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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 02/13/2023 (2)40!! Land Use and Planning Board Monday, February 13, 2023 KENT 6:00 PM W A 5 H I N G T O H Chambers Join Zoom Meeting https://cityofkent.zoom.us/j/86741957304 Meeting ID: 867 4195 7304 One tap mobile +12532158782„86741957304# US (Tacoma) +13462487799„86741957304# US (Houston) Chair Dione Dittmar Co -Chair Sandra Pereira Shane Amodei Chris McClain Sally McDonough Justus Phelps Benjamin Reid ************************************************************** Item Description Action Speaker Time 1. Call to Order Chair 2. Roll Call Chair 01 MIN. 3. Changes to the Agenda Chair 4. Welcome New Members 5. Approval of November 28, 2022 YES Chair 01 MIN. Minutes 6. Training for Board Members NO Adam Long, Assistant 30 MIN. City Attorney, Kaelene Nobis, AICP, Senior Long Range Planner and Kristen Holdsworth, AICP, Long Range Planning Unless other noted, the Land Use and Planning Board meets at 6 p.m. on the second and fourth Monday of each month in Kent City Hall, Council Chambers, 220 Fourth Avenue South, Kent, WA 98032. For additional information please contact City of Kent at or via email at Cityclerk@KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856-5725 in advance. For TDD relay service all Washington Telecommunications Relay Service at 7-1-1. Land Use and Planning Board Land Use Regular Meetina 7. Update on Accessory Dwelling Unit Ordinance 8. Adjournment February 13, 2023 Manager NO Kaelene Nobis, AICP, Long Range Senior Planner Chair 30 MIN. The public may submit written public comments that relate to a committee agenda item by emailing: cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. After 3:30 p.m., written public comments may only be submitted in person by presenting them to the committee secretary at the public meeting. Written public comments that do not relate to a committee agenda item are not permitted. Written public comments are not read into the record. Unless otherwise noted, the Land Use and Planning Board meets on the second and fourth Mondays of each month in Kent City Hall, Council Chambers, 220 Fourth Avenue South, Kent, WA. 98032. For additional information please contact Tanya Kosen at 253-856-5461, or email Tkosen(akentwa.gov. Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856- 5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. �'T Date: November 28, 2022 Time: 6:00 p.m. Place: Chambers Members: Dione Dittmar, Chair Shane Amodei, Michael Purewal, Sally McDonough, Chris McClain, Sandra Pereira, Co -Chair Agenda: 1. Call to Order 6:00 p.m. Pending Approval Land Use and Planning Board Land Use Regular Meeting Minutes November 28, 2022 Attendee Name Dione Dittmar Title Status Arrived Chair Present Present Shane Amodei Michael Purewal Absent Sally McDonough Chris McClain Sandra Pereira Present Present Present Co -Chair 3. Approval of Minutes dated November 14, 2022 MOTION: Move to approve the Minutes dated November 14, 2022 RESULT: APPROVED [UNANIMOUS] MOVER: Shane Amodei SECONDER: Chris McClain AYES: Dittmar, Amodei, McDonough, McClain, Pereira 4. Changes to the Agenda None 5. 2022 Housekeeping Ordinance — Zoning Code Amendments Kaelene Nobis gave a brief presentation to summarize the presentation and materials that were brought before the board in the November 14, 2022 meeting. The 2022 Housekeeping Ordinance was then brought before the LUPB Board for a vote to approve and recommend to City Council. The City of Kent considers annual housekeeping amendments to the Kent City Code to ensure that city codes are clear, accurate, and consistent. The proposed code amendments resulted from staff -identified code issues. Page I of 5 Packet Pg. 3 Land Use and Planning Board Land Use Regular November 28, 2022 Meeting Kent, Washington Minutes BACKGROUND & ANALYSIS: Below is a summary of the proposed code amendments. 1. 15.02.135: Definition- Family Needs to be updated to comply with new state law, which prohibits jurisdictions from limiting the number of persons in a household or family. 2. 15.02.260: Definition- Mixed -use Development Development standards for what percentage of development is required to be commercial are buried in this definition. The change will move the standards to the mixed -use table 15.04.200. 4. 15.02.307: Definition: Opiate substitution treatment facility The existing definition refers to state codes that are no longer active and will be revised to remove outdated references. 5. 15.04.170 and 15.04.180: Clarity Issue- Complicated formula for minimum lot size that is unintentionally more restrictive than the density calculation. Code provides conflicting and confusing development standards for multifamily residential units when applying the maximum density and minimum lot size requirements. This code unintentionally increases the cost of development and, therefore the costs of housing. The footnote references 8,500 for the first two lots and then 3,000 for each lot, limiting the number of units allowed on a site in a way that is stricter than density. It also has been interpreted to mean that a developer of townhomes would need to have two lots significantly larger than the others. The code already identifies an appropriate minimum lot size in each zone. The complicated formula will be removed and instead use the already designated maximum density and remaining development standards (such as lot width, lot coverage, setbacks, etc.). 