HomeMy WebLinkAbout4509 ORDINANCE NO. 4509
AN ORDINANCE of the City Council of the
City of Kent, Washington, implementing the 2044
Comprehensive Plan by amending sections
15.04.070 and 15.04.080 of the Kent City Code to
update commercial land uses, and to rezone various
properties throughout the City consistent with the
Comprehensive Plan.
RECITALS
A. The City has spent over two years on its periodic update to its
Comprehensive Plan, referred to as the 2044 Comprehensive Plan. As part
of that periodic update process, the City updated the Future Land Use Map
to enable capacity throughout the City to accommodate 10,200 new housing
units and 32,000 new jobs over the next 20 years. In an effort to begin
implementing these changes, City staff proposed the City Council initiate
rezones throughout the City.
B. The City also evaluated appropriate locations for various land
uses. Changes to land use and development conditions include, as a direct
result of community input, the locations appropriate for "gasoline service
stations" and "nurseries, greenhouses, garden supplies, tools, etc."
Specifically,, in the NCC (Neighborhood Convenience Commercial) zoning
district, "gasoline service stations" will be removed as an authorized land
use and "nurseries, greenhouses, garden supplies, tools, etc." will be added
as a principally permitted land use. Gasoline service stations will only be
1 Amend KCC 15.04 -
Re:Zoning Change
i
allowed on lots with a Mixed-Use Future Land Use Map designation if the
gasoline service station was authorized on the lot prior to January 1, 2025.
C. On October 11, 2024, the City's Notice of Intent to adopt
"Rezones and Zoning Updates Initiated with the Comprehensive Plan" was
submitted to the Washington State Department of Commerce as well as
affected tribes, relevant state agencies, other jurisdictions that may be
impacted, and the public. An acknowledgement letter of receipt was sent by
the Washington State Department of Commerce on October 14, 2024.
D. On November 8, 2024, the City's SEPA Responsible Official
issued a Final Environmental Impact Statement for the Kent 2044
Comprehensive Plan, including associated code amendments to implement
the Comprehensive Plan.
E. After appropriate public notice, the Land Use and Planning
Board held a public hearing on November 12, 2024, and recommended City
Council adopt zoning and land use changes as recommended by staff to
implement changes consistent with the new 2044 Comprehensive Plan. A
second public hearing was held before the City Council on November 19,
2024, and three comment letters were received and submitted into the
record. None of these comments, however, resulted in City staff
recommending that changes be made to the commercial land uses and
rezones proposed.
F. On December 10, 2024, the City Council, after considering the
record and recommendations of staff, determined that the proposed changes
are consistent with the 2044 Comprehensive Plan, would be compatible with
the existing neighborhoods, and would not adversely affect public health,
safety, and the general welfare of the residents of the City of Kent.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
2 Amend KCC 15.04 -
Re: Zoning Change
ORDINANCE
SECTION 1. - Amendment - KCC 15.04.070. Section 15.04.070 of
the Kent City Code, entitled "Wholesale and retail land uses", is amended as
follows:
3 Amend KCC 15.04 -
Re: Zoning Change
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SECTION 2. - Amendment - KCC 15.04.080. Section 15.04.080 of
the Kent City Code, entitled 'Wholesale and retail land use development
conditions", is amended as follows:
Sec. 15.04.080. Wholesale and retail land use development
conditions.
1 [Reserved].
2. Outside storage or operations yards in the I1, I2, and I3
districts shall be permitted only as accessory uses. Such uses are incidental
and 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.
3. [Reserved].
4. [Reserved].
5. [Reserved].
6. Special uses must conform to the development standards listed
in KCC 15.08.020. Gasoline service stations are only allowed on lots with a
Mixed-Use Future Land Use Map designation if the gasoline service station
was authorized on the lot prior to January 1, 2025.
7. Drive-through restaurants, only if located in a building having
at least two stories.
8. Accessory uses are only allowed in cases where development
plans demonstrate a relationship between these uses and the principal uses
of the property.
9. 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.
10. [Reserved].
