HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 10/14/2019 (2)
Unless otherwise noted, the Land Use and Planning Board meets at 7 p.m. on the second
and fourth Mondays of each month in the Kent City Hall, Council Chambers East, 220 Fourth
Avenue South, Kent, WA 98032.
For additional information please contact Tanya Kosen at 253-856-5461, or email Tanya
Kosen at TKosen@KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay
Service at 7-1-1.
Land Use and Planning Board
Agenda
Board Members: Paul Hintz, Chair
Katherine Jones, Vice Chair - Gwen Allen-Carston - Shane Amodei
- Frank Cornelius - Dale Hartman - Ali Shasti
Monday, October 14, 2019
7:00 p.m.
Item Description Action Speaker Time
1. Call to Order Chair 01 MIN.
3. Approval of September 9, 2019
Minutes
YES Chair 05 MIN.
4. Changes to the Agenda Chair 01 MIN.
5. Ordinance Amending Chapter
15.09 KCC and the 2009 Design
and Construction Standards
(Naden Relocation and Street
Standards) - Adopt
YES Hayley Bonsteel 10 MIN.
6. Adult Family Homes Zoning Code
Amendment
YES Erin George 20 MIN.
7. Adjournment Chair 01 MIN.
Page 1 of 2
Approved
Land Use and Planning Board
Land Use Regular Meeting
Minutes
September 9, 2019
Date: September 9, 2019
Time: 7:00 p.m.
Place: Chambers
Attending: Paul Hintz, Chair
Katherine Jones, Vice Chair
Gwen Allen-Carston,
Shane Amodei,
Frank Cornelius,
Dale Hartman,
Ali Shasti
Agenda:
1. Call to Order 7:00 p.m.
2. Roll Call
Attendee Name Title Status Arrived
Paul Hintz Chair Excused
Katherine Jones Vice Chair Present
Gwen Allen-Carston Present
Shane Amodei Present
Frank Cornelius Present
Dale Hartman Present
Ali Shasti Present
3. Changes to the Agenda
None
4. Approval of Minutes dated August 26, 2019
MOTION: Move to approve the Minutes dated August 26, 2019
RESULT: APPROVED [UNANIMOUS]
AYES: Jones, Allen-Carston, Amodei, Cornelius, Hartman, Shasti
EXCUSED: Hintz
5. Adult Family Homes Zoning Code Amendment
Erin George delivered a presentation about potential changes to the Zoning
Code relating to adult family homes (as defined by the State) or group
homes (as defined in Kent’s code). Ms. George outlined the current code and
the problems with it, citing complaints staff have received from the public
about some existing group homes, potential health and safety concerns and
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Land Use and Planning Board Land Use Regular
Meeting
Minutes
September 9, 2019
Kent, Washington
Page 2 of 2
neighborhood impacts. She outlined the changes she is suggesting which
would bring our definitions and policies more in line with the State’s and
ensure their existing licensing and inspection requirements for adult family
homes are met in Kent. There was a lot of discussion regarding the state of
these facilities and how the inspection process works. There was interest
from the Board in requiring more frequent inspections, but that would
generate the need for City inspection staff, which is not currently in the
budget.
6. Housing Grant
Hayley Bonsteel delivered a presentation on the Housing Grant created by
the State legislature under HB1923. Ms. Bonsteel gave an outline of how the
money can be spent, including land use actions or a housing plan; the
current direction is to apply for funding for a housing plan. Some of the
money would be used to collaborate with other South King County cities on
data collection and a broad subregional framework; the rest would be spent
on an individual Housing Plan for the City of Kent. The grant application is
due at the end of September, and if awarded, funding could be spent through
second quarter 2021. The item will come back before LUPB if funding is
awarded for input on scope.
7. Adjournment 8:00 p.m.
Tanya Kosen
Committee Secretary
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LAND USE AND PLANNING BOARD
220 Fourth Ave S
Kent, WA 98032
DATE: October 14, 2019
TO: Land Use and Planning Board
FROM: Economic and Community Development
SUBJECT: Ordinance Amending Chapter 15.09 KCC and the 2009 Design
and Construction Standards (Naden Relocation and Street
Standards) - Adopt
MOTION: Adopt Ordinance No. ______ amending Chapter 15.09 of the Kent
City Code and the 2009 Design and Construction Standards to clarify
applicability of standards and establish a street design standard for future
relocation of Naden Avenue.
