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HomeMy WebLinkAbout4456ORDINANCE NO. 4456 AN ORDINANCE of the City Council of the City of Kent, Washington, amending sections 15.02.135, 15.02.260, 15.02.307, 15.04.170, 15.04.180, 15.04.050, 15.04.200, and 15.05.040 of the Kent City Code to correct errors and provide clarity in the City's zoning code and development regulations. RECITALS A. The City establishes development regulations through the zoning code, Title 15 of the Kent City Code to regulate the use of land to promote the public health, safety, and general welfare. B. The City annually considers amendments to development regulations to address technical updates and corrections that do not require substantive changes to policy. C. The City has identified the need for amendments to its development regulations to provide clarity, improve implementation of established policies, and create consistency with state laws, including the following: 1 Amending Title 15 -Annual Housekeeping Amendments i. On May 13, 2021, the State Legislature adopted ESSB 5235, which limits a jurisdiction's ability to limit the number of unrelated persons that may occupy a household or dwelling unit. The zoning code contains several references to the term 'family," which is defined in KCC 15.02.135 and specifies a maximum number of unrelated individuals allowed in a household or dwelling unit; and ii. The term "mixed -use development" in KCC 15.02.260 buries development standards within a definition, which results in difficulty for implementation and lack of clarity. The development standards have been moved to KCC 15.04.200; and iii. The definition of opiate substitution treatment facility in KCC 15.02.307 refers to state codes that are no longer active and have been repealed; and iv. On June 1, 2021, the City adopted the Kent Housing Options Plan, recognizing a need to meet the growing demand for housing. City KCC 15.04.170 and footnotes 1, 2, 3, and 27 in KCC 15.04.180 contain conflicting development standards which unintentionally limit housing development and allowed density established through the Kent Comprehensive Plan; and V. On March 3, 2020, the City adopted Ordinance 4355, the Rally the Valley subarea plan and associated development regulations. KCC 15.04.050 footnotes 12, 14,15, and 21 were erroneously left in the code after the adoption of the subarea plan; and 2 Amending Title 15 -Annual Housekeeping Amendments vi. On August 21, 2012, Ordinance 4043 revised the table layout for parking standards, which unintentionally removed the appropriate reference locations for footnotes 3 and 4 in KCC 15.05.040. D. On November 8, 2022, a request for expedited review was sent to the Washington State Department of Commerce, which acknowledged that the request was received on November 9, 2022. On November 22, 2022, the City was granted expedited review and was informed that it had met the Growth Management Act notice requirements under RCW 36. 70A.106. E. On November 14, 2022, the Land Use and Planning Board held a regular meeting to discuss these code amendments. F. On November 14, 2022, staff presented the amendments the Economic and Community Development Committee. G. On November 16, 2022, the City's SEPA Responsible Official issued a Determination of Nonsignificance for these 2022 Housekeeping Amendments (ENV-2022-17 / RPSA-2224073). H. On November 28, 2022, after appropriate public notice, the Land Use and Planning Board held a public hearing to consider the proposed code amendments and forwarded their recommendation to adopt the amendments, as presented, to the City Council. No public comment was received. I. On December 6, 2022, the City Council Public Operations and Safety Committee considered the recommendation of the Land Use and 3 Amending Title 15 -Annual Housekeeping Amendments Planning Board and made a recommendation to adopt the ordinance to the full City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment - KCC 15.02.135. Section 15.02.135 of the Kent City Code, entitled 'Family," is amended as follows: Sec. 15.02.135. Family. Family means an individual; two or more persons related by blood, marriage, or state -registered domestic partnership under Chapter 26.60 RCW; a group of two or more disabled residents protected under the Federal Housing Act Amendments, who are not related by blood, marriage, or state -registered domestic partnership under Chapter 26.60 RCW, living together as a single housekeeping unit; or -a e - fewer- residents two or more persons who are not related by blood, marriage, or state -registered domestic partnership under Chapter 26.60 RCW, living together as a single housekeeping unit. SECTION 2. - Amendment - KCC 15.02.260. Section 15.02.260 of the Kent City Code, entitled "Mixed use development," is amended as follows: Sec. 15.02.260. Mixed use development. Mixed use development shall mean two or more permitted uses or conditional uses developed in conjunction with one another on the same site. Provided that the aforementioned requirements are met, a mixed use development may include two or more separate buildings. At'east 25 peFeent of the gFess fl;,or area, -ars-defined -mcEG 15-92.�79, n9bist be a pemqitted eemfneFeial use, 4 Amending Title 15 -Annual Housekeeping Amendments SECTION 3. - Amendment - KCC 15.02.307. Section 15.02.307 of the Kent City Code, entitled "Opiate substitution treatment facility," is amended as follows: Sec. 15.02.307. Opiate substitution treatment facility. Opiate substitution treatment facility means an agency, business, clinic or other facility that administers opiate substitution treatment services, including the dispensing of approved opioid agonist treatment medication used in the treatment of opiate dependency, -aeee,danee with RGW 70.96A.409 SECTION 4. - Amendment - KCC 15.04.050. Section 15.04.050 of the Kent City Code, entitled "Industrial land use development conditions," is amended as follows Sec. 15.04.050. Industrial land use development conditions. 1. [Reserved]. 2. Light manufacturing is permitted in the downtown commercial enterprise district as follows: a. Laboratory and related industrial research and development uses are permitted, including such uses as hardware or robotics testing, industrial showrooms, and training facilities for industrial machinery. 