11. The ground level or street level portion of all buildings in the
pedestrian overlay of the DC district, set forth in the map below, must be
retail or pedestrian-oriented. Pedestrian-oriented development shall have
9 Amend KCC 15.04 -
Re: Zoning Change
the main ground floor entry located adjacent to a public street and be
physically and visually accessible by pedestrians from the sidewalk, and may
include the following uses:
a. Retail establishments, including but not limited to
convenience goods, department and variety stores, specialty shops such as
apparel and accessories, gift shops, toy shops, cards and paper goods, home
and home accessory shops, florists, antique shops, and book shops;
b. Personal services, including but not limited to barber
shops, beauty salons, and dry cleaning;
C. Repair services, including but not limited to television,
radio, computer, jewelry, and shoe repair;
d. Food-related shops, including but not limited to
restaurants (including outdoor seating areas and excluding drive-in
restaurants) and taverns;
e. Copy establishments;
f. Professional services, including but not limited to law
offices and consulting services; and
g. Any other use that is determined by the economic and
community development director to be of the same general character as the
above permitted uses and in accordance with the stated purpose of the
district, pursuant to KCC 15.09.065, Interpretation of uses.
Gowe
w
10 Amend KCC 15.04 -
Re:Zoning Change
12. Retail convenience grocery sales are allowed in conjunction
with a gasoline service station as a special permit use subject to the
development standards listed in KCC 15.08.020.
13. [Reserved].
14. [Reserved].
15. [Reserved].
16. Includes incidental storage facilities and loading/unloading
areas.
17. Includes incidental storage facilities, which must be enclosed,
and loading/unloading areas.
18. [Reserved].
19. Reference KCC 15.07.040(B), outdoor storage landscaping.
20. Whenever feasible, drive-up/drive-through facilities shall be
accessed from the rear of a site and run along an interior lot line or building
elevation. Landscaping, sufficient to soften the visual impact of vehicle
stacking areas, may be required.
21. Retail use must be for sale of agricultural or horticultural
products, at least 25 percent of the gross sales value of which are grown
within Washington State. Up to 50 percent of the gross sales value may be
for seed, gardening equipment and products, private label foods, and locally
hand-made products. Any structures must be designed to maintain or
enhance the agricultural appearance of the area.
22. Any drive-up/drive-through facility shall be accessory to the
principal use to which it is attached.
23. All battery exchange activities and associated storage shall
take place within an enclosed building. The development standards listed in
KCC 15.08.020(B) shall apply, except that KCC 15.08.020(B)(3) shall not
apply.
24. Drive-through/drive-up businesses are permitted only under
the following conditions:
11 Amend KCC 15.04 -
Re: Zoning Change
a. The development must be within a strip-mall or shopping
center.
25. The ground floor or street level must be retail or pedestrian-
oriented following the Midway Design Guidelines. The main ground floor
entry shall open to a public street with accessory retail uses accessible by
pedestrians.
26. [Reserved].
27. 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.
28. In the 11, I2, and I3 districts, commercial, office, and retail
uses are allowed, but shall be limited to 30,000 square feet per occupancy.
SECTION 3. - Rezones. The real properties identified in the attached
and incorporated Exhibit A, titled "Rezones to Implement the 2044
Comprehensive Plan", shall be rezoned from their current Zoning District
designations to their new Zoning District Designations as identified in Exhibit
A. The City of Kent Zoning Map shall be amended to reflect these new
Zoning District designations.
SECTION 4. - 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 5. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 6. - Effective Date. This ordinance shall take effect and be
in force thirty days from the time of final passage, as provided by law.
