HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 06/16/1998 9
City of Kent Colty Council Meeting
A enda
g
CITY OF
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3
Mayor Jim White
Councilmembers
Leona Orr, President
Sandy Amodt Connie Epperly
Tom Brotherton Judy Woods
Tim Clark Rico Yingling
June 16, 1998
Office of the City Clerk
CiTy Of
IM VICTA SUMMARY AGENDA
KENT CITY COUNCIL MEETING
June 16, 1998
Council Chambers
7 : 00 p.m.
MAYOR: Jim White COUNCILMEMBERS: Leona Orr, President
Sandy Amodt Tom Brotherton Connie ePP
erly
Rico Yingling Tim Clark Judy Woods
CALL TO ORDER
FLAG SALUTE
ROLL CALL
1 . PUBLIC COMMUNICATIONS
A. Sister City Association International Award Winner
Presentation
$. American Cancer Society Award
2 . PUBLIC HEARINGS
None
3 . CONSENT CALENDAR
A. Approval of Minutes
B. Approval of Bills
C. Donation of Old VHF Portable Radios to Bremerton
Police - Approval
-D. Railroad Franchise Agreements - Authorization
E. Excused Absence for Councilmember Woods - Approval
F. Transportation Improvement Board Grant - SR 516 at
256th - Authorization
�. Transportation Improvement Board Grant - 64 Ave So to
West Valley Highway - Authorization
H. Transportation Improvement Board Grant - James St to 4th
Ave. So .
2 . Western Processing Trust Agreement - Authorization
4 . OTHER BUSINESS
A. Swan Court II Preliminary Plat
B. Horseshoe Acres Annexation, 10� Petition
Zoning Code Update Phase I
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5 . BIDS
_A. Kent Meridian High School Sanitary Sewer Repair
-B. S . 277th Street Interceptor
6. CONTINUED COMMUNICATIONS
7 . REPORTS
8 . ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City
Clerk's Office and the Kent Library.
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City in
advance for more information. For TDD relay service call 1-800-635-9993 or the
City of Kent (253) 854-6587.
... ..... ..
PUBLIC COMMUNICATIONS
Citizens wishing to address the Council will, at this time,
make known the subject of interest, so all may be properly
heard.
A) Sister City Association International Award Winner
Presentation
r
B) American Cancer Society Award
CONSENT CALENDAR
3 . City Council Action: ,a
Councilmember (( ."t.- moves, Councilmember
seconds that Consent Calendar Items A through I be approved.
Discussion _
Action
3A. Approval of Minutes .
Approval of the minutes of the regular Council meeting of
June 2, 1998 .
3B. Approval of Bills.
Approval of payment of the bills received through May 29 and
paid on May 29, 1998 after auditing by the Operations Committee
on June 2, 1998 .
Approval of checks issued for vouchers :
Date Check Numbers Amount
5/29/98 200573-200886 $ 335, 041 . 79
5/29/98 200887-201290 1, 808, 036. 72
$2, 143, 078 . 51
Approval of checks issued for payroll for May 1 through May 15
and paid on May 20, 1998 :
Date Check Numbers Amount
5/20/98 Checks 227556-227932 $ 271, 834 . 38
5/20/98 Advices 65951-66475 771, 911 . 81
$1, 043, 746 . 19
Council Agenda
Item No . 3 A-B
Kent, Washington
June 2, 1998
Regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor
White. Present: Councilmembers Amodt, Brotherton, Clark, Epperly, Orr, Woods, and
Yingling, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Planning
Director Harris, Public Works Director Wickstrom, Police Chief Crawford, Fire Chief
Angelo, Parks Director Hodgson and Employee Services Director Viseth. Approximately
75 people were at the meeting.
PUBLIC Introduction of Mavoes Appointees. Mayor White introduced
COMMUNICATIONS Bob Swartout and Jim Bennett, his appointees to the Transit
Advisory Board. He explained that Mr. Bennett will represent the
School District on this Board.
The Mayor also introduced members of the Public Development
Authority Board of Directors as follows: Stephanie Klappenbach,
Charlene Shaw, Dick Lackey, Bob Swartout and Jon Johnson. He
noted that the Board will meet next Monday.
Employee of the Month. Mayor White introduced Heather
McIntosh and announced that she has been selected Employee of
the Month for June. He noted that she works in the Public Works
Street Maintenance Division, and that with drive and ability, she
achieves positive results for that division and the City as a whole.
He pointed out that Ms. McIntosh recently designed and built a
foot bridge across a small stream, and then created a work of art
using natural features of the stream bank. Public Works Director
Wickstrom stated that Ms. McIntosh is a very hard worker and that
he is pleased to have her on the team. Mayor White congratulated
Heather and presented her with the Employee of the Month
plaque.
Hire A Veteran Month. Mayor White read a proclamation
declaring June 1998 as Hire A Veteran Month in the City of Kent
and encouraging all employers, service providers and citizens to
observe this event of honor for service men and women. He noted
that veterans have made the American way of life possible through
their sacrifices and unselfish devotion to duty. The proclamation
was presented to Veteran Collin Saromines.
Kent Youth and Family Services Presentation. Peter Maurer,
Director of Kent Youth and Family Services, explained that they
have created a Volunteer Recognition Award and announced that
1
Kent City Council Minutes June 2, 1998
PUBLIC the first recipient of the award is the Kent Police Department. He
COMMUNICATIONS thanked them for the incredible amount of support they have given
and presented the award to Police Chief Crawford. Crawford
thanked Maurer for the honor.
CONSENT ORR MOVED to approve Consent Calendar Items A through I, as
CALENDAR amended by inserting Jim Bennett's name for Don Walkup's in
Item C. Woods seconded and the motion carried.
MINUTES (CONSENT CALENDAR - ITEM 3A)
Approval of Minutes. APPROVAL of the minutes of the regular
Council meeting of May 19, 1998.
SEWER (CONSENT CALENDAR - ITEM 3D)
Metro Sanitary Sewer Interceptor. AUTHORIZATION for the
Mayor to sign the Mill Creek Relief System Agreement pending the
Director of Public Works and City Attorney concurring with the
language therein, as recommended by the Public Works/Planning
Committee.
As part of resolving the sewage overflow problem on the City's
East Hill system, Metro and the City are constructing a cross-valley
sanitary sewer interceptor along the 277th Corridor route. Kent is
acting as lead agency on the project and Metro is to reimburse the
City's cost less one million dollars of City and Soos Creek Sewer &
Water District funds. The funds relate to the City's prior commit-
ment on an earlier overflow system in the S. 228th Street area
system, which proved to be unworkable.
TRAFFIC CONTROL (OTHER BUSINESS - ITEM 2A)
LID 340 S 196th/200th Corridor Proiect This date has
been set to establish the formation of LID 340, S. 196th/200th
Street Corridor Improvements, Green River to East Valley Highway.
Mayor White explained that this hearing relates only to formation
of the LID and a determination of whether these improvements
should be constructed, and that a public hearing on the monetary
amount of individual assessments will occur at a later date. He
said that anyone wishing to speak at this hearing should confine
their comments strictly to the issue of whether or not the City
should form this LID, not to preliminary assessments against
individual properties.
2
Kent City Council Minutes June 2, 1998
TRAFFIC CONTROL Public Works Director Wickstrom explained that this project was
first recognized in the City's 1984 Comprehensive Transportation
Plan, that it was reflected in the County's 1985 Transportation
Plan, and in 1987 it was included in the Puget Sound Council of
Government's Green River Valley Transportation Action Plan. He
noted that in 1986 the City began requiring, as part of mitigation of
developments, executing agreements with the City to support and
pay their share of this project either through an LID or in cash at
the end of a ten-year period once the project was formed. He
explained the legislation which provided funding and that noted
that without this project the City will be out of concurrency with
Growth Management Act and will not be able to issue any develop-
ment permits in this area.
Wickstrom noted that Kent is a lead agency on a portion of the
project within the County, and that Bruce Allen & Associates did a
special benefit analysis on the properties involved in the potential
LID. He stated that a meeting with the property owners was held
on March 25th, and noted that there are 465 tax lots with 462
different owners, 50 of whom attended the meeting.
Wickstrom then displayed a map of the area, outlined the
boundaries, and explained that the east-west corridor will extend
from East Valley Highway across two railroads to West Valley
Highway, continuing along 196th across the Green River. He
explained that the County will pay for half of the bridge and extend
the corridor to Orillia Road at 200th, which ties into the 188th
interchange of I-5. He noted that the project includes improve-
ments including a five-lane roadway with bicycle lanes, bridges,
curb and gutter, sidewalks, storm drainage, landscaping, utility
modifications, and channelization. Wickstrom noted that train
traffic is increasing and that the bridge is critical in maintaining
access and usability of the arterial system.
Wickstrom explained that the project is only partially funded by an
LID, and that the total project cost is $43,041,386.00, of which
$21,034,221.00 is LID, $11,533,725.00 is from grants, and
$10,038,440.00 is City funds. He then outlined the method of
assessment, noting that a special benefit method was used. He
pointed out that mitigation agreements represent approximately
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Kent City Council Minutes June 2, 1998
TRAFFIC CONTROL 54% of the assessment. He went on to explain the payment of
assessments if the LID proceeds.
In regard to the construction schedule, Wickstrom noted that some
work has begun and that it is important to stay within the time
frame, since building permits would have to be denied otherwise.
He noted that certain portions such as the bridge have been pro-
vided for and that a lot of right-of-way has been acquired. He said
the next portion will be from West Valley Highway to the Green
River which, if successful, should be under construction this
summer. He said the County's portion between 200th and Orillia
should be completed in the summer of 1999. He noted that the
Green River bridge is expected to be completed in August 1998,
and the bridge over the railroad tracks is scheduled for construc-
tion in 1999 and completion in 2000. He said that 196th between
West Valley Highway and East Valley Highway is to be done by
2000.
Wickstrom explained that it takes protests from property owners
representing 60% or more of the proposed LID assessment to
defeat the LID, and that there are presently 54% commitments
through the contractual agreements, but that the final decision
whether or not to form the LID is to be made by the Council. He
clarified for Yingling that there will not be upgrades to Orillia Road
because the traffic will not be increasing at this point in time.
Mayor White reminded Councilmembers that they have received a
memo from the Attorneys Office and that the City has retained
Mr. Wayne Tanaka of Ogden, Murphy & Wallace as their counsel.
He also noted that a court reporter is taking down the proceedings
to be made a part of the record. He then explained that there are
two main stages to the LID process, the formation stage and the
assessment stage, and that at tonight's formation stage, only
comments about the formation of the LID will be heard. He
declared the public hearing open.
T. J. Parks, of Gordon, Thomas, Honeywell, P.O. Box 1157,
Tacoma, representing property owner Nick Nesland of 6942 S.
196th, Kent, said he has been asked to ensure that the amount of
the assessment is appropriate based on special benefits and to
request information related to the formation of the LID, specifically
4
Kent City Council Minutes June 2, 1998
TRAFFIC CONTROL the boundary. He provided copies of a letter from Terry Brink
addressing the calculation of special benefits, and a letter from him
requesting disclosure of public information and requesting opening
a discourse with the City regarding the amount of the assessment.
Robert E. Walld , attorney representing Buriington Northern and
Santa Fe Railway Company, provided a letter of objections and
stated that one of the critical aspects of this project is crossing the
BNSF main line. He said that there is also a yard facility and
industrial trackage which will be spanned by the proposed project.
He noted that the project will locate a pier on the BNSF corridor,
and said they are extremely concerned that nothing be done to
impact the future capacity of the railroad right-of-way by the
construction of this or any other project. He noted that the rail-
road expects growth in the future of both freight and passenger
service and will need all the capacity possible. He said that
preliminary designs show that a pier will interfere with a fourth
track they believe they will have to construct in the near future.
He noted that a preliminary plan presented to them on May 26
moving the pier to the edge of the right-of-way would be an
improvement, but that no offer has been made for damage,
compensation or taking. He said there has been no discussion on
details of the agreement, which will be critically important. He
reminded Council that they cannot interfere with interstate
commerce.
Walkley noted that the FAST Corridor initiative rejected funding for
this project. He asked Council to delay formation until the impact
on FAST has been reviewed, agreement has been reached with
the railroad, WUTC proceedings are concluded, and the benefit
study is redone in ways shown in his letter. Mayor White noted
that this project was developed prior to the FAST Corridor project.
John Trumbull, representing the Union Pacific Railroad, provided a
letter of opposition, and noted that the Railroad is affected by the
project where it crosses the main line tracks and also where it
crosses an industrial spur that serves Toys R Us. He said that
UPRR will be affected at the crossing that serves Toys R Us, and it
will probably cost over $450,000 to completely redo the elevation
of the track through the road crossing and signalize the road cross-
ing. He stated that the benefit for an overpass that crosses a main
5
Kent City Council Minutes June 2, 1998
TRAFFIC CONTROL line track where there is no existing road crossing to the railroad is
no benefit. He said there would be a benefit if there were an
existing at-grade crossing. He concluded by saying that the
railroad opposes the LID as stated, and urged the Council and
Mayor to look at the project and review the letter of opposition.
Robert Mack, attorney with Smith Ailing Lane, 1102 Broadway,
Suite 403, Tacoma, 98402, representing Mr. and Mrs. Kung Cho
who are the owners of a Chevron service station and convenience
store at 18015 East Valley Highway, Kent 98032, said they are not
opposed to creation of the LID but have a concern about the
ordinance and the schedule for the special assessment. He
explained that Cho's project involves construction of a service
station, a convenience store and a car wash, and that the car wash
has not been built yet. He explained that the preliminary figure
provided in the Environmental Mitigation Agreement as a cap was
based on revision if a traffic impact study was done, and noted
that the traffic impact study cannot be completed until six months
after the project is complete. He noted that the Cho's were only
recently notified that the permit for the car wash has been issued.
He voiced concern that the construction might be completed at the
time the ordinance apparently sets for the final assessment for the
properties, and the traffic study, which they feel would show the
assessment should be lower for the property, could not be
completed until six months after that. He noted that there has
been correspondence with the city and provided a letter from
Mr. Creager of Barghausen Consulting Engineers and a voice mail
response from the City in November 1996 setting out the concerns
on this problem. He offered to provide more details if requested.
He reiterated that they are not opposed to creation of the LID but
have a concern that in the way it is created it may adversely affect
their rights to reduce the preliminary assessment and the EMA.
There were no further comments from the audience and ORR
MOVED to close the public hearing. Woods seconded. Assistant
City Attorney Brubaker pointed out that the Council has been given
an amended ordinance that differs from the one in the agenda
packet, and explained that the minor technical revisions make the
ordinance more consistent with bonding practices. The motion to
close the public hearing then carried.
6
Kent City Council Minutes June 2, 1998
TRAFFIC CONTROL CLARK MOVED to make the Public Works Director's memorandum
of May 27, 1998 a part of the record and to adopt Ordinan
No. 3404creating the formation of LID 340, S. 196th/200th Street
Corridor Improvements, Green River to East Valley Highway, as
amended. Woods seconded. Orr offered a friendly amendment to
the motion to include all the materials received tonight as part of
the record. Clark agreed.
Clark said he has trouble with Mr. Trumbull's comments on
whether there is an impact because there is no existing cross road
access, and noted that approximately 150,000 people attempt to
use only four possible roadways across that area, all of which are
at street level and do impact the railroad. He said they are
discussing an overpass over the top and whether that doesn't
relieve a significant threat to the railroad traffic. He also said he is
struggling with Mr. Walkley's observation that the freight traffic
would be impacted because this specific line that is actually
impacted is in fact simply a spur route and discussion is only about
the location of the tracks and it has no implication whatsoever for
main line traffic. He said this project is absolutely fundamental for
the City's ability to fulfill the Growth Management Act's levels of
service in terms of transportation projects, and must be continued.
He added that if the City did not go forward, they may be unable
to grant permits, which would strangle all growth in the valley.
In regard to the comments from Mr. Walkley and Mr. Trumbull
concerning the railroads, Brotherton said they were mostly
engineering details that could be worked out and are not sufficient
to impact formation of the LID. He agreed that the project is
critical to the city and that traffic needs to be kept moving across
the railroad tracks.
Wickstrom noted for Amodt that the figures are preliminary and
that a hearing on the final assessment roll will be held, at which
time Council will decide what is valid.
Clark's motion to make the Public Works Director's memorandum
and the material received tonight part of the record, and to adopt
Ordinance No. 3404 as amended then carried.
7
Kent City Council Minutes June 2, 1998
TRAFFIC CONTROL (BIDS - ITEM 5A)
City Of Kent Traffic Striping. The bid opening for this project
was held on May 26th with three bids received. The low bid was
submitted by Stripe Rite, Inc. in the amount of $39,174.91. The
Engineer's estimate was $48,001.06.
The Public Works Director recommends that the contract be
awarded to Stripe Rite, Inc. CLARK MOVED that the City of Kent
Traffic Striping contract be award to Stripe Rite, Inc. for the bid
amount of $39,174.91. Epperiy seconded and the motion carried.
(BIDS - ITEM 5B)
6th Avenue North Improvements. The bid opening for this
project was held on May 26th with five bids received. The low bid
was submitted by Ohana Nursery in the amount of $47,321.75.
The Engineer's estimate was $51,195.25.
The Public Works Director recommends that the contract be
awarded to Ohana Nursery. CLARK MOVED that the 6th Avenue
North Street Improvement contract be awarded to Ohana Nursery
for the bid amount of $47,321.75. Brotherton seconded and the
motion carried.
PLATS (CONSENT CALENDAR - ITEM 3I)
Swan Court II Preliminary Plat SU-98-S. SET June 16, 1998,
as the date for a public meeting to consider the Hearing Examiner's
recommendation of approval with conditions for a preliminary plat
application by Baseline Engineering, inc.
(OTHER BUSINESS - ITEM 4A)
Rhododendron Estates Preliminary Plat No. SU-97-2. This
date has been set to consider the Hearing Examiner's recom-
mendation for conditional approval of an application by N&G
Development LLC for a 16-lot single-family residential preliminary
subdivision. The property is located at 15809 124th Avenue S.E.
CLARK MOVED to accept the Hearing Examiner's recommendation
of approval of the Rhododendron Estates preliminary plat with 12
conditions. Woods seconded and the motion carried.
8
Kent City Council Minutes June 2, 1998
PLATS (OTHER BUSINESS - ITEM 4B)
Canterbury Greens Townhomes Final Plat FSU-96-4 This
date has been set to consider the Canterbury Greens Final Plat.
The subdivision contains 19 lots on 4.21 acres and is located at the
intersection of SE 264th and approximately 124th Avenue S.E. The
City Council approved the preliminary plat on November 5, 1996.
CLARK MOVED to approve the staffs recommendation of approval
with conditions for the Canterbury Greens Final Plat and to
authorize the Mayor to sign the final plat Mylar. Woods seconded
and the motion carried.
SISTER CITY (CONSENT CALENDAR - ITEM 3H)
Norway Sister City, Addition Of Gaular Kommune To
Existing Aareement. AUTHORIZATION for the Mayor to sign a
Sister City Agreement adding Gaular Kommune to the Indre
Sunnfjord, Norway Sister City Relationship, as unanimously
recommended by the Operations Committee at its May 20, 1998
meeting.
The Kent-Norway Sister City relationship partners our community
with three kommunes in the Indre-Sunnfjord region of Norway's
west central coast. These kommunes are Forde, Nastdaul, and
Jolster. Since formation of the relationship, another nearby
kommune, Gaular has expressed interest in joining the relation-
ship. Adding Gaular Kommune to the relationship would result in
no financial or staffing impact. If approved, the agreement would
be signed during the visit by a Kent delegation to Norway later this
month.
PARKS & (CONSENT CALENDAR - ITEM 3E)
RECREATION Kent Ridae Estates, Namina Of Park. AUTHORIZATION to
name the neighborhood park in Kent Ridge Estates "Greenview
Park." Numerous written and verbal suggestions were received
from residents of Kent Ridge Estate to name their neighborhood
park. After discussion and review, staff recommends naming the
park Greenview Park.
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Kent City Council Minutes June 2, 1998
PARKS & (CONSENT CALENDAR - 3F)
RECREATION Senior Center Roof Repair Change Order/Budget Chance
AUTHORIZATION of a budget change for $25,000 from unallo-
cated Capital Funds and approval of a second change order of
$15,266, plus WSST, to complete the Senior Activity Center
Reroofing Project.
Extensive dry rot has damaged the Senior Center roof. Staff is
pursuing reimbursement from the original roof contractor, as it is a
result of improper installation and/or failure of the original roofing
systems. To fund the repairs staff requests a budget change of
$25,000, including a second change order for $15,225 to complete
the project.
FINANCE (CONSENT CALENDAR - ITEM 3B)
Approval of Bills. APPROVAL of payment of the bills received
through May 15 and paid on May 15, 1998, after auditing by the
Operations Committee on May 19, 1998.
Approval of checks issued for vouchers:
Date Check Numbers Amoun
5/15/98 199933-200177 $1,099,603.36
5/15/98 200178-200572 1056,205.76
$2,155,809.12
No Payroll Checks were approved for this time period.
APPOINTMENTS (CONSENT CALENDAR - ITEM 3C)
Kent Transit Advisory Board Appointments. CONFIRMATION
of the Mayor's appointment of Jim Bennett to serve as a member
of the Kent Transit Advisory Board. Mr. Bennett's term will
continue until 4/30/2000. The Mayor explained that Mr. Bennett
will be the School District representative, rather than Mr. Walkup.
CONFIRMATION of the Mayor's appointment of Bob Swartout to
serve as a Transit Advisory Board member. Mr. Swartout is the
manager of the South County Activity Center (SKAC) and his
knowledge concerning the needs of people who are physically
challenged will be a valuable resource to the Board. Mr. Swartout
will replace Tony Springman, whose term expired. His new term
will continue until 4/30/2000.
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Kent City Council Minutes June 2, 1998
APPOINTMENTS (CONSENT CALENDAR - ITEM 3G)
Public Develoument Authority Roard Auoointments.
CONFIRMATION of the Mayor's appointment of Stephanie
Klappenbach, Charlene Shaw, Dick Lackey, Robert (Bob) Swartout
and Jon Johnson to serve as members of the Kent Downtown
Public Market Development Authority Board of Directors.
In accordance with Ordinance No. 3396, which established the
Kent Downtown Public Market Development Authority; approved a
charter and initial bylaws and established a Board of Directors to
govern the affairs of the Authority, the Mayor has appointed five
people to serve on the Board of Directors.
As specified in the Charter of the Kent Downtown PDA, the terms
of office of the appointed members shall commence on June 1,
1998, and shall be staggered as follows: one member for a two-
year term; two members for three-year terms; and two members
for four-year terms.
The Mayor has appointed Stephanie Klappenbach to serve a two-
year term that will be in effect until May 31, 2000. Charlene Shaw
and Dick Lackey are appointed to three-year terms that will be in
effect until May 31, 2001. Robert Swartout and Jon Johnson are
appointed for four-year terms that will be in effect until May 31,
2002.
REPORTS Council President. Orr asked Councilmembers to make their
reservations for the June 10 Suburban Cities dinner in Redmond
through Ms. Banister.
Orr thanked the South County Journal for a recent editorial
regarding people running red lights, and asked that this issue be
discussed by the Public Safety Committee. Epperly agreed.
ADMINISTRATIVE McFall reported that he and the Mayor have been serving on the
REPORTS Suburban Cities Regional Governance and Finance Committee and
that he will provide Councilmembers with copies of a recently
completed questionnaire. He also noted that they will continue to
work on this project through the summer.
11
Kent City Council Minutes June 2, 1998
EXECUTIVE At 8:03 McFall announced an executive session of approxi-
SESSION mately 30 minutes.
ADJOURNMENT The meeting reconvened and adjourned at 9:20 p.m.
Brenda Jacober CMC
City Clerk
12
. ...............
Kent City Council Meeting
Date June 16, 1998
Category Consent Calendar
1 . SUBJECT: DONATION OF OLD VHF PORTABLE RADIOS TO BREMERTON
POLICE - APPROVAL
2 . SUMMARY STATEMENT: Authorization to donate the 14 old VHF
portable radios to Bremerton Police Department for use by their
reserve police officers .
Kent Police Department has 14 Motorola model 350 and 360 VHF
portable radios . They are of no value to the police department
or any other department within the City, and they would be of
no value at public auction. They are the older crystal
technology and cannot simply be reprogrammed by computer. The
cost of removing the existing crystals would make it impracti-
cal to make the radios ready for public auction. Bremerton
Police Department has stockpiled spare parts and accessories
for these models of radio, and replacement of the crystals
would be their responsibility.
3 . EXHIBITS: Letter of request from Bremerton Police Department
and memorandum from Captain Jim Miller
4 . RECOMDENDED BY: Staff and Operations Committee 6/2/98
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $ _
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION: _.
Council Agenda
Item No . 3C
KENT POLICE DEPARTMENT
MEMORANDUM
Data ON13M
To: Chief Crawford
Fronr Captain Jim Miller
RE Donation of Old F Portable Radios to Bremerton PD
The attached letter from the Bremerton Police department requests the donation of old VHF
portable radios for use by Reserve Police Officers. Kent Police Dept has 14 Motorola model 350 and
360 VHF portable radios. They are of no value to the police department or any other department within
the city. They would be of no value at a public auction.
The radios in questions were purchased and in use when I joined the department in 1978.
They are the older crystal technology. Unlike modem radios they can not be simply reprogrammed by
computer.
Although there may still some limited use of VHF portable radios by other Kent City
departments the age, size, and availability of replacement parts make it very impractical for surplus
these portable radios to other Kent users. Due to VHF frequency allocation issues, the radios as
currently crystaled are not usable in the King County area. Due to the cost of removing the existing
crystals it would be impractical to make them ready for public auction. It should be noted that
Bremerton Police Department has stockpiled spare parts and accessories for these models of radio.
Replacement of crystals would be the responsibility of the Bremerton Police Department
In the early 1990s when Kent built its own 800 MHz radio system we kept these 14 VHF
portables as backup for our ERT unit in the event of a system problem on 800MHz. They were not
needed for that purpose. They were eventually retired to the shelves, as Kent's 800 MHz system
proved stable. In 1996 Kent moved from its own 800 MHz radio system to the King County Regional
800 MHz system.
It is my understanding that before I can move forward with this request, it should go before the
Operations Committee. I would be happy to attend a committee meeting to answer questions.
I recommend that we honor this request Thanks for your consideration.
�L
a\
1
GN OF B
O
Z
PAUL L. Du FRESNE, Chief of Police
239 nn Street•Bremerton,WA 98337•(360)478-5220•FAX(360)478-5395
Apri114, 1998
Capt. Miller
Dear Capt. Miller.
I am writing you today, on behalf of the Bremerton Police Reserve
Association, in regard to the portable radios you no longer use on your
police force. We, the Bremerton Police Reserves, are in great need of radios,
therefore we are asking for possible donations of these radios from the City
of Kent Police Department. I thank you for your time and look forward to
hearing from you in the future.
Sincerely,
Lt. Ron Mox
Bremerton Police Department
i
Darin Weaver #534
President BPRA
Scott Dickson #514
//Treas. BPRA
Equal Opportunity Employer
Kent City Council Meeting
Date June 16, 1998
Category Consent Calendar
1 . SUBJECT: RAILROAD FRANCHISE AGREEMENTS - AUTHORIZATION
2 . SUMMARY STATEMENT: Authorization for the Public Works
Department and the City Attorney' s Office to begin discussions
with the affected railroad companies to enter into new
franchise agreements that will either amend or repeal the
franchise ordinances that are purportedly controlling cros-
sings, as recommended by the Public Works/Planning Committee.
The Public Works Dept and the City Attorney' s Office have been
undertaking a review of railroad mainline and spur crossings
within the City.
i
3 . EXHIBITS: Public Works/Planning Minutes and attorney
memorandum
4 . RECOMMENDED BY: Public Works/Planning Committee
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No . 3D
PUBLIC WORKS/PLANNING COMMITTEE MINUTES
June 1, 1998
Present: Tim Clark Don Wickstrom
Rico Yingling Jim Harris
Tom Brotherton
Railroad Franchise Agreements
Wickstrom said we reviewed all our franchises granted to the Railroad over the
history of the City and have found some were issued in perpetuity which we cannot
do under state law. What we have todav is a `clean-up' proposal of all our
outstanding franchises. He stated there are some that require repealing and some,
even though repealed, we will end up renegotiating with the Railroad. Wickstrom
asked for the Committee's authorization to repeal those that are requested in the
Ordinance and renegotiate the others.
In response to Clark's question of whether this has anything to do with the grade
separation project, Wickstrom said it stems from an issue with the 196' Street
Corridor.
Brotherton asked why we should renegotiate some franchises that have expired and,
do they still exist without renegotiations or, do the expired franchises have any
harmful impacts on the City? Wickstrom said it does have an impact as it relates to
the use of public streets; we do not want to set a precedent for all the other
franchisees. We need to bring everything up to date and address all our franchisees
the same way.
Committee unanimously recommended proceeding with authorization of repealing of
certain specific franchise ordinances and, authorize renegotiations of others.
Western Processing Trust Agreement
Wickstrom said that this is part of our 196" St. Corridor project. We will be crossing
a part of the Western Processing property and we will be working through
Environmental Protection Agency (E.P.A.) however, Western Processing is willing to
OFFICE OF THE CITY ATTORNEY
•
interoffice
MEMORANDUM
to: Public Works and Planning Committee
«: Roger A. Lubovich, City Attorney
Jim Harris, Planning Director
Don Wickstrom, Public Works Director j
Jerry McCaughan, Property Manager
Gary Gill, City Engineer
Tim LaPorte, Design Engineer Supervisor
Michael Chameski, Outside Counsel
from: Tom Brubaker, Assistant City Attorney /r
re: Railroad Franchise Issues throughout Kent
date: May 29, 1998
The Public Works Department and the Office of the City Attorney have been undertaking
a review of railroad mainline and spur crossings within the City of Kent. Many of these crossings
are subject to franchise agreements with the Burlington Northern Santa Fe Railroad and the Union
Pacific Railroad and they require further action at this time.