6. 15.04.050 Footnotes (12, 14, 15, 21): Code error- Footnotes are not referenced in the table. The footnotes are not associated with anything in the use table (15.04.040) and should have been removed during Rally the Valley but were missed. These footnotes will be removed as part of this code audit. 7. 15.04.200 Table: Adding the portion removed from the mixed -use definition into this table. • See #2, above. 8. 15.05.040: Clarity Issue- Footnotes 3 and 4 for multifamily parking in MTC-1, MTC-2 and MCR. These footnotes are nearly identical except for the amount of parking required and do not identify which footnote, 3 or 4, should be applied. Footnote 4 was intended for Senior facilities and was accidentally lost during the collapse of the code section in 2012 (Ord 4043). In 2011, footnote 4 was added for senior buildings in MTC-1, MTC-2, and MCR z 0 w U) z w a 0 Page 2 of 5 Packet Pg. 4 Land Use and Planning Board Land Use Regular November 28, 2022 Meeting Kent, Washington Minutes (Ord 4011). When the code section was combined in 2012, this nuance was lost. To clarify, "for senior buildings" will be added. No public comments were received. MOTION: I move that the Land Use and Planning board recommend City Council approve the 2022 Housekeeping Ordinance as proposed, subject to non -substantive revisions by the City Attorney during the final ordinance review. RESULT: APPROVED [UNANIMOUS] MOVER: Chris McClain SECONDER: Sandra Pereira, Co -Chair AYES: Dittmar, Amodei, McDonough, McClain, Pereira 6. Accessory Dwelling Unit Ordinance Kaelene Nobis gave an information -only presentation on the efforts to revise the Accessory Dwelling Unit (ADU) code. In the summer of 2019, the Washington State Legislature passed House Bill 1923 (HB 1923). This bill authorized funding to Washington State jurisdictions to complete a Housing Action Plan, with the intent of increasing housing availability. On June 1, 2021, City Council adopted the Kent Housing Options Plan (KHOP), which included data, policy, engagement, strategies, and policies related to the comprehensive housing needs in Kent. KHOP takes a unique approach to not just build more housing, but to diversify the available housing options. This focus reflects Kent's need for more variety of housing types while increasing overall affordability and reducing displacement. An accessory dwelling unit (ADU) is one housing option to help meet the needs of current and future residents. An ADU is a second (accessory) dwelling unit on the same lot as a detached single-family residence that provides basic requirements for living, sleeping, eating, cooking, and sanitation. It can be attached or detached from the primary residence. ADUs are sometimes referred to as "in-law" units or backyard cottages. Kent currently allows attached and detached accessory dwelling units. However, since they were authorized in 1995, few have been permitted, with less than 30 since 2010. KHOP identified ADU development standards as an area for further study. During the outreach for KHOP, staff heard from 44% of respondents that ADUs were a preferred way to help integrate more units into single-family neighborhoods, in addition to cottage clusters and townhomes. z O w U) z w a- O Page 3 of 5 Packet Pg. 5 Land Use and Planning Board Land Use Regular Meeting Minutes November 28, 2022 Kent, Washington In March 2022, the City was awarded a $100,000 Housing Action Plan Implementation Grant to implement strategies identified in KHOP. $80,000 of the grant was awarded for updating the ADU ordinance. The purpose of this presentation was to provide LUPB with background information regarding the grant, consultant selection, outreach, work to date, and a roadmap for the next steps through adoption. LUPB members asked staff if they would address the following topics in the ADU ordinance: impact fees, parking concerns, how to prevent overcrowding/protect safety, and whether unpermitted units can be grandfathered in/brought into compliance. Staff responded to all of these topics, and more will be researched. LUPB members also asked about RVs being lived in or parked on lawns. Staff clarified RVs are not ADUs and this is a code enforcement issue. Staff also explained the difference between tiny homes and RVs. 7. Vote to fill LUPB Chair and Co -Chair for 2023 The LUPB elections for Chair and Co -Chair occur annually in November. The 2023 officer terms will run from January 1, 2023, through December 31, 2023. According to LUPB bylaws, no member shall serve more than two full consecutive terms as Chair; and no member shall serve more than two full consecutive terms as Co -Chair. LUPB members may nominate themselves or another member for any position. MOTION: I nominate Dione Ditmar to be Chair and Sandra Pereira to be Co - Chair for the Land Use and Planning Board for 2023. RESULT: APPROVED [UNANIMOUS] MOVER: Chris McClain SECONDER: Sally McDonough AYES: Dittmar, Amodei, McDonough, McClain, Pereira 8. Planning Manager Updates Kristen Holdsworth provided an update on LUPB accomplishments in 2022, 2 LUPB vacancies and recruitment efforts, and the 2023 LUPB work plan. Staff also shared that there were no docket requests from the public for the upcoming year. Next year's LUPB work will focus on ADU code updates, an overview of transportation planning and investments, and the Comprehensive Plan update. The Comprehensive Plan update will include a lot of conversations regarding land use and housing as well as updates to the Downtown Subarea Plan and Critical Areas Program. Staff asked LUPB members for the following input: 1) What trainings would be helpful? 