HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 06/12/2023 Land Use and Planning Board
• Monday, June 12, 2023
KENT 6:00 PM
Chambers
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Meeting ID: 815 1044 4090
Chair Dione Dittmar
Co-Chair Sandra Pereira Shane Amodei
Bryan Kesterson Sally McDonough
Justus Phelps Benjamin Reid
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Item Description Action Speaker Time
1. Call to Order Chair
2. Roll Call Chair 01 MIN.
3. Changes to the Agenda Chair
4. Approval of May 22, 2023 YES Chair 01 MIN.
Minutes
5. Land Use Implementation of SB YES Kaelene Nobis, AICP, 30 MIN.
5536 (Blake Fix) Senior Planner, ECD
6. Adjournment Chair
Unless other noted, the Land Use and Planning Board meets at 6 p.m. on the
second and fourth Monday of each month in Kent City Hall, Council Chambers, 220
Fourth Avenue South, Kent, WA 98032.
For additional information please contact City of Kent at or via email at
Cityclerk@KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk's
Office at 253-856-5725 in advance. For TDD relay service all Washington
Telecommunications Relay Service at 7-1-1.
The public may submit written public comments that relate to a committee agenda item by emailing:
cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. After 3:30 p.m., written
public comments may only be submitted in person by presenting them to the committee secretary at
Land Use and Planning Board Land Use Regular June 12, 2023
Meeting
the public meeting. Written public comments that do not relate to a committee agenda item are not
permitted. Written public comments are not read into the record.
Unless otherwise noted, the Land Use and Planning Board meets on the second and fourth Mondays of
each month in Kent City Hall, Council Chambers, 220 Fourth Avenue South, Kent, WA. 98032.
For additional information please contact Tanya Kosen at 253-856-54611 or email
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.
Pending Approval
Land Use and Planning Board
KENT Land Use Regular Meeting
WA9H... Minutes
May 22, 2023
Date: May 22, 2023
Time: 6:02 p.m.
Place: Chambers
Members: Dione Dittmar, Chair
Sandra Pereira, Co-Chair
Shane Amodei,
Bryan Kesterson,
Sally McDonough, 0
Justus Phelps, Cn
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Benjamin Reid w
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Agenda: a
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1. Call to Order 6:02 p.m. a
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Attendee Name Title Status Arrived
Dione Dittmar 7Ch Present o
Sandra Pereira air Present N
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Shane Amodei Present N
Bryan Kesterson Present cc
Sally McDonough Present c
Justus Phelps Present
Benjamin Reid Present
3. Changes to the Agenda
No changes o
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4. Approval of Minutes dated April 24, 2023
MOTION: Move to approve the Minutes dated April 24, 2023 a
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RESULT: APPROVED [UNANIMOUS]
MOVER: Shane Amodei M
SECONDER: Bryan Kesterson
AYES: Dittmar, Pereira, Amodei, Kesterson, McDonough, Phelps, Reid
5. 2044 Comprehensive Plan: Project Updates for Community Launch
and Baseline Conditions Assessment
Kristen Holdsworth, Long Range Planning Manager, provided an update on
the 2044 Comprehensive Plan relating to the project schedule, recently
completed deliverables and upcoming community engagement.
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Page I of 4 Packet Pg. 3
Land Use and Planning Board Land Use Regular May 22, 2023
Meeting Kent, Washington
Minutes
A Comprehensive Plan envisions a city's future and describes its long-term
vision for growth and accompanying infrastructure and services. Under the
Washington State Growth Management Act, cities are required to plan for
residential and employment growth over the next 20-years. Through 2044,
Kent is expected to accommodate 10,200 housing units and 32,000 jobs.
These growth targets were established through efforts and negotiations in
previous years to update the King County Countywide Planning Policies.
