HomeMy WebLinkAbout4508 ORDINANCE NO. 4508
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapters 11.03
and 15.04 of the Kent City Code to adopt
development review exemptions under the State
Environmental Policy Act (SEPA) to streamline the
review process for infill development in furtherance
of the goals and policies of the Comprehensive Plan,
and to adopt non-substantive amendments to
reorganize existing code provisions into a more
appropriate chapter in the Kent City Code.
RECITALS
A. The Washington State Environmental Policy Act (SEPA),
Chapter 43.21C RCW, sets forth environmental policy for Washington State
and requires that the likely impacts associated with governmental decisions
be analyzed and, where appropriate, mitigated. SEPA applies to state
agencies, counties, and municipal and public corporations. Government
decisions include issuing permits for development projects.
B. SEPA includes various categorical exemptions subject to the
rules and limitations on categorical exemptions contained in WAC 197-11-
305. The State amended SEPA during the 2023 Legislative Session to add
new categorical exemptions (RCW 43.21C.229), and thresholds for minor
new construction were also recently updated (WAC 197-11-800), both of
which were done in an effort to help encourage infill development. The new
1 Amend KCC 11.03 & 15.04 -
Re: SEPA Exemptions
categorical exemption to support infill development is an option available to
the City; it is not a requirement.
C. The Washington State Growth Management Act (GMA),
Chapter 36.70A RCW, requires state and local governments to manage
Washington's growth by designating urban growth areas to accommodate
development in urban areas and reduce sprawl and inappropriate conversion
of undeveloped land. The City of Kent is within a designated urban growth
area and has adopted a Comprehensive Plan to accommodate growth
pursuant to RCW 36.70A.140. The City has also adopted a Shoreline
Management Program, Critical Areas Ordinance, subarea plans, other
development regulations, and applicable state and federal regulations to
implement the Comprehensive Plan, SEPA, and GMA. Collectively, these
provisions adequately address the environmental analysis, protection, and
mitigation for impacts to elements of the environment for the development
activity exempted by the new infill exemption.
D. Through this ordinance, the City of Kent adopts the "infill and
housing development categorical exemption" pursuant to RCW 43.21C.229
to encourage infill and housing development in furtherance of the goals and
policies of its Comprehensive Plan, and revises the exemption applicable to
minor new construction that is not otherwise covered by the new infill
exemption. This ordinance also repeals existing code provisions, including
the City's Planned Action Ordinance, that would otherwise conflict with these
new exemptions and codifies elsewhere in the code those nonconflicting
provisions of the Planned Action Ordinance that must remain in effect and
relate to protection of archaeological sites and artifacts during development.
Finally, this ordinance relocates the requirements of onsite recreation and
noise mitigation measures for downtown development from the
environmental policy chapter of the Kent City Code in KCC 11.03.215, to
development standard conditions in KCC 15.04.190 and KCC 15.04.195. This
is not a substantive change in requirements, but is instead intended to
2 Amend KCC 11.03 & 15.04 -
Re: SEPA Exemptions
improve clarity and implementation since these are development standards
required by the City of Kent for downtown development, are not directly tied
to SEPA, and are more appropriately organized under Ch. 15.04 KCC instead
of KCC 11.03.215.
E. The City of Kent released a Draft Environmental Impact
Statement (Draft EIS) on June 14, 2024, which considered the proposed use
or density and intensity of use and analyzed multimodal transportation
impacts, including impacts to neighboring jurisdictions, transit facilities, and
the state transportation system. The Draft EIS included documentation that
the requirements for environmental analysis, protection, and mitigation for
impacts to elements of the environment have been adequately addressed
for future infill development to be exempt from further SEPA analysis. The
public comment period was from June 14, 2024 through July 15, 2024.
F. On October 11, 2024, the City provided a minimum of 60 days'
notice through a Notice of Intent to adopt 'SEPA Exemptions." It 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.
G. On November 8, 2024, the City of Kent issued the Final
Environmental Impact Statement (Final EIS) for the 2044 Kent
Comprehensive Plan Update, which details probable environmental impacts
and mitigation measures for the Comprehensive Plan's Preferred Growth
Alternative.
