning design, and e ncourage a
diversity of imaginative solutions to developm ent through the plannin g
services division review and application of certain criteria. These criteria
have been formulated to improve the d esign, siting, and constru ction 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, th e
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
99
53 Annual Docket Amendments -
Re: Development Regulations
process to the design criteria adopted in this section is established as an
administrative function delegated to the planning services division
pursuant to RCW Title 35A; the refore, in implementing the administrative
design review pro cess, the pla nning director may adopt such rules an d
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 pro cess. Administrative design review
process is classified as a Process II a pplication 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 th e public works
director, building official, and t he city administrator for re view. Prior t o
making a final decision, the planning director shall review any comments
submitted for consideration. In the administratio n of this process, the
planning director may develop supplementary handbooks for the public,
which shall pictorially illustrate and pro vide additional guidance on th e
interpretation of the criteria set forth in subsections (C) an d (D) of t his
section, as well as a detailed explanation of the design review process.
C. Residential design re view. In o rder to d iminish the perception of
bulk, and provide visual inte rest along residential home facades that face
public areas, architectural design considerations shall be applied. Homes
located within subdivisions and short subdivisions vested after March 22,
2007, or altered to comply with code a mendments effective after March
22, 2007, shall be subject to residential design review. This design review
shall be applied administratively as part of the building permit review
process for each new home.
100
54 Annual Docket Amendments -
Re: Development Regulations
1. Orientation of homes. The entry facade of each dwelling unit
shall be g enerally 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 conta ins 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 d welling unit facade that faces a publi c
area shall, at a minimum, incorporate architectural elements as follows:
a. Two elements of faca de modulation or roofline
variation. Facade modulation elements shall have a min imum width of
eight feet and a minimum depth of three feet. Roo fline variation elements
shall have a minimum hori zontal or vertical offset of th ree feet an d a
minimum variation length of eight feet;
b. The maximum horizontal fa cade 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 sub divisions and short
subdivisions shall provide diminished garage doors according to the
percentage and location s 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
101
55 Annual Docket Amendments -
Re: Development Regulations
regulation of land use, which is statuto rily authorized, in the evaluation or
conditioning of applications under the multifamily design review process.
E. [Reserved].
F. Mixed use design review. The planning services division shall use the
following criteria in the e valuation and/or conditioning of appl ications
under the mixed use design review process when a p roject includes
residential use:
1. The following criteria should apply to a ll mixed u se 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 deta ils, such as window trim, trell ises, balconies,
and bay windows.
d. The residential component should have an obviou s,
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:
102
56 Annual Docket Amendments -
Re: Development Regulations
a. If the residential co mponent is located away from the
main street, a landscaped pedestrian path should be provided between the
entrance and public sidewalk.
b. Although the co mmercial 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 use d, should be divid ed into small
increments, separated by landscaping and structures, so that parking does
not dominate the site.
b. Articulated by use of differe nt materials, generou s
windows with low sill heights, “store” doors, canopies, and planters.
c. Residential floors should be expressed in an ob vious
manner, with stepbacks, change in materials or color, and overhangs.
d. Commercial signs should be contained within the first
floor commercial base and not extend up into the residential floor facades.
G. Transit-oriented community design review. The planning services
division shall use the following criteria in the evaluation or conditioning of
applications under the transit-oriented community design review process:
103
57 Annual Docket Amendments -
Re: Development Regulations
1. The Midway Design Guidelines as an ad opted 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 th e Midway
Design Guidelines, the following design require ments apply to residential
uses and development:
a. Openings from the build-to line. When a residential unit
has direct access to the pub lic 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;
ii. If under one ownership, owner shall be
responsible for maintenance;
iii. If held in common ownership by all owners of the
development by m eans of a homeowners’ association, said association
shall be responsible for maintenance. If such open space is not maintained
in a reasonable manner, the city sh all have the right to provide for the
104
58 Annual Docket Amendments -
Re: Development Regulations
maintenance thereof and bill t he homeowners’ association accordingly. If
unpaid, such bills shall be a lien against the homeowners’ association; or
iv. Dedicated for public use if accepted by the city
legislative authority or other appropriate public agency.
c. Storage of recreational vehicles. The storage or parking
of recreational vehicles shall be prohibited.
H. Appeals. The decision of the planning director to condition or reject
any application und er the administrative design review process is final
unless an appeal is made by the applicant or any party of record to the
hearing examiner within 14 calendar days of either the issuance of the
director’s conditional approval under this section of any application, or the
director’s written decision rejecting any application under this section. The
appeal shall be conducted by the hearing exam iner as an open record
appeal hearing in accordance with the requirements of Chapters 2.32 and
12.01 KCC. The decision of the hearing examiner shall be final unless an
appeal is made to the superio r court within 21 ca lendar days after th e
hearing examiner’s notice of decision.
SECTION 21. – Amendment. Section 15.08.050 of the Ken t City
Code, entitled “Performance standards,” is amended as follows:
Section 15.08.050 Performance standards.
A. Performance standards de fined. Performance standards deal with
the operational aspects of land uses. While performance standards shall
apply to all land uses within the city, they are primarily concerned with the
impact of industrial development upon the environment. Continued
compliance with the performance standards shall be required of all uses,
105
59 Annual Docket Amendments -
Re: Development Regulations
except as otherwise provided for in this title. No land or building in an y
district shall be used or occu pied in any manner so as to create any
dangerous, injurious, noxious or otherwise obje ctionable condition. The
following elements, if created, may be come dangerous, injurious, noxious
or otherwise objectionable under the circumstances, and are then referred
to as dangerous or objectionable elements:
1. Noise, vibration or glare.
2. Smoke, dust, odor or other form of air pollution.
3. Heat, cold or dampness.
4. Hazardous substances and wastes.
B. Nonconforming uses. Uses established before the effective date of
this title and nonconforming as to performance standards shall be given
three (3) years in which to conform therewith.
C. Locations where determinations are to be made for enforcement of
performance standards. The determination of the existence of any
dangerous and objectionable elements shall be made at the location of the
use creating the da ngerous or objectionable elements and at any points
where the existence of such elements may be more apparent (referred to
in the section a s “at any point”); provided, however, that the
measurement of performance standards for noise, vibration, odors, glare
or hazardous substances or wastes shall be taken at the following points of
measurement:
1. In all districts: At the property lines or lot lines; or
106
60 Annual Docket Amendments -
Re: Development Regulations
2. In all districts: At the buffer zone setback lin e for any
hazardous substance land use facility, which must be at least fifty (50) feet
from any property line.
D. Restrictions on dangerous and objectionable elements.
1. Vibration. No vibration shall be permitted which is discernible
without instruments at the points of measurement specified in this section.
2. Odors. No emission shall be p ermitted of odorous gases or
other odorous matter in such quantities so as to exceed the odor threshold
at the fo llowing points of measurement. The odo r threshold shall be
defined as the conce ntration in the air of a gas or vapor whi ch will just
evoke a response in the human olfactory system.
a. Industrial park district, M1. O dorous matter released
from any operation or activity shall not exceed the odor threshold beyond
lot lines.
b. Limited industrial district, M2. Odorous matter released
from any operation or activity shall not exceed the odor threshold beyond
lot lines.
c. General industrial district, M3. Odorous matter released
from any operation or activity shall not exceed the odor threshold beyond
the district boundary or five hundre d (500) feet from the lot lin e,
whichever distance is shortest.
3. Glare. No direct or sky-reflected glare, whether from
floodlights or from high temperature processes such as co mbustion or
welding or otherwise, so as to be visible at the po ints of measurement
107
61 Annual Docket Amendments -
Re: Development Regulations
specified in subse ction (C) o f this section shall be perm itted. This
restriction shall no t apply t o signs o r floodlighting of b uildings for
advertising or protection otherwise permitted by the provisions of this title.
4. Radioactivity or electrical disturbance. The regulations of the
federal occupational safety a nd health standards shall a pply for all
radioactivity and electrical disturbance unless local codes and ordinances
supersede this federal regulation.
5. Fire and explosion hazards. The relevant provisions of federal,
state and local laws and regulations shall apply.
6. Smoke, fly ash, du st, fumes, vapors, gases and other forms
of air pollution. The standards of th e Puget Sound Air Pollution Control
Agency, Regulation I, or tho se regulations as may be subsequently
amended, shall apply.
7. Liquid or solid wastes. No discharge of any materials of such
nature or temperature as can contaminate any water supply, interfere with
bacterial processes in sewage treatment or otherwise cause the emission
of dangerous or offensive elements shall be permitted at any point into any
public sewer, private sewage disposal system or stream, or into th e
ground, except in comp liance with state and federal reg ulations and
Chapter 7.14 KCC.
8. Hazardous substances or wastes. No r elease of hazardous
substances or wastes as can contaminate any water supply, interfere with
bacterial processes in sewage treatment, or otherwise cause the emission
of dangerous or offensive elements shall be permitted at any point into any
public sewer, private sewage disposal system, watercourse or water body,
or the ground, except in compliance with state and federal reg ulations and
108
62 Annual Docket Amendments -
Re: Development Regulations
Chapter 7.14 KCC. The releva nt provisions of fede ral, states, and loca l
laws and regulations shall apply, and compliance shall be certified by
applicants for permits under this titl e. The follo wing site developme nt
standards shall apply:
a. Hazardous waste facilitie s shall meet the loca tion
standards for siting dangerous waste management facilities adopted
pursuant to Chapter 70.105 RCW;
b. Hazardous substance land use facilities shall be located at
least:
i. Two hundred (200) feet from unstable soils or
slopes which are delineated on the hazard areas d evelopment limitations
map or as may be more precisely determined per KCC 15.08.224(B);
ii. Two hundred (200) feet from the ordinary high water
mark of major or minor streams or la kes which are delineated on the
hazard area develo pment limitations map or as may be m ore precisely
determined per KC C 15.08.224(B),erosion, landslide or seismic haza rd
areas or the ordinary high water mark of stream s, as defined in Kent City
Code 11.06.200, lakes, shorelines of statewide significance, or shorelines
of the state;
iii. One-quarter (1/4) mile from public parks, p ublic
recreation areas, or natural preserves, or state or federal wildlife refuges;
provided, that for purposes of this section public recreation areas do not
include public trails;
iv. Fifty (50) feet from any property line to serve as an
onsite hazardous substance land use facility buffer zone;
109
63 Annual Docket Amendments -
Re: Development Regulations
v. Five hundred (500) feet and one hundred (100)
feet from a residential zone and a residential unit, respectively; and
vi. Five hundred (500) feet from a public gathering
place or agricultural land or zone, in the case of a nonagricu ltural
hazardous substance land use facility;
c. Hazardous substance land use facilities shall not be
located in a one hundred (100) year floodplain;
d. Hazardous substance land use facilities which are not
entirely enclosed within a building shall provide a type I solid screen
landscaping of a width of at least ten (10) feet in the hazardous substance
facility buffer zone required by subsection (D)(8)(b)(iv) of this section;
e. Above ground hazardous su bstance land use facilities
shall be constructed with con tainment controls which will prevent the
escape of hazardous substances or wastes in the event of an accidental
release from the facility, and shall m eet federal, state, and local de sign
and construction requirements;
f. Underground hazardous substance land use fa cilities
shall meet federal, state, and local design and construction requirements;
g. Hazardous substance land u ses shall comply with
adopted fire codes;
h. Hazardous substance land uses shall provide for review
and approval by the city fire department of a h azardous substance spill
contingency plan for immediate implementation in the event of a release of
hazardous substances or wastes at the facility;
110
64 Annual Docket Amendments -
Re: Development Regulations
i. Hazardous substance land uses sh ould use traffic
routes which do not go through residential zones;
j. Hazardous substance land uses in the O, NCC, CC, and
DC zones shall be entirely enclosed within a building; and
k. Without limiting the application of the adopted fire
codes to diesel fuel tanks, ab ove and b elow ground diesel fuel storage
tanks exclusively intended for use on stationary, onsite, oil burning
equipment (such as electrical p ower generator syste ms) in all
nonresidential zoning districts shall be exempt from th e hazardous
substance regulations of this section, and above and below ground diesel
fuel tanks of up to six th ousand (6,000) gallons intended exclusively for
use on stationary, onsite, oil burning equipment (such as electrical power
generator systems) in resid ential zones shall be exempt from the
hazardous substance regulations of this section for essential governmental
facilities only. The hazardous substance zoning code regulations, including
the existing five hundred (500) gallon limit for hazardous substances for
residential uses, shall otherwise remain in force and effect. Additionally, all
above ground diesel fuel tanks over five hundred (500) gallons exempted
by this subsection are required to have a five (5) foot minimum landscape
buffer surrounding the tank to buffer the visual impacts of these tan ks.
Moreover, the plann ing director shall ha ve the d iscretion to increase or
modify this landscape buffer requir ement depending upon the specific
circumstances posed by any particular tank location.
In case of conflict b etween any of these site development standards and
the development standard s of spec ific zoning districts or oth er
requirements of this title, the more restrictive requirement shall apply.
111
65 Annual Docket Amendments -
Re: Development Regulations
SECTION 22. – Severability. If any one o r more section,
subsection, or sentence of this ordinance is held to be unconstitutional or
invalid, such decision shall not affect the validity of the rema ining portion
of this ordinance and the same shall remain in full force and effect.
SECTION 23. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorne y, the city clerk an d the cod e reviser are
authorized to make necessary corrections to this ordinance, includin g the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, co des, rules, or
regulations.
SECTION 24. – Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR Date Approved
ATTEST:
KIMBERLY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
P:\Civil\Ordinance\Annual Docket Amendments_ECDC Draft.docx
112
Docketed Code Amendments
Economic and Community
Development Committee
11/13/17
113
Not Included
•Dumpster Requirements – Multifamily
Developments
•Medical or Recreational Marijuana
•Multifamily Tax Exemptions –Expand Area
114
Housekeeping Amendments
•M1 Industrial Park District Purpose Statement
Change “…in an atmosphere of prestige
location…” to “…in a prestigious location…”
•Delete Definitions (Already In CAO):
Creeks, major; Creeks, minor; Drainage ditch,
Erosion hazard areas; Landslide areas; Ravine;
Seismic hazard areas; Unique and fragile area
Correct references to refer to CAO
115
Height Limitation
•Midway Transit Community – 1
Increase from five stories or 55 feet to seven
stories or 65 feet
Maintain lower height when next to residential
district
116
House-Banked Card Rooms
•Define and Regulate Card Rooms
Principally (P) or Conditionally (C) Permitted
P = GC, CC, CM-1, CM-2, M1-C (Except MIC)
C = When Within GC-MU or CC-MU Zoning
Districts
Not Allowed within Urban Center Land Use Plan
Area
117
Density Calculation
Rounding
.5 or below – round down
Above .5 – round up
118
Residential Design Review
Apply to all newly-constructed or re-constructed
residential
Flexibility for orientation of dwelling unit when
out of context of surrounding development.
119
Side Yard Setbacks
Five feet
Fire regulations apply
120
Public Notice
•Increase mailing radius for short plats from 200
feet to 300 feet.
•Revise subdivision code to require a major plat
alteration for substantial changes in access
points
▫Allow major plat alterations to retain their vesting.
121
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
Date: September 18, 2017
To: Chair Katherine Jones and Land Use and Planning Board Members
From: Charlene Anderson, AICP, Long Range Planning Manager
RE: Docket Code Amendments (ZCA-2017-3)
For Meeting of September 25, 2017
SUMMARY:
The City of Kent (“City”) considers annu al amendments to plans or development
regulations that are sugge sted by intere sted persons via a docket process. O n
October 18, 2016, the City Co uncil approved the 2016 docket items and amended
2014 and 2015 docket reports. Amendments for consideration are as follows:
1. Purpose of Industrial Park District – housekeeping amendment
2. Critical Areas Definitions – housekeeping amendment
3. Card Rooms or Mini-Casinos – Remove prohibition
4. Residential Design Review and Side Yard Setbacks – Apply to all development
5. Midway Transit Community-1 – Allow additional height
6. Density Rounding Calculations – More permissive rounding
Furthermore, the draft ordinance includes a determination to postpone
consideration of amendments pertaining to dumpsters for recycling and composting
in multifamily development, for medical or recreational marijuana, and for furthe r
extension of the multifamily tax exemption opportunities.
BACKGROUND & ANALYSIS:
Staff consideration of the do cket amendments includes the followin g preliminary
thoughts. The attached draft ordinance includes more details on the amendments.
Purpose Statement – M1 Industrial Park District
Critical Areas Definitions
MTC-1 Additional Height
The amendments correct grammatical errors, remove definitions no longer used, or
respond to re commendations from the Urban Land Institute pe rtaining to the
practicality of code restrictions on building height along SR 99 in the Midway area.
Card Rooms and Mini-Casinos
Options include allowing card games in Kent w here allowed by th e Gambling
Commission or allow ing card g ames as a ccessory uses in sp ecific commercial or
industrial zoning districts as accessory to a principally permitted use. Option s for
mini-casinos include allowing them as principally-permitted uses in spe cific
Information only
122
commercial or industrial zoning districts, if approved by the Gambling Commission.
Prohibiting gambling operations in m ixed use z ones or manufacturing/industrial
centers also is considered. Additional development restrictions pertaining to size or
separation requirements from sensitive uses are also options.
Pros: It is estimated that gambling activities could provide $500,000 or more
in annual revenue to the city. Some may consider gamblin g activities in
commercial and industrial areas to be an amenity to the area.
Cons: Some may object to gambling operations for various personal or
professional reasons and may perceive an increase in crime surrounding such
uses. Initial information suggests that placing gambling operations in areas
already prone to illegal activities may increase such illegal a ctivity, but that
may not be the case in other areas. Allowing ga mbling activities in mixed
use areas where residen tial uses are also allo wed may be considered
incompatible. Allowing such activities in region ally-designated
manufacturing/industrial centers may be deemed contrary to the purpose of
such centers. Additionally, separation requirements may be too limiting, and
thus, infeasible.
Density Rounding
Kent City Code currently p rohibits rounding to determine th e allowed number o f
dwelling units on a parcel for less than four lots, allows rounding for fractions of
either .85 or .75 for greater than fou r lots, and allow s typical ma thematical
rounding for ten or more lots. The amendment considers typical mathematical
rounding in all cases, or just for four or more lots.
Pros: Rounding up the allowed density calculations on properties facilitates
infill development throughout the city.
Cons: Achieving one additional lot for smaller sh ort plats may be deemed
incompatible with the nature of surrounding residential development.
Residential Design Review
Side Yard Setbacks
Kent City Code requires residential design review on subdivisions and short
subdivisions created after March 22, 20 07, and it allow s minimum five-foot side
yards on lots cre ated on or before Ma rch 22, 2007 and varying side yards within
subdivisions and short subdivisions created after that da te. The amendment
considers applying design review and the five-foot side yard on all new projects.
Pros: Minimal setbacks along with design review may achieve the quality
housing desired by the community while promoting infill development.
Cons: Five-foot setbacks provide minimal use of side yards and may limit
desired variety in lot sizes.
Staff will be present at the September 25th workshop to discuss these options with
the Board, answer questions and receive feedback.
CA\ct\S:\Permit\Plan\ZONING_OTHER_CODE_AMENDMENTS\2017\ZCA-2017-3 DOCKETED CODE AMDS FROM 2016\LUPBMemo_9-25-17.doc
123
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
Date: September 13, 2017
To: Chair Katherine Jones and Land Use and Planning Board Members
From: Erin George, AICP, Senior Planner
RE: Public Notice and Subdivision Code Amendment (ZCA-2017-3)
For Meeting of September 25, 2017
SUMMARY:
City Administration has directed staff to evaluate the City’s public notice and pla t
alteration process, to en sure residents are adequately notified of nea rby
development. Staff received the Board’s approval at the May 8, 2017 workshop to
consider these co de amendments along with the 2016 d ocket items that a re
currently moving forward under the Planning staff’s 2017 work program.
BACKGROUND & ANALYSIS:
Under Kent’s current process, the public is notified of certain development projects
twice: at the time staff starts reviewing a proje ct and prior to the hearing or
committee meeting where a final decision is made. The public is given the
opportunity to provide written or verbal comments at both times.
In recent years, a few develo pment projects have generated resident complaints
regarding public notice. Sta ff has evaluated these situations and concluded the
following underlying causes: (1) Long p lat validity periods d uring the rece ssion
meant new residents were unaware of the project when constru ction began, and
(2) changes in the access to plats and short plats impacted different residents.
In addition to evalu ating the City’s current public notice process and complaints
received, staff also researched public notice strategies used by neighboring cities.
Those considered include Covington, Renton, Tukwila, Des Moine s, Auburn and
Federal Way. Given that state law requires public notice for certain local actions, we
found many similarities among these cities as summarized below:
Mailing radius for notices of application and hearings:
Four cities use a 300-foot mailing radi us (minimum required by state), and
two cities use a 500-foot mailing radius.
Neighborhood meetings:
State law requires a public hearing for plats. Some cities require an
additional public meeting earlier in the process for certain projects as follows:
MOTION: None - Information only
124
o Plats: two cities (Renton, Tukwila)
o Controversial projects: two cities (Des Moines, Federal Way)
o Multi-family projects over 20 units: Auburn
o Downtown projects: Covington
Construction notices:
All cities post, publish and mail notices of application and hearings. None of
these six cities issue notifications of impending construction.
Staff analysis of K ent’s existing public notice process and those of other cities
concluded that our public notice process is generally achieving its intended purpose
of notifying members of the public who may be affected by upcoming development,
and we are employing simila r strategies as neig hboring cities. While we have
received a few complaints, they are infrequent and a re related to uniqu e
circumstances. However, several aspects have been identified which could be
improved upon to provide even better public notice above state law requirements, if
the Board and Council so desires. The following list of areas for improvement offers
potential solutions along with pros and cons.
Issue 1: Projects starting construction
Option 1A: Post on-site and mail a Noti ce of Construction for all residential
plats and short plats.
Option 1B: Post on-site and mail a No tice of Construction for residential
plats that received preliminary approval more than 6 years prior to the sta rt
of construction.
Option 1C: Do not issue a Notice of Construction.
Pros: A notice of construction would make a ffected residents aware of
impending construction.
Cons: Projects starting construction are alread y approved and co de-
compliant. Issuing a const ruction notice may cau se a false impression of
residents’ ability to influence project design. Creating a new kind o f public
notice, especially if required for all p lats and short plats, will re sult in
increased expenditure of staff resources, mailing and publication costs.
Issue 2: Changing access points to plats
Option 2A: Revise the subdivision code to require a major plat alteration for
substantial changes in access points, but allow m ajor plat alterations to
retain their vesting.
Option 2B: Revise the subdivision code to require a major plat alteration for
substantial changes in access points, but do not allow major plat alterations
to retain their vesting.
Option 2C: Do not revise the subdivision code.
125
Pros: A m ajor plat alteration will trigger a new publi c notice and a new
hearing. This will make affected residents aware of the changes and give
them an opportunity to comment.
Cons: Major plat alterations are an increased cost and time investme nt for
developers.
Issue 3: Mailing Radiuses
Option 3A: Increase the mailing radius for short plats from 200 feet to 300
feet. Keep the 300 feet mailing radius for all other application types.
Option 3B: Increase the mailing radius for all application types to 500 feet.
Option 3C: Keep all existing mailing radiuses.
Pros: More residents will receive notice of projects, thus lessening the chance
that an affected person is missed. Havi ng a consistent radius for all projects
would increase staff efficiency and clarity.
Cons: A larger radius will result in increased expenditure of staff resources,
mailing and publication costs. In some cases, a larger radius may result in
confusion if residents are notified of development that is too far away.
Issue 4: Public Meetings
Option 4A: Require applicants to hold a ne ighborhood meeting prior to the
public hearing for residential plats.
Option 4B: Do not co dify a req uirement for neighb orhood meetings, and
instead continue the existing practice of encouraging the applicant to host a
neighborhood meeting for large or controversial projects.
Pros: The location or time of the neighborhood meeting may be more
convenient for some residents.
Cons: A neighborhood meeting is dupl icative of the existing public hearing
requirement. Other cities noticed the su bsequent hearing often had little to
no attendance as a result. R equiring two publi c meetings will resu lt in
increased expenditure of staff resources beyond normal working hours.
Staff will be present at the September 25th workshop to discuss these options with
the Board, answer questions and receive feedback.
EG: S\Permit\Plan\ZONING_OTHER_CODE_AMENDMENTS\2017\ZCA-2017-3 DOCKETED CODE AMDS FROM 2016\Public Notice 12.01 & 12.04\Public
Notice LUPBMemo_9-25-17.doc
126
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
Date: October 23, 2017
To: Chair Katherine Jones and Land Use and Planning Board Members
From: Charlene Anderson, AICP, Long Range Planning Manager
RE: Docketed Code Amendments (ZCA-2017-3)
For Meeting of October 23, 2017
SUMMARY:
The City of Kent (“City”) considers annual amendments to plans or development
regulations that are suggested by interested persons via a docket process. On
October 18, 2016, the City Council approved the 2016 docket items and amended
2014 and 2015 docket reports. The code amendments currently proposed are
included in those docket reports or were subsequently added by the Economic and
Community Development Committee.
MOTION: Approve/Deny/Modify staff’s recommendations on following
docketed code amendments:
1. Amend purpose statement for M1 zoning district.
2. Delete critical areas definitions and correct related code references.
3. Increase height limitation in MTC-1 zoning district while maintaining
height restrictions near residential zoning districts.
4. Allow house-banked card rooms as principally permitted uses in CC,
CM-1, CM-2, GC, and M1-C zoning districts not located in areas
designated Manufacturing/Industrial Center, and as conditionally
permitted uses in CC-MU and GC-MU zoning districts.
5. Allow mathematical rounding for calculation of number of lots for
subdivisions, short plats and multifamily development.
6. Apply residential design review to all newly-constructed or
reconstructed residences.
7. Apply five-foot side yard setbacks to single family residential
development in SR-4.5, SR-6 and SR-8 zoning districts.
8. Amend public notice process and alteration requirements for
subdivision and short plats.
9. Do not consider code amendments pertaining to dumpster
requirements for multifamily developments, medical or recreational
marijuana, or further expansion of multifamily tax exemptions at
this time.
127
BACKGROUND & ANALYSIS:
Staff analyzed the following docket amendments which are included in the draft
ordinance. A separate memo from Erin George analyzes the proposed amendments
for public notice and alterations to subdivisions and short plats.
Purpose Statement – M1 Industrial Park District
a. The amendment corrects a grammatical error.
