Chapter 18.27
PUBLIC AND SEMI-PUBLIC ZONE
Sections:
18.27.010 Public and semi-public zone – Intent.
18.27.020 Public and semi-public zone – Use allowances.
18.27.040 Public and semi-public zone – Development standards.
18.27.050 Public and semi-public zone – Additional development standards.
18.27.052 Connectivity requirements for properties abutting SR-522.
18.27.055 Wireless communication facilities.
18.27.060 Public and semi-public zone – Site plan review process.
18.27.070 Public and semi-public zone – Rezone criteria.
18.27.010 Public and semi-public zone – Intent.
The public and semi-public zone includes properties currently owned or operated by a public entity or private institution. Uses in the public and semi-public zone include but are not limited to the City Hall, fire stations, library properties, education facilities, public park-and-ride lots, utility facilities and other institutional uses. The purpose of the public and semi-public zone is to recognize that public and semi-public facilities and institutions provide necessary services to the community and have their own unique set of circumstances. Factors including size, technological processes, requirements for municipal comprehensive facility planning and budgeting, capital improvement programs, and compatibility with surrounding land uses must be considered when developing public and semi-public facilities. New facilities should include buffers, landscaping, and design standards to ensure compatibility with adjacent land uses and zones. Sidewalks, open public spaces and amenities should be provided to encourage a pedestrian-friendly atmosphere and connections with public transit stops, schools, shopping, services, and recreational facilities where appropriate to the character of the neighborhood. The public and semi-public zone is applied to lands used for public and semi-public facilities and institutions designated as public and private facilities on the comprehensive plan land use map. Master plans are encouraged for uses in the public and semi-public zone. [Ord. 11-0329 § 3 (Exh. 1).]
18.27.020 Public and semi-public zone – Use allowances.
A. The following uses listed in Table A are identified as permitted, conditionally permitted, or prohibited uses in the public and semi-public zone:
|
PERMITTED |
CONDITIONALLY PERMITTED |
PROHIBITED |
|---|---|---|
|
Arts, entertainment, indoor |
College/university |
Marijuana business |
|
Arts, entertainment, outdoor1 |
Construction and trade4 |
Marijuana cooperative |
|
Educational service |
|
Regional land use5 |
|
Fire or police facility |
|
Secure facility |
|
Multiple-family dwelling6,7 |
|
|
|
Office2 |
|
|
|
Park |
|
|
|
Recreational facility, indoor |
|
|
|
Recreational facility, outdoor |
|
|
|
Standalone parking3 |
|
|
|
Utility facility |
|
|
1. Except outdoor performance center which is conditionally permitted.
2. Limited to public agency offices.
3. Limited to commuter parking facilities for users of transit, carpools or ride-share programs. Standalone parking garages shall be part of a mixed use development and shall use techniques such as architectural screening treatments and/or “wrapping” of the building with other uses to mitigate the visual impacts of the garage.
4. Limited to public agency maintenance yards or facilities.
5. Landfill and transfer station are specifically prohibited. Consideration of all other regional land uses shall follow the process outlined in KMC Section 18.27.060.
6. Limited to: (a) developments sponsored by a public agency on properties abutting SR-522 containing at least 25 percent very-low or low-income affordable housing units; or (b) developments on surplus public agency property. Developments containing very-low or low-income affordable housing units shall meet the standards of Chapter 18.77 KMC.
7. A standalone townhouse development is prohibited on properties abutting SR-522.
B. Classified land uses not listed or prohibited in Table A may be allowed through completion of a site plan review process pursuant to KMC 18.27.060 and Chapter 18.105 KMC.
C. Uses Established by Master Plan. Adopted master plans that specify uses include the following:
1. Bastyr University Master Plan, December 2009, approved by City Ordinance 09-0304. [Ord. 23-0574 § 2 (Exh. A); Ord. 17-0438 § 2 (Att. A); Ord. 16-0426 § 5 (Att. C); Ord. 16-0421 § 2 (Att. A); Ord. 14-0384 § 5; Ord. 11-0329 § 3 (Exh. 1).]
18.27.030 Accessory uses.
Accessory uses, when consistent with the definition in Chapter 18.20 KMC, are allowed as determined by the city manager. [Ord. 17-0438 § 2 (Att. A); Ord. 11-0329 § 3 (Exh. 1).]
18.27.040 Public and semi-public zone – Development standards.
A. Specific zone-based development standards for the public and semi-public zone in Table B shall apply to the public and semi-public zone as follows:
|
Standard |
Requirement |
|---|---|
|
Maximum Density: Dwelling Units/Gross Acre |
1501 |
|
Minimum Lot Size |
4,500 sq. ft.2 |
|
Minimum Lot Width |
35 ft. |
|
Minimum Street Setback |
0 ft., 10 ft., or 20 ft.3 |
|
Minimum Interior Setback |
0 ft., 5 ft., or 20 ft.3 |
|
Base Height |
35 ft.4,5 |
|
Maximum Impervious Surface: Percentage |
70%, 90%6 |
1 Maximum density allowed only for development projects abutting SR-522 and containing at least 25 percent very low-income or low-income affordable housing units. Permitted densities for other housing projects shall be consistent with permitted residential densities in adjoining zoning districts.
2 The minimum lot size may be reduced if the city manager determines use on the site is compatible with adjoining property, does not impair development of adjoining property and does not adversely affect the public health, safety or welfare.
