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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 10/23/2017 (2)Unless otherwise noted, the Land Use and Planning Board meets at 7 p.m. on the second and fourth Mondays of each month in Kent City Hall, Council Chambers East, 220 Fourth Ave S, Kent, WA 98032. The public is invited to attend and all interested persons will have an opportunity to speak at the public hearing, provided, however, that comments shall be limited to only those items for which the public hearing is being held. Any person wishing to submit oral or written comments on the proposed amendments under consideration at the public hearing may do so at the hearing or prior to the hearing by email to Charlene Anderson at: canderson@kentwa.gov. Documents pertaining to the Land Use and Planning Board may be accessed at the City’s website: http://kentwa.iqm2.com/citizens/Default.aspx?DepartmentID=1004. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253 - 856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. Land Use and Planning Board Hearing Agenda Board Members: Katherine Jones, Chair; Jack Ottini, Vice Chair; Shane Amodei; Frank Cornelius; Dale Hartman; Paul Hintz; Randall Smith October 23, 2017 7 p.m. Item Description Action Speaker Time Page 1.Call to order YES Chair Jones 1 min 2.Roll call YES Chair Jones 1 min 3.Approval of Minutes, 8-28-17 YES Chair Jones 1 min 4.Added items YES Chair Jones 1 min 5.Communications YES Chair Jones 1 min 6.Notice of upcoming meetings YES Chair Jones 1 min 7.PUBLIC HEARING: 2016 Docketed Code Amendments YES Charlene Anderson 60 min 3 8.PUBLIC HEARING: Code Amendment Alternatives for Community Health Engagement Locations (CHELs) YES Danielle Butsick 55 min 141 9.Adjournment YES Chair Jones 1 Land Use and Planning Board August 28, 2017 Minutes Kent, Washington Pending Approval Page 1 of 2 Date: August 28, 2017 Time: 7:00 p.m. Place: Council Chambers Attending: Katherine Jones, Chair; Jack Ottini, Vice Chair; Shane Amodei; Dale Hartman; Paul Hintz; Randall Smith; Charlene Anderson, AICP, Long Range Planning Manager; Danielle Butsick, Long Range Planner; Matt Gilbert, Current Planning Manager; Adam Long, Assistant City Attorney Agenda: 1.Call to Order Chair Katherine Jones called the meeting to order at 7:00 pm. 2.Roll Call 3.Approval of Minutes Board Member Smith Moved and Board Member Hartman Seconded a Motion to Approve the minutes of May 8, 2017. Motion Passed 5-0. 4. Added Items None 5. Communications None 6. Notice of Upcoming Meetings None 7. Public Hearing Final Plat Approval Amendment [ZCA-2017-3] Gilbert presented a proposal to consider amending the current approval process for final plats. He stated that as the Current Planning Manager, he is responsible for implementation of the City’s zoning and subdivision codes. He described the existing process for final plat approval. First, public is notified of the plat application and is given an opportunity to provide comments. The Hearing Examiner then creates a decision document with conditions of approval in order to implement City Code through the collaboration of staff recommendation and public comment. Next, Developer must implement conditions during the development process. Staff reviews engineering plans from applicant to ensure compliance with conditions set forth, both through Hearing Examiner and zoning requirements, and site visits occur. Staff is highly involved in this phase. Finally, once all of the conditions have been met, the Developer prepares to file a final plat document for county recordation, once City Council has granted final approval. At this point, the utilities are in, the wetlands have been flagged (if any), and the roads and sidewalks have been completed. 1 Land Use and Planning Board August 28, 2017 Minutes Kent, Washington Pending Approval Page 2 of 2 The final plat document goes before the City Council for final approval after all of the work has been done, and the lots are ready for building. Again, staff has already done an extensive review of the documents and has made site visits during the previous process to ensure compliance with the requirements of the zoning code and Hearing Examiner. Preparation for the final plat approval by City Council involves many hours of staff time and resources, as well as weeks of lead time. Recent state legislation granted cities the ability to delegate council approval to the staff level, which in this case, is the planning manager. Gilbert, the Current Planning Manager, presently has the authority to approve short plats, less than 10 lots. Chair Jones Opened the Public Hearing. Seeing no speakers, Chair Jones closed the public hearing and called for a motion. Board Member Smith MOVED and Board Member Jones Seconded a Motion to recommend to the City Council Approval of the proposed amendments to the Zoning Code as presented by Staff. Jones Called for a Vote. Motion Passed 6-0. Cheryl Trimble Administrative Assistant I Economic and Community Development August 28, 2017 2 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. 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: Docket 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. 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. 3 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 corrects 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’re 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. 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. 4 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 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 or 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. 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 5 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 6  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. 7 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 8 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, … 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 Docket No. B.1. The correction is included in this 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 zoning code to contain regulations related to critical areas, and those regulations in the zoning code were repealed. The repeal did not include related definitions in the zoning code nor did it correct other references to the repealed sections of the zoning code. Appropriate code definitions and references 9 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 options for dumpster space for recycling and composting in multifamily developments. The city is postponing code amendments pertaining to dumpster space until review and consideration of amendments approved at the county level. G. On March 6, 2007, the city 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 noted in the recitals of that ordinance, the outcomes heard through extensive public outreach included reducing visual monotony, creating additional space between buildings, improving building aesthetics and reducing perceived over- crowding. Docket Nos. B.5 and B.6 considered whether the side yard setbacks and application of residential 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 engaged the services of the Urban Land Institute Technical Assistance Panel (“panel”) to consider which light rail station locations in the Midway area would best support transit-oriented development and related economic and environmental benefits envisioned 10 in the Midway Subarea 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 feet. 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 districts 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 prohibiting the establishment of residential medical marijuana patient cooperatives in all zoning districts of the city. Further 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 when there are four to nine. Residents had expressed concern that rounding in some 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 achieved densities in accordance with the Growth Management Act and offset additional requirements imposed on subdivisions as a result of new residential development standards. 11 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 expressed concerns about the City’s public notice procedures. At their May 8, 2017 meeting, 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. O. On September 20July XXX, 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 October 9XXXX, 2017. P. On October 6July XXX, 2017, the city’s SEPA responsible official issued a Determination of Nonsignificance for the code amendmentsXXXX. Q. 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 October 23XXXX, 2017 to consider the proposed code amendments and forwarded their recommendation to the city council. R. On XXXX, 2017, the economic and community development committee considered the recommendation of the board and made a recommendation to the full city council. 12 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 rate 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 actual amount of costs of enforcement by the city of the provisions of Chapter 9.46 RCW; 3. For punch boards and pull-tabs for bona fide charitable or nonprofit organizations and for commercial stimulant operators, a tax rate of ten (10) percent based on the gross receipts from the operation of the games less the amount awarded as cash or merchandise prizes; 13 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) percent of the gross revenue from those games. B. Definitions. For the purposes of this chapter, the words and terms used herein shall have the same meaning given to each pursuant to Chapter 9.46 RCW, as same exist or may from time to time be amended; and as set forth under the rules of the Washington State Gambling Commission, WAC Title 230, as the same 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 games when such activities or any 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 management personnel and has gross receipts from bingo or amusement games, or any combination thereof, not exceeding five thousand dollars ($5,000) per year less the amount awarded as cash or merchandise prizes. For raffles 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 card games – Prohibited – Exceptions. Pursuant to RCW 9.46.295 and to the city’s police power and legislative authority, the operation or conduct of social card games by any person, association, or organization as a commercial stimulant, as defined in Chapter 9.46 RCW, is prohibited within the city of Kent; provided, that house-banked social card game establishments licensed by the Washington State Gambling Comment [c1]: See below options to this section. 