2) What do you want to learn more about? and, 3) How can we help you succeed? LUPB members indicated they are interested in walking z O w z w a O Page 4 of 5 Packet Pg. 6 Land Use and Planning Board Land Use Regular Meeting Minutes November 28, 2022 Kent, Washington tours, and discussing permanent supportive housing, better ways to reach the community, and different types of commercial and mixed -use development. There were also recommendations for additional training and review of procedures and processes. 9. Adjournment 7:30 p.m. Ta.wyCU Kole4111 Committee Secretary z O w z w a O Page 5 of 5 Packet Pg. 7 • 4^4� KENT WASH NGTON LAND USE AND PLANNING BOARD 220 Fourth Avenue South DATE: February 13, 2023 TO: Land Use and Planning Board FROM: Law and Economic & Community Development SUBJECT: Training for Board Members Kent, WA 98032 SUMMARY: Staff will do a short supplemental training session on the Open Public Meetings Act, Public Records Act, Roberts Rules, LUPB members' roles in the planning process, and planning in Kent. Before the meeting, board members will be provided links (below) to two training videos created by the State Attorney General's Office that provide sufficient material to complete legally required board training. Staff will provide certificates of completion for all board members who attend this training. Members who cannot participate in this training can watch the materials and complete the certificate at home. https://www.atg.wa.gov/lesson-2-open-public-records-act-basics-rcw-4256 https://www.atg.wa.gov/lesson-3-open-public-meetings-act-rcw-4230 SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. ATTACHMENTS: 1. roberts_rules_simplified (PDF) 2. OPMA-Agency-Obligations-Practice-Tips (PDF) 3. OPMA-Electronic-Communications-Practice-Tips (PDF) 4. PRA- Electronic- Records- Dos- Donts (PDF) Packet Pg. 8 6.a Roberts Rules of Order -Simplified Guiding Principles: • Everyone has the right to participate in discussion if they wish, before anyone may speak a second time. • Everyone has the right to know what is going on at all times. Only urgent matters may interrupt a speaker. • Only one thing (motion) can be discussed at a time. A motion is the topic under discussion (e.g., "I move that we add a coffee break to this meeting"). After being recognized by the president of the board, any member can introduce a motion when no other motion is on the table. A motion requires a second to be considered. If there is no second, the matter is not considered. Each motion must be disposed of (passed, defeated, tabled, referred to committee, or postponed indefinitely). How to do things: You want to bring up a new idea before the group. c After recognition by the president of the board, present your motion. A second is required for the motion to go to the floor for discussion, or consideration. t= r You want to change some of the wording in a motion under discussion. M After recognition by the president of the board, move to amend by -- • adding words, as • striking words or a • striking and inserting words. E You like the idea of a motion being discussed, but you need to reword it beyond simple word changes. Move to substitute your motion for the original motion. If it is seconded, discussion will continue on both motions and eventually the body will vote on which motion they prefer. You want more study and/or investigation given to the idea being discussed. Move to refer to a committee. Try to be specific as to the charge to the committee. You want more time personally to study the proposal being discussed. Move to postpone to a definite time or date. You are tired of the current discussion. Move to limit debate to a set period of time or to a set number of speakers. Requires a 2/3ras vote. You have heard enough discussion. Move to close the debate. Also referred to as calling the question. This cuts off discussion and brings the assembly to a vote on the pending question only. Requires a 2/3ras vote. You want to postpone a motion until some later time. Move to table the motion. The motion may be taken from the table after 1 item of business has been conducted. If the motion is not taken from the table by the end of the next meetina. it is dead. To kill a motion at the time it is tabled requires a 2/3ras vote. A majority is required to table a motion without killing it. Packet Pg. 9 6.a You believe the discussion has drifted away from the agenda and want to bring it back. "Call for orders of the day." You want to take a short break. Move to recess for a set period of time. You want to end the meeting. Move to adjourn. You are unsure the president of the board announced the results of a vote correctly. Without being recognized, call for a "division of the house." A roll call vote will then be taken. You are confused about a procedure being used and want clarification. Without recognition, call for "Point of Information" or "Point of Parliamentary Inquiry." The president of the board will ask you to state your question and will attempt to clarify the situation. You have changed your mind about something that was voted on earlier in the meeting for