(a) Administrative Regulations
(1) Planning Commission Established. There is hereby established by Kent City Charter a Planning Commission which has the power and duties prescribed by law and by this Code.
(2) Composition and Appointment. The Planning Commission is constituted in the following manner:
A. Composition. The Planning Commission consists of five (5) members appointed by City Council. In the event of the death, resignation, or removal of a member, Council must fill the vacancy for the unexpired portion of the term of that member.
B. Appointment. All appointments are for a five (5) year term. No member is allowed to serve more than three (3) consecutive terms or twelve (12) consecutive years, whichever occurs first. Once the term limit is met, the member may not reapply to the Planning Commission for one (1) full term. The members of the Planning Commission must be residents of the City of Kent and will serve without compensation unless compensation is approved by City Council.
(3) Organization. The Planning Commission must elect a chairperson, vice chairperson, and secretary. City Council prescribes by-laws and rules to follow and where not otherwise dictated, the Planning Commission must act in accordance with Robert's Rules of Order for Small Groups, most current edition.
(4) Quorum. Three (3) members of the Planning Commission constitute a quorum and a concurring vote of three (3) members of the Planning Commission is necessary to enact an order or resolution. Whenever only three (3) voting members are present for a specific case, the Chair must notify the applicant prior to any dispositive vote that the applicant has the option of continuing the vote to another hearing date.
(5) Meetings. Whenever there are matters to come before the Planning Commission, the Planning Commission will meet on the first and third Tuesdays of each month and at other such times as may be determined. Whenever the first or third Tuesday of the month falls on a legal holiday, that meeting will be cancelled. All meetings of the Planning Commission must be open to the public.
(6) Witnesses. The Chairperson of the Planning Commission may direct the Law Director or his/her designee to administer oaths, compel by issuance of a subpoena the attendance of witnesses in all matters coming within the purview of the Planning Commission, and take testimony of any and all persons appearing before it.
(7) Powers and Duties. The Planning Commission must review all applications for site plan review for permitted uses, conditionally permitted uses, and specially permitted uses. Planning Commission also reviews and recommends or denies zoning code text and/or map amendments (Section 1112.01), subdivision applications (Section 1111.02(e)), park fees (Section 1111.01(c)(9)), and preservation alternate applications (Section 1104.02(e)(2)).
(b) Determining the Level of Site Plan Review.
(1) Purpose. The purpose of this Section is to identify a procedure for the review and, when appropriate, the approval of permitted uses, conditionally permitted uses, and specially permitted uses and their respective site plans for various projects as may be required and enumerated in this Code. Generally, those projects which involve the substantial construction of buildings, site improvements, changes in use, parking lots, or large activity areas are required to undergo a site plan review as specified in this Section.
(2) Projects Requiring Review. The Table below reflects projects that require minor site plan review, major site plan review, or are exempt from site plan review. For purposes of determining whether a site plan requires a major site plan review or minor site plan review, a legal pre-existing nonconforming use will be treated as a permitted use.
Major Site Plan Review Planning Commission | Minor Site Plan Review Staff | Exempt from Site Plan Review | |
1. Special land uses | • | ||
2. Conditionally Permitted Uses | • | ||
3. Driveway or curb cut relocation where the new driveway will be relocated to within 25 feet of the existing driveway location or where a driveway or curb cut is being totally eliminated | • | ||
4. Construction of a building addition or separate accessory structure 15,000 square feet or less | • | ||
5. New construction of any non-residential building or buildings, including non-residential accessory buildings or structures, unless the activity is exempt or requires minor site plan review | • | ||
6. Alterations to exterior walls such as window openings, façade changes, etc., provided there is no change to the building footprint | • | ||
7. Construction and development on any parcel of land of multifamily, commercial, or industrial uses | • | ||
8. Construction of additional parking which abuts or is connected to an existing parking lot on the same property where the additional parking area does not exceed 20 parking spaces or a total additional improved area of 6,000 square feet | • | ||
9. Construction of 21 or more parking spaces and/or where the total area of the new parking lot is equal to or greater than 6,001 square feet in size on a property containing anything other than a single-family or two-family use | • | ||
10. Site improvements that include landscaping, lighting, site access or parking lot grading, layout, and new off-street parking, unless the activity is exempt | • | ||
11. Single-family dwellings and their accessory facilities on individual parcels | • | ||
12. Two-family dwellings and their accessory facilities on individual parcels | • | ||
13. Interior remodeling or interior construction | • | ||
14. Landscaping that is less than 25% of the parcel size or 5,000 square feet, whichever is less, no structures | • | ||
15. Re-paving of an off-street parking lot, provided there are no grading changes and no changes to the configuration of the parking lot layout | • | ||
16. Construction of and/or the conversion of an existing structure to one (1) or more units meeting the definition of a Rooming House or Boarding House | • | ||
(c) Requirements for all site plans.
