HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 01/11/2016For documents pertaining to the Land Use and Planning Board, access the City’s website at:
http://kentwa.iqm2.com/citizens/Default.aspx?DepartmentID=1004.
Any person requiring a disability accommodation should contact the City Clerk’s Office in advance
at (253) 856-5725. For TTY/TDD service call the Washington Telecommunications Relay Service at
(800) 833-6388. For general information, contact Economic & Community Development
Department, Planning Division at (253) 856-5454.
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
LAND USE & PLANNING BOARD
WORKSHOP AGENDA
JANUARY 11, 2016
7:00 PM
BOARD MEMBERS: Randall Smith, Chair; Barbara Phillips, Vice Chair; Frank
Cornelius; Navdeep Gill; Katherine Jones; Jack Ottini and Binoy Varughese
CITY STAFF: Planning Services: Charlene Anderson, Long Range Planning
Manager; Hayley Bonsteel, Planner/GIS Coordinator; Erin George, Senior Planner
This is to notify you that the Land Use and Planning Board will hold a Workshop on
MONDAY, JANUARY 11, 2016 at 7:00 P.M. The workshop will be held in Kent
City Hall, City Council Chambers, 220 Fourth Avenue S, Kent, WA.
No public testimony is taken at LUPB workshops; however, the public is welcome to
attend. The workshop agenda includes the following item(s):
1. Elder Care Facilities Zoning Code Amendment [ZCA-2015-4]
Discussion to consider definitions and development regulations applicable to
assisted living facilities and independent senior living facilities – Hayley Bonsteel
2. Emergency Shelters Zoning Code Amendment [ZCA-2016-1]
Discussion to consider allowing emergency shelter facilities within the MR-D
district only in conjunction with churches and with a Conditional Use Permit -
Erin George
HB:pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2015\ZCA-2015-4 AsstLvg_ElderCareFac\1 11 16 LUPB workshop ElderCareMemo.docx
Encl: Draft Ordinance
cc: Ben Wolters, Economic & Community Development Director
Charlene Anderson, AICP, Planning Manager
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue South
Kent, WA 98032-5895
January 6, 2016
TO: Chair Randall Smith, and Land Use and Planning Board Members
FROM: Hayley Bonsteel, Long Range Planner and GIS Coordinator
RE: Elder Care Facilities Zoning Code Amendment [ZCA-2015-4]
For January 11, 2016 Workshop
SUMMARY: On October 26, 2015, planning staff presented code amendment options
for assisted living facilities to the Land Use and Planning Board (“LUPB”), and proposed
that these types of facilities be allowed in commercial zones either with or without a
commercial component, as well as including new locational criteria. The LUPB directed
staff to analyze independent senior living facilities in order to evaluate the possibility of
extending the new locational criteria to these as well. The LUPB Chair accordingly
formed a subcommittee tasked with touring a number of different facilities to better
understand the issues involved. The results of this analysis and research have informed
the attached ordinance, which refines the code amendment options presented
previously to the LUPB, and includes a new category for independent senior living. Staff
will be available at the January 11th workshop to provide an overview of the research
and findings to date and discuss the proposed amendments.
BACKGROUND: Included in the 2014 Docket was a request to amend the definition
and use table related to assisted living facilities. The original intent of the docket
request was to permit assisted living facilities without a commercial component in a
commercial zone. City staff has heard from the development community that the
commercial requirement is prohibitive for other types of elder care facilities as well.
Housing, population, demographic and economic trends show that humane elder care
facilities of any type should be located in areas with a variety of services and amenities.
The code amendments in the attached ordinance reflect the research done by staff
regarding facility types and the importance of walkability and amenities for seniors.
Independent senior living is currently included in the definition of multifamily residential
and staff had initially proposed analysis of the commercial requirement for multifamily
in general as a second phase for this broader project. However, given the LUPB’s
direction, these amendments analyze elder care facility types and separate independent
senior living into its own category. Phase II of the project will consider mixed use
requirements for other types of multifamily developments.