SUMMARY: In the early 2000s, the City began acquiring property along Naden
Avenue for an envisioned City-owned parks facility. Acquisition began in 2003 and
was nearly complete by 2007. The plans for the parks facility were abandoned as a
result of the recession of 2008. In 2016, after a public hearing, the Council
determined the property it had acquired to be surplus, and has taken steps to
market the property. As the City prepares for this sale and anticipates development
in the area, staff expects Naden Avenue will be rebuilt in conjunction with this
work. Staff recently reviewed the City’s adopted regulations for downtown and
discovered ambiguity about what standards would apply to rebuilding this street. A
few other ambiguities and oversights in the downtown standards were discovered
during this review and it was determined those issues should be remedied.
This ordinance will clarify the street standards by adding a new detail for Naden
Avenue South to the City’s adopted 2009 Design and Construction Standards. The
ordinance will also clarify City expectations for other downtown development by
adding cross references between three sets of adopted standards that relate to
infrastructure improvements in downtown Kent. These include the 2009 Design and
Construction Standards, the 2014 Downtown Design Guidelines, and the 2017 Meet
Me on Meeker Standards. Finally, this ordinance will amend the 2009 Design and
Construction Standards to allow latecomer agreements for street improvements.
Latecomer agreements allow developers who build infrastructure improvements
that benefit their and other nearby properties to recoup some of the construction
costs from other property owners when those properties later develop and benefit
from those previously constructed improvements. The City has long allowed
latecomers agreements for sewer and water main extensions, and it appears that
excluding streets from reference in the Design and Construction Standards was an
oversight that should be corrected.
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Staff presented these changes at the Land Use and Planning Board’s October 14th
public hearing, and the Board recommended the ordinance’s adoption.
BUDGET IMPACT: None
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure
ATTACHMENTS:
1. Naden Relocation and Meet Me on Meeker Adoption-Development Standard-
LUPB 10.14.2019 (PDF)
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ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE
Kurt Hanson, Economic and Community Development Director
220 Fourth Avenue S,
Kent, WA 98032
253-856-5454
DATE: October 14, 2019
TO: Land Use and Planning Board
FROM: ECD
SUBJECT: Adult Family Homes Zoning Code Amendment
MOTION: Recommend City Council approve the code amendment for Adult
Family Homes as presented by staff.
SUMMARY: A variety of housing arrangements are protected under state and
federal law, particularly those requiring care, such as elderly or disabled individuals.
State law (RCW 70.128.140) requires adult family homes to be allowed in all areas
zoned for residential or commercial use. Such facilities require a state license, are
limited to no more than 6 residents and require inspections every 18 months.
Currently, Kent addresses this law by allowing what we call “Class I Group Homes,”
divided into Class I-A (max 6 residents) and Class I-B (max 10 residents). Class I-A
are allowed in all residential and commercial zones to comply with state law. Class
I-B are only allowed in multi-family and commercial zones. However, our definition
is broader and also includes “other groups,” resulting in some homes which do not
require a state license.
We have received complaints that some group homes in Kent are operating with
substandard living conditions and may in fact be boarding homes or room rental
situations operating under the guise of a group home. Additionally, some homes are
renting extra rooms as short-term rentals on internet platforms such as AirBnB,
sometimes resulting in neighborhood parking complaints. Following research and
consultation with Legal, staff believes a Zoning Code amendment is needed to
better define these various uses, prevent multiple uses in the same home, ensure
safe and healthy facilities and limit neighborhood impacts.
