HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 04/26/2021 (2)
Land Use and Planning Board
Agenda
Board Members: Ali Shasti, Chair
Shane Amodei, Vice Chair - Dione Dittmar - Katherine Jones -
Joseph O'Toole - -
Monday, April 26, 2021
6:00 p.m.
DUE TO COVID-19 AND HEALTH SAFETY REQUIREMENTS, AND BY
ORDER OF THE GOVERNOR
THIS IS A REMOTE MEETING
You can listen to the meeting by calling
1-888-475-4499 or 1-877-853-5257
and enter Meeting ID: 980 6588 6542
Item Description Action Speaker Time
1. Call to Order Chair 01 MIN.
2. Roll Call Chair 02 MIN.
YES
3. Approval of March 8, 2021 Chair 05 MIN.
Minutes
4. Changes to the Agenda Chair 01 MIN.
YES
5. Public Hearing - Rooster Ban Sam Alcorn, Planner 20 MIN.
Zoning Code Amendment
NO
6. Kent Housing Options Plan and Hayley Bonsteel, Long 35 MIN.
Mobile Home Park Study Results Range Planning
Manager, and Kaelene
Nobis, Planner
7. Adjournment Chair 01 MIN.
Unless otherwise noted, the Land Use and Planning Board meets at 6 p.m. on the second
and fourth Mondays of each month in the Kent City Hall, Council Chambers East, 220 Fourth
Avenue South, Kent, WA 98032.
For additional information please contact Tanya Kosen at 253-856-5461, or email Tanya
Kosen at TKosen@KentWA.gov.
253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay
Service at 7-1-1.
4
Pending Approval
Land Use and Planning Board
Land Use Regular Meeting
Minutes
March 8, 2021
Date: March 8, 2021
Time: 6:05 p.m.
Place: THIS IS A REMOTE MEETING
Attending: Ali Shasti, Chair
Shane Amodei, Vice Chair
Dione Dittmar,
Katherine Jones,
Joseph O'Toole,
Agenda:
1. Call to Order 6:05 p.m.
Attendee Name Title Status Arrived
Ali Shasti Chair Present
Shane Amodei Vice Chair Present
Dione Dittmar Present
Katherine Jones Present
Joseph O'Toole Present
3. Approval of Minutes dated February 22, 2021
MOTION: Move to approve the Minutes dated February 22, 2021
RESULT: APPROVED \[UNANIMOUS\]
MOVER: Shane Amodei, Joseph O'Toole
AYES: Shasti, Amodei, Dittmar, O'Toole
ABSENT: Jones
4. Changes to the Agenda
5. Kent Housing Options Plan (KHOP): Middle Housing and Outreach
Results
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In the summer of 2019, the Washington State Legislature passed House Bill
1923 (HB 1923). This bill authorized funding to Washington State
jurisdictions to choose from a menu of options, or complete a Housing Action
Plan, with the intent of increasing housing availability.
Staff have been working on the creation of the Kent Housing Options Plan
(KHOP) as phase II of the expenditure of HB 1923 funds.
Kaelene Nobis and Hayley Bonsteel summarized and shared information
Page 1 of 2
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4
Land Use and Planning Board Land Use Regular March 8, 2021
Meeting Kent, Washington
Minutes
shared the initial outreach findings gathered from an online survey, public
meetings, and focus groups.
There was a lively discussion after the presentation with members asking
about developer involvement, types of middle housing options, design review
for middle housing and availability of zoned property for middle housing.
6. Rooster Ban Zoning Code Amendment
The City has received complaints that noise nuisances caused by roosters
persists in the city. Following research and consultation with Legal, staff
believes a Zoning Code amendment is needed, and should address the
following:
1) Specifically banning roosters in Kent City Code 15.08.070 - keeping of
animals.
Currently, Kent addresses noise nuisances caused by roosters in the following
code sections: Kent City Code 8.01.030(12) and Kent City Code
15.08.070(C)
Kent Code Enforcement officers have found that it is difficult to enforce noise
nuisances caused by roosters as the code requires them to personally hear or
record the habitual making of noise to be able to issue a citation.
Roosters are not specifically mentioned in this code section. Adding language
to this code section banning roosters would allow Kent Code Enforcement
officers to more effectively address noise nuisances caused by rooster
ownership.
Many other cities including Auburn, Renton, and Federal Way explicitly ban
roosters within city boundaries.
There were questions and discussion by the board regarding whether the
code amendment goes far enough.
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There were concerns regarding whether the City has a limit to the amount of
chickens allowed independent of lot size.
There was also concern regarding large domesticated animals such as goats.