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2
1 Amend KCC 15.02 and 15.04 -
Re: Elder Care
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending portions of
Chapters 15.02 and 15.04 of the Kent City Code,
including adding a new Section 15.02.203;
pertaining to the definitions and development
regulations applicable to assisted living facilities
and independent senior living facilities. (DKT-2014-
5.)
RECITALS
A. Pursuant to RCW 36.70A.470, the Growth Management Act (GMA)
requires that the City establish a docketing process as a means for the
public to suggest changes or identify deficiencies in City plans and
regulations. The docketing process is set forth in Section 12.02.025 of the
Kent City Code (KCC).
B. On September 2, 2014, a docket item was submitted to the City,
requesting a change in how “assisted living facilities” are defined for the
purpose of locating them in commercial areas without a mixed use
component. This was designated Docket No. DKT-2014-5. Staff
recommended that this docket item not be included in the 2015 work
program for the Economic and Community Development Department
(“Department”) at that time.
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2 Amend KCC 15.02 and 15.04 -
Re: Elder Care
C. On November 10, 2014, the Economic and Community Development
Committee passed a motion accepting the staff recommendation (revised
to include DKT-2014-5 in the 2015 work program) to approve the 2014
Annual Docket Report as presented.
D. On November 18, 2014, the City Council authorized the Mayor to
accept the Economic and Community Development Committee
recommendations on the 2014 Annual Docket Report.
E. Kent has a growing population of seniors, and nationwide research
suggests that this demographic will be healthier and more mobile than
previous generations of seniors. Experts describe a trend towards senior
living in walkable urban areas with nearby amenities, while isolated
institutional-type facilities are considered less humane.
F. Current mixed use requirements in city code reflect a policy decision
that multifamily or multi-unit developments should include on-site
commercial uses.
G. On August 24, 2015, Department staff presented an overview of
current research on aging, background on types of senior living facilities,
facility design, and land use trends, to the Land Use and Planning Board
(“LUPB”) at a workshop meeting.
H. On October 12, 2015, Department staff recommended to the
Economic and Community Development Committee that the 2014 Docket
Report be amended in order to, among other things, include DKT-2014-5
in the 2015 work program. At this October 12, 2015 meeting, Department
staff further presented a two-phased project scope to the Economic and
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3 Amend KCC 15.02 and 15.04 -
Re: Elder Care
Community Development Committee: the first phase included clarification
of “assisted living facilities” and adding flexible locational criteria; the
second phase included addressing broader issues about mixed use
requirements for multifamily developments and independent senior living
facilities in commercial zones. The Committee recommended approval of
this two-phased approach.
I. On October 26, 2015, the LUPB held a public hearing, during which
Department staff presented code amendment options, including new
locational criteria, to the LUPB. At the conclusion of the hearing, the LUPB
directed staff to analyze independent senior living facilities in the first
phase of the project, instead of delaying it until the second phase.
Furthermore, the LUPB Chair formed a subcommittee to tour a number of
elder care facilities to better understand the issues involved. Staff updated
the Economic and Community Development Committee on the project on
November 9, 2015.
J. On October 8, 2015, the City requested expedited review under
RCW 36.70A.106 from the Washington State Department of Commerce
regarding the City’s proposed code amendments related to development
regulations applicable to elder care facilities. The Washington State
Department of Commerce granted the request for expedited review on
October 26, 2015. No comments were received from State agencies.
K. On October 15, 2015, the City conducted and completed
environmental review under the State Environmental Policy Act (SEPA).
L. On January 11, 2016, Department staff presented code amendment
options, including new definitions to more clearly distinguish different elder
care facility types to the LUPB, at a workshop meeting. The options
included locational criteria to achieve mixed use goals through proximity to
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4 Amend KCC 15.02 and 15.04 -
Re: Elder Care
other uses, rather than requiring a mix of uses on site. After holding a
public hearing on January 25, 2016, the LUPB recommended approval of
the proposed code amendments, as presented by staff.
M. The Economic and Community Development Committee considered
the recommendations of the LUPB at its regularly-scheduled meeting on
February 8, 2016, and recommended to the full City Council passage of the
proposed code amendments.