14 Commission, lawfully operating in an area 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 another location within the same annexation area; provided, however, that a relocated establishment must otherwise comply with applicable land use and Gambling Commission regulations. It is further provided that bona fide 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 violation of this section shall not be subject to KCC 1.01.140. OPTION A: Maintain prohibition of house-banked social card games except house- banked social card game establishments operating in an area annexed by the city of Kent. OPTION B: Remove prohibition on house-banked card rooms, subject to the rest of Ch. 3.21 KCC. Keep the provision allowing bona fide charitable or nonprofit organizations to operate social card games. OPTION C: - Staff Recommendation Remove prohibition on house-banked card rooms and allow them in zoning districts as specified in Ch. 15 KCC, subject to the provisions of Ch. 3.21 KCC. Formatted: Highlight Formatted: Highlight Formatted: Highlight 15 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 rules and regulations 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 by this chapter, any person, association, or organization intending to conduct or operate any gambling activity authorized by RCW 9.46.010 et seq. shall, prior to commencement of any such activity, file with the finance director a sworn declaration of intent to conduct or operate such activity, together with a copy of the license issued in accordance with RCW 9.46.010 et seq. Thereafter, for any period covered by such state license or any renewal thereof, any person, association, or organization 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 reporting and payment. Except as provided in subsection (B) of this section for taxes 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. 16 1. Whenever any person, 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 director, after not less than ten (10) days’ notice 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. 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 that event, the tax remittance, together with the return forms, shall be made on or before the final day of the month immediately after the month in which the tax accrued. 1. Whenever any person, 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, 17 the finance director, after not less than ten (10) days’ notice 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 by this chapter shall be the responsibility of the finance director. Remittance of the amount due shall be accompanied by a completed return form prescribed and provided by the finance director. The taxpayer shall be required to swear and affirm that the information given in the return is true, accurate, and complete. B. The finance director is authorized, 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 director shall have 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 form, a copy of the taxpayer’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 deemed paid until the draft, credit card, or check is 18 honored in the usual course of business, nor shall the acceptance of any sum by the finance director be an acquittance 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 the office of the finance director after notation by the finance director upon the return of the amount actually received from the taxpayer. 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 quarterly period in which the tax 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 which the tax accrued, twenty (20) percent of the total tax due with a minimum penalty 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 accrued shall be deemed to be both a criminal and civil violation of this chapter. 19 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 monthly period, until all past due amounts are paid in full. Sec. 3.21.050. Records required. A. Each person, association, or organization engaging in an activity taxable under this chapter shall maintain records respecting that activity which truly, completely, and accurately disclose all information necessary to determine the taxpayer’s tax liability hereunder during each 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 items required to be kept 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 may examine them conveniently, the taxpayer shall either: 20 1. Produce and make available for inspection in this jurisdiction all of the required books, records, or other items within ten (10) days following a request by the auditor that he do so; 2. Bear the actual cost of inspection by the auditor or his designee at the location of which books, records or items are located; provided, that a taxpayer choosing to bear these costs shall pay in advance to the finance director the estimated costs thereof, including but not limited to, round trip fare by the most rapid means, lodging, meals, and incidental expenses. The actual 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 without this jurisdiction, in addition to being subject to other civil and criminal penalties provided by this chapter, shall be subject to a jeopardy fee or tax assessment by the auditor 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 total 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 examination 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 audit, or in the absence of such an application, within 21 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 amounts due to the city within such 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 be allowed for any excess paid more than three (3) years before 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, showing 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 authorized to determine 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. 22 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 unlawful to violate or fail to comply with any such rule or regulation. 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 outstanding debts, or it may seek collection by court proceedings, which remedies shall be in addition to all other 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 become a lien upon personal and real property used in the gambling activity in the same manner as provided 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 priority against real and 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 this chapter, or who shall wilfully disobey any rule or regulation promulgated by the city council under this chapter, shall be guilty of a misdemeanor 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 ($250) or by both such fine and imprisonment. Any such fine shall be in addition to the tax required. Officers, directors, and managers of any organization conducting 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. 23 SECTION 2. – Amendment. Chapter 12.01 of the Kent City Code, entitled “Administration of Development Regulations” is amended as follows: Sec. 12.01.145 Notice of open record hearing. 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 the affected property, which may be in the 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 persons may appear and provide testimony; 6. When and where information may be examined, 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 representative to contact and the telephone number where additional information may be obtained; 24 8. That a copy of the application, all documents and evidence relied upon by the applicant and applicable 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 provided at the cost provided for in the city’s public record disclosure policy. B. Mailed notice of open record hearing. Mailed notice of the open record hearing shall be provided by the city in hard 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 property owners within two hundred (200) feet. Shoreline permit notices shall be in accordance with the requirements of WAC 173-27-110. 2. Process III and IV actions. The notice of 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 subject property; and c. Any person who submits written comments, delivered to the planning services office, regarding the project permit. 25 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 plat of a proposed subdivision located adjacent to the right-of-way of a state highway or within two (2) miles of the boundary of a state or municipal airport shall be 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 deems necessary. Adjacent land owners are the owners of real property, as shown by the records of the King County assessor, located within three hundred (300) feet of any portion of the boundary of the proposed 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 under 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; 26 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 record hearing shall be given by notification of all property owners within the revised land use plan map amendment area. C. Procedure for posted or published notice of open record hearing. 1. Posted notice of the open record hearing is required 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 open 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 provided 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 27 e. Location where the complete application may be reviewed. 3. Published notice of the open record 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. D. Time of notice of open record hearing. Notice shall be mailed, posted and first published not less than ten (10) calendar days prior to the hearing date. Any posted notice and notice boards shall be removed by the applicant within seven (7) calendar days following the conclusion of the open record hearing(s). Option A: - Staff Recommendation 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 B: Increase the mailing radius for all application types to 500 feet. Option C: Keep existing mailing radii. SECTION 3. – New Section. Chapter 12.01 of the Kent City Code, entitled “Administration of Development Regulations” is amended to add a new section as follows: Formatted: Highlight 28 Option A: Post on-site and mail a Notice of Construction for all residential plats and short plats. Option B: 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 C: - Staff Recommendation Do not issue a Notice of Construction. SECTION 4. – New Section. Chapter 12.01 of the Kent City Code, entitled “Administration of Development Regulations” is amended to add a new section as follows: Option A: Require applicants to hold a neighborhood meeting prior to the public hearing for residential plats. Option B: - Staff Recommendation 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. SECTION 5. – Amendment. Chapter 12.04 of the Kent City Code, entitled “Subdivisions, Binding Site Plans, and Lot Line Adjustments” is amended as follows: Sec. 12.04.227 Procedure for alteration of a subdivision or short subdivision. Formatted: Highlight Formatted: Highlight 29 A. An applicant requesting to alter a subdivision or short subdivision or any portion thereof, except as provided in KCC 12.04.230, shall submit a plat alteration application to the permit center. The 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, tracts, 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 minor or major alteration. Major alterations are those that are not in response to staff review or public 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, or other similar requirements or provisions. Minor alterations are those that make minor changes to engineering design or lot dimensions, decrease the number of lots to be created, or increase open space, or other similar minor changes. Major alterations shall be treated as new applications for purposes of vesting. Option A: - Staff Recommendation Require a major plat alteration for substantial changes in access points, but allow major plat alterations to retain their vesting. Option B: Require a major plat alteration for substantial changes in access points, but do not allow major plat alterations to retain their vesting. Option C: Do not revise the subdivision code. Formatted: Highlight 30 C. If the subdivision or short subdivision is subject 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 parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or short subdivision or any portion thereof. D. If the alteration is requested prior to final plat or final short plat review and signature, a minor alteration may be approved with consent of the planning and the public works directors. A major plat or short plat alteration shall require consent of the short subdivision committee for short subdivisions or the hearing examiner for subdivisions 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 property 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 proposed alteration constitutes a minor or major 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 final 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 city council for subdivisions. 