First, the City holds a number of franchises that are perpetual in nature and apply to crossings
that no longer exist. Accordingly, we request that the City Council repeal the following ordinances:
Ordinance No. 80 granted to Hunt Lundrey Company
Ordinance No. 90 ;ranted to Washington Condensed Milk Company
Ordinance No. 170 granted to Fred Chamberlain
Ordinance No. 182 granted to Northern Pacific Railway Company
Ordinance No. 217 granted to Thomas Chapman
Ordinance No. 409 granted to Chicago, Milwaukee & St. Paul Railroad Company
Ordinance No. 499 granted to Chicago, Milwaukee & St. Paul Railroad Company
Ordinance No. 958 granted to Northern Pacific Railway Company
Once these franchises are repealed, three franchises will remain that affect existing crossings
and that were originally created to exist in perpetuity. However, under state law, cities do not have
the authority to grant franchises in perpetuity, and they are therefore void at least as to their term.
As a result, we are requesting that this committee authorize the Public Works Department and City
Attorney's Office to begin discussions with the affected railroad companies to enter into new
franchise agreements that will either amend or repeal the franchise ordinances that are purportedly
controlling these crossings. Those ordinance numbers are:
Ordinance No. 179 granted to Chicago, Milwaukee & St. Paul Railroad Company
Ordinance No. 893 granted to Northern Pacific Railway Company
Ordinance No.2054 granted to Burlington Northern Railroad
Ordinance No. 893 affects multiple crossings, some of which also no longer exist.
Finally, we are requesting authority to offer new franchises relating to various crossings that
were subject to previous franchises established for a limited term of years. These franchises have
expired and are now void because their term has run out and they have not been amended or
renewed. These expired franchises are as follows:
Ordinance No. 1491 granted to Union Pacific Railroad
Ordinance No. 1497 granted to Northern Pacific Railway Company
Ordinance No. 2209 granted to Union Pacific Railroad
Ordinance No. 2211 granted to Burlington Nor-them Railroad
Ordinance No. 2222 granted to Burlington Northern Railroad
Ordinance No. 2309 granted to Union Pacific Railroad
With your approval, we will undertake the necessary efforts to begin the process to repeal.
amend, and enter into the various franchises referenced above.
P'�L.A WTILESW 17hpwcomm.mem.doc
7
Kent City Council Meeting
Date June 16, 1998
Category Consent Calendar
1 . SUBJECT: EXCUSED ABSENCE FOR COUNCILMEMBER WOODS -
APPROVAL
2 . SU144ARY STATEMENT: Approval of an excused absence from
tonight ' s Council meeting for Councilmember Judy Woods, as she
will be unable to attend.
3 . EXHIBITS: Memorandum
4 . RECO1*1ENDED BY:
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No . 3E
MEMORANDUM
TO: JIM WHITE, MAYOR
CITY COUNCIL MEMBERS
FROM: JUDY WOODS, CITY COUNCILMEMBER
DATE: JUNE 3, 1998
SUBJECT: CITY COUNCIL EXCUSED ABSENCE
Councilmember Judy Woods would like to request an excused absencesfrom the June 16, 1998, City
Council meeting. She will be unable to attend.
Thank you for your consideration.
JW.jb
Kent City Council Meeting
Date June 16, 1998
Category Consent Calendar
1 . SUBJECT: TRANSPORTATION IMPROVEMENT BOARD GRANT -
SR 516 AT 256TH - AUTHORIZATION
2 . SUMMARY STATEMENT: Authorization for the Mayor to sign the
TIB grant agreement, accept the grant and establish a budget
for $100, 000, as recommended by the Public Works/Planning
Committee . The Public Works Department has received a grant of
$100, 000 from the Transportation Improvement Board for the
design and construction of the Pedestrian Improvements at the
intersection of SR516 and 256th Street .
3 . EXHIBITS: TIB Grant and Public Works Director memorandum
4 . RECOMMENDED BY: Public Works/Planning Committee 6/15/98
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No . 3F
DEPARTMENT OF PUBLIC WORKS
June 15, 1998
TO: Public Works/Planning Committee
FROM: Don Wickstrom (C✓
RE: Transportation Improvement Board (TIB) Grant
Pedestrian Improvements SR 516 to 256' St.
As part of the South County Improvements for pedestrian programs, the Public
Works Department has received a grant of $100,000 from the TIB for the design and
construction of Pedestrian Improvements at SR 516 to 256' Street. We are
requesting authorization for the Mayor to sign the Grant Agreement, direct staff to
accept the grant, establish a budget for $100,000 and spend the funds on said
project.
Due to time constraints, this item nrill be on the full Council agenda for Tuesday,
June 16`h as these agreements need to be back to TIB by June 26`''.
MOTION: Recommend authorizing the Mayor to sign the Grant Agreement, direct
staff to accept the grant, establish a budget for S 100,000 and authorize spending the
funds on said project.
ViP05098
State of Washington
Transportation Improvement Board
I 7ransoorlationBuilding,Rm �C5
Post Office Box 40901
Olympia, Washington 98504-0901
(360)705-7300 FAX(360)705-6B30
June 3, 1998
Mr. Don Wickstrom
Public Works Director
City of Kent
220 -4th Avenue South
Kent, WA 98032
Transportation Improvement Board
FY 1999 PFP Project Funding
Pedestrian Improvements
SR 516 to 256th Street
City of Kent
Dear Mr. Wickstrom:
We are pleased to advise you that the Transportation Improvement Board (TIB) has granted financial
assistance for the design and construction of the subject Pedestrian Facilities project. Transportation
Improvement Board (TIB) funds approved for the project are $100,000. The effective date of this
authorization is May 22, 1998, and reimbursable work for the project may now begin. If the scope of work
changes during the design phase, please contact TIB staff, as this may affect project reimbursement
eligibility.
The Board has changed its policy on PFP projects using the information provided in the application and
eliminating the need to submit the design/construction prospectus. In addition, the agency will be allowed
up to 24 months to complete the project. PFP projects selected in the FY 1999 must be completed by
July 1, 2000.
The next steps in proceeding with your project are listed below:
1. Sign the two enclosed project agreements and return them to the TIB office by June 26,
1998. One agreement form will be returned to your office after the Executive Director of
the Transportation Improvement Board executes it.
2. Send a copy of the plans and bid documents to the TIB office when the project goes to ad.
3. In accordance with TIB rules, an Updated Cost Estimate form (TIB Form 190-015) is
required when you are considering contract bids but prior to contract execution. When
you receive verbal or written concurrence from the TIB staff, you may award the
contract.
If you have any questions, please contact Greg Armstrong at (360) 705-7595.
Sincerely,
�-
Omar Mehyar
Transportation Planning Manager
OM/GCA:aws
Enclosures
cc: Terry Paananen
King Cushman
- UATA/71A/Pedestrian Facilities Program (PFP)
Project Agreement for Design and Construction Proposal
Lead Agency
City of Kent
Project Number Authority Number
Project Title& Description
Pedestrian Improvements
SR 516 to 256th Street
Total Amount Authorized Authorization to Proceed Effective From
$100,000 May 22, 1998
IN CONSIDERATION of the allocation by the Transportation Improvement Board of UATA/TIA matching funds
to the project and in the amount set out above, the agency hereby agrees that as condition precedent to
payment of any UATA/TIA matching funds allocated at any time to the above referenced project, it accepts and
will comply with the terms of this agreement, including the terms and conditions set forth in RCW 47.26; the
applicable rules and regulations of the Transportation Improvement Board, and all representations made to the
Transportation Improvement Board upon which the fund allocation was based; all of which are familiar to and
within the knowledge of the agency and incorporated herein and made a part of this agreement, although not
attached. The officer of the agency, by the signature below hereby certifies on behalf of the agency that federal,
state, and local funds represented to be committed to the project will be available as necessary to implement the
projected development of the project as set forth in the TIB Prospectus, acknowledges that funds hereby
authorized are for the development of the design and construction proposal as defined by Chapter 167, Laws of
1988.
Projects in clean air non-attainment areas are subject to air quality conformity requirements as specified in RCW
70.94. The lead agency certifies that the project meets all applicable Clean Air Act requirements.
IN CONSIDERATION of the promises and performance of the stated conditions by the agency, the
Transportation Improvement Board hereby agrees to reimburse the agency from UATAMA matching funds
allocated, and not otherwise, for its reimbursable costs not "o exceed the amcunt specified. Such Obligation to
reimburse UATAMA matching funds extends only to project costs incurred after the date of the Board's
allocation of funds and authorization to proceed with the project.
LEAD AGENCY TRANSPORTATION IMPROVEMENT BOARD
Signature of chavmammayor Date c+ecunve Director Gale
Farm 190-069
Rev,eeo 01/97
Recommended Roadway Improvements
Auburn
the corridor. The highest
priorities are:
Auburn Way in the Vicinity 1. SW 320th St.-SW 330th St.
of Fir Street 2. SW 316th St.—SW 320th St.
3. 304th to 316th (would
Improvements Applied for in the continue north of the demonstra-
tion site to Dash Point Road)
TIB Grant Application • Pedestrian refuge islands with
• Landscaped median signage and lighting on SR99 at
• Addition of curbing to force a M the north and southbound
traffic to merge to one lane approaches, and at all four
before the pedestrian crossing at approaches at 320th.
Fir Street �ti Clearly marked, ladder cross-
• Pedestrian refuge island wi `� walks at all intersections
signage & lighting
• Ladder crosswalk with stop bars Kent
Recommended Next Steps
Location of Demonstration sites
• Need for access control at James St. from 64th Ave S
Sherwood Gardens
• Find alternative routes for cut- Add signage. such as "Cross- to West Valley Highway
through traffic on Auburn Way S. walks laws strictly enforced".
(i.e. Green River Rd.) and. "Stop for me - it's the law" Improvements Applied for in the
• Allow only right turns at inner- TIB Grant Application
section of S. 30th St. and Kent- 0 Add six foot sidewalk behind
Des Moines Des Moines Road. planting Strip to accommodate
• Restrict right turns on red at NE school walk route, convert
corner of intersection existing sidewalk to bike path
SR 99 at SR 516 (Kent-Des o Use colored asphalt or concrete 0 Textured paver with stop bar at
Moines Rd.) pavers to create a gateway and West Valley Highway
make intersection and crossings 0 "Pork more visible to drivers and Chop island on NE corner
Improvements Applied for in the pedestrians of intersection channels right
TIB Grant Application turns & allows pedestrian refuge
• Pedestrian-scale lighting at West
• New median (Part of SR 99 HO% Valley Highway
improvements) federal Way Signage: Stop for Me. l['S the Law
• GaiewaV treatment of NW & SE 1
corners
• Tighter turning radius on SR99 at SW 330th St. James St at 4th Ave S
channelized turns
• Ladder crosswalk with stop bars Improvements Applied for in the Improvements Included in TIB
Recommended Next Steps TIB Grant Application Application
Add pedestrian-scale lighting Fully actuated traffic signal Ladder crosswalk with Stop bar
• Create attractive pedestrian Pedestrian Refuge Islands on NE corner curb radius reduced
• walkways in areas that lead to SR99 north and southbound "Pork chop" islands h south
c
safe crossing locations Crosswalk with stop hars sides of James St to channel right
Consolidate transit Stops to two 0New asphalt walkway to connect turns & provide pedestrian
• locations north of the intersec- intersection to Post Office refuge
lion (one each northbound and Pedestrian signal detectors
Recommended Next Steps moved to islands
southbound)
Sidewalks and pedestrian Scale Vehicle signal detectors moved
Create bus pull-outs
lighting is needed the leng[h of behind stop bars
Kent,continued intersection (no extensions Recommended Next Steps
across SW 102nd St.) Improve four existing traffic
SR 516 from 100th to 3. All four corners of the 16th islands to create pedestrian
10$th Ave. SW and SW 104nd St. refuges at the following
intersection (no extensions midblock locations:
across SW 104nd St.) 1. Between S. 144th and S.
Improvements Applied for in the
Recommended Next Steps 146th Sts. (Larry's Market)
TIB Grant Application 2. Between S. 148th and
• Signal relocation to new intersection • Speed control and additional law S. 150th Sts.
• Pedestrian refuge islands enforcement needed. The improvements would include
• Ladder crosswalks with stop bars addition of ladder crosswalks
• Curb radius reduced on SE offset from each other so that the
corner of SR 516 & 256th St Petrovitsky Road and SE
pedestrian traverses the island at
• Left turn lanes channelized on a 450 angle towards oncoming
SR 516 140th St. traffic. allowing them to see the
• Channelize 256th St to new gaps in traffic more easily
intersection with island Recommended Next Steps
Recommended Next Steps Crosswalks with textured or Bus stop relocated to south of S.
colored pavers at key locations 148th St. intersection.
• Lane reconfigurations and 1. All legs of the intersection Bus pullouts added south of S.
medians are proposed on James On 140ch SE between 148th St. in the north and
St. east of State St. Petrovitsky and SE I-Ist Pl.. southbound directions.
• Improve the existing at—grade 3. On Petrovitsky between Add a pedestrian island and
railroad crossing to provide safer 140th SE and 143rd Ave. SE ladder crosswalk at the first
pedestrian access Pedestrian refuge island driveway south of the S. 1 l8rh
• Improve/beef-up signage at 1. On 140th SE. between the St. intersection on the west side
existing mid—block crossings intersection and SE 171st PI of the street.
• Lincoln Avenue signal to facili- to include signage, lighting Move the "No Right Turn" sign at
Late outbound turning move- and possible signal control. the northeast corner of the S.
merits of Metro buses onto James 2 On legs of the intersection. 1-t,+th St. intersection from its
St. and to improve pedestrian current location so that it will be
safetv at this intersection more visible to drivers.
Tukwila
Add curbing to define the
driveway access point on the
King Countyeast side of the street. midblock
SR99 from S. 140th to between S. 1-t4th and S. 1-+(ith
Sts. This is the location of the
White Center: 16th Avenue S. 144th proposed mid—block crossing to
Larrv's Market and does not
SW from 1 OOth to 107th
Improvements Included in TIB currently have a sidewalk with
Application clearly defined access points.
mprovements Included in TIB Intersection improvements at S.
• Miciblock crosswalk w pedes-
�pplieotion 1-46Lh St. similar to those built at
Irian-scale lighting and signage
Pedestrian refuge islands with pedestrian refuge island S. 1-+-tth St. including curbs with
signage & lighting at 106Lh ADA ramps, ladder crosswalks
• Pedestrian-scale lighting on all four intersection legs and
Crosswalks with textured paver SR99 from S. 150th to a full signal.
Curb extensions at intersections S. 152nd Pedestrian scale lighting the
to minimize crossing distance length of the corridor.
and protect Street parking: Improvements Included in TIB
L Northwest corner of 16th
Ave. SW and White Center Application
Cutoff 0 Midblock crosswalk w pedes-
2. All four corners of the 16th Irian-scale lighting and signage
Ave. SW and SW 102nd St. 0 Pedestrian refuge island
...............
Kent City Council Meeting
Date June 16, 1998
Category Consent Calendar
1 . SUBJECT: TRANSPORTATION IMPROVEMENT BOARD GRANT -
64 AVE. SO. TO WEST VALLEY HIGHWAY - AUTHORIZATION
2 . SLR4KARY STATEMENT: Authorization for the Mayor to sign the
TIB grant agreement, accept the grant and establish a budget
for $100, 000, as recommended by the Public Works/Planning
Committee. The Public Works Department has received a grant of
$100, 000 from the Transportation Improvement Board for the
design and construction of the Pedestrian Improvements on James
Street from 64th Avenue S . to West Valley Highway.
3 . EXHIBITS: TIB Grant and Public Works Director memorandum
4 . RECOMMENDED BY: Public Works/Planning Committee 6/15/98
(Committee, Staff, Examiner, Commission, etc. )
S . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS: _.
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3G
DEPARTMENT OF PUBLIC WORKS
June 15, 1998
TO: Public Works/Planning,Committee
FROM: Don Wickstrom
RE: Transportation Improvement Board (TIB) Grant
Pedestrian Improvements — James Street
64'Avenue South to West Valley Highway
As part of the South County Improvements for pedestrian programs, the Public
Works Department has received a grant of S 100,000 from the TIB for the design and
construction of Pedestrian Improvements at James Street We are requesting
authorization for the Mayor to sign the Grant Agreement, direct staff to accept the
grant, establish a budget for $100,000 and spend the funds on said project.
Due to time constraints, this item will be on the full Council agenda for Tuesday,
June 16`h as these agreements need to be back to TIB by June 26"
MOTION: Recommend authorization for the Mayor to sign the Grant Agreement,
direct staff to accept the grant, establish a budget for S 100,000 and authorize
spending the funds on said project.
MP05198
State of Wanhingtcn
�� Transportation Irnprov6M8nt Board
Fransoonation Builoing, ;m. C
Post Office Box 0901
Olympla. Washington 98504-0901
(360)i05-i300 FAX(360)705-6830
June 3, 1998
Mr. Don Wickstrom
Public Works Director
City of Kent
220 -4th Avenue South
Kent, WA 98032
Transportation Improvement Board
FY 1999 PFP Project Funding
Ped Improvements -James Street
64th Avenue S to West Valley Hwy
City of Kent
Dear Mr. Wickstrom:
We are pleased to advise you that the Transportation Improvement Board (TIB) has granted inancial
assistance for the design and construction of the subject Pedestrian Facilities project. Transportation
Improvement Board (TIB) funds approved for the project are $100.000. The effective date of this
authorization is May 22, 1998, and reimbursable work for the project may now begin. If the scope of worK
changes during the design phase, please contact TIB staff, as this may affect project reimbursement
eligibility.
The Board has changed its policy on PFP projects using the information provided in the application and
eliminating the need to submit the design/construction prospectus. In addition, the agency will be allowed
up to 24 months to complete the project. PFP projects selected in the FY 1999 must be completed by
July 1, 2000.
The next steps in proceeding with your project are listed below:
1. Sign the two enclosed project agreements and return them to the TIB office by June 26.
1998. One agreement form will be returned to your office after the Executive Director of
the Transportation Improvement Board executes it.
2. Send a copy of the plans and bid documents to the TIB office when the project goes to ad.
3. In accordance with TIB rules, an Updated Cost Estimate farm (TIB Form 190-015) is
required when you are considering contract bids but prier to contract execution. When
you receive verbal or written concurrence from the TIB staff, you may award the
contract.
If you have any questions, please contact Greg Armstrong at (360) '05-7595.
Sincerely.
4
Omar Mehyar
Transportation Planning Manager
OM/GCA:aws
Enclosures
cc: Terry Paananen
King Cushman
UATA/TIA/Pedestrian Facilities Program (PFP)
Project Agreement for Design and Construction Proposal
Lead Agency
City of Kent
Project Number Authority Number
Project Title&Description
Ped Improvements - James Street
64th Avenue S to West Valley Hwy
Total Amount Authorized Authorization to Proceed Effective From
$100,000 May 22, 1998
IN CONSIDERATION of the allocation by the Transportation Improvement Board of UATAMA matching funds
to the project and in the amount set out above, the agency hereby agrees that as condition precedent to
payment of any UATAMA matching funds allocated at any time to the above referenced project, it accepts and
will comply with the terms of this agreement. including the terms and conditions set forth in RCW 47.26; the
applicable rules and regulations of the Transportation Improvement Board, and all representations made to the
Transportation Improvement Board upon which the fund allocation was based; all of which are familiar to and
within the knowledge of the agency and incorporated herein and made a part of this agreement, although not
attached. The officer of the agency, by the signature below hereby certifies on behalf of the agency that federal,
state. and local funds represented to be committed to the project will be available as necessary to implement the
projected development of the project as set forth in the TIB Prospectus, acknowledges that funds hereby
authorized are for the development of the design and construction proposal as defined by Chapter 167, Laws of
1988.
Projects in clean air non-attainment areas are subject to air quality conformity requirements as specified in RCN
70.94. The lead agency certifies that the project meets all applicable C,ean Air Act requirements.
IN CONSIDERATION of the promises and performance of the stated conditions by the agency, the
Transportation Improvement Board hereby agrees to reimburse the agency from UATAYTIA matching funds
allocated, and not otherwise, for Its reimbursable costs not to exceed the aiiioLint specifed. Such obligations tc
reimburse UATAMA matching funds extenes only to project costs incurred after the date of the Board's
allocation of funds and authorization to proceed with the projec:.
LEAD AGENCY TRANSPORTATION IMPROVEMENT BOARD
3jgnature of Chavmawmayor mate aeCurrve G,mc:or mate
Form'90-069
Revised 01197
Recommended Roadway Improvements
Auburn
the corridor. The highest
priorities are:
Auburn Way in the Vicinity 1. SW 320Lh St.—SW 330Lh St.
of Fir Street 2. SW 316th St.— SW 320th St.
3. 304th to 316th (would
improvements Applied for in the continue north of the demonstra-
tion site to Dash Point Road)
TIB Grant Application Pedestrian refuge islands with
• Landscaped median signage and lighting on SR99 at
• Addition of curbing to force the north and southbound
traffic to merge to one lane approaches, and at all four
before the pedestrian crossing at approaches at 320th.
Fir Street Clearly marked, ladder cross-
Pedestrian refuge island wi walks at all intersections
signage dr lighting
• Ladder crosswalk with stop bars Kent
Recommended Next Steps
Location of Demonstration Sites
• Need for access control at James St. from 64th Ave S
Sherwood Gardens
• Find alternative routes for cut- 0 Add signage, such as "Cross- to West Valley Highway
through traffic on Auburn Wav S. walks laws strictly enforced':
(i.e. Green River Rd.) and, "Stop for me - it's the law' Improvements Applied for in the
• Allow only right turns at inter- TIB Grant Application
section of S. 30th St. and Kent- Add six foot sidewalk behind
Des Moines Des Moines Road. planting strip to accommodate
Restrict right turns on red at NE school walk route, convert
corner of intersection existing sidewalk to bike path
SR 99 at SR 516 (Kent-Des o Use colored asphalt or concrete Textured paver with stop bar at
Moines Rd.) pavers to create a gateway and West Valley Highway
make intersection and crossings a "Pork more visible to drivers and Chop island on NE corner
Improvements Applied for in the of intersection channels right
TIB Grant Application pedestrians turns & allows pedestrian refuge
• Pedestrian-scale lighting at West
• New median (Part of SR 99 HOV Valley Highway
improvements) Federal Wad/ Signage: Stop for :v It's the It' the Law
• Gatewav treatment of NW tar SE 1
corners
• Tighter turning radius on SR99 at SW 330th St. James St at 4th Ave S
channelized turns
• Ladder crosswalk with stop bars Improvements Applied for in the Improvements Included in TIB
Recommended Next Steps TIB Grant Application Application
• Add pedestrian-scale lighting Fully actuated traffic signal I-adder crosswalk with stop bar
• Create attractive pedestrian Pedestrian Refuge Islands on NE corner curb radius reduced
walkways in areas that lead to SR99 north and southbound ..Pork chop" islands on south
safe crossing locations Crosswalk with stop bars sides of James St to channel right
• Consolidate transit stops to two Nev., asphalt walkway t<, ,connect turns x provide pedestrian
locations north of the imersec- intersection to Post Office, refuge
Lion (one each northbound and Pedestrian signal detectors
sou[hbound)
Recommended Next Steps moved to islands
• Create bus pull-outs Sidewalks and pedestrian ��cale vehicle signal detectors moved
lighting is needed the length of behind stop bars
Kent,continued
intersection (no extensions Recommended Next Steps
across SW 102nd St.) Improve four existing traffic
SR 516 from 100th to 3 All four corners of the 16th islands to create pedestrian
108th Ave. SW and SW 104nd St. refuges at the following
intersection (no extensions midblock locations:
Improvements Applied for in the across SW 104nd St.) 1. Between S. 144th and S.
TIB Grant Application Recommended Next Steps 146th Sts. (Larry's Market)
Speed control and additional law Between S. 148th and
• Signal relocation to new intersection P S. 150th Sts.
• Pedestrian refuge islands enforcement needed. The improvements would include
• Ladder crosswalks with stop bars addition of ladder crosswalks
• Curb radius reduced on SE offset from each other so that the
corner of SR 516 & 256th St Petrovitsky Road and SE pedestrian traverses the island at
• Left turn lanes channelized on a 450 angle towards oncoming
SR 516 140th St. traffic, allowing them to see the
• Channelize 256th St to new gaps in traffic more ea5dY.
intersection with island Recommended Next Steps
Recommended Next Steps Crosswalks with textured or 0 Bus stop relocated to south of S.
colored pavers at key locations: 148th St. intersection.
• Lane reconfigurations and 1. All legs of the intersection 0 Bus pullouts added South of S.
medians are proposed on James 2 On 140th SE between 1-48th St. in the north and
St. east of State St. Petrovitsky and SE 17lst PI. southbound directions.
• Improve the existing at—grade 3 On Petrovksky between Add a pedestrian island and
railroad crossing to provide safer 140th SE and 143rd Ave. SE ladder crosswalk at the first
pedestrian access 0 Pedestrian refuge island driveway south of the S. 148th
• Improve/beef-up signage at 1. On 140th SE. between the St. intersection on the west side
existing mid—block crossings intersection and SE 171st PI of'the street.
• Lincoln Avenue signal to facili- to include signage. lighting Move the "No Right Turn" sign at
Late outbound turning move- and possible signal control the northeast corner of the S.
merits of Metro buses onto James 1 On legs of the intersection. 1 t4th St. intersection from its
St. and to improve pedestrian current location So that it will be
safety at this intersection more visible to drivers.
Tukwila driveway
curbing to define the
'�
driveway access point on the
gC t�/King east side of the street, midblock
7 1 SR99 from S. 140th to between S. 14-4th and S. 146th
Sts. This is the location of the
White Center: 16th Avenue S. 144th proposed mid—block crossing to
Larry s :Market and does not
SW from 100th to 107th
Improvements Included in TIB currently have a sidewalk with
Improvements Included in TIB Application clearly defined access points.
pe• Midblock crosswalk w- des- Intersection improvements at S.
Application Crian-scale lighting and signage 1-+6th St. similar to those built at
• Pedestrian refuge islands with 0 Pedestrian refuge island S. 1 +-4th St. including curbs with
signage & lighting at 106th ADA ramps, ladder crosswalks
• Pedestrian-scale lighung on all four intersection legs and
• Crosswalks with textured paver SR99 from S. 150th to a full signal.
• Curb extensions at intersections S. 152nd Pedestrian scale lighting the
to minimize crossing distance length of the corridor.
and protect street parking: Improvements Included in TIB
1. Northwest corner of 16th
Ave. SW and White Center Application
Cutoff 0 midblock crosswalk w pedes-
2. All four corners of the 16th Irian-kale lighting and signage
Ave. SW and SW 102nd St. Pedestrian refuge island
Kent City Council Meeting
Date June 16, 1998
Category Consent Calendar
1 . SUBJECT: TRANSPORTATION IMPROVEMENT BOARD GRANT -
JAMES ST TO 4TH AVE. S0. - AUTHORIZATION
2 . SUMMARY STATEMENT: Authorization for the Mayor to sign the
TIB grant agreement, accept the grant and establish a budget
for $74, 000, as recommended by the Public Works/Planning
Committee. The Public Works Department has received a grant of
$74, 000 from the Transportation Improvement Board for the
design and construction of the Pedestrian Improvements at the
James Street intersection with 4th Avenue South.
3 . EXHIBITS: TIB Grant and Public Works Director memorandum
4 . RECOMMENDED BY: Public Works/Planning Committee 6/15/98
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3H
DEPARTMENT OF PUBLIC WORKS
June 15, 1998
TO: Public Works/Planning Committee
FROM: Don Wickstrom�f )
RE: Transportation Improvement Board (TIB) Grant
Pedestrian Improvements — James Street Intersection
James Street to 4' Avenue South
As part of the South County Improvements for pedestrian programs, the Public
Works Department has received a grant of $74,000 from the TIB for the design and
construction of Pedestrian Improvements at the intersection of James Street and 4'
Avenue South. We are requesting authorization for the Mayor to sign the Grant
Agreement, direct staff to accept the grant, establish a budget for S74,000 and spend
the funds on said project.
Due to time constraints, this item will be on the full Council agenda for Tuesday,
June 16`' as these agreements need to be back to TIB by June 26`t'.
MOTION: Recommend authorization for the Mayor to sign the Grant Agreement,
direct staff to accept the grant, establish a budget for S74,000 and authorize spending
the funds on said project.
MP05298
- State of Washington
Transportation Improvement Board
I Iransponation Building,Pm 2C5
Post Office Box 40901
Olympia, Washington 98504-0901
(360)705-7300 FAX(360)705-6830
June 3, 1998
Mr. Don Wickstrom
Public Works Director
City of Kent
220 -4th Avenue South
Kent, WA 98032
Transportation Improvement Board
FY 1999 PFP Project Funding
James Street Intersection
James Street to 4th Avenue S
City of Kent
Dear Mr. Wickstrom:
We are pleased to advise you that the Transportation Improvement Board (TIB) has granted financial
assistance for the design and construction of the subject Pedestrian Facilities project. Transportation
Improvement Board (TIB) funds approved for the project are $74,000. The effective date of this
authorization is May 22, 1998, and reimbursable work for the project may now begin. If the scope of work
changes during the design phase, please contact TIB staff, as this may affect project reimbursement
eligibility.
The Board has changed its policy on PFP projects using the information provided in the application and
eliminating the need to submit the design/construction prospectus. In addition, the agency will be allowed
up to 24 months to complete the project. PFP projects selected in the FY 1999 must be completed by
July 1, 2000.
The next steps in proceeding with your project are listed below
1. Sign the two enclosed project agreements and return them to the TIB office by June 26,
1998. One agreement form will be returned to your office after the Executive Director of
the Transportation Improvement Board executes it.
2. Send a copy of the plans and bid documents to the TIB office when the project goes to ad.
3. In accordance with TIB rules, an Updated Cost Estimate form (TIB Form 190-015) is
required when you are considering contract bids but prior to contract execution. When
you receive verbal or written concurrence from the TIB staff, you may award the
contract.
If you have any questions, please contact Greg Armstrong at (360) 705-7595.