5 Amending Title 15 -Annual Housekeeping Amendments b. Operations of sorting, packaging, recycling, or distribution are not permitted except as accessory uses to the on -premises manufacturing. C. Heavy industrial uses that have significant external impacts such as noise, olfactory pollution, or vibration are not permitted. d. All processing, fabricating, or assembly of products (i.e., light manufacturing) takes place wholly within an enclosed building. i. Assembly is defined as creation of a component or end item made from a number of parts and subassemblies. This does not include the putting together of kits, gift baskets, or packaging items produced elsewhere for purposes of e-commerce or wholesale trading. e. Storage is limited to items consumed, produced, or altered on the premises. i. Outdoor storage shall only be allowed as an accessory use to another principal use. A. The material(s) being stored shall not exceed 12 feet in height at any point. B. The material(s) being stored shall be wrapped or enclosed to prevent wind-blown debris. C. The storage area shall not exceed 15 percent of the building footprint or five percent of the lot area, whichever is less. D. Outdoor storage shall be screened from public view from Class A and B streets (as defined in the downtown design guidelines) and from trails by Type I landscaping and minimum six -foot -tall fence or wall. E. Outdoor storage shall be sited to minimize visibility. f.' Truck storage is only permitted as an accessory use to a principally permitted use on sites two and one-half acres or larger that also have access to a principal arterial or higher classification roadway within 500 feet of the property, or as otherwise approved by the director. g. Areas designated for truck parking or loading shall be concealed from view along public streets or trails. Dock -high doors for truck loading are permitted at a ratio of one door per 25,000 square feet of building area. h. Dock -high loading doors shall be set back, recessed, and/or screened so as not to be visible from adjacent local streets or residential properties. i. The office portion of a manufacturing use shall be adjacent to the public street with the highest classification. j. Buildings must have entries on abutting Class A and B streets (as defined in the downtown design guidelines) and those entries shall include substantial fenestration on the associated facade to emphasize the entry. 6 Amending Title 15 -Annual Housekeeping Amendments 3. Small-scale light manufacturing operations as follows: stamping, brazing, testing, electronic assembly, and kindred operations where the building, structure, or total operation does not encompass more than 10,000 square feet of area. The 10,000-square-foot total shall include all indoor and outdoor storage areas associated with the manufacturing operation. Only one 10,000-square-foot manufacturing operation shall be permitted per lot. 4. [Reserved]. 5. Contractor shops where most of the work is done on call, and which do not rely on walk-in trade, but where some incidental storage or semi - manufacturing work is done on the premises, such as carpentry, heating, electrical, or glass shops, printing, publishing, or lithographic shops, furniture, upholstery, dry cleaning, and exterminators. 6. Accessory uses include sales of product accessory to and directly related to the manufacturing or warehousing use on the site. 7. [Reserved]. 8. [Reserved]. 9. Includes incidental storage facilities and loading/unloading areas. 10. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. 11. [Reserved]. 12. , Reserved. 13. [Reserved]. 14. FeF perngitted uses, 7 Amending Title 15 -Annual Housekeeping Amendments dmstr-iet-Reserved. 15. Reserved. 16. [Reserved]. 17. [Reserved]. 18. [Reserved]. 19. Miniwarehouses are limited to 40 percent of the gross leasable area of the building in which the miniwarehousing use is located, and cannot be located on the ground floor. For purposes of this title, "miniwarehouses" means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the space for the purpose of storing and removing personal property on a self- service basis, but does not include a garage or other storage area in a private residence. 20. [Reserved]. 8 Amending Title 15 -Annual Housekeeping Amendments - a. - i - ■-tawl estab"shments, ineluding- - televisien, radie-, f. ■Fefess;enal serviees, ineluding but net and eensulting serviees; and 9. Any ether bise that is deter-n9miged by the .. .-5, inter-pFetatien ef uses. Reserved. Amending Title 15 -Annual Housekeeping Amendments 22. Permitted uses are limited to storage, warehousing, processing, and conversion of agricultural, dairy, and horticultural products, but not including slaughtering, meat packing, and fuel farm facilities. 23. [Reserved]. 24. [Reserved]. 25. [Reserved]. 26. [Reserved]. 27. 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. 28. [Reserved]. 29. [Reserved]. 30. [Reserved]. 31. Reuse or replacement of existing structures for nonagricultural uses is allowed where it is shown that the existing structures are obsolete for agricultural use and will have no viable economic use unless they can be put to nonagricultural use. Any replacement structures must maintain or enhance the agricultural appearance of the property. Signs shall be limited to not more than 100 square feet in area per business, and of that amount, freestanding signs shall not exceed 40 square feet in area. No increase in the area of existing impervious surface shall be allowed in connection with a nonagricultural use. 32. 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. 33. All uses within a complex must be principally permitted uses within the zoning district. 34. [Reserved]. 35. Outside storage or operations yards in the I1, I2, and I3 districts shall be permitted only as accessory uses. Such uses are incidental and 10 Amending Title 15 -Annual Housekeeping Amendments subordinate to the principal use of the property or structure. Outdoor storage is limited to 15 percent of the total site area in the I1 district, 30 percent of the total site area in the I2 district, and 50 percent of the total site area in the I3 district. 36. [Reserved]. 37. In the I1, I2, and I3 districts, commercial, office, and retail uses are allowed; these uses are limited to 30,000 square feet per occupancy. 38. Reference KCC 15.07.040(B), outdoor storage landscaping. SECTION 5. - Amendment - KCC 15.04.170. 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I; p. b I. I S921S N N U N M M !e!;uap!saa Al!we=l-a!Bu!S 9.v-ms vN M V dam.. d M V !e!;uep!saa Aywe=1-016u!S £-21S s v v O Iejnnau6 e! ue 31 dI 3 p.iso 214bS U a c N 0 acuV cu M o O o - o!.-y o c i N!eJn;!nouBy a 3 (0 a ca fN O - C m C O to N 0 a "O Q r" 1--I SECTION 6. - Amendment - KCC 15.04.180. Section 15.04.180 of the Kent City Code, entitled "Agricultural and residential zone development standard conditions," is amended as follows: Sec. 15.04.180. Agricultural and residential zone development standard conditions. 1. There shall be no minimum lot size in the zone. However, when creating a zero lot line subdivision under KCC 12.04.260, the minimum lot size identified in KCC 15.08.320 and 15.08.330 shall apply. +ff4 tFn+4e' afe -- -. - - Nu.a�f: �1i�ail.P.���.R�l�.i�t�l..wa..Q.Qa.1.�I:(..�i?tviai�f G��a�.w 3. , .Reserved. 4. To determine minimum lot width for irregular lots, a circle of applicable diameter (the minimum lot width permitted) shall be scaled within the proposed boundaries of the lot; provided, that an access easement to another lot is not included within the circle. 