H. The City of Kent received a comment letter from WSDOT with
requests for notification of development within one-half mile of the
interchange of a state intersection. To achieve this goal, WSDOT's
preference was for all development within one-half mile of a WSDOT state
intersection to not be exempted. The City discussed these concerns with
3 Amend KCC 11.03 & 15.04 -
Re: SEPA Exemptions
i
WSDOT and resolved WSDOT's concerns by agreeing to send WSDOT Notice
of Application materials for all projects subject to noticing requirements.
I. After appropriate public notice, the Land Use and Planning
Board held a public hearing on November 12, 2024, and recommended the
City Council adopt amendments to Chapters 11.03 and 15.04 of the Kent
City Code to adopt categorial exemptions to SEPA review and downtown
development requirements as presented by staff. No public comments were
received. A second public hearing was also held before the City Council on
November 19, 2024. Again, no public comments were received.
1 Once this ordinance takes effect, City staff will consider each
development proposal individually to ensure it complies with the
requirements of SEPA and conforms to all applicable policies, plans, and
regulations. The City will only exempt government action related to
development that is consistent with all development regulations
implementing the Comprehensive Plan, with the exception of any
development regulation that is inconsistent with applicable provisions of
Chapter 36.70A RCW. In alignment with RCW 43.21C.229, the City will not
exempt government action related to development that is inconsistent with
the Comprehensive Plan or that would clearly exceed the density or intensity
of use called for in the Comprehensive Plan.
K. Having considered the record, the City Council has determined
that the City has fulfilled the environmental analysis and notice requirements
consistent with RCW 43.21C.229 and WAC 197-11-800, and it adopts this
ordinance to amend the Kent City Code in order to establish in Kent new
SEPA categorical exemptions. The City Council has also determined this
action is consistent with and would not adversely affect the public health,
safety, and 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:
4 Amend KCC 11.03 & 15.04 -
Re: SEPA Exemptions
ORDINANCE
SECTION 1. - Amendment - KCC 11.03.210, Section 11.03.210 of
the Kent City Code, entitled "Thresholds for categorical exemptions", is
amended as follows:
Sec. 11.03.210. Thresholds for categorical exemptions.
A The city establishes that development proposed to fill in an urban
_growth area is exempt from the requirements of Ch. 46.21C RCW as
provided for by this section and RCW 43.21C.299, if:
1. The development is either:
a. Residential development;
b. Mixed-Use development; or
C. Commercial (nonresidential) development up to 65,000
square feet excluding retail development.
2 The development is within an area where current density and
intensity is roughly equal to or lower than that called for in the goals and
policies of the City's Comprehensive plan.
B. The exemption provided for in subsection (A) of this section is
available only if the proposed development is found to be consistent with
the City's Comprehensive Plan and all applicable development regulations,
and the City determines any adverse environmental impact of the proposed
develoQment action is adequately addressed by existing development
regulations, other local planning documents, or local, state or federal law.
AC. The city establishes that the fell fellewing exerApt levels fer below minor
new construction as authorized by bindeF—WAC 197-11-800(1)(c), is
5 Amend KCC 11.03 & 15.04 -
Re; SEPA Exemptions
categorically exempt from the threshold determination and EIS
requirements of state law, subject to the rules and limitations on categorical
exemptions contained in WAC 197-11-305, based on local conditions;: €e-r
8G()(I)(e)! sixty (60) dwelling units eF less.
1. For agricultural structures in WAC 197-11-800(1)(c):
forty thousand (40,000) square feet or less.
4 2. For effiee, el,ee-nn9er lreereatienal, s ry ie eF
sterage-bui+dings retail development-in WAC 197-11-800(1)(c): buildings of
thirty thousand (30,000) square feet or less and ninety (90) or fewer parking
spaces.
3. For fill or excavations in WAC 197-11-800(1)(c): one
thousand (1,000) cubic yards or less.
