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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 07/26/2021 (2) Land Use and Planning Board Agenda Board Members: Michael Purwal, Sally McDonough, - Ali Shasti - Shane Amodei - Dione Dittmar - Katherine Jones - Joseph O'Toole Monday, July 26, 2021 6:00 p.m. Persons with written proof of Covid-19 vaccination status may enter Council Chambers and remove face coverings. Persons without proof of vaccination status will view the meeting from the lobby, wear face coverings, and practice physical social distancing from non-household members. You can listen to the meeting by calling 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID: 945 3407 1842 Item Description Action Speaker Time 1. Call to Order Chair 01 MIN. 2. Roll Call Chair 02 MIN. YES 3. Approval of July 12, 2021 Chair 05 MIN. Minutes 4. Changes to the Agenda Chair 01 MIN. YES 5. Code Amendments to Comply Hayley Bonsteel, AICP, 30 MIN. with House Bill 1220 Long Range Planning Manager 6. 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 July 12, 2021 Date: July 12, 2021 Time: 6:02 p.m. Place: THIS IS A REMOTE MEETING Attending: Michael Purwal, Sally McDonough, Ali Shasti, Chair Shane Amodei, Vice Chair Dione Dittmar, Katherine Jones, Joseph O'Toole Agenda: 1. Call to Order 6:02 p.m. Attendee Name Title Status Arrived Michael Purwal Present Sally McDonough Present Ali Shasti Chair Present Shane Amodei Vice Chair Present Dione Dittmar Excused Katherine Jones Present Joseph O'Toole Present 3. Approval of Minutes dated May 24, 2021 MOTION: Move to approve the Minutes dated May 24, 2021 RESULT: APPROVED \[4 TO 0\] MOVER: Shane Amodei, Joseph O'Toole AYES: Shasti, Amodei, Jones, O'Toole ABSTAIN: Purwal, McDonough Njovuft!Bddfqubodf;!Njovuft!pg!Kvm!23-!3132!7;11!QN!!)PQFO!TFTTJPO* EXCUSED: Dittmar 4. Changes to the Agenda No changes. 5. Introduction of New LUPB Members Hayley Bonsteel made a brief introduction of the new LUPB members, Sally McDonough and Michael Purwall. 6. Code Amendments to Kent City Code Chapters 6.15, 6.16, and 15.08 RE: Wireless Facilities Page 1 of 3 Qbdlfu!Qh/!3 4 Land Use and Planning Board Land Use Regular July 12, 2021 Meeting Kent, Washington Minutes A presentation for the code amendment changes regarding Wireless Facilities was made by Christina Schuck and Erin George. City right-of-way supports a variety of telecommunication facilities installed on utility poles and streetlights. These telecommunication facilities are regulate these facilities is pre-empted. The City retains the authority to impose regulations for safety and aesthetics. The City regulates larger wireless facilities, such as towers and monopoles, within Zoning Code (KCC 15.08.035). Small wireless facilities (SWF), also known as small cells, are governed by Public Works chapter KCC 6.16, initially adopted in 2019 and -of- the right-of-way through franchise agreements and master license agreements for the deployment of small wireless facilities is set forth in chapter 6.15 KCC. As wireless technology and federal law continue to evolve and change, minor amendments to these code provisions are necessary to address these changes and to better facilitate the deployment of this technology. Specifically, the proposed ordinance updates the design standards for street lights to better accommodate new designs and 5G antennas and to allow for the installation of strand-mounted small wireless facilities on the cables between utility poles. This amendment also clarifies that the small wireless facilities design standards apply to any light poles within and outside of the right-of-way (e.g., in parking lots). To limit the visual effects and physical bulk of the proliferation of wireless facilities on residential areas, the ordinance prohibits the installation of small wireless facilities outside of the right-of-way and prohibits ground-mounted equipment within the right-of-way, the boundary of which can extend into front yards. These amendments also limit the height of replacement utility poles used to install larger wireless facilities in all areas of the City. Additionally, this ordinance updates terminology and definitions to better Njovuft!Bddfqubodf;!Njovuft!pg!Kvm!23-!3132!7;11!QN!!)PQFO!TFTTJPO* align with federal law and to reflect the evolving types of wireless telecommunication facilities (not small cells) being installed throughout the City. There were questions from the board regarding the differences in codes for SWF and the larger wireless towers as well as concern regarding how much discretion staff has in approving or rejecting permit requests based on aesthetics. Members and staff worked on adding more locations in residentially zoned neighborhoods outside of the right-of-way that can house SWF including public schools and City parks with appropriate set-backs. The changes agreed to are: 6.16.040(D) Small wireless facilities are not Page 2 of 3 Qbdlfu!Qh/!4 4 Land Use and Planning Board Land Use Regular July 12, 2021 Meeting Kent, Washington Minutes permitted in residential zoning districts outside of the right-of-way, except in public parks and on public school campuses, set back 30 feet away from property lines. Two speakers from the Wireless Policy Group