2. Critical Areas Definitions
a. The amendments remove from the zoning code those definitions
pertaining to critical areas regulations that are no longer included in that
code, and they correct performance standards in 15.08.050.D.8.b KCC
that refer to critical areas.
3. MTC-1 Height Limitations
a. The amendment responds to a recommendation from the Urban Land
Institute Technical Assistance Panel that a more practical height
limitation along SR 99 in the Midway area would be 65 feet or seven
stories. This allows the city to take advantage of transit-oriented
development opportunities while considering market forces and the
context of the Kent-Des Moines station area.
4. House-Banked Card Rooms
a. House-banked card rooms and mini-casinos are different names for
basically the same operations. Currently the city does not allow house-
banked card rooms in any zoning district. The city does allow bona fide
charitable or nonprofit organizations to operate social card games.
b. Staff considered options to allow house-banked card games in Kent
where allowed by the Gambling Commission or to allow card games as
principally-permitted, accessory or conditionally-permitted uses in
specific commercial or industrial zoning districts depending on locations
in areas designated mixed use or manufacturing/industrial center.
Furthermore, staff considered adding development restrictions
pertaining to size or separation requirements and a broader definition
and regulation of not-for-profit gaming or gambling facilities.
c. The Washington State Gambling Commission caps house-banked card
rooms at 15 tables, which represents an inherent size restriction.
d. It is estimated that gambling activities could provide $500,000 or more
in annual revenue to the city.
e. Kent and Renton police do not believe house-banked card rooms cause a
significant rise in crime, although that depends on how they are
operated.
f. Allowing gambling activities in downtown or in the transit-oriented
development districts in Midway is not consistent with the compact,
pedestrian-oriented context of those areas. Allowing gambling activities
in mixed use areas where residential uses are also allowed may be an
incompatible use and should be carefully evaluated via a conditional use
permit process. Allowing gambling activities in manufacturing/industrial
centers or other industrial areas is contrary to the purpose of such
centers and areas.
128
g. Broadening the definition or areas for non-profit gambling operations
would require further analysis and staff resources. Staff recommends
consideration of only card rooms at this time.
5. Density Rounding
a. Kent City Code currently prohibits rounding to determine the allowed
number of dwelling units on a parcel for less than four lots or dwelling
units, allows rounding for fractions of either .85 or .75 for greater than
four lots or dwelling units, and allows typical mathematical rounding for
ten or more lots or dwelling units. Staff considered options including
typical mathematical rounding in either all cases or just for four or more
lots or dwelling units.
b. Rounding up the calculations for maximum allowed density on properties
facilitates infill development throughout the city. Although one accessory
dwelling unit (“ADU”) per detached single family dwelling unit already is
allowed within all residential zoning districts, the accessory dwelling unit,
by definition, must be on the same lot as the principal residence. ADUs
are not included in the calculation of maximum allowed density.
6. Residential Design Review
a. Kent City Code requires residential design review on subdivisions and
short subdivisions created after March 22, 2007. The residential design
standards have improved the design of residential subdivisions and have
not been onerous to developers. Therefore, it is appropriate to apply
design review to all newly-constructed and reconstructed residences,
while allowing planning director discretion in orientation of homes when
determined incompatible with the existing context of surrounding
development.
7. Side Yard Setbacks
a. Kent City Code allows minimum five-foot side yards on lots created on or
before March 22, 2007 and varying side yards within subdivisions and
short subdivisions created after that date.
b. Fire regulations consider hazards that may be created with smaller
setbacks.
c. Several cities in the area allow five-foot side yard setbacks.
d. Setbacks do not appear to improve the quality of housing; design review
more readily achieves the desired aesthetics for residential areas.
e. More housing is needed in the region. Five-foot setbacks support infill
development.
STAFF RECOMMENDATION: Staff recommendations are provided in the
attached draft ordinance.
EXHIBITS: Draft Ordinance, Side Yard Comparisons
CA\ct\S:\Permit\Plan\ZONING_OTHER_CODE_AMENDMENTS\2017\ZCA-2017-3 DOCKETED CODE AMDS FROM 2016\LUPB-Public-Hearing-Report_10-23-
17.doc
129
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
Date: October 9, 2017
To: Chair Katherine Jones and Land Use and Planning Board Members
From: Erin George, AICP, Senior Planner
RE: Public Notice Process and Subdivision Code Amendment (ZCA-2017-3)
For Hearing of October 23, 2017
SUMMARY:
City Administration has directed staff to evaluate the City’s public notice and plat
alteration process to ensure residents are adequately notified of nearby
development. Staff received the Board’s approval at the May 8, 2017 workshop to
consider these code amendments along with the 2016 docket items that are
currently moving forward under Planning’s 2017 work program. Staff presented an
analysis of Kent’s existing public notice process, a comparison with other cities, and
options for code amendments at the September 25, 2017 LUPB workshop.
BACKGROUND & ANALYSIS:
Under Kent’s current process, the public is notified of certain development projects
twice: At the time staff starts reviewing a project and prior to the hearing or
committee meeting where a final decision is made. The public is given the
opportunity to provide written or verbal comments at both times.
In recent years, a few development projects have generated resident complaints
regarding public notice. Staff has evaluated these situations and concluded the
following underlying causes: (1) Long plat validity periods during the recession
meant new residents were unaware of the project when construction began, and
(2) changes in the access to plats and short plats impacted different residents.
In addition to evaluating the City’s current public notice process and complaints
received, staff also researched public notice strategies used by neighboring cities.
Those considered include Covington, Renton, Tukwila, Des Moines, Auburn and
Federal Way. Given that state law requires public notice for certain local actions, we
found many similarities among these cities as summarized below:
Mailing radius for notices of application and hearings:
Four cities use a 300-foot mailing radius (minimum required by state), and
two cities use a 500-foot mailing radius.
Neighborhood meetings: State law requires a public hearing for plats. Some
cities require an additional public meeting earlier in the process for certain
projects as follows:
o Plats: two cities (Renton, Tukwila)
o Controversial projects: two cities (Des Moines, Federal Way)
o Multi-family projects over 20 units: Auburn
o Downtown projects: Covington
MOTION: See Motion in Docket Memo
130
Construction notices:
All cities post, publish and mail notices of application and hearings. None of
these six cities issue notifications of impending construction.
Staff analysis of Kent’s existing public notice process and those of other cities
concluded that our public notice process is generally achieving its intended purpose
of notifying members of the public who may be affected by upcoming development,
and we are employing similar strategies as neighboring cities. While we have
received a few complaints, they are infrequent and are related to unique
circumstances. However, several aspects have been identified which could be
improved upon to provide even better public notice above state law requirements, if
the Board and Council so desires. The following list of areas for improvement offers
potential solutions along with pros and cons.
Issue 1: Mailing Radiuses
Option 1A: Increase the mailing radius for short plats from 200 feet to 300
feet. Keep the 300 feet mailing radius for all other application types.
*Staff recommended option
Option 1B: Increase the mailing radius for all application types to 500 feet.
Option 1C: Keep all existing mailing radiuses.
Pros: More residents will receive notice of projects, thus lessening the chance
that an affected person is missed. Having a consistent radius for all projects
would increase staff efficiency and clarity.
Cons: A larger radius will result in increased expenditure of staff resources,
mailing and publication costs. In some cases, a larger radius may result in
confusion if residents are notified of development that is too far away.
Issue 2: Public Meetings
Option 2A: Require applicants to hold a neighborhood meeting prior to the
public hearing for residential plats.
Option 2B: Do not codify a requirement for neighborhood meetings, and
instead continue the existing practice of encouraging the applicant to host a
neighborhood meeting for large or controversial projects.
*Staff recommended option
Pros: The location or time of the neighborhood meeting may be more
convenient for some residents.
Cons: A neighborhood meeting is duplicative of the existing public hearing
requirement. Other cities noticed the subsequent hearing often had little to
no attendance, as a result. Requiring two public meetings will result in
increased expenditure of staff resources beyond normal working hours.
Issue 3: Projects starting construction
Option 3A: Post on-site and mail a Notice of Construction for all residential
plats and short plats.
131
Option 3B: Post on-site and mail a Notice of Construction for residential
plats that received preliminary approval more than 6 years prior to the start
of construction.
Option 3C: Do not issue a Notice of Construction.
*Staff recommended option
Pros: A notice of construction would make affected residents aware of
impending construction.
Cons: Projects starting construction are already approved and code-
compliant. Issuing a construction notice may cause a false impression of
residents’ ability to influence project design. Creating a new kind of public
notice, especially if required for all plats and short plats, will result in
increased expenditure of staff resources, mailing and publication costs.
Issue 4: Changing access points to plats
Option 4A: Revise the subdivision code to require a major plat alteration for
substantial changes in access points, but allow major plat alterations to
retain their vesting. *Staff recommended option
Option 4B: Revise the subdivision code to require a major plat alteration for
substantial changes in access points, but do not allow major plat alterations
to retain their vesting
Option 4C: Do not revise the subdivision code.
Pros: A major plat alteration will trigger a new public notice and a new
hearing. This will make affected residents aware of the changes and give
them an opportunity to comment.
Cons: Major plat alterations are an increased cost and time investment for
developers.
RECOMMENDATION: Staff recommends approval of the amendments to Title 12
of the Kent City Code as described in Options 1A, 2B, 3C and 4A, and will be
available at the October 23rd public hearing for further discussion.
EG\ct\ S\Permit\Plan\ZONING_OTHER_CODE_AMENDMENTS\2017\ZCA-2017-3 DOCKETED CODE AMDS FROM 2016\Public Notice 12.01 & 12.04\Public
Notice 10-23-17 LUPB_HearingMemo.doc
132
City of Kent Side Yard Setbacks
Comparisons With Other Cities
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
AB C D E F G H I
City
SR-4.5/9600sf
Side Yard
SR-6/7200 sf Side
Yard
SR-8/5000 sf Side
Yard
Small lot 2500 sf
Side Yard Street Side Yard Front Yard Rear Yard Site Coverage
Seattle 5' 5' 5' Avg 5', Min 3'
20' (10' for small
lot)
20% depth, min 10'
(10' for small lot)
30%/1000 sf +15%
for lots <5000 sf
Tukwila 5' 10' 20' 10' 35%
Auburn 5' (landscape 5') 5' (landscape 5') 10' 10' 20' 40%; 50% for R-7
Bellevue 5' 5' 5' 15' (10' in R-7.5) 20' 20'
35% in R-4; 40% in
R-5 and R-7.5
Renton Combined 20', min
7.5'
Combined 15', min
5'5'20' in R-4; 25' in R-
6; 15' in R-8
30' in R-4; 25' in
R-6; 20' in R-8
25' in R-4 and R-6; 20'
in R-8
35% in R-4; 40% in
R-6; 50% in R-8
SeaTac 5' 5'
5' (0 lot line
depending on
design and
adjacency)
5' (0 lot line
depending on
design and
adjacency)
20'
15' (can be 0 lot line
for 3600 and 2400
depending on design
and adjacency)
35% for 9600 and
7200; 45% for 3600
Kent
8' (for subdivisions
on or after March
22, 2007, 5' for
50% of lots and
16' aggregate for
other 50%)
8' (for subdivisions
on or after March
22, 2007, 5' for
50% of lots and
16' aggregate for
other 50%)
8' (for
subdivisions on or
after March 22,
2007, 5' for 50%
of lots and 16'
aggregate for
other 50%)
10' except 20' for
driveways 10' 10'
45% in SR-4.5;
50% in SR-6; 55%
in SR-8
25% of lots can be
duplex or triplex
townhouses
25% of lots can be
duplex or triplex
townhouses
25% of lots can
be duplex or
triplex
townhouses
ADUs allowed ADUs allowed ADUs allowedDesign Review
(orientation of
entry, façade
modulation or
roofline variation,
diminished
garages)
Design Review
(orientation of
entry, façade
modulation or
roofline variation,
diminished
garages)
Design Review
(orientation of
entry, façade
modulation or
roofline variation,
diminished
garages)
September, 2017
133
PHOTO 3
Morford Meadows South
Zoom in of Photo 2; 5 feet on each side for a total of 10 feet between houses
PHOTO 4
Park Place Lane
All 3 houses have 8 foot side setbacks
134
t g
$
PHOTO 1
Moriorci Meaciows South
I foot side setbacks
PHOTO 2
Morford Meadows South
Far right - 8 foot side setbacks; Middle - 5 foot; Left - 5 foot
135
PHOTO 5
Park Place Lane
All houses in photo have 5 foot side setbacks
136
From: David Hoffman [mailto:dhoffman@mbaks.com]
Sent: Friday, September 15, 2017 1:33 PM
To: George, Erin
Cc: Anderson, Charlene; Gilbert, Matthew
Subject: RE: Public Notice Code Amendment Memo
Erin,
Thank you for this information. It was timely and much appreciated. As I mentioned when we met, we
would encourage the city to enforce notice requirements in a manner consistent with your neighboring
jurisdictions. If there is a strong desire from council to provide another iteration of public notice for inactive
plats that are nearing construction, we would suggest that the notice make abundantly clear that there are
no opportunities to appeal the project or change the underlying approvals. This process could create a
great deal of confusion. Additionally, since we’re really talking about plats that were/are much older than
the current timeline allows for vesting of plats, this should apply to plats that are 7 years old or older.
Since this is a new idea, and no other local city provides a “notice of construction” to neighbors, it would
be appropriate to find out how many plats this requirement would be required to provide notice. We can’t
be talking more than 5 plats, but perhaps I’m mistaken.
I’d like to check in on two items I did not see included in the memo: administrative final plat approval and
side yard setbacks. Could you remind me of the timelines for those two items?
Thanks!
David Hoffman
King County Manager
Master Builders Association of King & Snohomish Counties
p 425.460.8224 | m 206.605.3836
335 116th Ave. SE | Bellevue, WA 98004
mbaks.com
103137
From: Kurt Wilson tmaitto:t<urtOsounOU l
Sent: Monday, October 23,2017 7:46 AM
To: Anderson, Charlene
Cc: John Harkness
Subject: 5ft side yard setbacks in Kent
Charlene
It has just been brought to my attention that 5 ft. side yard setbacks in the SR-4.5, SR-6 and SR-7 zoning
districts is on the Land Use and Planning Board's agenda for their meeting tonight. I want to voice my
support of this change. lt is a long time coming and makes great sense. lt is important to make sure that
this change is effective for all existing legal lots in these zones as wellas those currently in the
development process.
Thanks
Kurt Wilson
SoundBuilt Homes
PO BOX 73790
Puyallup, WA 98373
253-539-8116 Office
253-535-0977 Fax
253-377-71,47 cell
kurt@soundbuilthomes.com
NECEIVED
EFY OF KENT
00T 23 2011,
FI.T{G BOARD
138
t'h
n,Ba
HASTTR EUITllIRStss0Glttt0ti
sl ffil t(t SiDloditn t:ourh.,
:1ii:MBAKSLOM | 1.,ti:;: 4?5.451 .7g?o I t,,,425.646.5985
333 lr6,HAVtNUr SI i Bttl[vuE, v/ASHtNGTON 98004 i
Dear Chair Jones and Board Members:
The Master Builders Association of King and.snohomish counties (MBA) is pleased toprovide comment to you regarding youiconsideration of tne ioio-aocketed codeamendments schedured forpubrichearing on october zt, zori.- -
The city's proposal includes a modification to the allowed side yard setbacks in the SR-4.5, sR-6 and sR-7 zoning districts to s feet on each siae oitJ froperty. This changewould allow for increased flexibility in site design white also ait";i;; homebuitders tothe ability to achieve the underlying density on the parcel. with scaice buildable land
lup.ply' its critically important.we are mating the most
"ri"i*nl urJoi what is left, Thisis also an important erement to promoting a"no acnieving ir.." ditv,. iuture infiilobjectives.
Additionally,.alrowing 5-foot side yard setbacks will arso arign your code withneighboring jurisdictions..consisfency of deveropm"rt
""JE i.iJrrations amongjurisdictions creates predictability for'builders.
fhe MBA supports the adoption of the proposed code amendment that will allow for 5-fooi side yard setbacks. Thank you for your consioeration. rf you have questions,please feel free to contact me ai i;r:rct.1l::ll@itt!l,il.!!]tli or iOa_z:€i_sslz.
October 23,zOtT
City of Kent
Land Use and Planning Board
Chair Jones and Boari Members
220 4th Ave S.
Kent, WA 98032
RE: 2016 Docketed Code Amendments _ S ft. side yard setbacks
Sincerely,
Jennifer Anderson
King County Government Affairs Manager
Master Builders Association
of King and Snohomish Counties
CC: Charlene Anderson, Long Range planning Manager, City of Kent
hFA-.r r--rr[:,t,El V El,
CITY OF KENT
ocT 2 3 2017
I.AND PLNG BOARD
139
From: Paul Fennell [mailto:paulalanfennell@gmail.com]
Sent: Saturday, November 04, 2017 4:26 PM
To: Anderson, Charlene
Subject: Email for agenda packet regarding Sec. 15.02.096 - Lot density calculation
Good day,
I am writing today in reference to proposed Code amendment with regard to maximum permitted
density calculations for lots sizes ( Sec. 15.02.096 ). I regret I had missed the public hearing, but
would like this email to be included in the agenda packet for the relevant meeting(s) on this
matter for consideration and/or vote.
I would like to encourage the Land Use and Planning Board and the Kent City Council to vote in
approval of allowing rounding of fractional lot/unit size in all cases, the option Staff has
recommended at the October 23, 2017 Land Use and Planning Board meeting ( specifically,
Option C ).
I am a property owner and taxpayer in Kent's East Hill neighborhood. The house on my property
was built in the 1950's, a time in which lot sizes for the average single-family home was much
larger than it is in our modern day. As evidence, my property size is 0.44 acres, where many
newly built homes it is not uncommon for single-family homes to stand on a quarter of that lot
size. This is especially so in cities that are as highly populated as modern day Kent is. I have
attached a file containing a satellite view of the property for scale.
The dwelling-units-to-acre ratio of my property is 1.98, and under the current code it is forbidden
to subdivide this property. I believe that allowing rounding of this ratio in all cases, hence
allowing subdivision, will allow all parties involved to realize greater value. A brief explaination
follows.
Firstly, the consumer of housing will benefit from this code change. Kent being in the Seattle-
Metro area is well immersed in the area's housing affordability crisis. One of the main driver's of
this crisis is the availability of homes to the general market. This lack of availability along with
a sustained or growing demand for homes is a cause of the rapid increase in housing prices - the
key component of housing affordability. Voting in favor of this code change will allow property
owners to elect to subdivide their property, and hence increase the supply of houses to the
market. This increase in housing supply necessarily makes homes more affordable for Kent's
families.
As a result, the City and its economy stand to gain from this code change. As property owners
realize the increased value of these assets, Kent will add more taxpayers to its population,
increasing myriad tax revenue such as real estate tax, local sales tax, and so on, all without
adding to or creating a new tax. The overall local economy stands to gain as well, as these new
residents will work, shop and invest in Kent. I encourage the City Council to vote in line with
the Staff's recommended code change and allow Kent's economy to grow for us all.
140
One additional final point, allowing for subdivision of these types of properties is
consistent with the intent of the Washington State Growth Management Act of 1990,
authorizing Kent to designate urban growth areas, among other things. Kent without
doubt is far closer to an urban city than it was in its past. Subdivision of these types of
properties reduces the environmental impact of a growing population, growth that is
certain to occur with or without code changes like these. Kent can demonstrate its
commitment to the GMA by voting to allow rounding of lot sizes in all cases.
Thank you for your time in considering these points. I believe Kent can stand to gain
greatly from a simple change in this code to allow the dwelling-units-to-acre ratio to be
rounded in all cases as the Staff recommended to the Land Use and Planning Board on
October 23, 2017. Thank you again for your time and I look forward to a favorable vote.
Sincerely,
Paul Alan Fennell
Kent, WA
141
Search here ..7
'*''t[t'? i :
o
GO
f,
l,
''{r.'
a
;J
'rt
64rh Sr
s€'2
ET
I
sF 264rh sr
Google
o
sF264rh sr
J
- @2017 Google - Map data @2017 Google
I
I
I
{
!
P$$
o
$$r
UJQ
o
-cP$<t
LUa
o
_c
<f-tr
lrt(t)
CJ
!
$\t
q-
t!
u)
q)
sf\tr
'.t
{
Qc^
,lt
!
I)
KENT
Location: 4oo w. Gowe o Maitro: 220 ,hAvenue r"r?J?liiÎr%tr8Jyr'-Sr"r:
Permit Genter (253-856-5302 FAX: (253) 856-6412
www.ci.kent.wa.us/permitcenter
Environmental Checklist
Application Form
WASHINGToN
Public Notice Board and
Application Fee...See Fee Schedule
TO BE COMPLETED BY STAFF:
APPLICATION #: I;NU .ØT-7.21 xwm:KÞD- 2t17qç>
RECEIVED BY /-rrr nfúrftrþo TE +PROCESSING FEE:
A. STAFF REVIEW DETERMINED THAT PROJEGT:
Meets the categorically exempt criteria.
Has no probable significant adverse environmental impact(s) and
application should be processed without further consideration of
environmental effects.
Has probable, significant impact(s) that can be mitigated through
conditions. EIS not necessary.
Has probable, significant adverse environmental impact(s). An
Environmental lmpact Statement will be prepared.
An Environmental lmpact statement for this project has already been
prepared.
/o -b- Ð)7
Signature of Responsible Official Date
B. COMMENTS
C TYPE OF PERMIT OR ACTION REQUESTED:
D. ZONING DISTRICT:
143
A. Background lhetp]
1. Name of proposed project, if applicable: lhelp]
Annual docket amendments to Kent City Code, Chapters 3.27, 12.01, 12.04,
and Title 15 Zoning Code.
Note: The following items are included in the amendments; answers to all
questions in the checklist will correspond to the item numbers indicated below.
Where no number is indlcated, the answer applies to all amendments.
81. - Correct grammatical error - Purpose Statement M1 Industrial Park
District.
82. - Remove critical area definitions in Zoning Code that are applied
through Critical Areas Ordinance.
83. - Allow card rooms, mini-casinos and not-for-profit gaming/gambling
facilities in the city.
84. - Postponed (dumpster requirements for multifamily developments)
and will not be considered further in this SEPA checklist.
85. - Apply residential design review to all newly-constructed or
reco nstru cted resid e n ces.
86. - Apply the same side yard setbacks (five- or eight-foot) to new single
family residential development.
87. - Allow increased height limitation in Midway Transit Community-7
zoning district.
88. - Postponed (code amendments for medical or recreational marijuana)
and will not be considered further in this SEPA checklist.
89. - Completed (code amendments for multifamily tax exemption) and
will not be considered further in this SEPA checklist.
10. - Amend density rounding calculations.
11. - Amend public notice process and alteration requirements for
subdivisions and short plats.
2. Name of applicant: l-helpl
SEPA Environmental checklist (WAC 197-11-960)
October 2,20L7 Page 1 of 25
144
City of Kent, Washington
3. Address and phone number of applicant and contact person: l'helpl
Charlene Anderson, City of Kent
400 W. Gowe Street
Kent, WA 98032
2s3-8s6-s431
4. Date checklist prepared: lhelpl
October 2, 2017
5, Agency requesting checklist: lhelpl
City of Kent, Washington
6. Proposed timing or schedule (including phasing, if applicable): [helpJ
City Council adoption by December 12, 2017
7. Do you have any plans for future additions, expansion, or further activity related
to or connected with this proposal? If yes, explain. lhelpl
City may consider amendments pertaining to dumpsters in multifamily
developments, amendments pertaining to medical or recreational marijuana,
or further amendments to multifamily tax exemption at a later time.
8. List any environmental information you know about that has been prepared, or
will be prepared, directly related to this proposal. lhelp]
82, Critical Areas Ordinance:
*Adoption of City of Kent comprehensive plan environmental impact statement
draft (July 1994) and final (January 1995) (#ENV-93-51) plus addendum.
*Addendum to City of Kent comprehensive plan review and midway subarea
planned action environmental impact statement (EIS) (#ENV-2010-3) and City
of Kent downtown subarea action plan planned action supplemental
environmental impact statement (SEIS) (#ENV-2012-30).
85 and 86. Residential design review and side yard setbacks:
SEPA Environmental checklist (WAC L97-L1-96O)
October 2,20L7 Page 2 of 25
145
xAddendum to City of Kent comprehensive plan environmental impact
statement draft (July 1994) and final (January 1995) (#ENV-93-51).
87. Increased height in MTC-7 zoning district:
* City of Kent comprehensive plan review and midway subarea planned action
environmental impact statement (EIS) (#ENV-20 10-3)
9, Do you know whether applications are pending for governmental approvals of
other proposals directly affecting the property covered by your proposal? If yes,
explain. IhelpJ
No applications have been submitted pertaining to the code amendments
10. List any government approvals or permits that wlll be needed for your
proposal, if known. Ihelp]
These proposed amendments must be provided to the Washington State
Department of Commerce for review, and the city has requested expedited
review (14 days).
11, Give brief, complete description of your proposal, including the proposed uses
and the size of the project and site. There are several questions later in this
checklist that ask you to describe certain aspects of your proposal. You do not
need to repeat those answers on this page. (Lead agencies may modify this form
to include additional specific information on project description,) lhelp]
87, 82 and 77. These amendments relate to correction of a grammatical error
in the purpose statement of M1 industrial park district, elimination of
definitions in the zoning code that are in the Critical Areas Ordinance, or
pertain to notification processes or alterations for subdivision and short
plats. They are procedural in nature and thus categorically exempt under
WAC 197-11-800(19)(b). The M1 industrial park district comprises /ess
than nine percent of the city.
83. This amendment considers allowing card rooms, mini casinos and not-for-
profit gaming/gambling operations in the city when allowed by the State
Gambling Commission. Not-for-profit social card games already are
allowed in the city. Other gaming operations would be allowed either as
accessory or principally permitted uses in commercial or industrial zoning
districts except in downtown or as a principally permitted use in Midway.
They could also be allowed as conditional uses in areas designated mixed-
use or manufacturing/industrial center. The gambling portion of a building
sEPA Environmental checklist (wAc 197-11-960)
October 2,2OL7 Page 3 of 25
146
may be limited in size, separated by 600 feet from other gambling or
gaming activities, and not allowed within 7,000 feet of specific sensitive
land uses. The zoning districts where gambling or gaming activities may
be located comprise up to approximately 27 percent of the city.
85. This amendment would apply residential design review to newly
constructed or reconstructed residential development. Single famlly
residential zoning districts comprise approximately one-half of the city.
86. The side yard setback would be either five feet or eight feet rather than of
variable dimension in single family residential zoning districts. Single
family residential zoning districts comprise approximately one-half of the
city.