D. If any of the following exceptions apply, then a development proposal
is not exempt from SEPA under section (A) or (C) of this section, and SEPA
review will be required:
6 Amend KCC 11.03 & 15.04 -
Re: SEPA Exemptions
1 The proposal includes other non-exempt activities (WAC 197-
11-305(1)(b));
2 The proposal is undertaken wholly or partly on lands covered
by water (WAC 197-11-800(1)(a)(i));
3 The proposal requires a non-exempt National Pollutant
Discharge Elimination System (NPDES) permit, including construction
stormwater general permits for sites of five (5) acres and above (WAC 197-
11-800(1)(a)(ii));
4 The proposal requires a non-exempt license governing
emissions to air (WAC 197-11-800(1)(a)(iii));
5 The proposal requires a land use decision that is not exempt
under WAC 197-11-800(6) (WAC 197-11-800(1)(a)(ivD
6 The proposal includes demolition of structures or facilities with
recognized historical significance such as a listing in a historic register (WAC
197-11-800(2)(g)); or
7 The proposal requires a Class IV forest practices approval (RCW
43.21C.037).
E. For exempt projects the city shall follow the following cultural
resource protection procedures:
1 In the event that a proposed development is proposed on or
immediately surrounding a site containing an archaeological resource, as
defined in Chapter 27.53 RCW, the potential impacts on the archaeological
resource shall be considered and if needed, a study conducted by a
professional archaeologist shall be required to be conducted at the
applicant's expense to determine whether the proposed development project
would materially impact the archaeological resource.
2 If the impacts on archaeological resources cannot be avoided,
the city shall require that an applicant obtain all appropriate permits
consistent with state and federal laws and that any required archaeological
7 Amend KCC 11.03 & 15.04 -
Re: SEPA Exemptions
studies are completed before permitting any project that would disturb
archaeological resourc (s) Under Chapter 27.53 RCW a permit must be
obtained from the state Department of Archaeology and Historic
Preservation (DAHP) prior to disturbing a known archaeological resource or
site The avoidance of archaeological resources through selection of project
alternatives and changes in design of project features in the specific area of
the affected resource(s) would eliminate the need for measuring or
mitigating impacts.
3 Developers and property owners shall immediately stop work
and notify the city, DAHP and affected tribes if archaeological resources are
uncovered during excavation Following such notification the city may
require implementation of subsections (E)(1) and (E)(2) of this section.
4 If impacts cannot be avoided on a historic resource that is
determined eligible for listing on either state or national historic registers,
the applicant shall consult with DAHP regarding mitigation options and shall
provide documentation of consultation to the city.
5 To include DAHP in the review of historic properties that may
be exempt the city will notify the State Historic Preservation Officer (SHPO)
regarding proposals involving eligible or designated historic properties
through the evaluation of proposals consistent with Chapter 12.01 KCC.
SECTION 2. - Amendment - KCC 11.03.215. Section 11.03.215 of
the Kent City Code, entitled "Categorical exemptions for residential mixed
use and residential infill development" is hereby repealed in its entirety.
SECTION 3. - Amendment - KCC 11.03,220. Section 11.03.220 of
the Kent City Code, entitled "Use of exemptions", is amended as follows:
Sec. 11.03.220. Use of exemptions.
8 Amend KCC 11.03 & 15.04 -
Re: SEPA Exemptions
A. Each department within the city that receives an application for a
license or, in the case of governmental proposals, the department initiating
the proposal, shall determine whether the license and/or the proposal is
exempt. The department's determination that a proposal is exempt shall be
final and not subject to administrative review. If a proposal is exempt, none
of the procedural requirements of this chapter apply to the proposal. The
city shall not require completion of an environmental checklist for an exempt
proposal.
B. In determining whether or not a proposal is exempt, the department
shall make certain the proposal is properly defined and shall identify the
governmental licenses required (WAC 197-11-060). If a proposal includes
exempt and nonexempt actions, the department shall determine the lead
agency, even if the license application that triggers the department's
consideration is exempt.
C. If a proposal includes both exempt and nonexempt actions, the city
may authorize exempt actions prior to compliance with the procedural
requirements of this chapter, except that:
1. The city shall not give authorization for:
a. Any nonexempt action;
b. Any action that would have an adverse environmental
impact; or
C. Any action that would limit the choice of reasonable
alternatives.