N. At its regularly-scheduled meeting on February 16, 2016, the City
Council voted to adopt the amendments to portions of Chapters 15.02 and
15.04 of the Kent City Code, pertaining to assisted living facilities and
independent senior living facilities.
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 is
amended by adding a new section 15.02.203 to read as follows:
Sec. 15.02.203. Independent senior living facility. Independent
senior living facility means a multi-dwelling-unit facility that provides
housing, communal areas, and limited basic services (including a variety
of social and transportation services) to individuals 60 or more years of
age who choose to live in a congregate setting. These facilities consist of
individual dwelling units that contain separate bathroom facilities, and
which also may contain a full kitchen, partial kitchen, or no kitchen. For
purposes of density calculations, each unit is considered one dwelling unit.
Communal areas include: a dining room in which at least one meal per day
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5 Amend KCC 15.02 and 15.04 -
Re: Elder Care
is served; social and activity areas; laundry facilities; and open spaces.
This definition does not include senior housing that does not provide
meals, assisted living facilities, group homes, or residential facilities with
health care.
SECTION 2. - Amendment. Section 15.02.026.1 of the Kent City
Code is amended as follows:
Sec. 15.02.026.1. Assisted living facility. Assisted living facility
means an establishment that has the express or implied purpose of
providing housing and basic services (such as laundry, housekeeping,
meals, and activities), and assuming general responsibility for the safety
and well-being of the residents, and that may also provide domiciliary
(home or personal) care, provides living quarters and a variety of limited
personal care and supportive health care monitoring to more than ten (10)
individuals who may be unable to live independently due to infirmity of
age, or physical or mental handicap, but who do not need the skilled
nursing care of a convalescent home or a residential facility with health
care. These facilities may consist of individual dwelling units, with separate
bathroom facilities, a full- kitchen, partial kitchen, or no kitchen. For
purposes of density calculations, each unit is considered one dwelling unit.
In addition, these facilities may have communal dining areas, recreation
facilities (library, lounge, game room), laundry facilities and open space.
An assisted living facility is a state-licensed residential facility pursuant to
Chapter 18.20 RCW, as amended, but not a group home or a residential
facility with health care.
SECTION 3. - Amendment. Section 15.02.125 of the Kent City
Code is amended as follows:
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6 Amend KCC 15.02 and 15.04 -
Re: Elder Care
Sec. 15.02.125. Dwelling, multiple-family. Multiple-family
dwelling means a residential building designed for or occupied by three (3)
or more families, with the number of families in residence not exceeding
the number of dwelling units provided. This definition also includes
independent senior housing for individuals sixty (60) years or olderdoes
not include independent senior living facilities.
SECTION 4. - Amendment. Section 15.02.335.3 of the Kent City
Code is amended as follows:
Sec. 15.02.335.3. Residential facility with health care.
Residential facility with health care means a medically staffed facility
intended for the long-term residential care of more than ten (10)
handicapped individuals who, because of age or medical condition, are
incapable of independent living. This definition also includes nursing
homes, as defined in RCW 18.51.010, and continuing care retirement
communitiesy, as defined byin RCW 70.38.025, but does not include group
homes. For purposes of density calculations, each residential care unit is
considered one dwelling unit.
SECTION 5. - Amendment. Section 15.04.020 of the Kent City
Code is amended as follows:
15.04.020 Residential land uses.
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7 Amend KCC 15.02 and 15.04 -
Re: Elder Care
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
One single-family dwelling
per lot
P P P P P P P P P P P P P P A
(1)
A
(1)
A
(1)
A
(1)
One duplex per lot
P
(27)
P
(27)
P
(27)
P
One modular home per lot
P P P P P P P P P P P P
Duplexes P
(27)
P
(27)
P
(27)
P
(22)
P P P P P
Multifamily townhouse units
P
(27)
P
(27)
P
(27)
P
(19)
(20)
P
(19)
(20)
P P P P
(2)
P
(4)
C
(5)
P P P P P
(2)
Multifamily dwellings
P
(26)
P
(26)
P P P P
(2)
P
(4)
C
(5)
P P P P P
(2)
Mobile homes and
manufactured homes
P
Mobile home parks P
(13)
P
(13)
P
(13)
P
(13)
P
(13)
P
(13)
P
Group homes class I-A P P P P P P P P P P P P P P P P P C P P P P C
Group homes class I-B P P P P P P P P P P C P P C C C
Group homes class II-A C C C C C C C C C C C C C C C C
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8 Amend KCC 15.02 and 15.04 -
Re: Elder Care
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
Group
homes class
II-B
C C C C C C C C C C C C C C C C
Group
homes class
II-C
C C C C C C C C C C C C C C C C
Group
homes class
III
C
(2
3)
C
(23)
C
(23)
C
(2
3)
C
(2
3)
C
(2
3)
C
(2
3)
C
(2
3)
C
(2
3)
C
(23)
Secure
community
transition
facilities23, 24
Rebuild/acce
ssory uses
for existing
dwellings
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
Transitional
housing
P
(29
)
P
(29
)
P
(29
)
P
(2)
P
(4)
C
(5)
P P P P P
(7)
C
(3
0)
P
(7)
C
(30)
Rooming
and boarding
of not more
than three
persons
A A A A A A A A A A
Farm worker
accommodat
ions
A
(1
7)
A
(9)
A
(1
7)
Accessory
uses and
structures
customarily
appurtenant
to a
permitted
use
A A A(
8)
(1
8)
A
(8)
(1
8)
A
(8)
(1
8)
A
(8)
(1
8)
A
(8)
(1
8)
A
(1
8)
A
(1
8)
A
(1
8)
A
(18
)
A
(18
)
A
(18
)
A A A A A A A A A A A A A A
Accessory
dwelling
units and
guest
cottages
A
(8)
(1
0)
A
(8)
(1
0)
A
(8)
(1
0)
A
(8)
(1
0)
A
(8)
(1
0)
A
(8)
(1
0)
A
(8)
(1
0)
A
(8)
(1
0)
A
(8)
(1
0)
A
(8)
(10
)
A
(8)
(10
)
A
(8)
(10
)
A
(8)
(1
0)
A
(8)
(1
0)
Accessory
living
quarters
A
(1
4)
A
(14)
A
(14)
A
(1
4)
A
(1
4)
A
(1
4)
A
(1
4)
A
(1
4)
A
(1
4)
A
(14)
A
(1
4)
A
(1
4)
A
(1
4)
A
(1
4)
Live-work
units
P
(2
8)
Home
occupations
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(11
)
A
(11
)
A
(11
)
A
(1
1)
A
(1
1)
A
(11)
A
(11)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(11)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
Service
buildings
A
10
9 Amend KCC 15.02 and 15.04 -
Re: Elder Care
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
Storage of
recreational
vehicles
A
(1
6)
A
(1
6)
A
(1
6)
A
(1
6)
A
(1
6)
A
(1
6)
A
(1
6)
A
(1
6)
A
(1
6)
A
(16
)
A
(16
)
A
(16
)
A
Drive-in
churches
C C C C C C C C C C C C C C C C C C C C C C C C C C
Emergency
housing;
emergency
shelter
C C C C C C C C C C C C C C
Independent
senior living
facilities
C C C C C P(2
9)
P(2
9)
P(2
9)
P(2)C
(3)
P(4)C
(5)
P P P P C C P(2)C
(3)
Assisted
living
facilities
C C C C C P
(29
)
P
(29
)
P
(29
)
P
(2)
C(3)
P
(4)
C
(5)
P P P P C C P
(2)
C(3)
Residential
facilities with
health care
C C C C C P
(29
)
P
(29
)
P
(29
)
P
(2)
C(3)
P
(4)
C
(5)
P P P P C C P
(2)
C(3)
Designated
manufacture
d home
P
(2
5)
P
(2
5)
P
(2
5)
P
(2
5)
P
(2
5)
P
(2
5)
P
(2
5)
P
(2
5)
P
(2
5)
P
(25
)
P
(25
)
P
(25
)
P
(2
5)
SECTION 6. - Amendment. Section 15.04.030 of the Kent City
Code is amended as follows:
Sec. 15.04.030. Residential land use development
conditions.