(1) Pedestrian access. The development must be located as to not interfere with safe pedestrian use of sidewalks or shared use paths.
(2) Driveway spacing from intersections. If the property fronts on two or more streets, the driveways must be located as far from the intersections as is practical.
(3) Circulation. Vehicular approaches to the property must be designed to allow sufficient off-street transient parking or waiting area without creating interference with traffic on the street.
(4) Loudspeakers. Loudspeakers that cause a hazard or annoyance off of the development site are prohibited.
(5) Compliance. All applicants must provide documentation of compliance with all applicable state and/or federal requirements for the proposed use.
(6) Basis of Determination. When considering whether proposed development meets the requirements, the Planning Commission may consider all nearby properties, including properties outside the jurisdiction of the City of Kent.
(Ord. 2021-057. Passed 6-16-21.)
(d) Conducting Site Plan review and Issuing Permitted, Conditionally Permitted, or Specially Permitted Zoning Use Certificates.
(1) Application Procedures for Minor Site Plan Review. For a minor site plan review, the Community Development Department will specify what documentation is required.
(2) Application Procedures for Major Site Plan Review. An application for Major Site Plan Review must be submitted to the Community Development Department on forms provided for that purpose by the Community Development Department. Each application must be accompanied by the payment of any applicable fees. Applicants will be required to submit the following information, as specified by the Community Development Department, along with the completed application form:
• Description of the proposed project;
• Solid Waste Management;
• Number of Parking Spaces;
• Hours of Operation;
• Lighting;
• Signage;
• Landscaping; and
• Number of Occupants (i.e., employees, tenants, etc.)
B. Proof of ownership or site control.
C. Site Plan. The applicant must submit the number of scaled sets of plans required by the Community Development Department for the proposed project showing the items, as specified by the Community Development Department in the table below:
Site Plan Required Information |
1. General vicinity map. |
2. Property boundary lines, including a survey, legal description, and site area. |
3. Title and date of plan, including the date and nature of all subsequent revisions. |
4. North arrow and scale. The scale must not be less than 1-inch equals 50 feet for property under 3 acres and at least 1-inch equals 100 feet for those 3 acres or more. |
5. The location and the pavement and public right-of-way width of all abutting roads and streets and driveway locations on abutting public streets. |
6. The name, firm, address and telephone number of the professional civil engineering or architectural firms responsible for the preparation of the site plan (including imprint of professional seal). |
7. Notation of City, County or State license, permits required and/or secured. |
8. A description of the proposed use including the nature of the proposed use and other general information describing the use. |
9. Existing and proposed topography with contours at 2-foot intervals (based on USGS datum), extending a minimum of 50 feet beyond site boundaries. |
10. Description of soil erosion and sedimentation control measures. |
11. Location of clusters of trees on site and all existing trees five (5) inches or greater in diameter. |
12. Location of flood plains drainage courses, lakes, ponds, drains, rivers and streams including their water surface elevation, flood plain elevation and normal high-water elevation. |
13. Soil characteristics of the parcel to at least the detail provided by the U.S. Soil and Conservation Service |
14. A schedule of vehicle and bicycle parking needs. Separate drawings may be submitted to indicate usable floor areas, etc. for computation of parking needs. Each individual parking space must be indicated including typical parking space dimensions for regular and handicapped spaces and type of lot surfacing. |
15. The location of all rubbish receptacles and the location, height and type of fences and walls to screen receptacles. |
16. Location of existing and proposed fire hydrants, water mains, pump houses, stand pipes, building services and sizes including proposed connections to public sewer or water supply systems and/or considerations for extensions to loop other public water mains in adjacent public rights of way. |
17. Location and dimension of required easements for public right-of way, utilities, access and shared access. |
18. Front, rear and side elevations of proposed buildings and proposed type of building materials, roof design, projections, canopies and overhangs, screen walls and accessory buildings, and any other outdoor mechanical equipment, i.e., air conditioning, heating units, etc.
19. Traffic and pedestrian circulation patterns both within the site and on the public streets adjacent to the site and the proposed location and dimensions of any pedestrian sidewalks, malls and open areas for parks and recreation either required or otherwise deemed necessary by the Planning Commission. A concrete sidewalk 5 feet in width must be provided within the public right-of-way 1 foot from the subject site's property line where the subject site borders a public right-of-way.
20. Designation of fire lanes.
21. Detailed landscape plan (including topography and utilities above and below ground) from an architect, landscape architect, or landscaping professional in conformance with the requirements of this Code, indicating the location, type and size of trees, plants, berms etc.
22. The location and type of outdoor lighting, proposed illumination patterns (including a photometric plan), and method of screening to prevent glare onto adjacent properties.