The City is required to adopt a periodic update of the Comprehensive Plan by
December 31, 2024. The process to update Kent's Comprehensive Plan will o
be in four phases. Community engagement will occur throughout the entire 0
project: w
1. Launch (Q1-Q2, 2023) N
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Background research and existing conditions analysis w
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Community Kickoff and SEPA Environmental Impact Statement (EIS)
Scoping - from mid-May through mid-July a
2. Frame (Q3-Q4, 2023) o
Scenarios and Land Use Planning
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Housing Needs Analysis o
3. Refine (Q1-Q2, 2024) N
Draft Policy Framework and Elements CN,
Draft SEPA EIS
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4. Adopt (Q3-Q4, 2024) 0
Final EIS
Final Comprehensive Plan with Implementation
Ms. Holdsworth presented on project progress, including:
A baseline conditions and equity analysis, which can inform decisions
for the Comprehensive Plan update related to future land use, �.
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transportation, and other issues; and
Plans for the Community Kickoff/Project Launch, including multiple y
engagement opportunities and SEPA EIS Scoping.
There was a great deal of engagement from the Board Members during the
presentation around the maps and statistics. Questions revolved around how
and when the statistical numbers were obtained, deeper breakdown of some
of the statistics and the distinction between different geographical locations
in Kent.
The Board members had several recommendations for additional community
outreach methods such as informative posters in ethnic groceries, King
County Public Health, and the Kent School District.
There was a brief discussion at the end of the presentation around four topics
that Ms. Holdsworth presented:
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Page 2 of 4 Packet Pg. 4
Land Use and Planning Board Land Use Regular May 22, 2023
Meeting Kent, Washington
Minutes
1. What are the biggest challenges and opportunities facing Kent in the next
20 years? How should the Comprehensive Plan address these challenges and
opportunities?
2. Are there areas you think should be a focus for growth in the future?
3. What do you think residents, businesses, and other community groups will be
most concerned about during the Comprehensive Plan update process?
4. What do you think residents, businesses, and other community groups will be
most excited about during the Comprehensive Plan update process? _
Most members concentrated on question 1 and 3. Z
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6. 2023 Legislative Session Recap w
The Washington state legislative session ended on April 23, 2023 and the z
governor has completed signing bills and the budget. Staff provided a high- a
level overview of housing, planning, and land use related bills that were 0
adopted this session. High-level updates included HB 1110 (missing middle) 2
and HB 1337 (ADUs), as well as new requirements for permit streamlining. c
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7. LUPB Summer Meeting Schedule and Agenda Topics
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Staff requested input to help prepare for the next few months of LUPB N
meetings. We are between major deliverable work products and know that N
several people have pre-planned travel. ;,
Please come prepared to discuss the following: o
1. We are considering reducing meetings in June through September to one
meeting per month. We plan on cancelling the "first" meeting of the month
and keeping the meeting on the fourth Monday of the month? Does this
present any scheduling conflicts for you? a;
2. Are there any topics or items you would like additional or background
information on as we prepare to dive into deeper discussions for the
Comprehensive Plan? L)
3. We are considering some offsite walking tours/meetings to help us explore Q
different neighborhoods, on-the-ground conditions, and review new r
development. Would you prefer to have these during our regularly scheduled
LUPB meeting, or another time? If another time, please share your
suggestion.
Members agreed that the second meeting of the month works for their
schedules. There is interest in having a presentation or more information
about the utility services in Kent, transit planning and issues of a more
emergent nature such as the purchase of the Corona Lodge by King County.
The group was very interested in doing walking tours and agreed to conduct
them during normal LUPB meeting dates and times.
S. Adjournment 7:50 p.m.
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Page 3 of 4 Packet Pg. 5
Land Use and Planning Board Land Use Regular May 22, 2023
Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
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Committee Secretary
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Page 4 of 4 Packet Pg. 6
LAND USE AND PLANNING BOARD
4^4� 220 Fourth Avenue South
Kent, WA 98032
KENT
WASHINGTON
DATE: June 12, 2023
TO: Land Use and Planning Board
FROM: Economic and Community Development
SUBJECT: Land Use Implementation of SB 5536 (Blake Fix)
MOTION: I move that the Land Use and Planning board recommend City Council
adopt the Land Use Implementation of SB 5536 (Blake Fix) ordinance as presented
by staff, subject to non-substantive revisions by the City Attorney during the final
ordinance review.