5. Interior yards shall not be computed as part of the site coverage. 6. Porches and private shared courtyard features may be built within the front building setback line. 18 Amending Title 15 -Annual Housekeeping Amendments 7. For properties abutting on West Valley Highway, the frontage on West Valley Highway shall be considered the front yard. 8. Proposed front yards less than 20 feet in depth are subject to approval by the planning manager, based on review and recommendation from the public works department relative to the existing and future traffic volumes and right-of-way requirements as specified in the city comprehensive transportation plan and city construction standards. 9. At least 20 linear feet of driveway shall be provided between any garage, carport, or other primary parking area and the street property line with the exception of an alley property line. 10. An aggregate side yard of 30 feet shall be provided. A minimum of 10 feet shall be provided for each side yard. On a corner lot the side yard setback shall be a minimum of 20 feet from the property line. 11. Each side yard shall be a minimum of 10 percent of the lot width; however, regardless of lot width, the yard width need not be more than 30 feet. For multifamily townhouse developments that attach three units or less, in the MRT-12 or MRT-16 zoning districts, the aggregate yard width need not be more than 30 feet, but in no case shall a yard be less than 10 feet. 12. Structures for feeding, housing, and care of animals, except household pets, shall be set back 50 feet from any property line. 13. Additional setbacks for the agricultural general AG zoning district. 19 Amending Title 15 -Annual Housekeeping Amendments a. Structures for feeding, housing, and care of animals shall be set back 50 feet from any property line. b. Transitional conditions shall exist when an AG district adjoins a residential district containing a density of two dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, railroad main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than 50 feet shall be provided. C. Setbacks, Green River. Industrial development in the AG district abutting the Green River, or Russell Road or Frager Road where such roads follow the river bank, shall be set back from the ordinary high-water mark of the river a minimum of 200 feet. Such setbacks are in accordance with the city comprehensive plan and in accordance with the high quality of site development typically required for the industrial park areas of the city and in accordance with the State Shoreline Management Act of 1971, and shall be no more or less restrictive than the Shoreline Management Act. 14. An inner court providing access to a double -row building shall be a minimum of 20 feet. 15. The distance between principal buildings shall be at least one-half the sum of the height of both buildings; provided, however, that in no case shall the distance be less than 12 feet. This requirement shall also apply to portions of the same building separated from each other by a court or other open space. 20 Amending Title 15 -Annual Housekeeping Amendments 16. The height limitations shall not apply to barns and silos; provided, that they are not located within 50 feet of any lot line. 17. Beyond this height, to a height not greater than either four stories or 60 feet, there shall be added one additional foot of yard for each additional foot of building height. 18. The planning manager shall be authorized to approve a height greater than four stories or 60 feet, provided such height does not detract from the continuity of the area. When a request is made to exceed the building height limit, the planning manager may impose such conditions, within a reasonable amount of time, as may be necessary to reduce any incompatibilities with surrounding uses. 19. Except for lots used for agricultural practices, the maximum impervious surface area allowed shall be 10,000 square feet when the lot is greater than one acre. 20. The following uses are prohibited: a. The removal of topsoil for any purpose. b. Grade and fill operations; provided, that limited grade and fill may be approved as needed to construct permitted buildings or structures. C. All subsurface activities, including excavation for underground utilities, pipelines, or other underground installations, that cause permanent disruption of the surface of the land. Temporarily disrupted soil surfaces shall be restored in a manner consistent with agricultural uses. d. Dumping or storage of nonagricultural solid or liquid waste, or of trash, rubbish, or noxious materials. 21 Amending Title 15 -Annual Housekeeping Amendments e. Activities that violate sound agricultural soil and water conservation management practices. 21. Outdoor storage for industrial uses shall be located at the rear of a principally permitted structure and shall be completely fenced. 22. Mobile home park combining district, MHP. The standards and procedures of the city mobile home park code shall apply. General requirements and standards for mobile home park design, KCC 12.04.055; mobile home parks, Chapter 12.05 KCC. 23. Except for lots used for agricultural practices, the maximum impervious surface area allowed shall be 10,000 square feet. 24. Minimum lot width, building setbacks, and minimum lot size regulations may be modified consistent with provisions for zero lot line and clustering housing development. 25. Assisted living facilities, independent senior living facilities, and residential facilities with health care are subject to multifamily design review as provided for in KCC 15.09.045(D), except when located within downtown or along Meeker Street from 64th Avenue South to Kent -Des Moines Road, where development is subject to downtown design review pursuant to KCC 15.09.046. 26. The requirements of KCC 15.09.045(D) for multifamily design review shall apply to any multifamily dwelling or transitional housing of three or more units, including triplex townhouse structures, except when located within downtown or along Meeker Street from 64th Avenue South to Kent- 22 Amending Title 15 -Annual Housekeeping Amendments Des Moines Road (where development is subject to downtown design review pursuant to KCC 15.09.046), or when located in a single-family plat or short plat, where residential design review applies pursuant to KCC 15.09.045(C). .Reserved. 