87. This amendment increases the height limitation in the Midway Transit
Community-1 (MTC-1) zoning district from five stories/S5 feet to seven
stories/65 feet. The height restriction of 35 feet within 20 feet from a
residential district and 45 feet within 40 feet from a residential district
would remain. The MTC-7 zoning district comprises approximately three-
tenths of one percent of the city.
10. This amendment provides for typical mathematical rounding in calculation
of maximum permitted residential density either in allcases or for four or
more lots. Single Family and Multifamily zoning districts comprise over
600/o of the city.
L2. Location of the proposal. Give sufficient information for a person to
understand the precise location of your proposed project, including a street
address, if any, and section, township, and range, if known. If a proposal would
occur over a range of area, provide the range or boundaries of the site(s). Provide
a legal description, site plan, vicinity map, and topographic ffiâp, if reasonably
available. While you should submit any plans required by the agency, you are not
required to duplicate maps or detailed plans submitted with any permit applications
related to this checklist. [helpl
81., 82. and 71 are administrative only and do not apply to a particular
location.
83. The allowance for gaming or gambling facilities could apply to the CC Community
Commercial, CC-MU Community Commercial/Mixed Use, CM1 Commercial
Manufacturing-7, CM2 Commercial Manufacturing-2, GC General Commercial, GC-
SEPA Environmental checklist (WAC I97-t1-96O)
October 2,2OL7 Page 4 of 25
147
MU General Commercial/Mixed Use, MTC-1 Midway Transit CommunÌt-1, MTC-2
Midway Transit CommunÌty-2, MCR Midway Commercial Residential, M7 Industrial
Park District, M7-C Industrial Park/Commercial, M2 Limited Industrial, and M3
General Industrial zoning districts, which are located throughout the city in the
Valley, along SR 99 and in scattered areas on East Hill.
85. This amendment considers removing the application of residential design review
for only subdivisions and short subdivision created after March 22, 2007, and
instead apply residential design to all residential development. Residential zoning
districts would include SR-7, SR-¿ SR-4.5, SR-6 and SR-9 located on the valley
floor as well as in both the east and west hill areas of the city.
86. This amendment considers removing the variable side yard regulations for
subdivisions and short subdivisions created after March 22, 2007 and instead apply
the same side yard requirements (either 5 feet or I feet) to all new single family
development in the SR-4.5, SR-6 and SR-9 zoning districts. These three zoning
districts generally are located in the east and west hill areas of the city.
87. This amendment considers a height limitation of 7 stories or 65 feet in the MTC-I
zoning district, rather than a height limitation of 6 stories or 55 feet. The height
restriction of 35 feet withÌn 20 feet from a residential district and 45 feet within 40
feet from a residential district would remain. The MTC-7 zoning district is located
along SR 99 in the Midway area from Kent-Des Moines Rd to just south of S. 244th
Street and also at the northeast corner of the intersection of SR 99 and S. 272'd
Street.
10. This amendment considers removing variable rounding in calculation of maximum
permitted residential density and apply mathematical rounding in either all cases or
when there are four or more lots or dwelling units. The amendment would apply to
single or multiple family zoning districts which are located throughout the city.
B. ENVTRoNMENTAL ELEMENTS lhetp]
1. Earth lhelpl
a. General description of the site: Ihelp]
(circle one): Flat, rolling, hilly, steep slopes, mountainous, other
87., 82. and 811. Not applicable. These amendments are administrative or
procedural only and do not apply to a particular locatÌon.
83., 85., 86. And 810 apply throughout the city which has varying
topography.
SEPA Environmental checklist (WAC 197-11-960)
October 2,20L7 Page 5 of 25
148
87. Applies to areas along SR 99 located on Kent's west hill, and is generally
flat or hilly, except west of SR 99 and south of Kent-Des Moines Rd where
the slopes vary and may be 40o/o or more.
b. What is the steepest slope on the site (approximate percent slope)? [help]
87.,82. And 811. Not applicable.
83., 85., 86. and 10. The city has varying topography with some slopes
exceeding 40o/o.
c, What general types of soils are found on the site (for example, clay, sand,
gravel, peat, muck)? If you know the classification of agricultural soils, specify
them and note any agricultural land of long-term commercial significance and
whether the proposal results in removing any of these soils. [helpJ
The U.S. Department of Agriculture Soil Conservation Seruices, 1972 General
Soil Map for Kent indicates much of the soils in Kent are Alderwood series.
Along SR 167 and the railroad rights-of-way, soils are shown as Oridia-
Seattle-Wood i nv i I le associ atio n.
d. Are there surface indications or history of unstable soils in the immediate
vicinity? If so describe. lhelp]
No development is proposed. However, within the city are areas of seismic
and erosion hazards.
e. Describe the purpose, type, total area, and approximate quantities and total
affected area of any filling, excavation, and grading proposed. Indicate source of
fill. thelpl
Not applicable. No development is proposed
f . Could erosion occur as a result of clearing, construction, or use? If so, generally
describe. Ihelpl
Not applicable. No development is proposed.
g. About what percent of the site will be covered with impervious surfaces after
project construction (for example, asphalt or buildings)? [help]
SEPA Environmental checklist (WAC L97-L1-96O)
October 2,2Ot7 Page 6 of 25
149
No development is proposed. However, changes to rounding for density
calculations could allow one additional lot on a property, supporting
additional impervious surface from residential construction.
h. Proposed measures to reduce or control erosion, or other impacts to the
earth, if any: Ihelpl
Not applicable. No erosion or other adverse impacts to the earth are expected
from these amendments.
2. Air lhelpJ
a. What types of emissions to the air would result from the proposal during
construction,-operation, and maintenance when the project is completed? If any,
generally describe and give approximate quantities if known. lhelpl
Not applicable. No development is proposed.
b. Are there any off-site sources of emissions or odor that may affect your
proposal? If so, generally describe. [helpl
Not applicable. No development is proposed.
c. Proposed measures to reduce or control emissions or other impacts to air, if
any: lhelpl
No development is currently proposed which will be impacted by emissions
and odor. Impacts to future developments will have to be evaluated when
they are proposed.
3. Water [help]
a. Surface Water:
1) Is there any surface water body on or in the immediate vicinity of the site
(including year-round and seasonal streams, saltwater, lakes, ponds,
wetlands)? If yes, describe type and provide names, If appropriate, state
what stream or river it flows into. Ihelp]
Not applicable. No development is proposed. However, streams, lakes and
wetlands are located at various locations within the city.
SEPA Environmental checklist (WAC 197-11-960)
October 2,20L7 Page 7 of 25
150
2) Will the project require any work over, in, or adjacent to (within 200 feet) the
described waters? If yes, please describe and attach available plans. lhelp]
Not applicable. No development is proposed.
3) Estimate the amount of fill and dredge material that would be placed in or
removed from surface water or wetlands and indicate the area of the site that
would be affected, Indicate the source of fill material. l-helpl
Not applicable. No development is proposed
4) Will the proposal require surface water withdrawals or diversions? Give
general description, purpose, and approximate quantities if known. [help]
Not applicable. No development is proposed
5) Does the proposal lie within a 100-year floodplain? If so, note location on the
site plan. Ihelp]
Not applicable. No development is proposed. However, there are floodplain
areas within the city.
6) Does the proposal involve any discharges of waste materials to surface
waters? If so, describe the type of waste and anticipated volume of
discharge. lhelp]
Not applicable. No development is proposed.
b. Ground Water:
1) Will groundwater be withdrawn from a well for drinking water or other
purposes? If so, give a general description of the well, proposed uses and
approximate quantities withdrawn from the well. Will water be discharged to
groundwater? Give general description, purpose, and approximate quantities
if known. l-helpl
Not applicable. No development is proposed.
2) Describe waste material that will be discharged into the ground from septic
tanks or other sources, if any (for example: Domestic sewage; industrial,
containing the following chemicals. . . ; agricultural; etc.). Describe the
general size of the system, the number of such systems, the number of
houses to be served (if applicable), or the number of animals or humans the
system(s) are expected to serve. l'helpl
SEPA Environmental checklist (wAc 197-11-960)
October 2,20L7 Page I of 25
151
Not applicable. No development is proposed.
c. Water runoff (including stormwater):
1) Describe the source of runoff (including storm water) and method of
collection and disposal, if any (include quantities, if known). Where will this
water flow? Will this water flow into other waters? If so, describe, l-helpl
Not applicable. No development is proposed
2) Could waste materials enter ground or surface waters? If so, generally
describe, lhelp]
Not applicable. No development is proposed.
3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of
the site? If so, describe. l-helol
Not applicable. No development is proposed.
d. Proposed measures to reduce or control surface, ground, and runoff water, and
drainage pattern impacts, if any: lhelpl
Not applicable. No development is proposed.
4. Plants lhelp]
a. Check the types of vegetation found on the site: Ihelp]
_deciduous tree: alder, maple, aspen, other
_evergreen tree: fir, cedar, pine, other
_shrubs
orass
_pasture
_crop or grain
Orchards, vineyards or other permanent crops.
wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other
_water plants: water lily, eelgrass, milfoil, other
_other types of vegetation
SEPA Environmental checklist (WAC 197-11-960)
October 2,20L7 Page 9 of 25
152
There are various types of vegetation throughout the city. No development is
proposed at this time.
b. What kind and amount of vegetation will be removed or altered? l-helpl
Not applicable. No development is proposed.
c. List threatened and endangered species known to be on or near the site. lhelpl
Not applicable. No development is proposed.
d. Proposed landscaping, use of native plants, or other measures to preserve or
enhance vegetation on the site, if any: lhelpl
Not applicable. No development is proposed.
e. List all noxious weeds and invasive species known to be on or near the site.
Ihelpl
Not applicable. No development is proposed.
5. Animals lhelpl
a. List any birds and other animals which have been observed on or near the site
or are known to be on or near the site. lhelp]
Examples include:
birds: hawk, heron, eagle, songbirds, other:
mammals: deer, bear, elk, beaver, other:
fish: bass, salmon, trout, herring, shellfish, other
Not applicable. No development is proposed.
b. List any threatened and endangered species known to be on or near the site
l-helol
Not applicable. No development is proposed.
c. Is the site part of a migration route? If so, explain, lhelp]
The Pacific Flyway for migratory birds runs through the city
SEPA Environmental checklist (WAC 197-11-960)
October 2,2OL7 Page 10 of 25
153
d. Proposed measures to preserve or enhance wildlife, if any: lhelp]
Not applicable. No development is proposed.
e. List any invasive animal species known to be on or near the site. l-helpl
Not applicable. No development is proposed.
6. Energy and Natural Resources lhelpl
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used
to meet the completed project's energy needs? Describe whether it will be used
for heating, manufacturing, etc, [help]
Not applicable. No development is proposed.
b. Would your project affect the potential use of solar energy by adjacent
properties? If so, generally describe. Ihelp]
Not applicable. No development is proposed.
c. What kinds of energy conservation features are included in the plans of this
proposal? List other proposed measures to reduce or control energy impacts, if
any: [help]
Not applicable. No development is proposed.
7. Environmental Health lhelp]
a. Are there any environmental health hazards, including exposure to toxic
chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur
as a result of this proposal? If so, describe. lhelp]
1) Describe any known or possible contamination at the site from present or
past uses. lhelol
Not applicable. No development is proposed. However, some areas of the
city are located within areas having potential arsenic contamination or
othe r b row nfi e I d co n ce rn s.
2) Describe existing hazardous chemicals/conditions that might affect project
SEPA Environmental checklist (wAc 197-11-960)
October 2,2OL7 Page 11 of 25
154
development and design. This includes underground hazardous liquid and
gas transmission pipelines located within the project area and in the vicinity.
Ihelpl
Not applicable. No development is proposed. However, some areas of the city
are proximate to gas transmission pipelines or other hazardous substance
land use facilities.
3) Describe any toxic or hazardous chemicals that might be stored, used, or
produced during the project's development or construction, or at any time
during the operating life of the project. [help]
Not applicable. No development or construction is planned at this time.
4) Describe special emergency services that might be required. [help]
Not applicable
5) Proposed measures to reduce or control environmental health hazards, if
any: [help]
Not applicable. No development or construction is planned at this time
b, Noise Ihelp]
1) What types of noise exist in the area which may affect your project (for
example: traffic, equipment, operation, other)? [help]
Not applicable. No development is proposed at this time
2) What types and levels of noise would be created by or associated with the
project on a short-term or a long-term basis (for example: traffic, construction,
operation, other)? Indicate what hours noise would come from the site, [help]
Not applicable. No development is proposed
3) Proposed measures to reduce or control noise impacts, if any: Ihelp]
Not applicable. No development is proposed
B. Land and Shoreline Use l-helpl
SEPA Environmental checklist (WAC 197-11-960)
October 2,20L7 Page 12 of 25
155
a. What is the current use of the site and adjacent properties? Will the proposal
affect current land uses on nearby or adjacent properties? If so, describe. [help]
No development is proposed at this time. However, net residential density
may be increased by 86., use of smaller side yard setbacks, 87., increased height
in the MTC-1 zoning district along SR 99, or 70, density rounding provisions.
b. Has the project site been used as working farmlands or working forest lands? If
so, describe. How much agricultural or forest land of long-term commercial
significance will be converted to other uses as a result of the proposal, if any? If
resource lands have not been designated, how many acres in farmland or forest
land tax status will be converted to nonfarm or nonforest use? l-helpl
No development is proposed at this time, and the amendments should not
affect any agricultural land of long-term commercial significance.
1) W¡ll the proposal affect or be affected by surrounding working farm or forest
land normal business operations, such as oversize equipment access, the
application of pesticides, tilling, and harvesting? If so, how: lhelp]
Not applicable.
c. Describe any structures on the site. lhelpl
Not applicable. No development is proposed at this time.
d. Will any structures be demolished? If so, what? lhelp]
Not applicable. No development is proposed
e What is the current zoning classification of the site? l-helpl
No development is proposed at this time.
83. Could allow gambling uses in some commercial and industrial areas of the
city.
85. Could add residential design to more residential construction within areas
designated SR-7, SR-3, SR-4.5, SR-6 and SR-9.
86. Could decrease side yard setbacks in single family residential zoning
districts - SR-4.5, SR-6 and SR-9.
87. Could increase height in the Midway Transit Community-1 (MTC-1) zoning
district along SR 99.
SEPA Environmental checklist (WAC 197-11-960)
October 2,20L7 Page 13 of 25
156
f . What is the current comprehensive plan designation of the site? [help]
No development is proposed at this time.
83. could allow gambling facilities within areas designated industrial,
manufacturing/industrial center, commercial or mixed use.
85. and 86. Could affect design and side yard setbacks within areas
designated urban separator, single or multiple family residential.
87. Could allowed increased height in areas designated transit oriented
community.
g. If applicable, what is the current shoreline master program designation of the
site? thelpl
No development is proposed at this time. 83., 85., 86., and 70 could change
uses or regulations in commercial, industrial and residential areas of the
city regulated by the shoreline master program.
h. Has any part of the site been classified as a critical area by the city or county?
If so, specify, lhelp]
No development is proposed at this time. There are various critical areas located
throughout the city.
i, Approximately how many people would reside or work in the completed project?
Ihelp]
No development is proposed at this time. 87., which could allow increased
height in the MTC-1 zoning district along SR 99 could support additional
residential units. Changes to density rounding calculations could provide
one additional lot within subdivisions and short subdivisions that are
proposed in the future.
j. Approximately how many people would the completed project displace? lhelp]
Not applicable. No development is proposed at this time.
k, Proposed measures to avoid or reduce displacement impacts, if any: [help]
Not applicable.
SEPA Environmental checklist (WAC L97-L1-96O)
October 2,2Ot7 Page 14 of 25
157
L. Proposed measures to ensure the proposal is compatible with existing and
projected land uses and plans, if any: [help]
No development is proposed at this time. However, production of additional
housing units is supported by the Growth Management Act and Kent's
Comprehensive Plan.
85. Residential design review would support good design in additional
resid e ntia I d eve I o p me nt.
87. Increased height in the MTC-1 zoning district along SR 99 could occur, but
it does not change the reduced height already in place for projects located
in proximity to residential districts. Additionally, Midway Design Guidelines
establish transitional and edge guidelines to provide integration into
su rrou ndi ng development.
70. Density rounding calculations may support one additional housing unit in
subdivisions or short subdivisions but is not expected to create substantial
impacts to any surrounding uses. In fact, providing additional housing
capacity is supported by many goals and policies in the comprehensive
plan.
83. Careful consideration should be given to allowing casinos in industrial
area+ especially in the heavier industrial zoning districts (e.9., M-2 or M-
3), to ensure compatibility with the purpose of the zoning districts locally
as well as the regional designation for manufacturing/industrial centers
(MICs).
m. Proposed measures to reduce or control impacts to agricultural and forest lands
of long-term commercial significance, if any: [help]
Not applicable
9, Housing Ihelpl
a, Approximately how many units would be provided, if any? Indicate whether
high, middle, or low-income housing. lhelp]
SEPA Environmental checklist (WAC L97-L1-96O)
October 2,20L7 Paqe 15 of 25
158
No development is proposed at this time. However, 86., 87., and 10 could
allow net additional housing units because of decreased side yard setback,
increased height in the MTC-1 zoning district, and density rounding for calculations
to determine the number of lots allowed in subdivisions or short subdivisions.
Production of additional housing units is supported by the Growth Management Act
and Kent's Comprehensive Plan.
b. Approximately how many units, if any, would be eliminated? Indicate whether
high, middle, or low-income housing. thelpl
Not applicable. No development is proposed at this time.
Proposed measures to reduce or control housing impacts, if any: l-helplc
Midway Design Guidelines can help offset increased height in the MTC-1 zoning
district along SR 99.
10, Aesthetics [help]
a. What is the tallest height of any proposed structure(s), not including antennas;
what is the principal exterior building material(s) proposed? [help]
No development is proposed at this time. However, 87., could allow an
increase of two stories or 70 feet in the MTC-1 zoning district, for a total
height of 65 feet. This increased height still reflects a transition to the 200-
foot height limit allowed in the adjacent MTC-2 Midway Transit Community-
2 or MCR Midway Commercial Residential zoning districts.
b. What views in the immediate vicinity would be altered or obstructed? lhelp]
No development is proposed at this time. However, increased height
limitations in the MTC-1 zoning district could affect existing views and also
create new views. The elevated light rail facility to be operational in 2024
in this area will also alter existing views.
c Proposed measures to reduce or control aesthetic impacts, if any: lhelp]
No development is proposed as part of these amendments. Future
development proposals are subject to design review per KCC 15.09.045.
Midway Design Guidelines would apply.The design review process is intended
SEPA Environmental checklist (WAC 197-11-960)
October 2,2OL7 Page 16 of 25
159
to ensure site and architectural design that creates interesting and high-
quality projects.
11, Light and GIare l-helpl
a. What type of light or glare will the proposal produce? What time of day would it
mainly occur? [help]
No development is proposed at this time. Increased building height in the
MTC-1 zoning district along SR 99 may produce additional lighting.
b. Could light or glare from the finished project be a safety hazard or interfere with
views? [helpl
No development is proposed.
c What existing off-site sources of light or glare may affect your proposal? lhelp]
No development is proposed
d. Proposed measures to reduce or control light and glare impacts, if any: [helpl
No development is proposed. Existing regulations and Midway Design
Guidelines address lighting impacts associated with development that may
occur in the MTC-1 zoning district along SR 99.
12. Recreation Ihelpl
a. What designated and informal recreational opportunities are in the immediate
vicinity? [helpJ
No development is proposed at this time. Parks, open space or other
recreational facilities exrst or are planned throughout the city. For
example, the 2016 Park and Open Space Plan identifies a project to provide
park and recreational opportunities in the Midway area.
b. Would the proposed project displace any existing recreational uses? If so,
describe. IhelpJ
No development is proposed at this time.
SEPA Environmental checklist (WAC 197-11-960)
October 2,2OL7 Page L7 of 25
160
c. Proposed measures to reduce or control impacts on recreation, including
recreation opportunities to be provided by the project or applicant, if any: [help]
No development is proposed at this time. Increased height allowed in the
MTC-1 zoning district may generate additional residents or employees which
increases demand for parks or recreational facilities in the Midway area. The
City is also working with Sound Transit as property surplus becomes available
from the Federal Way Link Extension project fo assess the opportunity for
creati ng pa rk faci I ities.
13. Historic and cultural preservation lhelp]
a. Are there any buildings, structures, or sites, located on or near the site that are
over 45 years old listed in or eligible for listing in national, state, or local
preservation registers ? If so, specifically describe. lhelp]
No development is proposed at this time. Sfafe and local regulations address
impacts on historic properties that may be located throughout the city.
b. Are there any landmarks, features, or other evidence of Indian or historic use or
occupation? This may include human burials or old cemeteries. Are there any
material evidence, artifacts, or areas of cultural importance on or near the site?
Please list any professional studies conducted at the site to identify such
resources. Ihelp]
No development is proposed at this time. State and local regulations
address impacts on historic properties that may be located throughout the
city.
c. Describe the methods used to assess the potential impacts to cultural and
historic resources on or near the project site. Examples include consultation with
tribes and the department of archeology and historic preservation, archaeological
surveys, historic maps, GIS data, etc, [help]
King County Assessor's data via the ¡MAP online GIS application and the State
of Washington WIZAARD database are used to assess whether there was a
potential for cultural or historic resources to be present on properties in the
city. Additionally, the State Department of Archaeology and Historic
Preservation and Muckleshoot Indian Tribe receive Notices of Application.
SEPA Environmental checklist (WAC 197-11-960)
October 2,2OL7 Page 18 of 25
161
d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and
disturbance to resources. Please include plans for the above and any permits that
may be required. [help]
No development is proposed at this time. However, the State Department of
Archaeology and Historic Preservation and Muckleshoot Indian Tribe receive
Notices of Application and can provide comments.
L4. Transportation lhelpl
a. Identify public streets and highways serving the site or affected geographic area
and describe proposed access to the existing street system. Show on site plans,
if any. Ihelp]
Not applicable. No development is proposed at this time.
b. Is the site or affected geographic area currently served by public transit? If so,
generally describe. If not, what is the approximate distance to the nearest
transit stop? [help]
King County Metro and Sound Transit provide services throughout the city.
Sounder trains provide service from Kent's downtown transit center to Seattle and
Tacoma areas. Light rail is anticipated to be operational in the Midway area in
2024. RapidRide "A" Line serves the Midway area along SR 99. Additional
east/west RapidRide service also is anticipated.
c. How many additional parking spaces would the completed project or non-project
proposal have? How many would the project or proposal eliminate? [helpl
No development is proposed at this time. Additional residential or commercial
development resulting from increased height in the MTC-1 zoning district
along SR 99, reduced side yard setbacks in residential zoning districts, or
changes to density rounding calculations would require additional parking
per Kent City Code.
d. Will the proposal require any new or improvements to existing roads, streets,
pedestrian, bicycle or state transportation facilities, not including driveways? If
so, generally describe (indicate whether public or private). lhelol
No development is proposed at this time. Future development may require
new or improved streets or other transportation facilities per Kent City Code.
SEPA Environmental checklist (WAC 197-11-960)
October 2,2OI7 Page 19 of 25
162
e, Will the project or proposal use (or occur in the immediate vicinity of) water,
rail, or air transportation? If so, generally describe. lhelpl
No development is proposed at this time. Commuter rail serves the city via
the downtown transit center. It is anticipated that light rail service will be
operational in 2024 for the Midway area.
f . How many vehicular trips per day would be generated by the completed project
or proposal? If known, indicate when peak volumes would occur and what
percentage of the volume would be trucks (such as commercial and non-
passenger vehicles). What data or transportation models were used to make
these estimates? [help]
No development is proposed at this time. However, the Institute of
Transportation Engineers (ITE) code 473 Casino/Video Lottery Establishment lists
traffic generation at 13.5 PM Peak Hour trips per 1000 square feet ("PMPHT/1000
sf") of building area. This is a higher trip generation rate than traditional
manufacturing uses in which the most intense use generates approximately B
PMPHT/1000 sf. However, this is a lower trip generation rate than some uses that
are permitted outright in certain manufacturing zones (Day Care Center=72.5;
Dri n ki ng Place = 7 1. 34 ; Conven ience Ma rket= 3 7 ; Bread/ Donut/ Bag el Shop =28 ).
Where those uses are allowed either as principally permitted or special permit uses
or in limited amounts, ITE code 473 does not represent a significant impact to the
tra nsportation system.
g. Will the proposal interfere with, affect or be affected by the movement of
agricultural and forest products on roads or streets in the area? If so, generally
dcscribc. lhelpl
Unknown. No development ís proposed at th¡s time.
h. Proposed measures to reduce or control transportation impacts, if any: lhelp]
Increased residential development resulting from changes to height limits in
the MTC-I zoning district could be served by future light rail anticipated to be
operational by 2024. Additionally, impacts to the city's transportation system are
addressed by street improvements, pedestrian connections or traffic impact fees.
15, Public Services l-helpl
SEPA Environmental checklist (WAC 197-11-960)
October 2,2OL7 Page 20 of 25
163
a, Would the project result in an increased need for public services (for example:
fire protection, police protection, public transit, health care, schools, other)? If
so, generally describe. Ihelpl
No development is proposed at this time. Future residential or commercial
development caused by increased height in the MTC-1 zoning district along
SR 99, reduced side yard setbacks or changes to density calculations via
rounding provisions would likely affect the demand for public services,
i nclud i ng fi re protectio n, pol ice protection, pu bl ic tra nsportation,
healthcare, and schools, as well as storm water and sewer infrastructure.
Additionally, casinos may generate increased calls for police services. The
extent to which any future development may impact these services is
dependent upon the proposed development, density and type of housing.
b. Proposed measures to reduce or control direct impacts on public services, if any.
lhelpl
The City of Kent assesses impact fees for fire protection services and schools to
offset the additional costs to the city for new development. Police can work with
casino operators to determine appropriate precautions for and responses to needs
for police services. Drainage systems development charges are assessed to
developers in order to offset the impacts of new development on the city's storm
water and surface water infrastructure. Developers may also be required to pay for
or construct improvements to the city's drainage facilities to mitigate impacts to the
public system.
16. Utilities Ihelp]
a. Circle utilities currently available at the site: lhelp]
electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic
system,
other
No development is proposed at this time. Utilities are generally available to
serve development throughout the city.
b. Describe the utilities that are proposed for the project, the utility providing the
service, and the general construction activities on the site or in the immediate
vicinity which might be needed. lhelp]
No development is proposed at this time.