SUMMARY: At the upcoming Land Use and Planning Board meeting, members will
receive a briefing on proposed zoning code changes to Title 15 to comply with
newly adopted state legislation colloquially called the "Blake fix" (SB 5536). The
LUPB will hold a hearing and vote on a recommendation to Council.
BACKGROUND:
During the 2023 State legislative special session, Senate Bill 5536 was adopted and
signed into law. SB 5536, commonly referred to as the "Blake fix," updates state
statutes concerning controlled substances, counterfeit substances, and legend drug
possession and treatment.
SB 5536 addresses the 2021 Washington Supreme Court Blake decision, which
struck down Washington's criminal statute prohibiting possession of a controlled
substance. In 2021, the state legislature adopted ESB 5476 as a response to the
Blake decision. ESB 5476 modified statutes to comply with the Blake decision and
established additional programs. Since 2021, the state legislature has been working
to identify additional changes related to this issue.
The main parts of SB 5536 are effective July 1, 2023. The legislation has far-
reaching implications, especially for law enforcement and land use/zoning. Staff
from Economic and Community Development and Legal are working together on a
package of code amendments so City Council can review and weigh the totality of
changes from all proposed ordinances at the same meeting. Due to the tight
effective date timeline of July 1, 2023, ECD is prioritizing the changes to Title 15
(land use and zoning code) which are necessary to comply with the new legislation.
Packet Pg. 7
This is a complex matter, and staff recognize that further analysis and fine-tuning
will be needed in the future. Staff are committed to continuing efforts to research
and revise Title 15 (land use and zoning code) relating to this topic during the
upcoming comprehensive plan and code update cycle. The remaining portions of
this memo focus on SB 5536's required changes as they relate to Title 15.
New SB 5536 Land Use Requirements
The land use-related changes in SB 5366 are contained in Sections 12 and 14 of the
legislation. These new requirements:
1. Add and clarify uses that are considered an essential public facility (EPF) in
RCW 36.70A.200;
An EPF is a facility which is typically difficult to site but is of regional or
state significance. EPFs tend to have more noteworthy impacts than
other local uses, and special consideration for their siting should be
made to consider health, safety, and public welfare. Examples of
essential public facilities include but are not limited to airports, state or
regional transportation facilities, state education facilities, correctional
facilities, solid waste handling facilities, mental health facilities, group
homes, and secure community transition facilities. Siting of EPFs is an
integral component of the comprehensive planning conducted by
counties and cities. Under state law, cities and counties may establish
processes and requirements to site EPFs but cannot prohibit them from
locating within their jurisdiction. SB 5536 adds the following uses as
EPFs: opioid treatment programs, recovery residences, and harm
reduction programs excluding safe injection sites. It also changes the
term of "inpatient facilities include substance abuse facilities" to
"inpatient facilities including substance use disorder treatment
facilities."; and
2. Add a definition for harm reduction program;
3. Add a definition for opioid treatment program; and
4. Limit counties' and cities' ability to establish requirements and conditions for
opioid treatment programs only to the extent that such requirements and
conditions are similarly applied to other essential public facilities and health
care settings.
CURRENT KENT CITY CODE FOR OPIATE SUBSTITUTION TREATMENT
FACILITIES:
In April 2016, the City of Kent adopted Ordinance 4193, adding regulations for
Opiate Substitution Treatment Facilities (OSTFs). These regulations were adopted in
response to a then-updated state law regarding the citing and conditions required
for OSTFs. Prior to 2016, the City of Kent did not have zoning or development
Packet Pg. 8
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The City does not currently have any regulations specific to harm reduction
programs or services.