2. A department may withhold approval of an exempt action that
would lead to modification of the physical environment, when such.
modification would serve no purpose if nonexempt actions were not
approved; and
9 Amend KCC 11.03 & 15.04 -
Re: SEPA Exemptions
3. A department may withhold approval of exempt actions that
would lead to substantial financial expenditures by a private applicant when
the expenditures would serve no purpose if nonexempt actions were not
approved.
ngwxed
SECTION 4. - Amendment - KCC 15.04.190. Section 15.04.190 of
the Kent City Code, entitled "Commercial and industrial zone development
standards", is amended as follows:
10 Amend KCC 11.03 & 15.04 -
Re: SEPA Exemptions
i
i
Sec. 15.04.190. Commercial and industrial zone development standards.
Zoning Districts
r N
U w
z o o r2 U 0 _ N M a
10,000 10,000 5,000 5,000 7,500 7,500 sq 7,500 sq 10,000 10,000 10,000 15,000 15,000 1 acre
Minimum lot area: sq ft sq ft sq ft sq ft sq ft ft ft sq ft sq ft sq ft sq ft sq ft
square feet or acres,as (1) (66) (66)
noted (66)
Maximum site coverage:
40% 40% 100% 100% 80% 100% 80% 50% 40% 60% 65% 75% 60%
percent of site
Minimum yard
requirements:feet
Front yard 10 ft 15 ft (2) (3) 20 ft (68) 20 ft 15 ft 20 ft 15 ft 15 ft 25 ft (5)
(8) (9) (2) (3) (68) (68) (68) (10) (10) loft loft 15 ft (12)
Side yard (10) (10) (10)
11 Amend KCC 11.03& 15.04-
Re:SEPA Exemptions
Zoning Districts
N
Z V o 0 r N M Q
Side yard on flanking 15 It 15 ft 20 ft
street of corner lot
(8) 20 ft (2) (3) (68) (68) (68) (19) (19) (20) (20) (20) (20)
Rear yard (19) (19) (19) (2) (21) (21) (21)
Yards,transitional (24) (24) F(24) (24)
conditions
Additional setbacks (29) (29) (29) (29)
2 stry/ 3 stry/ 4 stry/ (32) 7 16 16 2 stry/ 2 stry/ 8 stry/85 8 stry/85 8 stry/85 2 stry/
Height limitation:in 35 ft 40 ft 60 ft stry/65 stry/200 stry/200 35 ft 35 ft ft ft ft 35 ft
stories/not to exceed in (30) ft ft ft (30) (30) (35)
feet (69) (70) (70)
(70)
Landscaping The landscaping requirements of Chapter 15.07 KCC shall apply.
(52) (52)
12 Amend KCC 11.03& 15.04-
Re:SEPA Exemptions
Zoning Districts
N
U W U U
Z U C) U 0 - N M Q
(39) (39) (40) (40) 15%of 30%of 50%of (43)
(41) site area site area site area
Outdoor storage
(43) (43) (43)
(44) (44) (45)
The sign regulations of Chapter 15.06 KCC shall apply.
Signs
Vehicle drive-through, (46) (46) (46) (46) (46) (46) (46) (46) (46) (46)
drive-in,and service
bays
(47) (47) (47) (47)
Loading areas (48) (48) (48)
Off-street parking The off-street parking requirements of Chapter 15.05 KCC shall apply.
(57) (57) (57) (57) (57) (57) (57) (57)
13 Amend KCC 11.03& 15.04-
Re:SEPA Exemptions
Zoning Districts
r N
i
Z U U 0 r N M Q
(4)(11) (31) (31) (71) (71) (71) (4)(72) (4)(11) (73) (73) (73)
(15) (15)
Design review (72)
(50) (50) L51 fQ (50) (50) (50) (50) (50) (50) (50) (50) (50)
(56) (56) (M, M (56) (56) (56) (56) (56) (54) (54) (54) (53)
(62) (50) (50) (55) (55) (55) (54)
Additional standards (63) (56) (56) (56) (56) (56) (55)
(64) (67) (59) (59) (59) (56)
(65) (63) (63) (63) (59)
(16)
14 Amend KCC 11.03& 15.04-
Re:SEPA Exemptions
SECTION 5. - Amendment - KCC 15.04.195. Section 15.04.195 of
the Kent City Code, entitled "Commercial and industrial land use
development standard conditions", is amended as follows:
Sec. 15.04.195. Commercial and industrial land use
development standard conditions.