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 required by the original application. The notice shall establish a date for a public meeting or hearing. 31 F. If the alteration is requested after filing the final plat or final short plat with King County, a minor plat or short plat alteration may be approved with consent of the short subdivision committee in the case of short subdivisions or the city council 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 required by the subdivision or short subdivision plat application. The notice shall establish a date for a public meeting or hearing. G. The city shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between adjacent properties. H. After approval of the alteration, the city shall order the applicant to produce a revised drawing of the approved alteration of the subdivision or short subdivision, which after signature the final plat or final short plat shall be filed with King County to become 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. 32 SECTION 6. – Amendment. Chapter 15.02 of the Kent City Code is amended as follows: Add new 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 licensed by the Washington State Gambling Commission that is ancillary to a permitted use where food and beverages are served on the premises and whose purpose is to serve as a commercial stimulant to the principal activities associated with the primary use. Add new Sec. 15.02.071.1 Casino, mini. Mini-casino means a business which provides gambling and gaming as a primary source of its revenue, which may include food and beverage sales for consumption on the premises as a secondary part of its business activity. Add new Sec. 15.02.153 Gaming/Gambling Facilities, Not- For-Profit. Not-for-profit gaming or gambling facility means a facility operated by a not-for-profit entity where any type of gaming or gambling is the primary attraction. SECTION 7. – Repealer. Section 15.02.092 of the Kent City Code entitled “Creeks, major” is hereby repealed in its entirety. Sec. 15.02.092 Creeks, major[Reserved]. The following are major creeks identified by the city: A. Mill Creek. Formatted: Highlight Formatted: Font: Italic, Highlight Formatted: Font: Italic, Highlight Formatted: Font: Italic Formatted: Strikethrough Formatted: Strikethrough, Highlight Formatted: Strikethrough, Highlight Formatted: Indent: First line: 0.5" Formatted: Indent: First line: 0.5" Formatted: Font: Not Bold, Strikethrough Formatted: Not Highlight 33 B. Garrison Creek and its tributaries. C. Springbrook Creek. D. Johnson Creek. E. Midway Creek. F. Star Lake Creek. G. Bingaman Creek. H. Mullen Slough. I. Mill Creek (Auburn). J. West Branch Big Soos Creek and tributaries. The location of these creeks is identified on the map entitled “Hazard Area Development Limitations,” as described in KCC 15.08.222. SECTION 8. – Repealer. Section 15.02.093 of the Kent City Code entitled “Creeks, minor,” is hereby repealed in its entirety. Sec. 15.02.093 Creeks, minor[Reserved]. Minor creeks : a course or route as formed by nature, or as altered by human activity, and generally consisting of a channel with a bed, banks, or sides substantially throughout its length along which surface waters, with some regularity, naturally and normally flow or drain from high to lower lands. The location of these creks is identified on the map entitled “Hazard Area Development Limitations” as described in KCC 15.08.222. SECTION 9. – Amendment. Section 15.02.096 of the Kent City Code 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 number 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 Formatted: Not Highlight Formatted: Font: Italic Formatted: Not Highlight Formatted: Not Highlight 34 may be included in the calculation. If calculations result in less than one full lot or unit, the fraction shall be rounded to the nearest 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 .85 and above shall be rounded up, and fractions below .85 shall be rounded down. C. For seven (7) to nine (9) lots or dwelling units, fractions of .75 and above shall be rounded up, and fractions below .75 shall be rounded down. D. For ten (10) or more lots or dwelling units, fractions above .50 shall be rounded up, and fractions .50 and below shall be rounded down. OPTION A: Keep existing regulations on rounding. OPTION B: Delete B and C, Amend D to allow rounding for four or more lots. For tenfour (10) or more lots or dwelling units, fractions above .50 shall be rounded up, and fractions .50 and below shall be rounded down. OPTION C: Staff Recommendation Allow rounding in all cases, where fractions above .50 shall be rounded up, and fractions .50 and below shall be rounded down. SECTION 10. –Repealer. Section 15.02.112 of the Kent City Code entitled “Drainage ditch,” is hereby repealed in its entirety. Formatted: Highlight 35 Sec. 15.02.112 [Reserved]Drainage ditch. Drainage ditch means a manmade channel with a bed, bank, or sides which discharges surface waters into a major or minor creek, lake, pond, or wetland. SECTION 11. – Repealer. Section 15.02.132 of the Kent City Code entitled “Erosion hazard areas,” is hereby repealed in its entirety: Sec. 15.02.132 [Reserved]Erosion hazard areas. Erosion hazard areas are defined as follows: A. Class 1 erosion hazard areas. Class 1 erosion hazard areas means all areas of the city other than class 2 or 3 erosion hazard areas. These areas are areas where no development limitations are deemed necessary, except where described under Chapter 15.04 KCC pertaining to district regulations. B. Class 2 erosion hazard areas. Class 2erosion hazard areas means all soild mapped by the Soil Conservation Service as having moderate to severe erosion hazard potential. These soils in the city include Arents, Alderwood materials (AmC), Alderwood gravelly sandy loam (AgC), and Everett gravelly sandy loam (EvD). C. Class 3 erosion hazard areas. Class 3 erosion hazard areas means all soild mapped by the Soil Conservation Service as having a severe to very severe erosion hazard potential. These soils in the city include Alderwood gravelly sandy loam (Agd) and Alderwood Kitsap soil (AKF). The Soil Conservation Service maps referenced in this section are on file with the city clerk. SECTION 12. – Repealer. Section 15.02.222 of the Kent City Code entitled “Landslide areas,” is hereby repealed in its entirety. Sec. 15.02.222 [Reserved]Landslide areas. Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Font: Italic Formatted: Not Highlight Formatted: Normal, No bullets or numbering Formatted: Normal, Indent: Left: 0" Formatted: Not Highlight Formatted: Not Highlight 36 A. Class 1 landslide areas. Class 1 landslide areas means all areas of the city other than class 2 or 3 landslide hazard areas. These areas are areas where no development limitations are deemed necessary, except where described under Chapter 15.04 KCC pertaining to district regulations. B. Class 2 landslide areas. Class 2 landslide areas menas areas with slopes of fifteen (15) percent or greater with permeable subsurface material (predominantly sand and gravel) to base level. C. Class 3 landslide areas. Class 3 landslide hazard areas means those areas subject to a severe risk of landslide, due to the combination of: (a) impermeable subsurface material (typically silt and clay) sometimes interbedded with permeable subsurface material (predominantly wet sand and gravel) between the top and base (foot) elevations, and (c) characterized by springs or seeping groundwater during the wet season (November to February). These areas include both active and currently inactive slides. SECTION 13. – Repealer. Section 15.02.337 of the Kent City Code entitled “Ravine,” is hereby repealed in its entirety. Sec. 15.02.337 [Reserved]Ravine. Ravine means an area constituting a “young valley” which contains a major or minor creek. It includes the bottom land of the ravine and the ravine sidewalls to a point where the slopes are less than fifteen (15) percent. See the following illustration. SECTION 14. – Repealer. Section 15.02.342 of the Kent City Code entitled “Seismic hazard areas,” is hereby repealed in its entirety: Sec. 15.02.342 [Reserved]Seismic hazard areas. Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight 37 A. Class 1 seismic hazard areas. Class 1 seismic hazard areas means all areas of the city other than class 2 or 3 seismic hazard areas. These areas are areas where no development limitations are deemed necessary, except where described under Chapter 15.04 KCC pertaining to district regulations. B. Class 2 seismic hazard areas. Class 2 seismic hazard areas means those areas where soild are characterized by moderately well- drained alluvium and glacial outwash of moderate density. C. Class 3 seismic hazard areas. Class 3 seismic hazard areas means those areas subject to severe risk of earthquake damage due to silds of low density, due to poorly drained or impervious alluvium, due to highly saturated organic materials, or due to slopes greater than fifteen (15) percent, excluding those Alderwood gravelly sandy loam (AgD) soils located on slopes less than twenty-five (25) percent overlying thick sequences of Vashon till. SECTION 15. - Repealer. Section 15.02.530 of the Kent City Code entitled “Unique and fragile area,” is hereby repealed in its entirety. Sec. 15.02.530 [Reserved]Unique and fragile area. Unique and fragile area means an area of special environmental significance for wildlife habitat, threatened plant communities or natural scenic quality. The geographic boundaries of these areas are officially delineated on the Hazard Area Development Limitations Map, included as Exhibit A to the ordinance from which this section is derived. SECTION 16. – Amendment. Section 15.03.010 of the Kent City Code entitled “Establishment and designation of districts,” is amended as follows: Formatted: Not Highlight Formatted: Not Highlight 