Sincerely,
Omar Mehyar
Transportation Planning Manager
OM/GCA:aws
Enclosures
cc: Terry Paananen
King Cushman
UATAIT7A/Pedestrian Facilities Program (PFP)
Project Agreement for Design and Construction Proposal
Lead Agency
City of Kent
Project Number Authority Number
Project Title& Description
James Street Intersection
James Street to 4th Avenue S
Total Amount Authorized Authorization to Proceed Effective From
$74,000 May 22, 1998
IN CONSIDERATION of the allocation by the Transportation Improvement Board of UATAMA matching funds
to the project and in the amount set out above, the agency hereby agrees that as condition precedent to
payment of any UATA/TIA matching funds allocated at any time to the above referenced project, it accepts and
will comply with the terms of this agreement, including the terms and conditions set forth in RCW 47.26; the
applicable rules and regulations of the Transportation Improvement Board, and all representations made to the
Transportation Improvement Board upon which the fund allocation was based; all of which are familiar to and
within the knowledge of the agency and incorporated herein and made a part of this agreement, although not
attached. The officer of the agency, by the signature below hereby certifies on behalf of the agency that federal,
state, and local funds represented to be committed to the project will be available as necessary to implement the
projected development of the project as set forth in the TIB Prospectus, acknowledges that funds hereby
authorized are for the development of the design and construction proposal as defined by Chapter 167, Laws of
1988.
Projects in clean air non-attainment areas are subject to air quality conformity requirements as specified in RCW
70.94. The lead agency certifies that the project meets all applicable Clean Air Act requirements.
IN CONSIDERATION of the promises and performance of the stated conditions by the agency, the
Transportation Improvement Board hereby agrees to reimburse the agency from UATA/TIA matching funds
allocated, and not Otherwise, for Its reimbursable costs not to exceed the amount Specified. Such abligaticr'i t0
reimburse UATA/TIA matching funds extends only to project costs incurred after the date of the Board's
allocation of funds and authorization to proceed with the project.
LEAD AGENCY TRANSPORTATION IMPROVEMENT BOARD
Signature of ChaumanlMayor Date Executive Director Date
Forth 190-069
Rev.sed 01197
NOW State of Washington
Transportation Improvement Board
I Transportation Building,Rm 2C5
Post Office Box 40901
Olympia, Washington 98504-0901
(360)705-7300 FAX(350)705-6830
June 3, 1998
Mr. Don Wickstrom
Public Works Director
City of Kent
220 -4th Avenue South
Kent, WA 98032
Transportation Improvement Board
FY 1999 PFP Project Funding
James Street Intersection
James Street to 4th Avenue S
City of Kent
Dear Mr. Wickstrom:
We are pleased to advise you that the Transportation Improvement Board (TIB) has granted financial
assistance for the design and construction of the subject Pedestrian Facilities project. Transportation
Improvement Board (TIB) funds approved for the project are $74,000. The effective date of this
authorization is May 22, 1998, and reimbursable work for the project may now begin. If the scope of work
changes during the design phase, please contact TIB staff, as this may affect project reimbursement
eligibility.
The Board has changed its policy on PFP projects using the information provided in the application and
eliminating the need to submit the design/construction prospectus. In addition, the agency will be allowed
up to 24 months to complete the project. PFP projects selected in the FY 1999 must be completed by
July 1, 2000.
The next steps in proceeding with your project are listed below'
1. Sign the two enclosed project agreements and return them to the TIB office by June 26,
1998. One agreement form will be returned to your office after the Executive Director of
the Transportation Improvement Board executes it.
2. Send a copy of the plans and bid documents to the TIB office when the project goes to ad.
3. In accordance with TIB rules, an Updated Cost Estimate form (TIB Form 190-015) is
required when you are considering contract bids but prior to contract execution. When
you receive verbal or written concurrence from the TIB staff, you may award the
contract.
If you have any questions, please contact Greg Armstrong at (360) 705-7595.
Sincerely,
Omar Mehyar
Transportation Planning Manager
OM/GCA:aws
Enclosures
cc: Terry Paananen
King Cushman
Recommended Roadway Improvements
Auburn
the corridor. The highest
priorities are:
Auburn Way in the Vicinity ` 1. SW 320th St.—SW 330th St.
of Fir Street 2. SW 316th St.— SW 320th St.
3. 304th to 316th (would
Improvements Applied for in the continue north of the demonstra-
tion site to Dash Point Road)
TIB Grant Application Pedestrian refuge islands with
• Landscaped median signage and lighting on SR99 at
• Addition of curbing to force the north and southbound
traffic to merge to one lane approaches, and at all four
before the pedestrian crossing at approaches at 320th.
Fir Street Clearly marked, ladder cross-
Pedestrian refuge island w./ 5 walks at all intersections
signage & lighting
• Ladder crosswalk with stop bars Kent
Recommended Next Steps
Location of Demonstration Sites
• Need for access control at
James $t. from 64th Ave S
Sherwood Gardens
• Find alternative routes for cut- 0 Add signage, such as "Cross- to West Valley Highway
through traffic on Auburn Way S. walks laws strictly enforced"
(i.e. Green River Rd.) and. "Stop for me - it's the law" Improvements Applied for in the
• Allow only right turns at inter- TIB Grant Application
section of S. 30th St. and Kent- Add six foot sidewalk behind
Des Moines Des Moines Road. planting strip to accommodate
Restrict right turns on red at NF, school walk route, convert
corner of intersection existing sidewalk to bike path
SR 99 at SR 516 (Kent-Des Use colored asphalt or concrete Textured paver with stop bar at
Moines Rd.) pavers to create a gateway and West Vallev Highwav
make intersection and crossings Pork more visible to drivers anc Chop island on NE corner
Improvements Applied for in the of intersection channels right
pedestrians turns & allows pedestrian refuge
TIB Grant Application Pedestrian-scale lighting at West
• New median (Part of SR 99 HOV Valley Highway
improvements) federal Way Signage: Stop for b1e. Its the taw
• Ga[ewav treatment of NW' & SE
corners
• Tighter turning radius on SR99 at SW 330th St. James St at 4th Ave S
channelized turns
• Ladder crosswalk with stop bars Improvements Applied for in the Improvements Included in TIB
Recommended Next Steps TIB Grant Application Application
• Add pedestrian-scale lighting Fully actuated traffic signal Ladder crosswalk with stop bar
• Create attractive pedestrian Pedestrian Refuge Islands .)n NE corner curb radius reduced
walkways in areas that lead to SR99 north and southbound "Pork chop' islands on south
safe crossing locations Crosswalk with stop bar, sides of James St to channel right
• Consolidate transit stops to two New asphalt walkwav to connect [urns & provide pedestrian
intersection to Post Office refuge
locations north of the intersec-Sion cone each northbound and Pedestrian signal detectorsRecommended Next Steps moved to islands
sou[hboundl
• Create bus pull-out, Sidewalks and pedestrian scale Vehicle signal detectors moved
lighting is needed the leng[h of behind stop bars
Kentrcontinued intersection (no extensions Recommended Next Steps
across SW 102nd St.) improve four existing traffic
SR 516 from 100th to 3. All four corners of the 16th islands to create pedestrian
10$th Ave. SW and SW 104nd St. refuges at the following
intersection (no extensions midblock locations:
Improvements Applied for in the
across SW 104nd St.) 1. Between S. 144th and S.
146th Sts. (Iarry's Market)
TIB Grant Application Recommended Next Steps 2 Between S. 148th and
• Signal relocation to new intersection Speed control and additional law S. 150th Sts.
• Pedestrian refuge islands enforcement needed. The improvements would include
• Ladder crosswalks with stop bars addition of ladder crosswalks
• Curb radius reduced on SE offset from each other so that the
corner of SR 516 & 256th St Petrovitsky Road and SE pedestrian traverses the island at
• Left turn lanes channelized on a 45"angle towards oncoming
SR 516 140th St. traffic, allowing them to see the
• Channelize 256th St to new gaps in traffic more easily
intersection with island Recommended Next Steps
Recommended Next Steps Crosswalks with textured or Bus stop relocated to south of S.
colored pavers at key locations 148th St. intersection.
• Lane reconfigurations and 1. All legs of the intersection Bus pullouts added south of S.
medians are proposed on James _. On 140th SE between 148th St. in the north and
St. east of State St. Petrovitskv and SE 1-1st PI. Southbound directions.
• Improve the existing at-grade 3. On PeLrovitsky between Add a pedestrian island and
railroad crossing to provide safer 140[h SE and 143rd Ave. SE ladder crosswalk at the first
pedestrian access Pedestrian refuge island driveway south of the S. 1-t8th
• improve,/beef-up signage at 1. On 140th SE. between the St. intersection on the west side
existing mid—block crossings intersection and SE 171st PI of the street.
• Lincoln Avenue signal to facili- to include signage.. lighting Move the "No Right Turn" sign at
Late outbound turning move- and possible signal control the northeast corner of the S.
merits of Metro buses onto lames 2 On legs of the intersection. 1-4vth St. intersection from its
St. and to improve pedestrian current location So that it will he
safety at this intersection more visible to drivers.
Tukwila Add curbing to define the
driveway access point on the
King County east side of the street, midblock
SR99 from S. 140th to between S. 1-t-tth and S. 1-46th
Sts. This is the location of the
White Center: 16th Avenue S. 144th proposed mid-block crossing to
Larry s Market and does not
SW from 100th to 107th
Improvements Included in TIB currently have a sidewalk with
Application clearly defined access points
-
mprovements Included in TIB intersection improvements at S.
• :�lidhlock crosswalk w pedes-
Application Irian-scale lighting and signage 1-+6th St. similar to those built at
• Pedestrian refuge islands with 0 Pedestrian refuge island S. 1-44th St. including curbs with
signage & lighting at 106Lh ADA ramps, ladder crosswalks
• Pedestrian-scale lighting on all four intersection legs and
• Crosswalks with textured paver SR99 from S. 150th to a full signal.
• Curb extensions at intersections S. 152nd Pedestrian scale lighting the
to minimize crossing distance length of the corridor.
and protect street parking: Improvements Included in TIB
1. Northwest corner of 16th
Ave. SW and White Center Application
Cutoff aMiciblock crosswalk w pedes-
2. All four corners of the 16th Lrian-Scale lighting and signage
Ave. SW and SW 102nd St. 0 Pedestrian refuge island
Kent City Council Meeting
Date June 16, 1998
Category Consent Calendar
1 . SUBJECT: WESTERN PROCESSING TRUST AGREEMENT -
AUTHORIZATION
2 . SUMMARY STATEMENT: Authorization to allow the Public Works
Director and the City Attorney to finalize the necessary
documents to have the Boeing Company construct this embankment
as part of the Western Processing "Cap" Containment Project .
As part of the construction of the 196th Street Corridor, the
City plans to work with the Boeing Company, as primary trustee
for the Western Processing Trust, to construct an earthen
embankment as part of the "cap" being built to contain final
cleanup on the Western Processing site. This embankment will
support the west edge of the grade-separated railway bridge to
be constructed for the 196th Corridor. Staff hopes to offer a
draft agreement for review at tonight ' s meeting.
3 . EXHIBITS•
4 . RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No . 3I
DEPARTMENT OF PUBLIC WORKS
May 29, 1998
TO: Public Works Committee
FROM: Don Wickstrom
RE: Agreement with Western Processing Trust (Boeing)
The 196`h Street Corridor Middle Leg from (West Valley Highway to East Valley Highway)
extends across the Western Processing superfund site (see attached map). Cleanup of
this superfund site is overseen by the Environmental Protection Agency and falls within
their jurisdiction via a U.S. District Court consent decree. Cleanup has been progressing
over the last decade. Presently the trustees or the principle responsible parties (PRP's)
are preparing final plans to construct the site cap which consists of polyliners and soil
material similar to capping the Kent Highlands landfill.
Capping the site is a fairly extensive process and requires approval from the Environmental
Protection Agency and the Department of Ecology. Because of the federal mandated
status of the superfund site, once the cap is in place it should not be disturbed.
The 196`h Street Corridor includes a 1,000 foot long bridge that will cross over both the
Union Pacific railroad tracks and the Burlington Northern railroad tracks. The west
approach to this bridge would include a fill over the Western Processing site. Construction
of this fill must coincide with construction of the superfund site cap by the Western
Processing trustees. If the construction of the embankment is not done concurrent with
the site cap, the City would undoubtedly incur additional expense and delay, and could not
proceed without a separate approval from the Environmental Protection Agency.
Staff and the trustees, as well as the Environmental Protection Agency and the Department
of Ecology have coordinated on this issue for the last several years. The Trust has agreed
to construct the embankment, and a culvert crossing over Mill Creek as part of their
remediation work on the site. This is necessary to avoid having two or more Contractors
in the same area simultaneously, which becomes problematic. In addition, the City or the
City's Contractors are not allowed within the legal boundaries of the superfund site, unless
allowed by the Environmental Protection Agency. In past discussions with the EPA, they
have made it clear that we cannot interfere with the site cleanup work by the Trust or the
Trust's Contractor. Therefore it is necessary to utilize one Contractor to do this work. To
accomplish this work the City will need to sign a contract with the Trust to install the
embankment and culvert for the City within the superfund site. Because the Trust wants
to begin this work in early July, we are here seeking the Committee's concurrence
therewith along with authorization for the Mayor to sign the Agreement once it is
developed. Our intent is, upon Committee's concurrence this item will be placed on the
June 16' Council agenda for formal action. Prior to said Council meeting, at the June 151
Public Works/Planning Committee meeting, we hope to present the actual Agreement for
the Committee's concurrence.
MOTION: Authorize the Mayor to sign the Agreement with Trust for certain 196`' Street
Corridor improvements subject to concurrence with the terms and conditions
thereof by the Public Works Director and City Attorney.
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PUBLIC WORKS/PLANNING COMMITTEE MINUTES
June 1, 1998
Present: Tim Clark Don Wickstrom
Rico Yingling Jim Harris
Tom Brotherton
Railroad Franchise Agreements
Wickstrom said we reviewed all our franchises granted to the Railroad over the
history of the City and have found some were issued in perpetuity which we cannot
do under state law. What we have today is a `clean-up' proposal of all our
outstanding franchises. He stated there are some that require repealing and some,
even though repealed, we will end up renegotiating with the Railroad. Wickstrom
asked for the Committee's authorization to repeal those that are requested in the
Ordinance and renegotiate the others.
In response to Clark's question of whether this has anything to do with the grade
separation project, Wicicstrom said it stems from an issue with the 196`' Street
Corridor.
Brotherton asked why we should renegotiate some franchises that have expired and,
do they still exist without renegotiations or, do the expired franchises have any
harmful impacts on the City? Wickstrom said it does have an impact as it relates to
the use of public streets; we do not want to set a precedent for all the other
franchisees. We need to bring everything up to date and address all our franchisees
the same way.
Committee unanimously recommended proceeding with authorization of repealing of
certain specific franchise ordinances and, authorize renegotiations of others.
Western Processing Trust Agreement
Wickstrom said that this is part of our 196`h St. Corridor project. We will be crossing
a part of the Western Processing property and we will be working through
Environmental Protection Agency (E.P.A.) however, Western Processing is willing to
work with us. Wickstrom noted that the Trust is proceeding with capping the
Western Processing site. As part of that, they are anxious to do this because it will
help them move through their regulatory process to close out that site and to build
the ramp to the bridge over the tracks. He explained that this is a great opportunity
for us because E.P.A. would go along with the Trust; they work out all the issues; the
Trust will be building the ramp and this will save us from dealing with regulatory
issues and contractor issues working on a hazardous waste superfund site.
Wickstrom said that they are on a fast track hoping for an award date of July I".
At this point we only have the concept and we are presenting to this Committee the
idea that it's in our best interest to proceed and authorize the Trust to do the work
and we would reimburse them for the cost. He said the work would be completed
and we would get E.P.A.'s concurrence with implementation of the project.
Wickstrom requested authorization for the Mayor to sign an agreement once the
Public Works Dept and the City Attorney concurs with the language. We will place
it on the next Council meeting however, at the next Public Works/Planning
Committee, we will actually bring the document back for your review and it would
then be placed on the following Council agenda for adoption. He said that would
meet their time frame for construction.
For clarification, Wickstrom explained that capping a site inhibits any penetration of
rainwater. They have a slur v,,wall which essentially, encapsulates the site. At a
certain depth, there is hardpan which prevents bad material from penetrating into the
deeper groundwater. With regard to coordination, Wickstrom noted that our
coordination will be giving them the design for our approach ramp to the bridge and
they will build it.
Brotherton noted that E.P.A. needs to approve this and sometimes different agencies
have different requirements and this could take longer then we expect. Should that
occur, how much are we committing to this particular agreement and therefore
becoming more dependent on E.P.A.'s final approval before we proceed? Wickstrom
stated that E.P.A. will not give us separate approval. They will approve the Trust's
final plan. The Trust will build the ramp and that's all E.P.A. is concerned about
since the roadwork doesn't require a permit. He noted that the slurry wall is on the
south side of 196`t' which has been the property line of Western Processing and
everything north of 196", which is part of the Western Processing site will not be in
that capsulated site because, according to the Trust, it has been cleaned up
sufficiently. E.P.A. says it can be put back into use and our road skirts that property
line with a fill going onto the Western Processing site. Brotherton asked if we need
E.P.A.'s approval. Wickstrom said this would resolve how we get that approval
because, they won't officially approve a plan we have. He said the road is going
through and this limits our liability and essentially will expedite the permit process.
Committee unanimously recommended authorization for the Mayor to sign the
Agreement with Western Processing Trust for certain 196`' Street Corridor
improvements, subject to concurrence with the terms and conditions thereof by the
Public Works Director and City Attorney.
In response to Clark, Wickstrom explained that the `Trust' is a conglomerate of the
principal and responsible parties with Boeing being the major player and the lead
agency.
Meeting adjourned: 4:15 p.m.
Kent City Council Meeting
Date June 16, 1998
Category Other Business
1 . SUBJECT: SWAN COURT II PRELIMINARY PLAT #SU-98-5
2 . SUmmARY STATEMENT: This date has been set to consider the
Hearing Examiner' s recommendation for conditional approval of
an application by Terry Ferguson for a 12-lot single-family
residential preliminary subdivision. The property is located
at the southeast corner of 112th Avenue SE and SE 240th Street.
i
3 . EXHIBITS: Hearing Examiner' s Findings and Recommendation
issued on April 29, 1998 .
4 . RECOMMENDED BY: Hearing Examiner
(Committee, Staff, Examiner, Commis ion, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMFACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION
Councilmember �.' Z� moves, Councilmember d-L'v' seconds
to approve the Hearing Examiner' s recommendation of approval
with conditions of the Swan Court II preliminary plat.
DISCUSSION:
ACTION:
Council Agenda
Item No . 4A
CITY OF LE. JS 2t
Jim White, Mayor
Planning epartment (253)859-3390/FAX(253) 850-1544
James P. Harris, Planning Director
OFFICE OF THE LAND USE HEARING EXAMINER
(253) 859-3390 Theodore P. Hunter
Hearing Examiner
FINDINGS, CONCLUSIONS AND RECOMMENDATION
FILE NO: SWAN COURT II #SU-98-5
APPLICANT: Baseline Engineering, Inc.
REQUEST: A request to subdivide approximately 4.6 acres into 12 single-family
residential lots.
LOCATION: The property is located at the southeast corner of the intersection of
112" Avenue SE and SE 240`h Street.
APPLICATION FILED: February 9, 1998
DETERMINATION OF
NONSIGNIFICANCE ISSUED: January 12, 1998
MEETING DATE: April 15, 1998
RECOMMENDATION ISSUED: April 29. 1998
RECOMMENDATION: APPROVED with conditions
STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department
Sarah Bradley, Planning Department
Gary Gill, Public Works Department
PUBLIC TESTIMONY: Terry Ferguson for Baseline Engineering
EXHIBITS: 1. Hearing Examiner file containing application,
staff report, Determination of Nonsignificance
and public notice.
2204th AVENUE SOUTH / KENT. %AASHINGTON 98032-i89i TLLEPHONE (153)859-3100
Hearing Examiner's Findings and Recommendation
Swan Court II
#SU-98-5
INTRODUCTION
After due consideration of all the evidence presented at public hearing on the date indicated above,
and following an unaccompanied personal inspection of the subject property and surrounding area
by the Hearing Examiner at a time prior to the public hearing, the following findings, conclusions
and recommendation are entered by the Hearing Examiner on this application.
FINDINGS
1. Applicant proposes to subdivide approximately 4.6 acres into 12 single family residential
lots on property located at the southeast corner of the intersection of 112" Avenue SE and
SE 2401" Street, Kent, Washington. The average lot size is approximately 6,400 square foot.
The subject property is rectangular in shape. Lots 1 through 8 are located in the north and
northeast portion of the property. Lots 8 through 12 are located on the west side of the
property and will be separated from the lots on the north by a proposed residential street.
Staff Report, Application, Preliminary Plat Site Plan.
2. One existing house and two accessory buildings are located on the property. Approximately
one acre of wetlands exists on the southern portion of the property. The site is covered with
trees, shrubs, and wetland vegetation. The topography is gently rolling with slopes ranging
from 3%to 10%. The applicant proposes to protect the existing wetland on the southern end
of the property and approximately 11,450 square foot of created wetland within a separate
Sensitive Area Tract or Easements deeded to the City. Staff Report, Preliminary Plat
Application; Testimony of Terry Ferguson.
I The Kent Comprehensive Plan Land Use Map designates the site as SF-6, Single Family
Residential with six units per acre maximum density and a 5,700 square foot minimum lot
size. Land uses in the immediate area are single family and multifamily residential. Staff
Report; Site View.
4. The site will take its primary access from SE 240' Street which is classified as a Minor
Arterial with a 58 foot paving width. The applicant proposes to make improvements to 112'
Avenue SE and construct a new road extending from 112" Avenue SE and ending with a
cul-de-sac on the subject property. The improvements and constructions would be in
conformance to the requirements in the City's Construction Standards for Residential Streets.
The applicant will also provide a traffic impact study to identify all traffic impacts to the City
caused by the proposed development and construct improvements to mitigate those impacts.
Exhibit 1, Staff Report; Exhibit 1, Mitigated Determination ofNonsignicance.
2
Hearing Examiner's Findings and Recommendation
Swan Court II
#SU-98-5
5. The City will provide water and sanitary sewer service with on-site extensions of existing
mains and pipes. The applicant proposes to construct a gravity sanitary sewer system that
serves all lots and a water system meeting domestic and fire flow requirements for all lots.
Exhibit 1, Application; Testimony of Terry Ferguson.
6. The Public Works Department has reviewed and given preliminary approval to applicant's
preliminary drainage plan. The plan includes downstream analysis, facility sizing analysis,
and conceptual design. The applicant proposes to construct an on-site detention/retention
pond system, roof downspout infiltration trench systems, and an open-to-the-air stormwater
treatment system to mitigate against the impacts of stormwater runoffs. Although an
infiltration pond system is the preferred method of stormwater treatment, a system whereby
stormwater is dispersed into wetland by controlled release may be sufficient to mitigate
against impacts given the type of soil associated with site. Exhibit 1, Staff Report, Storm
Drainage Report, Drainage Plan and Wetland Review Status; Testimony of Gary Gill.
7. The Parks Department concluded that the proposed subdivision will impact parks and
recreation facilities in the vicinity, particularly East Hill Park. Thus, as a condition of
approval, the applicant has agreed to dedicate five percent of the total property as open space
or pay a voluntary fee in lieu of dedication pursuant to Ordinance No. 2975. Exhibit 1,Parks
Dept. Data Sheet; Testimony of Terry Ferguson.
8. A Mitigated Determination of Nonsignificance (MDNS) was issued on January 12, 1998
(4ENV-97-75) which included eight conditions relating to traffic, street, and wetland
impacts. No appeal of the MDNS was filed. Exhibit 1, MDNS.
9. Notice of the public hearing was mailed to landowners located within 300 feet of
site and posted on the property on April 3, 1998. Exhibit 1, Affidavits of Notice.
10. Although no one objected to the proposed subdivision at the public hearing, the Applicant
raised some concerns regarding several conditions to which the City responded accordingly.
First, the Applicant proposed substituting an infiltration pond system in condition l.c.ii
(Page 12 Staff Report) with a method of stormwater dispersion into wetland by controlled
release. The City agreed that the controlled release method could work as a stormwater
control system because of the type of soil associated with East Hill. Second, the Applicant
raised concern about condition l.g (Page 14 Staff Report)regarding construction of concrete
sidewalks on both sides of I l2`"Avenue SE because Applicant believed they would only be
responsible for building a sidewalk on one side. The City responded that"both sides" in the
condition referred to the plan only and actual construction of sidewalks is needed for one side
of the street only. Finally, the Applicant asked whether a marked walkway could substitute
for the required construction of a cement concrete sidewalk in condition 1.h (Page 14 Staff
Report) extending from the pedestrian bridge to west side of 112`h Avenue SE. The City
3
Hearing Examiner's Findings and Recommendation
Swan Court II
4SU-98-5
KCC 12.04.430 which provides for the protection of valuable, irreplaceable environmental
amenities so that urban development may be as compatible as possible with the ecological
balance of the area including preservation of drainage patterns, protection of ground water
supply, prevention of erosion and preservation of trees and natural vegetation.
KCC 12.04.440 which specifies requirements for utilities including sanitary sewers, a proper
drainage plan and a proper water distribution system.
KCC 12.04.450 which requires due consideration to the allocation of public service usage
areas and due regard for all natural features including large trees, water courses, historical
spots and other community assets that would add attractiveness and value to the property.
KCC 12.04.490 which provides for mitigation of any adverse effects of development upon
the existing park and recreational facilities in the City of Kent.
RCW 58.17.110 which requires an inquiry into the public use and interest proposed to be
served by the subdivision and a determination "that appropriate provisions are made for
public health, safety and general welfare and for such open spaces, drainage ways, streets or
roads, alleys, or other public ways, transit stops, potable water supplies, sanitary wastes,
parks and recreation, playgrounds, schools and school grounds and all other relevant facts,
including sidewalks and other planning features that assure safe walking conditions for
students who only walk to and from school.
Conclusions
1. Applicant proposes to subdivide approximately 4.6 acres into 12 single family residential
lots on property located at the southeast corner of the intersection of 112 th Avenue SE and
SE 240`l Street, Kent, Washington. The average lot size is approximately 6,400 square foot.
The subject property is rectangular in shape. Lots 1 through 8 are located in the north and
northeast portion of the property. Lots 8 through 12 are located on the west side of the
property and will be separated from the lots on the north by a proposed residential street.
Finding of Fact No 1.
2. The proposed subdivision conforms with the regulations of the Subdivision Code. The
general vicinity in which this project is proposed has seen a large amount of ill
development. While allowing for development of single family homes, this proposal will
protect and buffer existing wetlands and provide on-site detention of stormwater runoff. This
development will enhance a rapidly developing neighborhood of moderate income homes
which is in character with existing development in the vicinity. Conditions applied to this
proposal will ensure that it conforms with city codes and the comprehensive plan. Also, as
conditioned, the proposed subdivision will contain appropriate provisions for the public
5
Hearing Examiner's Findings and Recommendation
Swan Court II
#SU-98-5
health and welfare, open spaces, drainage ways, streets, water supply, sewage disposal,
parks, and schools. Findings of Fact No. 2 - 8, 10.
RECOMMENDATION
Based upon the preceding Findings of Fact and Conclusions, the Hearings Examiner recommends
this application for preliminary plat be APPROVED, subject to the following conditions:
A. GENERAL CONDITIONS OF APPROVAL:
1. The Owner/Subdivider shall implement all mitigation measures required by the
Determination of Nonsignificance for SEPA checklist 4ENV-97-75 for Swan Court
II.
B. PRIOR TO RECORDING THE SWAN COURT II SUBDIVISION:
1. The Owner/Subdivider shall receive approval for engineering drawings submitted to the
Department of Public Works for review and approval, and either construct or bond for
the following:
a. A gravity sanitary sewer system to serve all lots. The sewer system shall be extended
from the existing City sanitary sewer system and shall be sized to serve all off-site
properties within the same service area.
b. A water system meeting domestic and fire flow requirements for all lots.
c. Detailed Drainage Plans which show how the 100-year post-developed stormwater
runoff from this development will be collected, conveyed, stored, treated and
released to the City stormwater drainage system in compliance to the Kent
Construction Standards.
i. The Owner/Subdivider shall construct an on-site detention/ retention pond
system in accordance with the Kent Construction Standards to mitigate for
potential impacts to stormwater runoff quantity. The detention/retention
storage volume and release criteria shall be that for the HILLS; the pre-
development condition shall be assumed to be forest/grass only unless
otherwise determined by the Director.
ii. Dispersion of stor nwater into wetland by controlled release may mitigate
stormwater impacts.
6
Hearing Examiner's Findings and Recommendation
Swan Court II
#SU-98-5
iii. Roof downspouts for each house and garage shall be directed to Roof
Downspout Infiltration Trenches meeting the requirements of the Department
of Public works including overflow pipes connected to an approved
conveyance system. The Detailed Drainage Plans will include an approved
detail for the Roof Downspout Infiltration Trenches, and will provide private
stormwater stubouts to each lot for future connection to the Roof Downspout
Infiltration Trenches. The face of the final plat/short plat shall contain the
following restriction:
AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES
CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE
ROOF DOWNSPOUT INFILTRATION TRENCH SYSTEMS PER
DETAILS SHOWN ON THE APPROVED STORMWATER PLANS.
iv. The required downstream analysis for this development will include an
analysis for capacity, erosion potential, and water quality from the point of
discharge from the site downstream to 108th Avenue Southeast, or a distance
of at least one quarter mile, whichever distance is further.
(a) This downstream analysis will clearly identify the existing and future
capacity of each link in the drainage system for the appropriate
downstream reach since a 100 percent infiltration retention facility is
not being used.
(b) Should downstream capacity be insufficient to convey the 25-year, 24-
hour peak flow rate, the Owner/Subdivider shall either provide
necessary off-site improvements to convey the 25-year, 24-hour design
peak flow, OR further detain/retain stormwater and restrict the release
rate of stormwater to ensure that the capacity of the existing conveyance
system will not be exceeded.