The attached draft ordinance proposes the following changes to the Zoning Code:
Group Homes and Adult Family Homes:
1) Reference the state definition of “adult family home” within the Class I Group
Homes definition and remove the phrase “other groups;”
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2) Delete the Class I-B Group Homes classification to prevent larger group
homes;
3) Define the term “provider;”
4) Require a City business license and proof of any required state license;
5) Prohibit other residential uses from operating on the same parcel as a group
home, such as a communal residence or short-term rental (discussed below);
6) Allow ADU’s on the site of group homes only if used as part of the operation
of the group home and not to be leased or sub-leased to a separate family;
7) Limiting family members of a group home provider to spouse and children
only.
Boarding Homes and Short-Term Rentals:
1) Change the term “boarding or lodging home” to “short-term rental” with
similar definition but limit rentals to 30 consecutive nights;
2) Require a City business license;
3) Require compliance with a new state law for short-term rentals (RCW 64.37);
4) Maximum of 3 rooms in a home can be offered for short-term rental;
5) Require an owner or non-transient tenant to live there 6 months per year.
Long-Term Rentals:
1) Add and define a new use category called “Communal Residences;”
2) Limit to 3 rooms being leased or sub-leased;
3) Require a City business license;
4) Require rooms to have adequate space, light, electricity, emergency egress,
smoke detectors and access to adequate sanitation and eating facilities;
5) Reduce the number of un-related individuals considered a “family” from 6 to
4.
Staff will be available at the hearing to present information and answer questions.
BUDGET IMPACT: None
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Thriving City
ATTACHMENTS:
1. Adult Family Homes Draft Ordinance (PDF)
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1 Amend KCC ________ -
Re: ________________
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending sections
___________________, ____________________,
and ___________________ of the Kent City Code,
relating to ________________________, in order
to _____________________________________.
RECITALS
A.
B.
C.
D.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Amendment – KCC 15.02.055. Section 15.02.055 of
the Kent City Code, entitled “Boarding or lodging home,” is amended as
follows:
Sec. 15.02.055. Boarding or lodging homeShort-term rental.
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2 Amend KCC ________ -
Re: ________________
Boarding or lodging homeShort-term rental means a dwelling or part
thereof, other than a motel or hotel, where lodging, with or without meals,
is provided, for compensation, for fewer than thirty consecutive nights not
more than three (3) persons.
SECTION 2. – New Section - KCC 15.02.073.1. Section 15.02.073.1
of the Kent City Code is created as follows:
Sec. 15.02.073.1. Communal residence.
Communal residence means a business operated out of a single-
family residential home with or without an owner occupant residing therein,
where the residential home, or portions thereof, are rented to residential
tenants through separate, unrelated lease or rental agreements. The fact
that the individuals rent the residence or a portion thereof through separate,
unrelated lease or rental agreements shall be prima facie evidence that the
individuals are unrelated, not living as a single housekeeping unit, and do
not meet the definition of “family” per KCC 15.02.135. Group homes and
boarding homes are not communal residences.
SECTION 3. – 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 (2) or more persons related by blood,
marriage, or state registered domestic partnership under Chapter 26.60
RCW; a group of two (2) 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 group of six (6) four (4) or
fewer residents, who are not related by blood, marriage, or state registered
domestic partnership under Chapter 26.60 RCW, living together as a single
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3 Amend KCC ________ -
Re: ________________
housekeeping unit.; or a group living arrangement where six (6) or fewer
residents receive supportive services such as counseling, foster care, or
medical supervision at the dwelling unit by resident or nonresident staff,
excluding Class II and III group homes.
SECTION 4. – Amendment – KCC 15.02.173. Section 15.02.173 of
the Kent City Code, entitled “Group Home,” is amended as follows:
Sec. 15.02.173. Group home.
A. Class I group home. Class I group home means publicly or privately
operated residential facilities such as including state-licensed adult family
homes as defined by RCW 70.128.010, state-licensed foster-family homes
and group homes for childrenas defined by RCW 74.15.020(e); group homes
for individuals who are developmentally, physically, or mentally disabled;
and group homes or halfway houses for recovering alcoholics and former
drug addicts. ; and other groups not considered within class II or III group
homes.
1. Group home, class I-A. A class I-A group home shall have a
maximum of six (6) residents not including providers resident staff.