28. The following zoning is required to be in existence on the entire property to be rezoned at the time of application of a rezone to an MR-T zone: SR-8, MR-D, MR-G, MR-M, MR-H, NCC, CC, GC, DC, or DCE. 29. All multifamily townhouse developments in the MR-T zone shall be townhouses with ownership interest only. 30. As an option to the five-foot side yard requirement for single-family development in all multifamily zoning districts as set forth in KCC 15.04.170, a side yard width of no less than three feet may be utilized under the following conditions: a. Fire hydrants for the development, as required by the fire code set forth in KCC Title 13, will be placed a maximum of 300 feet in separation; b. The required fire hydrants shall have a minimum fire flow of 1,500 gallons per minute; and C. Emergency vehicle access roads shall be provided to the development, which include an improved road accessible within 150 feet of all portions of the exterior first floor of the structure. This option is subject to the approval of the Washington State Building Council. Application of this option shall be effective upon receipt by the city of Kent of such approval. 23 Amending Title 15 -Annual Housekeeping Amendments 31. Where lands are located wholly or partially within the urban separator, as designated on the city of Kent comprehensive land use plan map, dwelling units shall be required to be clustered, subject to the provisions of Chapter 12.04 KCC, Subdivisions, Binding Site Plans, and Lot Line Adjustments. The density in a cluster subdivision shall be no greater than the density that would be allowed on the parcel as a whole, including all critical areas (creeks, wetlands, geological hazard areas) and buffers, using the maximum density provisions of the zoning district in which it is located. The common open space in a cluster subdivision shall be a minimum of 50 percent of the nonconstrained area of the parcel. The nonconstrained area of the parcel includes all areas of the parcel, minus critical areas, as defined in RCW 36.70A.030(5) as currently and hereinafter amended, and buffers. The remainder of the nonconstrained area of the parcel shall be the buildable area of the parcel. The common open space tracts created by clustering shall be located and configured in the manner that best connects and increases protective buffers for environmentally sensitive areas, connects and protects area wildlife habitat, creates connectivity between the open space provided by the clustering and other adjacent open spaces as well as existing or planned public parks and trails, and maintains scenic vistas. Critical areas and buffers shall not be used in determining lot size and common open space requirements in a cluster subdivision. All natural features (such as streams and their buffers, significant stands of trees, and rock outcroppings), as well as sensitive areas (such as steep slopes and wetlands and their buffers), shall be preserved as open space in a cluster subdivision. Future development of the common open space shall be prohibited. Except as specified on recorded documents creating the common open space, all 24 Amending Title 15 -Annual Housekeeping Amendments common open space resulting from lot clustering shall not be altered or disturbed in a manner that degrades adjacent environmentally sensitive areas, rural areas, agricultural areas, or resource lands; impairs scenic vistas and the connectivity between the open space provided by the clustered development and adjacent open spaces; degrades wildlife habitat; and impairs the recreational benefits enjoyed by the residents of the development. Such common open spaces may be retained under ownership by the owner or subdivider, conveyed to residents of the development, conveyed to a homeowners' association for the benefit of the residents of the development, conveyed to the city with the city's consent and approval, or to another party upon approval of the city of Kent. The minimum lot size of individual lots within a clustered subdivision is 2,500 square feet, and the minimum lot width is 30 feet. In the event that common open space prohibits development of one single-family residence on the parcel, the common open space will be reduced by the amount necessary to meet the minimum 2,500-square-foot lot size. New lots created by any subdivision action shall be clustered in groups not exceeding eight units. There may be more than one cluster per project. Separation between cluster groups shall be a minimum of 120 feet. Sight -obscuring fences are not permitted along cluster lot lines adjacent to the open space area. 32. For multifamily townhouse developments, that attach three units, the minimum building -to -building separation shall be 10 feet. For duplex and single-family condominium townhouse developments, tree minimum building -to -building separation shall be established through the International Building Code (IBC) or International Residential Code (IRC), as may be applicable. 25 Amending Title 15 -Annual Housekeeping Amendments 33. Where lands are located wholly outside the urban separator, as designated on the city of Kent comprehensive land use plan map, dwelling units may be clustered, subject to the applicable provisions of Chapter 12.04 KCC. 34. The downtown design review requirements of KCC 15.09.046 shall apply for all development within downtown or along Meeker Street from 64th Avenue South to Kent -Des Moines Road. 35. Minimum lot area requirements do not apply to multifamily development in the Kent downtown planning area identified in KCC 15.09.046. 36. Cargo containers proposed to be located in a residential zone must be located completely within a stick -built structure with a peaked roof and building materials similar to that of the principal residence on the site. No containers greater than 10 feet by 20 feet may be placed in residential districts. This restriction does not apply to containers collecting debris or accepting household goods for moving that are located on residential property for less than 72 hours. Additionally, institutional uses are exempt from these requirements except when a shipping container is proposed to be located adjacent to or within sight of a residential use. 37. For subdivisions and short subdivisions created after March 22, 2007, or altered to comply with zoning and subdivision code amendments effective after March 22, 2007, the minimum lot size shall be 3,000 square feet. Minimum lot width shall be measured by scaling a 30-foot-diameter circle within the boundaries of the lot; provided, that easement areas may not be included in the required 30-foot-diameter circle. The lot frontage along 26 Amending Title 15 -Annual Housekeeping Amendments private or public streets shall be a minimum 20 feet in width. Minimum driveway separation shall be 10 feet. Shared driveways are permitted. 38. [Reserved]. 39. The residential design review standards of KCC 15.09.045(C) shall apply. 40. Duplexes are subject to the residential design review standards of KCC 15.09.045(C), except when located within downtown or along Meeker Street from 64th Avenue South to Kent -Des Moines Road, where they are subject to downtown design review pursuant to KCC 15.09.046. 