representing Verizon and AT &T supported the additional language and pushed for more flexibility in Pole height and separation. Those were tabled in favor of passing what was in front of the board. MOTION: Recommend City Council adopt the ordinance amending chapter 6.16 to update the design standards for small wireless facilities, and to update definitions and references within Kent City Code 6.15.050 and 15.08.035 related to wireless facilities. RESULT: RECOMMENDED TO COUNCIL \[UNANIMOUS\] Next: 7/27/2021 4:00 PM MOVER: Joseph O'Toole SECONDER: Sally McDonough AYES: Purwal, McDonough, Shasti, Amodei, Jones, O'Toole EXCUSED: Dittmar 7. House Bill 1220 Hayley Bonsteel presented on zoning changes the City of Kent must consider to be in compliance with House Bill 1220. During the regular legislative session of 2021, the state legislature passed House Bill 1220, supporting emergency shelters and housing through local planning and development regulations. The bill makes changes to the Growth Management Act, specifically through increasing the requirements of the Housing Element of the Comprehensive Plan; it also defines new parameters for the zoning of indoor emergency shelters, permanent supportive housing, and transitional housing. Njovuft!Bddfqubodf;!Njovuft!pg!Kvm!23-!3132!7;11!QN!!)PQFO!TFTTJPO* Hayley provided an overview of the bill, including known and unknown characteristics of the relevant types of housing/facilities, and discussed the 8. Adjournment 7:45 p.m. Tanya Kosen Committee Secretary Page 3 of 3 Qbdlfu!Qh/!5 6 LAND USE AND PLANNING BOARD 220 Fourth Avenue South Kent, WA 98032 DATE: July 26, 2021 TO: Land Use and Planning Board FROM: Economic and Community Development SUBJECT: Code Amendments to Comply with House Bill 1220 MOTION: Recommend Kent City Council adopt amendments to Chapter 15 of the Kent City Code consistent with House Bill 1220, as recommended by staff. SUMMARY: During the regular legislative session of 2021, the state legislature passed House Bill 1220, supporting emergency shelters and housing through local planning and development regulations. The bill defines new parameters for the zoning of indoor emergency shelters, permanent supportive housing, and transitional housing, some of which are already met in Kent City Code. Staff are now proposing a draft set of code amendments to comply with the remaining provisions of HB 1220, including allowing facilities in a greater range of zones with restrictions related to intensity of use. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Draft Ordinance 1220 KCC 15_add school (PDF) Qbdlfu!Qh/!6 6/b ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 15 of the requirements of House Bill 1220 to support emergency shelters and housing through local planning and development regulations. RECITALS A. During the regular legislative session of 2021, the state legislature passed House Bill 1220, supporting emergency shelters and housing through local planning and development regulations. The bill defines new parameters for the zoning of indoor emergency shelters, permanent supportive housing, and transitional housing. B. There are many types and models of housing and facilities that serve otherwise homeless persons; funding and operating trends change over time and statutes/zoning codes may or may not keep pace with these changes. Kent City Code specifically incorporates some, but not all, of these types of facilities. Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* C. The City of Kent previously passed Ordinance 4358 on May 5, 2020, which expanded the zones in which indoor emergency shelters, known in Kent City comply with HB 1754 from the 2020 legislative session. This ordinance 1 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!7 6/b established reasonable requirements on indoor emergency shelters to ensure the safe development and operation of these facilities, and ensured existing emergency housing facilities in Kent (which operate on a ninety days D. The City of Kent has one permanent supportive housing project fully constructed within the city already; the project was permitted as multifamily due to its similarity in built form. No specific zoning parameters are codified in Kent City Code related to permanent supportive housing; it is a relatively new model of housing for the homeless. E. Transitional housing, a somewhat outdated model of supportive housing facility, is already defined and allowed in Kent City Code in several multifamily, mixed use and commercial zones. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. Amendment KCC 15.02.173. Section 15.02.173 of the Section 15.02.173. Group Home. A. Class I group home. Class I group home means publicly or privately operated residential facilities including state-licensed adult family homes as Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* defined by RCW 70.128.010, state-licensed foster-family homes as defined by RCW 74.15.020(e); group homes for individuals who are developmentally, physically, or mentally disabled; and group homes or halfway houses for recovering alcoholics and former drug addicts; and permanent supportive housing as defined in RCW 36.70A.030 within a 2 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!8 6/b single-family dwelling. A class I group home shall have a maximum of six residents not including providers. B. Class II group home. Class II group home means publicly or privately operated residential facilities for juveniles under the jurisdiction of the criminal justice system. These homes include state-licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, and halfway houses providing residence to juveniles needing correction or for juveniles selected to participate in state- operated work release and pre-release programs. The planning director shall have the discretion to classify a group home proposing to serve juveniles convicted of the offenses listed under class III group home in this section as a group home class III, and any such home shall be sited according to the regulations contained within the group III classification. 1. Group home, class II-A. A class II-A group home shall have a maximum of eight residents including resident staff. 2. Group home, class II-B. A class II-B group home shall have a maximum of 12 residents including resident staff. 3. Group home, class II-C. A class II-C group home shall have a maximum of 18 residents including resident staff. C. Class III group home. Class III group home means privately or Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* publicly operated residential facilities for adults under the jurisdiction of the criminal justice system who have entered a pre- or post-charging diversion program, or been selected to participate in state-operated work/training release or other similar programs as provided in Chapters 137-56 and 137- 57 WAC. Such groups also involve individuals who have been convicted of a 3 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!9 6/b violent crime against a person, or a crime against property with a sexual motivation and convicted or charged as a sexual or assaultive violent predator. Secure community transition facilities are considered class III group homes. Secure community transition facilities shall have a maximum of three residents, excluding resident staff, unless the state agency proposing to establish and operate the facility can demonstrate that it has equitably distributed other secure community transition facilities with the same or a greater number of residents in other jurisdictions or communities throughout the entire geographic limits of King County. SECTION 2. Amendment KCC 15.02.125. Section 15.02.125 of the Dwelling, multifamily follows: Section 15.02.125. Dwelling, multifamily. Multifamily dwelling means a residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided. This definition does not include independent senior living facilities, assisted living facilities, detached single-family structures designed as part of a multiple-structure development such as a planned unit development, residential facilities with health care, transitional housing, or group homes. This definition does include senior housing that does not provide meals, as well as permanent supportive housing as defined in RCW 36.70A.030. Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* SECTION 3. Amendment KCC 15.04.020. Section 15.04.020 of the Residential land uses follows: 4 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!: 6/b Section 15.04.020. Residential land uses. !! Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses 26 A = Accessory Uses 5 1112 . -- M DTTGH M = Minor Conditional 13468 0------PR C E CC ----- 1 RRRRRRHTTC C CCCCM Uses -GRRRRR 123 AASSSSSMMMMMMMNCDDMMMCGIII P P P P P P P P P P P P P A A A One single-family (1) (1) (1) dwelling per lot P P P P (27) (27) (27) One duplex per lot P P P P P P P P P P P P One modular home per lot P P P P P P P P P Duplexes (27) (27) (27) (22) P P P P P P P P P P P P P P Multifamily (27) (27) (27) (19) (19) (2) (2) townhouse units (20) (20) P P P P P P P P P P P P P P Multifamily dwellings (26) (26) (2) (4) (12) (2) (12) P Mobile homes and manufactured homes P P P P P P P Mobile home parks (13) (13) (13) (13) (13) (13) P P P P P P P P P P P P P P P P P P P P P P Group homes class I (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) C C C C C C C C C C C C C C C Group homes class (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) II-A C C C C C C C C C C C C C C C Group homes class (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) II-B C C C C C C C C C C C C C C C Group homes class (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) (32) II-C C C C C C C C C C Group homes class (23) (23) (23) (23) (23) (23) (23) (23) (23) III (32) (32) (32) (32) (32) (32) (32) (32) (32) C C Secure community (23) (23) 23, transition facilities (24) (24) 24 Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* P P P P P P P P P P P P P Communal (33) (33) (33) (33) (33) (33) (33) (33) (33) (33) (33) (33) (33) residences P P P P P P P P P P P P P Rebuild/accessory (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) uses for existing dwellings C C C C C C C C P P P P P P P P P P P P (29) (29) (29) (29) (29) (29) (29) (29) (29) (29) (29) (2) (4) (7) (7) (12) Transitional housing C C C 5 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!21 6/b (5) (30) (30) A A A A A A A A A A Short-term rentals (34) (34) (34) (34) (34) (34) (34) (34) (34) (34) A A A Farm worker (17) (9) (17) accommodations A A A A A A A A A A A A A A A A A A A A A A A A A Accessory uses and (8) (8) (8) (8) (8) (18) (18) (18) (18) (18) (18) structures (18) (18) (18) (18) (18) customarily appurtenant to a permitted use A A A A A A A A A A A A A Accessory dwelling (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) units and guest (10) (10) (10) (10) (10) (10) (10) (10) (10) (10) (10) (10) (10) cottages A A A A A A A A A A A A Accessory living (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) quarters P Live-work units (28) A A A A A A A A A A A A A A A A A A A A A A A A A A Home occupations (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) A Service buildings A A A A A A A A A A A A A Storage of (16) (16) (16) (16) (16) (16) (16) (16) (16) (16) (16) (16) recreational vehicles C C C C C C C C C C C C Emergency housing (31) (31) (31) (31) (35) (35) (35) (35) (35) (35) (35) (35) facility; emergency shelter M M M M M P P P P P P P P P C P Independent senior (29) (29) (29) (2) (4) (2) M M living facilities (3) (3) M M M M M P P P P P P P P P C P Assisted living (29) (29) (29) (2) (4) (2) M M facilities (3) (3) M M M M M P P P P P P P P P C P Residential facilities (29) (29) (29) (2) (4) (2) M M with health care (3) (3) P P P P P P P P P P P P P Designated (25) (25) (25) (25) (25) (25) (25) (25) (25) (25) (25) (25) (25) manufactured home C C C Isolation and (36) (36) (36) quarantine facilities Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* 6 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!22 6/b SECTION 4. Amendment KCC 15.04.030. Section 15.04.030 of the land use development conditions hereby amended as follows: Section 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, are only permissible in a mixed-use overlay and must be included within a mixed-use development. 3. Assisted living facilities, residential facilities with health care, and independent senior living facilities, when not combined with commercial or office uses, require a minor conditional use permit and are subject to the following conditions: a. Must be located within one-half mile of publicly accessible amenities in at least three of the following categories, as determined by the economic and community development director. The distance shall be measured as the shortest straight-line distance from the property line of the Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* proposed facility to the property line of the entities listed below: i. s most recently adopted park and open space plan, or owned or maintained by any agency of the state, or any political subdivision thereof; 7 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!23 6/b ii. Preschool, elementary, or secondary school (public or private); iii. Indoor recreational center (community center, senior center, physical recreation facility, bingo or casino hall); iv. Church, religious institution, or other place of worship; v. Cultural arts center (theater, concert hall, 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 (reasonably useful or germane) to the residents of the proposed facility, as determined by the cit community development director. b. Alternatively, if the facility provides amenities in one or more of the categories listed in subsection (3)(a) of this section 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 half-mile proximity is required may be reduced, at the discretion of the Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* 4. Multifamily residential uses, or other residential facilities where allowed, when established in buildings with commercial or office uses, and prohibited on the ground floor. 8 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!24 6/b 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. 11. Customary incidental home occupations subject to the provisions of KCC 15.08.040. Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* 12. \[Reserved\] Multifamily buildings and transitional housing are only allowed on parcels where hotels or motels exist as of August 17, 2021, and are subject to a maximum dwelling unit density that is equal to the number of hotel rooms. (For transitional housing, density shall be calculated based 9 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!25 6/b on beds rather than dwelling units.) Replacement and remodel of existing hotels and motels are both allowed, and new or reconstructed development is not limited to the same footprint or height as existing buildings. Multifamily buildings and transitional housing are governed by the density limit described herein as well as the development standards in the zoning district. 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. Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* 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. 10 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!26 6/b 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. 