38 Sec. 15.03.010 Establishment and designation of districts. The various districts established by this title and into which the city is divided are designated as follows: … M1, M1-C Industrial Park District The purpose of the M1 district is to provide an environment exclusively for and conducive to the development and protection of a broad range of industrial, office, and business park activities, including modern, 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 intended to provide areas for those industrial activities that desire to conduct business in an atmosphere of prestigiouse location in which 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. Such uses are allowed in the M1 district, through the application of the “C” suffix, at centralized, nodal locations where major arterials intersect. … SECTION 17. - Amendment. Section 15.04.110 of the Kent City Code entitled “Cultural, entertainment, and recreation land uses,” is amended as follows: Sec. 15.04.110. Cultural, entertainment, and recreation land uses. Zoning Districts 39 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 Performing and cultural arts uses, such as art galleries/studios P (3) P P P P P P P P House-Banked Card Rooms A P C (1) A P A P A P C (1) A A C (1) P (4) A C (1) A C (1) Casinos, mini P C (4) P P P C (4) P P C (4) P C (4) P C (4) Gaming/Gambling Facilities, Not-For- Profit A P P C (4) A A C (4) A C (4) A C (4) Historic and monument sites P P Formatted: Highlight Formatted: Strikethrough, Highlight Formatted: Highlight Formatted: Strikethrough, Highlight Formatted: Highlight Formatted: Strikethrough, Highlight Formatted: Highlight Formatted: Strikethrough, Highlight Formatted: Highlight Formatted: Strikethrough, Highlight Formatted: Strikethrough Formatted: Strikethrough, Highlight Formatted: Strikethrough, Highlight Formatted: Strikethrough, Highlight Formatted: Strikethrough Formatted: Strikethrough, Highlight Formatted: Highlight Formatted: Strikethrough, Highlight Formatted: Highlight Formatted: Strikethrough, Highlight Formatted: Strikethrough, Highlight 40 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 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 41 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 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 18. - Amendment. Section 15.04.120 of the Kent City Code entitled “Cultural, entertainment, and recreation land use 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 designated Manufacturing/Industrial Center (MIC) or Mixed Use (MU) on the Land Use Plan Map, unless authorized by a Conditional Use Permit and determined ancillary to a permitted use where food and beverages are served on the premises and whose purpose is to serve as a commercial stimulant to the principal activities associated with the primary use. 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 card room to continue operation as a nonconforming legal use and otherwise bans card rooms. Formatted: Highlight Formatted: Strikethrough, Highlight Formatted: Strikethrough Formatted: Strikethrough, Highlight Formatted: Highlight 42 OPTION A: Limit the space devoted to card rooms and their support services (i.e., security) to 8,000 square feet. Other incidental uses such as restaurant or nightclub uses shall not be restricted by the 8,000 square feet limitation if no gambling or gaming activity occurs within such space. OPTION B: Card rooms shall be located in a freestanding building, or • A unit in a larger development; provided, that the card room is separated from all other uses by a lobby or similar open space or common area from adjacent units in the development, and that there is no other gambling or gaming activity located within 600 feet of the exterior walls of the building in which the card room is located. OPTION C: Card rooms are not allowed within 1,000 feet of sensitive land uses such as public or private schools, churches or other religious facilities or institutions, parks and playgrounds or other such similar uses that are deemed to be sensitive. The distances shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or the land use district boundary line from which the proposed land use is to be separated. 2. Principally permitted uses are limited to indoor paintball, health and fitness clubs and facilities, gymnastic schools, and other similar uses deemed compatible with the general character and stated purpose of the district. Formatted: Strikethrough, Highlight Formatted: Font: (Default) Verdana, 11 pt, Strikethrough, Highlight Formatted: Strikethrough, Highlight Formatted: Font: (Default) Verdana, 11 pt, Strikethrough, Highlight Formatted: Strikethrough, Highlight Formatted: Font: (Default) Verdana, 11 pt, Strikethrough, Highlight Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 0.75" Formatted: Strikethrough, Highlight Formatted: Font: (Default) Verdana, 11 pt, Strikethrough 43 3. 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 retail or pedestrian-oriented. Pedestrian-oriented development shall have the main ground floor entry located adjacent to a public street and be physically and 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, use interpretations. 44 4. [Reserved] House-banked card rooms are not allowed in areas designated Manufacturing/Industrial Center (MIC). 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.Gaming/Gambling Facilities, Not-For-Profit or Mini-Casinos are not allowed in areas designated Manufacturing/Industrial Center (MIC) or Mixed Use (MU) on the Land Use Plan Map, unless authorized by a Conditional Use Permit and determined ancillary to a permitted use where food and beverages are served on the premises and whose purpose is to serve as a commercial stimulant to the principal activities associated with the primary use. Should any court of competent jurisdiction find that the Formatted: Highlight Formatted: Strikethrough, Highlight 45 City zoning for Gaming/Gambling Facilities, Not-For-Profit or Mini-Casinos is unconstitutional or illegal, the City elects to permit a legally-existing Gaming/Gambling Facility, Not-For-Profit or Mini-Casino to continue operation as a nonconforming legal use and otherwise bans Gaming/Gambling Facility, Not-For-Profit or Mini-Casinos. OPTION A: Limit the space devoted to Gaming/Gambling Facilities, Not-For-Profit or Mini-Casinos and their support services (i.e., security) to 8,000 square feet. Other incidental uses such as restaurant or nightclub uses shall not be restricted by the 8,000 square feet limitation if no gambling or gaming activity occurs within such space. OPTION B: Gaming/Gambling Facilities, Not-for-Profit or Mini-Casinos shall be located in a freestanding building, or • A unit in a larger development; provided, that the Gaming/Gambling Facility, Not-For-Profit or Mini-Casino is separated from all other uses by a lobby or similar open space or common area from adjacent units in the development, and that there is no other gambling or gaming activity located within 600 feet of the exterior walls of the building in which the card room is located. OPTION C: Gaming/Gambling Facilities, Not-For-Profit or Mini-Casinos are not allowed west of I-5 between Kent-Des Moines Rd and S. 272nd Street. OPTION D: Gaming/Gambling Facilities, Not-For-Profit or Mini-Casinos are not allowed within 1,000 feet of sensitive land uses such as public or private schools, Formatted: Font: (Default) Verdana, 11 pt, Strikethrough, Highlight Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 0.75" Formatted: Strikethrough, Highlight 46 churches or other religious facilities or institutions, parks and playgrounds or other such similar uses that are deemed to be sensitive. The distances shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or the land use district boundary line from which the proposed land use is to be separated. 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 19. - 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. Zoning Districts Formatted: Strikethrough 47 A- 10 Ag r i c u l t u r a l SR -1 Re s i d e n t i a l A g r i c u l t u r a l SR -3 Si n g l e -Fa m i l y R e s i d e n t i a l SR -4. 5 Si n g l e -Fa m i l y R e s i d e n t i a l SR -6 Si n g l e -Fa m i l y R e s i d e n t i a l SR -8 Si n g l e -Fa m i l y R e s i d e n t i a l MR -D Du p l e x Mu l t i f a m i l y R e s i d e n t i a l MR -T1 2 Mu l t i f a m i l y R e s i d e n t i a l To w n h o u s e MR -T1 6 Mu l t i f a m i l y R e s i d e n t i a l To w n h o u s e MR -G Lo w D e n s i t y M u l t i f a m i l y R e s i d e n t i a l MR -M Me d i u m D e n s i t y M u l t i f a m i l y R e s i d e n t i a l MR -H Hi g h D e n s i t y M u l t i f a m i l y R e s i d e n t i a l MH P Mo b i l e H o m e P a r k Co 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 to exceed in feet 2. 5 str y/ 35 ft 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 48 Zoning Districts A- 10 Ag r i c u l t u r a l SR -1 Re s i d e n t i a l A g r i c u l t u r a l SR -3 Si n g l e -Fa m i l y R e s i d e n t i a l SR -4. 5 Si n g l e -Fa m i l y R e s i d e n t i a l SR -6 Si n g l e -Fa m i l y R e s i d e n t i a l SR -8 Si n g l e -Fa m i l y R e s i d e n t i a l MR -D Du p l e x Mu l t i f a m i l y R e s i d e n t i a l MR -T1 2 Mu l t i f a m i l y R e s i d e n t i a l To w n h o u s e MR -T1 6 Mu l t i f a m i l y R e s i d e n t i a l To w n h o u s e MR -G Lo w D e n s i t y M u l t i f a m i l y R e s i d e n t i a l MR -M Me d i u m D e n s i t y M u l t i f a m i l y R e s i d e n t i a l MR -H Hi g h D e n s i t y M u l t i f a m i l y R e s i d e n t i a l MH P Mo b i l e H o m e P a r k Co m b i n i n g (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 20. - Amendment. Section 15.04.180 of the Kent City Code entitled “Agricultural and residential land use development standard conditions,” is amended as follows: Sec. 15.04.180. Agricultural and residential land use development standard conditions. 49 1. Minimum lot area is 8,500 square feet for the first two dwelling units, and 2,500 square feet for each additional dwelling unit. 2. Minimum lot area is 8,500 square feet for the first two dwelling units, and 1,600 square feet for each additional dwelling unit. 3. Minimum lot area is 8,500 square feet for the first two dwelling units, and 900 square feet for each additional dwelling unit. 4. To determine minimum lot width for irregular lots, a circle of applicable diameter (the minimum lot width permitted) shall be scaled within the proposed boundaries of the lot; provided, that an access 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 West Valley Highway, the frontage on West Valley Highway shall be considered the front yard. 8. Proposed front yards less than 20 feet in depth are subject 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. 50 10. An aggregate side yard of 30 feet shall be provided. A minimum of 10 feet shall be provided for each side yard. On a corner lot the side yard 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, the 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 comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, railroad main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than 50 feet shall be provided. 