PROPOSED CODE CHANGES:
1. 15.02.307: Amend the term and definition of "opiate substitution treatment
facility" to "opioid treatment program" in accordance with SB 5536.
2. 15.02: Add the term and definition for "harm reduction programs" in
accordance with SB 5536
3. 15.04.090: Amend the use table to include harm reduction programs in the
same locations opioid treatment programs are currently allowed.
4. 15.04.100, Footnote 3: Amend footnote requirements and conditions for
opioid treatment programs and harm reduction programs in accordance with
SB 5536.
5. 15.09.030: Add requirements and conditions that apply to all essential
public facilities (EPFs) that require a Conditional Use Permit (CUP).
ADDITIONAL RESEARCH AND REVISIONS LIKELY:
This is Phase 1 of this effort. The proposed ordinance will bring the City into
compliance with the new land use requirements in SB 5536. During Phase 2, staff
will continue to evaluate appropriate locations, requirements, and conditions related
to this topic. In particular, there is a broad range of harm reduction services and
programs, which may necessitate further code revisions to differentiate between a
variety of impacts. As the City updates its Comprehensive Plan, staff will evaluate
procedures for siting Essential Public Facilities. Staff will also research and identify
potential code changes to Title 15 relating to harm reduction program and services,
which can be incorporated into the associated Comprehensive Plan implementation
code update.
BUDGET IMPACT: None
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Land Use Blake Fix - Ordinance approved by LAW (PDF)
Packet Pg. 10
5.a
ORDINANCE NO.
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AN ORDINANCE of the City Council of the
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City of Kent, Washington, amending various sections m
within the City's zoning code, Title 15 of the Kent co
City Code, to implement amendments made to the M
Revised Code of Washington during the state
legislature's special legislative session concerning a
the location and operation of opioid treatment
programs, recovery residences, and harm reduction
programs.
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RECITALS
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A. On May 16, 2023, the state legislature commenced a special o
legislative session, and on that same day it passed Second Engrossed x
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Second Substitute Senate Bill 5536 (SB 5536), which amended the Growth It
Management Act, Chapter 36.70A RCW, to designate opioid treatment 0°
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programs, including both mobile and fixed-site medication units, recovery
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residences, and harm reduction programs as "essential public facilities." J
B. The term "essential public facilities" refers to public facilities
that are typically difficult to site. Cities may not use their comprehensive
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plan or development regulations to preclude the siting of essential public a
facilities, and the city's comprehensive plan must include a process for
identifying and siting such facilities. A city may, however, impose reasonable
1 Amend Zoning Code -
Re: Opioid Treatment Programs
Packet Pg. 11
5.a
permitting requirements, including the need to obtain a conditional use
permit and require mitigation of the facility's adverse effects.
C. SB 5536 passed the state legislature and was signed by the
Governor on May 16, 2023. The statutory amendments made by SB 5536
regarding these programs and facilities are effective August 15, 2023. Given
this limited timeframe, the City recognizes the need to act quickly and
amend the City's zoning code for consistency with the changes in state law. x
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D. The zoning code changes made by this ordinance are an initial Y
attempt to bring the City's regulations concerning these programs and m
facilities into compliance with state law and the requirements for the siting o
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essential public facilities. Significant work remains to be done and further
study of the issues and impacts involved with these programs and facilities
is needed. The City intends to continue research and evaluation related to
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these programs and facilities through the periodic update process for the o
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Comprehensive Plan.
E. On June 2, 2023, the City's SEPA Responsible Official issued an
Addendum to the 2016 Determination of Nonsignificance for Opiate
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Substitution Treatment Facilities under permit number ENV-2016-7, KIVA o
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F. On June 8, 2023, a request for expedited review was sent to
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the Washington State Department of Commerce, which acknowledged that y
the request was received on , 2023.