2. Group home, class I-B. A class I-B group home shall have a
maximum of ten (10) residents including resident staff.
B. Class II group home. Class II group home means publicly or privately
operated residential facilities for juveniles under the jurisdiction of the
criminal justice system. These homes include state-licensed group care
homes or halfway homes for juveniles which provide residence in lieu of
sentencing or incarceration, and halfway houses providing residence to
juveniles needing correction or for juveniles selected to participate in state-
operated work release and pre-release programs. The planning director shall
have the discretion to classify a group home proposing to serve juveniles
convicted of the offenses listed under class III group home in this section as
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4 Amend KCC ________ -
Re: ________________
a group home class III, and any such home shall be sited according to the
regulations contained within the group III classification.
1. Group home, class II-A. A class II-A group home shall have a
maximum of eight (8) residents including resident staff.
2. Group home, class II-B. A class II-B group home shall have a
maximum of twelve (12) residents including resident staff.
3. Group home, class II-C. A class II-C group home shall have a
maximum of eighteen (18) residents including resident staff.
C. Class III group home. Class III group home means privately or
publicly operated residential facilities for adults under the jurisdiction of the
criminal justice system who have entered a pre- or post-charging diversion
program, or been selected to participate in state-operated work/training
release or other similar programs as provided in Chapters 137-56 and 137-
57 WAC. Such groups also involve individuals who have been convicted of a
violent crime against a person, or a crime against property with a sexual
motivation and convicted or charged as a sexual or assaultive violent
predator. Secure community transition facilities are considered class III
group homes. Secure community transition facilities shall have a maximum
of three (3) residents, excluding resident staff, unless the state agency
proposing to establish and operate the facility can demonstrate that it has
equitably distributed other secure community transition facilities with the
same or a greater number of residents in other jurisdictions or communities
throughout the entire geographic limits of King County.
SECTION 5. – New Section - KCC 15.02.335.01. Section
15.02.335.01 of the Kent City Code is amended by adding a new section to
read as follows:
Sec. 15.02.335.01 Provider.
Provider means one of the following:
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Re: ________________
(1) Any person, as defined by RCW 70.128.010(9), that is licensed
to operate an adult family home;
(2) Any person, firm, partnership, association, corporation, or
facility as defined by RCW 74.15.020(1), that is licensed to care
for children, expectant mothers, or persons with developmental
disabilities; or
(3) Any person or legal entity that operates a halfway house or
group home for recovering alcoholics or drug addicts.
SECTION 6. – Amendment – KCC 15.04.020. Section 15.04.020 of
the Kent City Code, entitled “Residential land uses,” is amended as follows:
[See Following Page]
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6 Amend KCC____________
Re: ___________________
Sec. 15.04.020. Residential land uses.
Zoning Districts
Key
P = Principally
Permitted Uses
S = Special Uses
C = Conditional
Uses
A = Accessory
Uses
A-10
AG
SR
-1
SR
-3
SR
-4.
5
SR
-6
SR
-8
MR
-D
MR
-T1
2
MR
-T1
6
MR
-G
MR
-M
MR
-H
MH
P
NC
C
CC
DC
DC
E
MT
C
-1
MT
C
-2
MC
R
CM
-1
CM
-2
GC
M1
M1
-C
M2
M3
One single-family
dwelling per lot
P P P P P P P P P P P P P P A
(1)
A
(1)
A
(1)
A
(1)
One duplex per
lot
P
(27)
P
(27)
P
(27) P
One modular
home per lot
P P P P P P P P P P P P
Duplexes P
(27)
P
(27)
P
(27)
P
(22)
P P P P P
Multifamily
townhouse units
P
(27)
P
(27)
P
(27)
P
(19)
(20)
P
(19)
(20)
P P P P
(2)
P
(4)
C
(5)
P P P P P
(2)
Multifamily
dwellings
P
(26)
P
(26)
P P P P
(2)
P
(4)
C
(5)
P P P P P
(2)
Mobile homes
and
manufactured
homes
P
Mobile home
parks
P
(13)
P
(13)
P
(13)
P
(13)
P
(13)
P
(13)
P
Group homes
class I-A
P
(3
2)
P
(32
)
P
(32
)
P
(32
)
P
(32
)
P
(32
)
P
(32
)
P
(32
)
P
(32
)
P
(32
)
P
(32
)
P
(32
)
P
(32
)
P
(32
)
P
(32
)
P
(32
)
P
(32
)
CP
(32
)
P
(32
)
P
(32
)
P
(32
)
P
(32
)
CP
(32
)
Group homes
class I-B
P P
P P P P P P P P C P P C C C
Group homes
class II-A
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
Group homes
class II-B
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
Group homes
class II-C
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
C
(32
)
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7 Amend KCC____________
Re: ___________________
Zoning Districts
Key
P = Principally
Permitted Uses
S = Special Uses
C = Conditional
Uses
A = Accessory
Uses
A-10
AG
SR
-1
SR
-3
SR
-4.