SEPA Environmental checklist (WAC 197-11-960)
October 2,20L7 Page 21 of 25
164
123
C. Signaturê lhetp]
The above answers are true and complete to the best of my knowledge. I
understand
Signature:
Name of signee Charlpnp Andprcon ATCP
Posltion and Agency/Organization Long Range Plqnning_Manager, CítV of Kent
Date Submitted:09129120t7
"Aml'W to make its decision'
SEPA Environmental checklist (WAC 197-11-960)
October 2,20L7 Page 22 of 25
137165
D. supplemental sheet for nonproject actions Lhetpl
(IT IS NOT NECESSARY to use this sheet for project actions)
Because these questions are very general, it may be helpful to read them in
conjunction with the list of the elements of the environment.
When answering these questions, be aware of the extent the proposal, or the
types of activities likely to result from the proposal, would affect the item at
a greater intensity or at a faster rate than if the proposal were not
implemented. Respond briefly and in general terms.
1. How would the proposal be likely to increase discharge to water; emissions to
air; production, storage, or release of toxic or hazardous substances; or
production of noise?
Minimal increased residential or commercial development resulting from the
code amendments is expected to generate discharges, emissions, releases or noise
typical of residential or commercial development, without significant impacts.
Proposed measures to avoid or reduce such increases are:
Existing regulations should address any impacts from development
2. How would the proposal be likely to affect plants, animals, fish, or marine life?
Increased residential or commercial development resulting from the code
amendments may affect plants and animals. The presence on sites of
WDFW priority habitat and sensitive fish species, as well as the proximity of
nesting and breeding grounds for sensitive birds of prey could result in
adverse impacts du ring construction.
Proposed measures to protect or conserve plants, animals, fish, or marine life
are:
The city's Critical Areas Ordinance ("CAO") and Shoreline Master Program
address impacts to critical and shoreline areas, protect sensitive habitat areas
from being developed, and establish standard buffer widths to prevent impacts
from adjacent land uses.
3. How would the proposal be likely to deplete energy or natural resources?
SEPA Environmental checklist (WAC 197-11-960)
October 2,2OL7 Page 23 of 25
166
Impacts of the amendments may occur through future development allowed
by the amendments, which may be at an increased density compared to
existing land uses. This may lead to an increased use of water, electricity,
and natural gas on the site; however, energy- and water-efficient
development would reduce this effect.
Proposed measures to protect or conserve energy and natural resources are:
Existing codes and ordinances address impacts on energy and natural
resources. The City promotes conservation of energy and natural
resources through educational and recycling programs.
4. How would the proposal be likely to use or affect environmentally sensitive
areas or areas designated (or eligible or under study) for governmental
protection; such as parks, wilderness, wild and scenic rivers, threatened or
endangered species habitat, historic or cultural sites, wetlands, floodplains, or
prime farmlands?
Future development allowed by the amendments may impact city park and
recreational facilities or sifes that contain or are adjacent to wetlands,
endangered species habitat, historic or cultural sites, floodplains or prime
farmlands.
Proposed measures to protect such resources or to avoid or reduce impacts
are:
Existing codes and ordinances address adverse impacts of future
development on streams, wetlands and other critical areas.
5. How would the proposal be likely to affect land and shoreline use, including
whether it would allow or encourage land or shoreline uses incompatible with
existing plans?
Most code amendments are unlikely to allow or encourage land or shoreline
uses incompatible with existing plans.
However, careful consideration should be given to allowing casinos in industrial
area, especially in the heavier industrial zoning districts (e.9., M-2 or M-
3), to ensure compatibility with the purpose of the zoning districts locally
as well as the regional designation for manufacturing/industrial centers
("MICs').
Proposed measures to avoid or reduce shoreline and land use impacts are:
SEPA Environmental checklist (WAC L97-L1-96O)
October 2,2OL7 Page 24 of 25
167
No adverse impacts to shoreline or land use are anticipated from most of these
amendments. Consideration should be given to criteria for allowing casinos in
industrial area, especially in the heavier industrial zoning districts (e.9., M-2
or M-3), to ensure compatibility with the purpose of the zoning districts locally
as well as the regional designation for MICs. These considerations could be
size limitations or allowing them as conditional or accessory uses.
6. How would the proposal be likely to increase demands on transportation or
public services and utilities?
Impacts to demand for transportation, public services, and utilities are
described above in Section B, items 14 through 16.
Proposed measures to reduce or respond to such demand(s) are:
Measures to respond to increased demand for transportation, public services,
and utilities are described above in Section B, items 74 through 16.
7. Identify, if possible, whetherthe proposal may conflict with local, state, or
federal laws or requirements for the protection of the environment.
These proposed amendments generally do not conflict with any local, state, or
federal laws. However, consideration should be given to how casinos are
consistent with the regional and countywide guidance for land uses in the MIC.
Any future development is subject to codes and regulations in effect when a
project is vested.
S:\Perm¡t\Plan\ZONING_OTHER_CODE_AMENDMENTS\2017\ZCA-2017-3 DOCKETED CODE AMDS FROIY 2016\5EPAChecklist_2016_Dockets.docx
SEPA Environmental checklist (WAC 197-f 1-960)
October 2,20L7 Page 25 of 25
168
KENT
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone:253-856
Fax: 253-856
220 Fourth Avenue S.
Kent, WA 98032-5895
5454
6454WasHrNGfoN
ENVIRONMENTAL REVIEW REPORT
Decision Document
2016 Docrereo Cooe Am¡ruouenrs
ENV-2O17 -27, KIVA #RPSW-2L73953
zcA-2oL7-3, KM #RPP6-2 L7 3499
I
Charlene Anderson, AICP Res onsible Official
PROPOSAL
The City of Kent has initiated a non-project environmental review for a
proposal to amend the City of Kent Municipal Code Sections 3.2L, L2.OL,
L2.04, and Title 15 as a result of the 20L6 docket, The docket items being
reviewed are as follows:
81, - Correct grammatical error - Purpose Statement M1 Industrial
Park District.
B2. - Remove critical area definitions in Zoning Code that are applied
through Critical Areas Ordinance.
83. - Allow card rooms, mini-casinos and not-for-profit gaming/
gambling facilities in the city.
85, - Apply residential design review to all newly-constructed or
reconstructed residences.
86. - Apply the same side yard setbacks (five- or eight-foot) to new
single family residential development.
87. - Allow increased height limitation in Midway Transit Community-1
zoning district.
10. - Amend density rounding calculations,
11. - Amend public notice process and alteration requirements for
subdivisions and short plats.
BL, 82 and 11 are administrative or procedural in nature. Docket
Items 84 pertaining to dumpster requirements for multifamily
developments, 88 pertaining to medical or recreational marijuana, and
89 pertaining to multifamily tax exemptions are not being pursued at
this time.
169
Decision Document
2016 Docketed Code Amendments
zcA-20t7 -3 / RPP6-2173899
ENV-20 17-27 / RPSA-2I7 3953
II BACKGROU N D IN FORMATION
Compliance with Kent's Comprehensive Plan (Ordinance 4L63), the
Washington State Growth Management Act (GMA), The Local Project Review
Act (ESHB L724 and ESB 6094), Kent's Construction Standards (Ordinance
3944) and Concurrency Management (Chapter LZ.LI, Kent City Code) will
require concurrent improvements or the execution of binding agreements by
the Applicant/Owner with Kent to mitigate identified environmental impacts.
These improvements and/or agreements may include improvements to
roadways, intersections and intersection traffic signals, stormwater detention,
treatment and conveyance, utilities, sanitary sewerage and domestic water
systems. Compliance with Kent's Construction Standards may require the
deeding/dedication of right-of-way for identified improvements. Compliance
with Title 11.03 and 11.06 of the Kent City Code may require the conveyance
of Sensitive Area Tracts to the City of Kent in order to preserve trees, regulate
the location and density of development based upon known physical
constraints such as steep and/or unstable slopes or proximity to lakes, or to
maintain or enhance water quality, Compliance with the provisions of Chapter
6.L2 of the Kent City Code may require provisions for mass transit adjacent to
the site,
In addition to the above, Kent follows revisions to the Washington State
Environmental Policy Act, Chapter L97-Ll WAC (effective November 10,
L997), which implements ESHB L724 and ESB 6094, and rules which took
effect on May 10, 2OL4 in response to 2ESSB 6406 passed by the State
Legislature in 20L2.
III. ENVIRONMENTAL ELEMENTS
A Earth
Individual development projects will be subject to the City of Kent
standards for erosion and sedimentation controls. Specific
environmental impacts and appropriate mitigation measures will be
determined at the time of individual development permit review.
Air
The proposal is a non-project action. Specific environmental impacts and
appropriate mitigation measures will be assessed at the time of
application for development permits.
Water
The proposal is city-wide, which includes areas that abut the Green
River, Mill Creek, several lakes, and various drainage basins and
wetlands. All lands within the Green River Natural Resources Area pond,
within 200 feet of the ordinary high water mark of Panther Lake, Lake
Meridian, Lake Fenwick, the Green River, and impacted by associated
wetlands, are within Shoreline Master Program jurisdiction. If individual
development proposals impact wetlands or streams, mitigation will be
B
c
Page 2 of 5
170
Decision Document
2016 Docketed Code Amendments
zcA-2ol7 -3 / RPP6-2L7 3899
ENV-20 17-27 / RPSA-2 173953
required in accordance with the City's Critical Areas regulations
conta¡ned in Kent City Code Section 11.06.
Construction activities are regulated by the adopted codes of the City of
Kent. Impacts to associated waterways and wetland areas will be
analyzed and mitigated at the time of development permit review.
Plants and Animals
The code amendments are non-project actions. The Green River is
considered critical habitat for a number of threatened and migratory
species. Specific environmental impacts and appropriate mitigation
measures related to plants and animals will be determined at the time of
individual development permit review.
Energy and Natural Resources
This proposal is not anticipated to have a significant adverse effect on
energy and natural resources.
Aesthetics, Noise, Light and GIare
The code amendments are non-project actions. Increasing height in the
MTC-1 zoning district along SR 99 may impact views but also create new
views. Midway design guidelines are intended to ensure site and
architectural design that creates interesting and high-quality projects.
Specific impacts and appropriate mitigation measures will be determined
at the time of individual development permit review.
Land and Shoreline Use
Adoption of the code amendments is a non-project action that is not
anticipated to have significant adverse environmental impacts, The code
amendments apply to various zoning districts throughout the city.
Shoreline jurisdiction applies to the Green River Natural Resources Area,
properties within 200 feet of the Ordinary High Water Mark of the Green
River, Lake Fenwick, Panther Lake, and Lake Meridian, and within any
wetlands associated with these waterbodies.
Consideration is given to allowing casinos in industrial areas, specifically
in Kent's manufacturing/industrial center, to ensure consistency with
regional and local policies. Net residential density may be increased as
a result of code amendments for smaller side yard setbacks, increased
height or density rounding provisions. Applying residential design
review to new residential development may improve the aesthetics of
the city's housing stock. Increasing housing opportunities in the city is
in line with the goals of the Growth Management Act, regional and local
comprehensive plans. Specific impacts and appropriate mitigation
measures will be determined at the time of individual development
permit review.
D
E
F
G
Page 3 of 5
171
Decision Document
2016 Docketed Code Amendments
zcA-20r7 -3 / RPP6-2773899
ENV-2017-27 / RPSA-2173953
Housing
Adoption of the code amendments is not anticipated to have a
significant adverse effect on housing,
Recreation
While there are many parks and recreation facilities in the City of Kent,
significant adverse impacts to recreation are not anticipated from these
code amendments. The 20t6 Park and Open Space Plan identifies
projects to provide park and recreational opportunities in the city,
including in the Midway area.
Historic and Cultural Preservation
Although this is a nonproject action, if archeological materials are
discovered during work for any project action, the applicant must stop
work and notify the State Department of Archaeology and Historical
Preservation.
Transportation
Individual development projects are required to pay a transportation
impact fee and may be required to construct streetscape improvements.
Public Services
Although adoption of the code amendments is a non-project action,
public services may be affected by ensuing development of additional
residential or commercial uses, including any increased calls for services
from casinos. The extent to which any future development may impact
these services is dependent upon an individual development proposal
and would be reviewed with any development permit review.
Utilities
Adoption of the code amendments is not anticipated to have significant
impacts on utilities.
IV. SUMMARY AND RECOMMENDATION
A It is appropriate per WAC L97-L1-660 and RCW 43.2LC.060 that the
City of Kent establish conditions to mitigate any identified impacts
associated with this proposal. Supporting documents for the following
conditions and mitigating measures include:
City of Kent Comprehensive Plan as prepared and adopted
pursuant to the State Growth Management Act;
The Shoreline Management Act (RCW 90.58) and the Kent
Shoreline Master Program;
Kent City Code Section 7.O7 Surface Water and Drainage Code;
H
I
J
K
L.
M
1
2
3
Page 4 of 5
172
Decision Document
2016 Docketed Code Amendments
zcA-20r7 -3 / RPP6-2L7 3899
ENV-20 17-27 / RPSA-27739534. City of Kent Transportation Master Plan, Green River Valley
Transportation Action Plan and current Six-Year Transportat¡on
Improvement Plan;
5. Kent City Code Section 7.09 Wastewater Facilities Master Plan;
6, City of Kent Comprehensive Water Plan and Conservation
Element;
7. Kent City Code Section 6.02 Required Infrastructure
Improvements;
8, Kent City Code Section 6.07 Street Use Permits;
9. Kent City Code Section L4.Og Flood Hazard Regulations;10. Kent City Code Section L2.04 Subdivisions, Binding Site Plans,
and Lot Line Adjustments;
11. Kent City Code Section L2.05 Mobile Home Parks and L2.06
Recreation Vehicle Park;
L2. Kent City Code Section 8.05 Noise Control;
13, City of Kent International Building and Fire Codes;
L4. Kent City Code Title 15, Zoning;
15. Kent City Code Section 7.L3 Water Shortage Emergency
Regulations and Water Conservation Ordinance 2227;
16. Kent City Code Sections 6.03 Improvement Plan Approval and
Inspection Fees;
L7. Kent City Code Section 7.05 Storm and Surface Water Utility;18. City of Kent Comprehensive Sewer Plan;
19. City of Kent Fire Master Plan; and
20. Kent City Code Chapter 11.06, Critical Areas.
It is recommended that a Determination of Nonsignificance (DNS) be
issued for this non-project action.
KENT PLANNING SERVICES
October 6,20L7
CA\Ct\S;\perm¡t\PIan\ZONING-OTHER CODE-AMENDMENTS\2017\ZCA-2017-3 DOCKETED CODE AMDS FROM 2016\zCA-2017-3-ENv-Decis¡on.doc
B
Page 5 of 5
173
KENTJINGTO- CITY OF KENT
DETERMINATION OF NONSIG NIFICANCE
Environmental checklist No. #ENV-2017-27 / #RPSW-zt73953
zcA-zoL7-3 / #RPP6-2173899
Project: 2OL6 Docketed Code Amendments
Description: The City of Kent has initiated a non-project environmental review for
amendments to its municipal code sections 3.2I, L2.Ot, L2.O4 and Title 15 as a result of the
20L6 docket. Docketed items are as follows:
81. - Correct grammatical error - Purpose Statement M1 Industrial Park District.
B2. - Remove critical area definitions in Zoning Code that are applied through
Critical Areas Ordinance.
83. - Allow card rooms, mini-casinos and not-for-profit gaming/gambling facilities.
85. - Apply residential design review to all newly-constructed or reconstructed
residences.
86. - Apply the same side yard setbacks (five- or eight-foot) to new single family
residential development.
87. - Allow increased height limitation in MidwayTransit Community-1 zoning
district.
10, - Amend density rounding calculations.
11. - Amend public notice process and alteration requirements for subdivisions and
short plats.
Applicant: Charlene Anderson, AICP, Long Range Planning Manager
City of Kent Planning Services
Lead Agency Cnv or Krrur
The lead agency for this proposal has determined that it does not have a probable significant
adverse impact on the environment. An environmental impact statement (EIS) is not required
under RCW 43.21C.030(2)(c). This decision was made after review of a completed
environmental checklist and other information on file with the lead agency, This information is
available to the public on request.
There is no comment period for this DNS.
X This DNS is issued under L97-LL-34O(2). The lead agencywill notacton this proposal
for L4 days from the date of this decision; this constitutes a L4-day comment period.
Comments must be submitted by 4:3O p.ñ., October zOt 2OL7. This DNS is subject to
appeal pursuant to Kent City Code section 11.03.520.
108174
Determination of Nons¡gnificance
2016 Docketed Code Amendments
# ENV -20 L7 -27 / # RPSW -21 73953
#zcx-20r7 -3 / #RPP6-2L73899
Responsible Official
Position/Title
Charlene Anderson
Lono Ranoe Plannino Manaoer/ SEPA OFFICIAL
Address 220 Fourth Avenue South, Kent, WA 98032 Telephone: (253'1 856-5431
Dated October 6, 2017 Signature
APPEAL PROCESS: AN APPEAL OF A DETERMINATION OF NONSIGNIFICANCE (DNS) MUST BE
MADE TO THE KENT HEARING EXAMINER WITHIN FOURTEEN (14) DAYS FOLLOWING THE
END OF THE COMMENT PERIOD PER KENT CITY CODE 11.03.520.
CONDITIONS/MITIGATING MEASURES: NONE
CA\ct\ S: \Permit\Plan\ZONING_OTH ER_CODE_AMENDM ENTS\201 7\ZC A-2Ot7 -3 DOCKETED CODE AMDS FROM 2016\2CA-2017-3_ENV_Determi nation.doc
2of2
109175
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: November 6, 2017
TO: Chair Bill Boyce and Economic Development Committee Members
FROM: Danielle Butsick, Long-Range Planner/GIS Coordinator
RE: Community Health Engagement Locations (CHELs)
For Meeting of November 13, 2017
SUMMARY: On August 15, 2017 the Kent City Council passed a 6-month moratorium prohibiting
community health engagement locations (CHELs) in all zoning districts in the city. Staff
presented to the Land Use and Planning Board (“LUPB”) two alternatives for permanent code
amendments regarding community health engagement locations. Alternative A would allow
CHELs as a conditional use in the CM-1 Commercial Manufacturing-1 zoning district. Alternative
B would prohibit CHELs in all zoning districts. After holding a public hearing on October 23rd, the
LUPB recommended Alternative B.
BACKGROUND: In September 2016, the Heroin and Opioid Addiction Task Force convened by
King County and Seattle recommended a comprehensive strategy focusing on prevention and
increasing access to addiction treatment on demand. In January 2017, the King County
Executive and Seattle Mayor announced they would move forward on the complete set of
recommendations including the establishment of facilities referred to as community health
engagement locations (CHELs, or safe injection sites). In June 2017, the King County Council
voted to limit establishment of CHELs only to cities whose elected leaders choose to locate these
facilities in their communities.
Kent City Council adopted a 6-month moratorium in August 2017, temporarily prohibiting
location of community health engagement locations or similar facilities in all zoning districts in
Kent. Planning staff developed two alternatives for permanent code amendments. Alternative A
would adopt code amendments defining community health engagement locations and
establishing land use regulations allowing them as a conditional use in the CM-1 zoning district.
Alternative B would permanently adopt code language established with the 6-month
moratorium, which prohibits the location of community health engagement locations in all zoning
districts.
Staff recommends Alternative B for the following reasons:
1) The City of Kent has an obligation to follow state and federal laws, which prohibit
the possession and provision of space for the illicit consumption of drugs.
International cities operating safe injection facilities, including in Canada and
Australia, do so under explicit formal agreements at the state or federal level. No
such agreements exist in the United States or in Washington State.
MOTION: Recommend to the City Council approval/denial/modification of the Land
Use and Planning Board’s recommendation to prohibit Community Health
Engagement Locations (CHELs) in all zoning districts in Kent.
176
2
2) Based on staff analysis of characteristics of currently operating safe injection
facilities and guidance developed by the King County task force for implementation
of CHELs, Kent does not meet the criteria to successfully host a community health
engagement facility. Kent’s population is much smaller than the typical city with
safe injection facilities, most of which have populations in the millions.
One of the three criteria for siting of CHELs suggested by the King County CHEL
Design Team is a concentration of public drug use or drug overdose. Police report
data indicate that although Kent certainly sees evidence of the opiate crisis, Kent
lacks a high concentration of public drug use and drug-related deaths. Kent had
125 drug-related incidents in a 3-month period, in contrast to Seattle’s 1,999. In
2010-2014 there were 13 drug-related deaths per year in Kent; Seattle had 105
per year.
The InSite safe injection facility in Vancouver, B.C., on which U.S. and Canadian
cost-effectiveness studies (included in reference documents) are based, sees over
500 visits per day. To achieve a similar throughput, a facility in Kent would have to
import illegal drug users from other cities.
3) There are ways to resolve some of the negative impacts through “good faith”
neighborhood agreements and conditional use permitting. Nevertheless, remaining
risks to surrounding communities in Kent are very real. Users of CHELs must
supply their own drugs, and illegal drugs must inherently be obtained illegally. This
means CHELs support and rely on the illegal drug market. Users who are turned
away due to closed hours or long waits will still find places to use drugs. These
places could ultimately be Kent’s businesses and public spaces.
The LUPB held a public hearing on October 23. During a pro-con forum, members of the public
presented evidence in support of and against community health engagement locations in Kent.
Materials provided by speakers are included in the packet. The LUPB recommended approval of
the staff recommendation, adding a statement in support of the city taking proactive action of
some kind related to opiate addiction.
Staff will be available at the November 13 meeting to present information and answer questions.
EXHIBITS: Draft ordinances for each of two code amendment alternatives; Signed SEPA
checklist; Signed SEPA DNS; List of Resources Referenced by Staff; List of Resources
Submitted by D. Mitchell; PowerPoint presentations submitted by D. Mitchell; List of
Resources Submitted by P. Sully; Staff PowerPoint presentation
BUDGET IMPACTS: None
CC: Ben Wolters, Economic & Community Development Director
Charlene Anderson, Long Range Planning Manager
177
1 Adopt KCC 15.08.550 -
Re: Prohibiting Safe Injection Sites
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, permanently adopting
section 15.08.550 of the Kent City Code,
prohibiting in all zoning districts the establishment
of community health engagement locations, safe
injection sites, and other uses or activities designed
to provide a location for individuals to consume
illicit drugs.
RECITALS
A. Heroin and opioid use are at crisis levels in King County. In
2015, 229 individuals died from heroin and prescription opioid overdose in
King County.
B. In September 2016, the Heroin and Opioid Addiction Task
Force convened by King County and Seattle recommended a
comprehensive strategy focusing on prevention and increasing access to
addiction treatment on demand.
C. In January 2017, the King County Executive and Seattle
Mayor announced they would move forward on the complete set of
recommendations including the establishment of facilities referred to as
community health engagement locations (also known as safe injection
sites or safe consumption sites).
178
2 Adopt KCC 15.08.550 -
Re: Prohibiting Safe Injection Sites
D. In addition to providing a hygienic space for consumption of
illicit drugs, Community Health Engagement Locations provide drug users
with access to healthcare, addiction treatment options, and other
community health services.
E. The City of Kent recognizes that research exists that
evaluates the efficacy of community health engagement locations
throughout the world in countries including Germany, Switzerland, the
Netherlands, and Spain; findings suggest that community health
engagement locations may contribute to a reduction in overdose deaths,
reduced HIV risk behavior, reduction in injection-related litter and public
injecting, and increased uptake of treatment services. However, under
state and federal law it remains illegal to possess controlled substances
without a prescription or to operate a place intended for the illicit use of
controlled substances.
F. Community health engagement locations or similar sites
inherently attract criminal activity as the drugs consumed at those sites
are themselves illegal, and locating sites in the City of Kent may attract
additional criminal activity such as drug trafficking, burglary, and theft.
G. In June 2017, the King County Council voted to limit
establishment of community health engagement locations (safe injection
sites) only to cities whose elected leaders choose to locate these facilities
in their communities.
H. On August 15, 2017, Kent City Council adopted a 6-month
land use moratorium and interim official control prohibiting community
health engagement locations, safe injection sites, and other uses or
activities designed to provide a location for individuals to consume illicit
drugs.
179
3 Adopt KCC 15.08.550 -
Re: Prohibiting Safe Injection Sites
I. In response to this rapidly evolving policy issue, the Kent City
Council will continue to prohibit uses and activities in the City of Kent that
are established and designed to provide a location for individuals to
engage in illegal acts.
J. The City Council adopts the foregoing as findings of fact
establishing the need to permanently prohibit community health
engagement locations in the City of Kent in order to protect the public
health, safety, and welfare of its residents.
K. On September 5, 2017, Kent City Council held a public
hearing to hear comments from the public regarding the 6-month
moratorium prohibiting Community Health Engagement Locations in all
zoning districts, and more generally on the location of Community Health
Engagement Locations in Kent.
L. On September XX, 2017, the city requested expedited review
from the State of Washington under RCW 36.70A.106 for the city’s
proposed amendments to KCC. The expedited review was granted on
XXXX, 2017.
M. On September XXX, 2017, the city’s SEPA responsible official
issued XXXX.
N. The land use and planning board held a workshop to discuss
these code amendments on September 25, 2017. After appropriate public
notice, the board held a public hearing on XXXX, 2017 to consider the
proposed code amendments and forwarded their recommendation to the
city council.
180
4 Adopt KCC 15.08.550 -
Re: Prohibiting Safe Injection Sites
O. On XXXX, 2017, the economic and community development
committee considered the recommendation of the board and made a
recommendation to the full city council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – New Section. Chapter 15.08 of the Kent City Code,
entitled “General and Supplementary Provisions”, is hereby permanently
amended to add a new section 15.08.550, entitled “Use prohibited in all
zoning districts,” to read as follows:
Section 15.08.550 Use prohibited in all zoning districts.
Community Health Engagement Locations (CHELs) designed to provide a
hygienic environment where individuals are able to consume illegal or illicit
drugs intravenously or by any other means are prohibited in all zoning
districts in the city. A CHEL includes all uses established or activities
undertaken for the above-defined purpose, irrespective of how the use or
activity is described. A CHEL may also be referred to as a medically
supervised injection center, supervised injection site or facility, safe
injection site, fix room, or drug consumption facility.
SECTION 2. – 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 3. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
181
5 Adopt KCC 15.08.550 -
Re: Prohibiting Safe Injection Sites
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 4. – Effective Date. This ordinance shall take effect and
be in force thirty 30 days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR Date Approved
ATTEST:
KIMBERLY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
182
1 Amend KCC 15.02, 15.04 -
Re: Community Health Engagement
Locations Development Conditions
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapters
15.02 and 15.04 of the Kent City Code, to define
“Community Health Engagement Locations
(CHELs)” and adopt appropriate land use controls
to regulate them.