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 Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* 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, 11 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!27 6/b immediately across the street or parking lot from, or within the line of sight of risk-potential activities or facilities in existence at the time a site is listed for consideration. Within the 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 the line of sight. During the conditional use permit process for a secure community transition facility, the 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 statewide, regional, or countywide 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; Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* 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; 12 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!28 6/b c. The designated manufactured home shall comply with all city design standards applicable to all other single-family homes; 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: Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* a. The unit shall contain a cooking space and sanitary facility in conformance with applicable building standards; 13 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!29 6/b 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; 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. \[Reserved\]; h. Construct all nonresidential space, to the maximum allowed, to commercial building standards; and i. Provide an internal connection between the residential and Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* nonresidential space within each unit. 29. Subject to the maximum permitted density of the zoning district. For assisted living facilities, residential facilities with health care, and independent senior living facilities, each residential care unit is considered 14 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!2: 6/b one dwelling unit for purposes of density calculations. For transitional housing, one bed is considered one dwelling unit for the purposes of density calculations. 30. Conditional use when the number of residents exceeds 20 at any one time or more than four resident staff. 31. Emergency housing and emergency shelter facilities are allowed in the MR-D, MR-G, MR-M, and MR-H zoning districts, in conjunction with an approved conditional use permit that satisfies the below conditions, and must satisfy the requirements of RCW 35A.21.360(10) prior to opening. a. General conditions. Emergency housing and emergency shelter facilities are subject to the following general conditions: i. The emergency housing or shelter facility must be located on the same lot as an actively operating church or similar religious institution. ii. At the time of application for the conditional use permit, there shall be no other approved emergency housing or shelter facility located within 1,000 feet of the proposed emergency housing or shelter facility site. For the purposes of this subsection, distance shall be measured in a straight line between the closest property line of the existing facility and the closest property line of the proposed facility. For purposes of this section, Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* if the city receives applications for proposed facilities that are within 1,000 feet of each other, the first complete application received by the city shall be given priority. 15 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!31 6/b iii. An emergency housing facility and an emergency shelter facility may not be permitted on the same lot simultaneously. iv. Emergency housing and shelter facilities shall be permitted to operate for a maximum of 90 consecutive days, and there shall be a minimum period of 90 consecutive days between operational periods during which the emergency housing or shelter facility does not operate. The 90-day period of nonoperation shall apply to the operation of an emergency housing facility followed by an emergency shelter facility and vice versa. v. The building footprint of the emergency housing or shelter facility cannot exceed the building footprint of the church or similar religious institution that exists on the same lot. vi. The church or similar religious institution on the same lot as the emergency housing or shelter facility shall be primarily responsible for the operation and maintenance of the facility itself, as well as the conduct of the residents of the facility on and in the immediate vicinity of the lot, to the maximum extent permitted by law, regardless of whether the organization contracts with a third party for the provision of any services related to the facility itself or its residents. vii. The emergency housing or shelter facility shall comply with the setbacks and landscaping requirements for churches, as identified in KCC 15.08.020(A). Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* viii. The possession or use of illegal drugs at an emergency housing or shelter facility or the property occupied by the facility is prohibited. 