41. Development adjacent to a regional trail is subject to the following regional trail corridor development standards: a. Regional trails for the purposes of this section shall include scenic and recreational roads and the Green River Trail, Interurban Trail, and Puget Power Trail. b. Regional trail access. No building or lot shall be constructed or created within 500 feet of a regional trail without providing public access to the regional trail via public sidewalks or a trail system dedicated for public use by a public access easement. Such sidewalks or private trail systems shall connect to regional trails at intervals of 500 feet or less, and shall be accomplished with minimal street crossings. C. All public access points shall have standard city of Kent signage indicating trail access. d. No street connections to scenic and recreational roads shall be permitted unless no other vehicle access is practical. 27 Amending Title 15 -Annual Housekeeping Amendments SECTION 7. - Amendment - KCC 15.04.200. Section 15.04.200 of the Kent City Code, entitled 'Mixed use overlay development standards," is amended as follows: Sec. 15.04.200. Mixed use overlay development standards. Overlay Districts GC -MU CC -MU Floor area ratio Not applicable 0.40 for commercial uses. 0.50 for commercial uses combined with residential uses; provided, that commercial floor area may be increased by one square foot for each square foot of residential floor area provided up to a maximum commercial FAR of 0.5. 1.0 for residential uses; provided, that residential FAR may be increased by 0.5 if parking is provided below grade, up to a maximum of 1.5. Minimum Commercial At least five percent of the gross floor area At least 25 percent of the gross floor area, must be a permitted commercial use. The must be a permitted commercial use, residential component of any mixed use except for mixed use on parcels two acres development cannot be permitted or or less in where at least five percent of the occupied prior to the permitting or lawful gross floor area must be a permitted occupancy of the commercial component. commercial use. The residential component of any mixed use development cannot be permitted or occupied prior to the permitting or lawful occupancy of the commercial component. Site coverage 40 percent for commercial uses. 60 percent for commercial uses with residential uses; provided, that five percent 40 percent for commercial uses. 60 percent for commercial uses with residential uses; provided, that 25 percent of the gross floor area is commercial use, of the gross floor area is residential use. except within the downtown area (as defined in KCC 15.09.046), where 25 percent of the gross floor area must be commercial use. Height 65 feet. 25 feet; provided, that basic heights may be increased up to the maximum height of 40 feet. (1) Front yard Zero feet; provided, that some setback may be required in the front yard to accommodate a sidewalk which shall be at Zero feet; provided, that some setback may be required in the front yard to accommodate a sidewalk which shall be at least 10 feet in width. least 10 feet in width. Rear and side yard Zero feet; provided, that setbacks of at least 20 feet will be required in any rear Zero feet; provided, that setbacks of at least 20 feet will be required in any rear or side yards that are adjacent to a or side yards that are adjacent to a residential zoning district. residential zoning district. Off-street parking The off-street parking requirements of Chapter 15.05 KCC shall apply. Retail/office uses: four spaces per 1,000 square feet of floor area. (2) Residential uses. (3) 28 Amending Title 15 -Annual Housekeeping Amendments Overlay Districts GC -MU CC -MU Design review Design review requirements of Design review requirements of KCC 15.09.045(F) shall apply for all mixed KCC 15.09.045(F) shall apply for all mixed use development in GC -MU zones, except use development in CC -MU zones, except for the following: for the following: a. Developments along a. Developments along Meeker Street from 64th Avenue South to Meeker Street from 64th Avenue South to Kent -Des Moines Road and in downtown Kent -Des Moines Road and in downtown are subject to downtown design review are subject to downtown design review requirements of KCC 15.09.046. requirements of KCC 15.09.046. b. Independent senior living b. Independent senior living facilities, assisted living facilities, assisted living facilities, residential facilities with health facilities, residential facilities with health care or transitional housing of three or care or transitional housing of three or more families located outside of downtown more families located outside of downtown and Meeker Street from 64th Avenue and Meeker Street from 64th Avenue South to Kent -Des Moines Road are South to Kent -Des Moines Road are subject to multifamily design review as subject to multifamily design review as provided for in KCC 15.09.045(D). provided for in KCC 15.09.045(D). SECTIONS. - Amendment - KCC 15.05.040. Section 15.05.040 of the Kent City Code, entitled 'Parking standards for specific activities," is amended as follows: Sec. 15.05.040. Parking standards for specific activities. A. Standards for the number of parking spaces for specific activities are indicated in the following chart: SPECIFIC LAND USE-F PARKING SPACE REQUIREMENT Living activities Single-family Two parking spaces per single-family dwelling. Duplex Two parking spaces per dwelling unit. Multifamily) Z 1,1 One parking space per unit for efficiency apartments in all sized developments; two parking spaces for each dwelling unit for developments with 49 or less dwelling units; one and eight -tenths parking spaces per dwelling unit for 29 Amending Title 15 -Annual Housekeeping Amendments SPECIFIC LAND USE PARKING SPACE REQUIREMENT developments of 50 or more dwelling units. Accessory dwelling One off-street parking space unit per accessory unit is required in addition to the required parking for the single-family home. The planning director may waive this requirement where there are special circumstances related to the property and its location. The surface of a required ADU off-street parking space shall comply with KCC 15.05.090(E). Boardinghouses and One parking space for the lodging houses proprietor, plus one space per sleeping room for boarders or lodging use, plus one additional space for each four persons employed on the premises. Mobile Two parking spaces for and manufactured each mobile home site. home parks Recreational vehicle One parking space for each park site. Hotels, One parking space for each guest room, plus two parking spaces for each three employees. Commercial activities Banks6 One parking space for each 200 square feet of gross floor area, except when part of a shopping center. Professional and One parking space for each business offices, 250 square feet of gross floor area, except when part of a