RECITALS
A. Heroin and opioid use are at crisis levels in King County. In
2015, 229 individuals died from heroin and prescription opioid overdose in
King County.
B. In September 2016, the Heroin and Opioid Addiction Task
Force convened by King County and Seattle recommended a
comprehensive strategy focusing on prevention and increasing access to
addiction treatment on demand.
C. In January 2017, the King County Executive and Seattle
Mayor announced they would move forward on the complete set of
recommendations including the establishment of facilities referred to as
Community Health Engagement Locations (also known as safe injection sites
or safe consumption sites).
183
2 Amend KCC 15.02, 15.04 -
Re: Community Health Engagement
Locations Development Conditions
D. On August 15, 2017, Kent City Council adopted a 6-month
land use moratorium and interim official control prohibiting community
health engagement locations, safe injection sites, and other uses or activities
designed to provide a location for individuals to consume illicit drugs.
E. In addition to providing a hygienic space for consumption of
illicit drugs, Community Health Engagement Locations provide drug users
with access to healthcare, addiction treatment options, and other community
health services.
F. As of March 2017, approximately 100 Community Health
Engagement Locations operate in over 65 cities in 10 different countries
around the world. They operate under various names including supervised
consumption services, drug consumption rooms, and safer injection facilities.
G. Community Health Engagement Locations are an important
part of the comprehensive strategy provided by the Opioid Addiction Task
Force. They are intended to maintain a continuum of care and help meet the
goals of User Health Services and Overdose Prevention when Primary
Prevention efforts fail and the drug user is not yet ready to seek treatment.
H. The City of Kent recognizes that research exists that
evaluates the efficacy of community health engagement locations throughout
the world in countries including Germany, Switzerland, the Netherlands, and
Spain; findings suggest that community health engagement locations may
contribute to a reduction in overdose deaths, reduced HIV risk behavior,
reduction in injection-related litter and public injecting, and increased uptake
of treatment services. However, under state and federal law it remains illegal
to possess controlled substances without a prescription or to operate a place
intended for the illicit use of controlled substances.
184
3 Amend KCC 15.02, 15.04 -
Re: Community Health Engagement
Locations Development Conditions
I. Community Health Engagement Locations are endorsed by
the American Medical Association, The American Public Health Association,
AIDS United, International Drug Policy Consortium, and other medical and
public health organizations in the United States.
J. In June 2017, the King County Council voted to limit
establishment of Community Health Engagement Locations only to cities
whose elected leaders choose to locate these facilities in their communities.
K. The Kent City Council declares and finds that it is appropriate
and necessary, and in the interest of the public health, safety and welfare, to
define and classify Community Health Engagement Locations and adopt land
use controls to regulate these facilities.
K. On September 5, 2017, Kent City Council held a public
hearing to hear comments from the public regarding the 6-month
moratorium prohibiting Community Health Engagement Locations in all
zoning districts, and more generally on the location of Community Health
Engagement Locations in Kent.
L. On September XX, 2017, the city requested expedited review
from the State of Washington under RCW 36.70A.106 for the city’s
proposed amendments to KCC. T he expedited review was granted on
XXXX, 2017.
M. On September XXX, 2017, the city’s SEPA responsible official
issued XXXX.
185
4 Amend KCC 15.02, 15.04 -
Re: Community Health Engagement
Locations Development Conditions
N. The land use and planning board held a workshop to discuss
these code amendments on September 25, 2017. After appropriate public
notice, the board held a public hearing on XXXX, 2017 to consider the
proposed code amendments and forwarded their recommendation to the
city council.
O. On XXXX, 2017, the economic and community development
committee considered the recommendation of the board and made a
recommendation to the full city council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – New Section. Chapter 15.02 of the Kent City Code,
entitled “Definitions,” is hereby amended to add a new section
15.02.085.1, entitled “Community Health Engagement Location,” to read
as follows:
Sec. 15.02.085.1. Community Health Engagement Location.
Community Health Engagement Location means a location designed to
provide a hygienic environment where individuals are able to consume
illegal or illicit drugs intravenously or by any other means. A CHEL includes
all uses established or activities undertaken for the above-defined purpose,
irrespective of how the use or activity is described. A CHEL may also be
referred to as a medically supervised injection center, supervised injection
site or facility, safe injection site, fix room, or drug consumption facility.
186
5 Amend KCC 15.02, 15.04 -
Re: Community Health Engagement
Locations Development Conditions
SECTION 2. – Amendment. Chapter 15.04.090 of the Kent City
Code, entitled “Service land uses,” is hereby amended to read as follows:
Sec. 15.04.090 Service 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
-1
CM
-2
GC
M1
M1
-C
M2
M3
Finance,
insurance
, real
estate
services
P
(2
2)
P P
(1
)
(1
2)
P P P P P P P P P
(2
)
Personal
services:
laundry,
dry
cleaning,
barber,
salons,
shoe
repair,
launderet
tes
P
(2
2)
P P
(1
2)
P P P P P P P
(1
0)
P
(1
0)
P
(2
)
(1
0)
Mortuarie
s
P
(1
2)
P P P
Home
day-care
P P P P P P P P P P P P P P P P P P P P P P P P P P P P
Day-care
center
C C C C C C C P P P P P P P P P P P P P P P P P P P P P
Business
services,
duplicatin
g and
blue
printing,
travel
agencies,
and
employm
ent
agencies
P
(1
2)
P P P P P P P P P
(2
)
Building
maintena
nce and
pest
P P P P P P P
(2
)
187
6 Amend KCC 15.02, 15.04 -
Re: Community Health Engagement
Locations Development Conditions
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
-1
CM
-2
GC
M1
M1
-C
M2
M3
control
Outdoor
storage
(including
truck,
heavy
equipmen
t, and
contracto
r storage
yards as
allowed
by
developm
ent
standards
, KCC
15.04.19
0 and
15.04.19
5)
P P A A A A
C
(9
)
P
Rental
and
leasing
services
for cars,
trucks,
trailers,
furniture,
and tools
P P P P P P P
(2
)
Auto
repair
and
washing
services
(including
body
work)
C P P P P P P P
(2
1)
(2
3)
Repair
services:
watch,
TV,
electrical,
electronic
,
upholster
y
P P
(1
2)
P P P P P P P
(2
)
Professio
nal
services:
medical,
clinics,
and other
health
care-
related
P
(2
0)
P P P P P P P P P P
(2
)
188
7 Amend KCC 15.02, 15.04 -
Re: Community Health Engagement
Locations Development Conditions
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
-1
CM
-2
GC
M1
M1
-C
M2
M3
services
Opiate
substituti
on
treatment
facility
C
(3
)
Communi
ty Health
Engagem
ent
Location
C(
3)
Heavy
equipmen
t and
truck
repair
P P P C
(9
)
P
Contract
constructi
on
service
offices:
building
constructi
on,
plumbing,
paving,
and
landscapi
ng
P
(1
6)
P P P
(1
6)
P
(1
7)
P
(1
7)
P
(2
)
(1
7)
P
Education
al
services:
vocationa
l, trade,
art,
music,
dancing,
barber,
and
beauty
P P P P P P P P P
(2
)
Churches
S
(
4
)
S
(4
)
S
(4
)
S
(4
)
S
(4
)
S
(4
)
S
(
4
)
S
(
4
)
S
(
4
)
S
(
4
)
S
(
4
)
S
(4
)
S
(4
)
S
(4
)
S
(4
)
S
(4
)
S
(4
)
S
(4
)
S
(4
)
S
(4
)
S
(4
)
S
(4
)
S
(4
)
Administr
ative and
professio
nal offices
– general
P P
(1
2)
P P P P C P P P P P
(2
)
Municipal
uses and
buildings
P
(1
3)
P
(1
3)
P P
(1
3)
P
(1
3)
P
(1
3)
P
(1
3)
P
(1
3)
P
(1
3)
P
(1
3)
P
(1
3)
P
(2
)
(1
P
(1
3)
189
8 Amend KCC 15.02, 15.04 -
Re: Community Health Engagement
Locations Development Conditions
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
-1
CM
-2
GC
M1
M1
-C
M2
M3
3)
Research,
developm
ent, and
testing
P C P P P P P P
(2
)
P
(1
4)
Accessory
uses and
structures
customari
ly
appurten
ant to a
permitted
use
A A A
(7
)
(2
4)
A
(2
4)
A
(2
4)
A
(2
4)
A
(2
4)
A A A A A A A
(1
8)
A
(1
8)
A
(1
9)
A
(1
9)
A
(1
9)
A
(1
9)
A
(1
9)
A
(1
8)
A
(1
8)
A
(1
8)
A A A A
Boarding
kennels
and
breeding
establish
ments
C C C
Veterinar
y clinics
and
veterinar
y
hospitals
C P
(8
)
P
(8
)
P
(8
)
P
(8
)
P
(8
)
Administr
ative or
executive
offices
which are
part of a
predomin
ant
industrial
operation
P P P P P
Offices
incidental
and
necessary
to the
conduct
of a
principall
y
permitted
use
A A A A A
190
9 Amend KCC 15.02, 15.04 -
Re: Community Health Engagement
Locations Development Conditions
SECTION 3. – Amendment. Section 15.04.100 of the Kent City
Code, entitled “Service land use development conditions,” is hereby
amended to read as follows:
Sec. 15.04.100 Service land use development conditions.
1. Banks and financial institutions (excluding drive-through).
2. Uses shall be limited to 25 percent of the gross floor area of any
single- or multi-building development. Retail and service uses which
exceed the 25 percent limit on an individual or cumulative basis shall be
subject to review individually through the conditional use permit process. A
conditional use permit shall be required on an individual tenant or business
basis and shall be granted only when it is demonstrated that the operating
characteristics of the use will not adversely impact onsite or offsite
conditions on either an individual or cumulative basis.
3. Opiate substitution treatment facilities or community health
engagement locations are permitted only with a conditional use permit,
and must provide indoor waiting areas of at least 15 percent of the total
floor area. In addition to the general requirements of KCC 15.08.030, all
applications shall contain and be appr oved by the city based on the
following information:
a. A detailed written description of the proposed and potential
services to be provided, the source or sources of funding, and identification
of any applicable public regulatory agencies;
b. A written statement of need, in statistical or narrative form,
for the proposed project currently and over the following ten-year period;
191
10 Amend KCC 15.02, 15.04 -
Re: Community Health Engagement
Locations Development Conditions
c. An inventory of known, existing or proposed facilities, by
name and address, within King County, or within the region, serving the
same or similar needs as the proposed facility;
d. An explanation of the need and suitability for the proposed
facility at the proposed location;
e. An analysis of the proposed facility’s consistency with the City
of Kent Comprehensive Plan and development regulations, and plans and
policies of other affected jurisdictions, including but not limited to the King
County Countywide Planning Policies;
f. Documentation of public involvement efforts to date, including
public and agency comments received, and plans for future public
participation; and
g. A proposed “good faith” agreement for neighborhood
partnership. This agreement shall state the goals of the partnership and
address loitering prevention steps the facility owner/operator will take as
well as frequency of planned maintenance and upkeep of the exterior of
the facility (including, but not limited to, trash and litter removal,
landscape maintenance, and graffiti). The agreement shall serve as the
basis for a partnership between the City, facility, and local businesses, and
will outline steps partners will take to resolve concerns.
No opiate substitution treatment facility or community health engagement
location may be located within 500 feet of an existing opiate substitution
treatment facility or community health engagement location.
192
11 Amend KCC 15.02, 15.04 -
Re: Community Health Engagement
Locations Development Conditions
4. Special uses must conform to the development standards listed in
KCC 15.08.020.
5. [Reserved].
6. [Reserved].
7. 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.
8. Veterinary clinics and animal hospitals when located no closer than
150 feet to any residential use, provided the animals are housed indoors,
with no outside runs, and the building is soundproofed. Soundproofing
must be designed by competent acoustical engineers.
9. Those uses that are principally permitted in the M3 zone may be
permitted in the M2 zone via a conditional use permit.
10. Personal services uses limited to linen supply and industrial laundry
services, diaper services, rug cleaning and repair services, photographic
services, beauty and barber services, and fur repair and storage services.
11. [Reserved].
12. The ground level or street level portion of all buildings in the
pedestrian overlay of the DC district, set forth in the map below, must be
pedestrian-oriented. Pedestrian-oriented development shall have the main
ground floor entry located adjacent to a public street and be physically and
193
12 Amend KCC 15.02, 15.04 -
Re: Community Health Engagement
Locations Development Conditions
visually accessible by pedestrians from the sidewalk, and may include the
following uses:
a. Retail establishments, including but not limited to
convenience goods, department and variety stores, specialty shops such as
apparel and accessories, gift shops, toy shops, cards and paper goods,
home and home accessory shops, florists, antique shops, and book shops;
b. Personal services, including but not limited to barber shops,
beauty salons, and dry cleaning;
c. Repair services, including but not limited to television, radio,
computer, jewelry, and shoe repair;
d. Food-related shops, including but not limited to restaurants
(including outdoor seating areas and excluding drive-in restaurants) and
taverns;
e. Copy establishments;
f. Professional services, including but not limited to law offices
and consulting services; and
g. Any other use that is determined by the economic and
community development director to be of the same general character as
the above permitted uses and in accordance with the stated purpose of the
district, pursuant to KCC 15.09.065, Interpretation of uses.
194
13 Amend KCC 15.02, 15.04 -
Re: Community Health Engagement
Locations Development Conditions
13. Except for such uses and buildings subject to KCC 15.04.150.
14. Conducted in conjunction with a principally permitted use.
15. [Reserved].
16. Contract construction services office use does not include contractor
storage yards, which is a separate use listed in KCC 15.04.040.
17. Outside storage or operations yards are permitted only as accessory
uses. Such uses are incidental and subordinate to the principal use of the
property or structure.
18. Includes incidental storage facilities and loading/unloading areas.
195
14 Amend KCC 15.02, 15.04 -
Re: Community Health Engagement
Locations Development Conditions
19. Includes incidental storage facilities, which must be enclosed, and
loading/unloading areas.
20. Shall only apply to medical and dental offices and/or neighborhood
clinics.
21. Auto repair, including body work, and washing services are
permitted only under the following conditions:
a. The property is also used for heavy equipment repair and/or
truck repair; and
b. Gasoline service stations that also offer auto repair and
washing services are not permitted in the M3, general industrial zoning
district.
22. Any associated drive-up/drive-through facility shall be accessory and
shall require a conditional use permit.
23. Auto repair, including body work, and auto washing services shall be
allowed in the general industrial (M3) zoning district as follows:
a. For adaptive reuse of existing site structures, all of the
following conditions must apply:
i. The site is not currently served by a rail spur; and
ii. Existing site structures do not have dock high loading
bay doors, where the finished floor is generally level with the floor of
freight containers; and
196
15 Amend KCC 15.02, 15.04 -
Re: Community Health Engagement
Locations Development Conditions
iii. All ground-level bay doors of existing structures have a
height of less than 14 feet, which would generally impede full access to
freight containers; and
iv. Existing site structures have a clear height from
finished floor to interior roof trusses of less than 20 feet; and
v. Maximum building area per parcel is not greater than
40,000 square feet.
b. For proposed site development, all of the following conditions
must apply:
i. The site is not currently served by a rail spur; and
ii. Based on parcels existing at the time of the effective
date of the ordinance codified in this section, the maximum parcel size is
no greater than 40,000 square feet.
24. 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.
SECTION 4. – 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 5. – 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.
197
16 Amend KCC 15.02, 15.04 -
Re: Community Health Engagement
Locations Development Conditions
SECTION 6. – Effective Date. This ordinance shall take effect and
be in force thirty 30 days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR Date Approved
ATTEST:
KIMBERLY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
198
List of Resources Referenced by Staff:
1. PERSPECTIVES ON DRUGS Drug consumption rooms: an overview of provision
and evidence. European Monitoring Centre for Drugs and Drug Addition, 2017.
http://www.emcdda.europa.eu/topics/pods/drug-consumption-rooms
2. Public Health and Public Order Outcomes Associated with Supervised Drug
Consumption Facilities: a Systematic Review. Kennedy et al., 2017. The Science of
Prevention.
https://www.researchgate.net/profile/Mary_Clare_Kennedy/publication/319492357_Public_
Health_and_Public_Order_Outcomes_Associated_with_Supervised_Drug_Consumption_Facil
ities_a_Systematic_Review/links/59af42e00f7e9bf3c72392ee/Public-Health-and-Public-
Order-Outcomes-Associated-with-Supervised-Drug-Consumption-Facilities-a-Systematic-
Review.pdf
3. Opiate Crisis in King County – Local Law Enforcement Perspective. Presentation
delivered at pre-PIC workshop Sept. 13, 2017, Renton City Hall.
(resource available on request)
4. The Law (and Politics) of Safe Injection Facilities in the United States. Beletsky
et. al., 2008. American Journal of Public Health.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2376869/pdf/0980231.pdf
5. Survey of drug consumption rooms: service delivery and perceived public health
and amenity impact. Kimber et. al, 2005. Drug and Alcohol Review.
6. (King County) Heroin and Prescription Opiate Addiction Task Force Final Report
and Recommendations. September 15, 2016.
https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&
ved=0ahUKEwiNqPvG4OvWAhXlrVQKHRhLABsQFggmMAA&url=http%3A%2F%2Fwww.kingc
ounty.gov%2F~%2Fmedia%2Fdepts%2Fcommunity-human-services%2Fbehavioral-
health%2Fdocuments%2Fherointf%2Ffinal-heroin-opiate-addiction-task-_force-
report.ashx%3Fla%3Den&usg=AOvVaw2wjJ-IvLSjecvpODJxCl6c
7. Community Health Engagement Locations in King County – Recommended
Guidelines for Planning, Implementing, and Operating Supervised Consumption
Sites. King County CHEL Design Team, February, 2017.
https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUK
EwjN4dfW4OvWAhVilVQKHdbuDxkQFggmMAA&url=http%3A%2F%2Fwww.kingcounty.gov%2F~%2Fme
dia%2Fdepts%2Fcommunity-human-services%2Fbehavioral-health%2Fdocuments%2Fherointf%2FCHEL-
Implementation-Guidelines.ashx%3Fla%3Den&usg=AOvVaw1WMQJmh_Y2OpfACzcZqW25
8. Drug consumption room in Europe – Models, best practice and challenges.
European Harm Reduction Network, 2017.
https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&
ved=0ahUKEwiUvZPh4OvWAhXGy1QKHVmKCR8QFggmMAA&url=http%3A%2F%2Fwww.eur
ohrn.eu%2Fimages%2Fstories%2Fpdf%2Fpublications%2Fdcr_europe.pdf&usg=AOvVaw2F
hFVmpMwSukhrTSgPkfCq
9. “Drugs don’t have age limits”: The challenge of setting age restrictions for
supervised injection facilities. Watson et al., 2015. Drugs education, prevention and
policy.
199
https://www.researchgate.net/profile/Tara_Watson/publication/275061430_Drugs_don't_ha
ve_age_limits_The_challenge_of_setting_age_restrictions_for_supervised_injection_facilitie
s/links/58ea27790f7e9b978f83b375/Drugs-dont-have-age-limits-The-challenge-of-setting-
age-restrictions-for-supervised-injection-facilities.pdf
10. InSite User Statistics. June, 2017. http://www.vch.ca/public-health/harm-
reduction/supervised-injection-sites/insite-user-statistics
11. Drug consumption rooms – Evidence and practice. Schatz and Nougler, 2012.
International Drug Policy Consortium.
https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&
ved=0ahUKEwj1zaiX7uvWAhVCjlQKHfkjDh0QFggrMAA&url=http%3A%2F%2Fwww.drugsand
alcohol.ie%2F17898%2F1%2FIDPC-Briefing-Paper_Drug-consumption-
rooms.pdf&usg=AOvVaw2rtaV04GmVJNTQ_mvxlZtI
12. American Medical Association joins growing support for supervised
consumption sites. Public Health Insider webpage, June 15, 2017.
https://publichealthinsider.com/2017/06/15/american-medical-association-joins-growing-
support-for-supervised-consumption-sites/
13. City of Kent Crime Map. https://www.kentwa.gov/residents/public-safety/police-
department/crime-prevention-and-community-education/view-criminal-activity-in-kent
14. Seattle Police Department Police Report Incident. https://data.seattle.gov/Public-
Safety/Seattle-Police-Department-Police-Report-Incident/7ais-f98f/data
15. Editorial: Mobile safe injecting facilities in Barcelona and Berlin. Dietze et al.,
2012. International Journal of Drug Policy. http://www.ijdp.org/article/S0955-
3959(12)00043-6/pdf
16. Mitigating the heroin crisis in Baltimore, MD, USA: a cost-benefit analysis of a
hypothetical supervised injection facility. Irwin et al., 2017. Harm Reduction Journal.
https://harmreductionjournal.biomedcentral.com/articles/10.1186/s12954-017-0153-2
17. A cost-benefit/cost-effectiveness analysis of proposed supervised injection
facilities in Montreal, Canada. Jozaghi et al., 2013. Substance Abuse Treatment,
Prevention, and Policy.
https://static1.squarespace.com/static/596f8b1ca803bb496e345ac8/t/598e33dbf7e0ab103
ab8af82/1502491611738/MONTREAL.pdf
18. A Cost-Benefit Analysis of a Potential Supervised Injection Facility in San
Francisco, California, USA. Irwin et al., 2016. Journal of Drug Issues (Sage Journals).
http://journals.sagepub.com/doi/abs/10.1177/0022042616679829?journalCode=joda
200
List of Resources Submitted By:
Patricia Sully
Staff Attorney
Racial Disparity Project
Public Defender Association
810 Third Ave, Suite 705
Seattle, WA 98104
1. Public Health and Public Order Outcomes Associated with Supervised Drug
Consumption Facilities: a Systematic Review. Kennedy et. al., 2017. The Science of
Prevention. https://link.springer.com/article/10.1007%2Fs11904-017-0363-y
(PDF available on request).
2. “Yes to SCS” website. https://www.yestoscs.org/science/
3. “Community Insite” website. http://www.communityinsite.ca/science.html
4. Inside Insite: How a Localized Social Movement Led the Way for North
America’s First Legal Supervised Injection Site. Donna Harati, 2015. Harvard Law
School, Irving Oberman Memorial Student Writing Prize: Law and Social Change.
https://dash.harvard.edu/bitstream/handle/1/16386592/InSite%20Paper.pdf?sequence=1
5. Baltimore Cost/Benefit Report:
https://harmreductionjournal.biomedcentral.com/articles/10.1186/s12954-017-0153-2
6. Canadian Cost-Benefit Report:
https://static1.squarespace.com/static/596f8b1ca803bb496e345ac8/t/598e33dbf7e0ab103
ab8af82/1502491611738/MONTREAL.pdf
7. San Francisco Cost-Benefit Report:
http://journals.sagepub.com/doi/abs/10.1177/0022042616679829?journalCode=joda
8. Story about AMA endorsement of pilot SIF projects.
http://www.wbur.org/commonhealth/2017/06/16/ama-supervised-injection-facilities-
opioids
9. Letter from health care workers in support of SCSs.
http://www.defender.org/sites/default/files/Health%20Care%20Workers%20for%20SCS%2
0Letter%207-31-17.pdf
201
List of Resources Submitted By:
David Mitchell,
Kent Resident (and COO, Seattle’s Union Gospel Mission)
1. A Critical Evaluation of the Effects of Safe Injection Facilities. Garth Davies,
2007. The Journal of Global Drug Policy and Practice.
http://www.globaldrugpolicy.org/Issues/Vol%201%20Issue%203/A%20Critical%20E
valuation.pdf
2. April 2008; British Columbia Medical Journal (BCMJ) - Supervised injection
sites—a view from law enforcement
British Columbia Medical Journal is a general medical journal providing continuing
medical education with a focus on evidence-based medicine. The BCMJ provides
clinical and review articles written primarily by BC physicians, for BC physicians.
http://www.bcmj.org/premise/supervised-injection-sites%E2%80%94-view-law-
enforcement
Former VPD Police Chief addresses misconception that law enforcement was in favor
of the SIS. He advocates for abstinence-based treatment being first line of defense,
not last, and mentions that several cities in Europe have had SIS that have since
closed and nobody is asking why.
3. 3/19/2016 – Toronto Sun; Dr. Colin Mangham, a researcher and consultant in
drug prevention for 37 years, told the Sun from B.C. last week he was “shocked at
how weak” the research was into the effectiveness of InSite, the safe injection site
set up in 2003 by Vancouver Coastal Health in the city’s Downtown East
Side. Mangham says the 30-35% reported decline in fatal overdoses among those
using InSite was subject to “interpretation bias” — meaning the same people who
created the program did the research on it.
http://www.torontosun.com/2016/03/19/experts-challenge-vancouvers-safe-
injection-stats
4. 9/20/2017 – Berwick Australia News
http://berwicknews.starcommunity.com.au/news/2017-09-20/drug-injecting-room-
opposed/
Proponent Cr Susan Serey said she opposed drug-injecting rooms due to the
importance of “minimizing harm to the community not just the user”. She said the
rooms attracted 85 per cent more crime, without evidence that drug use was
reduced. A police representative thought it would be difficult to penalize drug use if
police were told to keep away from injecting rooms. Neighborhood Watch was
supportive of alternatives other than an injecting room.
5. Huffington Post, 9/18/2013 – Is InSite Really All It’s Cracked Up To Be?
Questions about “peer review” of studies; InSite study published in New England
Journal of Medicine appeared as a “letter to the editor” sandwiched between a letter
about “crush injuries” in earthquakes and another on celiac disease.
http://www.huffingtonpost.ca/mark-hasiuk/insite-vancouver_b_3949237.html
6. Series of articles from the European Monitoring Centre for Drugs and Drug
Addiction (EMCDDA) that was established in 1993. Inaugurated in Lisbon in
1995, it is one of the EU’s decentralized agencies. The EMCDDA exists to provide the
EU and its Member States with an overview of European drug problems.