12 Amend KCC 15.04 -
Re:Zoning Change
ZD-Z q
DANA RALPH, MA Date Approved
ATTEST:
KIMBERLEY A OMOTO, CITY CL Date Adopted
Date Published
AP VED AS TO FORM:
ITAYW H ITE, CITY ATTO RN EY
r; y
13 Amend KCC 15.04 -
Re: Zoning Change
Exhibit A• Rezones to Implement the 2044 Comprehensive Plan
Parcel Current Zoning Updated (New)
Number Site Address District Zoning District
Single-Family Midway Commercial
1522049060 3433 S 229th PI SR-6 Residential
Single-Family Midway Commercial
1522049142 3427 S 229th PI SR-6 Residential
Single-Family Midway Commercial
1522049140 3435 S 229th PI SR-6 Residential
Single-Family Midway Commercial
1522049108 22904 Military Rd S SR-6 Residential
Community
2622059063 Commercial Single-Family SR-6
Community
2622059070 15238 SE 272nd St Commercial Single-Family SR-6
Community
2622059091 15326 SE 272nd St Commercial Single-Family SR-6
Community
2622059067 15242 SE 272nd St Commercial Single-Family SR-6
12819 SE Kent- Community Community
2822059118 Kangley Rd Commercial Commercial/Mixed Use
13204 SE Kent- Community Community
6792200010 Kangley Rd Commercial Commercial/Mixed Use
13003 SE Kent- Community Community
3322059205 Kangley Rd Commercial Commercial/Mixed Use
Community Community
2722059189 29622 132nd Ave SE Commercial Commercial/Mixed Use
12901 SE Kent- Community Community
2822059113 Kangley Rd Commercial Commercial/Mixed Use
13121 SE Kent- Community Community
3322059206 Kangley Rd Commercial Commercial/Mixed Use
12925 SE Kent- Community Community
2822059344 Kangley Rd Commercial Commercial/Mixed Use
12845 SE Kent- Community Community
2822059120 Kangley Rd Commercial Commercial/Mixed Use
Community Community
2722059053 27006 132nd Ave SE Commercial Commercial/Mixed Use
13240 SE Kent- Community Community
2722059167 Kangley Rd Commercial Commercial/Mixed Use
Community Community
3322059171 Commercial Commercial/Mixed Use
Community Community
6792200021 Commercial Commercial/Mixed Use
Community Community
6792200030 Commercial Commercial/Mixed Use
14 Amend KCC 15.04 -
Re: Zoning Change
Parcel Current Zoning Updated (New)
Number Site Address District Zoning District
Community Community
6792200031 Commercial Commercial/Mixed Use
Community Community
2822059114 27050 128th PI SE Commercial Commercial/Mixed Use
13101 SE Kent- Community Community
3322059135 Kangley Rd Commercial Commercial/Mixed Use
13101 SE Kent- Community Community
3322059222 Kangley Rd Commercial Commercial/Mixed Use
12911 SE Kent- Community Community
2822059125 Kangley Rd Commercial Commercial/Mixed Use
Community Community
2722059173 27112 132nd Ave SE Commercial Commercial/Mixed Use
Community Townhouse/Condo
2822059137 Commercial MRT12
Community Townhouse/Condo
2822059141 Commercial MRT12
12808 SE Kent- Community Townhouse/Condo
2822059074 Kangley Rd Commercial MRT12
12818 SE Kent- Community Townhouse/Condo
2822059122 Kangley Rd Commercial MRT12
High Density
2822059164 12633 SE 270th St Multifamily Single-Family SR-6
Single-Family Community
2922059145 26007 116th Ave SE SR-8 Commercial/Mixed Use
11404 SE Kent- Single-Family Community
2922059119 Kan le Rd SR-8 Commercial/Mixed Use
11504 SE Kent- Single-Family Community
2922059120 Kan le Rd SR-8 Commercial/Mixed Use
Single-Family Community
2922059132 25913 116th Ave SE SR-8 Commercial/Mixed Use
Single-Family Community
2922059072 SR-8 Commercial/Mixed Use
Single-Family Community
2922059144 26015 116th Ave SE SR-8 Commercial/Mixed Use
Single-Family Community
2922059232 26041 116th Ave SE SR-8 Commercial/Mixed Use
Single-Family Community
2922059130 26047 116th Ave SE SR-8 Commercial/Mixed Use
11426 SE Kent- Single-Family Community
2922059056 Kan le Rd SR-8 Commercial/Mixed Use
Neighborhood
Single-Family Convenience
2122059136 24608 116th Ave SE SR-6 Commercial
15 Amend KCC 15.04 -
Re: Zoning Change
Parcel Current Zoning Updated (New)
Number Site Address District Zoning District
Neighborhood