shopping center. Shopping centers, Four and one-half spaces per 1,000 square feet of gross leaseable area (GLA) for centers having GLA of 30 Amending Title 15 -Annual Housekeeping Amendments SPECIFIC LAND USE PARKING SPACE REQUIREMENT less than 400,000 square feet, and five spaces per 1,000 square feet of GLA for centers having a GLA of over 400,000 square feet. Restaurants, One parking space for each nightclubs, taverns and 100 square feet of gross lounges, floor area, except when part of a shopping center. Retail stores, One parking space for each supermarkets, 200 square feet of gross department stores and floor area, except when personal service located in a shopping center. shops, Other retail One parking space for each establishments; 500 square feet of gross furniture, appliance, floor area, except when hardware stores, located in a shopping center. household equipment service shops, clothing or shoe repair shops, Drive-in business One parking space for each 100 square feet of gross floor area, except when located in a shopping center. Uncovered commercial One parking space for each area, new and used 5,000 square feet of retail car lots, plant nursery sales area in addition to any parking requirements for buildings, except when located in a shopping center. Motor vehicle repair One parking space for each and services 400 square feet of gross floor area, except when part of a shopping center. Industrial showroom One parking space for each and display 500 square feet of display area. Bulk retail stores One parking space for each 350 square feet of gross floor area. Industrial activities Manufacturing and One parking space for each industrial uses, 1,000 square feet for 90% of 31 Amending Title 15 -Annual Housekeeping Amendments SPECIFIC LAND USE PARKING SPACE REQUIREMENT including warehouses, the gross floor area, and one storage buildings, and parking space per 250 speculative warehouse square feet for 10% of and the gross floor area. When industrial buildings with total of uses other than multiple use or tenant manufacturing and industrial potential exceeds 10% of the gross floor area, the parking requirements for those uses shall apply. Recreation -amusement activities Auditoriums, theaters, One parking space for each places of public four fixed seats, or one assembly, stadiums, parking space for each 100 and outdoor sports square feet of floor area of areas" main auditorium or of principal place of assembly not containing fixed seats, whichever is greater. Bowling alleys1, Five spaces for each alley, except when located in a shopping center. Dance halls and One parking space for each skating rinks74 200 square feet of gross floor area, except when located in a shopping center. Golf driving ranges One parking space for each driving station. Miniature golf courses One parking space for each hole. Recreational buildings, One parking space for each whether independent 200 square feet of gross or associated with a floor area. Such spaces multifamily complex shall be located adjacent to the building and shall be designated for visitors by signing or other special markings. Educational activities Senior high schools, One space for each public, parochial, and employee plus one space for private each 10 students enrolled. In addition, if buses for the transportation of children are kept at the school, one off- 32 Amending Title 15 -Annual Housekeeping Amendments SPECIFIC LAND USE PARKING SPACE REQUIREMENT street parking space shall be provided for each bus, of a size sufficient to park each bus. One additional parking space for each 100 students shall be provided for visitors in the vicinity of or adjacent to the administration portion of the building or complex. Such parking spaces shall be so designated by signing or other special marking as approved by the traffic engineer. Colleges and Two and one-half parking universities and spaces for each employee, business and plus one space for each vocational schools15 three students residing on campus, plus one space for each five day students not residing on campus. In addition, if buses for transportation of students are kept at the school, one off-street parking space shall be provided for each bus, of a size sufficient to park each bus. One additional parking space for each 100 students shall be provided for visitors in the vicinity of or adjacent to the administration portion of the building or complex. Such parking spaces shall be so designated by signing or other special marking as approved by the traffic engineer. Elementary and junior One parking space for each high employee, plus one parking space for every 50 student capacity (Capacity means the designed capacity of the school, even if actual enrollment varies by year). In addition, if buses for transportation of students 33 Amending Title 15 -Annual Housekeeping Amendments SPECIFIC LAND USE PARKING SPACE REQUIREMENT are kept at the school, one off-street parking space shall be provided for each bus, of a size sufficient to park each bus. Consideration for student loading/unloading and pick-up/drop-off areas shall be integrated in the site plan. Libraries and One parking space for each museums 250 square feet in office and public use. Day-care centers One parking space for each employee, plus loading and unloading areas. Medical activities Medical and dental One parking space for each offices76 200 square feet of gross floor area, except when located in a shopping center. Convalescent, nursing, One parking space for each and health institutions two employees, plus one parking space for each three beds. Hospitals One parking space for each three beds, plus one parking space for each staff doctor, plus one parking space for each three employees. Religious activities Churches, One space for each five religious institutions, or seats in the main auditorium/ other places of gathering place; provided, worshipw that the spaces for any institution shall not be less than 10. One seat is equivalent to seven square feet, for institutions that do not have seats in the main gathering place. For all existing institutions enlarging the seating capacity of their auditoriums, one additional parking space shall be provided for each five 34 Amending Title 15 -Annual Housekeeping Amendments SPECIFIC LAND USE PARKING SPACE REQUIREMENT additional seats provided by the new construction. For all existing institutions making structural alterations or additions which do not increase the seating capacity of the auditorium, no additional parking need be provided. Mortuaries or funeral One parking space for each homes 100 square feet of floor area of assembly rooms. Other uses For uses not specifically identified in this section, the amount of parking required shall be determined by the planning department, based on staff experience, parking required for similar uses, and, if appropriate, documentation provided by the applicant. 