202
http://www.emcdda.europa.eu/best-practice/answer-sheets/social-reintegration-
drug-treatment_en
http://www.emcdda.europa.eu/best-practice/answer-sheets/treatment-opioid-
users_en
http://www.emcdda.europa.eu/best-practice/answer-sheet/harm-reduction-opioid-
injectors_en
7. 10/5/17 - Andrew Kolodny, Brandeis University – The Opioid Epidemic in 6
Charts
There’s another reason not to believe the narrative about a “crackdown” on
painkillers leading to a sudden shift to heroin: There hasn’t been a crackdown on
prescription opioids. Despite some slowdown, the medical community continues to
overprescribe opioids. In fact, U.S. per capita opioid consumption is much higher
than other developed nations. Our oxycodone consumption has started to decline,
but it remains much higher than oxycodone consumption in Europe.
http://theconversation.com/the-opioid-epidemic-in-6-charts-81601
8. W5: OPIOID FENTANYL STREET CRISIS DOCUMENTARY
https://www.youtube.com/watch?v=F1ojeXgyAu0
In particular, at the 35 minute mark, they interview Providence Crosstown patients
(chronic users) who are prescribed medical-grade heroin for use 3x day… the
“natural” next step after safe consumption sites.
9. Article published February 09, 2014 - Author: Bernard Bertrand
http://www.salledeconsommation.fr/interview-with-odysseas-the-first-drug-
consumption-room-created-in-greece.html
Note: On September 17, 2014 The Athens's Drug consumption room has closed
because for the Prosecutor General, staff of Odysseas is suspected of violating of the
Greek law against drugs.
10. 12/10/2012 - Culture Watch – commentary by Bill Muehlenberg an
American-born ethicist in Melbourne, Australia. He has a BA with honors in
philosophy (Wheaton College, Chicago), an MA with highest honors in theology
(Gordon-Conwell Theological Seminary, Boston). He runs CultureWatch, which
features commentary on the issues of the day: billmuehlenberg.com.
https://billmuehlenberg.com/2012/12/10/the-case-against-heroin-injecting-rooms/
Note: Additional resources may be submitted at the time of the hearing.
203
Dave Mitchell October 23, 2017
Opposition to
“Supervised Injection Site”
in Kent WA
Dave Mitchell, COO
Seattle’s Union Gospel Mission (SUGM)
204
Terminology
•Supervised Injection Site
•Community Health Engagement Location
•Safe Injection Site/Facility
•Safe Consumption Site
•Europeans call them “fix rooms”
205
Qualifications
•Over 6 years of service at
Seattle’s Union Gospel Mission
•Over 1,200 people entered recovery;
including over 400 graduates
•Researched many aspects of drug addiction
and recovery
•Researched & visited Insite in Vancouver
•Personal – family and friends
206
Dave Mitchell October 23, 2017
Top Reasons for Opposition to
Supervised Injection Sites
1.Risks are too great
207
Dave Mitchell October 23, 2017
Risks are too great
• 1
st supervised injection site in USA
•Hundreds of opioid drug users, most
not from Kent
•Cost-Benefit Analysis provided by
advocates often incomplete and flawed
•Bellevue, Auburn, Federal Way,
Sammamish, Renton, and Burien
– all said “no”
208
Top Reasons for Opposition to
Supervised Injection Sites
1.Risks are too great
2. Kent is too small
209
Dave Mitchell October 23, 2017
Kent is too small
210
Dave Mitchell October 23, 2017
Kent is too small
211
Dave Mitchell October 23, 2017
Kent is too small
212
Top Reasons for Opposition to
Supervised Injection Sites
1.Risks are too great
2. Kent is too small
3.Costs are too high
213
Dave Mitchell October 23, 2017
Costs are too high: crime
Kent vehicle thefts and vehicle prowls in 2016 in
drove a 22 percent jump in property crime rates.
Kent Police Department says “This increase has been
attributed… to the opioid epidemic hitting our area,”
said about people who use drugs such as heroin,
fentanyl, oxycodone and others.
Chief Thomas “We see an enormous number of
people commit crimes to drive their drug habit.
We’ve always seen that but never at this level.
The majority are drug related.”
Quotes from Kent Reporter, Oct 13, 2017
214
Dave Mitchell October 23, 2017
Costs are too high: illegal drugs
We would knowingly be choosing to
not enforce laws concerning illegal drug
possession and use; laws that also are
intended for public safety and to save lives
215
Dave Mitchell October 23, 2017
Costs are too high: enablement
Less than 3% of users of Supervised Injection
Sites seek to go into recovery programs,
97% are enabled to continue active use of
illegal drugs
216
Dave Mitchell October 23, 2017
Costs are too high: next step heroin?
Vancouver BC has already taken the next
step with a clinic (Providence Crosstown
Clinic) established to provide legal
hospital-grade heroin to chronic drug users
Insite representatives see this as a significant
“upgrade” from SIS because the clinic knows
they have high quality drugs compared to the
assorted poor quality drugs typically found on
the street
217
Dave Mitchell October 23, 2017
Costs are too high: addiction OK
Supervised Injection Sites effectively say that
when someone has a heroin addiction issue,
we are OK with that so long as they don’t die
Like a car going off a cliff without guard rails,
the car tumbles and smashes down, hopefully
airbags deploy to minimize bodily harm
(similar to when Narcan is used for an
overdose,) but so long as the person doesn’t
die we are OK
We need more guard rails, and safety
features in our cars before the car goes off
the road
218
Dave Mitchell October 23, 2017
Recap/Summary
Supervised Injection Sites are not the right
tool for Kent because they are
1.Too risky
2.Kent isn’t the right size for this tool
3.Costs are too high
Other options need to be urgently pursued
as part of an overall plan – to save lives
219
Dave Mitchell October 23, 2017
Personal Story
Christian Downs
220
Insite
(Vancouver Costal Health)
•1st sanctioned supervised injection
site in North America
•Opened in 2003
•Located in Vancouver, BC
•140 miles north of Seattle
221
Dave Mitchell October 23, 2017
Insite (self described via www.vch.ca website)
•Insite is a supervised drug injection site
accessible to street drug users.
•Insite has injection booths where clients inject
pre-obtained illicit drugs under the
supervision of nurses and health care staff.
•Clean injection equipment such as syringes,
cookers, filters, water and tourniquets are
supplied.
222
Dave Mitchell October 23, 2017
Insite (self described via www.vch.ca website)
•When an overdose occurs, the team, led by a
nurse, are available to intervene immediately.
•Nurses also provide other health care
services, like wound care and immunizations.
223
Dave Mitchell October 23, 2017
224
Dave Mitchell October 23, 2017
225
Dave Mitchell October 23, 2017
226
Dave Mitchell October 23, 2017
227
Dave Mitchell October 23, 2017
228
Dave Mitchell October 23, 2017
229
Dave Mitchell October 23, 2017
230
Dave Mitchell October 23, 2017
231
Dave Mitchell October 23, 2017
232
Dave Mitchell October 23, 2017
233
Dave Mitchell October 23, 2017
234
Dave Mitchell October 23, 2017
235
Dave Mitchell October 23, 2017
236
Dave Mitchell October 23, 2017
237
Dave Mitchell October 23, 2017
238
Dave Mitchell October 23, 2017
Bird Nest Made from Needles
This May 2017 image was captured by a Vancouver police officer inside a vacant
room in Vancouver's Downtown Eastside and shared 'to show the reality of drug
use,' said a spokesperson for the department. (@VPDSuperDavey/Twitter)
239
COMMUNITY HEALTH
ENGAGEMENT LOCATIONS
(CHELS)
Economic and Community Development Committee
November 13, 2017
240
Overview: Community Health
Engagement Locations (CHELs)
•Sites that provide harm reduction services where
supervised consumption occurs.
•Primary purpose is to engage with drug users to:
•Prevent overdose
•Promote safe consumption techniques
•Reduce drug-related health risks
•Provide access to health and social services
•Reduce public drug use/discarding of used equipment
241
Policy Context
•Opiate-related deaths are at crisis levels in King County.
•219 heroin and opioid-related deaths in King County in 2016
•King County Heroin and Prescription Opiate Addiction
Task Force – 8 recommendations.
•Included CHELs as one part of comprehensive strategy.
•King County Council voted to limit location of CHELs to
communities whose elected leaders welcome them
242
Community Health Engagement
Locations: Existing Regulations
•Land Use Moratorium: adopted by Kent City Council
August 15, 2017
•Prohibits CHELs in all zoning districts in the city
•Federal and State Law:
•prohibit possession of illegal drugs
•prohibit spaces intended for illegal consumption
243
Key Policy Considerations
•Legal conflicts
•Policy support by medical/public health orgs
•Demonstrated efficacy vs. enabling use
•Local impacts
244
245
246
Alternative A
•Allow CHELs in Commercial-Manufacturing I (CM-I)
zoning district as a conditional use
•Define as new service land use category
•Requires a waiting room of at least 15% of total floor area
•Establish application requirements including statement of need and
suitability, public involvement efforts, and “good faith” partnership
agreement to minimize negative impacts
•Treats CHELs similarly to opiate substitution treatment facilities
(currently allowed as conditional use)
247
Alternative B
•Permanently adopt code amendment prohibiting
community health engagement locations in all zoning
districts in Kent
•Maintains regulation established with moratorium
248
Timeline: Next Steps
•City Council adoption of preferred alternative
November 21, 2017.
249
KENT
Location:400 w. Gowe o Maitto: 220 lnAvenue."r?JÎl*iîrr%tr8i#r"r:
P e rm it c e nte r t' i,1"T.u;Ti"".ffi lä:H|.:i"tå?
Environmental Checklist
Application Form
Public Notice Board and
Application Fee...See Fee Schedule
WASHINGToN
TO BE COMPLETED BY STAFF:
APPLICATION #:KlvA#: Rb,D- 211ælrb
REGETVED "", fi'n nnfhnfl oarc, lt-14* ,ROGESSING FEE:_
A. STAFF REVIEW DETERMINED THAT PROJECT:
.a
Meets the categorically exempt criteria.
Has no probable significant adverse environmental impact(s) and
application should be processed without further consideration of
environmental effects.
Has probable, significant impact(s) that can be mitigated through
conditions. EIS not necessary.
Has probable, significant adverse environmental impact(s). An
Environmental lmpact Statement will be prepared.
An Environmental lmpact Statement for this project has already been
prepared.
lo 'L -àol7
Signature of Responsible Official Date
B. COMMENTS:
C TYPE OF PERMIT OR ACTION REQU ESrED: zl7î- rLtnp*4,fu -
lþl"M
D. ZONING DISTRICT:unáø, r'U Ø- I
//
-t
250
City of Kent Planning Services
Environmental Checklist - Page 2
TO BE COMPLETED BY APPLIGANT:
BACKGROUND INFORMATION :
Name of Project: Zoninq Code Amendment, Communitv Health Enqagement Locations
Name of Applicant Citv of Kent
22O 4th Ave S Kent WA 98032
A.
1
2
Mailing Address
Contact Person Danielle Butsick Citv of Kent Telephone 253-856-5443
(Note that all correspondence will be mailed to the applicant listed above.)
3. Applicant is (owner, agent, other)I nnn Ranne Pla lS Coordinator
4. Name of Legal Owner: n/a Telephone
Mailing Address:
5 Location. Give general location of proposed project (street address, nearest intersection of
streets and section. township and ranqe).
City-wide; Commercial-Manufacturing I zone
6. Legal description and tax identification number
a Leqal description (if lengthv, attach as separate sheet)
b. Tax identification number:
7. Existino conditions:Give a generaldescription of the property and existing improvements, size,
topography, vegetation, soil, drainage, natural features, etc. (if necessary, attach a separate
sheet).
nla
nla
nla
8. Site Area: nla Site Dimensions: n/a
251
o
City of Kent Planning Services
Environmental Checklist - Page 3
Proiect description: Give a brief, complete description of the intended use of the property or
project including all proposed uses, days and hours of operation and the size of the project and
site. (Attach site plans as described in the instructions):
See attached proposed code alternatives.
10. Schedule: Describe the tim ing or schedule (include phasing and construction dates, if possible)
Present two alternative ordinances to the Land Use and Planning Board (LUPB) at a
workshop on September 25, 2017.
Present two alternative ordinances at LUPB Public Hearing on October 23,2017
a
a
11
12
. Present two alternative ordinances and LUPB recommendations to Economic and
Community Development Committee November 13, 2017.
. City Council adoption of preferred alternative will occur November 21,2017.
Future Plans: Do you have any plans for future additions, expansion or further activity related to
or connected with this proposal? lf yes, explain.
Permits/Approvals: List all permits or approvals for this project from local, state, federal, or other
agencies for which you have applied or will apply as required for your proposal.
AGENCY PERMIÏ TYPE
DATE
SUBMITTED-NUMBER STATUS**
City of Kent
Zoning Code
Amendment
*Leave blank if not submitted**Approved, denied or pending
Environmental lnformation: List any environmental information you know about that has been
prepared, or will be prepared, directly related to this proposal.
13.
252
City of Kent Planning Services
Environmental Checklist - Page 4
14
nla
Do you know whether applications are pending for governmental approvals of other proposals
directly affecting the property covered by your proposal? lf yes, explain.
nla
253
City of Kent Planning Services
Environmental Checklist - Page 5
B. ENVIRONMENTAL ELEMENTS
1. Earth
a General description of the site (circle one): Flat, rolling, hilly, steep
slopes, mountainous, other:nla
b. What is the steepest slope on the site (approximate percent slope)?
nla
c.What general types of soils are found on the site (for example, clay,
sand, gravel, peat, muck)? lf you know the classification of agricultural
soils, specify them and note any prime farmland.
nla
d. Are there surface indications or history of unstable soils in the immediate
vicinity? lf so, describe.
nla
e Describe the purpose, type and approximate quantities of any filling or
grading proposed. lndicate source of fill.
nla
f Could erosion occur as a result of clearing, construction, or use? lf so,
generally describe.
nla
g. About what percent of the site will be covered with impervious surfaces
after project construction (for example, asphalt or buildings)?
nla
h. Proposed measures to reduce or control erosion, or other impacts to the
earth, if any.
EVALUATION FOR
AGENCY USE ONLY
254
City of Kent Planning Services
Environmental Checklist - Page 6
2. Air
What types of emissions to the air would result from the proposal (i.e.,
dust, automobile, odors, industrialwood smoke) during construction and
when the project is completed? lf any, generally describe and give
approximate quantities if known.
nla
b. Are there any off-site sources of emissions or odor that may affect your
proposal? lf so, generally describe.
nla
c Proposed measures to reduce or control emissions or other impacts to
air, if any.
nla
3. Water
a. Surface
1)ls there any surface water body on or in the immediate vicinity of
the site (including year-round and seasonal streams, salt water,
lakes, ponds, wetlands)? lf yes, describe type and provide
names. lf appropriate, state what stream or river it flows into.
Will the project require any work over, in or adjacent to (within 200
feet) the described waters? lf yes, please describe and attach
available plans.
nla
c,
nla
2)
nla
EVALUATION FOR
AGENCY USE ONLY
255
City of Kent Planning Services
Environmental Checklist - Page 7
3)
4)
5)
6)
b. Ground:
1)
2)
Estimate the amount of fill and dredge material that would be
placed in or removed from surface water orwetlands and indicate
the area of the site that would be affected. lndicate the source of
fill material.
nla
Will the proposal require surface water withdrawals or diversions?
Give generaldescription, purpose, and approximate quantities, if
known.
nla
Does the proposal lie within a 1O0-year floodplain? lf so, note
location on the site plan.
A. Portions of the Commercial Manufacturing I zoning district is
within the 1OO-year floodplain.
B. Portions of the city are within the 1O0-year floodplain
Does the proposal involve any discharges of waste materials to
surface waters? lf so, describe the type of waste and anticipated
volume of discharge.
Will ground water be withdrawn, or will water be discharged to
ground water? Give general description, purpose, and
approximate quantities, if known.
nla
Describe waste material that will be discharged into the ground
from septic tanks or other sources, if any (for example: domestic
sewage; industrial, containing the following chemicals...;
agricultural; etc.). Describe the general size of the system, the
number of such systems, the number of houses to be served (if
applicable), or the number of animals or humans the system(s)
are expected to serve.
nla
nla
EVALUATION FOR
AGENCY USE ONLY
256
City of Kent Planning Services
Environmental Checklist - Page I
c Water Runoff (including storm water):
1) Describe the source of runoff (including storm water) and method
of collection and disposal, if any (include quantities, if known).
Where willthis waterflow? Willthis waterflow into otherwaters?
lf so, describe.
2)Could waste materials enter ground or surface waters? lf so,
generally describe.
nla
d. Proposed measures to reduce or controlsurface, ground, and runoff
water impacts, if any:
nla
4. Plants nla
a. Check or circle types of vegetation found on the site
_Deciduous tree: alder, maple aspen, other
_Evergreen tree: fir, cedar, pine, other
Shrubs
Grass
_Pasture
_Crop or grain
Wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other
Water plants: water lily, eelgrass, milfoil, other
_Other types of vegetationb. What kind and amount of vegetation will be removed or altered?
nla
nla
EVALUATION FOR
AGENCY USE ONLY
257
City of Kent Planning Services
Environmental Checklist - Page 9
c List threatened or endangered species known to be on or near the site
nla
d. Proposed landscaping, use of native plants, or other measures to
preserve or enhance vegetation on the site, if any:
nla
5. Animals n/a
a. Circle any birds and animals which have been observed on or near the
site or are known to be on or near the site:
Birds: hawk, heron, eagle, songbirds, other:_
Mammals: deer, bear, elk, beaver, other:_
Fish: bass, salmon, trout, herring, shellfish, oth
b. List any threatened or endangered species known to be on or near the
site.
nla
ls the site part of a migration route? lf so, explain
nla
c
d. Proposed measures to preserve or enhance wildlife, if any:
nla
6. Enerqv and Natural Resources
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be
EVALUATION FOR
AGENCY USE ONLY
258
City of Kent Planning Services
Environmental Checklist - Page 10
used to meet the completed project's energy needs? Describe whether it
will be used for heating, manufacturing, etc.
nla
b. Would your project affect the potential use of solar energy by adjacent
properties? lf so, generally describe.
nla
c What kinds of energy conservation features are included in the plans of
this proposal? List other proposed measures to reduce or control energy
impacts, if any:
nla
7. Environmental Health
a Are there any environmental health hazards, including exposure to toxic
chemicals, risk of fire and explosion, spill, or hazardous waste, that could
occur as a result of this proposal? lf so, describe.
1) Describe special emergency services that might be required
Proposed measures to reduce or control environmental health
hazards, if any:
b
What types of noise exist in the area which may affect your
project (for example: traffic, equipment operation, other)?
What types and levels of noise would be created by or associated
with the project on a short-term or a long-term basis (for example:
traffic, construction, operation, other)? lndicatewhat hours noise
nla
nla
2)
nla
Noise
1)
nla
2)
EVALUATION FOR
AGENCY USE ONLY
259
City of Kent Planning Services
Environmental Checklist - Page 11
would come from the site.
nla
3) Proposed measures to reduce or control noise impacts, if any
nla
8. Land and Shoreline Use
a. What is the current use of the site and adjacent properties?
nla
b. Has the site been used for agriculture? lf so, describe.
nla
c. Describe any structures on the site.
nla
d. Will any structures be demolished? lf so, what?
nla
e. What is the current zoning classification of the site?
A. Commercial-Manufacturing I
B. Citywide
What is the current comprehensive plan designation of the site?
A. lndustrial
B. Citywide
g. lf applicable, what is the current shoreline master program designation of
the site?
A. No Commercial-Manufacturing I Zone areas are in the shoreline
jurisdiction.
B. Portions of the city are within shoreline jurisdiction.
f
h. Has any part of the site been classified as an "environmentally sensitive"
EVALUATION FOR
AGENCY USE ONLY
260
City of Kent Planning Services
Environmental Checklist - Page 12
area? lf so, specify
A. Portions of the Commercial-Manufacturing I zoning district are within
the seismic hazard area, and critical aquifer recharge area. A small
portion is within the steep slope hazard area.
B. Portions of the city are within environmentally sensitive areas
Approximately how many people would reside or work in the completed
project?
nla
Approximately how many people would the completed project displace?
nla
k. Proposed measures to avoid or reduce displacement impacts, if any:
nla
Proposed measures to ensure the proposal is compatible with existing
and projected land uses and plans, if any.
A. Development conditions as part of this proposal are intended to reduce
the impacts of future community health engagement location facilities.
The development conditions require an analysis of a proposed
development's consistency with city plans, documentation of public
involvement and an explanation of the need and suitability for a proposed
location, among severaf other requirements. These measures should
mitigate impacts of future facilities that use this amended code section.
B. The proposed regulations prohibit the location of community health
engagement location facilities in allzoning districts in the city. Potential
impacts to existing land uses are avoided by this prohibition.
9. Housinq
a Approximately how many units would be provided, if any? lndicate
whether high, middle, or low income housing.
nla
b. Approximately how many units, if any, would be eliminated? lndicate
whether high, middle, or low income housing.
nla
EVALUATION FOR
AGENCY USE ONLY
261
City of Kent Planning Services
Environmental Checklist - Page 13
c. Proposed measures to reduce or control housing impacts, if any
nla
10. Aesthetics
a.What is the tallest height of any proposed structure(s), not including
antennas; what is the principal exterior building material(s) proposed?
nla
b. What views in the immediate vicinity would be altered or obstructed?
nla
Proposed measures to reduce or control aesthetic impacts, if any
nla
11. Liqht and Glare
a What type of light or glare will the proposals produce? What time of day
would it mainty occur?
nla
Could light or glare from the finished project be a safety hazard or
interfere with views?
c
b
c.
nla
What existing off-site sources of light or glare may affect your proposal?
nla
d. Proposed measures to reduce or control light and glare impacts, if any.
nla
12. Recreation
a. What designated and informal recreational opportunities are in the
immediate vicinity?
nla
EVALUATION FOR
AGENCY USE ONLY
262
a
City of Kent Planning Services
Environmental Checklist - Page 14
b. Would the proposed project displace any existing recreational uses? lf
so, describe.
nla
c.Proposed measures to reduce or control impacts on recreation, including
recreation opportunities to be provided by the project or applicant, if any.
nla
13.Historic and Cu ral Preservation
Are there any places or objects listed on, or proposed for, national, state
or local preservation registers known to be on or next to the site? lf so,
generally describe.
nla
b. Generally describe any landmarks or evidence of historic, archaeological,
scientific, or cultural importance known to be on or next to the site.
nla
c.Proposed measures to reduce or control impacts, if any
nla
14. Transportation
a.ldentify public streets and highways serving the site, and describe
proposed access to the existing street system. Show on site plans, if any.
nla
b. ls site currently served by public transit? lf not, what is the approximate
distance to the nearest transit stop?
nla
c.How many parking spaces would the completed project have? How
EVALUATION FOR
AGENCY USE ONLY
263
City of Kent Planning Services
Environmental Checklist - Page 15
many would the project eliminate?
d. Will the proposal require any new roads or streets, or improvements to
existing roads or streets, not including driveways? lf so, generally
describe (indicate whether public or private).
nla
e Will the project use (or occur in the immediate vicinity of) water, rail, or air
transportation? lf so, generally describe.
nla
f. How many vehicular trips per day would be generated by the completed
project? lf known, indicate when peak volumes would occur.
nla
g. Proposed measures to reduce or control transportation impacts, if any
nla
15. Public Services
Would the project result in an increased need for public services (for
example:fire protection, police protection, health care, schools, other)? lf
so, generally describe.
A. lt is possible that a future project under this code amendment could
increase the need for police services, or cause an increase in crimes such
as loitering, litter and others.
Community health engagement locations are intended to create an
opportunity for interface between individuals with opiate use disorder and
those who are able to provide healthcare and services. lf their intended
purpose is met, this will increase demand for healthcare and services
othen¡'rise not sought by these individuals.
B. The proposed regulations prohibit community health engagement
locations in all zoning districts in the city. Potential impacts would be
avoided through this prohibition.
b. Proposed measures to reduce or control direct impacts on public
services, if any.
nla
a
EVALUATION FOR
AGENCY USE ONLY
264
City of Kent Planning $ervices
Environmental Checklist - Page 16
A. Development regulations include a neighborhood partnership
agreement addressing steps the facility wíll take to reduce loitering, litter
or other nuisances, as well as steps partners will take to resolve
concerns. This agreement should reduce any potential increase in need
for police services,
B. n/a
16. Utilitiee
Circle utilities currently available at the site: electricity, natural gas, water,
refuse service, telephone, sanitary sewer, septic system, other.
nla
Describe the utilities that are proposed for the project, the utilities
providing the service and the general construction activities on the site or
in the immediate vicinity, which might be needed,
nla
C. SIqNATURE
The above answers are true and complete to the best of my knowledge, I
the lead a is relying on them to make its decision
S
Date:
a
b
/þ
192
EVALUATION FOR
AGENCY USE ONLY
201265
City of Kent Planning Services
Environmental Checklist - Page 17
DO NOT USE THIS SHEET FOR PROJECT ACTIONS
D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS
Because these questions are very general, it may be helpful to read them in
conjunction with the list of the elements of the environment.
When answering these questions, be aware of the extent the proposal, or the
types of activities likely to result from the proposal, would affect the item at a
greater intensity or at a faster rate than if the proposal were not implemented.
Respond briefly and in generalterms.
1 . How would the proposal be likely to increase discharge to water; emission
to air; production, storage, or release of toxic or hazardous substances;
or production of noise?
A. Future development may affect discharge to water, emission to air,
production, storage or release of toxic or hazardous substances that
would be typical of other medical services or professional/business
services development.
B. No impacts are expected as a result of the proposed regulations
prohibiting community health engagement locations in Kent.
Proposed measures to avoid or reduce such increases are:
A. Regulations are already in place to mitigate impacts for all medical
service{ype uses.
B. n/a
2. How would the proposal be likely to affect plants, animals, fish, or marine
life?
A. Future development may remove vegetation to accommodate
community health engagement locations and associated parking areas.
B. No impacts are expected as a result of the proposed regulations
prohibiting community health engagement locations in Kent.
Proposed measures to protect or conserve plants, animals, fish, or
marine life?
A. Regulations are in place to protect wetlands and streams and for tree
preservation.
B. n/a
EVALUATION FOR
AGENCY USE ONLY
266
4
City of Kent Planning Services
Environmental Checklist - Page 18
3. How would the proposal be likely to deplete energy or natural resources?
A. Future development will utilize energy or natural resources at levels
typical of professional services use.
B. No impacts are expected as a result of the proposed regulations
prohibiting community health engagement locations in Kent.
Proposed measures to protect or conserve energy and natural resources
are:
A. The City promotes conservation of energy and natural resources
B. nla
How would the proposal be likely to use or affect environmentally
sensitive areas or areas designated (or eligible or under study) for
governmental protection; such as parks, wilderness, wild and scenic
rivers, threatened or endangered species habitat, historic or cultural sites,
wetlands, floodplains, or prime farmlands?