7. Adjournment 7:10 p.m.
Tanya Kosen
Committee Secretary
Page 2 of 2
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6
ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE
Kurt Hanson, Economic and Community Development Director
220 Fourth Avenue S,
Kent, WA 98032
253-856-5454
DATE: April 26, 2021
TO: Land Use and Planning Board
FROM: Economic and Community Development
SUBJECT: Public Hearing - Rooster Ban Zoning Code Amendment
MOTION: Recommend the Kent City Council adopt a proposed amendment to Kent
City Code 15.08.070, on the keeping of animals, to specifically ban rooster
ownership in the City of Kent.
SUMMARY: Cur
swans, or other fowl of similar size and character) on lots of 5,000 square feet or
larger. 3 fowl are allowed on a 5,000 square foot lot, and one additional fowl is
allowed for each additional 1,000 square feet (per KCC 15.08.070). Roosters,
however, are not specifically addressed except within the Public Nuisances section
any animal which
g of other noises shall annoy or disturb
unlawful.
The City receives periodic complaints regarding rooster noise; however,
enforcement of the public nuisance section listed above has proved challenging. As
the nuisance is crowing, code enforcement officers must observe and record the
crowing first-hand in order to issue citations. Many other cities including Auburn,
Renton, and Federal Way ban roosters within city boundaries. A simple ban would
be easier to enforce, as officers would only need to observe presence of a rooster.
Following research and consultation with Legal, staff believes a Zoning Code
amendment is needed, and recommends specifically banning roosters in Kent City
Code 15.08.070.
th
Staff will be available at the April 26 LUPB hearing to present information on the
code amendment, answer questions, and receive feedback from LUPB members.
BUDGET IMPACT: None
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
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ATTACHMENTS:
1. LUPB_4-26_PublicHearing_Slides_Final (PDF)
2. 3/21/2021 Public Comment - Erika Overall, Kent Resident (PDF)
3. DRAFT Ordinance to Ban Roosters (KCC 15.08.070) Law Review 4.15.2021
(DOCX)
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Amendment
Rooster BanZoning Code Land Use & Planning Board April 26, 2021 public hearing
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.
to enforce.
periodic complaints from
The City receives residents about frequent crowing of roosters, especially in spring and summerCode Enforcement Officers have expressed that the existing code is difficult
uu
Noise Nuisance
Complaints u
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.
neighborhood or
or habitual …
fowl
square feet
of similar size and character
shall annoy or disturb a
or other fowl
KCC 8.03.030.A:
–
of any animal which by frequent
feet may have (3) domesticated
from lot lines
KCC 15.08.070:
-
KCC 8.01.030(12):
-
Animals
Lots at least 5,000 square One (1) additional fowl is allowed per additional 1,000 Coops must be 10 feet Any duck, goose, swan, chicken, “The keeping or harboring crowing or the making
of other noises any considerable number of persons” is deemed an unlawful public nuisance.
eping of
uuuuu
KeDomesticated Fowl definition Public Nuisances
uuu
Existing Code
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oosters kept
approaches
oosters are not permitted within the city
“R
s a violation for any persons to own, possess, or
ay
“It’
“The keeping of roosters or peahens/peacocks is
nton
Other Cities’
Auburnharbor a rooster within city limits”Federal Wexcept for those lots zoned suburban estate. Rprior to the adoption of this section shall be removed from the property no later than
June 30, 2011.”Reprohibited.”
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ing
roosters
an alleged cockfighting operation; K
and geese
of roosters crowing early in the morning
investigation for
date set for May 2021
geese be banned in addition to
under criminal
& times of geese honking early in the morning
door neighbor has multiple roosters
-
ovided dates & times in recent months
NextPrAlso dates This neighbor is County Superior Court trial Ms. Overall asks that
uuuuu
One comment received from Erika Overall via email on 3/21/21:
Public Comments u
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noise
complaints warrant
be an ongoing
cities
crowing is difficult to enforce
a sentence to KCC 15.08.070 to ban roosters.
a later date if ongoing
ecommendation
research have revealed roosters to
visiting geese at
-
s existing public nuisance code re:
Draft ordinance proposes adding
nt’commend re
u
Staff experience & problemKeRecommend banning roosters like many other Staff is not aware of previous complaints regarding geese, and did not find geese bans in other cities. Reit; unless
LUPB prefers to include geese in the current proposed ban.
Conclusions & R uuuuu
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Questions?
6/c
I’m forwarding this to Planner, Sam Alcorn, who is working on this amendment.
Sincerely,
EXTERNAL EMAIL
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ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington,
RECITALS
A.
B.
C.