1. Minimum lot of record or 5,000 square feet, whichever is less.
2. None, except as required by landscaping, or if off-street
parking is provided onsite. See the downtown design review criteria outlined
in KCC 15.09.046.
3. No minimum setback is required. If a rear and/or side yard
abuts a residential district, a 20-foot setback may be required for any yard
abutting a residential district. See the downtown design review criteria
outlined in KCC 15.09.046.
4. Independent senior living facilities, assisted living facilities, and
residential facilities with health care are subject to the requirements of KCC
15.09.045(D) for multifamily design review, unless they are 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.
5. The followi private onsite recreation and open
space requirements shall apply:
a. Each proposal shall provide private onsite recreation and
open space for leisure,, play, and sport activities at a ratio of two hundred
(200) square feet per dwelling unit.
b. Each residential or mixed-use development is required
to provide the private onsite recreation and open space in one (1) or more
of the following arrangements:
i. An individual balcony or screened patio for each unit.
15 Amend KCC 11.03 & 15.04 -
Re: SEPA Exemptions
ii. Small shared courtyards and a furnished children's
play area.
iii. Roof-top open space - roof garden or game court.
C. The private onsite recreation and open space proposed
by the applicant shall be approved by the planning director.
6. Development shall comply with Ch. 8.05 KCC and
the following noise mitigation measures:
a. To address traffic and transit noise, the city may, at its
discretion require new residential development to install triple-pane glass
windows or other building insulation measures using its authority under the
Washington State Energy Code (KCC 14.01.010).
7. [Reserved].
8. No side or rear yard is required, except when abutting a district
other than NCC, in which case the yard shall be not less than five feet in
width; provided, however, that if the abutting district or use is residential,
then the yard shall be 10 feet in width and fully landscaped.
9. No side yard is required, except when abutting a more
restrictive district, in which case the side yard shall be not less than 20 feet
in width.
10. No side yard is required, except when abutting a residential
district, in which case the side yard shall be not less than 20 feet in width.
11. All projects along Meeker Street from 64th Avenue South to
Kent-Des Moines Road are subject to KCC 15.09.046 for downtown design
review.
12. [Reserved].
13. [Reserved].
14. [Reserved].
15. Design review for mixed use development is required as
provided for in KCC 15.09.045(F); see KCC 15.04.200 for mixed use
development standards.
16 Amend KCC 11.03 & 15.04 -
Re: SEPA Exemptions
16. In the I1 zoning district only, the following dock-high door to
building footprint square footage ratios shall apply, and shall be cumulative
such that first tier applies to the first 30,000 square feet of larger buildings,
the second tier applies to the square footage above 30,000 square feet and
below 100,000 square feet, and so on. Square footage refers to the building
footprint; each building shall be allotted a number of doors available based
on size of building and presence of enhanced options within the project.
Enhanced options are described in the industrial design guidelines adopted
in KCC 15.09.047. Allotted doors may be reapportioned amongst any
building within the project after the total project allotment has been
determined. Decimals shall be rounded up.
Building Footprint Possible Building Number of Applicable Total Doors
Square Footage Tier Footprint Square Enhanced Options Ratio Available per
Footage Available in Project Tier
1 0—30,000 sf Up to 30,000 sf Any 1:3,000 sf Up to 10
2 30,000 sf to Up to 70,000 sf 0 1:15,000 sf Up to 5
100,000 sf
1 1:10,000 sf Up to 7
2 or more 1:7,500 sf Up to 9
3 100,000 sf to Up to 100,000 sf 0 or 1 1:20,000 sf Up to 5
200,000 sf
2 1:15,000 sf Up to 7
3 or more 1:10,000 sf Up to 10
4 200,000 sf or No cap 0 or 1 1:30,000 sf No cap
more
2 1:20,000 sf
3 1:15,000 sf
4 or more 1:10,000 sf
17. [Reserved].