(c) In addition, the Owner/Subdivider's design engineer shall identify all
downstream reaches which cannot convey the 100-year, 24-hour design
storm without overtopping or pressure flows.
(d) Similarly, should an erosion problem be exacerbated by the proposed
release conditions, then the Owner/Subdivider will have to further
restrict the release of stormwater from this development, or to provide
suitable off-site mitigation.
v. The Owner/Subdivider shall submit a Landscape Plan for within and
surrounding the detention facility to the Kent Planning Department and the
7
Hearing Examiner's Findings and Recommendation
Swan Court II
#SU-98-5
Department of Public Works for review and approval prior to, or in
conjunction with, the approval of the Detailed Drainage Plans.
vi. The Owner/Subdivider shall execute Declaration of Stormwater Facility
Maintenance Covenants prepared by the Property Management Section of the
Department of Public Works for the private portions of the stormwater
system.
d. An open-to-the-air stormwater treatment system in accordance with Kent
Construction Standards to mitigate for potential impacts to stormwater runoff
quality. Acceptable stormwater treatment facilities meeting this requirement in their
preferred order include: infiltration after pretreatment; biofiltration swales; wet
ponds; extended detention ponds; and created wetlands. Alternatives and
experimental treatment facilities will be evaluated on a case-by-case basis by the
Department of Public Works.
i. The stormwater treatment system shall be within the approved
retention/detention facility tract.
ii. Easements for biofiltration swales across private lots will not be acceptable to
meet this requirement.
e. A Detailed Grading Plan for the entire subdivision which includes provisions for
utilities, roadways, retention/detention ponds, stormwater treatment facilities, and
a building footpad for each lot. These plans shall be designed to eliminate the need
for processing several individual Grading Permits upon application for Building
Permits: phasing of grading on a lot-by-lot basis will not be considered.
f. A Temporary Erosion/Sedimentation Plan for the entire subdivision which reflects
the Detailed Grading Plan discussed above, and an approved Tree Plan.
g. Street Improvement Plans for 112th Avenue Southeast, in conformance with the
requirements for a Residential Street as described in the City of Kent Construction
Standards and in the DNS for ENV-97-75, including, but not limited to: 5-foot
cement concrete sidewalks on both sides to be shown on the plans; 36-feet of paved
street section for the left turn lane; 28-feet of paved street section south of the
pavement width transition from 36-feet; City-approved street lighting system; public
stormwater drainage and treatment facilities; and other street appurtenances. In
addition to the requirements specified in ENV-97-75, the approved design for the
south end of 112th Avenue Southeast shall also accommodate the sidewalk
improvement specified in the condition which follows.
8
Hearing Examiner's Findings and Recommendation
Swan Court II
#SU-98-5
h. A 5-foot wide safe pedestrian connection from the end of the pedestrian bridge and
asphalt walkway constructed for the Benson Highlands Plat, extending westerly
across the south terminus of 112th Avenue Southeast to the 5-foot cement concrete
sidewalk to be constructed along the west side of 112th Avenue Southeast: a
distance of approximately 28 to 32 feet.
i. Street Improvement Plans for the plat road terminating with a cul-de-sac at its east
terminus. The plat street shall be in conformance to the requirements for a
Residential Street as described in the City of Kent Construction Standards and in the
DNS for#ENV-97-75, including but not limited to: 5-foot cement sidewalks on both
sides; at least 32 feet of paved street section; City-approved street lighting system;
public stormwater drainage and treatment facilities; and minimum right-of-way
width of 49 feet.
j. Street Light Plans meeting the requirements of the City of Kent and prepared by a
qualified professional engineer licensed by the State of Washington.
2. A Tree Plan detailing clearing limits, trees to be removed, caliper and type. All trees of
six inch or greater caliper must be shown on the tree plan. No grading plans or
construction of utilities will be allowed prior to Planning Department approval of a tree
plan.
3. The Owner/Subdivider shall dedicate all necessary public right-of-way for the
improvements listed in Sections A & B and shall provide all public and private
easements necessary for the construction, operation and maintenance of the required
improvements identified in Sections A & B, above.
4. The Owner/Subdivider shall permanently protect the approved and preserved, and/or
enhanced, or created wetland(s) and it's buffer(s) by creating a separate Sensitive Area
Tract and deeding the tract in fee simple to the City, OR by granting a Sensitive Area
Easement to the City for the entire sensitive area. This Sensitive Area Tract or Easement
shall be consistent with the wetland and wetland buffer map contained within the
approved Wetland Delineation Report and/or approved Wetland Mitigation Plan as
appropriate, unless otherwise approved. The Owner/Subdivider shall provide a legal
description of said easement or tract prepared by a licensed land surveyor, prior to
issuance of any construction permits. The Sensitive Area Tract and the following
language shall be included on the face of the recorded plat:
SENSITIVE AREA TRACTSIEASEMENTS
DEDICATION OF A SENSITIVE AREA TRACT/EASEMENT CONVEYS TO THE
PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT. THIS
9
Hearing Examiner's Findings and Recommendation
Swan Court II
#SU-98-5
INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR
ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND
WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION,
MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING,
AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE
HABITAT. THE SENSITIVE AREA TRACT/EASEMENT IMPOSES UPON ALL
PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT
TO THE TRACT/EASEMENT THE OBLIGATION, ENFORCEABLE ON BEHALF
OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL
TREES AND OTHER VEGETATION WITHIN THE TRACT. THE VEGETATION
WITHIN THE TRACT MAY NOT BE CUT, PRUNED, COVERED BY FILL,
REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE
CITY OF KENT.
THE COMMON BOUNDARY BETWEEN THE TRACT/EASEMENT AND THE
AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE
FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY
CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER
DEVELOPMENT ACTIVITY. THE REQUIRED MARKING OR FLAGGING
SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE
VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED.
NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS
(INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS AND
OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA
TRACT/EASEMENT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE
CITY.
THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC UTILITY
SYSTEMS AND FACILITIES WITHIN THIS SENSITIVE AREA TRACT AND
MAY DISTURB THE SURFACE OR CUT VEGETATION WITHIN THE TRACT,
BUT THE CITY SHALL RESTORE OR ENHANCE THE SENSITIVE AREAS
DISTURBED UPON COMPLETION OF CONSTRUCTION.
5. After construction, the wetland and buffer areas shall be isolated from intrusion and/or
disturbance using landscaping, or other appropriate screens, as well as an approved
permanent wildlife-passable fence. In addition, wetland information signs approved by
the Department of Public Works shall be placed at the wetland buffer edges to inform
and educate owners and nearby residents about the value of wetlands.
6. The Owner/Subdivider shall waive abutter's access rights to Southeast 240th Street
across the entire subdivision, and the face of the plat shall carry the following:
10
Hearing Examiner's Findings and Recommendation
Swan Court II
#SU-98-5
.. "RESTRICTION: Direct vehicular access to Southeast 240th Street is prohibited
from all lots within this subdivision."
7. The Department of Public Works must approve As-Built Drainage Plans for the entire
site prepared by a professional land surveyor licensed in the State of Washington in
conformance to the requirements of Appendix "E" of the City of Kent Construction
Standards prior to release of any construction bonds.
8. The developer or applicant shall dedicate five (5) percent of the total property being
developed as open space or pay a voluntary fee-in-lieu of dedication as set forth in
Ordinance No. 2975.
C. PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS FOR ANY LOT IN THE
SWAN COURT II SUBDIVISION (#SU 98-5), THE OWNER/SUBDIVIDER, SHALL:
1. Execute the Stormwater Facilities Maintenance Covenant.
2. Construct the improvements required in Sections A and B, above, as well as those
Execute the Environmental Mitigation Agreement and the Signal Participation
Agreement required by the DNS for#ENV-97-75.
3. Construct the improvements required in Sections A and B, above, as well as those
required as part of the DNS for this subdivision.
Dated this 291h day of April, 1998.
w7ohw m"
THEODORE PAUL HUNTER
Hearing Examiner
APPEALS FROM HEARING EXAMINER RECOMMENDATION
ORDINANCE 3320 (exceMt): The action of the city council, approving, modifying, or rejecting
a recommendation or decision of the hearing examiner, shall be final and conclusive, unless within
twenty-one (21) calendar days of the city council action, an appeal is filed with the Superior Court.
11
Kent City Council Meeting
Date June 16, 1998
Category Other Business
1 . SUBJECT: HORSESHOE ACRES ANNEXATION, 10% PETITION #AN-98-1
2 . SUMMARY STATEMENT: The City has received a Notice of
Intention to Commence Annexation Proceedings from owners of not
less than 10% in value of property adjacent to Kent . The
proposed annexation is located south of S . 259th Street and
between the Green River and the Burlington Northern - Santa Fe
Railroad.
3 . EXHIBITS: Staff report
4 . RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL./PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS: _
7 . CITY COUNCIL ACTION:
Councilmember -L (it.K moves, Councilmember ( seconds
to accept the 10 percent annexation petition and to authorize
the circulation of the 60 percent petition for the proposed
Horseshoe Acres Annexation.
DISCUSSION:
ACTION:
Council Agenda
Item No. 4B
CITY OF :_Q_, S�J •.
Jim White, Mayor
Planning Department (253)859-3390/FAX(253) 850-2544
James P. Harris, Planning Director
MEMORANDUM
June 16, 1998
MEMO TO: Mayor Jim White and City Council members
FROM: James P. Harris, Planning Director
SUBJECT: HORSESHOE ACRES ANNEXATION: NOTICE OF INTENTION TO
COMMENCE ANNEXATION PROCEEDINGS FROM OWNERS OF NOT
LESS THAN 10% IN VALUE OF PROPERTY ADJACENT TO KENT
(#AN-98-1)
MEETING DATE: JUNE 16, 1998 IN COUNCIL CHAMBERS WEST AT KENT CITY
HALL,
RECOMMENDATION:
Staff recommends that the City Council accept the 10% annexation petition and recommends
that the Council authorize circulation of the 60% petition subject to the City's existing
indebtedness.
I. Names of Petitioner
John Solberg, V.P.
OPUS Northwest, LLC
200 112`h Avenue N.E.
Bellevue, WA 98004
II. Location
The proposed annexation is generally located south of Kent and lies between the Green
River and the Burlington Northern-Santa Fe Railroad and between South 259`h Street and
the Green River.
The main street system serving the area consists of 801h Avenue South which goes south
from South 259`h Street and curves westerly to become South 261" Street for a short
distance and then turns southerly to become 79`h Avenue South. 7911T Avenue South, after
going south for a considerable distance, curves to the east to become South 266`h Street
which goes easterly under the Burlington Northern-Santa Fe Railroad and on to connect
with South Central Avenue.
-0lIh VA'ENI E S01TH KI N1,%�ASIII,A(;TO\'1'1) ' 1";' 'I I PHO M N�')-1110
Memo To: Mayor Jim White and City Council Members
Re: Horseshoe Acres Annexation: 10% Petition
Page 2
III. Size of the Proposed Annexation
The proposed annexation is approximately 36 acres.
IV. Backeround Information
There are approximately 15 single family dwelling units in the proposed annexation. The
estimated population of the annexation is 42 persons (Washington State calculates single
family residential occupancy as 2.8175 persons per single family dwelling).
There are a number of industrial type land uses interspersed throughout the proposed
annexation.
A majority of the properties in the annexation area back up to the Green River and fall
within King County's Shoreline Master Program.
V. King Countv's Comprehensive Plan and Zonine
King County's Comprehensive Land Use Map's land use designation for the Horseshoe
Acre area is industrial.
The County's zoning for the area is industrial except for three parcels which are zoned
single residential, one dwelling unit per acre.
VI. Kent's Comprehensive Plan Designation
Kent's Comprehensive Plan designation for the Horseshoe Acres annexation is industrial.
Kent has not prezoned this area.
Upon annexation to the City, staff will analyze the existing County Comprehensive Plan
landuse designation to determine its appropriateness for Kent and will make a
recommendation to the Land Use and Planning Board to amend Kent's Comprehensive
Plan by adding the Horseshoe Acres area to the plan. The Board will ultimately make a
recommendation to the City Council who will make the final decision as to what
Comprehensive Landuse designation will be placed on land in the Horseshoe Acres
annexation area and what the implementing zoning designation will be.
VII. Impacts to City Operations
All City departments were contacted concerning this proposed annexation. Department
comments are as follows:
FIRE DEPARTMENT
The Fire Department states, "This area is served by the Kent Fire Department and would
not provide a significant problem as long as any new construction would provide for
Memo To: Mayor Jim White and City Council Members
Re: Horseshoe Acres Annexation: 10% Petition
Page 3
adequate water and stmets an4 built-in fire protection where needed as required by the
Fire Marshal's O
PUBLIC WORKS DEPARTMENT
SEWER
The annexation area is in the City's sewer service area; however, no sanitary sewer lines
presently exist to provide service to properties. A City sewer pumping station does exist
at the intersection of 801h Avenue South and South 261" Street , thus sewer lines could be
extended to service the area( a developer is presently extending sewer lines in the area
which will provide sewer service to the bulk of the annexation area and will cause sewers
to immediately be available for connection to development in the area.) No significant
sewer utility capital or operational expenses are anticipated as a result of this proposed
annexation.
STORM WATER
There is no storm drainage system in the annexation area. A pending development (River
Bend Commercial Center) will take care of the storm drainage on the southerly half
79`h Avenue South and on South 266`h Street. There will be a need for a drainage system
on the northerly half of 79`h Avenue South and on South 261s' Street. There is a large
open ditch on the east side of 80'h Avenue South (adjacent to the Burlington Northern-
Santa Fe tracks). This ditch has no outlet.
The levee system along the Green River has recently been upgraded by the Army Corps
of Engineers to provide 100 year flood protection to adjacent lands. Kent's share in this
project was approximately $23,000.
While the City's drainage maintenance and operation costs for this area will be minimal,
the capital needs over time could be significant. Although much of the capital need costs
will be born by new development and redevelopment, City drainage funds will still be
necessary.
Upon annexation, the City's initial drainage utility rate should be the same as that of the
area lying in the City immediately to the north which has similar problems and capital
needs. The present rate for the northerly area is $4.56 per ESU per month.
WATER
The proposed annexation is in the City's water service area and service is presently being
provided. Adequate water mains exist on all street to accommodate domestic and fire
flow requirements of the area upon its full development. No significant water utility
expenditures are anticipated.
Memo To: Mayor Jim White and City Council Members
Re: Horseshoe Acres Annexation: 10% Petition
Page 4
STREETS
South 2590' Street, 806' Avenue South, South 261" Street, 791h Avenue South and
South 266`h Street are all asphalt paved streets of approximately 22 feet in width with no
shoulders, sidewalks, curb and gutter, formal drainage system and street lighting; these
are basically rural roads.
The Street Division estimates approximately $40,000 in overlay costs to this street
system upon annexation. However, about half of that need will be addressed with
proposed River Bend Commercial Center development. New signs and mowing needs
are anticipated to be very minor.
POLICE DEPARTMENT
The Police Department suggests, as an aide to single person patrol cars and responding to
emergencies, that 801h Avenue South be renamed 1 st Avenue South since it is an
extension of Kent's existing I" Avenue South.
VII. Financial Information
At the present time the annual revenue from the proposed Horseshoe Acres annexation is
expected to be approximately $5.000. However, the proposed River Bend Commercial
Center will increase this revenue by an undetermined amount.
VIII. City Annexation Policies
On April 1, 1997 the City Council adopted a revised Annexation Policy document. This
annexation Generally meets the intent of these policies.
P:IJ/M-HI4N98 L DOC
Kent City Council Meeting
Date June 16, 1998
Category Other Business
1 . SUBJECT: ZONING CODE UPDATE - PHASE I #ZCA-98-1
2 . SUmKARY STATEMENT: The Land Use and Planning Board has
recommended approval of the proposed amendments to the Zoning
Code, Phase I . Phase I focuses on reformatting the Code to
make it more user-friendly" ensuring that the Code is con-
sistent with itself, other sections of the City Code and with
recent changes to State law.
3 . EXHIBITS: Staff memo, letter from Elizabeth J. Warman, Land
Use and Planning Board minutes, and proposed amendments to the
Zoning Code-Phase I
4 . RECOMMENDED BY: Land Use and Planning Board
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember .q( seconds
to approve -€Y the Land Use and Planning Board' s
recommendation of approval of the amendments to the Zoning
Code - Phase I and to direct the Attorney' s Office to prepare
an ordinance.
DISCUSSION: _
ACTION:
Council Agenda
Item No. 4C
CITY OF
Jim White, Mayor
= Jtq®IIO'II"A
Planning Department (253)859-3390/FAX(253)850-2544
James P. Harris,Planning Director
MEMORANDUM
JUNE 16, 1998
MEMO TO: JIM WHITE, MAYOR, AND CITY COUNCIL MEMBERS
FROM: KEVIN O'NEILL, SENIOR PLANNER
SUBJECT: ZONING CODE UPDATE(#ZCA-98-1)
Attached for your review is the final draft report for amendments to the zoning code, which are
proposed as part of Phase I of the zoning code update. These proposed amendments were
reviewed in workshops by the Land Use and Planning Board beginning in January. The Board
conducted their hearing on May 26, 1998, and recommended approval of the proposed changes
to the zoning code as outlined in the attached report. This item was reviewed by the City
Council of the Whole Committee on June 2, 1998.
The report does not include every section of the zoning code, but only those sections
recommended for revisions, plus any new or deleted sections. The exceptions to this are Chapter
15.03 (Districts Established, Zoning Map) which has been substantially increased to incorporate
the purpose language of each zoning district which is now found in Chapter 15.04; and Chapter
15.04 (District Regulations) which is attached in its entirety since the entire chapter has been re-
formatted. It should be noted that Chapter 15.04 as shown is substantially similar to the existing
chapter in content, but has been re-formatted to a tabular system. Proposed new language is
shown in bold and underlined text, while proposed deletions are shown as strike-outs.
Staff will be available at the June 16 City Council meeting to present the proposed amendments
to the zoning code and answer questions about the project.
KO\pm A:ACCZCMEM.DOC
CC: James P. Harris, Planning Director
Fred Satterstrom, Planning Manager
Ron McConnell, McConnell/Burke,Inc.
„(i4L11
CITY OF JG`.IL22 J
Jim White, Mayor
Planning Department (253)859-3390/FAX(253)850-2544
James P. Harris, Planning Director
LAND USE & PLANNING BOARD MINUTES
Public Hearing
May 26, 1998
The meeting of the Kent Land Use and Planning Board was called to order by Chair Brad Bell at
7:20 p.m. on Tuesday, May 26, 1998, in Council Chambers of Kent City Hall.
LAND USE & PLANNING BOARD MEMBERS PRESENT:
Brad Bell, Chair
Steve Dowell
Jon Johnson
Terry Zimmerman
LAND USE & PLANNING BOARD MEMBERS ABSENT:
Sharon Woodford, Vice Chair, excused
Ron Harmon, excused
David Malik, unexcused absence
PLANNING STAFF MEMBERS PRESENT:
James Harris, Planning Director
Fred Satterstrom, Planning Manager
Kevin O'Neill, Senior Planner
Pamela Mottram, Administrative Secretary
APPROVAL OF MINUTES
Board member Terry Zimmerman MOVED and Jon Johnson SECONDED a motion to approve the
January 26, 1998 minutes. The motion carried.
ADDED ITEMS TO THE AGENDA
None
COMMUNICATIONS
None
NOTICE OF UPCOMING MEETINGS
None
"1�1111 AA1V f No [ Ill hlA—I. AA AtilllAGlA > li ! I'l lilAI — �"— ;iui
Land Use and Planning Board Minutes
May 26, 1998
Page 2
#CPA-98-1 SCHOOL DISTRICT CAPITAL FACILITIES PLAN AMENDMENT
Jon Johnson MOVED and Steve Dowell SECONDED a motion to open the Public Hearing.
Motion carried.
Planning Manager Fred Satterstrom gave a brief synopsis of the proposed amendment. He explained
that this comprehensive plan amendment request is being heard outside of the City's annual review
period as it has been declared an emergency by the City Council.
Mr. Satterstrom stated that the City is allowed to collect school impact fees through the Growth
Management Act for residential development within the City of Kent. The City of Kent has been
collecting this fee for the Kent and Federal Way School Districts for three years. Mr. Satterstrom
said that for the City to continue collecting these fees the Capital Facilities Plans for both the Federal
Way and Kent School Districts need to be adopted by reference into the City of Kent's Capital
Facilities Plan.
Mr. Satterstrom explained that planning staff has reviewed the school's formula for charging school
impact fees to new residential development as it pertains to the Capital Facilities plan. He stated that
the plan takes into account site acquisition costs and elementary through high school facilities cost.
Mr. Satterstrom said the plan also factors in new student capacity cost based on a ratio of number
of new students per new residential construction.
Mr. Satterstrom explained that the formula used by the school districts to determine a fair impact fee
took into account the aforementioned factors minus the district match, the state match and other
funding sources.
Staff recommends that the Capital Facilities Element of the Kent Comprehensive Plan be amended
to adopt by reference the Capital Facilities Plans for the Kent and Federal Way School Districts.
Dan Moberly, 12033 SE 256th Street, Kent, WA represents the Kent School District as
Superintendent for Business. He referred to the Kent School District's Six-Year Capital Facilities
Plan while speaking at length on the factors used to calculate the amount of the impact fees.
Mr. Moberly explained for every 100 new homes built 84 more students need to be housed in a
school. He further stated that for every new residence approximately $15,700 of additional funding
is needed to allow for new facilities construction, staffing and student costs. Mr. Moberly stated the
State absorbs $4,300 of the $15,700 cost per student. The remaining $11,400 is absorbed by the
local school district. Mr. Moberly said that if the impact fee were perceived as property tax relief,
the $11,400 would become a property tax debt. Mr. Moberly stated that the impact fee has been
calculated to be $3,744 per residence and the remaining $7,700 to be absorbed by the local levy. He
explained that if the impact fee is approved, the local levy could be decreased to 49 percent. Thus
the impact fees would be 24 percent of the cost, the local levy would be 49 percent and the State
match would be 27 percent.
Land Use and Planning Board Minutes
May 26, 1998
Page 3
Mr. Moberly explained that the school district anticipates a growth of about 11,000 more residences
over the next five to eight years. He said that over this time period, the school district projects a
saving of approximately $50 million through school impact fees. Mr. Moberly emphasized that
school impact fees are not used for operational costs but strictly for student housing construction.
Fred High, 12033 SE 256" Street, Kent, WA 98031 represents the Kent School District as the
Executive Director of Finance. He spoke at length about the major changes in the plan currently in
effect within the City of Kent. Mr. High defined the school district's relationship between current
school construction and student enrollment projections over the course of the next six years for
kindergarten through senior high. He stated that the six-year financial plan is a key ingredient to the
Capital Facilities plan and stressed that the impact fee plays a significant roll in paying for the cost
of facilities.
Mr. High indicated current elementary capacity is approximately 12,300 students. This year 416
student spots have been added with the Kent Learning Center (an alternative school) configured as
an elementary school. Mr. High reported that the following schools have been constructed or are
scheduled for construction:
• Glenridge Elementary School opened in 1997.
• The newly constructed Kent Elementary School is scheduled to open December 1998 with the
addition of 295 more spots.
• Elementary School Number No. 29 is scheduled to open in 1999 with 540 spots.
• Elementary School No. 30 is scheduled to open in 2000 with 540 spots.
Mr. High explained that by using portables, the school district can adequately house students through
the year 2000; based on new school construction, the district's current enrollment capacity, and
enrollment projections.
Mr. High spoke at length about the need for adequate junior high and senior high student housing.
He stated that at the end of the six-year enrollment projection, housing would need to be found for
1500 more senior high students even with the addition of Kentlake Senior High School.
Mr. High reported that the following two factors have led to changes in the fee structure. These
factors have increased the single-family school impact fees from the plan currently in effect in Kent
by a net $69.00 and reduced multifamily impact fees by $48.
1. An increase in construction cost, with bids estimated at $9 million for Kent Elementary and
Elementary School #30 with the high school bid at $1 million under budget.
2. Tax credits have increased offsetting the cost.
Land Use and Planning Board Minutes
May 26, 1998
Page 4
Geri Walker,31405 18'Avenue South,Federal Way,WA has been employed in the Federal Way
School District Business Services department since 1988 and has been a resident of South King
County since 1976.
Ms. Walker stated that six elementary schools have been built, two reopened and a junior high built
during her tenure with the district. She explained that these facilities are at one-year capacity today.
The last schools were opened within the district two years ago and uses portables on site to house
students today.
Ms. Walker explained that with a strong economy and low vacancy rate, she foresees an increase in
new housing within Federal Way generating student growth. Ms. Walker stressed that the district
has set several goals focused on continuous improvement for student performance. She stated to
meet those goals adequate facilities are needed to house the students. She cited that 800 students are
currently housed in portables.
Ms. Walker spoke at length about Federal Way's six year planning forecast. She stated that school
impact fees play an integral roll in planning for new facilities. Ms. Walker explained that the Capital
Facilities Plan is just one tool to collect information on growth and plan for future student needs and
the continued collection of impact fees depends on the efficient use of the plan.
Ms. Walker attributed the increase in single family residents to two reasons:
• Site acquisition cost in the 1995 Capital Facilities plan was $4,500 per acre. The properties were
deeded to the Federal Way School District several years ago.
• The new plan is based on current negotiated site costs of$25,000 per acre.
Wayne Thueringer, 858 First Avenue North, Kent,WA voiced concern with the implementation
and control of school impact fees. He questioned if a contingency plan was in place to control the
amount of fees requested or to amend the portion of the law dealing with impact fees.
Mr. Thueringer stated that the original proposal for school impact fees was heard before the Council
four years ago and was resisted by the citizens of Kent, developers and realtors. The proposal failed.
Mr. Thueringer explained that a group was formed by the Chamber of Commerce to study the
impact of school impact fees on the residential market in Kent. He said the group included
Associated Builders and Contractors, Master Builders, South King County Realtors and Mortgage
Bankers as well as other interest groups concerned about the impact of school impact fees on the
residential market in Kent.
Mr. Thueringer stated that the Chamber of Commerce released a report in 1995 to recommend
lobbying for repeal of impact fee collections in conjunction with other chambers in the County. He
explained that even though the chambers presented their reports before the Council in opposition to
the impact fees, the fees were retained. Mr. Thueringer said a diverse group consisting of mortgage
Land Use and Planning Board Minutes
May 26, 1998
Page 5
banking interests was appointed by the Council President at that time, Christi Houser, to study
impact fees. Impact fees were approved.
Mr. Dowell stated his belief that the Land Use and Planning Board is not related to the group
appointed by President Christi Houser and questioned if the group was an official body. Mr. Dowell
explained that the Council is the official body elected by the citizens. The Council formed the Land
Use and Planning Board who is responsible for making recommendations to the Council. Mr.
Dowell said that to his knowledge, there has not been any input from groups other than those
representing the school districts at this hearing.
Mr. Thueringer reiterated his concern about how the difference in dollars would be obtained to meet
the six-year plans for Kent and Federal Way School Districts if we lose school impact fees.
Laurie Evezich , Assistant City Attorney with the City of Kent thanked Mr. Thueringer for his
comments and addressed his concerns. She stated that authorization for imposing impact fees was
coincidental with the implementation of the Growth Management Act by the Washington State
Legislature in 1990. Ms. Evezich explained that City Council has authority to direct local
jurisdictions to impose impact fees to the extent that they are done in accordance with the provisions
of RCW Chapter 82.02 and directed at the cost of new construction.
Ms. Evezich further explained that if the citizens of the State of Washington determine that they no
longer support this type of an impact fee program than the legislature could act at the state level to
repeal the provisions of the RCW. Ms. Evezich stated that a referendum could occur but was not
occurring at this time to her knowledge.
Ms. Evezich spoke at length about the process involved leading to the failure to implement the
impact fee program when Mayor Dan Kellerher was in office. She stated that during Mayor White's
tenure the impact fee program was implemented and that she was involved in that process. Ms.
Evezich explained that one provision to the plan included a low-income exemption into the City of
Kent Code Provisions under Chapter 12.13 of the Kent City Code.
Mr. Dowell discussed with Mr. High of the Kent School District, how impact fee rates are
determined based on assessed property evaluation which directly affects tax rates. Mr. High
emphasized that future need is the key in determining impact fees.
Connie Baesman, 10206 SE 224"' Street, Kent, WA has resided in Kent for 25 years. She has
served on the Kent School District Citizens Facilities Planning Committee. Ms. Baesman said that
she understands the need to adequately house students without placing undo burden on taxpayers and
has seen the Kent School District make a strong effort to do this.
Ms. Baesman stated that the Capital Facilities Plan is not changed on a yearly basis but merely
updated. A consistent formula is used to adjust fee rates based on different student generation
Land Use and Planning Board Minutes
May 26, 1998
Page 6
factors per district as well as land cost adjustments. These factors determine the raising or lowering
of rates.
Ms. Baesman explained that impact fees play a major roll in the development of new student
housing. She stated that for every dollar not collected in impact fees a $1.80 would be asked for
from the taxpayers. Ms. Baesman cited that in 1994 there was a $130 million bond issue which
along with impact fees and a state match extended the bond issue to cover $147 million worth the
facility needs.
Mr. Dowell stated his concern is that for a tax to be implemented it needs to be broad based and fair.
He felt that taxing builders or new homeowners does not equate fair. Ms. Baesman responded that
the equity issue is important. She explained that where a community is growing at a modest rate, it
becomes easier for taxpayers to handle new growth without a major struggle.
Ms. Baesman said that it is in the interest of the community that we maintain an efficient school
system with a good reputation and not a system that cannot pass its bond issues, is double shifting
or is over crowded.
Steve Dowell MOVED and Terry Zimmerman SECONDED a motion to close the public hearing.
Motion carried.
Steve Dowell MOVED and Jon Johnson SECONDED a motion to approve staffs recommendation
4CPA-98-1 School District Capital Facilities Plan Amendment to adopt by reference the capital
facilities plans of the Kent and Federal Way School Districts as an amendment to the City's
Comprehensive Plan . Motion carried unanimously.