D.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. Amendment KCC 15.08.070. Section 15.08.070 of the
Sec. 15.08.070. Keeping of animals. The keeping of bees, small
domesticated animals, large domesticated animals, and domesticated fowl,
as those terms are defined in KCC 8.03.030, is permitted in all zones as an
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accessory use to any principal use permitted or to a permitted conditional
1 Amend KCC 15.08.070 -
Re: Prohibiting Roosters
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use, subject to the standards and restrictions of this section and Ch. 8.03
KCC.
A. Small domesticated animals. Up to three (3) small domesticated
animals may be kept accessory to each business establishment or dwelling
unit on a lot, except as follows:
1. In no case is more than one (1) miniature potbelly pig allowed
per business establishment or dwelling unit.
2. More than three (3) small domesticated animals are permitted
on lots of at least twenty thousand (20,000) square feet, subject to the
provisions of Ch. 8.03 KCC.
3. In no case shall a structure that restrains or houses small
domesticated animals, such as a kennel or other accessory structure, be
located closer than ten (10) feet from any other residential lot.
B. Miniature potbelly pigs. The type of swine commonly known as the
Vietnamese, Chinese, or Asian potbelly pigs (Sus scrofa bittatus) may be
kept as a small domesticated animal in accordance with subsection (A) of
this section; provided, the swine is neither greater than twenty-two (22)
inches in height at the shoulder nor more than one hundred fifty (150)
pounds in weight. In the event the swine exceeds either of these limitations,
it is not allowed within the city. A miniature potbelly pig shall be considered
a small domesticated animal when determining the number of small
domesticated animals permitted on a lot.
C. Domesticated fowl. Up to three (3) domesticated fowl may be kept on
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any lot that is at least five thousand (5,000) square feet, subject to the
2 Amend KCC 15.08.070 -
Re: Prohibiting Roosters
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provisions of Ch. 8.03 KCC. These domesticated fowl are in addition to the
small domesticated animals that may be permitted on a lot in accordance
with subsection (A) of this section. One (1) additional domesticated fowl is
permitted for each one thousand (1,000) square feet of land in excess of the
minimum five thousand (5,000) square foot threshold. In no case shall a
coop or other accessory structure that restrains or houses domesticated fowl
be located closer than ten (10) feet from any other residential lot. The
keeping of roosters is prohibited within the city. Roosters kept prior to the
adoption of this prohibition shall be removed from the property no later than
December 31, 2021.
D. Large domesticated animals. Large domesticated animals are
permitted only on lots of at least twenty thousand (20,000) square feet
subject to the provisions of Ch. 8.03 KCC. The keeping of swine is prohibited,
except for a single miniature potbelly pig maintained in accordance with
subsection (B) of this section.
1. One (1) large domesticated animal for every ten thousand
(10,000) square feet of lot area is permitted.
2. Large domesticated animals and structures housing them must
be kept at least fifty (50) feet from any other lot in a residential zone.
E. Beekeeping. Beekeeping is permitted as an accessory use, when
registered with the State Department of Agriculture; provided, that:
1. No more than four (4) hives, each with only one (1) swarm,
shall be kept on lots of less than ten thousand (10,000) square feet.
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3 Amend KCC 15.08.070 -
Re: Prohibiting Roosters
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2. Hives shall not be located within twenty-five (25) feet of any
property line except when situated eight (8) feet or more above the grade
immediately adjacent to the grade of the lot on which the hives are located
or when situated less than eight (8) feet above the adjacent existing lot
grade and behind a solid fence or hedge six (6) feet high parallel to any
property line within twenty-five (25) feet of a hive and extending at least
twenty-five (25) feet beyond the hive in both directions.
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
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 days from and after its passage, as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
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4 Amend KCC 15.08.070 -
Re: Prohibiting Roosters
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Date Published
APPROVED AS TO FORM:
, CITY ATTORNEY
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Re: Prohibiting Roosters
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7
ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE
Kurt Hanson, Economic and Community Development Director
220 Fourth Avenue S,
Kent, WA 98032
253-856-5454
DATE: April 26, 2021
TO: Land Use and Planning Board
FROM: Economic and Community Development
SUBJECT: Kent Housing Options Plan and Mobile Home Park Study
Results
SUMMARY: In the summer of 2019, the Washington State Legislature passed
House Bill 1923 (HB 1923). This bill authorized funding to Washington State
jurisdictions to choose from a menu of options, or complete a Housing Action Plan,
with the intent of increasing housing availability.
City staff has been working on the creation of the Kent Housing Options Plan
(KHOP) as Phase 2 of the expenditure of HB 1923 funds, after the first phase of
collaborative data gathering wrapped up in mid-2020. Phase 2 also involved a study
policies in KHOP will be summarized and shared at the workshop.
The data, outreach, and strategies have all previously been presented to LUPB. The
th
full draft plan will be returning to LUPB on May 10, 2021, for a public hearing.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
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