A. The proposal limits development of community health engagement
locations to the Commercial Manufacturing I zoning district. Future
development of community health engagement locations is unlikely to
affect sensitive areas.
B. No impacts are expected as a result of the proposed regulations
prohibiting community health engagement locations in Kent.
Proposed measures to protect such resources or to avoid or reduce
impacts are:
A. Regulations are in place for protection of environmentally sensitive
areas from development impacts.
B. nla
5. How would the proposal be likely to affect land and shoreline use,
including whether it would allow or encourage land or shoreline uses
incompatible with existing plans?
A. The proposal introduces a new category of service land use allowed in
the Commercial-Manufacturing I zoning district. This use is compatible
with existing plans with the added development conditions addressing
neighborhood impacts.
B. The proposed regulations prohibit community health engagement
EVALUATION FOR
AGENCY USE ONLY
267
City of Kent Planning Services
Environmental Checklist - Page 19
locations as an incompatible use within the city.
Proposed measures to avoid or reduce shoreline and land use impacts
are:
A. The proposal requires a conditional use permit for community health
engagement locations, as wellas a neighborhood partnership agreement
to ensure land use impacts are minimized.
B. n/a
6. How would the proposal be likely to increase demands on transportation
or public services and utilities?
A. The proposal may result in facilities being developed that would
increase demands on transportation or public services and utilities.
B. No impacts are expected as a result of the proposed regulations
prohibiting community health engagement locations in Kent.
Proposed measures to reduce or respond to such demand(s) are:
A. Regulations are in place to mitigate demands on transportation
system, public services and utilities.
B. nla
7. ldentify, if possible, whetherthe proposal may conflict with local, state, or
federal laws or requirements for the protection of the environment.
A. The proposal may be in direct conflict with state and federal laws
prohibiting the possession of controlled substances without a prescription
and those prohibiting the establishment and maintenance of a place
intended for the illicit consumption of controlled substances.
B. nla
P : \Pla n n i n g\ADM IN\FORM S\SEPA\SEPA_CH ECKLIST. doc ( REVIS E D t2/ OB)
EVALUATION FOR
AGENCY USE ONLY
268
KENT
WasHtNGToN
CITY OF KENT
DETERMINATION OF NONSIGNIFICANCE
Environmental Checklist No. #ENV-2017-28 / RPSW-2173956
¿CA-2OL7-4 / RPP6 -2L73BBL
Project: COMMUNITY HEALTH ENGAGEMENT LOCATIONS / AKA SAFE INJECTION SITES
Description: The City of Kent has initiated a non-project environmental review for a
proposal to a) amend the City of Kent Municipal Code Sections 15.02 and 15,04, to define
Community Health Engagement Locations (CHELs) as a new service land use category and
establish CHELs as a conditional use in the Commercial-Manufacturing I zoning district, OR b)
permanently adopt Kent Municipal Code Section 15.08.550 regarding prohibition of community
health engagement locations in all zoning districts.
Applicant: Danielle Butsick, Long Range Planner/GIS Coordinator
City of Kent Planning Services
Lead Agency Crv or Kerur
The lead agency for this proposal has determined that it does not have a probable significant
adverse impact on the environment. An environmental impact statement (EIS) is not required
under RCW 43.2LC.030(2)(c). This decision was made after review- of a completed
environmental checklist and other information on file with the lead agency, This information is
available to the public on request.
There is no comment period for this DNS.
X This DNS is issued under I97-LI-340(2). The lead agencywill notacton this proposal
for 14 days from the date of this decision; this constitutes a 14-day comment period.
Comments must be submitted by 4=3O p.ffi., October 2f),2OL7. This DNS is subject to
appeal pursuant to Kent City Code section 11.03.520.
Resp onsible Official Charlene Anderson
Position/Title Lono Ranqe Planninq Manaoer/ SEPA OFFICIAL
Address 220 Fourth Avenue South, Kent. WA 98032 Telephone: (253) 856-5431
Dated October 6, 2017 Signature
APPEAL PROCESS: AN APPEAL OF A DETERMINATION OF NONSIGNIFICANCE (DNS) MUST BE
MADE TO THE KENT HEARING EXAMINER WITHIN FOURTEEN (14) DAYS FOLLOWING THE
END OF THE COMMENT PERIOD PER KENT CITY CODE 11.03.520.
CONDITIONS/MITIGATING MEASURES: NONE
DB\ct\ \\Cityvmplv\sdata\Perm¡t\Pla n\ZONING_OTH ER_CODE_AMEN ÞM ENTS\201 7\ZC A-2077 -4 SAFE INJ ECTION SITES\zCA-201 7-4_CHELS_ENV_Determinat¡on,doc
269
KENT
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
WaSHtNGToN
ENVIRONMENTAL REVIEW REPORT
Decision Document
Community Health Engagement Locations (CHELs)
AKA Safe Injection Sites
ENV-2O 17 -28, KIVA #RPSW-2L73956
zcÀ-2ol7 -4 | KÍV A # RPP6-2 1 7388 1
Charlene Anderson, AICP Responsible Official
I PROPOSAL
The City of Kent has initiated a non-project environmental review for a
proposal to a) amend the City of Kent Municipal Code Sections 15.02 and
75.04, to define Community Health Engagement Locations (CHELs) as a new
service land use category and establish CHELs as a conditional use in the
Commercial-Manufacturing I zoning district, OR b) permanently adopt Kent
Municipal Code Section 15.08.550 regarding prohibition of community health
engagement locations in all zoning districts.
BACKGROU N D IN FORMATION
Compliance with Kent's Comprehensive Plan (Ordinance 4L63), the
Washington State Growth Management Act (GMA), The Local Project Review
Act (ESHB L724 and ESB 6094), Kent's Construction Standards (Ordinance
3944) and Concurrency Management (Chapter L2.tL, Kent City Code) will
require concurrent improvements or the execution of binding agreements by
the Applicant/Owner with Kent to mitigate identified environmental impacts,
These improvements and/or agreements may include improvements to
roadways, intersections and intersection traffic signals, stormwater detention,
treatment and conveyance, utilities, sanitary sewerage and domestic water
systems. Compliance with Kent's Construction Standards may require the
deeding/dedication of right-of-way for identified improvements, Compliance
with Title 11.03 and 11.06 of the Kent City Code may require the conveyance
of Sensitive Area Tracts to the City of Kent in order to preserve trees, regulatethe location and density of development based upon known physical
constraints such as steep and/or unstable slopes or proximity to lakes, or to
maintain or enhance water quality. Compliance with the provisions of Chapter
6.t2 of the Kent City Code may require provisions for mass transit adjacent to
the site.
In addition to the above, Kent follows revisions to the Washington State
Environmental Policy Act, Chapter L97-L1 WAC (effective November 10,
L997), which implements ESHB L724 and ESB 6094, and rules which took
effect on May 10, 2014 in response to 2ESSB 6406 passed by the State
Legislature in 2012.
II.
270
Decision Document
Community Health Engagement Locations (CHELS) (ZCA-2077-X)
ENV-20 17-28 / RPSW-2173956
III, ENVIRONMENTAL ELEMENTS
Earth
The proposal is a non-project action. Individual development projects
will be subject to the City of Kent standards for erosion and
sedimentation controls, Specific environmental impacts and appropriate
mitigation measures will be determined at the time of individual
development permit review,
Air
The proposal is a non-project action. Specific environmental impacts and
appropriate mitigation measures will be assessed at the time of
application for development permits.
Water
The proposal is city-wide, which includes areas that abut the Green
River, Mill Creek, several lakes, and various drainage basins and
wetlands. All lands within the Green River Natural Resources Area pond,
within 200 feet of the ordinary high water mark of Panther Lake, Lake
Meridian, Lake Fenwick, the Green River, and impacted by associated
wetlands, are within Shoreline Master Program jurisdiction. If individual
development proposals impact wetlands or streams, mitigation will be
required in accordance with the City's Critical Areas regulations
contained in Kent City Code Section 11.06.
Construction activities are regulated by the adopted codes of the City of
Kent. Impacts to associated waterways and wetland areas will be
analyzed and mitigated at the time of development permit review.
PIants and Animals
The code amendments are non-project actions. The Green River is
considered critical habitat for a number of threatened and migratory
species. Specific environmental impacts and appropriate mitigation
measures related to plants and animals will be determined at the time of
individual development permit review.
Energy and Natural Resources
This proposal is not anticipated to have a significant adverse effect on
energy and natural resources.
Aesthetics, Noise, Light and Glare
The code amendments are non-project actions, Specific impacts and
appropriate mitigation measures will be determined at the time of
individual development permit review.
Land and Shoreline Use
Adoption of the code amendments is a non-project action that is not
anticipated to have significant adverse environmental impacts, The
A
B
c
E
F
G
D
Page 2 of 4
271
Decision Document
Community Health Engagement Locations (CHELs) (ZCA-20L7-X)
ENV-2017-28 / RPSW-2 173956
H
I
code amendments apply a) to the CM-l zoning district, or b) to all
zoning districts throughout the city. Shoreline jurisdiction applies to the
Green River Natural Resources Area, properties within 200 feet of the
Ordinary High Water Mark of the Green River, Lake Fenwick, Panther
Lake, and Lake Meridian, and within any wetlands associated with these
waterbodies.
Consideration is given to allowing community health engagement
locations in commercial-manufacturing areas, specifically in the CM-1
zoning district. This use is compatible with existing plans with the
added development conditions addressing neighborhood impacts.
Specific impacts and appropriate mitigation measures will be determined
at the time of individual development permit review.
Housing
Adoption of the code amendments is not anticipated to have a
significant adverse effect on housing.
Recreation
While there are many parks and recreation facilities in the City of Kent,
significant adverse impacts to recreation are not anticipated from these
code amendments.
Historic and Cultural Preservation
Although this is a nonproject action, if archeological materials are
discovered during work for any project action, the applicant must stop
work and notify the State Department of Archaeology and Historical
Preservation.
Transportation
Individual development projects are required to pay a transportation
impact fee and may be required to construct streetscape improvements.
Public Services
Although adoption of the code amendments is a non-project action,
public services may be affected by ensuing development of community
health engagement location facilities. The proposal may result in
facilities being developed that would increase demands on
transportation or public services and utilities. The extent to which any
future development may impact these services is dependent upon an
individual development proposal and would be reviewed with any
development permit review.
Utilities
This proposal is a non-project action. The extent to which any future
development may impact utilities is dependent upon an individual
development proposal and would be reviewed with any development
permit review.
J
K
L
M
Page 3 of 4
272
Decision Document
Community Health Engagement Locations (CHELs) (ZCA-20L7-X)
ENV-2017-28 / RPSW-2 173956
IV. SUMMARY AND RECOMMENDATION
A.It is appropriate per WAC L97-L1-660 and RCW 43.21C.O60 that the
City of Kent establish conditions to mitigate any identified impacts
associated with this proposal. Supporting documents for the following
conditions and mitigating measures include:
1
2
3
4
5
6
7
City of Kent Comprehensive Plan as prepared and adopted
pursuant to the State Growth Management Act;
The Shoreline Management Act (RCW 90,58) and the Kent
Shoreline Master Program ;
Kent City Code Section 7.O7 Surface Water and Drainage Code;
City of Kent Transportation Master Plan, Green River Valley
Transportation Action Plan and current Six-Year Transportation
Improvement Plan;
Kent City Code Section 7.09 Wastewater Facilities Master Plan;
City of Kent Comprehensive Water Plan and Conservation
Element;
Kent City Code Section 6.OZ Required Infrastructure
Improvements;
Kent City Code Section 6.07 Street Use Permits;
Kent City Code Section L4.O9 Flood Hazard Regulations;
Kent City Code Section L2.04 Subdivisions, Binding Site Plans,
and Lot Line Adjustments;
Kent City Code Section L2.O5 Mobile Home Parks and 12.06
Recreation Vehicle Park;
Kent City Code Section 8.05 Noise Control;
City of Kent International Building and Fire Codes;
Kent City Code Title 15, Zoning;
Kent City Code Section 7.L3 Water Shortage Emergency
Regulations and Water Conservation Ordinance 2227;
Kent City Code Sections 6.03 Improvement Plan Approval and
Inspection Fees;
Kent City Code Section 7.05 Storm and Surface Water Utility;
City of Kent Comprehensive Sewer Plan;
City of Kent Fire Master Plan; and
Kent City Code Chapter 11.06, Critical Areas.
8.
9,
10
11
L2.
13.
L4.
15.
16.
L7.
18.
19.
20.
It is recommended that a Determination of Nonsignificance (DNS) be
issued for this non-project action.
KENT PLANNING SERVICES
October 6 2Ot7
DB\ct\Sj\Permtt\Ptan\ZONING_OTHER CODE-AMENDMENTS\2017\ZCA-2017-4 SAFE INJECTION SITES\ZCA-2017-4-CHELs ENv,Decision.doc
B
Page 4 of 4
273
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
Date: November 8, 2017
TO: Chair Bill Boyce and Economic & Community Development Committee
FROM: Jason Garnham, Planner
RE: Madison Plaza - Multifamily Tax Exemption Agreement
For Meeting of November 13, 2017
SUMMARY: An application for multifamily tax exemption was recei ved by
the City on June 23, 2017 for Madison Plaza Apartments, a 157-unit, seven
story building pro posed to be locate d on the north side of Meeker S t
between Madison Avenue a nd Uplands Playfield Park. The site is comprised
of four vacant parcels, some of wh ich have been the site of squatting,
building and zoning code violations, and other illegal activity.
A multifamily tax exemption provides a limited eight-year exemption from
“ad valorem” property taxation for developments that meet the eight criteria
in Kent City Code 3.25.040, which relate to the location, size, and design of
the project.
Adopted by the City Council 1998 and am ended in 2016, the purpose of the
City’s multifamily tax exemption is to encourage residential development in
targeted areas of t he City and on va cant and underutilized sites to reduce
development pressure on single fami ly neighborhoods and support transit
use in urban centers.
Downtown Design Review approval wa s granted for the project on May 24,
2017, and plans for civil construction are under review. The applicant has
worked closely with City sta ff to revise the pla ns to comply with the desi gn
and multifamily tax exemption criteria and st aff recommends approval of
this request for a multifamily tax exemption. The final step in the process for
the tax exemption is Council approval of the agreement.
MOTION: Recommend Council authorize the Mayor to sign the Multifamily
Housing Property Tax Exemption Agreement with David Myaskovsky,
subject to final terms and conditions acceptable to the Economic and
Community Development Director and City Attorney.
274
Staff will provide a summary of the project and the multifamily tax
exemption eligibility requiremen ts at the November 13, 2017 ECD
Committee Meeting.
EXHIBITS: Approval memo dated 9/14/17, draft contract, project plans
BUDGET IMPACT: None
cc: Ben Wolters, Economic &Community Development Director
P:\Planning\ECDC\2017\11-13-17\MFTE_MadisonPlaza_staff memo.doc
275
KENT
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters
Director
22O4th Avenue South
Kent, WA 98032
Fax: 253-856-6454WASHtNGtoN
PHONET 253-856-5454
September L4,20L7
Mr. Imad Bahbah
IHB Architects
2L62O B4th Avenue S., Suite 200
Kent, WA 98032
Dear Imad,
I am writing to address your June 23,20L7 Multifamily Tax Exemption (MFTE)
application for Madison Plaza, a L57 unit residential project located at 102 Madison
Avenue in downtown Kent. Thank you for the information you have provided,
which constitutes a complete application.
The purpose of the MFTE is to provide a limited eight year exemption from ad
valorem property taxation for multifamily housing in Kenls downtown residential
targeted area. This exemption is intended to stimulate new residential
construction, help direct future population growth to downtown Kent and promote
urban residential densities conducive to transit use.
I have reviewed the application per the eligibility requirements and approval criteria
of Kent City Code 3.25 and determined that the application is eligible and compliant
with relevant requirements. Accordingly, I have determined that the application is
approved.
In reaching this conclusion, I have relied on the following information and criteria:
As described in the application, project permit documents, and plans for
proposed revisions, the project meets the eligibility requirements found in
KCC 3.25.040. These requirements pertain to location, tenant displacement,
number of units, construction schedule, structured parking and compliance
with city guidelines and standards.
As described and shown in the application, you and your client intend for the
ground floor frontage along Meeker Street to be occupied by retail or service
uses. While a tenant for this space has not been identified, use of this space
may ultimately be for residential amenity uses,
a
o
Ol
<
=Pc
(¡)Yt
3
3
o
a
a After review by City permitting staff, the Madison Plaza project has received
approval through the Downtown Design Review process, and plans for civil
construction and building permits have been submitted to the City.
BW/as/S:\Perm it\Pla n\M ultifam ily Tax Exem ption\Madison Plaza\Madison Plaza M FTEapprova lmemo_draft.docx
Mnvon Suzerre Coorr
City of Kent Economic & Community Development
276
Accordingly, the proposed project is or will be, at the time of completion, in
conformance with all applicable local plans, regulations, and design
guidelines. As your application includes the proposal to reduce the number of
residential units and replace ground-floor parking with commercial space,
revised building plans must be submitted to the City prior to building permit
issuance.
The next step in the MFTE process is entering into a contract with the City that
addresses the terms and conditions of the project under Kent City Code 3.25. I
have enclosed a draft contract for your review.
Once the contract is approved by the City Council, a conditional certificate of
acceptance of tax exemption will be issued. This certificate will be valid for three
years, while the project is under construction. Once the project is completed, a
final certificate application and annual reporting will also be required per KCC 3.25.
Again, thank you for your application. Please continue to work with staff towards
completing the remaining steps in the process.
Best Rega
ß,*
Ben Wolters
encl: draft MFTE contract
cc: Charlene Anderson, AICP, Planning Manager
Matt Gilbert, AICP, Current Planning Manager
Adam Long, Assistant City Attorney
BW/as/S;\Perm it\Pla n\M ultifamily Tax Exemption\Madison Plaza\Madison Plaza M FTEapprova lmemo_draft.docx
277
UUTTIFATIILY HOUSING PROPERW TAX EXEMPTIOT{
AGREElIIET{T
THIS MULTIFAMILY HOUSING PROPERTY TAX AGREEMENT (heTeinafteT"Agreement") is entered into on the last date signed below, by and between
-*Daui(hereinafter'.Applicant"),andtheCITYoFKENT, a municipal corporation (hereinafter .'City,,).
Recitals.
Applicant has apptied to city for a limited property tax exemption as providedfor in chapter 84.14 Rcw and chapter 3,2s, keni city code (,,KCC,,) formultifamily residential housing located in the residentlal targeted area, asdefined in KCC section 3.25.020, and the Director of Economic and
community Development (hereinafter "Director,,) has approved theapplication; and
I
2
Multifamily Housing property Tax
Exemption Agreement
Applicant has submitted to city preliminary site plans and floor plans for newmultifamily housing units to be constructed as part of a mixed-use project
known as _Madison Plaza
property rocate :i:?i:ft::;ffii:ilT;more fully described in Exhibit I attached nereio, (nireinaiter..pro[erty");
and
3. Applicant is the owner of the property; and
4' City has determined that the ProJect will, if developed as proposed, satisfythe requirements for a finar certificate of tax exemption.
Now, THEREFORE, in consideration of the mutual promises herein, city andApplicant do mutuaily agree as follows:
1' conditionar certificate of Accegtance of Tax Exemotion
. _ city agrees, upon execution of this Agreement, and subject to approval bythe City Council, to issue a conditional certificate of acceptanci of tax exemption(hereinafter "Conditional Certificate"), which shall expireinr*. (3) years from thedate of approval of this.Agreement by the city council, unless extended by theDirector, or his or her designee, as provrded in KCC section 3.zs.olo.
z. ins.
a' Applicant agrees to construct the Project on the property substantiallyas described in the site plans and floor plans on fiG with the City;s Economic and
Page 'l of 10
278
Community Development Department as of the date of the City Council's approval
of this Agreement, subject to such modiflcations thereto as may be required'to
comply with applicable codes and ordinances; provided, that in no event shall such
construction provide fewer than thirty (30) new multlfamily housing dwelling units
designed for permanent residential occupancy and at least fifty peient (50 to) of
the space within the Project shall be intended for permanent residential tccupancy,
b. Applicant agrees to comply with all applicable zoning requirements,
land use regulations, and building and housing code requirementl, intluding but not
limited to the city's comprehensive plan, building, fire, housing, and zoning codes,
downtown design review guidelines, multifamily design review, and mixed use
design review if applicable (hereinafter, collectively, aDevelopment Regulations").
The project must be LEEDo certifiable as confirmed by a LEED@ certifiei
independent third party reviewer or must be Built Greenr' certified, and must also
comply with any other standards and guidelines adopted by the City Councit for the
residential targeted area. Applicant fufther agrees that approval of inis Agreement
by the city council, its execution by the Mayor, or issuance of a conditional
Certificate by the City pursuant to KCC Section 3.25.060.C in no way constitutes
approval of proposed improvements on the property with respect to applicableprovisions of the City's Development Regulations or obligates the City to approve
proposed improvements to the Property.
c. Applicant agrees that the ProJect will be completed within three (3)
years from the date of approval of this Agreement by the Council, unless extended
by the Dlrector for cause as provideci in KCC Section 3.25.020,
3. Requirgments for Final Certificate of Tax FxFmotion.
Applicant may, upon completion of the Project and upon issuance by City of a
temporary or permanent certificate of occupancy, request a final certificate of iaxexemption (hereinafter "Final Certificate"). The request shall be made in writing tothe Director, and be accompanied by the following:
a. A statement of expenditures made with respect to each multifamily
housing unit and the total expenditures made with respect to the entire project and
Property;
b. A description of the completed work and a statement of qualiflcation
for the multifamily housing property tax exemption;
c. The total monthly rent, or total sale amount of each multifamily
housing unit rented or sold to date;
Multifamily Housing PropeRy Tax
Exemption Agreement
Page 2 of 10
279
d' A statement that the ProJect was completed within the required three-(3) year period or any authorized extinsion, and documentation that the project
was completed in compliance with the terms of this Agreement )
e. Any further information that the Director deems necessary or useful,pursuant to chapter 94.14 RCW or KCC chapter 3,25, to evaluate the proJect,s
eligibility for the Finat Certificate.
4.
City agrees to file a Final Certificate with the King County Assessor withinforty (40) days of submission by the Appticant of ail maierials iequired byparagraph 3 above, if Applicant has:
a' Successfully completed the Project in accordance with the terms of thisAgreement and KCC Chapter 3.25;
b. Filed a request for a Final Certificate with the Director and submittedthe materials described in paragraph 3 above;
c. Paid to city a fee in the amount of one thousand dollars (g1,000); and
d' Met all other requirements provided in KCC Chapter 3.25 for issuanceof the Final Certiftcate.
5. Annual Certification and Report.
. ,Within thirty (30) days after the first anniversary of the date City issued theFinal certificate and each year thereafter for a period of eight (g) yeari, Applicantagrees to file a notarized declaration and annual report with the birector. 'The
report shall contain such information as required by RCW 84.14 and as the Directormay deem necessary or useful, and shall at a minimum include the foliowin[:
a. A statement of the occupancy and vacancy of the multifamily housingunits during the twelve (12) months ending with the anniversary date;
b, A certification that the multifamily housing units, project, and property
have not changed use since the date the city issued thi rinal ceriificate;
c. A statement that the multifamily housing units, project, and property
continue to be in compliance with this Agreement ani tne requirements of RCW84.L4 and KCC Chapter 3.25;
Multifamily Housing property Tax
Exemptlon Agreement
Page 3 of 10
280
d. A description of any improvements or changes to the ProJect made
after the City issued the Final Certificate;
e. The total monthly rent of each multifamily housing unit rented or the
total sale amount of each multifamily housing unit sold to an initial purchaser during
the twelve (12) months ending with the anniversary date;
f. A breakdown of the number, type, and specific multifamily housing
units rented or sold during the twelve (12) rnonths ending wlth the anniversary
date; and
g. Any additional information requested by the Director pursuant to
meeting any reporting requirements under RCW 84.14.
6. No Violations for Duration of Exemotion.
For the duration of the property tax exemption granted under KCC Chapter
3.52, Applicant agrees that the Project and the Property will have no violations of
applicable zoning requirements, land use regulations, building code requirements or
fire code requirements, for which the applicable code enforcement officer, pursuant
to KCC Chapter 1.04, shall have issued a correction notice, a notice of violation, or
other notiflcation that is not resolved by a voluntary correction agreement,
certificate of compliance, certificate of release, withdrawal or other method that
proves elther compliance or that no violation existed, within the time period for
compliance, if any, pr.ovided in such notice of violation, citation or other notification
or any extension of the time period for compliance granted by the code
enforcement officer.
7. Notification of Transfer of Interest or Change in Use.
Applicant agrees to notify the Director within thirty (30) days of any transfer
of Applicant's ownership interest in the Project, the Property or any improvements
made to the Property. Applicant further agrees to notify the Director and the King
County Assessor in writing within sixty (60) days of any change of use of any or all
of the multifamily housing units on the Property to another use. Applicant
acknowledges that such a change in use may result in cancellation of the property
tax exemption and imposition of additional taxes, interest, and penalty pursuant to
state law,
8. Cancellation of Exemptig-n - Appeal.
a. The City reserves the right to cancel the tax exemption and revoke the
Final Certificate if at any time the Director determines that the multifamily housing
units, the Project, or the Property nO longer complies with the terms of this
Multifamily Housing PropertY Tax
Exemption Agreement
Page 4 of 10
281
Agreement or with the requirements of KCC Chapter 3.52, or for any other reason
no longer qualifies for a property tax exemption.
b, If the property tax exemption is canceled for non-compliance,
Applicant acknowledges that state law requires that an additional real property tax
is to be imposed in the amount of: [1] the difference between the property tax paid
and the property tax that would have been paid if it had included the value of the
nonqualifying improvements, dated back to the date that the improvements became
nonqualifying; [2] a penalty of twenty percent (200/o) of the difference calculated
under (1) ofthis subsection b; and [3] interest at the statutory rate charged on
delinquent property taxes, calculated from the last date the tax could havt beenpaid without penalty if the improvements had been assessed without regard to the
exemptions provided by chapter 84.14 RCW and KCC chapter 3.52, Rppticant
acknowledges that, pursuant to RCW 84.14.110, any addiiional tax owed, together
with interest and penalty, shall become a lien on the Property and attach at the
time the Property or portion of the Property is removed from multifamily housing
use, and that the lien has priority to and must be fully paid and satisfied before a
recognizance, mortgage, judgment, debt, obligation, or responsibility to or with
which the PropertY 1n.y become charged or liable. Applicant fufther acknowledgesthat RCW 84.14.110 provides that any such lien may be foreclosed in the mannerprovided by law for foreclosure of liens for delinquent real property taxes,
c. upon determining that the tax exemption is to be canceled, the
Director shall notify the Applicant, along with any other owner of record, by certifiedrnail, return receipt requested. The Applicant may appeal the determination in
accordance with RCW 84.14.110 and KCC Section 3.25.110.8.