1. Where enclosed garages are utilized to provide parking required by this title, an 18-foot stacking space shall be provided in front of such garage units; provided, however, the planning director shall have the authority to approve alternative plans where the developer can assure that such garage units will continue to be available for parking purposes and will not cause onsite parking or circulation problems. These assurances include but are not limited to: (a) covenants that run with the land or homeowners' association that require garages to be utilized for the storage of vehicles, (b) maintenance of drive aisle widths of 26 feet in front of each garage unit, and (c) maintenance of minimum clearances for fire lanes on the site. Special parking for recreational vehicles will not be required as long as the facility does not permit recreational vehicles other than campers or vehicles that will fit into a normal -sized parking stall. If recreational vehicles are to be permitted on the development, they must be screened and fenced. 2. Exceptions for senior citizen apartments in multifamily buildings: a. The multifamily parking requirement may be reduced as determined by the planning director. The planning director shall base his/her decision on a parking study that supports one or more of the following: 35 Amending Title 15 -Annual Housekeeping Amendments i. Availability of private, convenient, regular transportation services to meet the needs of the tenants; ii. Accessibility to and frequency of public transportation; iii. Pedestrian access to health, medical, and shopping facilities; iv. Minimum age requirement to reside in subject apartments; V. Special support services offered by the facility; vi. Other documentation or standards that support a permanent reduction of parking stalls. 3. In MTC-1, MTC-2, and MCR zoning districts, a minimum of three -fourths parking space per dwelling unit, or conduct a parking feasibility study to determine need. No spaces provided for recreation vehicles. 4. For senior developments iln MTC-1, MTC-2, and MCR zoning districts, one parking space for every four dwelling units, or conduct a parking feasibility study to determine need. 5. In MTC-1, MTC-2, and MCR zoning districts, one parking space for each guest room, plus two parking spaces for every five employees, or conduct a parking feasibility study to determine need. 6. In MTC-1 and MCR zoning districts, one parking space for every 400 square feet of gross floor area, except when part of a shopping center, or conduct a parking feasibility study to determine need; in MTC-2 zoning district, one parking space for every 500 square feet of gross floor area, or conduct a parking feasibility study to determine need. 7. In MTC-1 and MCR zoning districts, one parking space for every 400 square feet of gross floor area, or conduct a parking feasibility study to determine need. 8. In MTC-1 and MCR zoning districts, one parking space for every 200 square feet of gross floor area, or conduct a parking feasibility study to determine need; in MTC-2 zoning district, a minimum of one parking space for every 300 square feet of gross floor area, or conduct a parking feasibility study to determine need. No parking is required if use is 3,000 square feet or less and with a parking supply of at least 20 spaces within 500 feet or 1,000 feet of a public garage. 36 Amending Title 15 -Annual Housekeeping Amendments 9. In MTC-1 and MCR zoning districts, one parking space for every 400 square feet of gross floor area, or conduct a parking feasibility study to determine need; in MTC-2 zoning district, one parking space for every 500 square feet of gross floor area, or conduct a parking feasibility study to determine need. No parking is required if use is 800 square feet or less and with a parking supply of at least 20 spaces within 500 feet or 1,000 feet of a public garage. 10. In MTC-1, MTC-2, and MCR zoning districts, one parking space for every 1,000 square feet of gross floor area, or conduct a parking feasibility study to determine need. No parking is required if use is 800 square feet or less and with a parking supply of at least 20 spaces within 500 feet or 1,000 feet of a public garage. 11. In MTC-1 and MCR zoning districts, one parking space for every 400 square feet of gross floor area, except when located in a shopping center. 12. In MTC-1 and MCR zoning districts, conduct a parking feasibility study to determine need. 13. In MTC-1 and MCR zoning districts, three parking spaces for each alley, except when located in a shopping center. 14. In MTC-1 and MCR zoning districts, one parking space for every 500 square feet of gross floor area, or conduct a parking feasibility study to determine need. 15. In MTC-1, MTC-2, and MCR zoning districts, conduct a parking feasibility study to determine need. 16. In MTC-1, MTC-2, and MCR zoning districts, a minimum of one parking space for every 400 square feet of gross floor area, or conduct a parking feasibility study to determine need. 17. In MTC-1, MTC-2, and MCR zoning districts, one parking space for every 10 seats in the main auditorium; provided, that the spaces for any church shall not be less than 10. For all existing churches enlarging the seating capacity, one additional parking space shall be provided for every 10 seats provided by the new construction. B. Mixed occupancies or mixed use if one occupancy. In the case of two or more uses in the same building, the total requirements for off-street 37 Amending Title 15 -Annual Housekeeping Amendments parking facilities shall be the sum of the requirements for the several uses computed separately; except in shopping centers, and except as provided in the mixed use overlay, KCC 15.04.200. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as permitted in subsection (C) of this section pertaining to joint use. C. Joint use. The minimum amount of off-street parking required by subsection (A) of this section may be reduced by the planning director when shared parking facilities for two or more uses are proposed if: 1. The total parking area exceeds 5,000 square feet; 2. The parking facilities are designed and developed as a single onsite common parking facility, or as a system of onsite and offsite facilities if all facilities are connected with improved pedestrian facilities and located within 500 feet of the buildings or use areas they are intended to serve; 3. The amount of reduction in off-street parking does not exceed 10 percent per use unless it is documented that the peak parking demand hours of two or more uses are separated by at least one hour; 4. The subject properties are legally encumbered by an easement or other appropriate means which provide for continuous joint use of the parking facilities. Documentation shall require review and approval by the city attorney; and 5. The total number of parking spaces in the shared parking facility is not less than the minimum required by any single use. D. Employee parking. Where employee parking will be maintained separately and in addition to parking for the general public, the regulations of this subsection shall apply: 1. Minimum parking stall sizes, aisle widths, and percentage of compact car stalls shall be as per other requirements in this chapter. 