HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 05/09/2016 (2)
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
MAY 9, 2016
7:00 PM
BOARD MEMBERS: Frank Cornelius, Chair; Katherine Jones, Vice Chair; Jack
Ottini, Barbara Phillips, Randall Smith
CITY STAFF: Planning Services: Charlene Anderson, Long Range Planning
Manager; Hayley Bonsteel, Planner/GIS Coordinator; Jason Garnham, Planner
This is to notify you that the Land Use and Planning Board will hold a Workshop on
MONDAY, MAY 9, 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. MEDICAL MARIJUANA PATIENT COOPERATIVES [ZCA-2016-5]
Requesting authorization from the Board to move forward with an amendment
pertaining to new category of medical marijuana growing operations.
Hayley Bonsteel
2. TREE PRESERVATION [ZCA-2016-6]
Discussion of amendments to Kent City Code 15.08.240 pertaining to tree
preservation requirements. Jason Garnham
For 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 South
Kent, WA 98032-5895
May 3, 2016
TO: Chair Frank Cornelius and Land Use and Planning Board Members
FROM: Hayley Bonsteel, Long Range Planner & GIS Coordinator
RE: Patient Cooperatives Code Amendment (ZCA-2016-5)
For May 9, 2016 Workshop
SUMMARY: Recent changes in state law will introduce a new category of medical
marijuana growing operation called a “patient cooperative,” replacing the existing
category of “collective garden” beginning July 1, 2016. The new category will allow
up to four qualifying patients and/or designated providers to form a “cooperative” in
which marijuana can be collectively grown for personal, medical use in the domicile
of one of the members. The Liquor and Cannabis Board cannot issue a license to a
cooperative where prohibited by a local zoning provision. Kent’s zoning code does
not address this new category of patient cooperatives, and staff seeks Board
authorization to amend the zoning code to keep pace with the changes in state law.
BACKGROUND: Second Substitute Senate Bill 5052 (SB 5052), signed into law on
April 22, 2015, makes two important changes to state law regarding medical
marijuana. By operation of Sections 26 and 50 of the Bill, qualifying patients and/or
designated providers may form a “cooperative” in which marijuana can be
collectively grown for personal, medical use, beginning July 1, 2016. In essence, it
attempts to accomplish what “collective gardens” were intended to be, by limiting
membership in the cooperative to no more than four individuals, requiring that all
members be registered with the newly-created state-run database of qualifying
patients or designated providers, mandating that all members provide actual
assistance in growing the plants, which means providing “nonmonetary resources
and labor” in order to qualify, and a host of other requirements, including the need
to obtain a license from the Liquor and Cannabis Board (LCB) before operation of
the cooperative would be lawful under state law. Perhaps most importantly, a
patient cooperative must be the domicile of one of the members; ergo,
cooperatives may only exist in residential areas. These changes in state law
necessitate an analysis of cooperatives’ potential impacts in residential areas and
associated necessary amendments to Kent’s zoning code.
HB:pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2016\ZCA-2016-5 Med Marijuana Patient Cooperatives\05-09-16 LUPB workshop MMJ Patient
Cooperatives Memo.doc
cc: Ben Wolters, Economic & Community Development Director
Charlene Anderson, AICP, Long Range Planning Manager
David Galazin, J.D., LL.M., Assistant City Attorney
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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
May 3, 2016
TO: Chair Frank Cornelius and Land Use & Planning Board Members
FROM: Jason Garnham, Planner
RE: Preservation of Trees - Code Amendment (ZCA-2016-6)
For May 9, 2016 Workshop
SUMMARY: At the April 13, 2015 Land Use and Planning Board workshop, City
staff presented several options for improving the requirements for tree retention in
the zoning code. The Board expressed a preference for replacing the current
standards with a per-lot tree credit system. Based on further analysis and
stakeholder input, staff has drafted an amendment implementing the current code.
BACKGROUND: The standards for preserving trees in new residential
developments were updated in 2007 to improve the appearance and value of Kent’s
neighborhoods. Requiring retention of a percentage of existing trees, staff finds that
the results of the current code are inconsistent when applied in actual development
proposals. The proposed amendment is intended to follow through on Council’s
strategic goal to ‘Beautify Kent’ with objectives to ‘Review and update city
development standards’ and ‘Implement a plan for private property beautification ’
by increasing the quantity and quality of trees retained and planted in relation to
new developments.
Staff will be available at the May 2nd workshop to discuss the proposed amendment.
JG:pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2016\ZCA-2016-6 Tree Preservation\TreePreservation memo LUPB 5-9-16.doc
Enc: Draft Code Changes, KCC 15.08.240
cc: Charlene Anderson, AICP, Long Range Planning Manager
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15.08.240 Preservation of trees.
A. Purpose. Retention of significant trees Tree density, as required by this section is necessary to maintain and
protect property values, to enhance the visual appearance of the city, to preserve the natural wooded character
of the area, to promote utilization of natural systems, to reduce the impacts of development on the storm
drainage system, and to provide a transition between various land uses in the city.