#ZCA-98-1 ZONING CODE AMENDMENT PHASE I
Terry Zimmerman MOVED and Steve Dowell SECONDED a motion to open the public hearing.
Motion carried.
Senior Planner Kevin O'Neill stated that the present Zoning Code was adopted in 1973 with over
100 amendments made to it since that time. In 1996 staff felt that it was time to look at the code
from a broader perspective and the Council concurred. Staff felt it best to split this project into
phases. The first phase is to look at the code in terms of:
• reformatting it to make it user friendly for staff and the public,
• to clean up areas where the code is in conflict with itself or other sections of the Code,
• to bring into compliance with State law those sections that are currently not in compliance.
Mr. O'Neill stated that this project began one year ago by meeting with developers, architects and
Chamber of Commerce representatives as well as City departments to determine where the code was
not working well.
Mr. O'Neill covered the proposed changes to the Zoning Code by referencing the report entitled
Land Use and Planning Board Minutes
May 26, 1998
Page 7
"Summary of Proposed Updates to Title 15". He noted staff's recommended changes to definitions
in Chapter 15.02. He explained that several definitions were not up to date with City Code or State
Law. Terminology not being used was deleted. In addition, there was some terminology added as
well as revisions were made to current terminology.
Mr. O'Neill explained that Chapter 15.03 establishes current zoning districts and Phase I1 of the
Zoning Code update will look at possible change or consolidation of those districts. Phase II will be
a more public involved project. Mr. O'Neill explained that staff has taken the purpose language of
those zoning districts and moved them out of Chapter 15.04 and moved them into Chapter 15.03
which establishes those districts. Staff has made recommendations on amending the purpose
language of some of those zones to correlate with the comprehensive plan adopted in 1995.
Mr. O'Neill stated that staff recommends reformatting Chapter 15.04 by reorganizing and
consolidating the existing provisions into a tabular format. He stated that reformatting Chapter 15.04
would streamline the code and consolidate handouts to the public. This is a mechanism other
jurisdictions have used successfully in presenting information. Mr. O'Neill stated that staff has
added language defined with italicized and underlined words throughout Sec. 15.04 of the Zoning
code to clarify terminology.
Mr. O'Neill referenced two new categories in Sec. 15.04.020 "Modular homes" and "Accessory
living quarters". He defined modular homes as a manufactured home that must meet uniform
building codes and Accessory living quarters as a classification where a single unit would be allowed
in a commercial or industrial building as opposed to an accessory dwelling unit.
Mr. O'Neill said staff recommends (per Laurie Evezich's request) amending the definition proposed
for Sec. 15.02.004.a Accessory Living Quarters to read"Accessory living quarters
is a single residential unit in a commercial or manufacturing building which ase is skibeFdinme and
incidental to the commercial or manufacturing use." The purpose is to clarify this as a single unit.
Mr. O'Neill referenced Sec. 15.04.130 Resource Land Uses and Sec. 15.02 to explain new
definitions proposed for home daycare versus daycare centers based on 1994 state law changes
regulating daycare uses. Mr. O'Neill said that other substantive changes were reflected in Sec. 15.04
of Development Standards on page 21.
Mr. O'Neill said staff is recommending amending Sec. 15.05 Off-Street Parking and Loading
Requirements" by adding a section to allow for administrative flexibility to off-street parking and
by reformatting the parking use and parking garage section, making it easier to locate and understand
certain uses.
Mr. O'Neill explained that at the May workshop, the board asked about parking standards relating
to senior housing, auditoriums, and high schools. He stated that the City's consultant, Ron
McConnell reviewed parking standards for different jurisdictions. Mr. O'Neill said the results of
Land Use and Planning Board Minutes
May 26, 1998
Page 9
Mr. Dowell concurred that all the zoning code change requests are necessary. Mr. Johnson
questioned if staff had reviewed the Boeing letter and had any comment. Mr. O'Neill stated that
the first paragraph of the Boeing letter deals with Phase I and the second paragraph deals with the
agenda item relating to ESHB 1724.
Mr. O'Neill said staff recommends striking out Sec.15.02.031 "Easement" and adding to the
definition of Sec. 15.02.230 "Lot Area" the term including any easement area for clarification as
recommended by Laurie Evezich with the City Attorney's office.
Steve Dowell MOVED and Terry Zimmerman SECONDED a motion to recommend to the City
Council, #ZCA-98-1 Zoning Code Amendment Phase I with the recommendation to change the
senior housing parking space requirements. Motion carried.
#ZCA-98-2/SCA-98-1 1724 ORDINANCE-LAND USE PROCEDURES AMENDMENT
Terry Zimmerman MOVED and Steve Dowell SECONDED a motion to open the public hearing.
Motion carried.
Senior Planner Kevin O'Neill spoke about draft ordinance. Chapter 12.01 Administration of
Development Regulations. He referred to Laurie Evezich's memorandum in pointing out that State
Legislature adopted ESHB 1724 in 1995, a procedural law, which defines the term "project permit".
Mr. O'Neill defined project permits as building and land use permits, which includes conditional
use permits, shoreline substantial development permits and items heard before the hearing examiner.
Mr. O'Neill spoke at length about the project permit application framework and how the permit
process procedures will be administered as it relates to the ordinance. He referred extensively to the
Draft Code Revision for meeting ESHB 1724 provisions.
Mr. O'Neill said staff is recommending that the ESHB 1724 Draft Ordinance be moved forward to
the City Council along with Laurie Evezich's recommended procedural changes to the Subdivision
and Zoning Code as outlined in her memorandum of May 18.
Jon Johnson MOVED and Terry Zimmerman SECONDED a motion to close the public hearing.
Motion carried.
Mr. O'Neill summarized the information contained in the letter from the Boeing Company. He
stated the letter's first comment concerned a provision regarding clarification of the early
environmental review process. Mr. O'Neill defined the State Environmental Policy Act as a process
used for projects of a certain size and scope. Mr. O'Neill said the City of Kent feels that allowing
for an early review process shortens the time needed to identify conditions. This serves as a courtesy
to both the City and the applicants and meets the intent of SEPA. Mr. O'Neill explained that the
process involves:
Land Use and Planning Board Minutes
May 26, 1998
Page 10
• Receiving an environmental checklist on a project.
• The Planning Staff reviews the checklist and the Director would identify conditions.
• The applicant than submits their permit.
Mr. O'Neill clarified that ESHB 1724 does not allow the City to issue an environmental
determination without the permit application being submitted simultaneously.
Mr. O'Neill stated when an environmental checklist is submitted without an application, the
applicant must include a conceptual site plan proposal. Staff reviews the proposal. Potential
conditions are identified and notification is sent to the applicant. Mr. O'Neill explained that upon
receipt of the application, a formal determination is completed. Staff believes it benefits the
applicant to have the option of turning in their environmental checklist with or without their
application.
Mr. Harris stated based on ESHB 1724, if someone applies for a SEPA checklist along with his
permit and a Determination of Nonsignificance (DNS) is issued; the applicant could appeal.
However, the Hearing Examiner cannot hear the appeal because the applicant did not turn in their
SEPA checklist prior to submitting their building permit. Mr. Harris explained that the ESHB 1724
process will not allow a person to come in with an early application for SEPA and work with the
City in meeting the condition requirements prior to going to the expense of drawing up plans. He
said that staff would continue to process the SEPA checklists as before but not issue a final DNS
until the applicant has submitted their plans.
Mr. Dowell questioned if the potential existed for an applicant's building permit to be denied after
Mr. Harris had approved the SEPA. Mr. Harris responded that if denial were to occur, it would be
at the time of a permit application submittal. Mr. Harris stated that to his knowledge, there has not
been an occurrence where a permit has been turned down.
Mr. Harris stated that staff consistently informs the applicant at the time he submits his application;
if the property is zoned properly, necessary setback requirements, height limitations, landscaping,
off-street parking requirements and any other requirements pertaining to their property.
Mr. Harris explained that SEPA addresses the applicant's responsibility in sharing in the building
of a traffic light, curb gutters and sidewalks in front of their building in addition to doing a
biofiltration swale or other environmental issues not listed in the zoning code.
Mr. O'Neill addressed concerns brought up by Mr. Dowell in connection with City liability and
staffs commitment levels to the applicant. He stated that Planning Staff issues a letter to the
applicant explaining that by applying for this project under SEPA there are likely to be conditions..
The letter will include a caveat stating conditions may change when you bring in your plans. Mr.
O'Neill explained that staff is actively working with the City Attorney's office in further clarifying
the SEPA process.
Land Use and Planning Board Minutes
May 26, 1998
Page 11
Mr. O'Neill responded to questions addressed in the Boeing letter regarding shoreline permits. He
explained that the current Shoreline Master Program states that when a shoreline permit or
conditional use permit variance is appealed it is heard before the City Council and if necessary to
the Shoreline's Hearing Board. Mr. O'Neill stated that the Boeing letter recommends that appeals
go directly to the Shoreline Hearing Board. Mr. O'Neill commented that staff would prefer
maintaining a local appeal process prior to having an appeal move directly to the Shoreline Hearing
Board at the State level.
Mr. O'Neill addressed the final comment in the letter from Boeing regarding a section of the
ordinance regarding joint public hearings. Mr. O'Neill remarked that Boeing stated that an applicant
should be consulted of joint hearings organized by the city, state or federal agencies. Mr. O'Neill
concurred and stated that the "Draft Code Revision, Subsection B 12.01.040 "Process Decisions,
Project permit application framework" explains that the applicant has the right to request a joint
hearing and be privy to that decision. Mr. O'Neill reiterated his believe that it is the intent of the
ordinance to involve the applicant in the decision process. He stated he would send a letter to
Boeing clarifying the intent of the ordinance.
Steve Dowell MOVED and Jon Johnson SECONDED a motion to accept staff s recommendation
to approve and send to the Council, 9ZCA-98-2/SCA-98-1, the 1724 Ordinance(sic) relating to the
implementation of the Land Use Procedures Amendment.
Chair Bell stated that the memorandum of May 18, 1998 from the City Attorney's office be included
as part of the proposal to Council.
Ms. Zimmerman voiced her concern about recommending approval of the draft ordinance without
being given the time for the board to analyze the material. Ms. Evezich responded to her questions.
Ms. Evezich stated that staff recommends that the Board move to offer its recommendation to the
City Council that the new regulatory reform provisions be adopted and that the provisions of the
Kent City Code affected by the State law mandates be amended correspondingly as mandated by
State Law under RCW 36.70B.
Ms. Evezich explained to Chair Bell that certain pro%i sions of the Code were no longer necessary
due to streamlining the process for permit notification and the integration of environmental review
as part of the permit process.
Mr. Hams reiterated that the recommendation before the board is just one component involved with
implementation of ESHB 1724.
Conversation ensued between Mr. Dowell and Ms. Evezich regarding public bodies, ex parte
communication and conflicts of interest as it applies to the Board.
Land Use and Planning Board Minutes
May 26, 1998
Page 12
Ms. Evezich responded to Ms. Zimmerman's questions regarding a portion of KCC 12.04.250.
Discussion ensued regarding the period for appeal changing from thirty to twenty-one calendar days.
Chair Bell invited Laurie Evezich to present the Board with the provisions of "open record public
hearings" and specifically "ex parte communications" at a future workshop. Ms. Evezich concurred.
Steve Dowell MOVED and Jon Johnson SECONDED a motion to approve staff's recommendation
for #ZCA-98-2/SCA-98-1 1724 Ordinance (sic) Land Use Procedures along with the
recommendations of the Assistant City Attorney in her memorandum dated May 18, 1998. Motion
carried unanimously.
Chair Bell thanked the Planning staff for a job well done and Laurie Evezich for her attendance at
the meeting. He recognized the value of Mr. McConnell's input. Chair Bell noted his appreciation
to Jon Johnson for attending the meeting while he was ill in order to meet the quorum
Mr. Harris thanked the Board for their careful attention to the agenda items in clearing up issues that
needed clarification. Mr. Hams stated that the City Council appreciates the Board's
recommendations.
Jon Johnson MOVED and Terry Zimmerman SECONDED a motion to adjourn. Motion carried.
The meeting adjourned at 9:20 p.m.
Respectfully Submitted,
J
P. Harris
ary
U:\USERDATA\LUPB\MINUTES\98526MIN.DOC
2S3 BSO 25.:-
i ne eocmp"moany
P.O. Boa 37C7
Saame,WA 9812e-2207
May 23, 1998
Kevin O'Neill, AICP
Senior Planner
Planning Department, City of Kent
220 4`h Avenue South
Kent, WA 98032-5895
Dear Kevin,
TOE�HG Boeing has had an opportunity to review the proposed amendments to the Kent
zoning code which you , sent to us. You have done an excellent job of
formatting the zoning code to be more "user friendly," as well as to provide
conformity to ESHB 1724, the Regulatory Reform .-act. We also understand that
your second phase will consolidate some existing categories, include more
substantive changes and consolidate existing zoning diStriCLS.
Please accept the following comments knowing that we realize the process of you.
zorung code revisions is not entirely complete. In Provision E, puge 3, of the
Draft Code - Revision, Permit Process Framcwork,we are unsure how the
applicant would act a preliminary SE•PA, when an applicant has not vet provided
application materials for consideration? This needs to be further clarified.
In Provision B, page 4, Boeing would recommend that a shoreline per*nit appeal
should go directly to the Shoreline Hearings Board. This provides a snore
efficient time fnu- e for the applicant as %veil as the City. In addition. Boeing
would want to be able to concur or be consulted when a decision is made by the
City to combine pubiic hearings with other agencies. Boeing feels strongly that
the applicant should have the opportunity to participate in that decision.
Thank you for the ubility to share these comments and suggestions with you. if
you have questions, please feel free to call me ai 206-544-0182 or Laura Whitaker
at Perkins Coie who helped review the draft provisions for Boeing at 206 583-
8584.
Sincerely,
Elizabeth J. Warman
Local Government Affairs Manager-Puget Sound R E L r.i V �D
cc: John..Murdock a 1==5
Gerry Bresslour CITY )r c._,vT
i Laura Whitaker
SUMMARY OF PROPOSED UPDATES TO TITLE 15
CHAPTER 15.01. SHORT TITLE AND PURPOSE
No changes proposed for this chapter.
.........................................................................................................................................................................._....................................................................
CHAPTER 15.02. DEFINITIONS
Sec. 15.02.002. Applicability.
The definitions contained in this chapter are those that are eenerally used throughout this title: except for
those definitions specified in Section 15 08 035 and Section IS 08 224(D) which are specific to those respective
sections and chapter..
Sec 15 02 004.a Accessory Living Ouarters.
Accessory living quarters is a single residential dwelline unit within in a commercial or manufacturing
building which is incidental to the commercial or manufacturing use.
Sec. 15.02.010.Agriculture.
Agricultural use means land primarily devoted to the commercial production of horticultural. viticultural.
floricultural dairy apiary vegetable or animal products or of berries grain. hay. straw. turf. seed.
Christmas trees not subject to the excise tax imposed by RCW 84 33 100 through 84.33.140.fin fish in upland
hatcheries or livestock and that has long-term commercial significance for aericultural production.
z. , o ar aswFa e ,
a
e t
RF6 RR Of
Sec. 15.02.015. Alley of lane.
Alley er lane means a public or private way not more than 30 feet wide at the rear or side of property affording
only secondary means of vehicular or pedestrian access to abutting property.
designed,
Sec. 15.02.027. Automobile bodv repair.
Automobile bodv repair includes those establishments primarily engaged in furnishing automotive vehicle
bodv work and painting.
l
requir-ements set out in this titie as speeified feF the distFiet in whiph is is 'AAA-led.
C
Sec. 15.02.075.Comprehensive plan.
Comprehensive plan means
with ROW A 39.63 or RPAI Title 35A. the document. including maps, adopted by the citv council which
outlines the Citv's goals and policies relating to management of growth, and prepared in accordance with
RCW 36.70A. The term also includes adopted subarea plans prepared in accordance with RCW 36.70A.
Sec. 15.02.088. Congregate Care Facilities.
A building or complex of dwellings----=res1h, a__c..ned`eF-..........__..` -_-i-- ens which provides for
shared use of facilities,such as kitchens,dining areas.and recreation areas. Such complexes may also provide
kitchens and dining space in individual dwelling units. Practical nursing care may be provided, but not
nursing care as described in a convalescent home.
Sec. 15.02.089. Convalescent Home.
Anv home,place, institution or facility which provides convalescent or chronic care. or both, for a period in
excess of twentv-four(24)consecutive hours for three (3)or more patients not related by blood or marriage to
the operator, who by reason of illness or infirmity. are unable to properly care for themselves. Such
establishment shall be dulv licensed by the State of Washington as a "nursing home" in accordance with the
provisions of Chapter 18.51 RCW.
Sec. 15.02.098. Dav-Care Center.
Dav care center means a day-care operation with thirteen (13) or more persons in attendance at anv one
time.
Sec. 15.02.099.Dav-Care Home.
Dav care home means a day-care operation with no more than twelve (12) persons in attendance at anv one
time in the providers home in the family living quarters, including immediate family members who reside in
the home.
Sec. 15.02.100.Dav-Care Operation.
Dav care operation means the temporary care of persons in a residence or structure (meeting the
requirements of WAC 388-150) for less than 24 hours a day on a regular recurring basis for pav or other
valuable consideration, including but not limited to the furnishing of shelter, sustenance supervision
education or other supportive services.
Sec. 15.02.114. Duplex.
One detached residential building containing two (2) dwelling units totally separated from each other by a
one-hour(1 )fire wall or floor,designed for occupancv by not more than two(2)families
1)
units, designed Aw
e c
Sec. 15.02.210.Junkyard.
Junkyard means a place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled,
cleaned, packed, disassembled or handled, including, but not limited to, auto and motor vehicle wrecking yards,
house wrecking yards, used lumber yards and yards for use of salvaged house wrecking and structural steel materials
and equipment.
Sec. 15.02.228. Lone term commercial significance
Long term commercial significance includes the growing capacity productivity and soil composition of the
land for long-term commercial production in consideration with the land's proximity to population areas
and the possibility of more intense uses of the land.
Sec. 15.02.230. Lot area
Lot area means the area included within the propertv lines of a lot including anv easement area.
Sec. 15.02.235.Lot frontage.
The front of a lot shall be that portion nearest the street or, if the lot does not abut a street the portion nearest
an ingress/egress easement. On a corner lot the front yard shall be considered the narrowest part of the lot that
fronts on a street, except in industrial and commercial zones, in which case the user of a corner lot has the option of
determining which part of the lot fronting on a street shall become the lot frontage.
Sec. 15.02.257. Manufactured home.
A single-family dwelling constructed in a factory after Tune 15 1976 and installed in accordance with the
U.S. Department of Housing and Urban Development (HUD) requirements for manufactured housing and
bearing the appropriate insignia indicating such compliance
Sec. 15.02.262. Mobile home.
Mobile home means a factory-constructed residential unit with its own independent sanitary facilities that is
intended for year round occupancy and is composed of one (1) or more major components which are mobile in that
they can be supported by wheels attached to their own integral frame or structure and towed by an attachment to that
frame or structure over the public highway under trailer license or by special permit, and which was constructed
Prior to.Tune 15, 1976.
Sec. 15.02.268.Modular Home
A single-family dwelling constructed in a factory and installed in accordance with the Uniform Building
Code and bearing the appropriate insignia indicating such compliance This definition includes
prefabricated panelized"" and "factory built" units
3
Sec. 15.02.283.Nonconforming sign.
n�z
Nonconforming sign means any sign legally established prt -18 rune en 1 prior to the effective date of this
title or subsequent amendments thereto, which is not in full compliance with the regulations of this title.
Sec. 15.02.285.Nonconforming use.
Nonconforming use means the use of land, a building or a structure lawfully existing as of june 29, 11e' !j r to
the effective date of this title or subsequent amendments thereto, which does not conform with the use
regulations of the district in which it is located on the effective date of such use regulations.
eee. i e 0 eon wTur-seFy..,.hgal OF a..., eent F.
e
ef
a
15.02.317. Overlav District.
A defined eeoeraphic area where a set of development regulations are established to achieve a specific
public purpose These regulations are in addition to those of the underlving zoning distnct. Where a conflict
exists between the regulations of the overlav district and the underlving zoning. the MeFe """
tfie
the regulations of the overlav district shall apply.
Sec. 15.02.327. Pedestrian-oriented use.
A commercial use whose customers commonly arrive on foot or where signage.advertising. window displav
and entry ways are oriented toward pedestrian traffic on a public sidewalk. Pedestrian-oriented business
may include restaurants retail shops personal service businesses travel services. banks. (except drive-
through windows).and similar establishments.
Sec. 15.02.333.Planning director.
Planning director means the Director of the Citv of Kent Planning Department or his/her authorized
designee.
Sec. 15.02.335.Preschool
Preschool means establishments providing exclusively educational proerams for pre-kindergarten or
Preschool children but excluding day care uses as defined in Section 15.02.100.
Sec. 15.02.500.Special peFmit use
Special perms use means a peFfnit issued feF uses ug permitted in a district provided such use meets specific
development t13e standards as Fequired fer sue as outlined in section 15.08.020.
Sec. 15.02.560.View property.
View property means any property having a general slope of twenty (20) percent or more and that property located
immediately upslope of such property for a distance of one hundred (100) feet in Rl 7.2, RI 9.6 and R! '2 all SR
zones, and a distance of two hundred (200) feet in all other zones, from the contour line where the slope becomes
twenty (20)percent or greater.
4
Sec. 15.02.585.Zoning.
Zoning means the regulation of the use of private lands or the manner of construction related thereto in the interest
of a8hieYing a eampFelieftsive plan of development implementing the goals and policies of the comprehensive
plan. Zoning includes both the division of land into separate and district zoning districts.and the specific use
and development standards which regulate development. Such regulation shall also govern those public and
quasipublic land use and buildings which provide for government activities and proprietary type services for the
community's benefit .. except as prohibited by law. State and Federal
governmental activities are encouraged to cooperate under these regulations to secure harmonious city development.
..................................................................................................._.................................................................................................................................................
CHAPTER 15.03. DISTRICTS ESTABLISHED; ZONING MAP
This chapter has been significantly reorganized. Please see attachment showing whole chapter.
......................................................................................................................................................................................................................................................
CHAPTER 15.04. DISTRICT REGULATIONS
This chapter has been consolidated into a tabular format. Please see attachment showing whole
chapter.
......................................................................................................................................................................................................................................................
CHAPTER 15.05. OFF-STREET PARKING AND LOADING REQUIREMENTS
Sec. 15.05.010.Purpose.
A. It is the purpose of this chapter to specify the off street parking and loading requirements for all uses permitted
in this title,and to describe design standards and other required improvements.
B. The planning director shall have the authority to waive or modifv specific requirements of this chapter or
to impose additional off-street parking requirements in unique circumstances to ensure that the intent of
this chapter is met and to allow for flexibilitv and innovation in design Unique circumstances may
include.but are not limited to the following:
1. Proximity to transit stations,transfer points.or transit stops;
2. Flexible work hour scheduling for emplovees:
3. Documentation of parking patterns and demand of emplovees and patrons;
4. Physical circumstances of the site such as topography lot size/shape and environmentally sensitive
areas.
5
Sec. 15.05.040.Parking standards for specific activities.
A. Standards for the number of parking spaces for s ific activities are indicated in the following chart:
SPECIFIC LAND USE PARKING SPACE REQUIREMENT
Living activities
E)WEI*INGs
Ingle-family wo(2)parking spaces per single-family dwelling.
Duplex rwo(2)parking spaces per dwelling unit.
Multifamily and apeftflefit-hettses Dne(1)ping space per unit for efficiency apartments in all sized developments;two
2)parking spaces for each dwelling unit for developments with forty-nine(49)or less
welling units;one and eight-tenths(1.8)parking spaces per dwelling unit for
evelopments of fifty(50)or more dwelling units.For developments of fifty(50)or more
welling units,one(1)parking space for each fifteen(15)dwelling units for recreation
vehicles.
Multiple dwellings for low-income elderlyne(1)parking space for each few-(4)two 2 dwelling units.
Accessory dwelling unit ne off-street parking space per accessory unit is required in addition to the required
arking for the single-family home.The planning director may waive this requirement
here there are special circumstances related to the property and its location.The surface
f a required ADU off-street parking space shall comply with Kent City Code section
15.05._(_).
Boardinghouses and lodging houses Dne(1)parking space for the proprietor,plus one(1)space per sleeping room for
oarders or lodging use,plus one(1)additional space for each four(4)persons employed
n the premises,
Mobile and Manufactured home rwo(2)parking spaces for each mobile home site,plus one(1)screened space for each
arks en(10)lots for recreation vehicles.
Travel trailers Recreational vehicle park Dne(1)parking space for each trailer site.
Hotels and motels Dne(I)parking space for each guest room,plus two(2)parking spaces for each three(3
mployees.
Commercial activities
Banks One(1)parking space for each two hundred(200)square feet of gross floor area,except
when pan of a shopping center,
Professional and business offices One(1)parking space for each two hundred and fifty(250)square feet of gross floor
area,except when pan of a shopping center.
Shopping centers our and one-half(4.5)spaces per one thousand(1,000)square feet of gross leaseable
area(GLA)for centers having GLA of less than four hundred thousand(400,000)square
feet,and five(5.0)spaces per one thousand(1,000)square feet of GLA for centers
having a GLA of over four hundred thousand(400.000)square feet.
Restaurants, nightclubs, taverns and lounges One(1)parking space for each one hundred(100)square feet of gross Floor area,except
when part of a shopping center.
Retail stores,supermarkets,department One(1)parking space for each two hundred(200)square feet of gross floor area,except
Cores and personal service shops when located in a shopping center.
[her retail establishments;furniture, One(1)parking space for each five hundred(500)square feet of gross floor area,except
appliance,hardware stores, household when located in a shopping center.
equipment service shops,clothing or shoe
repair shops
Drive-in business One(1)parking space for each one hundred(100)square feet of gross floor area,except
when located in a shopping center,
Uncovered commercial area, new and used One(1)parking space for each five thousand(5,000)square feet of retail sales area in
ar lots,plant nursery addition to any parking requirements for buildings,except when located in a shopping
-enter.
6
Motor vehicle repair and services ne(])parking space for each four hundred(400)square feet of gross floor area,except
hen pan of a shopping center.
Industrial showroom and display ne(1)parking space for each five hundred(500)square feet of display area.
Bulk retail stores ne(1)parking space for each three hundred fifty(350)square feet of gross floor area.
Industrial activities
Manufacturing,research and testing One(I)parking space for each one thousand(1,000)square feet of gross floor area.For
laboratories,creameries,bottling piarking requirements for associated office areas,see Professional and business offices.
establishments,bakeries,canneries,printing
and engraving shops
Warehouses and storage buildings ne(1)parking space for each two thousand(2,000)square feet of gross floor area.
aximum office area of two(2)percent of gross floor area may be included without
ditional parking requirements.
Speculative warehouse and industrial One(1)parking space for each one thousand(1,000)square feet of gross floor area if
buildings with multiple use or tenant uilding size is less than one hundred thousand(100,000)square feet,or one(1)parking
potential pace for each two thousand(2,000)square feet of gross floor area for buildings which
xceed one hundred thousand(100,000)square feet gross of floor area.This is a
minimum requirement and valid for construction pernut purposes only.Final parking
quirements will be based upon actual occupancy.
Recreation-amusement activities
Auditoriums,theaters,places of public Dne(I)parking space for each four(4)fixed seats,or one(1)parking space for each one
assembly,stadiums and outdoor sports areas undred(100)square feet of floor area of main auditorium or of principal place of
sembly not containing fixed seats,whichever is greater.
Bowling allevs ive(5)spaces for each alley,except when located in a shopping center.
Dance halls and skating rinks One(1)parking space for each two hundred(200)square feet of gross floor area,except
when located in a shopping center.
Golf driving ranges One(1)parking space for each driving station.
Miniature golf courses One(1)parking space for each hole.
ecreational buildings, whether independent One(1)parking space for each two hundred(200)square feet of gross floor area.Such
r associated with a multifamily complex spaces shall be located adjacent to the building and shall be designated for visitors by
signing or other special markings.
Educational activities
Senior high schools, public, parochial and One(1)space for each employee plus one space for each ten(10)students enrolled.In
private ddition,if buses for the transportation of children are kept at the school,one(1)off
treet parking space shall be provided for each bus,of a size sufficient to park each bus.
ne(I)additional parking space for each one hundred(100)students shall be provided
or visitors in the vicinity of or adjacent to the administration portion of the building or
omplex.Such parking spaces shall be so designated by signing or other special marking
is approved by the traffic engineer.
Colleges and universities and business and wo and one-half(2 1/2)parking spaces for each employee,plus one(1)space for each
vocational schools hree(3)students residing on campus,plus one(1)space for each five-day student not
siding on campus.In addition,if buses for transportation of students are kept at the
chool,one(1)off street parking space shall be provided for each bus,of a size sufficient
o park each bus.
ne(I)additional parking space for each one hundred(100)students shall be provided
or visitors in the vicinity of or adjacent to the administration portion of the building or
complex.Such parking spaces shall be so designated by signing or other special marking
as approved by the traffic engineer.
lementary and junior high Two and one-half(2 112)parking spaces for each employee. In addition,if buses for
ransporation of students are kept at the school,one(1)off street parking space shall be
mvided for each bus.of a size sufficient to park each bus.
ne(1)additional parking space for each one hundred(100)students shall be provided
or visitors in the vicinity of or adjacent to the administration portion of the building or
omplex.Such parking spaces shall be so designated by signing or other special marking
is approved by the traffic engineer.
Libraries and museums ne(1)parking space for each two hundred fifty(250)square feet in office and public
se.
Day care centers One(1)parking space for each employee,plus loading and unloading areas.
Medical activities
Medical and dental offices Dne(1)parking space for each two hundred(200)square feet of gross floor area,except
when located in a shopping center.
Convalescent, nursing and health institutions Dne(1)parking space for each two(2)employees,plus one(1)parking space for each
hree(3)beds.