23. The location, height and area of all signs.
24. The location of any outdoor storage of material(s) and the manner in which it will be screened or covered.
25. Information and plans for the storage, loading, disposal and transfer of any hazardous/toxic waste (gas, oil, transmission fluid, lubricants, solvents, etc.). If any underground tank is used, the location, size, construction and use of the tank must be specified on the site plan.
26. Information and special data which may be critical to the adequate review of the proposed use and its impact on the site or City. Such data requirements may include traffic studies, market analysis, site investigation report, environmental assessments (including inventory and impact data on flora, fauna, natural resources, hazardous materials, erosion control and pollution), demands on public facilities and services and estimates of potential costs to the City due to failures as a basis for performance guarantees.
27. Recreation and open space areas for residential development projects must be provided where deemed necessary by the Planning Commission.
28. Any other data which the City may reasonably deem necessary for adequate review.
29. Clear documentation for all proposed changes to the existing site, building or land use.
30. Any easements, legal or deed restrictions, and/or encroachments applicable to the property, but not including any home owner association requirements.
31. For sites with regular truck traffic, a truck circulation diagram indicating the type and volume of truck traffic anticipated at the site and defining all truck access and circulation lanes and truck loading/unloading areas on the site plan. The diagram must include the dimensions of trucks anticipated at the site and must show all existing and proposed truck circulation patterns, including the direction and flow of truck traffic on the site, turning radii, and sufficient maneuvering space and pavement design to accommodate trucks in accordance with the American Association of State Highway and Transportation Officials or another standard specified by the City Engineer.
32. Any other information as required by the Planning Commission or Community Development Department which will assist in evaluation of the proposed use.
D. Description of a feasible storm drainage system and proposed storm sewer facilities (sewers and appurtenances) including catch basins, outlets, enclosed or open ditches and proposed swales for the retention of off-site drainage. Provide preliminary drainage calculations.
E. Certificate of Appropriateness. In accordance with Section 1111.04(b)(6)D. and Section 1111.04 of this Code, the applicant must provide a copy of the Certificate of Appropriateness as issued by the Architectural Review Board, when such a review is applicable. The Certificate issued must be for the specific project and plans being presented for the Conditional Zoning Certificate or Specially Permitted Use.
(3) Submission of Application. Once a completed minor or major site plan review application has been received, the Community Development Department must verify the appropriate review and course of action for the project and advise the applicant accordingly. If the project requires zoning variances, those variances must be reviewed and approved prior to the completion of a minor site plan review and prior to appearing before the Planning Commission for a major site plan review. For projects required to undergo a major site plan review, an appropriate date at which the application will be presented to the Planning Commission will be tentatively set. At the applicant's request, the project may be presented conceptually to the Planning Commission prior to the formal review for the Planning Commission's comments, however, no final action is permitted as part of the conceptual review. Upon submission of the full and complete application by the applicant, the following procedure must be followed:
A. Minor Site Plan Review. Projects only subject to a minor site plan review will be reviewed internally by the Community Development Department and other City Departments as may be appropriate. The Community Development Director may then reject the proposed minor site plan, approve the minor site plan as submitted, approve the minor site plan with modifications and conditions, or refer the application to the Planning Commission to be reviewed as if it were a major site plan. Any denial or rejection of a minor site plan may be appealed to the Board of Zoning Appeals as prescribed in the appeal process set forth in Section 1111.03
(d) of this Code. There will be no public hearing or other public notification for a minor site plan. A zoning permit may not be issued until the plans submitted for a minor site plan review have been reviewed and approved for compliance with all city and state codes, including but not limited to this Code and Chapter 1339 (Technical Plan Review) of the Kent Codified Ordinances (KCO), as amended.
B. Major Site Plan Review. Projects requiring a major site plan review must be processed in the following manner:
• Administrative Review. The Community Development Department must circulate copies of the submitted site plans to the appropriate departments for review and comment.
(4) Planning Commission Review. The Planning Commission must review the proposed development as presented on the submitted application, plans, and specifications in accordance with the standards established in this Code. The Planning Commission must also consider comments from the administration or the general public in its evaluation of the project, but the Planning Commission in its sole discretion, may determine how much weight to assign each comment. Whenever it feels necessary, the Planning Commission may attach conditions to the approval of a Site Plan to ensure the health, safety, or welfare of the public as well as the integrity of an existing neighborhood in proximity to the development.
A. Special Studies Required. If the Planning Commission feels that additional information is necessary to make its decision, it may instruct the applicant or the administration to conduct additional studies, or seek expert advice. The cost of such studies must be borne by the applicant but in no event may such cost exceed five thousand dollars ($5,000).
B. Decision. The Planning Commission must approve or disapprove all applications for a major site plan review to come before it within sixty (60) days of the initial public meeting at which the project appeared. Such period may be extended by the Planning Commission with the applicant's consent or at the applicant's request.