G. On June 12, 2023, after appropriate public notice, the Land Use J
and Planning Board held a public hearing to consider the proposed code
amendments and forwarded their recommendation to the City Council. U
H. On June 20, 2023, the City Council Committee of the Whole a
considered the recommendation of the Land Use and Planning Board and
made a recommendation to adopt the ordinance to the full City Council.
2 Amend Zoning Code -
Re: Opioid Treatment Programs
Packet Pg. 12
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment - KCC 15.02.307. Section 15.02.307 of
the Kent City Code, entitled "Opiate substitution treatment facility", is
amended as follows: x
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Sec. 15.02.307. Opiate substituti O ioid treatment program m
facility. Gpiate substitut4eft O ioid treatment f-aeiliq program means &R 00
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r the ef treatment medication used in the treatment ef epiate dependency.
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program that: (a) Engages in the treatment of opioid use disorder with
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medications approved by the United States food and drug administration for a
the treatment of opioid use disorder and reversal of opioid overdose
including methadone; and (b) Provides a comprehensive range of medical
and rehabilitative services. o
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SECTION 2. - Amendment - New KCC 15.02.174.1. Chapter 15.02
of the Kent City Code, entitled "Definitions", is amended to add a new
Section 15.02.174.1 entitled "Harm reduction programs", as follows:
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Sec. 15.02.174.1. Harm reduction programs. Harm reduction
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programs means programs that emphasize working directly with people who E
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use drugs to prevent overdose and infectious disease transmission, improve
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the physical, mental, and social well-being of those served, and offer low
threshold options for accessing substance use disorder treatment and other
services. Harm reduction programs authorized within the City of Kent do not
include community health engagement locations, as regulated in KCC
3 Amend Zoning Code -
Re: Opioid Treatment Programs
Packet Pg. 13
5.a
15.08.550. Further, harm reduction programs operating within the City of
Kent may not provide the following services within the city limits of Kent:
distribution or exchange of drug paraphernalia, including but not limited to,
pipes, pipettes, or other smoking equipment, syringes, needles or associated
syringe equipment, unless the item was obtained directly from, or pursuant
to, a valid prescription or order of a practitioner while acting in the course
of their professional practice. x
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SECTION 3. - Amendment - KCC 15.04.090. Section 15.04.090 of m
the Kent City Code, entitled "Service land uses", is amended as follows: o
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4 Amend Zoning Code -
Re: Opioid Treatment Programs
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Sec. 15.04.090. Service land uses.
Zoning Districts
Key
P=Principally
Permitted Uses
S=Special Uses
C=Conditional Uses
A=Accessory Uses w `° N
M=Minor Conditional `? `O 00 ~ ~ = a w
Uses a Q N N 2 z L) o o 2 2 2 CM 0 11 �12 13
Finance,insurance, P P P P P P P P P P P P �C
(zz) (1) (z) (z) (z)
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Personal services: P P P P P P P P P P P P
laundry,dry (22) (12) (2) (2) (2) m
cleaning, barber, 00
salons,shoe repair, 00
launderettes a
Mortuaries P P P P
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Home day-care P P P P P P P P P P P P P P P P P P P P P P P J
C C C C C C C P P P P P P P P P P P P P P P P P P
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Business services, P P P P P P P P P P O
duplicating and blue (12) (z) (z) (z) Q
printing,travel
agencies,and y
employment
agencies
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Building P P P P P P -a
maintenance and (z) (z) (z) O
pest control
Outdoor storage P A A A A
(including truck, ((9)) ((9)) ((9))
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and contractor m
storage yards as y
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15.04.190 and J
15.04.195)
Rental and leasing P P P P P P a)services for cars, (2) (2) (2) E
trucks,trailers, (9) (9) (9)
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Auto repair and M P P P P P P Q
washing services (2) (2) (2)
(including body (9) (g) (9)
work)
Repair services: P P P P P P P P P
watch,TV,electrical, (12) (2) (2) (2)
electronic,
upholstery
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Packet Pg. 15
5.a
Professional P P P P P P P P P P P
services: medical, (20) (2) (2) (2)
clinics,and other
health care-related
services
Opiate substitution c c