16 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!32 6/b ix. Emergency housing or shelter facilities shall be responsible for the safety of residents of the facility, and shall establish a plan to remove individuals who present a threat to other residents or the property of other residents. x. In the event of a public health emergency, the city may require an emergency response plan that is in substantial compliance with relevant guidance and requirements issued by Public Health Seattle and King County in response to the public health emergency. xi. Emergency housing and shelter facilities must comply with all applicable fire and building codes set forth in Chapters 13.01 and 14.01 KCC. xii. The church or religious institution must provide the city written documentation of the following: (a) A description of the proposed staffing and operational characteristics, including confirmation of sanitation and basic safety measures required for emergency shelters. (b) A description of the proposed population to be served and code of conduct to be observed including conflict resolution steps. Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* (c) Criteria for rejection or removal of an individual seeking access to the facility. (d) A plan for managing the exterior appearance of the proposed site including trash/litter. 17 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!33 6/b (e) A phone number, email, and point of contact at the site of the facility for the community to report concerns. (f) A plan for addressing reported concerns and documenting resolution, and making this information publicly available. (g) A proposed site plan showing compliance with all requirements set forth in this subsection (31) and applicable fire and building codes set forth in Chapters 13.01 and 14.01 KCC. xiii. Emergency housing and shelter facilities must have two naloxone (Narcan) kits onsite, and staff must be trained in how to administer the naloxone (Narcan). xiv. The possession of any of the weapons described in RCW 9.41.280(1) at an emergency housing or shelter facility or the property occupied by the facility is prohibited. b. Emergency housing facilities Additional conditions. Emergency housing facilities must operate pursuant to an agreement with the city, approved by the director of economic and community development, and are subject to the following additional conditions: i. The emergency housing facility must be located within a Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* permanent, enclosed building. ii. The emergency housing facility must be located on a lot that is a minimum of one acre in size. 18 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!34 6/b c. Emergency shelter facilities Additional conditions. Emergency shelter facilities must be located within a temporary structure as described below, and are subject to the following additional conditions: i. Emergency shelter facilities are limited to a maximum sleeping occupancy of 35 people. The design of the temporary structure shall include an occupant load factor of a minimum of 50 square feet per occupant and a three-foot aisle around the entire inside perimeter of the tent. ii. The emergency shelter facility must be located on a lot that is a minimum of two acres in size. iii. Emergency shelter facilities must be within a single, large temporary enclosure, such as a tensile membrane structure, or within multiple identical temporary enclosures, such as matching vinyl canvas tents, that are a minimum of 400 square feet in size. If the floor of a temporary enclosure does not provide insulation from the ground, camping cots or other off-ground sleeping structures must be provided. The use of small, individual tents or makeshift structures including, without limitation, those created with tarps or plastic is prohibited. iv. Gasoline-powered generators are prohibited. v. Smoking or open flames inside the temporary structure are prohibited, and the use of portable heaters within personal tents is Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* prohibited. All heating equipment shall be in accordance with the adopted fire code. vi. Emergency shelter facilities shall provide sanitation and basic safety measures including the following: 19 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!35 6/b (a) One portable or permanent toilet per 20 persons at a minimum, with a handwashing station at each toilet. (b) Rodent-proof litter receptacles and food storage containers. (c) Two large first-aid kits that include emergency eye wash bottles. (d) Secured area for dry supplies storage (blankets, clothing, food, first-aid). (e) Covered kitchen area at least 20 feet from any sleeping areas, with handwashing and dishwashing stations stocked with soap. (f) Cleaning supplies including work gloves, disposable gloves, trash grabber-tool, disinfectant, hand sanitizer, masks, buckets, paper towels, etc. (g) Feminine hygiene products. (h) Three- to four-foot wide aisle between sleeping structures so as to be ADA compliant and accessible by emergency services Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* personnel. 