(5) Approval of a Permitted Use. After reviewing an application for a permitted use at its public hearing, if the application meets all the legal requirements, the Planning Commission must:
A. Grant the applicant's request; or
B. Grant the applicant's request with conditions to ensure the health, safety, or welfare of the public as well as the integrity of an existing neighborhood in proximity to the development.
(6) Approval of a Conditionally Permitted Use or a Specially Permitted Use. The applicant is required to establish by clear and convincing evidence that the general standards of this Code, this Section, and the specific standards pertinent to each proposed use are met throughout the period of the proposed use. The Planning Commission must determine compliance or noncompliance and must ensure that the general standards, the specific standards, and other terms of this Code pertinent to the proposed use must be satisfied by the completion and operation of the proposed development.
A. General Standards for a Conditionally Permitted Use or a Specially Permitted Use. The Planning Commission must review the particular facts and circumstances of each proposed use in terms of the following standards and find that such use of the proposed location:
• Must be consistent with most recent Comprehensive Plan;
• Must be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance and function with the existing or intended character of the general vicinity;
• Such use must not change the essential character of the same area;
• Must not be hazardous or disturbing to neighboring uses;
• Must not be detrimental to property in the immediate vicinity or to the community as a whole;
• Must be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures; or that the persons or agencies responsible for the establishment of such use must be able to provide adequately any such service including refuse disposal; and
B. Additional Standards for a Specially Permitted Use.
• Must not be contrary to the public interest;
• Must not be injurious to nearby properties;
• Must not enlarge or encourage the development of a blighting
• Must not be contrary to any program of neighborhood conservation; and
• That the use complies with all applicable regulations of this Section.
C. After reviewing an application at its public hearing, the Planning Commission may:
• Grant the applicant's request for approval of a Conditionally or Specially Permitted;
• Grant the applicant's request for approval of a Conditionally or Specially Permitted with conditions; or
• Deny the applicant's request.
D. If the application has been denied, the decision is final, subject only to an appeal as permitted by state law.
(7) Re-Application.
A. Any applicant who has been denied wholly or in part a use permit for major site plan review by the Planning Commission, cannot submit a new application for the same parcel until the Community Development Director determines that at least on (1) of the four (4) following conditions has been met:
The expiration of one (1) year or more from the date of such denial;
Relevant newly discovered evidence that may affect the Planning Commission decision;
A substantial change in conditions surrounding the property, or
A substantial alteration to the application.
B. The Community Development Director's determination of whether one (or more) of the four conditions will be based upon the application and viewed in the context of the Planning Commission's denial.
(8) Staged Development. Where a proposed site plan indicates a staged site development approach, the later stages of the proposed development must be constructed within ten (10) years of the initial approval. Later stages of the overall site plan must be built in conformance with the approved site plan or must be submitted as a separate, new project, subject to all review requirements and zoning requirements that may apply at that time.
(9) Technical Plan Review. Any project subject to review under this Section as a minor or major site plan is also subject to review under 1339 of the Kent Codified Ordinances, as amended. Where Technical Plan Review and Approval is required under Chapter 1339, the Zoning Permit for the project may be withheld by the Community Development Department until Technical Plan Review is completed and the plans are approved. An applicant may be required to submit revised plans to the Planning Commission where projects involving major site plan review are concerned if the revised plan deviates substantially from the version of the plans approved by the Planning Commission as determined by the Community Development Director.
(10) Violations and Penalties. Any violation of a site plan or condition of approval during construction or once construction is completed and the use has commenced is a violation of this Code and is subject to a civil offense in accordance with Kent Codified Ordinance (KCO) Section 501.13
, as amended.
(11) Payment of Fees. Before the final permits are issued, the applicant must pay all outstanding fees.
(e) Conducting Subdivision Review:
(1) Preliminary Plan Review. All applications for subdivision review must be submitted to the Community Development Department. Applicants must submit the following information along with the completed application form:
A. Proof of ownership or site control.
B. Preliminary Plan. The applicant must submit the number of scaled sets of plans required by the Community Development Department for the proposed project showing the requested information listed in TITLE SEVEN - Subdivision Regulations, Section 1185.03
.
C. Payment of any applicable fees listed in TITLE SEVEN - Subdivision Regulations, Section 1181.05
(2) Final Plat Procedure. The Planning Commission must approve or disapprove the plat within thirty days from the date of official filing or within a mutually agreed upon time extension; otherwise, the final plat is deemed to have been approved.
(3) Required Information. The applicant must furnish the requested information listed in TITLE SEVEN - Subdivision Regulations, Section 1185.05
.
(f) Park Fee Approval. The final amount of land to be dedicated, the amount of the fee in lieu of land dedication, or the final combination thereof must be approved by the Planning Commission as set forth in Chapter 1191 Parks and Recreation Fees.
(Ord. 2021-057. Passed 6-16-21.)