5
SR
-6
SR
-8
MR
-D
MR
-T1
2
MR
-T1
6
MR
-G
MR
-M
MR
-H
MH
P
NC
C
CC
DC
DC
E
MT
C
-1
MT
C
-2
MC
R
CM
-1
CM
-2
GC
M1
M1
-C
M2
M3
Group homes
class III
C
(23)
(32)
C
(23)
(32)
C
(23)
(32)
C
(23)
(32)
C
(23)
(32)
C
(23)
(32)
C
(23)
(32)
C
(23)
(32)
C
(23)
(32)
C
(23)
(32)
Secure
community
transition
facilities23. 24
Communal
residences
P
(3
3)
P
(33
)
P
(33
)
P
(33
)
P
(33
)
P
(33
)
P
(33
)
P
(33
)
P
(33
)
P
(33
)
P
(33
)
P
(33
)
P
(33
)
P
(33
)
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8 Amend KCC____________
Re: ___________________
Rebuild/
accessory uses
for existing
dwellings
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
Transitional
housing
P
(29)
P
(29)
P
(29)
P
(2)
P
(4)
C
(5)
P P P P P
(7)
C
(30)
P
(7)
C
(30)
Rooming and
boarding of not
more than three
personsShort-
term rentals
A
(34
)
A
(34
)
A
(34
)
A
(34
)
A
(34
)
A
(34
)
A
(34
)
A
(34
)
A
(34
)
A
(34
)
Farm worker
accommodations
A
(17)
A
(9)
A
(17)
Accessory uses
and structures
customarily
appurtenant to a
permitted use
A A A
(8)
(18)
A
(8)
(18)
A
(8)
(18)
A
(8)
(18)
A
(8)
(18)
A
(18)
A
(18)
A
(18)
A
(18)
A
(18)
A
(18)
A A A A A A A A A A A A A A
Accessory
dwelling units
and guest
cottages
A
(8)
(10)
A
(8)
(10)
A
(8)
(10)
A
(8)
(10)
A
(8)
(10)
A
(8)
(10)
A
(8)
(10)
A
(8)
(10)
A
(8)
(10)
A
(8)
(10)
A
(8)
(10)
A
(8)
(10)
A
(8)
(10)
A
(8)
(10)
Accessory living
quarters
A
(14)
A
(14)
A
(14)
A
(14)
A
(14)
A
(14)
A
(14)
A
(14)
A
(14)
A
(14)
A
(14)
A
(14)
A
(14)
A
(14)
Live-work units
P
(28)
Home
occupations
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
Service buildings
A
Storage of
recreational
vehicles
A
(16)
A
(16)
A
(16)
A
(16)
A
(16)
A
(16)
A
(16)
A
(16)
A
(16)
A
(16)
A
(16)
A
(16) A
Drive-in churches
C C C C C C C C C C C C C C C C C C C C C C C C C C
Emergency
housing;
emergency
shelter
C
(31)
C C C C C C C C C C C C C C
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9 Amend KCC____________
Re: ___________________
Independent
senior living
facilities
C C C C C P
(29)
P
(29)
P
(29)
P
(2)
C
(3)
P
(4)
C
(5)
P P P P C C P
(2)
C
(3)
Assisted living
facilities
C C C C C P
(29)
P
(29)
P
(29)
P
(2)
C
(3)
P
(4)
C
(5)
P P P P C C P
(2)
C
(3)
Residential
facilities with
health care
C C C C C P
(29)
P
(29)
P
(29)
P
(2)
C
(3)
P
(4)
C
(5)
P P P P C C P
(2)
C
(3)
Designated
manufactured
home
P
(25)
P
(25)
P
(25)
P
(25)
P
(25)
P
(25)
P
(25)
P
(25)
P
(25)
P
(25)
P
(25)
P
(25)
P
(25)
[End of Section 15.04.020]
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10 Amend KCC____________
Re: ___________________
SECTION 7. – Amendment – KCC 15.04.030. Section 15.04.030 of
the Kent City Code, entitled “Residential land use development conditions,”
is amended as follows:
Sec. 15.04.030. Residential land use development conditions.