51 c. Setbacks, Green River. Industrial 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 feet. Such setbacks are in accordance with the city comprehensive plan and in accordance with the high quality of site development typically required for the industrial park areas of the city and in accordance with the State Shoreline Management Act of 1971, and shall be no more or less restrictive than the Shoreline 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 same building separated from each other by a court 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 feet, there shall be added one additional foot of yard for each additional foot of building height. 18. The planning manager shall be authorized to approve a height 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 manager may impose such conditions, 52 within a reasonable amount of time, as may be necessary to reduce any incompatibilities with surrounding uses. 19. Except for lots used for agricultural 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 other 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 standards and procedures of the city mobile home park code shall apply. General 53 requirements and standards for mobile home park design, KCC 12.04.055; mobile home parks, Chapter 12.05 KCC. 23. Except for lots used for agricultural practices, the maximum impervious surface area allowed shall be 10,000 square feet. 24. Minimum lot width, building setbacks, and minimum lot 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), except 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 multifamily dwelling or transitional housing of three or more units, including triplex townhouse structures, except 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), or when located in a single- family plat or short plat, where residential design review applies pursuant to KCC 15.09.046(C). 27. Minimum lot area is 8,500 square feet for the first two dwelling units, and 3,500 square feet for each additional dwelling unit. 54 28. The following zoning is required to be in existence on the entire property to be rezoned 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 all 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 the development, as required 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 shall have a minimum fire flow of 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 subject to the approval of the Washington State Building Council. Application of this option shall be effective upon receipt by the city of Kent of such approval. 31. Where lands are located wholly or partially within the urban separator, as designated on the city of Kent comprehensive land use plan map, dwelling units shall be required to be clustered, subject to the provisions of Chapter 12.04 KCC, Subdivisions, Binding Site Plans, and Lot 55 Line Adjustments. The density in a cluster 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 zoning 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 includes all areas of the parcel, minus critical areas, as defined in RCW 36.70A.030(5) as currently and hereinafter amended, and buffers. The remainder of the nonconstrained area of the 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 used 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 be altered or disturbed in a manner that degrades adjacent environmentally sensitive areas, rural areas, agricultural areas, or resource lands; impairs scenic vistas and the connectivity between the open space provided by the clustered development and adjacent open spaces; degrades wildlife 56 habitat; and impairs the recreational benefits enjoyed by the residents of the development. Such common open spaces may be retained under ownership by the owner or subdivider, 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 individual 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 parcel, the common open space will be reduced by the amount necessary to meet the minimum 2,500-square-foot lot size. New lots created by any subdivision action shall be clustered in groups not exceeding eight units. There may be more than one cluster per project. 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 and single-family condominium townhouse developments, the minimum building-to-building separation shall be established through the International Building Code (IBC) or International Residential Code (IRC), as may be applicable. 33. Where lands are located wholly outside the urban separator, as designated on the city of Kent comprehensive land use plan map, dwelling units may be clustered, subject to the applicable provisions of Chapter 12.04 KCC. 57 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 not apply to multifamily development in the Kent downtown planning area identified in KCC 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 feet by 20 feet may be placed in residential districts. This restriction does not apply to containers collecting debris or accepting household goods for moving that are located on residential property for less than 72 hours. Additionally, institutional uses are exempt from these requirements except when a shipping 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 required 30-foot-diameter circle. The lot frontage along private or public streets shall be a minimum 20 feet in width. Minimum driveway separation shall be 10 feet. 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 and short subdivisions created after March 22, 58 2007, or altered to comply with zoning and subdivision code amendments effective after March 22, 2007, may have minimum 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. OPTION A: Maintain existing language which requires varying side yard setbacks. OPTION B: Staff Recommendation Require five-foot minimum side yard setbacks. OPTION C: Require eight-foot minimum side yard setbacks. 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 subdivision code amendments effective after March 22, 2007. 40. Duplexes are subject to the residential design review standards of KCC 15.09.045(C), except when located within downtown or along Meeker Street from 64th Avenue South to Kent-Des Moines Road, where they are subject to downtown design review pursuant to KCC 15.09.046. SECTION 21. - Amendment. Section 15.04.190 of the Kent City Code entitled “Commercial and industrial zone development standards,” is amended as follows: Formatted: Highlight Formatted: Font: (Default) Verdana, 11 pt 59 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 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) 60 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 Design review (4)(11) (15) (31) (31) (71) (71) (71) (4) (4)(72) (4)(11) (15) (72) Additional standards (50) (56) (62) (63) (64) (65) (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) SECTION 22. - Amendment. Section 15.04.195 of the Kent City Code entitled “Commercial and industrial land use development standard conditions,” is amended as follows: Sec. 15.04.195. Commercial and industrial land use development standard conditions. 1. Minimum lot of record or 5,000 square feet, whichever is less. 2. None, except as required by landscaping, or if off-street parking is provided onsite. See the downtown design review criteria outlined in KCC 15.09.046. 3. No minimum setback is required. If a rear and/or side yard abuts a residential district, a 20-foot setback may be required for any yard abutting a residential district. See the downtown design review criteria outlined in KCC 15.09.046. 4. Independent senior living facilities, assisted living facilities and residential facilities with health care are subject to the requirements of KCC 15.09.045(D) for multifamily design review, unless they are located 61 within downtown or along Meeker Street from 64th Avenue South to Kent- Des Moines Road, where they are subject to downtown design review pursuant to KCC 15.09.046. 5. The minimum front yard setback shall be related to the classification of the adjacent street. This classification shall be determined by the city transportation engineer. The setbacks are as follows: a. Properties fronting on arterial and collector streets shall have a minimum setback of 20 feet. b. Properties fronting on local access streets shall have a minimum setback of 20 feet. 6. The minimum front yard setback shall be related to the classification of the adjacent street. This classification shall be determined by the city transportation engineer. The setbacks are as follows: a. Properties fronting on arterials and collector streets shall have a minimum setback of 40 feet. b. Properties fronting on local access streets shall have a minimum setback of 30 feet. 7. The front yard shall be 10 percent of the lot depth. Regardless of lot size, the yard depth need not be more than 35 feet. 8. No side or rear yard is required, except when abutting a district other than NCC, in which case the yard shall be not less than five feet in width; provided, however, that if the abutting district or use is residential, then the yard shall be 10 feet in width and fully landscaped. 62 9. No side yard is required, except when abutting a more restrictive district, in which case the side yard shall be not less than 20 feet in width. 10. No side yard is required, except when abutting a residential district, in which case the side yard shall be not less than 20 feet in width. 11. All projects along Meeker Street from 64th Avenue South to Kent- Des Moines Road are subject to KCC 15.09.046 for downtown design review. 12. The side yards shall have an aggregate width of 10 percent of the lot width, but the aggregate width need not be more than 40 feet. There shall be a minimum of 15 feet on each side. 13. The side yards shall have an aggregate width of 10 percent of the lot width, but the aggregate width need not be more than 30 feet. There shall be a minimum of 10 feet on each side. 14. The side yards shall have an aggregate width of 10 percent of the lot width, but the aggregate width need not be more than 25 feet. There shall be a minimum of 10 feet on each side. 15. Design review for mixed use development is required as provided for in KCC 15.09.045(F); see KCC 15.04.200 for mixed use development standards. 16. [Reserved]. 17. The minimum side yard on the flanking street of a corner lot shall be related to the classification of the adjacent street. This classification shall 63 be determined by the city transportation engineer. The setbacks are as follows: a. Properties fronting on arterial and collector streets shall have a minimum setback of 40 feet. b. Properties fronting on local access streets shall have a minimum setback of 30 feet. 18. The side yard on the flanking street of a corner lot shall be at least 10 percent of the lot width, unless the 10 percent figure would result in a side yard of greater than 20 feet, in which case the side yard need not be more than 20 feet. 19. No rear yard is required, except when abutting a residential district, in which case the rear yard shall be not less than 20 feet in width. 20. No rear yard is required, except as may be required by other setback provisions of this section. 