9, Amendments.
No rnodification of this Agreement shall be made unless mutually agreedupon by the parties in writing and unless in compliance with the provision-s of KCCsection 3.25.060.E, including but not limited to Applicant's payment of a fivehundred dollars ($5001 contract amendment fee.
10. Binding Effect.
The provisions, covenants, and conditions contained in this Agreement arebinding upon the parties hereto and their legal heirs, representatives, succ€ssors,assigns, and subsidiaries, and are intended to run with the land.
11, Recording of Aoreement.
The Director shall cause this Agreement to be recorded, at Applicant,s
expense' in the real property records of the King County Department of Records
Multifamily Housing Property Tax
Exemption Agreement
Page 5 of 10
282
and Elections, along with any other documents as will identify such terms and
conditions of eligibility for exemption as the Director deems appropriate for
recording,
L2. Audits and Inspection of Records,
Applicant understands and agrees that City has the right to audit or review
appropriate records to assure compliance with this Agreement and KCC Chapter
3.52 and to perform evaluations of the effectiveness of the rnultifamily housing
propefty tax exemption program, Applicant agrees to make appropriate records
available for review or audit upon seven (7) days'written notice by City.
13, No$ces.
All notices to be given pursuant to this Agreement shall be in writing and shall
be deemed given when hand-delivered within normal business hours, when actually
received by facsimile transmission, or two business days after having been mailed,
postage prepaid, to the parties hereto at the addresses set forth below, or to such
other place as a party may from time to time designate in writing.
APPLICANT:
Phone:
Attention:
Fax:
*1tt {,5
1CITY: City of Kent
Economlc and Community Development
220 Fourth Avenue South
Kent, WA 98032
Phone: (253) 856-5454 Fax: (253) 856-6454
Attention: Director
L4. Severabilitv.
In the event that any term or clause of this Agreement conflicts with
applicable law, such conflict shall not affect other terms of this Agreement that can
be given effect wlthout the conflicting terms or clause, and to this end, the terms of
the Agreement are declared to be severable.
Multifamily Housing Property Tax
Exemption Agreement
Page 6 of 10
283
By:
Its:
Date
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
dates indicated below.
CITY OF KETT APPLIGAi{T;
Suzq$e Cooke -,
Its:e.{ -
Date:o
Clty Attorney
Multifamily Housing Property Tax
Exemptlon Agreement
APPR,OVED AS TO FOR,I{:
Pago 7 of 10
284
STATE OF WASHINGTON
COUNfi OF KING
I certify that I know or have satisfactory evidence that Suzrtte Cookc is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the ilayor of the City of Kent to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated
Multifamily Housing Property Tax
Exemption Agreement
ss.
-Notary Seal MustAgpedr Wkhin This 9ox'
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of lVashington, resiciing al
My appointment expires
Page I of 10
285
STATE OF WASHINGTON
_ tnohorn,'s hCOUNTY OF ffiI -
I certify that I know or have satisfactory evidence that
ls the person who appeared before me, and said person
that (he/she) signed this
voluntary act for the uses
instrument and acknowledged it to be (hls/her) free and
and purposes mentloned in the instru ment.
Dated 2ot
P lciuiFfBvSpsn F'ls[€{&Es!1frc.Co-Gsqd 20t 1v{u!&Fanity rh@ng pmrdy Tsr E)en4$@ A0retrd f€rpbre doe
Multifamlly Housing property Tax
Exemptlon Agreement
)
)
)
ss
Notary publlc
Slate of Wa!hington
ROBINMCNEELY
My Appointment Exptrer Nov g. ZOlA
-Nobry Seal l,lust Appear Withtn This fux-
IN WITNESS WI'IEREOF, I have hereunto set my hand and official seal theday and year first above written.
of Washington, residing at
My appointment exptres
NOTARY PUBLIC, in and for the State
(Signature)
Page I of 10
286
II U LTIFAIIILY HOUSIilG PROPERTY
TA)( EXEIIPTION ACREEIIIENT
EXHIBIT 1
LECAL DESCRIPTION
GUIBERSONS ADD TO KENT W 8 FT OF 3 & ALL 4 TGW S 1/2 VAC ALLEY ADJ
PLat Block: 3
Plat Lot: 3
GUIBERSONS ADD TO KENT E 64 FT TGW S 1/2 VAC ALLEY ADJ
PLat Block: 3
Plat Lot: 3
GUIBERSONS ADD TO KENT 1 & W 19 FT OF 2 TGW N 1/2 VAC ALLEY ADJ
PLat Block: 3
Plat Lot: 1-2
Multifamily Housing Property Tax
Exemption Agreement
Page 10 of 10
287
E3
_
g
d
ff
i
f
f
i
5
ms
ff
i
1f
f
i
ff
i
ir
i
r-
+
;
ll
.W
il
ir
4
ff
i
i
-
ff
i
,:
t
r
_
!
-t
i
:\
r
4
:r
i
H
Rir
i
l
t
:H
,
i*
*-
i
{
i I
i6
;
,
,
i
,l
,
i
:
p,
&:
I
\
E:E:
ii
s'
g
t
ri
,:
i
E:
.
:
.
:
S-
.
t\"i
I i
iE
:
'j .1
,
\I l j \
!m7aT mo-{m m =a
s
f
,
*
,r
i
ij
.
i
if
,
+;
'-
:
,i
'
-
r'
,
'
;l
-:
,,
-
-
'i
'-
'
+r
'.
1
"t
l!
,*
-
'l
Ii
I \I
*t
l
ri
:
i-
:
-
F,
i.
,
fi
!^m(
,
F4 To
o'
n
EX4n
-,
lr
l
r
70
fr
9f
i
i
l
l-
r-
l
u
om
F=
rl
i:
1.
1
,
Jt
,
t
1.
'
l
;;
li
5
!
:
;
:
i
i
i
*
tF
i
'
-\
<
z
.l
i
:
:
-
-
\
il
i
,
,1
-
i
288
RESIDENTIAL
m
Nq?
O$
240.O0',
239.38'
FOOTPRINT
29,736 SF
Total So.Ft (tvo. floor):
29,736 sq.ft
Stall Sizes (tvp.):
Standard:
trr:Bffi
/ 4'{t
rnlfitH ai
I
(2S) 46&76
RESIDENTIAL Compact:
Barrier Free:
Total Parkino:
Standard:
Compact:
Rarriar Frae'
Percentaoes:
Standard:
Compact:
Barrier Free:
8'-6" x 18'
8'-0" x 16'
8'-6" x 18'
5I
119
q
22.4o/o
72.1o/o
5,5o/o
t r_,'
MADISON AVE
.*
Provided:
Required:
165
155
.,)q!r
;,-,- - 'l .l
f,.;N
5Lzo
U)o
n
CNoz
Weather Protection:
Required %: 80% Facades
Total Facade (Lfl: 724
724 x80o/o = 579
Required (LF): 579
Provided: 605
Required %:80o/o
83.5%Provided 7o:
RECE
l,lAR 01
EITY
PERfuI
Site Plan
\1,
2
o
u
L(t
cIr]
--\'
SEATTLE TACOMA INTERURBAN RY
(+.
289
KENT
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
WASHTNGToN
220 Fourth Avenue S.
Kent, WA 98032-5895
Date: November 8,20L7
TO: Chair Bill Boyce and Economic & Community Development Committee
FROM: Jason Garnham, PlannerRE: Marquee on Meeker Phase I - Multifamily Tax Exemption Agreement
For Meeting of November L3,2017
MOTION: Recommend Council authorize the Mayor to sign the Multifamily
Housing Property Tax Exemption Agreement with Marquee on Meeker LLC,
subject to final terms and conditions acceptable to the Economic and
Community Development Director and City Attorney.
SUMMARY: An application for a multifamily tax exemption was received by
the City on October 4, 20L7 for Phase I of the Marquee on Meeker project.
Marquee on Meeker is a mixed use development comprised of 498
residential apartment units and 12,000 square feet of commercial space in
twenty-three separate buildings, located at the existing Riverbend Par 3 golf
course on the south side of West Meeker St.
A Development Agreement establishing the terms and conditions of this
project was approved by the City Council on August L, 2017. Phase I of this
project is comprised of 2BB residential apartment units and 6,000 square
feet of commercial space in fifteen separate buildings, located on the
westernmost portion of the project site. The remainder of the Marquee on
Meeker project will be the subject of a separate Multifamily Tax Exemption
application at a later time. Applications for downtown design review and civil
construction have been submitted to the City and are currently under
review.
A multifamily tax exemption provides a limited eight-year exemption from
"ad valorem" property taxation for developments that meet the B criteria in
Kent City Code 3.25.040, which relate to the location, size, and design of the
project. Adopted by the City Council 1998 and amended in 20L6, the
purpose of the City's multifamily tax exemption is to encourage residential
development in targeted areas of the City and on vacant and underutilized
sites to reduce development pressure on single family neighborhoods and
support transit use in urban center areas.
290
KEI{T
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters
D i rector
22O4th Avenue South
Kent, WA 98032
Fax: 253-856-6454lilnaHrN6roil
o(:l
<3ucoYt
=3
fiF
PHONE: 253-856-5454
October \7, 2QI7
Mr. Brett Jacobsen
Marquee on Meeker LLC
2711 West Val ey Hwy N, #2O0
Auburn, WA 98100
RE: MARQUEE ON MEEKER PHASE I MULTIFAMILY TAX EXEMPTION APPLICATION
Dear Mr. Jacobsen:
I am writing to address your October L7,2017 Multifamily Tax Exemption (MFTE)
application for Phase I of the Marquee on Meeker project, which is comprised of 288
residential apartment units and 6,000 square feet of cornmercial space ln fifteen
sepa rate buildings, Thank you for the information you have provided, which
constitutes a complete application, Phase II of this project wilt be revlewed under a
separate Multifamily Tax Exemption application, This second phase will include the
remainder of the 498-units and 12,000 square feet of commercial retail space
described in the Development Agreement that was approved by the City Council on
August t,2AL7.
The purpose of the MFTE is to provide a limited eight year exemption from ad
valorem property taxation for multifamily housing in Kent's residential targeted
areas. This exemption is intended to stirnulate new high quality residential
construction, help direct future population growth toward downtown Kent and
promote urban residential densities conducive to transit use,
I have reviewed the application per the eligibility requirements and approval criteria
of Kent City Code 3.25 and determined that the application is eligible and compliant
with relevant requirements. As described in the application, the above-mentioned
Development Agreement and project permit documents, the project meets the
eligibility requirements found ln KCC 3.25.040, These requirements pertain to
location, tenant displacement, number of unlts, construction schedule, structured
parking and compliance with city guidelines and standards, Accordingly, I have
determined that the application is approved.
The next step in the MFTE process is entering into a contract with the City that
addresses the terms and conditions of the project under Kent City Code 3.25. I
have enclosed a draft contract for your review.
Once the contract is approved by the City Council and signed by the Mayor, a
conditional certificate of acceptance of tax exemption will be issued. This certificate
Mnvon SuzerrE Coo<r
City of Kent Economic & Community Development
291
Mr, Brett Jacobsen
Page 2
will be valid for three years, while the project is under construction, Once the
project is cornpleted, a final certificate application and annual reporting will also be
required per KCC 3.25.
Again, thank you for your application, Please continue to work with staff towards
completing the remaining steps in the process,
Best Regard
&^
Ben Wolters
Economic & Community Development Director
encl I draft MFTE contract
cc: Charlene Anderson, AICP, Planning Manager
Matt Gllbeft/ AICP, Current Planning Manager
Adam Long, Asslstant City Attorney
292
MULTIFAMILY HOUSING PROPERTY TAX EXEMPTION
AGREEM ENT
THIS MULTIFAMILY HOUSING PROPERTY TAX AGREEMENT (hereinafter
"Agreement") is entered into on the last date signed below, by and between
MA€AU€€ Stl }AE€F€A LLC (hereinafter "Applicant"), and the CITY OF
1
KENT, a municipal corporation (hereinafter "City").
Recitals
Applicant has applied to City for a limited property tax exemption as provided
for in Chapter 84.L4 RCW and Chapter 3.25, Kent City Code ("KCC") for
multifamily residential housing located in the residential targeted area, as
defined in KCC Section 3.25.020, and the Director of Economic and
Community Development (hereinafter "Director") has approved the
application; and
2. Applicant has submitted to City preliminary site plans and floor plans for new
as part of a mixed-use projectrb\ 1v\56y5ffi-hereinafter "Project") on
property located at '2la-w fv\5"I Kent, Washington, and
more fully described in Exhibit 1 attached hereto, (hereinafter "Property");
and
3. Applicant is the owner of the Property; and
multifamily
known as
housin I units to be constructed
4 City has determined that the Project will, if developed as proposed, satisfy
the requirements for a final certificate of tax exemption.
NOW, THEREFORE, in consideration of the mutual promises herein, City and
Applicant do mutually agree as foliows:
1. Conditional Certificate of Acceptance of Tax Exemption
City agrees/ upon execution of this Agreement, and subject to approval by
the City Council, to issue a conditional certificate of acceptance of tax exemption
(hereinafter "Conditional Certificate"), which shall expire three (3) years from the
date of approval of this Agreement by the City Council, unless extended by the
Director, or his or her designee, as provided in KCC Section 3.25.070,
2 Anroernanf tn (^nnctrr ref Mr rlfifarnilrr l'-lnr rcinn
a. Applicant agrees to construct the Project on the Property substantially
as described in the site plans and floor plans on file with the City's Economic and
Multifamily Housing Property Tax
Exemption Agreement
Page 1 of 10
293
d, A statement that the Project was completed within the required three-
(3) year period or any authorized extension, and documentation that the Project
was completed in compliance with the terms of this Agreement;
e. Any further information that the Director deems necessary or useful,
pursuant to Chapter 84.L4 RCW or KCC Chapter 3.25, to evaluate the Project's
eligibility for the Final Certificate.
4. Agreement to Issue Final Certificate of Tax Exemption.
City agrees to file a Final Certificate with the King County Assessor within
forty (a0) days of submission by the Applicant of all materials required by
paragraph 3 above, if Applicant has:
a. Successfully completed the Project in accordance with the terms of this
Agreement and KCC Chapter 3.25;
b. Filed a request for a Final Certificate with the Director and submitted
the materials described in paragraph 3 above;
c Paid to City a fee in the amount of one thousand dollars ($1,000); and
d. Met all other requirements provided in KCC Chapter 3.25 for issuance
of the Final Certificate.
5. Annual Certification and Report
Within thirty (30) days after the first anniversary of the date City issued the
Final Certificate and each year thereafter for a period of eight (8) years, Applicant
agrees to file a notarized declaration and annual report with the Director. The
report shall contain such information as required by RCW 84.14 and as the Director
may deem necessary or useful, and shall at a minimum include the following:
a. A statement of the occupancy and vacancy of the multifamily housing
units during the twelve (12) months ending with the anniversary date;
b, A certification that the multifamily housing units, Project, and Property
have not changed use since the date the City issued the Final Certificate;
c. A statement that the multifamily housing units, Project, and Property
continue to be in compliance with this Agreement and the requirements of RCW
84.L4 and KCC Chapter 3.25;
Multifamily Housing Property Tax
Exemption Agreement
Page 3 of 10
294
Agreement or with the requirements of KCC Chapter 3.52, or for any other reason
no longer qualifies for a property tax exemption.
b, If the property tax exemption is canceled for non-compliance,
Applicant acknowledges that state law requires that an additional real property tax
is to be imposed in the amount of: [1] the difference between the property tax paid
and the property tax that would have been paid if it had included the value of the
nonqualifying improvements, dated back to the date that the improvements became
nonqualifying; [2] a penalty of twenty percent (20o/o) of the difference calculated
under (1) of this subsection b; and [3] interest at the statutory rate charged on
delinquent property taxes, calculated from the last date the tax could have been
paid without penalty if the improvements had been assessed without regard to the
exemptions provided by Chapter 84.L4 RCW and KCC Chapter 3.52, Applicant
acknowledges that, pursuant to RCW 84.L4.110, any additional tax owed, together
with interest and penalty, shall become a lien on the Property and attach at the
time the Property or portion of the Property is removed from multifamily housing
use, and that the lien has priority to and must be fully paid and satisfied before a
recognizance, mortgdge, judgment, debt, obligation, or responsibility to or with
which the Property may become charged or liable. Applicant further acknowledges
that RCW 84.L4.110 provides that any such lien may be foreclosed in the manner
provided by law for foreclosure of liens for delinquent real property taxes,
c. Upon determining that the tax exemption is to be canceled, the
Director shall notify the Applicant, along with any other owner of record, by certified
mail, return receipt requested. The Applicant may appeal the determination in
accordance with RCW 84,14.110 and KCC Section 3.25.110.8.
9. Amendments.
No modification of this Agreement shall be made unless mutually agreed
upon by the parties in writing and unless in compliance with the provisions of KCC
Section 3.25.060,E, including but not limited to Applicant's payment of a five
hundred dollars ($500) contract amendment fee.
10. Binding Effect,
The provisions, covenants, and conditions contained in this Agreement are
binding upon the parties hereto and their legal heirs/ representatives, successorsr
assigns, and subsidiaries, and are intended to run with the land.
11. Recording of Agreement.
The Director shall cause this Agreement to be recorded, at Applicant's
expense, in the real property records of the King County Department of Records
Multifamily Housing Property Tax
Exemption Agreement
Page 5 of 10
295
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
dates indicated below,
CITY OF KENT P
By: Suzette Cooke By:
Its:Its:Mavor
Date:Date:
APPROVED AS TO FORM:
City Attorney
Multifamily Housing Property Tax
Exemption Agreement
Page 7 of 10
296
STATE OF WASHINGTON
COUNW OF KING
I certify that I know or have satisfactory evidence that Bp€"tt JftL[)gi(€i*
that he)
is the person who appeared before me, and said pe
signed this instrument and acknowledged it to be
for the uses and purposes mentioned in the instrume
Dated 2\
P:\Civil\Files\Op6n Filss\064E-E6nomic-CD-G€n6ral 2011\tvlulti-Family Housing Property Tax Exemption Agre€menl Template.doc
Multifamily Housing Property Tax
Exemption Agreement
)
)
)
SS
vol untary act
rsol acknowledged
@/t'''ur) free and
nt,
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
(natu )
NOTARY UBLIC,in and for th State
of Washington, residing at
My appointment expires
Nottr.Y Public
Statc of Weshin$on
ELISE LEFEBVRE
MY COMMISSION EXPIRES
06t15t2020
Page 9 of 10
297
stucl cilrNc
STRAZZARA
298
Londscape Site PIon
e
a
(Is
@
J
o
6
I6
I
--i1J---
E*'E'r/o'e*6
'nr'e.q/-re
tue''rus'|/tu
l\'-t )
s':AFBGt/R4ry
@r'fts/*f.9+r!Y
'erq''s/Fgl.N
@*Ebr/wr
I
299
FFederal ederal Way Link Extension ay Link Extension
Project Corridor and Station Parking
300
How is the project
ridership generated?
PSRC and Local Jurisdictions
Future Land Uses and Travel Demand Models1CORRIDOR LEVEL
Future Roadway System and Transit Service2+
Sound Transit Ridership Model3
Project Corridor
Ridership Forecast and Mode Share4
1
301
FEDERAL WAY
LINK EXTENSION
KENT/DES MOINES
STATION AREA
S 272ND STREET
STATION AREA
FEDERAL WAY TRANSIT CENTER
STATION AREA
TUKWILA
KENT
DES MOINES
FEDERAL WAY
AUBURN
SEATAC
SEATAC
AIRPORT
Federal Way
Link Extension Parking
Total
Federal Way
Link Extension
Parking
S 272nd St Station Area2551 Spaces
Federal Way Transit Center Station Area3400 Spaces
Kent/Des Moines Station Area1500 Spaces
1,451 Spaces
S
1
2
3
Existing South Corridor
Parking
Tukwila International Blvd Station4600 Spaces
Angle Lake Station51,120 Spaces
Star Lake Park & Ride6549 Spaces
Federal Way Transit Center71,192 Spaces
Total Existing
South Corridor
Parking
Federal Way/S 320th Park & Ride8877 Spaces
4,338 Spaces
4
5
7
8
6
5,789 Spaces
Total South Corridor
Parking in 2024
5
99
5
405
99
167
167
DRAFT
For discussion purposes only.
2
302
FEDERAL WAY
LINK EXTENSION
KENT/DES MOINES
STATION AREA
KENT
DES MOINES
FEDERAL WAY
AUBURN
PUYALLUP
SUMNER
TACOMA
Tacoma Dome
Link Extension Parking
Total
Tacoma Dome
Link Extension
Parking
Fife Station Area2500 Spaces
Tacoma Dome Station Area (existing)3 2,283 Spaces
South Federal Way Station Area1500 Spaces
3,283 Spaces
1
223 5,789 Spaces
Total South Corridor
Parking in 2024
9,072 Spaces
Total South Corridor
Parking in 2030
5
5
599
303
SOUND TRANSIT SYSTEM PARKING
NORTH
Total Park & Ride Spaces
Number of Stations 7
Number of Stations
with Parking 5
4,240
CENTRAL
Total Park & Ride Spaces
Number of Stations 13
Number of Stations
with Parking NONE
NONE
SOUTH
Total Park & Ride Spaces
Number of Stations 6
Number of Stations
with Parking 5
4,912
TACOMA DOME LINK EXTENSION
Total Park & Ride Spaces
Number of Stations 4
Number of Stations
with Parking 3
3,283
EAST
Total Park & Ride Spaces
Number of Stations 12
Number of Stations
with Parking 5
3,967
SEATTLE
MERCER
ISLAND
SHORELINE
REDMOND
KIRKLAND
LYNNWOOD
RENTON
TUKWILA
KENT
DES MOINES
FEDERAL WAY
PUGET
SOUND
SEATAC
LAKE
WASHINGTON
LAKE
SAMMAMISH
BELLEVUE
EDMONDS
MOUNTLAKE TERRACE
TACOMA
304
4
2014
2015
2016
2016
2016
2017
Parking methodology reviewed with FWLE Interagency Working Group
Proposed parking included in Draft EIS
Updated parking analysis for Final EIS & Station Stakeholder Workshops
Confirmed station parking supply
Final EIS published
Record of Decision
305
306
FWLE: Kent theme discussion
Economic & Community Development Committee
November 13, 2017
307
City of Kent HCT theme code requirement:
15.15.110 Station design – architectural
expression
…to ensure that HCT station facilities, associated
site furnishings, and public art are designed as
an expression of community identity…
308
Kent –Des Moines Station:
at 30th Ave S & S 236th St
309
Kent –Des Moines Station:
Serving Highline College
310
Northwest Modern Urban Village:
Dense urban design that is an active pedestrian experience that expands from the
station area into the surrounding development, streets and plazas.
CONFLUENCE:
A weaving together of People, Places and Ideas.
311
Northwest Modern Urban Village:
CONFLUENCE:
A weaving together of People, Places and Ideas.
312
Northwest Modern Urban Village:
CONFLUENCE:
A weaving together of People, Places and Ideas.
313
S. 272nd St. Station:
At S 272nd St & I‐5
314
S. 272nd St. Station:
The Forest Edge near homes
315
Northwest Modern Suburban:
Design that is scaled to complement neighborhoods and the vehicular experience,
while bringing focus pedestrian design at the station areas.
Luminescence:
A warm welcoming glow at the edge of the forest.
316
Northwest Modern Suburban:
Luminescence:
A warm welcoming glow at the edge of the forest.
317
Northwest Modern Suburban:
Luminescence:
A warm welcoming glow at the edge of the forest.
318
Building forms typically include: exposed post and beam framing as the design feature, overhangs, glowing
warmth from within, complementary mixing of natural materials with industrial materials, large openings with
glass infill, simple rectilinear spaces that stack and layer to create depth, and is integral with Sustainability.
Northwest Modernism
319
Where design themes can be applied:
Architectural design – structure and expression
320
Where design themes can be applied:
Entry materials, art, color, texture….
321
Where design themes can be applied:
Hardscape and Landscape
322
Where design themes can be applied:
Lighting, electric and natural
323
Kent/Des Moines Link Station Area
Recommended
Theme Discussion
11.13.17 DRAFT FOR ECDC PRESENTATION & DISCUSSION 1
324
S 272nd St. Station Area
Recommended
Theme Discussion
11.13.17 DRAFT FOR ECDC PRESENTATION & DISCUSSION 2
325
NORTHWEST MODERN DESIGN
Recommended
Theme Discussion
11.13.17 DRAFT FOR ECDC PRESENTATION & DISCUSSION 3
326
APPLICATION OF THEME
Recommended
Theme Discussion
11.13.17 DRAFT FOR ECDC PRESENTATION & DISCUSSION 4
327
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
Date November 9, 2017
TO: Chair Bill Boyce and the Economic and Community Development `
Committee Members
FROM: Michelle Wilmot, Economic Development
RE: Commercial/Retail Trends
Information Only
SUMMARY: With the desire for up-to-date mixed use regulations comes the need
for a better understanding of commercial trends. Staff will discuss what prospective
tenants were looking for in the past and how our development regulations catered
to that—and how those desires have changed. The internet era has greatly
impacted how prospective tenants and developers think about commercial space,
and the need for customer density within a small area is just one aspect to consider
in this new landscape. Staff will discuss how place making investments and
experiential retail are shaping the future face of retail.
BUDGET IMPACT: None
BE:pm P:\Planning\Hayley\Urban Design, Mixed Use\ECDC Update 10.9.17.docx
Enc:
cc: Ben Wolters, Economic & Community Development Director
Charlene Anderson, AICP, Planning Manager
328
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
Date: November 9, 2017
TO: Chair Bill Boyce and Economic & Community Development Committee
FROM: Matt Gilbert, Current Planning Manager
RE: Rental Housing Inspection Program
For Meeting of November 13, 2017
SUMMARY: City staff have worked closely with Futurewise and Living Well Kent to
develop a draft policy for the Rental Housing Inspection program. After a summer of
intensive public outreach, the team is preparing to share the draft with stakeholders
and Kent residents who attended the outreach events and gave valuable input. Staff
and the consultant team will be at the November 13th meeting to review the draft
policy with the ECDC and discuss next steps in the process.
BUDGET IMPACT: N/A
MOTION: Information Only
329