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.
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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
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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.
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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;
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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.
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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
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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.
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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,
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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
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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.
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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:
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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
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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.
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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.
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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;
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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.
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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;
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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
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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:
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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:
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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
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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.
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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.
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Strikethrough, Highlight
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1 + Aligned at: 0.5" + Indent at: 0.75"
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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,
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1 + Aligned at: 0.5" + Indent at: 0.75"
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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]
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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
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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.
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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.
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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.
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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
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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.
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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'
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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?
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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:
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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
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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
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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
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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.
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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).
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8. Site Area: nla Site Dimensions: n/a
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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
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. 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.
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Do you know whether applications are pending for governmental approvals of other proposals
directly affecting the property covered by your proposal? lf yes, explain.
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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)?
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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.
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d. Are there surface indications or history of unstable soils in the immediate
vicinity? lf so, describe.
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e Describe the purpose, type and approximate quantities of any filling or
grading proposed. lndicate source of fill.
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f Could erosion occur as a result of clearing, construction, or use? lf so,
generally describe.
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g. About what percent of the site will be covered with impervious surfaces
after project construction (for example, asphalt or buildings)?
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h. Proposed measures to reduce or control erosion, or other impacts to the
earth, if any.
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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.
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b. Are there any off-site sources of emissions or odor that may affect your
proposal? lf so, generally describe.
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c Proposed measures to reduce or control emissions or other impacts to
air, if any.
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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.
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c,
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2)
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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.
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Will the proposal require surface water withdrawals or diversions?
Give generaldescription, purpose, and approximate quantities, if
known.
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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.
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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.
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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.
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d. Proposed measures to reduce or controlsurface, ground, and runoff
water impacts, if any:
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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?
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c List threatened or endangered species known to be on or near the site
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d. Proposed landscaping, use of native plants, or other measures to
preserve or enhance vegetation on the site, if any:
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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.
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ls the site part of a migration route? lf so, explain
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d. Proposed measures to preserve or enhance wildlife, if any:
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6. Enerqv and Natural Resources
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be
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used to meet the completed project's energy needs? Describe whether it
will be used for heating, manufacturing, etc.
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b. Would your project affect the potential use of solar energy by adjacent
properties? lf so, generally describe.
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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:
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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
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2)
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Noise
1)
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2)
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would come from the site.
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3) Proposed measures to reduce or control noise impacts, if any
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8. Land and Shoreline Use
a. What is the current use of the site and adjacent properties?
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b. Has the site been used for agriculture? lf so, describe.
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c. Describe any structures on the site.
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d. Will any structures be demolished? lf so, what?
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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.
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h. Has any part of the site been classified as an "environmentally sensitive"
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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?
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Approximately how many people would the completed project displace?
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k. Proposed measures to avoid or reduce displacement impacts, if any:
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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.
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b. Approximately how many units, if any, would be eliminated? lndicate
whether high, middle, or low income housing.
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c. Proposed measures to reduce or control housing impacts, if any
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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?
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b. What views in the immediate vicinity would be altered or obstructed?
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Proposed measures to reduce or control aesthetic impacts, if any
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11. Liqht and Glare
a What type of light or glare will the proposals produce? What time of day
would it mainty occur?
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Could light or glare from the finished project be a safety hazard or
interfere with views?
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b
c.
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What existing off-site sources of light or glare may affect your proposal?
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d. Proposed measures to reduce or control light and glare impacts, if any.
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12. Recreation
a. What designated and informal recreational opportunities are in the
immediate vicinity?
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b. Would the proposed project displace any existing recreational uses? lf
so, describe.
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c.Proposed measures to reduce or control impacts on recreation, including
recreation opportunities to be provided by the project or applicant, if any.
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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.
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b. Generally describe any landmarks or evidence of historic, archaeological,
scientific, or cultural importance known to be on or next to the site.
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c.Proposed measures to reduce or control impacts, if any
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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.
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b. ls site currently served by public transit? lf not, what is the approximate
distance to the nearest transit stop?
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c.How many parking spaces would the completed project have? How
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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).
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e Will the project use (or occur in the immediate vicinity of) water, rail, or air
transportation? lf so, generally describe.
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f. How many vehicular trips per day would be generated by the completed
project? lf known, indicate when peak volumes would occur.
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g. Proposed measures to reduce or control transportation impacts, if any
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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.
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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.
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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,
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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
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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
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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
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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.
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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
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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.
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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.
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