Single-Family Convenience
2122059148 SR-6 Commercial
Neighborhood
Single-Family Convenience
2122059042 24436 116th Ave SE SR-6 Commercial
Neighborhood
Single-Family Convenience
2122059052 11615 SE 248th St SR-6 Commercial
Neighborhood
Single-Family Convenience
2122059023 11624 SE 248th ST SR-6 Commercial
Single-Family Community
2222059060 24230 132nd Ave SE SR-6 Commercial
Single Family Community
2222059102 24440 132nd Ave SE SR-4.5 Commercial
Single-Family Community
2222059071 24260 132nd Ave SE SR-6 Commercial
Single-Family Community
2222059046 SR-6 Commercial
Single-Family Community
2222059079 24240 132nd Ave SE SR-6 Commercial
Single-Family Community
1722059014 23435 104th Ave SE SR-6 Commercial/Mixed Use
Single-Family Garden Density
1722059222 23204 104th Ave SE SR-6 Multifamily
Single-Family Garden Density
1722059161 23201 104th Ave SE SR-6 Multifamily
Single-Family Garden Density
1722059077 23210 104th Ave SE SR-6 Multifamily
Single-Family Garden Density
1722059080 23105 104th Ave SE SR-6 Multifamily
Single-Family Garden Density
1722059008 23023 104th Ave SE SR-6 Multifamily
Single-Family Townhouse/Condo
0822059191 10605 SE 216th ST SR-6 MRT-16
Single-Family Townhouse/Condo
0822059015 10502 SE 216th St SR-6 MRT-16
Single-Family Townhouse/Condo
0822059098 SR-6 MRT-16
Single-Family Townhouse/Condo
0822059176 10712 SE 216th ST SR-6 MRT-16
Single-Family Townhouse/Condo
0822059081 21421 108th Ave SE SR-6 MRT-16
16 Amend KCC 15.04 -
Re: Zoning Change
Parcel Current Zoning Updated (New)
Number Site Address District Zoning District
Single-Family Townhouse/Condo
0822059217 21429 108th Ave SE SR-6 MRT-16
Single-Family Townhouse/Condo
0822059053 SR-6 MRT-16
Single-Family Townhouse/Condo
0822059078 21507 108th Ave SE SR-6 MRT-16
Single-Family Townhouse/Condo
0822059042 SR-6 MRT-16
Single-Family Townhouse/Condo
0822059114 SR-6 MRT-16
Single-Family Townhouse/Condo
0822059151 SR-6 MRT-16
Single-Family Townhouse/Condo
0822059150 10626 SE 216th ST SR-6 MRT-16
Single-Family Townhouse/Condo
0822059074 10604 SE 216th St SR-6 MRT-16
Garden Density Community
6623400251 10850 SE 196th St Multifamily Commercial/Mixed Use
Garden Density Community
6623400260 Multifamily Commercial/Mixed Use
Medium Density Community
6623400253 10860 SE 196th St Multifamily Commercial/Mixed Use
Garden Density Community
6623400153 11011 SE 192nd St Multifamily Commercial/Mixed Use
Garden Density Community
6623400246 10808 SE 196th St Multifamily Commercial/Mixed Use
Garden Density Community
6623400151 Multifamily Commercial/Mixed Use
Garden Density Community
6623400152 11029 SE 192nd St Multifamily Commercial/Mixed Use
Garden Density Community
6623400241 10810 SE 196th St Multifamily Commercial/Mixed Use
Garden Density Community
6623400150 Multifamily Commercial/Mixed Use
Medium Density Community
6623400166 19300 108th Ave SE Multifamily Commercial/Mixed Use
Medium Density Community
6623400244 19416 108th Ave SE Multifamily Commercial/Mixed Use
Medium Density Community
6623400245 19422 108th Ave SE Multifamily Commercial/Mixed Use
Garden Density Community
6623400240 19516 108th Ave SE Multifamily Commercial/Mixed Use
17 Amend KCC 15.04 -
Re: Zoning Change
Legal Invoice Date: 11/08/2024
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Kent Reporter
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Affidavit of Publication
State of Washington}
County of King } ss
Amanda Kahlke being first duty sworn, upon
oath deposes and says: that he/she is the legal
representative of the Kent Reporter a weekly
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The amount of the fee for such publication is
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Subscribed and sworn b}e�foorre mie onl this
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`� �L `,�,,�►tt1tt11tllr�r���
�s �N '•.�;` •4 OTARY
kmcy, ublic in and for the State of PUBLIC,
Washington.