3 a. Street setbacks: the minimum street setback for nonresidential or mixed use development varies depending on the adjacent zoning:
(1) Zero feet if adjacent zoning is downtown commercial or downtown residential.
(2) Twenty feet if adjacent zoning is R-1 to R-6.
(3) Ten feet in all other cases.
b. Interior setbacks for nonresidential or mixed use development: zero feet if adjacent zoning is downtown commercial or downtown residential; 20 feet if adjacent zoning is R-1 to R-6; five feet in all other cases.
c. Setbacks for residential development shall match those of the adjoining zoning district.
4 Height limits may be increased when portions of the building which exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, provided the maximum height does not exceed 75 feet. Properties abutting downtown commercial or downtown residential zones or regional business zones may achieve the heights allowed by those abutting zones if meeting conditions for the maximum height as expressed in those abutting zones.
5 Building heights and orientation for proposals within the great blue heron rookery buffer shall be carefully assessed through the required habitat management plan (see Chapter 18.55 KMC, Articles XIII through XV). In particular, potential impacts related to the flyway and shadowing of nest trees shall be evaluated. The city manager may require adjustments to maximum building height and/or building orientation to protect the rookery.
6 a. Ninety percent if abutting properties are zoned downtown commercial or downtown residential or regional business. Seventy percent in all other cases.
b. Measures to reduce impervious surfaces and to promote low impact development shall be employed unless infeasible, consistent with adopted Kenmore stormwater management standards.
B. Standards may be varied through a variance process pursuant to Chapter 19.25 KMC and KMC 18.115.030, or through the site plan review process in KMC 18.27.060. [Ord. 23-0574 § 2 (Exh. A); Ord. 16-0428 § 13 (Att. I); Ord. 11-0329 § 3 (Exh. 1).]
18.27.050 Public and semi-public zone – Additional development standards.
A. Where the public and semi-public zone abuts a residential zone, the city manager may require a landscaping screen pursuant to Chapter 18.35 KMC in order to screen views of parking lots, accessory buildings, or other features within the public and semi-public zone. Aesthetic safety, security, and maintenance factors shall be considered when considering the type of screen to be employed. Native vegetation is preferred for these screening treatments.
B. Accessory buildings and other structures shall be clustered together to the greatest extent feasible in order to reduce lengthy buildings and impervious surfaces. Measures to reduce impervious surfaces and to promote low impact development shall be employed where feasible, consistent with adopted Kenmore stormwater management standards.
C. Lighting shall be provided for safety of traffic and pedestrian circulation on the site. It shall be designed to minimize direct illumination of abutting properties and adjacent streets. The lighting standards of KMC 18.52.140 shall be met.
D. Properties abutting lands designated as downtown commercial, downtown residential, or regional business shall be subject to design standards of Chapter 18.52 KMC. [Ord. 16-0428 § 13 (Att. I); Ord. 11-0329 § 3 (Exh. 1).]
18.27.052 Connectivity requirements for properties abutting SR-522.
Properties in the public/semi-public zone abutting SR-522 should remove impediments to pedestrian use of the area by fostering the creation of an extensive network of sidewalks and pedestrian walkways.
Development proposals shall:
A. Provide any direct pedestrian connections between proposed development and transit facilities, or arterials providing transit access in order to minimize walking distances to transit.
B. Comply with the design standards pertaining to pedestrian walkways, as set forth in KMC 18.52.100.
C. Properties abutting water bodies (i.e., wetlands or streams) shall provide a public access trail paralleling the water body from one property line to the next with setbacks that are consistent with the requirements of KMC Title 16 and Chapter 18.55 KMC. The public access trail shall connect to a public right-of-way.
1. Where a development proposal abuts a property with a public access trail segment, the public access segment on the subject property shall connect to abutting property public access segment(s).
2. The public access easement for public access trails shall be documented on the face of the plat or plan and recorded with the King County department of records and elections. Public access easements shall run with the land in perpetuity. [Ord. 23-0574 § 2 (Exh. A).]
18.27.055 Wireless communication facilities.
Use allowances and development regulations for wireless communication facilities are located in Chapter 18.60 KMC. [Ord. 16-0426 § 6 (Att. D).]
18.27.060 Public and semi-public zone – Site plan review process.
Project sponsors in the public and semi-public zone shall undergo site plan review for purposes of establishing classified land uses or activities not otherwise established in KMC 18.27.020 as permitted or conditionally permitted, in accordance with Chapter 18.105 KMC. Site plan review shall not be used to establish prohibited uses listed in KMC 18.27.020. A site plan review shall be processed consistent with Chapter 18.105 KMC. [Ord. 11-0329 § 3 (Exh. 1).]
18.27.070 Public and semi-public zone – Rezone criteria.
A. The public and semi-public zone may be established by a Type 4 land use decision per Chapter 19.25 KMC, where the zone reclassification implements the public and private facilities comprehensive plan designation.
B. If a comprehensive plan amendment is required to establish the public and private facilities land use designation, and is proposed to be implemented by the public and semi-public zone, such comprehensive plan and zoning amendments shall be processed in accordance with Chapters 19.20 and 19.25 KMC.
C. Properties that are designated public and semi-public and that are less than one acre in size may be reclassified to the most prevalent zoning district surrounding the property through consideration of the Type 4 permit process, provided the requested zoning classification does not conflict with the overall intent of the public and private facilities comprehensive plan land use designation. [Ord. 11-0329 § 3 (Exh. 1).]