21. No rear yard is required, except as may be required by transitional conditions. 22. [Reserved]. 23. Transitional conditions shall exist when an industrial park M1 or M1- C district and AG district adjoin a residential district containing a density of two dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes intervening use such as a river, freeway, railroad main line, major topographic differential, or other similar 64 conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than 50 feet shall be provided. 24. Transitional conditions shall exist when an M2 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 comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, freeway, railway main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than 50 feet shall be provided. 25. Transitional conditions shall exist when an M3 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 comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, railroad main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than 50 feet shall be provided. 26. [Reserved]. 27. [Reserved]. 28. [Reserved]. 65 29. Development in the M1 or M1-C district and 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 feet. Such setbacks are in accordance with the state Shoreline Management Act of 1971, and shall be no more or less restrictive than the Shoreline Management Act. 30. The economic and community development director shall be authorized to grant one additional story in height, if during development plan review it is found that this additional story would not detract from the continuity of the area. More than one additional story may be granted by the land use and planning board. 31. The downtown design review requirements of KCC 15.09.046 shall apply. 32. No maximum height limit is required, except for parcels located within a downtown commercial enterprise – transitional overlay (DCE-T), where the height limit is 35 feet. See also the downtown design review criteria outlined in KCC 15.09.046. 33. [Reserved]. 34. [Reserved]. 35. Beyond this height, to a height not greater than either four stories or 60 feet, there shall be added one additional foot of yard for each one foot of additional building height. The economic and community development director shall be authorized to approve one additional story, provided such height does not detract from the continuity of the industrial area, and may impose such conditions as may be necessary to reduce any 66 incompatibility with surrounding uses. Any additional height increase may be granted by the land use and planning board. 36. [Reserved]. 37. The height limitation is two stories or 35 feet. Beyond this height, to a height not greater than either four stories or 60 feet, there shall be added one additional foot of yard for each two feet of additional building height. The economic and community development director shall be authorized to approve one additional story, provided such height does not detract from the continuity of the industrial area, and may impose such conditions as may be necessary to reduce any incompatibility with surrounding uses. Any additional height increases may be granted by the land use and planning board. 38. [Reserved]. 39. Outdoor storage areas are prohibited. 40. Outdoor storage areas shall be fenced for security and public safety by a sight-obscuring fence unless it is determined through the development plan review that a sight-obscuring fence is not necessary. 41. Any unfenced outdoor storage areas shall be paved with asphaltic concrete, cement, or equivalent material to be approved by the city engineer. 42. [Reserved]. 43. Outside storage or operations yards in the M1 or M1-C district and AG district shall be permitted only as accessory uses. Such uses are 67 incidental and subordinate to the principal use of the property or structure. Outside storage or operations yards shall be confined to the area to the rear of the principal building or the rear two-thirds of the property and reasonably screened from view from any property line by appropriate walls, fencing, earth mounds, or landscaping. Outside storage exceeding a height of 15 feet shall be so placed on the property as to not detract from the reasonably accepted appearance of the district. 44. Outside storage or operations yards shall be confined to the area to the rear of a line which is an extension of the front wall of the principal building, and shall be reasonably screened from view from any street by appropriate walls, fencing, earth mounds, or landscaping. 45. Outside storage or operations areas shall be fenced for security and public safety at the property line. 46. Wherever feasible, drive-up/drive-through facilities shall be accessed from the rear of a site and run along an interior lot line or building elevation. Landscaping, sufficient to soften the visual impact of vehicle stacking areas, may be required. 47. Loading areas must be located in such a manner that no loading, unloading, or maneuvering of trucks associated therewith takes place on public rights-of-way. 48. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way. Berms shall be a minimum of 36 inches and a maximum of 42 inches in height. Landscaping located on the berm shall conform to Type III landscaping as described in KCC 15.07.050. 68 49. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way. Berms shall be a minimum of 30 inches in height. Landscaping located on the berm shall conform to Type III landscaping described in KCC 15.07.050 pertaining to visual buffers. 50. Development plan approval is required as provided in KCC 15.09.010. 51. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way. Berms shall be a minimum of 20 inches in height. Landscaping located on the berm shall conform to Type III landscaping described in KCC 15.07.050 pertaining to visual buffers. 52. Where building walls face adjacent streets and are unfenestrated for more than 40 feet at any point along the facade, additional landscaping shall be required to reduce visual impacts. In such circumstances, Type II landscaping, as defined in KCC 15.07.050, shall be required; provided, that evergreen trees shall be at least 10 feet in height and deciduous trees shall be a minimum of two-inch caliper at the time of planting. 53. Predominant activities and operations shall be completely enclosed within buildings or structures, except for customary appurtenances such as loading and unloading areas, or where special conditions are imposed pursuant to the approval of a conditional use permit. The economic and community development director shall be authorized to determine the reasonable application of this provision in cases of operational hardship or other showing of uncommon circumstances. 54. Multitenant buildings shall be permitted. 69 55. All required yards, parking areas, storage areas, operations yards, and other open uses on the site shall be maintained in a neat and orderly manner appropriate for the district at all times. The economic and community development director shall be authorized to reasonably pursue the enforcement of this subsection where a use is in violation, and to notify the owner or operator of the use in writing of such noncompliance. The property owner or operator of the use shall be given a reasonable length of time to correct the condition. 56. The performance standards as provided in KCC 15.08.050 shall apply. 57. Off-street parking may be located in required yards except in areas required to be landscaped. 58. Those areas not required to be landscaped may be used for off- street parking. 59. [Reserved]. 60. Signage on commercial uses in the M1-C zone shall be as specified in KCC 15.06.050(B). Signage on industrial uses in the M1-C zone shall be as specified in KCC 15.06.050(H). 61. [Reserved]. 62. Parking should be located either next to or behind the building. Parking should not be placed between the street and the building. 70 63. A direct pedestrian connection shall be provided from the street to the building. 64. Screening by either an enclosure and/or evergreen landscaping shall be provided for mechanical equipment, service doors, and garbage areas. Rooftop equipment shall be enclosed with a parapet or similar design feature. 65. Structures shall be designed to maintain the residential character of the surrounding neighborhood. Modulating the building mass, adding dormer windows, covered entryways, or porches are ways to enhance the human scale and provide a residential dimension to structures. 66. Minimum lot area requirements do not apply to multifamily development in the Kent downtown planning area identified in KCC 15.09.046. 67. Within the downtown commercial enterprise-transitional overlay (DCE-T), downtown design review guidelines regarding balconies and/or upper floor setbacks (sections III.B and III.C) are required elements, not optional elements. 68. No yard, except as required by landscaping, or if surface parking is provided onsite. See the Midway Design Guidelines and KCC 15.09.045. 69. The height limitation of new construction in MTC-1 zoning district abutting a residential district shall be 35 feet in height within 20 feet from the residential district and 45 feet in height within 40 feet from the residential district. 71 70. New construction shall conform to applicable Federal Aviation Administration regulations, including 14 C.F.R. Part 77, as presently constituted or as may be subsequently amended. 71. The transit-oriented community design review requirements of KCC 15.09.045(G) shall apply. 72. Transitional housing with three or more families outside of downtown is subject to multifamily design review as provided in KCC 15.09.045(D). SECTION 23. - 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 an administrative process, the purpose of which is to implement and give effect to the comprehensive plan, its policies, or parts thereof through the adoption of design criteria for development relative to site layout, landscape architecture, and exterior structure design. It is the intent of the city that this process will serve to aid applicants in understanding the principal expectations of the city concerning design, and encourage a diversity of imaginative solutions to development through the planning services division review and application of certain criteria. These criteria have been formulated to improve the design, siting, and construction of development projects so as to be compatible, both visually and otherwise, with the topographic, open space, urban, or suburban characteristics of the land or adjacent properties, while still maintaining allowable densities to be applied in a manner consistent with established land use policies, the 72 comprehensive plan, this title, and community development goals of the city. The adoption of design criteria is an element of the city’s regulation of land use, which is statutorily authorized. Application of the multifamily design process to the design criteria adopted in this section is established as an administrative function delegated to the planning services division pursuant to RCW Title 35A; therefore, in implementing the administrative design review process, the planning director may adopt such rules and procedures as are necessary to provide for expeditious review of proposed projects. Further rules may be promulgated for additional administrative review. B. Application and review process. Administrative design review process is classified as a Process II application and shall be subject to the applicable requirements of Chapter 12.01 KCC. The applicant must make application for the design review process on forms provided by the planning services division. Upon receipt of an application for design review, the planning director shall circulate the application to the public works director, building official, and the city administrator for review. Prior to making a final decision, the planning director shall review any comments submitted for consideration. In the administration of this process, the planning director may develop supplementary handbooks for the public, which shall pictorially illustrate and provide additional guidance on the interpretation of the criteria set forth in subsections (C) and (D) of this section, as well as a detailed explanation of the design review process. C. Residential design review. In order to diminish the perception of bulk, and provide visual interest along residential home facades that face public areas, architectural design considerations shall be applied. Homes located within subdivisions and short subdivisions vested after March 22, 73 2007, or altered to comply with code amendments 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. 