(3) (3)
O ioid treatment
facility programs
Harm reduction c c
programs Q) (i
Contract P P P P P P K
construction service (16) (16) (2) (2) (2)
offices: building (9) (9) (9) m
construction, Y
plumbing, paving,
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and landscaping
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Educational P P P P P P P P P 00
services:vocational, (5 (2 (2
(5)
trade,art, music,
dancing, barber,and
beauty J
s s s s s s s s s s s s s s s s s s s s s >+
Churches (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4)
Administrative and P P P P P P P P P P P j
professional offices (1z) (z) (z) (z) O
—general Q
Municipal uses and P P P P P P P P P P P d
buildings (13) (13) (13) (13) (13) (13) (13) ((2) (13) (1) V
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Research, P M P P P P P P a
development,and -0
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Accessory uses and A A A A A A A A A A A A A A A A A A A A A A A A A K
structures (7) (24) (24) (24) (24) (18) (18) (19) (19) (19) (19) (19) (18) (18) IL
customarily (24)
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permitted use m
Boarding kennels, c M M P P P N
pet day care,and (2) (2) (2)
breeding
establishments ca
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Veterinary clinics c P P P P P P P P
and veterinary (8) (8) (8) (8) (8) (2) (2) (2) d
hospitals E
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Administrative or P P P V
executive offices (2) (2) (2) Q
associated with an
industrial operation
Offices incidental A A A A A P P P
and necessary to the (2) (2) (2)
conduct of a
principally permitted
use
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Packet Pg. 16
5.a
SECTION 4. - Amendment - KCC 15.04.100. Section 15.04.100 of
the Kent City Code, entitled "Service land use development conditions", is
amended as follows:
Sec. 15.04.100. Service land use development conditions.
1. Banks and financial institutions (excluding drive-through).
2. Service uses in the I1, I2, and I3 zoning districts are allowed,
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but shall be limited to 30,000 square feet per occupancy. i_
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3. Opiate substitution Opioid treatment fades programs and
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harm reduction programs are permitted only with a conditional use permit, co
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within the area depicted in the map below, and must provide indoor waiting
areas of at least 15 percent of the total floor area. In addition to the general a
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requirements of KCC 15.08.030, all applications shall contain and be
approved by the city based on the following information:
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7 Amend Zoning Code -
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a. A detailed written description of the proposed and
potential services to be provided, , and
identification of any applicable public regulatory agencies;
b. A written statement of need, in statistical or narrative
form, for the proposed project currently and over the following 10-year
period;
C. An inventory of known, existing or proposed facilities, by x
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name and address, within King County, or within the region, serving the Y
same or similar needs as the proposed facility; m
d. An explanation of the need and suitability for the CO
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proposed facility at the proposed location;
ae. An analysis of the proposed facility's consistency with the J
City of Kent Comprehensive Plan and development regulations, and plans
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and policies of other affected jurisdictions, including but not limited to the o
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King County Countywide Planning Policies;
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No epiate substitutieR a
opioid treatment€aei+ity program or harm reduction program may be located
within 500 feet of an existing ep+ate s bstit• tie~ o ioid treatment faeality
program or harm reduction program.
8 Amend Zoning Code -
Re: Opioid Treatment Programs
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5.a
Wig. A mobile or fixed-site medication unit may be
established as part of a licensed opioid treatment program and must comply
with City of Kent business license requirements and is subject to the
standards outlined in this section.
4. Special uses must conform to the development standards listed
in KCC 15.08.020.
5. Specialized training facilities or satellite campuses offering x
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industrial workforce training programs are not subject to the 30,000 square Y
foot limitation. m
6. [Reserved]. Co
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7. 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.