Hospitals ne(1)parking space for each three(3)beds,plus one(1)parking space for each staff
octor.plus one(I)parking space for each three(3)employees,
Religious activities
Fhurches ne(1)space for each five(5)seats in the main auditorium,provided that the spaces for
y church shall not be less than ten(10).For all exisung churches enlarging the seating
apacity of their auditoriums,one(1)additional parking space shall be provided for each
rve(5)additional seats provided by the new construction.For all existing churches
aking structural alterations or additions which do not increase the seating capacity of
he auditorium,no additional parking need be provided.
Mortuaries or funeral homes Dne(1)parking space for each one hundred(100)square feet of floor area of assembly
ooms.
Other uses 7or uses not specifically identified in this secuon,the amount of parking required shall
e determined by the planning department-based on staff experience,parking required
or similar uses.and,if appropriate.documentation provided by the applicant.
1. Recreational vehicle parking spaces shall be in defined,fenced and screened areas with a minimum of a six-foot-high sight-obscuring fences
or landscaping as determined by the planning department,or the developer may provide areas of usable open space equal to that area that would
be required for recreational vehicle parking.A vehicle less than twenty(20)feet long that is used as primary transportation is not subject to
recreational vehicle parking regulations.If open space in lieu of recreational vehicle parking is provided,its appropriateness will be determined
at the time of development plan review by the planning department.Where enclosed garages are utilized to provide parking required by this tide.
an eighteen-foot stacking space shall be provided in front of such garage units.Provided,however,the planning director shall have the authoniv
to approve alternative plans where the developer can assure that such garage units will continue to be available for parking purposes and will not
cause on-site parking or circulation problems.These assurances including but are not limited to:(I)covenants that run with the land or
homeowners association that require garages to be utilized for the storage of vehicles.(2)maintenance of drive aisle widths of twenty-six(26)
feet in front of each garage unit.and(3)maintenance of minimum clearances for fare lanes on the site.
2. Exceptions for senior citizen apartments in mulufamily end-apertrnem houses buildinus in the central business distnet
a. Approved building plans must show one and eight-tenths(1.8)spaces per dwelling unit and also shall show which spaces are not to
be initially installed.The additional spaces,plus any required landscaping,shall be installed if at any time the structure is not used for
senior citizen apartments or if the facility shows a continued shortage of parking.
b. The requirement of one(1)space per dwelling unit may be reduced to no less than one(1)space for every two(2)dwelling units plus
employee parking as determined by the planting director.The planning director shall base his decision on the following:
1) Availability of private,convenient,regular transportation services to meet the needs of the tenants:
2) Accessibility to and frequency of public transportation:
3) Pedestrian access to health,medical and shopping facilities:
a) Minimum age requirement to reside in subject apartments:
5) Special support services offered by the facility.
C. Special parking for recreational vehicles will not be required as long as the facility does not permit recreational vehicles other than
campers or vehicles that will fit into a normal-sized parking stall.If recreational vehicles are to be permitted on the development,they
must be screened and fenced.
d. Compact stalls will not be permitted except for one-third of the required employee parking.
B. Mixed occupancies or mixed use if one occupancy. In the case of two (2) or more uses in the same building, the
total requirements for off street parking facilities shall be the sum of the requirements for the several uses
8
computed separately; except in shopping centers, and except as provided in the mixed use overlay Section
15.04.200. Off street parking facilities for one (1) use shall not be considered as providing required parking
facilities for any other use,except as permitted in subsection C. of this section pertaining to joint use.
H. Parkin structures Multiple level parking structures developed either as a single use structure or as
Parking incorporated into a structure shall be designed and laid out in accordance with the dimensional
and numeric requirements of this chapter.
Sec. 15.05.090. Overhang exception,landscaping,paving,wheel stops,drainage,lighting and curbing.
A. Landscaping generally. The landscaping requirements of chapter 15.07 and diagram no. 2 following this chapter
shall apply with respect to off street parking facilities.
B. Landscape islands. Landscape islands with a minimum size of one hundred (100) square feet shall be located in
the following areas to protect vehicles and to enhance the appearance of parking areas:
1. At the a -is of all parking rows.
2. Where loading doors or maneuvering areas are in close proximity to parking areas or stalls.
C. Paving. All vehicular maneuvering areas, including but not limited to off street parking areas, truck and mobile
equipment loading, unloading,storage and maneuvering areas, and related accesses to and from public rights-of-
way shall be paved with asphalt or equivalent material, to be approved by the city engineer or his/her designee.
The Planning Director may waive the paving requirement in the following instances:
1 Areas used primarily for the storage and operation of heavv equipment, tracked vehicles, trucks and
other large Lire vehicles where such areas are not eeneraliv used for regular deliveries or access by
the general public: and
2 Driveways for single family residential development, except that at least the first twentv (20) feet of
the drive way shall be paved.
Sec. 15.05.100. Off street parking plans.
A. Off street parking plans shall be subject to review and approval by the planning department and city engineer, or
his/her designee. The planning department shall review plans for compliance with the requirements of
this title. ,4ppfe*a4-� The city engineer shall review based upon the following criteria:
1. Safety and efficiency of interior circulation.
2. Safety of ingress and egress points.
3. Effects of access on public streets with regard to street capacity, congestion and delay.
4 Compliance with construction standards relating to storm water runoff.
B. All plans must be complete with the information as requested by the planning director.
9
DIAGRAM 1. MINIMUM PARKING DESIGN STANDARDS
A B C D E F G1 I G2 H I J
Aisle Width
Angle Stall Stall Curb Starting Depth One- Two- Depth to Setback Gross
Width Depth Length Loss to Way Way Interlock (feet) Stall
(feet) (feet) (feet) (feet) Wall (feet) (feet) (feet) Area
(feet) (square
feet)
00 9.0 23.0 23.0 0.0 9.0 12.0 20.0 9.0 23.0 207
100 8.0 17.0 46.1 61.4 10.8 12.0 20.0 6.9 16.7 499
83 449-9 4" 65 2 444 4=-9 29-9 4�.4 56;
9.0 19.0 51.8 69.0 12.2 12.0 20.0 7.7 18.7 1 630
200 8.0 17.0 23.4 36.6 13.3 12.0 20.0 9.6 16.0 312
8� 4" 2-1-9 3" 44�. 4--0 29-9 4$2 44.-4 332
9.0 19.0 26.3 41.1 15.0 12.0 20.0 10.7 17.9 394
300 8.0 17.0 16.0 26.7 15.4 12.5 20.0 12.0 14.7 247
83 44.4 44-9 28- 4&.4 42-9 29-9 4-27; 43 278
9.0 19.0 18.0 30.0 17.3 12.0 20.0 13.4 1 16.5 311
36.90 8.0 17.0 133 22.1 16.6 13.5 20.0 13.4 13.6 221
8 5 4" 4- , 2T 4:�-6 4 3 5a" 4-4-.- 4-44 244
9.0 19.0 15.0 24.8 18.6 13.5 20.0 15.0 15.2 1 279
400 8.0 17.0 12.4 20.3 17.1 13.5 20.0 14.0 13.0 212
83 4" 43.2 243 4-&4 4+5 2" 44-9 4-4 23
9.0 19.0 14.0 22.8 19.1 13.5 20.0 15.7 14.6 268
450 8.0 17.0 11.3 17.7 17.7 14.5 20.0 14.8 12.0 200
S3 +" 4a-9 444-+ 443 f 443 2" 4-5 r 4-2-2 225
9.0 19.0 12.7 19.8 19.8 14.5 20.0 16.6 1 13.4 1 252
50° 8.0 17.0 10.4 15.2 18.2 15.5 20.0 15.6 ]0.9 190
83 +" 44-4 44,2 +9-.4 43 5 29 9 4�3 4� 6 244
9.0 19.0 1 1.7 ]7.1 20.3 I5.5 20.0 17.4 12? 239
10
DIAGRAM 1.MINIMUM PARKING DESIGN STANDARDS
A B C D E F GI G2 H I 7
Aisle Width
Angle Stall Stall Curb Starting Depth One- Two- Depth to Setback Gross
Width Depth Length Loss to Way Way ,Interlock (feet) Stall
(feet) (feet) (feet) (feet) Wall (feet) (feet) (feet) Area
(feet) (square
feet)
53.10 8.0 17.0 10.0 13.8 18.4 16.5 20.0 16.0 10.2 184
&.4 4" 4-" 4-44 444 4" .2" 4" 4" 2-(P
9.0 19.0 11.3 15.5 20.6 16.5 20.0 17.9 11.4 232
600 8.0 17.0 9.2 10.8 18.7 17.0 20.0 16.7 8.5 173
&-5 4" 9 8 44--> 444 4-7 9 4-7� -9. ) 4-45
9.0 19.0 10.4 12.1 21.0 17.0 20.0 18.7 9.5 218
700 8.0 17.0 8.5 6.8 18.7 20.0 22.0 17.3 5.8 159
8.5 4" -:7-2 4-9-9 a-" 22-9 444 4-2 44L4
9.0 19.0 9.6 7.6 20.9 20.0 22.0 19.4 6.5 200
80c 8.0 17.0 8.1 5.0 18.1 23.0 24.0 17.4 3.0 147
&.4 4" -8-6 -3-9 449--a 2 24.9 4494 -34 4-66
9.0 19.0 9.1 5.0 20.3 23.0 24.0 19.5 3.3 185
900 8.0 17.0 8.0 5.0 17.026 216 17.0 0.0 136
24.0 24.0
&5 4" -94 -3.9 -a" -a" 4-" 9 4-5-3
9.0 19.0 9.0 5.0 19.0 216 2.6 19.0 0.0 171
24.0 24.0
................................................................................................................................................___...._._...................................................................................
CHAPTER 15.06. SIGN REGULATIONS
Sec. 15.06.050. Regulations for specific districts.
In all districts the planning director shall have the option to waive sign type requirements in unique and special
cases where due to building design or other special circumstance the development is unable to conform to stated
standards.
11
A. Signs permitted in residential districts.
1. Identification signs for single-family dwellings and duplexes. One (1) identification sign shall be permitted
for each occupancy. The sign shall not exceed an area of three (3) square feet, shall not exceed a height of
six (6) feet above the surface of the street, shall be attached directly to a building, fence, standard or
mailbox, and shall be unlighted or provided with indirect illumination. Home occupations shall not be
allowed additional sign area.
2. Identification signs for multifamily dwellings. One (1) identification sign shall be permitted for each
development, except that multiple-family dwellings with more than one (1) street frontage may be allowed
an additional sign for each street frontage of such lot. Each sign shall not exceed an area of twenty-five (25)
square feet, may be a wall or freestanding sign, shall be unlighted or indirectly lighted, and shall not exceed
a height of six (6)feet above the ground if freestanding.
3. Farm product identification signs. No permit is required, but such signs may not be located in the public
right-of-way.
B. Signs permitted in neighborhood convenience commercial, community commercial, general commercial and
commercial manufacturing districts. The aggregate sign area for any lot shall not exceed one and one-half (1
1/2) feet for each foot of street frontage. Aggregate sign area for corner lots shall not exceed one (1) square foot
for each foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total
aggregate sign area.
1. Identification signs for occupancies. Each business establishment may have one (1) freestanding sign for
each street frontage if not located in a shopping center, and three (3)additional signs.
a. Freestanding sign. The freestanding sign shall not exceed a height of thirty (30) feet. The maximum
sign area permitted is two hundred (200) square feet for the total of all faces. No one (1) face shall
exceed one hundred (100)square feet.The sign may be illuminated.
b. Additional signs. Three(3) additional signs shall be permitted subject to the following restrictions:
(1) The total area of all signs, graphics or other advertising shall not be more than ten (10) percent of
the building facade to which they are attached or on which they are displayed.
(2) On properties where a pole sign cannot be erected due to setback requirements or building
placement, a projecting sign may be allowed in lieu of the permitted freestanding sign. The
projecting sign may not exceed fifteen (15) square feet in outside dimension.
2. Identification signs for shopping centers. One (1) freestanding identification sign, which may list the names
of the occupants of the shopping center, shall be permitted for each street frontage of each shopping center.
The maximum sign area permitted for a freestanding sign is two hundred (200) square feet for the total of
all faces. No one(1) face shall exceed one hundred (100) square feet. A freestanding sign shall not exceed a
height of thirty (30) feet, and may be illuminated.
3. Automobile service station signs. The aggregate sign area for any corner lot shall not exceed one (1) square
foot for each foot of lot frontage, and the aggregate sign area for any interior lot shall not exceed one and
one-half (1 1/2) square feet for each foot of lot frontage, and the permitted signs enumerated in this
subsection shall be subject to the total aggregate sign area.
a. Freestanding signs. One (1) freestanding lighted double-faced identification sign, not exceeding two
hundred (200) square feet for the total of all faces, with no such face exceeding one hundred (100)
square feet, is permitted. Such sign shall not exceed a height of thirty (30) feet. If on a corner lot, two
(2) monument signs not exceeding one hundred (100) square feet per sign for the total of all faces are
permitted. Such monument signs shall not exceed a height of fifteen (15) feet. Freestanding signs shall
be lighted during business hours only.
b. Additional signs. Three (3) additional signs shall be permitted subject to the following restrictions: the
total area of all signs, graphics or other advertising shall not be more than ten (10) percent of the
building facade to which they are attached or on which they are displayed.
12
c. Fuel price signs. Fuel price signs shall be included in the aggregate sign area.
4. Farm product identification signs. No permit is required, but such signs may not be located in the public
right-of-way.
C. Signs permitted in downtown commercial and downtown commercial enterprise districts. The aggregate sign
area for any lot shall not exceed one and one-half (1 112) squ.r c feet for each foot of street frontage. The
aggregate sign area for corner lots shall not exceed one (1) foot for each foot of street frontage. The permitted
signs enumerated in this subsection shall be subject to the total aggregate sign area.
1. Identification signs for multitenant buildings.
a. Wall sign. Each multitenant building may have one (1) identification wall sign for the building's
identification for each street frontage.The sign shall not exceed a total cf five (5) percent of the facade
to which it is attached. The sign shall not name or advertise the individual tenants of the building.
Aggregate sign area shall apply. A multitenant building will have the option of the sign described in
this subsection a. or the identification sign described in subsection C.l.b.of this section.
b. Freestanding sign. Each building may have one (1) freestanding sign on each street frontage. The sign
may not exceed fifteen (15) feet in height. The maximum sign area permitted for the freestanding sign
is one hundred (100) square feet for the total of all faces. No one (1) face shall exceed fifty (50) square
feet.Multitenant freestanding signs shall not name or advertise the individual tenants of the building.
2. Identification signs for occupancies. Each occupant of a multitenant building shall be permitted two (2)
wall signs. Such signs shall not exceed ten (10) percent of the facade of the individual business unit.
Atc-egate sign area shall not apply.
3. Identification signs for single-tenant building.
a. Each building may have one (1) freestanding sign for each street frontage. The sign may not exceed a
height of fifteen(15)t0)feet. The maximum sign area permitted for the freestanding sign is one
hundred (100)square feet for the total of all faces.No one(1)face shall exceed fifty(50)square feet.
b. Three (3) additional signs shall be permitted. All signs are subject to the aggregate sign area allowed.
The total area of all signs, graphics or other types of signs shall not exceed ten (10) percent of the
facade to which they are attached or on which they are displaved.
D. Signs permitted in office district.
1. Generally. One (1) freestanding double-faced identification sign shall be permitted for each lot. The sign
shall not exceed a maximum area of fifty (50, ivare feet for the total of all faces. No one (I) face shall
exceed twenty-five (25) square feet. A freest:ic_. :e sign shall not exceed a height of fifteen (15) feet and
shall be unlighted or provided with indirect illu-....iation.
2. Identification signs for buildings. One (1) iden: cation sign shall be permitted for each principal building.
The sign shall not exceed an area of five (5) percent of the facade to which it is attached, shall be attached
flat against the building, shall not project above the eave of the roof or the top of the parapet, and shall be
unlighted or provided with indirect illumination. Such signs shall not advertise or name individual tenants of
the building.
3. Identification signs for occupancies. Signs not exceeding a total of five (5) percent of the facade of the
business unit to which they -re attached shall be permitted for each occupancy in a multitenant building
when the occupar.. has outsi frontage.
E. Signs permitted in industrial districts.
I. Aggregate sign area. The aggregate sign area for lots in the MA and M1 districts shall not exceed one-half
square foot for each foot of street frontage. The aggregate sign area for lots in the M2 and DLM districts
shall not exceed three-fourths square foot for each foot of street frontage. The aggregate sign area for lots in
the M3 district shall not exceed one (1) square foot for each foot of street frontage. In no case shall the
aggregate sign area exceed one-half square foot for each foot of street frontage on a corner lot. The
permitted signs enumerated in this subsection shall be subject to the total aggregate sign area.
13
a. Identification signs for buildings. One (1) identification sign shall be permitted for each lot on each
street frontage, which may be a freestanding sign or a wall sign.The maximum sign area permitted for
a freestanding sign is two hundred (200) square feet for the total of all faces. No one (1) face shall
exceed one hundred (100) square feet. If the sign is a wall sign its size shall not exceed twenty (20)
percent of the building facade. A freestanding sign shall not exceed a height of twenty (20) feet. The
sign may be illuminated.
b. Identification signs for occupancies. One (1) identification sign shall be permitted for each occupancy
on each street frontage and shall be a wall sign.The maximum size of the sign shall be ten (10) percent
of the building facade. This sign may be illuminated. If the identification sign permitted under
subsection E.I.a. of this section is a wall sign, an additional wall sign may be permitted on a building
facade not facing a street frontage.
2. Farm product identification signs. No permit is required, but the sign may not be located in the public right-
of-way.
F. Signs permitted in planned unit developments, special use combining districts and mobile home park districts
and for conditional uses. All signs in planned unit developments, special use combining districts and mobile
home parks and for conditional uses shall be incorporated as part of the developmental plan and approved with
the developmental plan. Subsequent changes which conform to the adopted signing program may be granted by
the planning director.
& Signs permitted in shopping centers. The aggregate sign area for each occupant of a shopping center shall not
exceed twenty (20) percent of the front facade of the unit. Wall signs are permitted on each exterior wall of the
individual business unit. A minimum of thirty (30) square feet shall be permitted for any occupancy. No
combination of signs shall exceed ten (10) percent of the facade to which they are attached. If there is an
attached canopy or overhang, a ten-square-foot sign may be attached to the canopy or overhang in addition to
the other permitted signs. Such sign shall be at least eight (8) feet above any pedestrian walkway.
...............................................................................................................................................................................................................................................
CHAPTER 15.07. LANDSCAPING REGULATIONS
Sec. 1=.07.040. General landscape requirements for all zones.
A. All parking areas of over twenty thousand (20.000) square feet shall have a minimum of ten (10) percent of the
parking area, maneuvering area and loading space landscaped as a means to reduce the barren appearance of the
lot and to reduce the amount of stormwater runoff. Perimeter landscaping, required adjacent to property lines,
shall not be calculated as part of the ten (10)percent figure.
B. All ingress or egress easements which provide corridors to the subject lot, not adjacent to a public right-of-way,
shall be considered the same as a public right-of-way. Landscape requirements for easement corridors shall be
the same as those required adjacent to public rights-of-way.
C. All outside storage areas shall be screened by fencing and landscaping a minimum of five (5) feet in depth unless
it is determined by development plan review that such screening is not necessary because stored materials are
not visuallv obtrusive. The five-foot deep landscaped area can occur within the street right-of-way abutting the
property line.
D. All portions of a lot not devoted to building, future building, parking, storage or accessory uses shall be
landscaped in a manner appropriate to the stated purpose of this chapter.
E. All required landscaping areas shall extend to the curb line or the street edge. A crushed rock path in lieu of
landscaping shall be required where appropriate as determined by the planning department.
F. Required landscape areas which are inappropriate to landscape due to the existence of rail lines or other features
shall be relocated, first, to another lot line, or second, to an equal-sized area in another portion of the lot, to be
determined by the planning department upon review with the owner or developer.
14
G. Bark mulch, gravel or other nonvegetative material shall only be used in conjunction with landscaping to assist
vegetative growth and maintenance or to visually complement plant material. Nonvegetative material is not a
substitute for plant material.
H. Required landscape areas shall be provided with adequate drainage.
I. Slopes shall not exceed a three (3) to one (1) ratio (width to height), in order to decrease erosion potential and
assist in ease of maintenance.
J. The perimeter of all parking areas which abut residential zones or uses shall be landscaped to a minimum depth of
three (3) feet with type II landscaping unless otherwise provided by this chapter. A six-foot high solid wood or
equivalent fence is also required. Substitute fencing, including but not limited to chainlink fence with slats, may
be approved by the planning director upon application of the developer and adjacent residential property owners
when such fencing shall provide buffering consistent with the purpose and intent of this chapter. The term
"adjacent residential property," for purposes of this section, shall mean abutting property, and lots immediately
adjacent to abutting property.
K. Landscaping shall not conflict with the safety of those using adjacent sidewalks or with traffic safety. Safety
features of landscaping shall be discussed at the time of development plan review, if necessary.
L. Quantity, arrangement and types of plants installed shall be appropriate to the size of the required landscape area
and purpose of planting area as noted in .: lion 15.07.050 pertaining to types of landscaping.
M. All trash containers shall be screened from abutting properties and streets by a one hundred (100) percent sight-
obscuring fence or wall and appropriate landscaping.
N. Landscaping shall be placed outside of sight-obscuring or one hundred (100) percent sight-obscuring fences
unless it is determined by the planning department that such arrangement would be detrimental to the stated
purpose of this chapter.
O. All property abutting Highway 167 or Interstate 5 shall be landscaped to a minimum depth of ten (10) feet unless
a larger area is required elsewhere in this chapter.
P. All property abutting East Valley Highway between Soutr. ,80th Street on the north to the SR 167 overpass on the
south shall be landscaped to a minimum depth of(15) fifteen feet unless a larger area is required eisewhere in
this chapter.
Q. The use of native and drought tolerant low water use plants shall be incorporated into landscape design
laps.
R. Landscape plans shall include where feasible a diversity of native plant species which promote native
wildlife habitat.
S. When irrigation systems are incorporated into a landscaping area the applicant shall prepare a water use
and conservation plan for review and approval by the Public Works Department
T. Landscaping adjacent to required biofiltration systems may be considered part of anv required
landscaping areas, subiect to approval by the Planning Director and the Public Works Department
Landscaping shall not be permitted within the treatment area of a biofiltration system The chosen
vegetation shall not result in any disruption of bioswale functions at anv time
U. Landscaping buffers shall be required adjacent to any above ground storm water facilities as required in
the Citv's construction standards subject to the approval of the Public Works Department
V. The configuration and plant species of landscape areas on a site shall be designed so as to not disrupt the
functions of storm water systems.
15
Sec. 15.07.050.Types of landscaping.
TYPE I TYPE II TYPE III TYPE IV TYPE V
Solid Screen Visual Screen Visual Buffer Low Cover Open Area
PURPOSE Type I Type II Type III Type IV Type V
landscaping is landscaping is landscaping is landscaping is landscaping is
intended to intended to create intended to intended to primarily
provide a solid a visual provide visual provide visual intended to
sight barrier to separation that is separation of uses relief where clear visually interrupt
totally separate not necessarily from streets and sight is desired or large open spaces
incompatible one hundred main arterials and as a complement of parking areas.
uses. (100)percent between to larger,more
sight-obscuring compatible uses predominant
between so as to soften the planting
incompatible appearance of materials.
uses. streets,parking
lots and building
facades.
DESCRIPTION Type I Type II Type III Type IV Type V
landscaping shall landscaping shall landscaping shall landscaping shall landscaping shall
consist of be evergreen or a be evergreen and consist of a consist of trees
evergreen trees or mixture of deciduous trees mixture of planted with
tall shrubs with a evergreen and planted not more evergreen and supporting shrubs
minimum height deciduous trees than thirty (30) deciduous shrubs or ground cover.
of six (6) feet at with large shrubs feet on center and ground Each landscape
planting, which and ground cover interspersed with cover, to provide area shall be of
will provide a one interspersed with large shrubs and solid covering of sufficient size to
hundred (100) the trees. A sight- ground cover the entire promote and
percent sight- obscuring fence Where used to landscaping area protect growth of
obscuring screen will be required separate parking within two (2) plantings. with a
within two(2) unless it is from streets, years of planting one-hundred-
years from the determined by plantings must and to be held to square-foot
time of planting; development plan create a visual a maximum minimum(see
or a combination review that such a barrier of at (cast height of three subsection
of evergreen and fence is not forty-two (42 i and one-half(3 1 5.07.040 A.).
deciduous trees necessary. inches in height 1/2)feet (see (See also A and
and shrubs (See also A,B,_ at time of definition of B below)
backed by one and C below) planting and form ground cover).
hundred (100) a solid screen two
percent sight- (2)years after
obscuring fence. planting.
(See also A.B,
and C below)
Additional requirements for Types 1I, I11, and V are as follows:
(A) Evergreen trees shall be an average height of six (6) feet at planting. Deciduous trees shall be the following
sizes based on their spacing:
(1) One-inch caliper:Ten (10)feet on center.
(2) Two-inch caliper:Twenty(20)feet on center.
(3) Three-inch caliper: Thirty (30) feet on center.
(4) Three-and-one-half to five-inch caliper: Forty (40) feet on center.
(B) Ground cover shall be of sufficient size and spacing to form a solid cover within two(2)years from the time
of planting.
(C) The plantings and fence must not violate the sight area safety requirements at street intersections.
16
Sec. 15.07.060.Regulations for specific districts. NOTE: Existine sub-sections have been consolidated.
Landscaping regulations for specific zoning districts are as follows:
A. Residential agricultural, R.A. None.
B. Single-family residential,R F SR None.
C. Duplex multifamily residential,MR-D. None.
D. Garderq Low density multifamily residential, MR-G.
Medium density multifamily residential,MR-M.
High density multifamily residential,MR-H
1. A minimum of ten(10)feet of landscaping shall be provided abutting a public right-of-way.
2. Open green area shall occupy no less than twenty-five(25)percent of the area of the lot.
3. The side and rear perimeters of properties shall be landscaped to a minimum depth of ten(10)feet.
4. A minimum of five (5) feet of foundation landscaping shall be placed along the perimeter of any
multifamily structure. Foundation landscaping consists of shrubbery or some other combination of
landscape materials that helps to reduce the visual bulk of structures and buffer dwelling units from light,
glare and other environmental intrusions.
E. Mobile home park combining district, MHP. Requirements shall be per the mobile home park code.
F. Neighborhood convenience commercial, NCC
Community commercial, CC.
Commercial manufacturing, CM.
General commercial, GC.
Professional and office district, O
1. The perimeter of property abutting a residential district shall be landscaped to a minimum depth of ten (10)
feet.
2. A planting strip not less than five (5) feet in depth shall be provided along all property lines abutting public
rights-of-way.
G. Downtown commercial,DC.
1. A minimum of three (3) feet of landscaping to screen off-street parking areas, placement of which shall be
determined through the downtown design review process outlined in section 15.09.048.
2. Street trees in accordance with the official tree plan shall be planted.
H. Downtown commercial enterprise, DCE
Downtown limited manufacturing, DLM.
1. The perimeter of properties abutting a residential district shall be landscaped to a minimum depth of ten
(10) feet.
2. A minimum of three (3) feet of landscaping to screen off-street parking areas, placement of which shall be
determined through the downtown design review process outlined in section 15.09.048.
3. Street trees in accordance with the official tree plan shall be planted.
I. Industrial agricultural, MA (industrial uses)
Industrial park district, MI.
1. Front yard. The front twenty (20) feet shall be improved with appropriate permanently maintained
landscaping.
17
2. Side vard. At least fifteen (15) feet of the side yard shall be landscaped as provided in subsection 1.1. of this
section.
J. Limited industrial district,M2.
1. Front yard. The front fifteen (15) feet shall be improved with appropriate permanently maintained
landscaping.
2. Side yard. At least ten (10) feet of the side yard shall be landscaped as provided in subsection J.1. of this
section.
K. General industrial district, M3.
1. Front yard. The front ten(10)feet shall be improved with appropriate permanently maintained landscaping.
2. Side yard. At least five (5) feet of the side yard shall be landscaped as provided in subsection K.1, of this
section.
L. Gateway commercial district, GWC NOTE: These existing standards have been moved from 15.04.195(F)
1. Additional landscaping requirements. Landscaping requirements shall include the following:
a) Where buildings abut the required front yard, a landscape strip at least fifteen (15)feet in depth shall
be provided. Where vehicular parking areas abut the required front yard, a landscape strip at least
twenty,(20)feet in depth, with an earth berm at least thirty-six(36) inches in height, shall be provided.
b) Al landscape strip at least five (5)feet in depth shall be provided along the side property lines of all
independent development sites. No landscaping along the side propem lines shall be required
between adjacent properties where a common, shared driveway with a perpetual cross-access
easement is provided to serve the adjoining properties. Where the side propern line of a commercial
use abuts a residential district, a landscape strip at least ten (10)feet in depth shall be provided.
c) A landscape strip of at least fifteen (15)feet in depth shall be provided along side property lines
flanking the street of a corner lot. Where vehicular parking areas abut the required side yard, an
earth berm at least twenty-four(24) inches in height shall be provided.
d) A landscape strip of at least five (5)feet in depth shall be provided along all rear propern, lines.
Where the rear propern line of a commercial use abuts r. residential use, a landscape strip of at least
ten (10)feet in depth shall be provided.
............................................................................................................................._...._—...._..._ _...............................................................................................
CHAPTER 15.08. GENERAL AND SUPPLEMENTARY PROVISIONS
Sec. 15.08.020.Special permit uses.
The following uses are permitted in the several districts in which they are listed as special permit uses provided
that they conform to the development standards listed in this section in addition to conforming to the development
standards of the zoning district in which the use is located:
A. Churches(excluding drive-in churches, which are conditional uses).
1. Minimum lot area. Minimum lot area is one (1) acre in SR zones- in other zonint;districts it shall be the
minimum lot area of the underlvina district.
2. Front yard. There shall be a front yard of at least twenty (20) feet in depth.
3. Side yard. Each side yard shall be a minimum of fifteen (15) feet in width.
4. Rear yard. There shall be a rear yard of at least twenty (20) feet in depth.
5. Ingress and egress. A separate entrance and exit shall be provided. Loading and unloading areas shall be
provided and shall be located off public streets.