B. Regulations. Application of regulations for the preservation of significant trees is as follows:
1. On all undeveloped property in the city, all trees of a six (6) inch caliper or greater shall be retained on
the property where they are growing.
2. Where it is not feasible to retain all trees on the site due to the proposed development, a site
specific tree plan, drawn to scale, shall be prepared. The tree plan shall indicate the species of tree and
precise location of all trees of a six (6) inch caliper or greater on the site in relation to
proposed buildings, streets, parking areas, storm drainage facilities, and utilities. Trees to be retained
pursuant to this section shall be marked by encircling the tree with a stripe of nontoxic paint of a color
and type sufficient to remain visible during onsite construction activity. Trees to be retained shall be
protected during construction, and the dripline shall be delineated with boundary markers.
No grade changes or storage of materials shall be allowed within the tree dripline. Drainage patterns
shall not be significantly altered that may be detrimental to the subject trees.
3. The tree plan and photograph of the trees on the property shall be submitted to the city planning
services division for its review prior to the issuance of a zoning or building permit.
4. The planning services division shall review the tree plan in relation to the proposed development and
make a determination of which trees will be permitted to be removed.
5. The planning services division may cause a modification of the development plan to ensure the
retention of the maximum number of trees. Should the applicant elect to alter the development plan in
order to preserve special trees or wooded areas in a natural state, the planning manager may waive
specific requirements to allow for flexibility and innovation of design.
6. There shall be no clear-cutting of trees of a six (6) inch diameter or greater on undeveloped land for
the purpose of preparing that site for future development.
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CB. Applicability. The requirements of this section shall be imposed in conjunction with approval of
subdivisions, short subdivisions, planned unit developments, development of undeveloped land, or when a
change in the area devoted to parking and circulation is required by the Kent City Code. However, this section
does not apply to a permit for a single-family dwelling, unless restrictions on the removal of significant trees on
individual single-family lots have been imposed through prior city approval.
DC. Required Review. The director shall review the proposed removal of significant trees Tree Retention
Plan with each permit application within the applicability of this section.
E. Retention of significant trees.
1. Perimeter landscaping area. In the required perimeter landscaping areas, as set forth in
Ch. 15.07 KCC, the applicant shall retain all significant trees which will not constitute a safety hazard.
Areas devoted to access and sight distance, and areas to be cleared for required roads, utilities,
sidewalks, trails, or storm drainage improvements are exempt from this requirement.
2. Site interior.
a. In areas of the site other than the required perimeter landscape area, the applicant shall retain a
minimum fifteen (15) percent of the diameter inches of the significant trees existing in this area;
provided, that alder and cottonwood treesdiameter inches shall be discounted by a factor of one-
half (1/2). In applying the requirement for retention of significanttrees, the planning manager shall
consider a priority the preservation of the following types of significant trees:
(1) Healthy significant trees over sixty (60) feet in height;
(2) Significant trees which form a continuous canopy;
(3) Significant trees which contribute to the character of the environment, and do not
constitute a safety hazard;
(4) Significant trees which provide winter wind protection or summer shade;
(5) Groups of significant trees which create a distinctive skyline feature; and
(6) Significant trees in areas of steep slopes or adjacent to watercourses or wetlands.
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b. The planning manager may approve retention of trees which do not meet the definition of
significant trees as a contribution toward the sum of the diameter inches required under subsection
(E)(2)(a) of this section if a group of trees and its associated undergrowth can be preserved.
3. Exemption. The provisions of this subsection which require retention of significant trees are not
applicable in any downtown land use district.
4. Reduced parking bonus. If the proposed landscape plan incorporates the retention of
significant trees above that required by this section, the planning manager may approve a reduction of
up to ten (10) percent of the required number of parking spaces if adequate parking will remain on the
subject property, and if land area for the required number of spaces remains available for future
development on the subject property.
D. Tree Density Requirements.
1. The required tree density is 30 tree credits per net acre. The tree density may consist of
existing trees pursuant to the tree’s retention value, supplemental trees, or a combination of
existing and supplemental trees.
a. Tree Density Calculation:
(i) Public right-of-way, areas to be dedicated as public right-of-way, utility
corridor, and vehicular access or utility easements not included as lot area with
the approved development plan shall be excluded from the area used for tree
density calculation.
(ii) The retention of Alders and Cottonwoods shall be exempt from the tree
density calculation.
b. Existing Individual Trees: Diameter Breast Height (DBH) of the tree shall be measured
in inches 4.5 feet from the ground.
c. Tree Credit Value: the tree credit value that corresponds with DBH shall be found in
Table A.
Table A
Tree Density for Existing Significant Trees
(Credits per minimum diameter – DBH)
DBH Tree Credits DBH Tree Credits DBH Tree Credits
*2.0 – 5" 0.5
6 – 10" 1 24" 8 38" 15
12" 2 26" 9 40" 16
14" 3 28" 10 42" 17
16" 4 30" 11 44" 18
18" 5 32" 12 46" 19
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20" 6 34" 13 48" 20
22" 7 36" 14 50" 21
Example: a 7,200-square-foot lot would need five (5) tree credits (7,200/43,560 = 0.165 X 30 = (4.9) or
five (5)). The density for the lot could be met with one (1) existing 16-inch tree and one (1) existing 6-inch
tree on site.
