Kent staff release draft housing code updates; council directs 18‑inch tree standard and staff to evaluate after six months

Kent — City planning staff said they will release the draft Recode Kent housing code updates this week and begin the adoption process in May and June to meet several state legislative deadlines. The presentation covered zoning consolidation, new state requirements, a proposal to incentivize retention of significant trees and anticipated changes required by state STEP housing guidance.

Significant trees: Staff proposed a baseline definition of a "significant tree" as 24 inches diameter at breast height (DBH) and recommended that preserving one qualifying tree on a lot would allow middle‑housing projects an additional story (three full stories and 35 feet height preserved if the tree is retained). Planning staff said most peer jurisdictions set landmark/significant tree thresholds around 24 inches and noted variability across cities. During discussion, several councilmembers said 24 inches felt large; Councilmember Trautman and others supported a smaller threshold. The council settled on direction to staff to use an 18‑inch DBH standard for the Phase 1 incentive and to evaluate the policy after six months for potential adjustments.

STEP (spectrum of emergency and supportive housing): Planning staff explained state requirements—drawing on Commerce guidance—that indoor emergency shelters and emergency housing must be permitted where hotels are allowed, and that transitional and permanent supportive housing cannot be treated more restrictively than other housing types. Staff highlighted specific code elements they intend to update: aligning definitions with state terminology, removing an existing city requirement that emergency shelters be colocated with religious institutions, and revising a 90‑days on/90‑days off operating limitation that staff said is difficult for providers to use. Staff also said it will retain the ability to require on‑site services for health, food, clothing (e.g., laundry), and personal hygiene in facilities where those needs are part of the shelter model.

Timing and scope: Staff said the draft ordinance will not yet incorporate new 2025 state bills that Commerce has not finalized guidance on; those measures will be addressed in subsequent code updates. Staff noted one bill (co‑living) was deferred to the later December 2025 deadline. The draft code is expected to enter the public record this week, and adoption steps will proceed through May and June, with further amendments as state guidance is issued.

Why it matters: The changes implement recent state mandates and local policy goals (such as tree retention and streamlined housing types), but staff warned some constraints are imposed by state law (for example, limiting the city's ability to require conditional use permits for certain housing types when multifamily is permitted outright).

Council direction: The council directed staff to proceed with the draft release, adopt an 18‑inch DBH threshold for the Phase 1 tree retention incentive, and return with monitoring data and a potential recommendation after six months.

Speakers and sources referenced in this article are listed below.