18
6. Landscaping. All yard areas must be landscaped.
7. Day care centers. Day care centers in churches must also provide the required play area as provided in
subsection B. of this section.
8. Parking;signs. Offstreet parking and sign regulations shall be observed.
I Win
Ffwm;Y04 Them Shall be a 49"t y"4 9 at least twenty(29)feet F"iflifflum depth.
5. Play area. A feneed an sefeened play lot of, OF adjOiffifig -le*ided, with a FR
ffee ef four hundred (400) squa-F feet, plus an additional f4ly ,10, squaie fee. e"
`ems
Leading an-, a
q. Laoid-seapimg- 1,andseaping shall be pFavided to a-ffflffifnufn width ef eight (9) feet - afeas shall be
C de 3artEfien' at
a and ran a
ulaiiaas shall be! 8bSeR'
C. Gasoline service stations (with or without retail convenience grocers' sales). The provision of gasoline pumps
shall not be considered incidental or secondary to a permitted use, and must conform to the requirements of this
section.
1. Minimum lot area. Minims of area is fifteen thousand(15,000) square feet.
2. Lot frontage. There shall be at least one hundred twenty (120) feet of frontage on a public street.
3. Pump setbacks. The pump island shall be set back fifteen (15) feet from the public right-of-way and any
property lines.
4. Lubrication facilities. Lubrication shall be done within an enclosed building.
5. Buffering of adjacent property. A solid or woven fence, free of advertising, shall be maintained along
property lines which flank residential districts.
6. Lighting. Ligiu:ng devices shall be shaded so as not to glare into residential districts.
7. Hours. Gasoline service stations providing automobile repair services abutting residential districts shall
limit their hours of operation from 6:00 a.m. to 9:00 p.m. Signs shall not be lit when the service station is
closed.
8. ]ogress and egress. Driveway widths and separation shall be reviewed and approved by the Public
Works Department. shall not be greater than thiFt5, (3g) and driyem.ays shall not he eia!of tegetbef-�
!wewy fie (25) fee . . There shall be not
more than two(2) driveways per public right-of-way.
9. Parking. Offstree; narking shall be provided in compliance with chapter 15.05.
10, Signs. The sign regulations of chapter 15.06 shall apply.
11. Grocery sales facilities. Convenience grocery sales facilities shall be limited to a maximum size of three
thousand (3,000) square feet of gross floor area in zones which do not allow retail grocery sales as a
principally permitted use.
19
12. General development standards. Development standards and criteria of the underlying zoning district shall
apply unless otherwise noted in this section.
13. Storage of motor fuels. Quantity limitations on hazardous substance land uses, including onsite hazardous
waste treatment or storage facilities, shall not apply to motor fuels that may be stored on the site for the
permitted use.
Sec. 15.08.080.Parking,storage or habitation of recreational vehicle.
Fer puFpeses Bf this tit!O, ffiE�Of Feereational equipmen!is defined as iReludifig beats and beat tfaiiers afid tFaYel
n�swah a.�niinmr+nt clacll�u�••^_a ^- -• -b�, �, No more than one(1)unit of a recreational vehicle as
defined in Kent Citv codes 15.02.338 or equipment shall be stored outside an enclosed building or structure
on residential property: said equipment shall be screened from view of surrounding neighbors and shall not
be used for habitation.
Sec. 15.08.090. Parking or storage of inoperable vehicles.
No more than one (1) vehicle of anv kind in inoperable condition
not licensed nor legally operable upon roadwav shall be stored or narked on anv residential or residentiallv
zoned property for more than thirtv (30) days. unless said vehicle is stored in an enclosed area and hidden
from view of surrounding neighbors.
Sec. 15.08.100.Nonconforming development.
A. Purpose. The intent and purpose of this section is to:
I. Ensure reasonable opportunity for use of legally created lots which do not meet current minimum
requirements for the district in which they are located.
2. Ensure reasonable opportunity for use, maintenance and improvement of legally constructed buildings,
structures and site development features which do not comply with current minimum requirements for the
district in which they are located.
3. Ensure reasonable opportunity for continuation of legally established uses which do not conform to use
regulations for the district in which they are located.
4. Encourage the eventual replacement of nonconforming uses having potentially undesirable impacts on
conforming uses.
5. Encourage the eventual upgrading of nonconforming buildings, structures and site development features
which do not comply with current minimum requirements for the district in which they are located.
B. Applicability. Nonconforming uses, structures, lots or signs are not favored by law and this title, and it is to
avoid injustice that this title accepts such elements. To benefit from the protection given to nonconforming
development, such use, structure, lot or sign must have been lawfully established prior to june 20, r973; the
effective date of this chapter or subsequent amendments there to or pursuant to a county resolution in effect
at the time of annexation which rendered it nonconforming. This section distinguishes between and defines
nonconforming uses, major nonconforming buildings and structures, minor nonconforming buildings and
structures, nonconforming lots of record and nonconforming signs. Different requirements are made applicable
to each of these categories. The degree of restriction made applicable to each separate category is dependent
upon the degree to which that category of nonconformance is a nuisance or incompatible with the purpose and
requirements of this title.
C. Nonconforming uses.
20
I. Applicability, of restrictions. Regulations applicable to nonconforming uses are in addition to regulations
applicable to nonconforming structures, lots and signs, and in the event of any conflict the most restrictive
provisions shall apply.
2. Expansion of nonconforming uses. No existing building, structure or land devoted to a nonconforming use
shall be expanded, enlarged, extended, reconstructed, intensified or structurally altered unless the use
thereof is changed to a use permitted in the district in which such building, structure or land is located
except as follows: When authorized by conditional use permit, a nonconforming use may be expanded,
enlarged, extended, reconstructed, intensified or structurally altered. Sit lemd undeF the same ownership as
ofjaaaaFy 1, 1984.
3. Change of nonconforming use. When authorized by the planning director, a nonconforming use may be
changed to a use of a like or more restrictive nature.
4. Extension of nonconforming use. When authorized by the planning director a nonconforming use may be
extended throughout those parts of a building which were manifestly dest -ned or arranged for such use
prior to the date when such use of such building became nonconforming, if no structural alterations except
those required by law are made therein.
5. Discontinuance of nonconforming use. When a nonconforming use of land or a nonconforming use of all or
part of a structure is discontinued ,x abandoned for a period of six (6) months, such use shall not be
resumed, notwithstanding any reservea intent not to abandon such use. Normal seasonal cessation of use, or
temporary discontinuance for purposes of maintenance or improvements, shall not be included in
determination of the six-month period of discontinuance.
6. Reversion to nonconforming use. If a nonconforming use is changed to a permitted use. the nonconforming
use shall not be resumed.
7. Residential exception to nonconforming use status. Legally established residential uses located in any
residential zoning district and in exisfenee .v T^-• - i, iQ84 shall not be deemed nonconforming in
terms of density provisions and shall be a legal use.
D. Nonconforming buildings and structures.
1. Applicability, of restrictions. Regulations applicable to nonconforming structures are in addition to
regulations applicable to nonconforming uses, lots and signs. and in the event of any conflict the most
restrictive provisions shall apply.
2. Major nonconforming buildings and structures No major nonconforming ;:ture may be expanded,
enlarged, extended, reconstructed or structurally altered or changed, nor may any major nonconforming
building, structure or lot be occupied after discontinuance of change in use, unless the structure, use and
associated grounds and development are brought into compliance with use and minimum development
standards of the district in which such structure is located,except as follows:
a. Any major nonconforming structure damaged by fire, flood, explosion, wind, earthquake, war, riot or
other natural disaster,
happening
may be restored, reconstructed
and used as before, provided that the work be veste by Permit application beeampieted within one
(1) year of such happening; any restoration or reconstruction not vested by permit application
within 12 months from the date of the fire or other casualty shall be deemed abandoned and not
allowed to be restored.
b Such repairs and maintenance work as required to keep the structure in sound condition may be made
to a major nonconforming structure, provided no such structural 2Iterations shall be made except such
as are required by law or ordinance or authorized by the planning director.
21
3. Minor nonconforming buildings and structures. No minor nonconforming structure may be expanded,
enlarged, extended, reconstructed or otherwise structurally altered or changed, nor may any minor
nonconforming building, structure or lot be occupied after discontinuance or change in use, unless the
structure and associated grounds and development are brought into compliance with the minimum
development standards of the district in which such structure is located,except as follows:
a. Any minor nonconforming structure damaged by fire, flood, explosion, wind, earthquake, war, riot or
other natural disaster, find ••hP tho ^ASf ef_..e..tANItiO emeeeds W4 (50 _, Of th,, f. _,.
s
suet h..__.._:m_.. unless the _I___:_g ,tire„teF „flews such _esie_..t:,._ ,._ _..,.,.__._....:,._ under h
auth.._:t. of ....h..__t: _ 1 c no i nn n c . h,.., e-ve_ ...he_.. the _est of_ _ does _ emeeed fifty
(cm pemen! of the fair faaFlEet _l. of th„ SIRIPI-IFO atthe time of damage. it may be restored,
reconstructed and used as before, provided that the work be vested by Permit application be
eemnpleted within one (1) year of such happening; any restoration or reconstruction vested by
Permit application 12 months from the date of the fire or other casualty shall be deemed
abandoned and not allowed to be restored.
b. Such repairs and maintenance work as required to keep the structure in sound condition may be made to
a minor nonconforming structure, provided no such structural alterations shall be made except such as
are required by law or ordinance or authorized by the planning director.
4. Planning director's authority. The planning director may waive specific development standard
requirements or impose additional requirements when all the following criteria are met:
a. When owing to special circumstances a literal enforcement of the provisions of this title or other land
use regulatory ordinances of the city will result in unnecessary hardship.
b. When the waiver of development requirements is in harmony with the purpose and intent of city
.ordinances and the comprehensive plan.
c. When the proposed use, building and development will function without adverse impact upon adjacent
property,development in the area or the city as a whole
d. When a conditional use permit is not required.
t stFueture, if Brig!Haii�
t +
CdeEISIOH fegai:diiig
.•.a.viT -Fh
E. Nonconforming lots.
1. Applicability of restrictions. Regulations applicable to nonconforming lots are in addition to the regulations
applicable to nonconforming uses, structures and signs, and, In the event of conflict, the most restrictive
provisions shall apply.
2. Nonconforming lots of record.
a. Residential districts.
(1) In any district in which single-family dwellings are permitted, a single-family dwelling and
customary accessory buildings may be erected on any single lot of record as of June 20, 1973,
notwithstanding limitations imposed by other provisions of this title. Such lot must be in separate
ownership and not of continuous frontage with other lots in the same ownership. This provision
shall apply even though such lot fails to meet the requirements for area or width that are generally
applicable in the district,provided that yard dimensions and requirements other than those applying
to area or width of the lot shall conform to the regulations for the district in which such lot is
located.
(2) In all single-family zoning districts, with the exception of the R1-5.0 zoning district, if two (2) or
more lots or combinations of lots and portions of lots with continuous frontage in single ownership
are of record prior to June 20, 1973, and if all or part of the lots do not meet the minimum
requirements established for lot width and area, the lane involved shall be considered to be an
undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold in a
manner which diminishes compliance with lot width and area requirements established by this title,
nor shall any division of any parcel be made which creates a lot with width or area below the
requirements stated in this title.
(3) In the R1 5.0 zoning district, if two (2) or more single-family zoned lots or combination of lots and
portions w lots with continuous frontage in single ownership are of record prior to June 20, 1973,
and if all or part of the lots do not meet the following minimum requirements established for lot
width, lot area and topography, the land involved shall be considered to be an undivided parcel for
the purposes of this title, and no portion of the parcel shall be used or sold in a manner which
diminishes compliance with lot width and area requirements established by this title, nor shall any
division of any parcel be made which creates a lot with width or area below the requirements stated
in this title.
(a) Minimum lot area: Four thousand six hundred (4,600)square feet.
(b) Minimum lot width: Forty (40)feet.
(c) Maximum site slope: Fifteen (15) percent.
b. Other districts. In any other district, permitted building and structures may be constructed on a
nonconforming lot of record, provided site coverage, yard, landscaping and offstreet parking
requirements are met. Such lots must be in separate ownership and not of continuous frontage with
other lots in the same ownership prior to June 20, 1973, and if all or part of the lots do not meet the
minimum requirements established for lot width and area the land involved shall be considered to be an
undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold in a
manner which diminishes compliance with lot width and area requirements established by this title, nor
shall any division of any parcel be made which creates a lot with width or area below the requirements
stated in this title.
F. Nonconforming signs.
I. Applicability of restrictions. Regulations applicable to nonconforming signs are in addition to regulations
applicable to nonconforming uses, structures and lots, and in the event of conflict the most restrictive
provisions shall apply.
2. Continuation of nonconforming signs.
a. Signs that were legally existing as of rune 29, 73. er the effective date of this title or subsequent
amendments there to that do not conform to the regulations of this title shall be considered
nonconforming signs. Nonconforming signs may not be moved, relocated, altered or added to without
receiving approval from the planning department.
b. No sign permit shall be issued to allow legal signs on property having an illegal or nonconforming sign
until such time as the nonconforming or illegal sign is modified to conform to this title.
23
3. Amortization period.
a. Abandoned signs. Abandoned signs must be removed within ninety(90)days.
b. Number and type of signs. The number and type of allowable signs for each occupancy must conform
to the regulations of this title b mow.
Sec. 15.08.230.Solar access setback--Purpose.
The purpose of the solar access setback provisions is to provide a reasonable amount of solar access, wherever
feasible, to lots in the city,so that the economic value of solar radiation falling on those properties will be preserved,
investments in solar equipment will be secure, and the option to use solar energy will be preserved and encouraged,
as provided for in RCW 64.04.140. While the solar access setback is not mandatory, Planning Department
staff will work with applicants on a cooperative and voluntary basis to attempt to site buildings on lots to
Preserve solar access opportunities.
Sec. 15.08.232.Same--Applicability.
A. All structures over six (6)feet in height proposed on properties in the agricultural(A-1), residential
agricultural (RASR-1)and single-family (Ri 29, R! 12,R1 9.67 R!
n--�-2,zones will be reviewed in accordance
with the design standards outlined in„-all section 15.08.234 m--Ye -s prey"ided '- - i- n r
cis qpptiRnf,and are encouraged to meet those standards when feasible based on the size and configuration of
the lot. The provisions of this section shall not require that exceed the yard and setback requirements of the
underlying zone be exceeded.
perfoFmanee staadai-d fer new devejepFReHi. (This exempiisn is reserved until sueb time as sejaF aLcess
E
c
Sec. 15.08.234.Same--Calculation.
A. Solar factor.
1. The planning director or his designee shall determine the solar factor for a lot based on table 1, attached to
the ordinance from which this section is derived and by this reference incorporated in this section, or the
formula set out in subsection A.2. of this section.
highest C
2. The formula referred to in subsection A.1. of this section is as follows:
N/(\t(I/.42+P)\nAn2.38)
B. Solar setback. The following calculations shall be used to assess the distance of the highest shade
Producing point of a structure from the northern property line This setback should be applied where
24
feasible based on the size and configuration of the lot. The highest shade ffedueiiig point Of 0 SItHEWFE Shall
,let iess then:
1. (H-6)/(.42+P),for a lot with a solar factor equal to or greater than eighty-five(85);or
2. (H- 14)/(.42+P),for a lot with a solar factor equal to or greater than forty-seven (47)and less than eighty-
five(85).
3. For any lot with a solar factor less than forty-seven(47), the lot is exempt from solar setback calculations
the shadew 44smaetufe sheN eet he gFeftlff than the shadew east by an eighteen feat pele Wee-se-d- Ane half
C. Definitions. For purposes of this section, "H" is the height of the highest shade-producing point of the structure
above grade,and"P"is the solar slope of the lot."N" is the north-south lot dimension.
Sec. 15.08.300.Zero lot line development--Authorized.
Zero lot line development may be permitted in the following zoning districts:
A. SR-2 R1 29 single-family residential.
B. SR-3 RI Q single-family residential.
C. SR-4.5 RAH single-family residential.
D. SR-6 R1 :7.2 single-family residential.
E. SR-8 single family residential
F. MR-D duplex multifamily residential.
FG MR-G garden density multifamily residential.
Sec. 15.08.320.Same--Development standards for single-family zoning districts.
Zero lot line development standards for single-family zoning districts ar_ "s follows:
A. Minimum§40 area. Minimum site afea is five (5) aeres.
B-A. Minimum lot. Minimum lot size is three thousand six hundred (3,600)square feet.
C—B. Maximum site coverage. Maximum site coverage is fifty (50) per::C. ..
D-C. Densirv. The density of the zero lot line development shall not exceed the density of the underlying zoning
district.
D. Minimum Yard requirements. Minimum yard requirements are as follows:
1. Front(dwelling): Ten (10) Fr 5)feet.
2. Front(garage):Twenty (20) feet.
3. Rear: Eight(8) feet.
4. One (1)side: Zero(0)feet.
5. Other side(dwelling):Ten 10) FifteeR (15�feet.
6. Other side (garage): Five (5) feet.
F. Distance between dwellings. Minimum distance between dwellings is fifteen (15) feet.
G. Height limitation. The height limitation is two(2) stories, not to exceed thirty-five (35) feet.
H. Openings prohibited on zero lot line side. The wall of the dwelling located on the lot line shall have no
windows, doors, air conditioning units or any other type of opening; provided, however, that atriums or courts
shall be permitted on the zero lot line side when the court or atrium is enclosed by three (3) walls of the dwelling
unit and a solid wall of at least eight (8) feet in height is provided on the zero lot line. The wall shall be
constructed of the same material as exterior walls of the unit. Opaque openings or high-level windows above
25
eight(8) feet in height shall be allowed. There is no restriction on openings where a wall is located on a zero lot
line facing open space.
I. Open space. Each zero lot line development shall provide not less than twenty-five (25) percent of the gross
land area for common open space, which shall be:
1. Concentrated in large areas and designed to provide either passive or active recreation.
2. Owned and maintained as follows:
a. If under one(1)ownership,owned and maintained by the ownership:
b. Held in common ownership by all the owners of the development by means of a homeowners'
association. Such homeowners' association shall be responsible for maintenance of the common open
space. If such open space is not maintained in a reasonable manner, the city shall have the right to
provide for the maintenance thereof and bill the homeowners' association accordingly. If unpaid, such
bills shall be a lien against the homeowners' association; or
c. Dedicated for public use if accepted by the city legislative authority or other appropriate public agency.
J. Perimeter buffer. A ten-foot minimum width buffer strip is required on all boundaries of the development. A one
hundred (100) percent sight-obscuring wall, fence or landscape shall be established along all boundaries. The
ten-foot buffer strip inside this sight-obscuring screen may be part of the lots, or may be an area maintained by a
homeowners' association. The buffer strip required in this subsection may be a credit against the open space
requirements of subsection I. of this section.
K. Walls. There shall be no contiguous walls between units.
L. Storage of recreational vehicles. The storage or parking of recreational vehicles shall be prohibited within a
zero lot line development.
Sec. 15.08.330.Same--Development standards for multifamily zoning districts.
Zero lot line development standards for multifamily zoning districts are as follows:
A. olio,:.. QFPQ. M:. imiim site afea IS fiYe i5) ..,.-,..
13-4 Minimum lot size. Minimum lot size is three thousand (3,000) square feet.
E B Maximum site coverage. Maximum site coverage is fifty (50)percent.
1}C. Density. The density of the zero lot line development shall not exceed the density of the underlying zoning
district.
D. Minimum yard requirements. Minimum yard requirements are as follows:
1. Front(dwelling): Ten (10)Fifteen5� feet.
2. Front(garage): Twenty (20) feet.
3. Rear: Ten(10) feet.
4. One(1)side:Zero(0) feet.
5. Other side(dwelling):Ten (10) F*ee** 5� feet.
6. Other side(garage): Ten 10)Fiveee.
F-E. Distance between dwellings. Minimum distance between dwellings is fifteen (15) feet.
G—F. Height limitation. The height limitation is two (2)stories, not to exceed thirty-five (35) feet.
14-G. Openings prohibited on zero lot line side. The wall of the dwelling located on the lot line shall have no
windows, doors, air conditioning units or any other type of opening; provided, however, that atriums or courts
shall be permitted on the zero lot line side when the court or atrium is enclosed by three (3) walls of the dwelling
unit and a solid wall at least eight (8) feet in height is provided on the zero lot line. The wall shall be constructed
26
of the same material as exterior walls of the unit. Opaque openings or high-level windows above eight (8)feet in
height shall be allowed.There is no restriction on openings where a wall is located on a zero lot line facing open
space.
L. H. Open space. Each zero lot line development shall provide not less than twenty (20) percent of the gross land
area for common open space, which shall be:
1. Concentrated in large areas and designed to provide either passive or active recreation.
2. Owned and maintained as follows:
a. If under one(1)ownership,owned and maintained by the ownership;
b. Held in common ownership by all the owners of the development by means of a homeowners'
association. Such homeowners' association shall be responsible for maintenance of the common open
space. If such open space is not maintained in a reasonable manner, the city shall have the right to
provide for the maintenance thereof and bill the homeowners' association accordingly. If unpaid, such
bills shall be a lien against the homeowners' association; or
c. Dedicated for public use if accepted by the city legislative authority or other appropriate public agency.
3-I Perimeter buffer. A ten-foot minimum width buffer strip is required on all boundaries of the development. A one
hundred (100) percent sight-obscuring wall, fence or landscape shall be established along all boundaries. The
ten-foot buffer strip inside this sight-obscuring screen may be part of the lots, or may be an area maintained by a
homeowners' association. The buffer strip required in this subsection may be a credit against the open space
requirements of subsection I. of this section.
K.,LWalls. One (1) wall may be contiguous between buildings.
L.K. Storage of recreational vehicles. The storage or parking of recreational vehicles shall be prohibited within a
zero lot line development.
15.08.359. Accessory living quarters.
A Intent The city provides these accessory living quarter (ALO) regulations for the following
purposes:
1 To meet the need for on-site dwelling of an owner or emplovee to provide for security of the
business.
2. To reduce the need for commute trips.
B. Standards and criteria.
L One (1) ALO per commercial or manufacturing building is allowed outright within all
commercial and manufacturing zones within the city.
2. An ALO may be established in a new or existing commercial or manufacturing building by
creating the living quarters within or as an addition to the building or as a detached structure
from the principal structure.
3. The ALO as well as the main structure.must meet all applicable setbacks,lot coverage,and
building height requirements.
4. The design and size of an ALO shall conform to all applicable standards in the building,
plumbing,electrical,mechanical,fire.health,and any other applicable codes. When there are
practical difficulties involved in carrving out the provisions of this section,the building official
may grant modifications for individual cases pursuant to section 106 of the Uniform Building
Code and as subsequently amended or recodified.
5. The size of an ALO contained within or attached to a commercial or manufacturing
establishment shall be limited to twenty (20) percent of the commercial or manufacturing
27
structure in which the ALO is located The size of a detached ALO shall be limited to no more
than one-thousand (1000)square feet.
6 A permit application must be completed and approved for all ALOs. The planning department
shall determine the applicable requirements for an ALO permit.
[NOTE: The Existing Planned Unit Development section is being moved from Chapter 15.04 to
Chapter 15.08.]
.................................................................................................................................................. •....................
CHAPTER 15.09. ADMINISTRATION*
Note that the following section 15.09.045 combines the existing provisions for
administrative reviews in Section 15.09.045, Section 15.09.047, and Section 15.09.049.
Sec. 15.09.045.Administrative design review.
A. Purpose and scope. Administrative design review is an administrative process, the purpose of which is to
implement and give effect to the comprehensive plan, its policies or parts thereof through the adoption of design
criteria for development relative to site layout, landscape architecture and exterior structure design. It is the
intent of the city that this process will serve to aid applicants in understanding the principal expectations of the
city concerning design. and encourage a diversity of imaginative solutions to development through the planning
department review and application of certain criteria. These criteria have been formulated to improve the design,
siting and construction of development projects so as to be compatible, both visually and otherwise, with the
topographic, open space, urban or suburban characteristics of the land or adjacent properties, while still
maintaining allowable densities to be applied in a manner consistent with established land use policies, the
comprehensive plan,this title, and community development goals of the city.
The adoption of design criteria is an element of the city's regulation of land use, which is statutorily authorized.
Application of the multifamily design process to the design criteria adopted in this section is established as an
administrative function delegated to the planning department pursuant to RCW Title 35A, therefore, to
implementing the administrative design review process, the planning director may adopt such rules and
procedures as are necessary to provide for expeditious review of proposed projects. Further rules may be
promulgated for additional administrative review.
B. Application and review process. The administrative design review process is is conducted as part of the permit
review process. The applicant must make application for the design review process on forms provided by the
planning department. Upon receipt of an application for design review, the planning director shall circulate the
application to the public works director, building official and the city administrator for review. Prior to making a
final decision, the planning director shall review any comments submitted for consideration. In the
administration of this process, the planning director may develop supplementary handbooks for the public,
which shall pictorially illustrate and provide additional guidance on the interpretation of the criteria set forth in
subsection C.of this section,as well as a detailed explanation of the design review process.
C. Multiple Fancily Design Review. The planning department shall use the following criteria in the evaluation and/or
conditioning of applications under the multifamily design review process:
I. Site design.
a. The site plan for the development should be integrated with the surrounding neighborhood.
b. The site plan should take into consideration significant environmental considerations and the lay of the
land.
c. The site plan should provide an open space network which will accommodate a wide variety of
activities, both semipublic and private.
28
d. The site plan should accommodate vehicular access and parking in a manner which is convenient, yet
does not allow the automobile to dominate the site.
e. The site plan should provide safe and convenient pedestrian circulation.
2. Landscape design.
a. The landscape plan should integrate with and enhance the surrounding neighborhood landscape.
b. The landscape plan should incorporate existing natural features of significance.
c. The landscape plan should enhance the planned open space network.
d. The landscape plan should enhance the parking and utility areas on the site.
e. The landscape plan should enhance building forms and orientation.
L The landscape plan should indicate the use of plant species suited to the microclimate of the site and
should provide for maintenance of these plants.
3. Building design.
a. The buildings in the development should, where appropriate, maintain neighborhood scale and density.
b. The buildings in the development should be oriented to provide for privacy of residents.
c. The exterior design of all buildings in the development should provide for individual unit identity.
D. Multifamily Transition Areas. Through the administrative design review process, specific multifamily transition
area requirements may be waived or modified where the applicant demonstrates an alternative site plan which
fulfills an equivalent function to the multifamily transition area requirements. Elements which may be evaluated
under this process include general site layout, building placement ar :)rientation, parking and maneuvering
arrangements, landscaping and other screening and buffering provision-
1. Required findings. In order to modifv or waive ar multifamily transition area requirement, the planning
director must find that all of the following criteria nave been met:
a. The proposal will accomplish the same or better protection of an abutting single-family district from
impacts of noise, traffic, light and other environmental intrusions caused by the multifamily
development.
b. The proposal will accomplish the same or better transition between the multifamily development and
abutting streets, including adequate buffering of the multifamily development from the street, and vice
versa.
c. The proposal is compatible with surrounding uses. Compatibility includes but is not limited to site
layout, size, scale, mass and provisions for screening and buffering. ,-:re planning director shall issue a
report of his findings, conclusions and determination for each proposal under this section.
E. Mixed Use Design Review. The planning department shall use the following criteria in the evaluation and/or
conditioning of applications under the mixed use design review process when a project includes residential use:
1. The following criteria should apply to all mixed use with a residential component development:
a. Some common recreation space roofs, terraces, indoor rooms, courtyards.
b. Lighting features that are shielded, directing light downwards
c. The residential portion of the building should incorporate residential details, such as widow trim,
trellises, balconies, and bay windows.
d. The residential compor.-.. should have an obvious generous entrance, within features suggesting a
"front door" for example, a lobby, trellis, gate, archway or courtyard.
29
2. The following criteria shall apply to mixed use development:
a. If the residential component is located away from the main street, a landscaped pedestrian path should
be provided between the entrance and public sidewalk.
b. Although the commercial and residential components may have different architectural expressions,they
should exhibit a number of elements that produce the effect of an integrated development.
c. Surface parking should be generously landscaped to serve as an amenity. Lighting fixtures should not
exceed the height of the first floor.
3. The following criteria shall apply to mixed use buildings with a residential component:
a. Parking lots, if used, should be divided into small increments, separated by landscaping and structures,
so that parking does not dominate the site.
b. articulated by use of different materials, generous windows with low sill heights, "store" doors,
canopies,and planters.
c. Residential floors should be expressed in an obvious manner, with stepbacks, change in materials or
color,and overhangs.
d. Commercial signs should be contained within the first floor commercial base and not extend up into the
residential floor facades.
F. Appeals. The decision of the planning director to condition or reject any application under the administrative
design review process is final unless an appeal is made to the hearing examiner within ten (10)days of either the
issuance of the director's conditional approval under this section of any application, or the director's written
decision rejecting any application under this section. Appeals to the hearing examiner shall be as set forth in
chapter 2.32. The decision of the hearing examiner shall be final unless an appeal is made to the city council
within ten (10) days after the hearing examiner's decision. The appeal shall be in writing to the city council and
filed with the clerk.
Sec. 15.09.055.Zoning of annexed lands.
A. Purpose. It is the purpose of this section to provide a procedure to ensure that the initial zoning of annexed
territories is in conformance with city goals,policies and plans.
B. Determination of planning director. Whenever the council shall determine that the best interest and general
welfare of the city would be served by annexing territory, the planning director will cause an examination to be
made of the comprehensive plan of the city. If
plan,or-the comprehensive plan is not current for the area of the proposed annexation, the planning director will
cause an application to be made to the planning e9winissiEffi land use and planning board for an update of the
comprehensive plan.
In addition,the planning director will cause an application to be filed with the hearing
examiner land use and planning board for an initial zoning recommendation.
C. Recommendation of and use and planning board. Upon application by the planning
director, the planaing eemmission land use and planning board shall hold at least one (I) public hearing to
consider the comprehensive plan for the area of the proposed annexation. Notice of the time, place and purpose
of such hearing shall be mailed to all property owners in the area to be annexed and given by publication in a
newspaper of general circulation in the city and in the area to be annexed at least ten (10) days prior to the
hearing. Upon completion of the hearing, the planning eemniissi&n land use and planning board shall transmit
a copy of its recommendations for the comprehensive plan to the council for its consideration.