which you were on the winning side. r Move to reconsider. If the majority agrees, the motion comes back on the floor as though the c vote had not occurred. r You want to change an action voted on at an earlier meeting. LO Move to rescind. If previous written notice is given, a simple majority is required. If no notice is ri given, a 2/3rds vote is required. CD Unanimous Consent: If a matter is considered relatively minor or opposition is not expected, a call for unanimous consent may be requested. If the request is made by others, the president of the board will repeat the request and then pause for objections. If none are heard, the motion passes. • You may INTERRUPT a speaker for these reasons only: o to get information about business —point of information to get information about rules— parliamentary inquiry o if you can't hear, safety reasons, comfort, etc. —question of privilege o if you see a breach of the rules —point of order o if you disagree with the president of the board's ruling —appeal o if you disagree with a call for Unanimous Consent —object Must Be Seconded Quick Reference Open for Can be Discussion Amended Vote Count Required to Pass May Be Reconsidered or Rescinded Main Motion Majority Amend Motion Majority Kill a Motion Majority Limit Debate 2/3rds Close Discussion 2/3rds Recess Majority Adjourn End meeting) Majority Refer to Committee Majority Postpone to a later time Majority Table Majority Postpone Indefinitely Majority Packet Pg. 10 OPMA - AGENCY OBLIGATIONS: A STARTING POINT Practice TiPS FOR LOCAL GOVERNMENTS The basic requirement of the Open Public Meetings Act (OPMA) is that meetings of governing bodies be open and public. Use these practice tips to guide your agency's OPMA compliance. For more information and resources visit mrsc.org/opma. O �MRSC All meetings open and public. All meetings of governing bodies of public agencies must be open to the public, except for certain exceptions outlined in the OPMA (RCW 42.30.030). Quorum. Generally, a gathering of the members of a governing body is subject to the OPMA when a quorum (majority) of the governing body is in attendance with the collective intent to take action, which includes discussion or deliberation as well as 'c voting (RCW 42.30.020(2) & (3)). • Attendees. All persons must be permitted to attend and attendees cannot be required to register their names or other r information as a condition of attendance. Disruptive and disorderly attendees may be removed (RCW 42.30.040 & .050). M • No secret ballots. Votes may not be taken by secret ballot (RCW 42.30.060(2)). U) a • Adoption of ordinances. Ordinances, resolutions, rules, regulations, and orders must be adopted at a public meeting or they H are invalid (RCW 42.30.060(1)). Member of a governing body* City or Town Councilmember or Mayor* Yes • County Commissioner or County Councilmember Yes • Special Purpose District Commissioner/Board Member Yes Member of a subagency created by ordinance or legislative act, e.g.: • Planning Commission Yes • Library Board Yes • Parks Board Yes Yes • Civil Service Commission Member of a committee • Committees that act on behalf of (exercise actual or de facto decision -making authority for) Yes the governing body, conduct hearings, or take testimony or public comment • Committees that are purely advisory No Agency staff No, unless agency employee is a member of a committee that is required to comply * In a city with a "strong" mayor, the mayor does not count towards a quorum and is only subject to the OPMA when presiding over a council meeting or servini on a committee that is required to comply. OPMA — AGENCY OBLIGATIONS PRACTICE TIPS FOR LOCAL GOVERNMENTS Packet Pg. 11 6.b • Actions null and void. Any action taken at a meeting which fails to comply with the provisions of the OPMA is null and void. RCW 42.30.060(1). • Personal liability. Potential personal liability of $500 for any member of a governing body who attends a meeting knowing that it violates the OPMA and $1,000 for any subsequent OPMA violation. RCW 42.30.120(1)(2). • Agency liability. Any person who prevails against an agency in any action in the courts for a violation of the OPMA will be awarded all costs, including attorney fees, incurred in connection with such legal action. RCW 42.30.120(2). Quasi-judicial proceedings. Typically, a city or county governing body is acting in a quasi-judicial capacity in certain land use actions such as site -specific rezones, conditional use applications, variances, and preliminary plat applications. Other examples include the civil service commission when it is considering an appeal of a disciplinary decision and the LEOFF 01 disability board when it is considering an application for disability benefits. However, where a public hearing is required for a quasi-judicial matter, only the deliberations by the body considering the matter can be in closed session. See RCW 42.30.140. L H • Collective bargaining sessions. Collective bargaining sessions with employee organizations are not subject to OPMA r requirements and may occur in closed session without following OPMA procedures. This exemption applies to contract LO negotiations, grievance meetings, and discussions about the interpretation or application of a labor agreement or to that v portion of a meeting when the governing body is planning or adopting its strategy during the course of any collective