2. Employee parking must be clearly identified as such and not become parking for the general public. 3. If the employee parking is changed to parking for the general public, the normal regulations for off-street parking shall be in force. 38 Amending Title 15 -Annual Housekeeping Amendments 4. Employee parking shall not be in lieu of parking requirements per activity as stated in this section. E. Temporary parking facilities. Temporary parking facilities may be permitted by the planning director when it has been shown that: 1. The existing use of the subject property has adequate legal nonconforming parking or that existing parking conforms to the applicable standards of this title. 2. The temporary parking facility is primarily intended to serve the public at large and not the existing use on the property. 3. The temporary parking facility serves a public need. 4. The temporary facility meets the following minimum standards: a. There shall be a minimum of 285 square feet gross area per stall. b. The pavement section shall be a minimum of four inches of five -eighths -inch minus C.R. crushed rock with bituminous surface treatment, subject to engineering department review. C. Onsite drainage control and detention shall be provided per the drainage ordinance. d. Ingress and egress and interior circulation and perimeter control shall be subject to traffic engineer approval. F. Compact car parking. 1. Parking stall size shall be a minimum of eight feet by 16 feet. Aisle width shall be per the requirements of KCC 15.05.080 and Diagram No. 1 following KCC 15.05.100. 2. Compact car parking spaces shall be clearly identified by signing or other marking as approved by the city engineer. 3. Compact car parking spaces shall not exceed 30 percent of the total required parking, and shall be distributed throughout the entire parking area. For parking lots of more than 20 stalls, up to 50 percent of the total required parking may be compact car parking spaces. Compact stalls cannot be located along a fire lane in lots where the percentage of compact stalls exceeds 30 percent, unless approved by the fire marshal. 39 Amending Title 15 -Annual Housekeeping Amendments 4. See KCC 15.05.080 and diagram No. 1 following KCC 15.05.100 for typical compact car stall arrangements. G. Transit and rideshare provisions. 1. The planning director may reduce the minimum number of off- street parking stalls for businesses which have a commute trip reduction program filed with the city. Based upon a review of this program and input from other staff members, a reduction of up to 20 percent of the minimum standard may be approved. Any reduction in the amount of required parking is only valid for as long as the approved CTR program is in effect. An invalidated program or a change in use or operations would result in the application of the underlying standards per subsection (A) of this section. 2. The planning director may reduce the number of required off- street parking stalls for businesses which do not have a commute trip reduction program by one stall for every two car pool stalls, and/or one stall for every one van pool stall if: a. Reserved rideshare parking is located convenient to the primary employee entrance; b. Reserved areas are clearly marked by signs for use by approved and qualified rideshare vehicles; C. The use of reserved areas for rideshare parking is actively enforced by the employer; and d. The total reduction in the number of parking stalls does not exceed 10 percent of the required stalls. SECTION 9. - 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 10. - 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. 40 Amending Title 15 -Annual Housekeeping Amendments SECTION 11. - Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. December 13, 2022 DANA RALPH, MAYOR Date Approved ATTEST: December 13, 2022 KIMBERLEY A. OMOTO, CITY ERK Date Adopted APBAWED Ali TO FORM: WHITE, CITY ATTORNEY December 16, 2022 Date Published 41 Amending Title 15 -Annual Housekeeping Amendments STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Rudi Alcott, being first duly sworn on oath that he is the Vice President of Advertising for Sound Publishing, which publishes the Kent Reporter a weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a weekly newspaper in King County, Washington. The Kent- Covington Reporter has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the Kent- Covington Reporter (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a: Public Notice #KEN968370 was published on December 16, 2022 The full amount of the fee charged for said foregoing publication is the sum of $126.91 e"'VL' W Rudi Vice President, Advertising Subscribed and sworn to me this 16" day of December, 2022 . I �42'/ (._:Je'oifer Tribbet ;Notary Public for the State of Washington, Residing in O'rting, Washington 4�, 6q®0q�q�96199 FY®frtpo 0 TA PT v m u�A ; PtJ13LIC `0 Classified Proof CITY OF KENT NOTICE OF ORDINANCES PASSED BY THE CITY COUNCIL The following are sum- maries of ordinances passed by the Kent City Council on December 13, 2022. ORDINANCE NO. 4453 -AN ORDINANCE of the City Council of the City of Kent. Washington, ap- proving the consolidating budget adjustments made between July 1. 2022 and September 30, 2022, reflecting an over- all budget increase of $1.252.020, This ordi- nance shall take effect and be in force five days after publication. as pro- vided by law. ORDINANCE NO. 4455 - AN ORDINANCE of the City Council of the City of Kent. Washington, ap- proving the consolidating budget adjustments made between October 1, 2022. and November 30. 2022, reflecting an overall budget increase of S12.942,540. This or- dinance shall take effect and be in force five days after publication. as pro- vided by law. ORDINANCE NO. 4456 -AN ORDINANCE of the City Council of the City of Kent. Washington, amending sections 15.02.135. 15.02.260. 15.02.307, 15.04.170, 15.04. 180. 15.04.050, '15,04.200. and 15.05.040 of the Kent City Code to correct er- rors and provide clarity in the City's zoning code and development regula- tions. This ordinance shall take effect and be in force 30 days from and after its passage, as Proofed by Jennifer Tribbett, 12/12/2022 11:16:45 am Page: 2 Classified Proof provided by law. A copy ofthe complete text of any ordinance will he mailed upon request of IN,, City Clerk. Kimberley A. Komoto, City Clerk Kl<oiTiDto@Kc,,i)tWA.gov 253-856 5725 #968370 12/ 16/22 Proofed by Jennifer Tribbett, 12/12/2022 1 1:16:45 am Page: 3