1. Dwelling units, limited to not more than one per establishment, for
security or maintenance personnel and their families, when located on the
premises where they are employed in such capacity. No other residential
use shall be permitted.
2. Multifamily residential uses, or other residential facilities where
allowed, shall be permitted only are only permissible in thea mixed use
overlay, and must be when included within a mixed use development.
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10 Amend KCC 15.02 and 15.04 -
Re: Elder Care
3. [Reserved]. Assisted living facilities, residential facilities with health
care, and independent senior living facilities, when not combined with
commercial or office uses, require a conditional use permit and are subject
to the requirements of KCC 15.09.045 for multifamily design review and
mixed use design review, as well as area-specific design review, such as in
Midway, Downtown and along the Meeker Street Corridor. These facilities
are also subject to the following conditions:
a. Must be located within one quarter mile of publicly-accessible
amenities in at least three of the following categories. The distance shall
be measured as the shortest straight-line distance from the property line
of the proposed facility to the property line of the entities listed below:
i. Public park, as identified in the City’s most recently-
adopted Park and Open Space Plan, or owned or maintained by any
agency of the state, or any political subdivision thereof;
ii. Preschool, elementary, or secondary school (public or
private);
iii. Community or senior center;
iv. Church, religious institution, or other place of worship;
v. Recreational, artistic, cultural, or other similar event
center;
vi. Retail services, including, but not limited to: medical
services; food and beverage establishments; shopping centers; or
other commercial services that are relevant to the residents of the
proposed facility, as determined by the City’s economic and community
development director.
b. Alternatively, if the facility provides amenities in one or more
of the categories listed in 15.04.030(a) on the ground floor of the facility
itself, oriented towards the public (meaning that they are visible,
accessible and welcoming), the number of other amenities to which a
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11 Amend KCC 15.02 and 15.04 -
Re: Elder Care
quarter-mile proximity is required may be reduced at the discretion of the
City’s economic and community development director.
4. Multifamily residential uses, or other residential facilities where
allowed, when established in buildings with commercial or office uses, and
not located on the ground floor.
5. Multifamily residential uses, or other residential facilities where
allowed, when not combined with commercial or office uses.
6. Existing dwellings may be rebuilt, repaired, and otherwise changed
for human occupancy. Accessory buildings for existing dwellings may be
constructed subject to the provisions of KCC 15.08.160.
7. Transitional housing facilities, limited to a maximum of 20 residents
at any one time, plus up to four resident staff.
8. Accessory structures composed of at least two walls and a roof, not
including accessory uses or structures customarily appurtenant to
agricultural uses, are subject to the provisions of KCC 15.08.160.
9. Farm dwellings appurtenant to a principal agricultural use for the
housing of farm owners, operators, or employees, but not
accommodations for transient labor.
10. Accessory dwelling units shall not be included in calculating the
maximum density. Accessory dwelling units are allowed only on the same
lot with a principally permitted detached single-family dwelling unit, and
are subject to the provisions of KCC 15.08.160 and 15.08.350.
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12 Amend KCC 15.02 and 15.04 -
Re: Elder Care
11. Customary incidental home occupations subject to the provisions of
KCC 15.08.040.
12. [Reserved].
13. Subject to the combining district requirements of the mobile home
park code, Chapter 12.05 KCC.
14. Accessory living quarters are allowed per the provisions of KCC
15.08.359.
15. [Reserved].
16. Recreational vehicle storage is permitted as an accessory use in
accordance with KCC 15.08.080.
17. Accommodations for farm operators and employees, but not
accommodations for transient labor.
18. Other accessory uses and buildings customarily appurtenant to a
permitted use, except for onsite hazardous waste treatment and storage
facilities, which are not permitted in residential zones.
19. The following zoning is required to be in existence on the entire
property to be rezoned at the time of application for a rezone to an MR-T
zone: SR-8, MR-D, MR-G, MR-M, MR-H, NCC, CC, GC, DC, or DCE.