bargaining, professional negotiations, grievance or mediation proceedings, or reviewing the proposals made in the _Q 17 negotiations or proceedings in progress. See RCW 42.30.140. • Note: Jurisdictions may choose to conduct these proceedings in an open meeting despite the statutory exemption. r P • Every member of a governing body of a public agency must complete training requirements on the OPMA within 90 days of assuming office or taking the oath of office. RCW 42.30.205(1). • In addition, every member of a governing body must complete training at intervals of no more than four years as long as they remain in office. RCW 42.30.205(2). DISCLAIMER: These practice tips are meant to provide summary information on basic agency obligations of the OPMA; the practice tips are not intended to be regarded as specific legal advice. Consult with your agency's legal counsel for guidance on specific situations. 01.800.933.6772 OPMA — AGENCY OBLIGATIONS PRACTICE TIPS FOR LOCAL GOVERNMENTS WEB-20-0023: UPDATED MAY 2021 0 MRSC@MRSC.org ® MRSC.org Packet Pg. 12 OPMA - ELECTRONIC COMMUNICATIONS Practice TiPS FOR LOCAL GOVERNMENTS These practice tips are intended to provide practical information to local government officials and staff about electronic communications and requirements under the Open Public Meetings Act (OPMA), chapter 42.30 RCW. Electronic communications between members of an agency's governing body can implicate the OPMA, and these practice tips will help guide you in identifying and addressing key issues in this regard. For more information and resources visit mrsc.org/opma. O �MRSC c If you, as a member of the governing body e.g., city council, board of commissioners, planning commission), communicate with other members of the governing body by email or using social media, keep in mind that exchanges involving a majority 1= of members of the governing body can be considered an illegal "meeting" under the OPMA. This principle also applies to text r messaging, instant messaging, and the "chat" feature of video-conferencing software. M What types of email exchanges can constitute a meeting? Q- If a majority of the members of the governing body takes "action" on behalf of the agency through an email or other electronic exchange such as social media, that would constitute a meeting under the OPMA. "Action" under the OPMA includes mere discussion of agency business, and that any "action" may be taken only in a meeting open to the public. The participants in the email exchange don't have to be participating in that exchange at the same time, as a "serial" or "rolling" meeting happens when a majority of the body are involved in the exchange. However, the participants must collectively intend to meet to conduc agency business. Tips: As a member of the governing body, consider the following to avoid potential OPMA violations: • Passive receipt of information via email is permissible, but discussion of issues via email by the governing body can constitute a meeting. • An email message to a majority or more of your colleagues on the governing body is allowable when the message is to provide only documents or factual information, such as emailing a document to all members for their review prior to the next meeting. • If you want to provide information or documents via email to a majority of members of the governing body, especially regarding a matter that may come before the body for a vote, have the first line of the email clearly state: "For informational purposes only. Do not reply." Consider using the "BCC:" email line for all those who should not "reply all" • Unless for informational purposes only, don't send an email to all or a majority of the governing body, and don't use "reply all" when the recipients are all or a majority of the members of the governing body. • Alternatively, instead of emailing materials to your colleagues on the governing body in preparation for a meeting, have a designated staff member email the documents or provide hard copies to each member. A staff member can communicate via email with members of the governing body in preparation for a meeting, but the staff member needs to take care not to share any email replies with the other members of the governing body as part of that email exchange. OPMA — ELECTRONIC COMMUNICATIONS PRACTICE TIPS FOR LOCAL GOVERNMENTS Packet Pg. 13 6.c As with email exchanges, if a majority of the members of the governing body is taking "action" (see above) on behalf of the agency through phone calls or a voice mail exchange, that would constitute a meeting. Such a "telephone tree" occurs, for example, when members call each other to form a majority decision. As above, the calls and messages can constitute a serial c rolling meeting if the members collectively intend to meet and conduct agency business. Tip: Be on the look out for mixed media. A conversation need not be held entirely in the same format for a rolling or serial meeting to occur. For example, an in -person conversation might be continued on via email and then transition to text. KEY CONSIDERATION RELATED TO CONFERRING TO CALL A SPECIAL MEETING L Under RCW 42.30.080, a special meeting (in contrast to a regular meeting) may be called at any time by the presiding officer of the governing body or by a majority of the members of the governing body. In order to give effect to this authority granted LO under RCW 42.30.080, we believe it's