18. [Reserved].
17 Amend KCC 11.03 & 15.04 -
Re: SEPA Exemptions
19. No rear yard is required, except when abutting a residential
district, in which case the rear yard shall be not less than 20 feet in width.
20. No rear yard is required, except as may be required by other
setback provisions of this section.
21. No rear yard is required, except as may be required by
transitional conditions.
22. [Reserved].
23. [Reserved].
24. Transitional conditions shall exist when an AG, I1 or I3 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, freeway, railway 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 between the
uses.
25. [Reserved].
26. [Reserved].
27. [Reserved].
28. [Reserved].
29. Development 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 state Shoreline Management Act of
1971, and shall be no more or less restrictive than the Shoreline
Management Act.
30. The economic and community development director shall be
authorized to grant one additional story in height, if during development
18 Amend KCC 11.03 & 15.04 -
Re: SEPA Exemptions
plan review it is found that this additional story would not detract from the
continuity of the area. More than one additional story may be granted by
the land use and planning board.
31. The downtown design review requirements of KCC 15.09.046
shall apply.
32. No maximum height limit is required, except for parcels located
within a downtown commercial enterprise - transitional overlay (DCE-T),
where the height limit is 35 feet. See also the downtown design review
criteria outlined in KCC 15.09.046.
33. [Reserved].
34. [Reserved].
35. 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
one foot of additional building height. The economic and community
development director shall be authorized to approve one additional story,
provided such height does not detract from the continuity of the area, and
may impose such conditions as may be necessary to reduce any
incompatibility with surrounding uses. Any additional height increase may
be granted by the land use and planning board.
36. [Reserved].
37. [Reserved].
38. [Reserved].
39. Outdoor storage areas are prohibited.
40. Outdoor storage areas shall be fenced for security and public
safety by a sight-obscuring fence unless it is determined through the
development plan review that a sight-obscuring fence is not necessary.
41. Any unfenced outdoor storage areas shall be paved with
asphaltic concrete, cement, or equivalent material to be approved by the
city engineer.
42. [Reserved].
19 Amend KCC 11.03 & 15.04 -
Re: SEPA Exemptions
43. 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.
44. Outside storage or operations yards shall be confined to the
area to the rear of a line which is an extension of the front wall of the
principal building, and shall be reasonably screened from view from any
street by appropriate walls, fencing, earth mounds, or landscaping.
45. Outside storage or operations areas shall be fenced for security
and public safety at the property line.
46. Wherever 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.
47. Truck courts and loading areas must be located in such a
manner that no loading, unloading, or maneuvering of trucks associated
therewith takes place on public rights-of-way.
48. Earth berms and landscaping shall be provided along street
frontages as necessary to screen dock-high loading areas from public rights-
of-way. Berms shall be a minimum of 36 inches and a maximum of 42 inches
in height. Landscaping located on the berm shall conform to Type III
landscaping as described in KCC 15.07.050.
49. [Reserved].
50. Development plan approval is required as provided in KCC
15.09.010.
51. [Reserved].
52. Where building walls face adjacent streets and are
unfenestrated for more than 40 feet at any point along the facade, additional
20 Amend KCC 11.03 & 15.04 -
Re: SEPA Exemptions
landscaping shall be required to reduce visual impacts. In such
circumstances, Type II landscaping, as defined in KCC 15.07.050, shall be
required; provided, that evergreen trees shall be at least 10 feet in height
and deciduous trees shall be a minimum of two-inch caliper at the time of
planting.
53. [Reserved].
54. Multitenant buildings shall be permitted.
55. All required yards, parking areas, storage areas, operations
yards, and other open uses on the site shall be maintained in a neat and
orderly manner appropriate for the district at all times. The economic and
community development director shall be authorized to reasonably pursue
the enforcement of this subsection where a use is in violation, and to notify
the owner or operator of the use in writing of such noncompliance. The
property owner or operator of the use shall be given a reasonable length of
time to correct the condition.