1. Dwelling units, limited to not more than one per establishment,
for security or maintenance personnel and their families, when located on
the premises where they are employed in such capacity. No other residential
use shall be permitted.
2. Multifamily residential uses, or other residential facilities where
allowed, are only permissible in a mixed use overlay and must be included
within a mixed use development.
3. Assisted living facilities, residential facilities with health care,
and independent senior living facilities, when not combined with commercial
or office uses, require a conditional use permit and are subject to the
following conditions:
a. Must be located within a half mile of publicly accessible
amenities in at least three of the following categories, as determined
by the economic and community development director. The distance
shall be measured as the shortest straight-line distance from the
property line of the proposed facility to the property line of the entities
listed below:
i. Public park or trail, as identified in the city’s most
recently adopted park and open space plan, or owned or
maintained by any agency of the state, or any political
subdivision thereof;
ii. Preschool, elementary, or secondary school
(public or private);
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11 Amend KCC____________
Re: ___________________
iii. Indoor recreational center (community center,
senior center, physical recreation facility, bingo or casino hall);
iv. Church, religious institution, or other place of
worship;
v. Cultural arts center (theater, concert hall, artistic,
cultural, or other similar event center);
vi. Retail services, including, but not limited to:
medical services; food and beverage establishments; shopping
centers; or other commercial services that are relevant
(reasonably useful or germane) to the residents of the
proposed facility, as determined by the city’s economic and
community development director.
b. Alternatively, if the facility provides amenities in one or
more of the categories listed in subsection (3)(a) of this section on
the ground floor of the facility itself, oriented towards the public
(meaning that they are visible, accessible and welcoming), the
number of other amenities to which a half-mile proximity is required
may be reduced, at the discretion of the city’s economic and
community development director.
4. Multifamily residential uses, or other residential facilities where
allowed, when established in buildings with commercial or office uses, and
not located on the ground floor.
5. Multifamily residential uses, or other residential facilities where
allowed, when not combined with commercial or office uses.
6. Existing dwellings may be rebuilt, repaired, and otherwise
changed for human occupancy. Accessory buildings for existing dwellings
may be constructed subject to the provisions of KCC 15.08.160.
7. Transitional housing facilities, limited to a maximum of 20
residents at any one time, plus up to four resident staff.
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12 Amend KCC____________
Re: ___________________
8. Accessory structures composed of at least two walls and a roof,
not including accessory uses or structures customarily appurtenant to
agricultural uses, are subject to the provisions of KCC 15.08.160.
9. Farm dwellings appurtenant to a principal agricultural use for
the housing of farm owners, operators, or employees, but not
accommodations for transient labor.
10. Accessory dwelling units shall not be included in calculating the
maximum density. Accessory dwelling units are allowed only on the same
lot with a principally permitted detached single-family dwelling unit, and are
subject to the provisions of KCC 15.08.160 and 15.08.350.
11. Customary incidental home occupations subject to the
provisions of KCC 15.08.040.
12. [Reserved].
13. Subject to the combining district requirements of the mobile
home park code, Chapter 12.05 KCC.