permissible for a majority of the members of the governing body to confer outside of a M public meeting for the sole purpose of discussing whether to call a special meeting. This includes conferring for that purpose N via phone, email or other electronic means. Q- If members of the governing body use social media (e.g., through a Facebook page or Twitter feed) to host a discussion about issues related to the agency and the discussion includes comments from a majority of the members of the governing body, that discussion could constitute a public meeting under the OPMA. There's no authority under the OPMA regarding what woulc constitute adequate public notice — if that's even possible — for this kind of virtual meeting, so it's best to avoid this type of discussion on social media. Tip: Social media can be an effective tool to solicit comments from the public, but social media shouldn't be used by your agency's governing body to collectively formulate policy or accept public testimony. Violation of the OPMA can result in personal liability for officials who knowingly violate the OPMA and in invalidation of agency actions taken at a meeting at which an OPMA violation occurred. Attorney fees and court costs are awarded to successful OPMA plaintiffs. OPMA violations can also lead to a loss of public trust in the agency's commitment to open government. DISCLAIMER: These practice tips are meant to provide practical information to local government officials and staff about electronic records and requirements under the OPMA. The tips aren't intended to be regarded as specific legal advice. Consult with your agency's attorney for guidance on specific situations. 01.800.933.6772 OPMA — ELECTRONIC COMMUNICATIONS PRACTICE TIPS FOR LOCAL GOVERNMENTS WEB-20-0023: UPDATED MAY 2021 0 MRSC@MRSC.org ® MRSC.org Packet Pg. 14 6.d ELECTRONIC RECORDS - PRA AND RECORDS RETENTION � M RSC Do's and Don'ts,,, LOCAL GOVERNMENTS These Do's and Don'ts are intended to provide summary guidance related to use of electronic records and electronic devices in compliance with the Public Records Act (PRA) (chapter 42.56 NOV1118a9 RCW) and records retention law (chapter 40.14 RCW). For a more thorough analysis of these issues, please review our related guide: Electronic Records — PRA and Records Retention Practice Tips, which can be found along with other information at our webpage: Managing Electronic Records. Agency 40% Do use your agency computer © Don't delete records from your agency computer Computer to conduct agency business. (or any computer) unless you're certain the This allows your agency to retain records aren't public records, or the records records appropriately and locate are past their required record retention period. such records in response to a PRA (If you have any doubt about deleting records, request. check with your agency's legal counsel.) Personal Do use your personal computer Don't use your personal computer to conduct Computers to remotely access your agency's 0 agency business unless you do so by accessing file server and email server (if your your agency's server(s) remotely. If that's not agency allows for such remote possible and you use your personal computer to access). conduct agency business, make sure that you: • Retain all public records with retention value; and • Provide those records to your agency so the agency can retain the records appropriately and make them available if a PRA request is made for such records. Agency Email Do use your agency email account Don't delete emails sent or received from your Account to conduct agency business. This 0 agency email account unless you're certain allows your agency to retain its the emails aren't public records, or the emails records appropriately and to locate are past their required record retention period. such records in response to a PRA (If you have any doubt about deleting emails, request. check with your agency's legal counsel.) Personal Email Do forward any agency -related Don't use your personal email account for Account emails received on your personal © agency business, unless your agency doesn't email account to your agency email provide agency email accounts. If you must use account. Do instruct the sender that a personal email account for agency business, you don't conduct agency business set-up a unique email account solely for agency via your personal email account(s), business, clearly segregate agency -related and to send all emails related to emails from personal emails, and provide all agency business to your agency agency -related emails to your agency so those email address. records can be retained appropriately and made available if a PRA request is made for such records. ELECTRONIC RECORDS - PRA AND RECORDS RETENTION DO'S AND DON'TS FOR LOCAL GOVERNMENTS Packet Pg. 15 6.d Texting or Do follow your agency policy Don't text or chat in violation of your agency's Chatting related to texting and chatting. policy. Don't use texting or chatting for agency - on Agency If your agency doesn't have a related business without a clear understanding Devices and policy, make sure you're retaining of how those messages are being retained by Personal all agency -related text messages the provider (e.g., phone company, software Devices and for their full retention period. platform) and by your agency. Text and chat Accounts Remember that retention is based messages, like emails, can be public records on content of the records, not its that must be retained by your agency. Such form. If you send or receive agency- records need to be provided if responsive to a related text or chat messages via a PRA request; this is true even for text or chat non -agency device, provide those messages on your personal phone or accounts. messages to your agency so they can be retained appropriately and made available if a PRA request is made for such records. 