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8. Veterinary clinics and animal hospitals when located no closer o
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than 150 feet to any residential use, provided the animals are housed C
indoors, with no outside runs, and the building is soundproofed.
Soundproofing must be designed by competent acoustical engineers. C
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9. Outside storage or operations yards in the I1, I2, and I3
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districts shall be permitted only as accessory uses. Such uses are incidental U.
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and subordinate to the principal use of the property or structure. Outdoor
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storage is limited to 15 percent of the total site area in the I1 district, 30 y
percent of the total site area in the I2 district, and 50 percent of the total
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site area in the I3 district. J
10. [Reserved].
11. Reference KCC 15.07.040(B), outdoor storage landscaping. U
12. The ground level or street level portion of all buildings in the a
pedestrian overlay of the DC district, set forth in the map below, must be
pedestrian-oriented. Pedestrian-oriented development shall have the main
ground floor entry located adjacent to a public street and be physically and
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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 x
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shops, beauty salons, and dry cleaning; Y
C. Repair services, including but not limited to television, CO
radio, computer, jewelry, and shoe repair; CO
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d. Food-related shops, including but not limited to
restaurants (including outdoor seating areas and excluding drive-in
restaurants) and taverns;
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e. Copy establishments; o
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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
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community development director to be of the same general character as the
above permitted uses and in accordance with the stated purpose of the U.
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district, pursuant to KCC 15.09.065, Interpretation of uses.
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13. Except for such uses and buildings subject to KCC 15.04.150. -,
14. [Reserved].
15. [Reserved].
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16. Contract construction services office use does not include
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contractor storage yards, which is a separate use listed in KCC 15.04.040.
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17. Outside storage or operations yards are permitted only as
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accessory uses. Such uses are incidental and subordinate to the principal X
use of the property or structure. a
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18. Includes incidental storage facilities and loading/unloading m
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areas. y
19. Includes incidental storage facilities, which must be enclosed,
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and loading/unloading areas.
20. Shall only apply to medical and dental offices and/or E
neighborhood clinics. r
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21. [Reserved]. a
22. Any associated drive-up/drive-through facility shall be
accessory and shall require a conditional use permit.
23. [Reserved].
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24. 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.
SECTION 5. - Amendment - KCC 15.09.030. Section 15.09.030 of
the Kent City Code, entitled "Conditional Use Permit", is amended as follows:
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Sec. 15.09.030 Conditional use permit.
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A. Purpose.
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1. Conditional use permits, revocable, conditional or valid for a co
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time period may be issued by the hearing examiner for any of the uses or
purposes for which such permits are required or permitted by the terms of a
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this title. The purpose of the conditional use permit is to allow the proper
integration into the community of uses which may be suitable only on
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certain conditions in specific locations in a zoning district, or if the site is a
regulated in a particular manner. A conditional use permit is categorized as
a Process III application and shall be subject to the requirements of
Chapters 2.32 and 12.01 KCC. o
2. Any use existing at the time of adoption of this title which is x
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within the scope of uses permitted by a conditional use permit in
the district in which the property is situated shall be deemed a 0°
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conforming use without necessity of a conditional use permit.
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B. Application.
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1. The owner or their agent may make application for E
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a conditional use permit, which shall be filed in accordance with the
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requirements of Chapter 12.01 KCC.
2. Development plans shall be submitted, drawn to scale,
showing the actual dimensions and shape of the lot to be built upon, the
exact sizes and locations on the lot of buildings already existing, if any, and
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the location on the lot of the proposed building or alteration. The plans shall
show proposed landscaping, off-street parking, signs, ingress and egress
and adjacent land uses. The plan shall include other information as may be
required by the planning department.