14. Accessory living quarters are allowed per the provisions of KCC
15.08.359.
15. [Reserved].
16. Recreational vehicle storage is permitted as an accessory use
in accordance with KCC 15.08.080.
17. Accommodations for farm operators and employees, but not
accommodations for transient labor.
18. Other accessory uses and buildings customarily appurtenant to
a permitted use, except for onsite hazardous waste treatment and storage
facilities, which are not permitted in residential zones.
19. The following zoning is required to be in existence on the entire
property to be rezoned at the time of application for a rezone to an MR-T
zone: SR-8, MR-D, MR-G, MR-M, MR-H, NCC, CC, GC, DC, or DCE.
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13 Amend KCC____________
Re: ___________________
20. All multifamily townhouse developments in an MR-T zone shall
be recorded as townhouses with ownership interest, as defined in KCC
15.02.525.1, prior to approval of a certificate of occupancy by the city.
21. [Reserved].
22. One duplex per lot is permitted.
23. Secure community transition facilities are only permitted within
the boundaries depicted on the following map, and only with a conditional
use permit:
24. A secure community transition facility shall also comply with
applicable state siting and permitting requirements pursuant to Chapter
71.09 RCW. Secure community transition facilities are not subject to the
siting criteria of KCC 15.08.280 for class III group homes, but they are
subject to a 600-foot separation from any other class II or III group home.
In no case shall a secure community transition facility be sited adjacent to,
immediately across the street or parking lot from, or within the line of sight
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14 Amend KCC____________
Re: ___________________
of risk-potential activities or facilities in existence at the time a site is listed
for consideration. Within line of sight means that it is possible to reasonably
visually distinguish and recognize individuals. For the purposes of granting
a conditional use permit for siting a secure community transition facility, the
hearing examiner shall consider an unobstructed visual distance of 600 feet
to be within line of sight. During the conditional use permit process for a
secure community transition facility, line of sight may be considered to be
less than 600 feet if the applicant can demonstrate that visual barriers exist
or can be created that would reduce the line of sight to less than 600 feet.
This distance shall be measured by following a straight line, without regard
to intervening buildings, from the nearest point of the property or parcel
upon which the proposed use is to be located, to the nearest point of the
parcel or property or the land use district boundary line from which the
proposed use is to be separated. For the purpose of granting a conditional
use permit for a secure community transition facility, the hearing examiner
shall give great weight to equitable distribution so that the city shall not be
subject to a disproportionate share of similar facilities of a statewide,
regional, or countywide nature.
25. A designated manufactured home is a permitted use with the
following conditions:
a. A designated manufactured home must be a new
manufactured home;
b. The designated manufactured home shall be set upon a
permanent foundation, as specified by the manufacturer, and the
space from the bottom of the home to the ground shall be enclosed
by concrete or an approved concrete product that can be either load-
bearing or decorative;
c. The designated manufactured home shall comply with all
city design standards applicable to all other single-family homes;
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15 Amend KCC____________
Re: ___________________
d. The designated manufactured home shall be thermally
equivalent to the State Energy Code; and
e. The designated manufactured home shall meet all other
requirements for a designated manufactured home as defined in RCW
35.63.160.
26. Multifamily dwellings shall be allowed only within the Kent
downtown districts outlined in the Downtown Subarea Action Plan and shall
be condominiums recorded pursuant to Chapter 64.32 or 64.34 RCW or
similar dwelling units with ownership interest and recorded as such prior to
approval of a certificate of occupancy by the city.
27. Within subdivisions, as defined by KCC 12.04.025, vested after
March 22, 2007, or altered to comply with zoning and subdivision code
amendments effective after March 22, 2007, 25 percent of the total number
of permitted dwelling units may be duplex or triplex townhouse structures.