0 Voice Mail — Do, if possible, capture all agency- © Don't delete all agency -related voice mails once Messages on related voice mail messages through you have listened to them. Like email and text Agency Phones an integrated voice mail and email messages, voice mails can be public records Ul) and Personal system. If that's not possible, save that must be retained by your agency, and such Phones voice mails with retention value records may need to be provided in response through other means. to a PRA request. o Agency Social O Do try to post only secondary copies © Don't set up and use an agency social rn Media of content on agency social media media site, or edit and delete content on sites. That way, the agency won't have your agency's social media site(s), without o to separately retain all of the content first considering and complying with records of the social media sites. If that's not retention and PRA requirements. possible, your agency should consider o purchasing software that captures and archives social media sites. For guidance on selecting records w Q management software, see MRSC's a PRA and Records Management Technology Guide. E Personal Social O Do follow your agency's policy © Don't conduct agency business via your t Media related to use of personal social personal social media site. Agency -related Q media. Do abstain from discussing records can be public records, subject to agency business via your personal retention requirements and the PRA, even if social media accounts. If you the records are located on your personal social post or exchange agency -related media site. If you're an incumbent elected communications via your personal official who is a candidate, don't mix your site, make sure you comply election activities with agency business via use with records retention and PRA of social media. requirements. DISCLAIMER: These Do's and Don'ts are meant to provide summary tips related to use of electronic records and electronic devices in compliance with the PRP and the records retention law. The tips aren't intended to be regarded as specific legal advice. Consult with your agency's attorney guidance on specific situation! 1&1.800.933.6772 0 MRSC@MRSC.org ELECTRONIC RECORDS — PRA AND RECORDS RETENTION DO'S AND DON'TS FOR LOCAL GOVERNMENTS WEB-20-0023: UPDATED MARCH 2O21 ®MRSC.org Packet Pg. 16 • 4^4� KENT WASH NGTON LAND USE AND PLANNING BOARD 220 Fourth Avenue South Kent, WA 98032 DATE: February 13, 2023 TO: Land Use and Planning Board FROM: Economic & Community Development SUBJECT: Update on Accessory Dwelling Unit Ordinance SUMMARY: Long Range Planning staff will provide an update on our work to reduce barriers to constructing accessory dwelling units (ADUs). The purpose of this presentation is for City staff to update the LUPB on actions taken to date and policy direction received from the council. Staff will also solicit additional feedback from the LUPB. Background: On June 1, 2021, City Council adopted the Kent Housing Options Plan (KHOP), which included data, engagement, strategies, and policies to address housing needs in Kent. Accessory Dwelling Units (ADUs) were included in KHOP as one housing option to help meet the needs of current and future residents. An ADU is a second (accessory) dwelling unit on the same lot as a detached single- family residence that provides basic living, sleeping, eating, cooking, and sanitation requirements. It can be attached or detached from the primary residence. ADUs are sometimes referred to as "in-law" units or backyard cottages. Kent has allowed attached and detached accessory dwelling units since 1995. However, less than 30 ADUs have been permitted since 2010. During outreach for KHOP, staff heard from the community that ADUs are one of the preferred options to help integrate housing units into single-family neighborhoods. Staff and consultants facilitated an internal ADU workshop with all departments that review ADUs to ensure consistency amongst staff regarding the goals of the ordinance. The consultants have conducted interviews with previous applicants who have successfully or unsuccessfully attempted to build an ADU in Kent to identify barriers in current code and opportunities for improvement. We also conducted an analysis of peer cities and best practices to identify additional opportunities to remove barriers. SUPPORTS STRATEGIC PLAN GOAL: Packet Pg. 17 O 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. Peer Community Matrix Complete (PDF) Packet Pg. 18 7.a City of Kent Current Code Municipality Last Max ADUs Maximum Size Parking Required for ADU Owner Occupancy Height Limitations Impact Fees Discretionary Design Extra Utility Condo Possible Substantial per Lot Restrictions Guidelines Connections Update Kent 2015 1 DADU 33% or 800 1 stall. Note: Garage does yes DADU- No taller School, Fire, Matching Separate yes SF whichever is not count. Kent is the only than main Transportation