20. All multifamily townhouse developments in an MR-T zone shall be
recorded as townhouses with ownership interest, as defined in KCC
15.02.525.1, prior to approval of a certificate of occupancy by the city.
14
13 Amend KCC 15.02 and 15.04 -
Re: Elder Care
21. [Reserved].
22. One duplex per lot is permitted.
23. Secure community transition facilities are only permitted within the
boundaries depicted on the following map, and only with a conditional use
permit:
24. A secure community transition facility shall also comply with
applicable state siting and permitting requirements pursuant to Chapter
71.09 RCW. Secure community transition facilities are not subject to the
siting criteria of KCC 15.08.280 for class III group homes, but they are
subject to a 600-foot separation from any other class II or III group
home. In no case shall a secure community transition facility be sited
adjacent to, immediately across the street or parking lot from, or within
the line of sight of risk potential activities or facilities in existence at the
15
14 Amend KCC 15.02 and 15.04 -
Re: Elder Care
time a site is listed for consideration. Within line of sight means that it is
possible to reasonably visually distinguish and recognize individuals. For
the purposes of granting a conditional use permit for siting a secure
community transition facility, the hearing examiner shall consider an
unobstructed visual distance of 600 feet to be within line of sight. During
the conditional use permit process for a secure community transition
facility, line of sight may be considered to be less than 600 feet if the
applicant can demonstrate that visual barriers exist or can be created that
would reduce the line of sight to less than 600 feet. This distance shall be
measured by following a straight line, without regard to intervening
buildings, from the nearest point of the property or parcel upon which the
proposed use is to be located, to the nearest point of the parcel or
property or the land use district boundary line from which the proposed
use is to be separated. For the purpose of granting a conditional use
permit for a secure community transition facility, the hearing examiner
shall give great weight to equitable distribution so that the city shall not
be subject to a disproportionate share of similar facilities of a state-wide,
regional, or county-wide nature.
25. A designated manufactured home is a permitted use with the
following conditions:
a. A designated manufactured home must be a new
manufactured home;
b. The designated manufactured home shall be set upon a
permanent foundation, as specified by the manufacturer, and the space
from the bottom of the home to the ground shall be enclosed by concrete
or an approved concrete product that can be either load bearing or
decorative;
c. The designated manufactured home shall comply with all city
design standards applicable to all other single-family homes;
16
15 Amend KCC 15.02 and 15.04 -
Re: Elder Care
d. The designated manufactured home shall be thermally
equivalent to the State Energy Code; and
e. The designated manufactured home shall meet all other
requirements for a designated manufactured home as defined in RCW
35.63.160.
26. Multifamily dwellings shall be allowed only within the Kent
downtown districts outlined in the Downtown Subarea Action Plan and
shall be condominiums recorded pursuant to Chapter 64.32 or 64.34 RCW
or similar dwelling units with ownership interest and recorded as such
prior to approval of a certificate of occupancy by the city.
27. Within subdivisions, as defined by KCC 12.04.025, vested after
March 22, 2007, or altered to comply with zoning and subdivision code
amendments effective after March 22, 2007, 25 percent of the total
number of permitted dwelling units may be duplex or triplex townhouse
structures.
28. Live-work units; provided, that the following development standards
shall apply for live-work units, in addition to those set forth in KCC
15.04.190:
a. The unit shall contain a cooking space and sanitary facility in
conformance with applicable building standards;
b. Adequate and clearly defined working space must constitute
no less than 50 percent of the gross floor area of the live-work unit. Said
working space shall be reserved for and regularly used by one or more
persons residing there;
c. At least one resident in each live-work unit shall maintain at
all times a valid city business license for a business on the premises;
17
16 Amend KCC 15.02 and 15.04 -
Re: Elder Care
d. Persons who do not reside in the live-work unit may be
employed in the live-work unit when the required parking is provided;
e. Customer and client visits are allowed when the required
parking is provided;
f. No portion of a live-work unit may be separately rented or
sold as a commercial space for a person or persons not living on the
premises, or as a residential space for a person or persons not working on
the premises;
g. The multiple-family design guidelines and development
standards do not apply to live-work units;
h. Construct all nonresidential space, to the maximum allowed,
to commercial building standards; and
i. Provide an internal connection between the residential and
nonresidential space within each unit.
