Loading...
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