Cay urK-N.O(p Ciro,:-LFc i L.ans i 4W J 143z i� q'.��M1/#1 .t,(
/-OF
t1111I1ltttllt,`
Classified Proof
CITY OF KENT
NOTICE OF PUBLIC
HEARINGS
KENT CITY COUNCIL
November 19,2024
7 p.m.
• Public Hearing on the
` 2044 Kent Comprehen-
sive Plan
Public Hearing Adopt-
ing and Updating SEPA
Categorical Exemptions
Public Hearing on
Various Rezones and
Zoning Code Changes
i to Implement the 2044
Comprehensive Plan
NOTICE IS HEREBY
GIVEN that the Kent City
Council will hold public
hearings on Tuesday
November 19,2024.at 7
p.m. to consider the
2044 Comprehensive
Plan; the SEPA Cate-
gorical Exemptions; and
Various Rezones and
Zoning Cede Changes
to Implement the 2044
Comprehensive Plan.
If you wish to present
testimony in person,
please sign up with the
City Clerk during the
rrsedng. Written public
testimony may be sub-
mitted in advance of the
meeting by regular U.S.
Mail to the City Clerk's
Office, 220 Fourth Ave-
flue South, Kent, WA
98032, or by electronic
mail to Crrcletknkent
wa.uov. Any advanced
written testimony must
be received no later than
4 p-m.on November 19,
2024,in order to be con-
sidered.
For further information
on these public hear-
ings, contact Kristen
Holdsworth at 253-M-
5428, or Khokfsworthrdt
kentxa.�ay.
Any person requiring a
disability accommoda-
tion should contact the
Proofed by Jennifer Tribbett, 10/23/2024 10:24:43 am Page:2
a
Classified Proof
i
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t
City Clerk's Office in ad-
vance at 25341156-5725.
For TTD relay service,
call fhe Washkoon
Teleeommunicatbris Re-
lay Service at 7-f-1.
Kimbert A.Ko mta
City Clark
I KEN11Qt)3 KeWdA.pov
11!®!24
i
Proofed by Jennifer Tribbett, 10/23(2024 10:24:43 am Page:3
Kent Reporter
Affldavit of Publication
CState of Washington}
County of King } ss
Amanda Kahlke being first duly swom, upon
oath deposes and says: that he/she is the legal
representative of the Kent Reporter a weekly
newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a weekly newspaper in
King County, Washington and is and always
has been printed in whole or part in the Kent
Reporter and is of general circulation .in said
County, and is a legal newspaper, in accordance
with the Chapter 99 of the Laws of 1921, as
amended by Chapter 213, Laws of 1941, and
approved as a legal newspaper by order of the
Superior Court of King County, State of
Washington, by order dated June 16, 1941, and
that the annexed is a true copy of KEN1006429
ORDS 4504- 4511 as it was published in the
regular and entire issue of said paper and not as
a supplement form thereof for a period of i
issue(s), such publication commencing on
12/13/2024 and ending on 12/13/2024 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amou bfiae for such publication is
S316.04.
Subscribed and sw before me on this
E3 day of
r � 2• s? � �y
L,tW4tic in and for the State of
Washington, pr, A •_�+��c���
Oly of Ke.t.City Clerk-LF.GALADS[G431432 //� ' •-•tiq'�\4�
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