*Replacement deciduous trees shall be at least two inches in diameter at the time of planting. An
evergreen shall be at least six feet in height. See, Kent City Code 15.08.240 (G)(3).
*When using replacement trees measuring three inches in diameter or greater, one-half inch diameter of
replacement tree shall be provided for every one inch diameter of significant tree to be replaced.
d. Supplemental Trees: Where the existing trees to be retained do not satisfy the tree
density requirement, supplemental trees shall be planted to achieve the required tree
density. Size and tree credit value for supplemental trees shall conform to Table A above.
e. Off-Site. When room is unavailable for planting the required trees on site, then they
may be planted at another approved location in the city.
f. City Forestry Account. When the director determines on-site and off-site locations are
unavailable, then the applicant shall pay an amount of money approximating the current
market value of the supplemental trees into the city forestry account.
g. Order of Priority: The preferred location for new trees is on-site. In designing a
development and in meeting the required minimum tree density requirements, the trees
should be planted in the following order of priority:
1. Individual residential building lots,
2. Subdivision entrance landscaping areas,
3. On-site recreation areas when provided per KCC 12.04.060, and
4. Within 10 feet from the property’s perimeter boundary.
2. Tree Retention Plan: The applicant for a development permit must submit a Tree Retention
Plan containing the following information, unless waived by the director.
a. Tree Inventory containing the following:
1. Size (DBH) and common genus name of the tree;
2. Limits of disturbance (LOD) of all existing trees proposed for retention;
3. Formalized finding by a licensed arborist stating that all trees proposed for
retention are suitable for retention.
b. Site Plan depicting the following:
1. Accurate location of trees proposed for retention on the subject property in
relation to proposed buildings, streets, parking areas, storm drainage facilities,
and utilities (surveyed locations may be required);
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2. Limits of disturbance drawn to scale around all trees potentially impacted by
site disturbances resulting from grading, demolition, or construction activities;
3. Proposed locations, types, and size of any supplemental trees and any
required trees in order to meet the tree density requirements; and
4. Location of tree protection measures to be maintained in proximity to retained
trees according to the particular tree’s DBH (1-foot radius of protected area is
required per 1-inch of DBH), which shall include the following minimum
requirements:
(i) A fence shall be placed around the tree insofar as is practical prior to
any work, and no construction activities may be carried out within the
protected area, except as allowed by permit;
(ii) Permits for construction within the protected area of any tree shall
include: use of rubber tired vehicles for utility installation within the outer
one-third of the tree protection area, provisions for hand trenching within
the inner two-thirds of the tree protection area; construction of approved
tree wells; and prohibition of grading, cuts, and fills;
(iii) Appropriate signage must be posted on the fence protecting the tree
during construction, which shall clearly state the purpose of the fence
and prohibit the storage of materials or equipment; and
(vi) Grade changes of three inches or greater within the inner two-thirds
of the tree protection area will require additional measures in order to
maintain proper oxygen and water exchange with tree roots. With major
grade changes, a retaining wall or tree well of rock or brick shall be
constructed around the tree not closer than one-half the distance
between the trunk and the outer edge of the tree protection area. Grade
changes greater than one inch may not be made without the prior
approval of the director.
3. Exemption. The provisions of this subsection which establishes a tree density requirement are
not applicable in any downtown land use district.
4. The Tree Retention Plan shall be submitted to the city permit center for review and approval
prior to the issuance of a zoning or building permit.
FE. Alternative tree retention option.
1. An applicant may request a modification of the tree retention requirements set forth in subsection (ED)
of this section.
2. The director may approve a modification of the perimeter or interior tree retention requirements if:
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a. The modification is consistent with the stated purpose of this section; and
b. The modification proposal either:
b. The modification incorporates the retention of other natural vegetation in consolidated locations
which promotes the natural vegetated character of the site and neighborhood including use for
agricultural purposes.
(1) Incorporates the retention of significant trees equal in equivalent diameter inches or
incorporates the increased retention of significant trees and naturally occurring undergrowth
beyond what would otherwise be required, or
(2) Incorporates the retention of other natural vegetation in consolidated locations which
promotes the natural vegetated character of the site and neighborhood including use as
pasture land or for agricultural uses.
3. Where a modification includes supplemental or replacement trees in lieu of retention, the applicant
shall utilize plant materials from the city’s list of plants for the Pacific Northwest.
G. Replacement of removed or damaged trees. Trees removed illegally from undeveloped
land or trees designated for retention which are damaged or destroyed shall be replaced as follows:
1. One existing tree at a six- inch diameter shall be replaced by two new trees.
2. For each additional three inches of diameter, one new replacement tree shall be added, up to a
maximum of six trees.
3. Replacement deciduous trees shall be at least two inches in diameter at the time of planting. An
evergreen shall be at least six to eight feet in height.
(Ord. No. 2452, § 1; Ord. No. 2932, § 2, 7-17-90; Ord. No. 3830, § 19, 3-6-07)
Cross reference(s) – Street trees, ch. 6.10.
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