56. The performance standards as provided in KCC 15.08.050 shall
apply.
57. Off-street parking may be located in required yards except in
areas required to be landscaped.
58. [Reserved].
59. Development within 500 feet of 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
21 Amend KCC 11.03 & 15.04 -
Re: SEPA Exemptions
i
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 easements shall be no less than 20 feet
wide.
d. All public access points shall have standard city of Kent
signage indicating trail access.
e. No street connections to scenic and recreational roads
shall be permitted unless no other vehicle access is practical.
f. Additional requirements for buildings in Regional Trail
Corridors with footprint areas greater than 75,000 square feet are included
in KCC 15.09.047, Industrial design review.
60. [Reserved].
61. [Reserved].
62. Parking should be located either next to or behind the building.
Parking should not be placed between the street and the building.
63. A direct pedestrian connection shall be provided from the street
to the building at intervals of no more than 500 feet. If the property abuts
a public park or trail a direct pedestrian connection shall be provided from
the park or trail to the building.
64. Screening by either an enclosure and/or evergreen landscaping
shall be provided for mechanical equipment, service doors, and garbage
areas. Rooftop equipment shall be enclosed with a parapet or similar design
feature.
65. Structures shall be designed to maintain the residential
character of the surrounding neighborhood. Modulating the building mass,
adding dormer windows, covered entryways, or porches are ways to
enhance the human scale and provide a residential dimension to structures.
66. Minimum lot area requirements do not apply to multifamily
development in the Kent downtown planning area identified in KCC
15.09.046.
22 Amend KCC 11.03 & 15.04 -
Re: SEPA Exemptions
67. Within the downtown commercial enterprise-transitional
overlay (DCE-T), downtown design review guidelines regarding balconies
and/or upper floor setbacks (sections III.B and III.C) are required elements,
not optional elements.
68. No yard, except as required by landscaping, or if surface
parking is provided onsite. See the Midway Design Guidelines and KCC
15.09.045.
69. The height limitation of new construction in MTC-1 zoning
district abutting a residential district shall be 35 feet in height within 20 feet
from the residential district and 45 feet in height within 40 feet from the
residential district.
70. New construction shall conform to applicable Federal Aviation
Administration regulations, including 14 C.F.R. Part 77, as presently
constituted or as may be subsequently amended.
71. The transit-oriented community design review requirements of
KCC 15.09.045(G) shall apply.
72. Transitional housing with three or more families outside of
downtown is subject to multifamily design review as provided in KCC
15.09.045(D).
73. Development in the I1, I2, and I3 districts shall be subject to
KCC 15.09.047, Industrial design review.
SECTION 6. - 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 7. - 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
23 Amend KCC 11.03 & 15.04 -
Re: SEPA Exemptions
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION S. - Effective Date. This ordinance shall take effect and be
in force thirty days from the time of final passage, as provided by law.
December 10, 2024
DANA RALPH, MAY R Date Approved
ATTEST:
JAi I A �1 0 December 10, 2024
&L11 o LA
KIMBERLEY A OM TO, CI ERK Date Adopted
December 13, 2024
Date Published
APPIR9VED AS TO FORM:
AM WHITE, CITY ATTORNEY
J
24 Amend KCC 11.03 & 15.04 -
Re: SEPA Exemptions
i
Kent Reporater
i
Affidavit of Publication
State of Washington}
County of King } ss
Amanda Kahlke being first duly sworn, 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
i 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 KEN 1003206
PH COMP PLN as it was published in the
regular and entire issue of said paper and not as
a supplement form thereof for a period of 1
issue(s), such publication commencing on
11/08/2024 and ending on 11/08/2024 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
S 126.91.
1
I
Subscribed and sworn before me on this
day of �,
f C L
�� •4 NOTARY �;
LW,r./blic in and for the State of pUBLlG
zr
Washington.
City u1Kent.City CIc,k-LEGAL A DSi iO43l4)_'_ '/���,tyj�',,� �/M its1 `�[�,{•` `�\�\
KIhI KODIOTO It
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