32. The following restrictions apply to all group homes: 20 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!36 6/b a. A group home is considered a single-family residential use and shall not be combined with another residential use on the same parcel including, but not limited to, a communal residence or short-term rental; b. A city of Kent business license is required in accordance with Chapter 5.01 KCC; c. The applicant is responsible for obtaining any relevant required state licenses and providing an up-to-date copy of any relevant up-to-date state license, or proof one is not required by the state, to the city of Kent prior to approval of a city business license; d. Family members of the provider may live in the group home, but such members are limited only to a spouse and children of the provider or spouse, and are subject to the background check requirements of WAC 388-73-10166 and 388-76-10161; and e. An accessory dwelling unit is permitted only if used as part of the operation of a group home and may not be leased or sub-leased to a separate family. f. Group homes functioning as permanent supportive housing are subject to a spacing requirement as follows: At the time of application for business license, there shall be no other approved group home functioning as permanent supportive housing located within 1,000 feet of the proposed Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* group home functioning as supportive housing. There shall also be no public schools within 1,000 feet of the proposed group home functioning as supportive housing. For the purposes of this subsection, distance shall be measured in a straight line between the closest property line of the existing facility and the closest property line of the proposed facility. For purposes of 21 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!37 6/b this section, if the city receives applications for proposed facilities that are within 1,000 feet of each other, the first complete application received by the city shall be given priority. 33. The following restrictions apply to all communal residences: a. A city of Kent business license is required in accordance with Chapter 5.01 KCC; b. No more than three rooms within the home or accessory structure may be separately leased or sub-leased; and c. Each room being leased or sub-leased shall have adequate space, light, electricity, heating, emergency egress, a smoke detector, and access to adequate sanitation and eating facilities pursuant to the International Residential Code and International Property Maintenance Code as adopted in Chapter 14.01 KCC. Adequate space means floor area of no less than 70 square feet in size, no less than seven feet of ceiling height and shall not have any horizontal dimension less than seven feet. Egress means one emergency escape rescue opening at least 5.7 square feet, 24 inches high and 20 inches wide. 34. The following restrictions apply to short-term rentals: a. A city of Kent business license is required in accordance with Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* Chapter 5.01 KCC; b. The home shall be occupied by the owner or a nontransient tenant for at least six months of each year; 22 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!38 6/b c. No more than three rooms within the home or accessory structure may be offered as short-term rentals; and d. The applicant is responsible for complying with the short-term rental requirements of Chapter 64.37 RCW. 35. Subject to an approved conditional use permit meeting the conditions set forth below, emergency housing facilities are allowed in the DC, DCE, MTC-1, MTC-2, and MCR, CM, GC and I1 zoning districts, and emergency shelters are not allowed in these same districts. Prior to opening, the requirements of RCW 35A.21.360(10) must be satisfied, whether or not the owner or operator is a religious organization. a. General conditions. Emergency housing facilities are subject to the following additional conditions: i. The emergency housing facility must be located within a permanent, enclosed building. ii. The emergency housing facility must be located on a lot that is a minimum of one acre in size. iii. Emergency housing facilities must operate pursuant to an agreement with the city, approved by the director of economic and community development. Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* iv. At the time of application for the conditional use permit, there shall be no other approved emergency housing or shelter facility located within 1,000 feet of the proposed emergency housing facility site. For the purposes of this subsection, distance shall be measured in a straight 23 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!39 6/b line between the closest property line of the existing facility and the closest property line of the proposed facility. For purposes of this section, if the city receives applications for proposed facilities that are within 1,000 feet of each other, the first complete application received by the city shall be given priority. v. Emergency housing facilities shall be permitted to operate for a maximum of 90 consecutive days, and there shall be a minimum period of 90 consecutive days between operational periods during which the emergency housing facility does not operate. The 90-day period of nonoperation shall apply to the operation of any emergency housing facility followed by an emergency shelter facility and vice versa. vi. The person or organization that owns or operates the facility shall be primarily responsible for the operation and maintenance of the facility itself, as well as the conduct of the residents of the facility on and in the immediate vicinity of the lot, to the maximum extent permitted by law, regardless of whether the person or organization contracts with a third party for the provision of any services related to the facility itself or its residents. vii. The possession or use of illegal drugs at an emergency housing facility or the property occupied by the facility is prohibited. viii. Emergency housing facilities shall be responsible for the Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* safety of residents of the facility, and shall establish a plan to remove individuals who present a threat to other residents or the property of other residents. 