1. Orientation of homes. The entry facade of each dwelling unit shall be generally oriented toward the highest classification street from which access to the lot is allowed, unless otherwise approved by the planning director based on existing context of surrounding development. 2. Attached units. A building that contains a grouping of attached units shall not exceed a 200-foot maximum length and shall be separated from other groups of attached units by a minimum 15 feet. 3. Architecture. Each dwelling unit facade that faces a public area shall, at a minimum, incorporate architectural elements as follows: a. Two elements of facade modulation or roofline variation. Facade modulation elements shall have a minimum width of eight feet and a minimum depth of three feet. Roofline variation elements shall have a minimum horizontal or vertical offset of three feet and a minimum variation length of eight feet; b. The maximum horizontal facade length without one element of either facade modulation or roofline variation shall be 20 feet; and c. Three architectural detail elements. 4. Garages. Dwelling units within subdivisions and short subdivisions shall provide diminished garage doors according to the 74 percentage and locations approved with the subdivision and short subdivision. D. Multifamily design review. The planning services division shall use the multifamily design guidelines as an adopted element of the city’s regulation of land use, which is statutorily authorized, in the evaluation or conditioning of applications under the multifamily design review process. E. [Reserved]. F. Mixed use design review. The planning services division shall use the following criteria in the evaluation and/or conditioning of applications under the mixed use design review process when a project includes residential use: 1. The following criteria should apply to all mixed use with a residential component development: a. Some common recreation space roofs, terraces, indoor rooms, courtyards. b. Lighting features that are shielded, directing light downwards. c. The residential portion of the building should incorporate residential details, such as window trim, trellises, balconies, and bay windows. d. The residential component should have an obvious, generous entrance, within features suggesting a “front door” for example, a lobby, trellis, gate, archway, or courtyard. 75 2. The following criteria shall apply to mixed use development: a. If the residential component is located away from the main street, a landscaped pedestrian path should be provided between the entrance and public sidewalk. b. Although the commercial and residential components may have different architectural expressions, they should exhibit a number of elements that produce the effect of an integrated development. c. Surface parking should be generously landscaped to serve as an amenity. Lighting fixtures should not exceed the height of the first floor. 3. The following criteria shall apply to mixed use buildings with a residential component: a. Parking lots, if used, should be divided into small increments, separated by landscaping and structures, so that parking does not dominate the site. b. Articulated by use of different materials, generous windows with low sill heights, “store” doors, canopies, and planters. c. Residential floors should be expressed in an obvious manner, with stepbacks, change in materials or color, and overhangs. d. Commercial signs should be contained within the first floor commercial base and not extend up into the residential floor facades. 76 G. Transit-oriented community design review. The planning services division shall use the following criteria in the evaluation or conditioning of applications under the transit-oriented community design review process: 1. The Midway Design Guidelines as an adopted element of the city’s regulation of land use, which is statutorily authorized, shall apply to all development with a land use plan map designation of transit-oriented community. 2. Residential use design review. In addition to the Midway Design Guidelines, the following design requirements apply to residential uses and development: a. Openings from the build-to line. When a residential unit has direct access to the public domain, a 10-foot front yard shall be provided. When residential units have access through a main location, such as an atrium, courtyard, or other main entryway, said access shall be at the build-to line. b. Open space. Residential development shall provide not less than 20 percent of the gross land area for common open space, which shall be: i. Designed to provide either passive or active recreation; ii. If under one ownership, owner shall be responsible for maintenance; iii. If held in common ownership by all owners of the development by means of a homeowners’ association, said association 77 shall be responsible for maintenance. If such open space is not maintained in a reasonable manner, the city shall have the right to provide for the maintenance thereof and bill the homeowners’ association accordingly. If unpaid, such bills shall be a lien 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 under 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 examiner 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 superior court within 21 calendar days after the hearing examiner’s notice of decision. SECTION 24. – Amendment. Section 15.08.050 of the Kent City Code is amended as follows: Section 15.08.050 Performance standards. … D.8. Hazardous substances or wastes. No release of hazardous substances or wastes as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission 78 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 regulations and Chapter 7.14 KCC. The relevant provisions of federal, states, and local laws and regulations shall apply, and compliance shall be certified by applicants for permits under this title. The following site development standards shall apply: … 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 development 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 lakes which are delineated on the hazard area development limitations map or as may be more precisely determined per KCC 15.08.224(B),erosion, landslide or seismic hazard areas or the ordinary high water mark of streams, as defined in Kent City Code 11.06.200, lakes, shorelines of statewide significance, or shorelines of the state; … SECTION 25. – 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 26. – 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; 79 or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 27. – 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 ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2017. APPROVED: day of , 2017. PUBLISHED: day of , 2017. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) KIMBERLEY A. KOMOTO, CITY CLERK S:\Permit\Plan\ZONING_OTHER_CODE_AMENDMENTS\2017\ZCA-2017-3 DOCKETED CODE AMDS FROM 2016\Final Public Hearing Draft Ordinance - Docket-2016--excludes 7 03 Solid Waste Recyclable Materials and Yard Waste.docx 80 Docketed Code Amendments Land Use & Planning Board Hearing 10/23/17 81 Not Included •Dumpster Requirements – Multifamily Developments •Medical or Recreational Marijuana •Multifamily Tax Exemptions –Expand Area 82 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 83 Height Limitation •Midway Transit Community – 1 Increase from five stories or 55 feet to seven stories or 65 feet Maintains lower height when next to residential district 84 House-Banked Card Rooms •Currently prohibited in Kent except Non-profit card games licensed by Gambling Commission o Define and Regulate Non-Profit Gambling Define and Regulate Card Rooms o As Allowed by State Gambling Commission o Limit Size, Require Separation, Accessory Use Principally (P) or Conditionally (C) Permitted P = GC, CC, CM-1, CM-2, M1-C (Except MIC) C = When Within Mixed-Use Land Use Plan Area 85 Density Calculation •Currently – no rounding up when < 4 units/lots ▫Gradation of rounding after that o Round up when 4 or more Round in all cases .5 or below – round down Above .5 – round up 86 Residential Design Review •Currently applies to subdivisions created after March 22, 2007 Apply to all newly-constructed or re-constructed residential Flexibility for orientation of dwelling unit when out of context with surrounding development. 87 Side Yard Setbacks •Currently, 5 feet for subdivisions created on or before March 22, 2007 ▫For subdivisions after 3/22/07 - 50% five feet and other 50% is aggregate 16 feet o Eight feet Five feet Fire regulations apply 88 Public Notice 89 Public Notice Process Land Use & Planning Board Hearing 10/23/17 90 Existing Public Notice Process Notice of Application Notice of Hearing Appeal Period Review Decision 14 day comment period 10 days prior Short Plats: 14 days Plats: 21 days •Posted on site •Published in newspaper •Posted on site •Published in newspaper •Mailed to 200’ or 300’ radius 91 Neighboring Cities City Radius (ft) Community Meeting Construction Notice Des Moines 300 Controversial projects No Federal Way 300 Controversial projects No Auburn 300 MF >20 units No Renton 300 Long plats & projects over $10M No Covington 500 Downtown No Tukwila 500 Controversial projects No 92 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. •Option 1B: Increase the mailing radius for all application types to 500 feet. •Option 1C: Keep all existing mailing radiuses. *Staff Recommendation 93 Development 200 Foot Radius 300 Foot Radius 500 Foot Radius 94 •Actual 300 foot radius map used for mailing •Planner added 7 additional parcels •Good example of 300 feet being just the right amount Plat radius example 95 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 Recommendation 96 Question follow-up from 9/25 workshop •Online public meetings ▫Multimedia could film and air on KentTV or online Length could make broadcasting problematic Online link to view would be easier ▫Interactive software exists Cost to purchase Would need 2nd computer in Chambers Would need staff member to collect & read questions ▫A few cities film land use hearings ▫Not aware of any cities using interactive software 97 Construction Notices •Option 3A: Post on-site and mail a Notice of Construction for all residential plats and short plats. •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 Recommendation 98 Question follow-up from 9/25 workshop •Public Information Boards w/color drawings ▫Renton requires them only for projects over $10M ▫Not required for plats or short plats ▫Developer pays for and installs ▫Currently required early in project; planning to change code to require at construction 99 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. •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. *Staff Recommendation 100 Preserve at East Hill 101 Conclusion - Staff recommends: •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. •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. •Option 3C: Do not issue a Notice of Construction. •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. 