28. Live-work units; provided, that the following development
standards shall apply for live-work units, in addition to those set forth in
KCC 15.04.190:
a. The unit shall contain a cooking space and sanitary
facility in conformance with applicable building standards;
b. Adequate and clearly defined working space must
constitute no less than 50 percent of the gross floor area of the live-
work unit. Said working space shall be reserved for and regularly used
by one or more persons residing there;
c. At least one resident in each live-work unit shall maintain
at all times a valid city business license for a business on the
premises;
d. Persons who do not reside in the live-work unit may be
employed in the live-work unit when the required parking is provided;
e. Customer and client visits are allowed when the required
parking is provided;
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16 Amend KCC____________
Re: ___________________
f. No portion of a live-work unit may be separately rented
or sold as a commercial space for a person or persons not living on
the premises, or as a residential space for a person or persons not
working on the premises;
g. [Reserved];
h. Construct all nonresidential space, to the maximum
allowed, to commercial building standards; and
i. Provide an internal connection between the residential
and nonresidential space within each unit.
29. Subject to the maximum permitted density of the zoning
district. For assisted living facilities, residential facilities with health care,
and independent senior living facilities, each residential care unit is
considered one dwelling unit for purposes of density calculations.
30. Conditional use when the number of residents exceeds 20 at
any one time or more than four resident staff.
31. Emergency housing is an allowed conditional use in the MR-D
zone only in conjunction with an approved conditional use permit, and
subject to the following additional conditions:
a. The emergency housing facility must be located on the
same lot as an actively operating church or similar religious
institution, and the lot must be a minimum of two acres in size;
b. The emergency housing facility must be located within a
permanent, enclosed building;
c. The building footprint of the emergency housing facility
cannot exceed the building footprint of the church or similar religious
institution that exists on the same lot;
d. The church or similar religious institution on the same lot
as the emergency housing facility shall be primarily liable for the
operation and maintenance of the facility itself, as well as the conduct
of the residents of the facility on and in the immediate vicinity of the
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17 Amend KCC____________
Re: ___________________
lot, to the maximum extent permitted by law, regardless of whether
the organization contracts with a third party for the provision of any
services related to the facility itself or its residents; and
e. The emergency housing facility shall comply with the
setbacks and landscaping requirements for churches, as identified in
KCC 15.08.020(A).
32. The following restrictions apply to all group homes:
a. A group home is considered a single-family residential
use and shall not be combined with another residential use on the
same parcel including, but not limited to, a communal residence or
short-term rental;
b. A City of Kent business license is required in accordance
with Chapter 5.01 of the Kent City Code;
c. The applicant is responsible for obtaining required state
licenses and providing a copy of an up-to-date state license, or proof
one is not required by the state, to the City of Kent prior to approval
of a city business license;
d. Family members of the provider may live in the group
home, but such members are limited only to a spouse and children of
the provider or spouse, and are subject to the background check
requirements of WAC 388-76-10161 and WAC 388-73-10166; and
e. An accessory dwelling unit is permitted only if used as
part of the operation of a group home and may not be leased or sub-
leased to a separate family.
33. The following restrictions apply to all communal residences:
a. A City of Kent business license is required in accordance
with Chapter 5.01 of the Kent City Code;
b. No more than three rooms within the home or accessory
structure may be separately leased or sub-leased; and
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18 Amend KCC____________
Re: ___________________
c. Each room being leased or sub-leased shall have
adequate space, light, electricity, emergency egress, a smoke
detector, and access to adequate sanitation and eating facilities
pursuant to the International Residential Code and International
Property Maintenance Code as adopted in KCC 14.01. Adequate space
means floor area of no less than 70 square feet in size, no less than
7 feet of ceiling height and shall not have any horizontal dimension
less than 7 feet. Egress means one emergency escape rescue opening
at least 5.7 square feet, 24 inches high and 20 inches wide.
34. The following restrictions apply to short-term rentals:
a. A City of Kent business license is required in accordance
with Chapter 5.01 of the Kent City Code;
b. The home shall be occupied by the owner or a non-
transient tenant for at least six months of each year;
c. No more than three rooms within the home or accessory
structure may be offered as short-term rentals; and
c. The applicant is responsible for complying with the short-
term rental requirements of RCW 64.37.
SECTION 8. – 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 9. – 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.
6.a
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19 Amend KCC____________
Re: ___________________
SECTION 20. – Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
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