24 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!3: 6/b ix. In the event of a public health emergency, the city may require an emergency response plan that is in substantial compliance with relevant guidance and requirements issued by Public Health Seattle and King County in response to the public health emergency. x. Emergency housing facilities must comply with all applicable fire and building codes set forth in Chapters 13.01 and 14.01 KCC. xi. The owner or operator of the emergency housing facility must provide the city written documentation of the following: (a) A description of the proposed staffing and operational characteristics. (b) A description of the proposed population to be served and code of conduct to be observed including conflict resolution steps. (c) Criteria for rejection or removal of an individual seeking access to the facility. (d) A plan for managing the exterior appearance of the proposed site including trash/litter. (e) A phone number, email, and point of contact at Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* the site of the facility for the community to report concerns. (f) A plan for addressing reported concerns and documenting resolution, and making this information publicly available. 25 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!41 6/b (g) A proposed site plan showing compliance with all requirements set forth in subsection (35) of this section and applicable fire and building codes set forth in Chapters 13.01 and 14.01 KCC. xii. Emergency housing facilities must have two naloxone (Narcan) kits on site, and staff must be trained in how to administer the naloxone (Narcan). xiii. The possession of any of the weapons described in RCW 9.41.280(1) at an emergency housing or shelter facility or the property occupied by the facility is prohibited. 36. Isolation and quarantine facilities are subject to the following general conditions: a. An isolation and quarantine facility may operate under a temporary use permit for 180 days as authorized by KCC 15.08.205. Any use beyond 180 days requires a conditional use permit in accordance with KCC. b. A minimum six-foot-tall perimeter fence with controlled access shall be installed prior to operation of the facility. c. On-site security personnel shall be present 24 hours a day, seven days a week to discourage quarantined or isolated individuals from Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* leaving the facility and to control access. d. The operator shall provide meals, medical services, supplies, counseling, and other services as needed to individuals housed at the facility. 26 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!42 6/b e. The operator shall provide any necessary medical transportation service. f. The operator shall provide transportation for residents to and from the facility to ensure they are not reliant on public transportation. g. The possession or use of illegal drugs at an isolation and quarantine facility or the property occupied by the facility is prohibited. h. The facility will comply with applicable state and local building, plumbing, electrical, mechanical, utilities, and fire code requirements during operation of the temporary quarantine and isolation facility. i. Prior to the issuance of a temporary use permit or a conditional use permit, the operator of the isolation and quarantine facility shall provide the city a written operational plan that includes: i. A plan for meeting the general conditions listed in subsection (36) of this section. ii. A description of the proposed staffing and operational characteristics. iii. A description of the proposed population to be served. Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* iv. A phone number, email, and point of contact at the site of the facility for the community to report concerns. 27 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!43 6/b v. A plan for addressing reported concerns and documenting resolution, and making this information publicly available. vi. A plan for transporting individuals back to their location of residence following the completion of the isolation or quarantine period. SECTION 5. 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 6. 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 7. 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: Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published 28 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!44 6/b APPROVED AS TO FORM: , CITY ATTORNEY Buubdinfou;!Esbgu!Psejobodf!2331!LDD!26`bee!tdippm!!)3888!;!IC!2331* 29 Amend Chapter 15 KCC - Re: Emergency Shelters and Housing Qbdlfu!Qh/!45