29. Subject to the maximum permitted density of the zoning district.
30. Conditional use when the number of residents exceeds 20 at any
one time or more than four resident staff.
SECTION 7. – 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 8. – 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;
18
17 Amend KCC 15.02 and 15.04 -
Re: Elder Care
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 9. – Effective Date. This ordinance shall take effect and
be in force 30 days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 2016.
APPROVED: day of , 2016.
PUBLISHED: day of , 2016.
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)
RONALD F. MOORE, CITY CLERK
p:\civil\ordinance\15.02 and 15.04 elder care.docx
19
18 Amend KCC 15.02 and 15.04 -
Re: Elder Care
20
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
January 6, 2016
TO: Chair Randall Smith and Land Use and Planning Board Members
FROM: Erin George, AICP, Senior Planner
RE: Emergency Shelters Zoning Code Amendment [ZCA-2016-1]
For January 11, 2016 Workshop
SUMMARY: City administration, council members and staff have recently been
contacted by human service organizations regarding the increasing need for
emergency shelters in Kent. According to the homelessness group All Home King
County, in 2015 nearly 10,000 people experienced homelessness on a given day in
King County, and 40% are unsheltered. Human service providers have suggested
increasing the locations where emergency shelters are allowed in Kent, especially
for women and children. Currently, emergency shelters are allowed only in
commercial and industrial zones by Conditional Use Permit.
BACKGROUND: An emergency shelter is a public or private facility providing
housing for individuals or families who are otherwise homeless and have no
immediate living options available to them. Such facilities may provide support
services, food, and sanitation and may not exceed a 90-day period per individual or
family. In recent years due to increased demand, emergency shelter providers have
tried unsuccessfully to open new facilities in downtown Kent. In some cases,
community opposition has been a factor in the decision to not move forward.
Recently, representatives from Kent Hope, Union Gospel Mission and Kent First
Presbyterian Church together approached City leadership with a request to consider
expanding zoning options for shelters.
As with any land use, emergency shelters may include unique impacts to the
surrounding neighborhood that need to be considered. Traffic (depending on hours
of operation) and client behavioral issues such as public drinking, loitering, littering,
and pan-handling have been known to occur; all of which may be controlled for with
appropriate management by the providers. These types of issues are reviewed
during the conditional use permit process, which is currently required by code for all
new emergency shelter facilities.
Based on initial staff review, there may be areas that are suitable for expanding
zoning to allow emergency shelters in more locations. As shown on the attached
21
map, Multi-Family Duplex (MR-D) zoned properties are located in a few areas of the
City, all near commercial zones that are transit-accessible and where related social
services are available or could be located.
Representatives from Kent First Presbyterian Church have suggested that the
presence of a church on a site with an emergency shelter could provide a solution
to address neighborhood concerns about impacts. Given that most churches are
established institutions that frequently include social service components and are
located on large parcels of land, allowing emergency shelters in conjunction with
churches and near other social services may be appropriate.
Allowing emergency shelters in the MR-D district only in conjunction with churches
and with a Conditional Use Permit is one option that would provide a limited
expansion of the land area where shelters could locate, while providing operational
oversight to monitor the shelter and minimize unwanted impacts. Under this
approach, other limitations and requirements may also be appropriate to ensure
that emergency shelters remain subordinate uses to churches.
In accordance with Kent City Code 15.09.050, zoning text amendments may be
initiated by resolution of intention by the Land Use & Planning Board. Staff is
seeking this initiation from the Board, as well as feedback and will be available at
the January 11th workshop to answer questions.
EG:pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2016\ZCA-2016-1 Emergency Shelters\1-11-16 LUPB workshop_memo Emergency Shelters.doc
Enc: Map of Existing Churches & Vacant/Redevelopable Land in Multifamily Zoning Districts
cc: Matt Gilbert, AICP, Current Planning Manager
Merina Hanson, Human Services Manager
File
22
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