Provision. Water less. AADU 40% City where the garage does house or 23'. required not count on the matrix. Jurisdictions with ADU Code Updates since 2018 Burien 2022 2 1,000 SF ADU/800 1 stall, unless w/in 1/4 mile of No Maximum height Transportation are Matching Provision. Separate Unspecified SF DADU mass transit (State law) allowed by the waived sewer zone required Snohomish 2022 2 1,200 sf; exclusive of garages, porches, Dependent on zone, exempt in most SF zones but not in No Maximun height allowed by the No impact fees for ADUs Matching Provision. Unspecified Unspecified County and unfinished rural areas zone basements; Bellevue 2021 1 800 sf Not to 1 stall Yes Not applicable waived; ADU entrances not Unspecified Prohibited exceed 40% of the because county sewer capacity allowed on front main house detached charge does facade (ADU counts ADUs are apply, at against size Prohibited reduced rate limit on main house) Mill Creek 2021 1 >400sgft, <800sgft, 1 stall No 15' single story, Unclear which applies 1 entrance street Unspecified Unspecified <30% floor area of 25' two story side, otherwise primary side/rear. Exterior consistent with primary structure Kirkland 2020 2 DADU and AADU None for the first ADU, 1 for No N/A None Secondary entrance Unspecified No seperate 1,200 square feet of the second unless on -street sale gross floor area. For parking is available within attached ADUs, if the 600 feet of the subject accessory unit is property; or located within 1- completely located half mile of transit within existing gross floor area on a single floor, Director may allow increased size S 0 a 0 LO M CL E 0 U •L E E 0 U a w E U a Packet Pg. 19 7.a Everett* 2020 1 <15% total lot, <1000 1 stall, unless w/in 1/4 mile of Sometimes, 12 maximun height Waived Conform with Unspecified Prohibited sqft, <principal mass transit (State law) months for R-S, R- allowed by the primary structure. dwelling footprint, 1, R-2: 12 months; zone whichever is smaller Other zones -No 11 Du/Tri-plex/TH: requirement <GFA, <7.5% of lot area, <1,000 sqft, <37.5% GFA of primary. Must be >440 sqft Renton 2019 1 Varies by lot size, 1, unless w/in 1/4 mile of Yes, with afffidavit Not higher than School waived thru Yes, vertical yes, required Unspecified from 600 SF to 1000 mass transit house or 24' 2022, windows, No sliders, a seperate SF, or 75% of primary water/stormwater trim, eaves, belly water meter residence 50% discount, many bands, similar colors (seperate reviews waived, and materials, billing transportation and deemphasis of account) and park impact waived, garage entries they do allow to connect to the exising side sewer and storm Tacoma 2019 1 1,000 sf or No Yes 18 feet (20 feet Tacoma does not ADU design No special Allowed 85% of main over garage) collect impact fees must exemptions house size "complement" the main house Lake 2018 1 >/=250 sqft, <800sgft 1, driveway counts, yard No Unspecified Unclear which applies Exterior materials, Unspecified Prohibited Stevens or <50% floor area of doesn't roof form, window primary whichever is spacing, proportions less must match. 1 entrance on street face, ADU entrance on side or rear * = Jurisdiction is currentIV working on updating their code. Information shown is existing code S 0 a 0 LO CL E 0 U X •L M E E 0 U L a E U r.+ a Packet Pg. 20 7.a Jurisdictions with Older ADU Codes Municipality Last Max ADUs Maximum Size Parking Required for ADU Owner Occupancy Height Limitations Impact Fees Discretionary Design Extra Utility Condo Substantial per Lot Restrictions Guidelines Connections Possible Update Maple 2012 1 50% of principal 1 stall Yes Unspecified, 50% waived off of None Unspecified Unspecified Valley residence living area assuming zone Transportation and height Parks Impact fees Auburn* 2012 1 50% of house, 900 1 stall Yes, recorded 16' Charges would apply Yes, appear to be Unspecified Prohibited SF max, 2 BR max document as any single family SFR, limits on home exterior stairs Lynnwood* 2012 1 <800 sqft or 40% of 1 stall min, 2 for 2BR, must Yes, 12 months 35 ft height No fees collected Appearance of SF don't require Prohibited primary unit. 1 BR be paved. Must appear to be and recorded residence is max if <600sgft, 2BR one driveway servicing document maintained. Similar max if >600sgft, property; cannot count front exterior materials, covered exterior setback area (including roof pitch & elements must not be driveway) landscaping >200sgft conformity. Federal 2010 1 800 SF or 40% of 1 stall Yes, 6 month Unspecified, Are subject to school Consistent with Unspecified Unspecified Way* principal residence assuming zone impact fee per house, only one living area, no more height ordinance 96-265 entrance facing front than two bedrooms Mountlake 2008 1 >200 sqft, <800sgft, If legal on -street parking is Yes, 3 25' Unclear which applies Consistent with Unspecified Prohibited Terrace excluding garage not availabile immediately Consecutive existing roof pitch, area. Must not be abutting the site, one Months/year, no siding & windows of >40% total square additional parking space is simultaneous primary structure. footage of primary required. lease of primary & Compy with structure. secondary development structure standards for SFD including heing & setbacks. * = Jurisdiction is currently working on updating their code. Information shown is existing code S 0 a 0 LO M CL E 0 U X •L M E E 0 U a w E U a Packet Pg. 21