3. If the proposed use is an Essential Public Facility as defined by
RCW 36.70A.200, the application shall include the following materials:
a. A plan for removal of individuals who present a threat to x
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other individuals, the site, or other nearby properties, to the maximum Y
extent permitted by the law; m
b. A plan for addressing reported concerns and documenting CO
resolution, and making this information publicly available; and Mn
c. Documentation of public involvement efforts to date
including public and agency comments received, and plans for future public
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participation. o
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C. Public hearing. The hearing examiner shall hold an open record public
hearing on any proposed conditional use, and shall give notice thereof in
accordance with the procedures established pursuant to Chapter 2.32 KCC o
and KCC 12.01.130 and 12.01.140. x
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D. Standards and criteria for granting. A conditional use permit shall m
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only be granted after the hearing examiner has reviewed the
proposed use to determine if it complies with the standards and criteria set
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forth below and in accordance with the requirements for Process III
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applications under Chapter 12.01 KCC. A conditional use permit shall only E
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be granted if such finding is made.
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1. The proposed use in the proposed location will not be
detrimental to other uses legally existing or permitted outright in
the zoning district.
2. The size of the site is adequate for the proposed use.
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3. The traffic generated by the proposed use will not unduly
burden the traffic circulation system in the vicinity.
4. The other performance characteristics of the proposed use are
compatible with those of other uses in the neighborhood or vicinity.
5. Adequate buffering devices such as fencing, landscaping or
topographic characteristics protect adjacent properties from adverse effects
of the proposed use, including adverse visual or auditory effects. x
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6. The other uses in the vicinity of the proposed site are such as Y
to permit the proposed use to function effectively. m
7. The proposed use complies with the performance standards, CO
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parking requirements and other applicable provisions of this title.
8. If the proposed use is an Essential Public Facility as defined by
RCW 36.70A.200, the applicant has demonstrated appropriate provisions
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for public health, safety, welfare, and long-term maintenance. The person o
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or organization that owns or operates the facility shall be primarily
responsible for the operation and maintenance of the facility itself, as well
as the conduct of the individuals served by the facility on and in the C
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immediate vicinity of the lot, to the maximum extent permitted by laws
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regardless of whether the person or organization contracts with a third party iL
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for the provision of any services related to the facility itself or its occupants.
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89. Any other similar considerations may be applied that may be y
appropriate to a particular case.
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E. Action of hearing examiner. Special conditions may be imposed on
the proposed development to ensure that the proposed use will meet the M
standards and criteria of subsection (D) of this section in granting a
a conditional use permit. Guarantees and evidence that such conditions are
being complied with may be required.
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F. Appeals. The decision of the hearing examiner shall be final. Any
appeal of the hearing examiner's decision shall be pursuant to the appeal
provisions of Chapter 12.01 KCC.
G. Period of validity. Any conditional use permit granted by the hearing
examiner shall remain effective only for three years unless the use is begun
within that time or construction has commenced. If not in use or
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construction has not commenced within three years, the conditional
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use permit shall become invalid.
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H. Expansion. Any expansion of a conditional use may be required to CO
apply for a new conditional use permit if the expansion:
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1. Exceeds the threshold of a minor conditional use permit under
KCC 15.09.032(C)(2); or
2. Involves a use with significant external impacts (noise, odor, a
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vibration, glare, aesthetics), including but not limited to outdoor storage or
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impound lots.
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SECTION 6. - Severability. If any one or more section, subsection, X
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or sentence of this ordinance is held to be unconstitutional or invalid, such
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decision shall not affect the validity of the remaining portion of this ordinance m
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and the same shall remain in full force and effect.
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SECTION 7. - Corrections by City Clerk or Code Reviser. Upon J
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the U
correction of clerical errors; ordinance, section, or subsection numbering; or a
references to other local, state, or federal laws, codes, rules, or regulations.
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SECTION 8. - 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
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ATTEST:
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KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted LO
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Date Published
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APPROVED AS TO FORM: °
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TAMMY WHITE, CITY ATTORNEY
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