102 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 103 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 A B 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 104 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 105 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 106 PHOTO 5 Park Place Lane All houses in photo have 5 foot side setbacks 107 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. 108 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 109 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. 110 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 5 111 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 5 112 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 5 113 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 5 114 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: 115 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 25 116 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 25 117 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 25 118 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 25 119 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 25 120 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 25 121 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 25 122 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 25 123 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 25 124 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 25 125 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 25 126 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 25 127 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 25 128 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 25 129 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 25 130 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 25 131 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 25 132 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 25 133 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 25 134 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 25 135 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 25 136 123 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 25 137 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 25 138 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 25 139 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 25 140 ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: October 12, 2017 TO: Chair Katherine Jones and Members of Land Use and Planning Board FROM: Danielle Butsick, Long-Range Planner/GIS Coordinator RE: Community Health Engagement Locations (CHELs) For Meeting of October 23, 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. Economic and Community Development staff will present 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 permanently adopt code amendments established for the existing moratorium, prohibiting CHELs in all zoning districts. Staff recommends 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 to be considered by the public and by the Land Use and Planning Board for their recommendation to the city council. 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 recognizes that substantial evidence exists to support the inclusion of community health engagement locations as one component of the continuum of care for people with drug addictions under certain conditions. However, staff recommends the MOTION: Recommend to the City Council for approval/denial/modification of proposed amendment [Alternative B] to the Kent City Code, related to the prohibition of Community Health Engagement Locations (CHELs) in all zoning districts in Kent, as presented by staff. 141 adoption of code amendment Alternative B, prohibiting community health engagement locations in all zoning districts 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. 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 (125 drug- related incidents in a 3-month period, in contrast to Seattle’s 1,999 – although one would expect there to be far more instances of drug use in both cities than show up on crime reports). 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. Staff will be available at the October 23 meeting to present information, answer questions, and receive comments and a recommendation from the Land Use and Planning Board on the code amendment alternatives for community health engagement locations. 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; List of Resources Submitted by P. Sully; PowerPoint presentation BUDGET IMPACTS: None Cc: Ben Wolters, Economic & Community Development Director Charlene Anderson, Long Range Planning Manager 142 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). 143 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. 144 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. The expedited review was granted on XXXX, 2017. M. On September XXX, 2017, the city’s SEPA responsible official issued XXXX. 145 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. 146 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 ) 147 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 ) 148 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) 149 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 150 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 approved 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; 151 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. 152 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 153 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. 154 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. 155 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 156 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. 157 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 158 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). 159 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. 160 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. 161 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 162 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 163 COMMUNITY HEALTH ENGAGEMENT LOCATIONS (CHELS) Land Use & Planning Board – Public Hearing October 23, 2017 164 Presentation Outline •CHEL overview •Policy context •Existing regulations •Key policy considerations •Additional background information •Proposed alternatives: A and B •Next steps 165 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 166 InSite, Vancouver – 2016 Statistics •214,898 visits by 8,040 individuals •An average of 75 visits per day to the needle exchange service •An average of 514 injection room visits per day •1,781 overdose interventions •4,503 clinical treatment interventions •Substances reported used were heroin (60.2% of instances) methamphetamine (21.7% of instances) and cocaine (6.5% of instances). •5,321 referrals to other social and health services 167 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 168 Community Health Engagement Locations: Existing Regulations •Land Use Moratorium: adopted by Kent City Council August 15, 2017 •Interim (temporary) official control: 6-month timeframe •Prohibits CHELs in all zoning districts in the city •Federal and State Law: •prohibit possession of illegal drugs •prohibit spaces intended for illegal consumption 169 Key Policy Considerations •Legal conflicts •Policy support by medical/public health orgs •Demonstrated efficacy vs. enabling use •Local impacts 170 171 Mobile Sites •Mobile consumption rooms in Germany (Berlin), 2003; Spain (Barcelona), 2000; Denmark (Copenhagen), 2011 •Can reduce fixed costs •Can reduce some public concern over land use impacts •Limited throughput, typically serve as adjunct or transition to fixed facility 172 Proposed Alternatives •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) 173 Proposed Alternatives •Alternative B: Permanently adopt code amendment prohibiting community health engagement locations in all zoning districts in Kent •Maintains regulation established with moratorium 174 Timeline: Next Steps •Two alternative ordinances and staff/LUPB recommendations presented to Economic and Community Development Committee November 13, 2017. •City Council adoption of preferred alternative November 21, 2017. 175 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. 176 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 177 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. 178 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. 179 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 180 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 181 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. 182 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 4 183 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 4 184 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 4 185 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 186 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 187 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. 188 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 189 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 190 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 191 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 192 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 193 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 194 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 195 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 196 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 197 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 198 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 199 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 200 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 201 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 202 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 203 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 204