D. In
addition, the land use and planning board shall hold at least one (1) public hearing to consider the initial
zoning for the area of the proposed annexation. Notice of the time, place and purpose of such hearing shall be
30
mailed to all property owners in the area to be annexed and given by publication in a newspaper of general
circulation in the city and in the area to be annexed at least ten (10) days prior to the hearing.
a
a
a a
E. City council action.
1. Comprehensive plan. Within sixty (60) days of the receipt of the recommendation from the planning
ea sign land use and planning board for the comprehensive plan for the area of the proposed
annexation, the city council shall consider the comprehensive plan at a public meeting. The council may
approve or disapprove the comprehensive plan as submitted, modify and approve as modified, or refer the
comprehensive plan back to the pianning eeRWPAS land use and plannine board for further
proceedings.If the matter is referred to the plenRing land use and Planning board, the council
shall specify the time within which the plafmiag e9maRiss land use and Planning board shall report
back to the council with findings and recommendations on the matters referred to it. An affirmative vote of
not less than a majority of the total members of the council shall be required for approval.Upee-appre*a4-4
e
a
2. Initial Zoning. Upon receipt of the recommendations of the;eating per land use and planning board
for the initial zoning of the area of the proposed annexation, the council shall hold two (2) or more public
hearings at least thirty (30) days apart. Notice of the time and place and purpose of such hearir.:- shall be
given by publication in a newspaper of general circulation in the city and in the area to be annexec. at least
ten (10)days prior to the hearing. The ordinance adopting the initial zoning may provide that it will become
effective upon the annexation of the area into the city. The city clerk shall file a certified copy of the
ordinance and any accompanying maps or plats with the count auditor.
Sec. 15.09.065. Interpretation of uses.
Land uses which are listed as principally permitted uses in the Land Use Tables shall be permitted subiect
to the review processes standards and regulations specified in Title 15. If a use is not listed in the Land Use
tables it shall be considered to be a prohibited use unless the Planning Director determines it to be a
permitted use following the process outlined below.
If a proposed use is not specifically listed in the Land Use Tables. ,;^ applicant may request from the
Planning Director an interpretation as to whether or not such use is a pera ;;ted use. In determining whether
a proposed use closely resembles a use expressiv authorized in the apphtanie zoning districtis), the Planning
Director shall utilize the following criteria:
A The use resembles or is of the same basic nature as a use expressly authorized in the applicable zoning
district or districts in terms of the following:
1 the activities involved in or equipment or materials emploved in he use;
2 the effects of the use on the surrounding area, such as traffic impacts, noise, dust. _.__rs, vibrations.
lighting and glare,and aesthetic appearance.
B. The use is consistent with the stated purpose of the applicable district or districts.
C. The use is compatible with the applicable goals and policies of the Comprehensive Plan.
A record shall be kept of all interpretations and rulings made by the Director or by the Hearing Examiner.
Such decisions shall be used for future administration. The Director and Hearne Examiner shall report
31
decisions to the W " ` " "`""`" Land Use and Planning Board when it appears desirable and necessary
to amend this Code.
The Planning Director's determination may be appealed as provided in Section 15.09.070.
.............._.............._............_......................................._.............._.............................................................._.................._..............................__................_.....
CHAPTER 15.10. ENFORCEMENT
No changes are proposed for this chapter.
3?
DRAFT
The change to this chapter is that the purpose statements for each of the zoning
districts have been moved to Chapter 15.03 from Chapter 15.04. It is felt that
having the purpose statements included as part of the establishment of the
districts is a more logical choice, particularly since Chapter 15.04 is being
entirely re-formatted. Where before this chapter simply identified the name and
symbol of the zoning district, now it also identifies the intent of each of the
districts.
Note also that several of the purpose statements have been revised to reflect
language found in the comprehensive plan or to clarify ambiguities. Changes are
indicated by underline and/or strike through. Each purpose statement is
associated with its zoning district in the table in 15.03.010 below.
..........................................................................................................................................................................
CHAPTER 15.03. DISTRICTS ESTABLISHED; ZONING MAP
Sec. 15.03.010. Establishment and designation of districts.
The various districts established by this title and into which the city is divided are designated as
follows:
A-1 Agricultural District
The stated goal of the city is ;o preserve prime agricultural land in the Green River
Valley as a nonrenewable resource. The agriculture zone shall actively encourage
the concentration of agricultural uses in areas where incompatibility with urban uses
will be minimal to aid in the implementation of those goals. Further, such
classification of prime agricultural land thus recognizes and encourages farming
activity as a viable sector of the local economy.
SR-1 Residential Agricultural District
The purpose of the SR-1 zone is to provide for areas allowing low densitv single-
family residential development SR-1 zoning shall be applied to those areas
identified in the comprehensive plan for low density development, because of
environmental constraints or the lack of urban services. The eity has, tkOugh 4S
SR 1 and MA zenes. the ff' ♦ and attr- eti rh itis essential
that the ey—ry
zoning far- in advanee ef demand. Rezoning-efSR—I-e*d
MA landsto Faer-e intensivease shall be pFed' rod upen the deetimentation of the
need for- additional Fes'd r' 1 eanunl OF industrial land in the eity. This
aecommadadE)eufHeatatjqn shall eansist ef a fiseal impast knalysis she-.*ing that the ether- lands
r demand f the pr-epesed that the k d nd fee- the
services, ineluding but not limited te peliee, ..Fe, stf-eets' Ity-ater-, drainage
and sewer-, required b5L4he-pfejee4-. ..
15.03 - 1
DRAFT
AG Agricultural General District
The purpose of the AG zone is to provide appropriate locations for agriculturally
related industrial uses in or near areas designated for long term agricultural use.
Such areas may contain prime farmland soils which may be currently or potentially
used for agricultural production.
SR-2 Single-Family Residential District
SR-3 Single-Family Residential District
SR-4.5 Single-Family Residential District
SR-6 Single-Family Residential District
SR-8 Single-Family Residential District
It is the purpose of the single-family residential districts to stabilize and preserve 4ew
density, single-family residential neighborhoods, as designated in the
comprehensive plan. It is further the purpose to provide a range of densities and
minimum lot sizes in order to promote diversity and recognize a variety of
residential environments.
MR-D Duplex Multifamily Residential District
It is the purpose of the MR-D district to provide for a limited increase in population
density and allow for a greater variety of housing types by allowing duplex dwelling
units and higher density single-family detached residential development.
MR-G Garden Low Density Multifamily Residential District
It is the purpose of the MR-G district to provide locations for gar-den apaFtfflent
densities suitable fe- suburban li ^"^ low to medium density multi-family
residential development and higher density single-family residential
development, as designated in the comprehensive plan,
MR-M Medium Density Multifamily Residential District
It is the purpose of the MR-M district to provide for locations for medium density
multi-family residential distr-iets development and higher density single-family
residential development, as designated in the comprehensive plan. suitable or
urban subuf-b��.
MR-H High Density Multifamily Residential District
It is the purpose of the MR-H district to provide for locations for high density
residential districts suitable for urban living.
MHP Mobile Home Park Combining District
The MHP combining district is designed to provide proper locations for mobile
home parks. Mobile home parks may be located in any multi-family residential
district, , when MHP combining
district regulations and development plans are approved for that location.
15.03 - 2
DRAFT
PUD Planned Unit Development District
The intent of the PUD is to create a process to promote diversity and creativity in
site design, and protect and enhance natural and community features. The process is
provided to encourage unique developments which may combine a mixture of
residential, commercial and industrial uses. By using flexibility in the application of
development standards, this process will promote developments that will benefit
citizens that live and work within the city.
NCC Neighborhood Convenience Commercial District
It is the purpose of the NCC district to provide small nodal areas for retail and
personal service activities convenient to residential areas and to provide ready access
to everyday convenience goods for the residents of such neighborhoods. NCC
districts shall be located in areas designated for neighborhood services in the
comprehensive plan.
CC Community Commercial District
The purpose of the CC district is to provide areas for limited commercial activities
that serve several residential neighborhoods. This district shall only apply to such
commercial districts as designated in the city comprehensive plan. It is also the
purpose of this district to provide opportunities for mixed use development within
the designated mixed use overlay boundary, as designated by the comprehensive
plan.
DC Downtown Commercial District
It is the purpose of the DC district to provide a place and create environmental
conditions which will encourage the location of dense and varied retail, office,
residential, civic and recreational activities which will benefit and contribute to the
vitality of a central downtown location, to recognize and preserve the historic
pattern of development in the area and to implement the land use goals and policies
in the 1989 downtown plans the Kent Comprehensive Plan, and the Downtown
Action Plan. In the DC area, permitted uses should be primarily pedestrian oriented
and able to take advantage of on-street and structured off-street parking lots.
DCE Downtown Commercial Enterprise District
The purpose of this district is to encourage and promote higher density development
and a variety and mixture of compatible retail, commercial, residential, civic,
recreational, and service activities in the downtown area, to enhance the pedestrian-
oriented character of the downtown, and to implement the goals and policies of the
1989 downtown plan, the Kent Comprehensive Plan, and the Downtown
Strategic Action Plan.
15.03 - 3
DRAFT
DLM Downtown Commercial Limited Manufacturing District
It is the purpose of this zoning district to provide for light industrial land uses which
may coexist with retail, business, residential and service land uses in the downtown
area. This district is intended to provide areas for those light manufacturing
activities that desire to conduct business in proximity to a variety of land uses such
as is possible only in the downtown community.
CM-1 Commercial Manufacturing-1 District
It is the purpose of the CM-1 district to provide locations for those types of
developments which combine some characteristics of both retail establishments and
industrial operations, heavy commercial uses and wholesale uses.
CM-2 Commercial Manufacturing-2 District
It is the purpose of the CM-2 district to provide locations for those types of
developments which combine some characteristics of both retail establishments and
small-scale, light industrial operations, heavy commercial and wholesale uses, and
specialty manufacturing.
GC General Commercial District
The purpose and intent of the general commercial district is to Feeagnize the
ex'�ee provide for the location of commercial areas developed in along
certain major thoroughfares; to provide use incentives and development standards
which will encourage the redevelopment and upgrading of such areas; to provide for
a range of trade, service, entertainment and recreation land uses which occur
adjacent to major traffic arterials and residential uses; and to provide areas for
development which are automobile oriented and designed for convenience, safety
and the reduction of the visual blight of uncontrolled advertising signs, traffic
control devices and utility equipment. It is also the purpose of this district to
provide opportunities for mixed use development within the designated mixed use
overlay boundary, as designated by the comprehensive plan.
O Office District
It is the purpose of the O district to provide for areas appropriate for professional
and administrative offices. It is intended that such districts shall buffer residential
districts and the development standards are such that office uses should be
compatible with residential districts. It is also the purpose of this district to provide
opportunities for mixed use development within the designated mixed use overlay,
as designated in the comprehensive plan.
15.03 - 4
DRAFT
MA Industrial Agricultural District
It is the purpose of the MA zone to identify lands which are transitional in
nature and which have a combination of agricultural and
warehouse/distribution characteristics. MA lands may be converted in the
future to more intensive industrial zones at such time as adjoining properties
become more intensively developed and urban services such as water, sewer,
and improved street access become available. The eiry has, thfough its RA
MA ) the L ) ♦ o ta.. ♦' th ffi r d . it a fqi l that the
•h •d g faF in advanee f d d D a A f D and MA
lands ♦ -er-e jpAeasiye use shall be d' eted n the dtv.umentet:on of the need
1
r-ef ddk 1 FeS'd ♦' 1eeffHneFeial eF industfial land in the s
dersomet t'eff shall e@nsist f a f: l t m lysis showing ..smart that the the.• lands
r
- d ♦ d Elemand fer- the sed uses and that the L t d F fia d fer- the
r re
and Sewer, requiFed by the
M 1,
MI-C Industrial Park District
The purpose of the M-1 district is to provide an environment exclusively for and
conducive to the development and protection of a broad range of industrial, office,
and business park activities, including modern, large scale administrative facilities,
research institutions and specialized manufacturing organizations, all of a non-
nuisance type, as designated in the comprehensive plan. This district is intended to
provide areas for those industrial activities that desire to conduct business in an
atmosphere of prestige location in which environmental amenities are protected
through a high level of development standards. It is also the purpose of this zone to
allow certain limited commercial land uses that provide necessary personal and
business services for the general industrial area. Such uses are allowed in the M 1
district, through the application of the "C" suffix, at centralized, nodal locations
where major arterials intersect.
M2 Limited Industrial District
The purpose of the M2 district is to provide areas suitable for a broad range of
industrial and warehouse/distribution activities. whose ehar-aeter-isties e of a light
The permitted uses are similar to those of the industrial park
district, except that non-industrial uses, particularly office and retail, are
restricted, in accordance with the manufacturing/industrial center designation
in the comprehensive plan.
Hewevep,--d-pDevelopment standards are aimed at maintaining an efficient and
desirable industrial area.
15.03 - 5
DRAFT
M3 General Industrial District
The purpose of the M3 district is to provide areas suitable for the broadest range of
industrial activities, and to specify those industrial activities having unusual or
potentially deleterious operational characteristics, where special attention must be
paid to location and site development. Light industrial uses which require restrictive
standards on the part of adjoining uses and non-industrial uses are discouraged
from locating in this district in accordance with the manufacturing/industrial
center designation in the comprehensive plan.
GWC Gateway Commercial District
It is the purpose of the gateway commercial district to provide retail commercial uses
appropriate along major vehicular corridors while encouraging appropriate and
unified development among the properties within the district. It is designed to create
unique, unified and recognizable streetscapes while ensuring land use compatibility
and the exclusion of inappropriate uses. It is also intended to promote flexibility in
appropriate areas of site design and to encourage mixed use developments. The
gateway commercial district recognizes the significance of the automobile while
simultaneously minimizing its dominance in commercially developed areas and
avoiding unsightly highway strip commercial development. The gateway commercial
development standards promote land uses which minimize physical and visual
impacts normally associated with highway commercial developments. Landscaping,
parking and sign standards have all been enhanced as compared to the current
commercial and industrial zoning districts. These standards will promote a viable,
unique and recognizable commercial area along East Valley Highway. Moreover,
the gateway commercial district will encourage the development of commercial uses
capable of benefitting and ensuring the long term enhancement of properties
throughout the study area.
SU Special Use Combining District
It is the purpose of the SU district to provide for special controls for certain uses
which do not clearly fit into other districts, which may be due to technological and
social changes, or which are of such unique character as to warrant special attention
in the interest of the city's optimum development and the preservation and
enhancement of its environmental quality. A special use combining district is
imposed on an existing zoning district, permitting the special use as well as uses
permitted by the underlying zone. The combining district becomes void if substantial
construction has not begun within a one-year period, and the district reverts to its
original zoning designation. It is the intent of the special use combining regulations
to provide the city with adequate procedures for controlling and reviewing such uses
and to discourage application forspeculative rezoning.
Sec. 15.03.020. Official zoning map.
15.03 - 6
DRAFT
A. Boundaries indicated as approximately following
A. Adoption. The designation, location and the centerlines of streets,highways or alleys shall
boundaries of the various districts are shown on be construed to follow such lines.
the official zoning map. The official zoning map B. Boundaries indicated as approximately following
is hereby adopted and made a part of this title. platted lot lines shall be construed as following
B. Location; identification. The official zoning map such lot lines.
shall be on file in the planning department office. C. Boundaries indicated as approximately following
The map shall be identified by the signature of city limits shall be construed as following city
the city clerk and city attorney and bear the title, limits.
"City of Kent Official Zoning Map, Ordinance
1827." D. Boundaries indicated as following railroad lines
shall be construed as to he midway between the
C. Display zoning map. In addition to the official main tracks.
zoning map there may be a display zoning map,
which may be used to generally indicate the E. Boundaries indicated as following shorelines
various districts, but not to locate precise shall be construed to follow such shorelines, and
boundaries. in the event of change in the shoreline shall be
construed as moving with the actual shoreline.
D. Amendments. If changes are made in the district Boundaries indicated as approximately following
boundaries or other matters portrayed by the the centerlines of streams, canals, rivers, lakes or
official zoning map, such changes shall be other bodies of water shall be construed to follow
entered on the official zoning map after the such centerlines.
amendment has been approved by the city
council. The signature of the city clerk and the F. Boundaries indicated as parallel to or extensions
city attorney shall be entered on the official of features indicated in subsections A. through E.
zoning map with the ordinance number of the of this section shall be so construed. Distances
amendment. Each amendment shall be filed as not specifically indicated on the official zoning
part of the official zoning record. map shall be determined by the scale of the map.
E. Unclassified property. All property not otherwise G. Where physical or cultural features existing on
classified on the official zoning map shall be the ground are at variance with those shown on
treated as follows: the official zoning map,or in other circumstances
not covered by subsections A. through E. of this
I. Interim zoning. All property not otherwise section, the planning director shall interpret the
classified on the official zoning map is district boundaries.
hereby placed in an interim zone. Such an
interim zone shall be governed by provisions H. Where a district boundary line divides a lot
applicable to the Rl 2 SR-2 single-family which was in single ownership at the time of
residential district. passage of the ordinance from which this title is
derived, the planning director may permit the
2. Upon annexation of property, or upon the extension of the regulation for either portion of
city otherwise being made aware of property the lot not to exceed fifty (50) feet beyond the
in the interim zoning designation, the district line into the remaining portion of the lot.
planning director shall commence all
necessary steps to zone such property.
Interim zoning of property shall be for six
(6) months unless otherwise provided by Sec. 15.03.040. Application of district regulations.
ordinance. Except as otherwise provided in this title:
A. No building or part thereof or other structure
shall be erected, altered, added to or enlarged,
Sec. 030.Interpretation of district nor shall any land, building, structure or premises
boundaries. be used, designated or intended to be used for
Where uncertainty exists as to the boundaries of any purpose or in any manner other than is
districts as shown on the official zoning map, the included among the uses listed in this title as
following rules shall apply: permitted in the district in which such building,
land or premises are located.
15.03 - 7
DRAFT
B. No building or part thereof or structure shall be
erected, reconstructed or structurally altered to
exceed in height the limit designated in this title
for the district in which such building is located.
C. No building or part thereof or structure shall be
erected, nor shall any existing building be
altered, enlarged or rebuilt or moved into any
district, nor shall any open space be encroached
upon or reduced in any manner, except in
conformity to the yard, building site area and
building location regulations designated in this
title for the district in which such building or
open space is located.
D. No yard or other open space provided about any
building for the purpose of complying with
provisions of this title shall be considered as
providing a yard or open space for any other
building, and no yard or other open space on one
(1) building lot shall be considered as providing
a yard or open space for a building on any other
building lot.
Sec. 15.03.050.Minimum requirements.
In their interpretation and application, the
provisions of this title shall be held to be minimum
requirements. Where this title imposes a greater
restriction than is imposed or required by other rules
or regulations or ordinances, the provisions of this
title shall control.
15.03 8
DRAFT
CHAPTER 15.04. DISTRICT REGULATIONS*
Note: This chapter is a complete reorganization of material from the previous version of 15.04. The
existing lists of permitted, accessory and conditional uses and development standards have been
reformatted.
conditions indicated in the development condition
Sec. 15.04.010. Interpretation of Land Use Tables. with the corresponding number in subsection
A. Land Use Tables. The land use tables in sections immediately following each land use table.
15.04.020 through 15.04.140 determine whether a G. Multiple Development Conditions. If more than
specific use is allowed in a zoning district. The one letter-number combination appears in the box at
zoning districts are located in the vertical columns the intersection of the column and the row, the use is
and the land uses are located on the horizontal rows allowed in that zone subject to different sets of
of these tables. A purpose statement for each zoning limitations or conditions depending on the review
district is included in Chapter 15.03. process indicated by the letter, the general
B. Principally Permitted Uses. If the letter"I"'appears requirements of the code and the specific conditions
in the box at the intersection of the column and the indicated in the development condition with the
row, the use is permitted in that zoning district corresponding number immediately following the
subject to the review procedures specified in Chapter table.
15.09, the development conditions following the land H. Overlay Zones. Overlay districts provide policies
use table, and any requirements of an overlay zone and regulations in addition to those in the underlying
and the general requirements of the code. zoning district. Overlay zones include the Mixed Use
C. Special Uses. If the letter "S" appears in the box at Overlay and the Green River Corridor Special
the intersection of the column and the row, the use is Interest District.
permitted in that zoning district subject to the review I. Applicable Requirements. All applicable
procedures specified in Chapter 15.09, the requirements shall govern a use whether or not they
development conditions following the land use table, are cross-referenced in a section.
the development standards stated in Sec. 15.08.020,
any requirements of an overlay zone and the general J. Interpretation of Other Uses. Any other un-named
requirements of the code. use shall be permitted if it is determined by the
planning director to be of the same general character
D. Conditional Uses. If the letter "C" appears in the as the principally permitted uses and in accordance
box at the intersection of the column and the row, the with the stated purpose of the district, per Section
use is permitted in that zoning district subject to the 15.09.065.
review procedures specified in Chapter 15.09, the
development conditions following the land use table,
the review criteria stated in Sec. 15.09.030, any
requirements of an overlay zone and the general
requirements of the code.
E. Accessory Uses. If the letter "A" appears in the box
at the intersection of the column and the row, the use
is permitted in that zoning district subject to the
review procedures specified in Chapter 15.09, the
development conditions following the land use table
and any requirements of an overlay zone and the
general requirements of the code.
F. Development Conditions. If a number appears next
to the land use or in the box at the intersection of the
column and the row, the use may be allowed subject
to the appropriate review process indicated above, the
general requirements of the code, and the specific
* Cross reference-Binding site plans for division of certain land for condominium,ch. 12.07.
15.04 - 1
DRAFT
Sec. 15.04.020. Residential Land Uses.
Zoning Districts
Key
c=Principally Permitted Uses A
S=Special Uses m
C=Conditional Uses y� 33 E y 3
A=Accessory Uses W ri cc
N
d - r rs s m a
¢a W o m E e m E
m r cc cc a x ¢ .� . ' a c� FEF �a m a c E
2. ? m
(7 f° m m W m m = 0 0 c U S < a d
m m LL li x _ �' _ & _ E E U m A y c 3
B � m v t �_ m v m m
S5u v. w S p� a qr E E 4i 'w 'w o m m` m
.Y O �. $ m EQ o o o c m > > c c
Q Q ¢ y N tq W O C7 r2 S � Z v O O O N O E E U U U
m ¢ ¢ 2 S U U W U U
a < cc X W Cc cc z 0 8 S 3 rot U cs o 2 M M � c�
One single-family dwelling per lot P P P P P P P P P P A(1) A(i) A(1) A(1)
Single family dwellings I P P P
One duplex per lot P
Modular homes P P P P P P P P P P
Duplexes P P P
Multifarrvly dwellings P P P P I P(4) P P P P C(2)
(2) C(s) (3) (2)
Multifamily dwellings for senior clnzene 1 Poll P P I P(3) P(2)
Motile homes and manufactured homes P
Mobile home parks P P P P P
(13) (13) (13) (13)
Group homes class I-A P P P P P P P P P - P P P P P P C C C C P
Group hares class 1-8 P P P P P P P P C C C C P
Group homes class I-C C C P P P P P P C C C C P
Group hones dass 11-A C C C C C C C C C C C C C
Group homes class II-B C C C C C C C C C C C C C
Group homes class II-C C C C C C C C C C C C C C
Group homes class III C C C C C C C C C
Rebuildiaccessory 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)
Transitional housing I j P(7) P(7)
Guest cottages and houses A A A A(B)
Rooming and boarding of not more than three A A A A A A A A A
persons
Farm worker accommodations A A A A(e)
Accessory uses and buildings customarily A A A A A A A A A A A A A A A A A A A A A
appurtenant to a permned use
Accessory dwelling units (10 (1D (10 (10 (10 (10 (10 (10 I I I A(10 (10 (10
Aceeaaorvlivine ouarlere (11 (14 (14 (14 (U A(11 A(U (14 A(14 A!' a A(14 A(14 A(14 A(f1
Rome oxupatans All1 All1All Allt (t1All (11 (11 (11 (11 All1
Service buildings A
Storage buildings and storage of recreational A
vetudes
Drive-in churches:welfare facilities: Drive-in C C C C C C C C C C 1 C C C C C C C C C (12 C C C C C C C
dwrches.retirement homes,convalescent
homes and other welfare facilities whether
privately or publicly operated,faailiues for
rehal ablation or correction,etc.
15.04 - 2
DRAFT
Sec. 15.04.030. Residential Land Use Development
Conditions.
1. Dwelling units, limited to not more than one (I) 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 use shall be permitted only in
the mixed-use overlay when included within a mixed
use development.
3. Multifamily residential use shall be permitted only in
the mixed-use overlay.
4. Multifamily residential uses, when established in
buildings with commercial or office uses, and not
located on the ground floor.
5. Multifamily residential uses, when not combined with
commercial or office uses.
6. Existing dwellings may be rebuilt, repaired and
otherwise changed for human occupancy. Accessory
uses for existing dwellings may be constructed. Such
uses are garages, carports, storage sheds and fences.
7. Transitional housing facilities, limited to a maximum
of twenty (20) residents at any one (1) time and four
(4)resident staff.
S. Guesthouses not rented or otherwise conducted as a
business.
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 subject to the provisions of
Section 15.08.350.
11. Customary incidental home occupations subject to the
provisions of section 15.08.040.
12. Except for transitional housing with a maximum of
twenty (20)residents and four(4)staff.
13. Subject to the combining district requirements of the
Mobile Home Park Code, KCC 12.05.
14. Accessory living quarters are allowed per the
provisions of Section 15.08,359.
15.04 - 3
DRAFT
Sec. 15.04._. Manufacturing Land Uses.
Zoning Districts
Key
P=Principally Permitted Uses
e
S=Special Uses d -a m
C=Conditional Uses m
A=Accessory Uses cc ¢ W a $
L N m m
tj
or E IL
ami
m FEF U
2` E 2 2 d F� z' Fin 25 U E Om. Tin US
U .'^ m m ki m m U 3 $' _ £o
m m _ _ O
m e. _m A m v v L o 0 o EEF FEF m c •� vy
S -5 4 a m = rn rn o c F3 8 3 c m > > g c M
Ir to fn to in o c� _ z o S 8 i� � 0
U tv U U
a s -7 � kin c ko a? ¢ ¢ ¢ ¢ i cep U U c"i U 0 a N 3
< a Ir a:r¢ cc u¢i z U O S' U U a 0 g c7
Manufacturing,processing,blending and P P P P P P CP1) P(2)
packaging ete:of food and beverage produce
Manufacturing,processing,blending and AP P P P P P P P(2)
packaging of drugs,pharmaceuticals, CO)
toiletries and cosmetics.
Manufacturing,processing,blending and P P P P P P
packaging of dairy products and byproducts. C((1)
P(2)
Manufacturing,processing,etc.of textile P C P(2)
C( P(2)
products
Manufacturing,processing,etc.of apparel, I P C P P(2)
fabric,accessories&leather goods C(1)
Manufacturing,processing,etc.of furniture P P(3( P(2)
and fixtures
EF F
Pooling,publishing and allied industries P(25 P P P(3) C P P P C`1) P121
Chemicals and related products mlg. R R R R R R F(e"j
Cla) C(4) C(4) C(1)
Contractor shops and storage P P C CP) P(5)
Hand-crafted products mtg. P P(2)
Computers,office machines and equipment i P(e) P(3) P(2)
Mfg
Manufacturing and assembly of eEectrical P(6) P(3) P P P C(1) P(2)
equipment.:itAppliances,lighting,radio,TVcommunications,equipment and components
Fabricated metal products mfg.:Containers, P P P P P CPt P(2)
nand Tools:hearing equipment.screw
produm,extrusion:coaling:and plating
Manufacturing and assembly of eEectroruc P P P
and electrical devices:and automotive,
aerospace,missile,aidrame+elgand similar
products
Hazardous substance land uses A(7) A(1) A(9) A(9) (t0 (10 (10 (11 (11 (it (10 (13 (15 At15 (15 (te
C(8) C(8) 112 (12 C12 (14 (16 (16 (17 (19
Offices incidental and necessary to the A A A C C P P P P
conduct of a Principally permitted use
Warehousing and distribution facilities P P P(20 P(20 P P
(21 (21
Mmiwarehouses sell-storage (22 P P C PI23
15.04 - 4
DRAFT
Manufacturing of Soaps,detergents.and P
other basic clearing and cleansing
preparabons
Manufacturing of Plastics and synlhe&resins P
MarwtacWmg of Synthetic and natural fiber P
and cloth
Manufacturing of Plywood,composition P
wallboard.and similar structural wood
products
Manufacturing of Nonmetallic mineral P
products such as abrasives,asbesft chaff,
pumice and Duty
Manufacturing of Heat resisting or structural P
clay products(brick,We,or pipet or porcelain
Products
Manufacturing of Machinery and heavy P
machine tool equipment for general industry
and mining,agricultural,construction or
service industries
Manulacunng,processing,assembling,and P P P P P P(2)
packaging of articles,products,or (24) c(l)
merchandise made from previously prepared
natural or synthetic materials
Manufacturing,processing,treating.
P P P
assembling and packaging of articles,
products,or merchandise trom previously
prepared ferrous,nonferrous or alloyed
metals.
Manufacturing,processing,assembling,and P P o
packaging of precision components and
products such as radio and television
equipment.and home appliances.
Complexes which include a combination of P p
uses,including a mixture of office,storage,
and light manufacturing uses.
Accessory uses and buildings custonlanly A A A A A A A A A A A A A A A A A A A A A
appurtenant to a permitted use
(3) Paving and roofing materials or other
Sec. 15.04.050. Manufacturing Land Use Development products from petroleum derivatives.
Conditions.
c. Refining of materials such as petroleum and
1. The following uses require a conditional use permit: petroleum products, metals and metal ores, sugar,
a. Manufacture of such types of basic materials as and fats and oils.
follows: d Distilling of materials such as bone, coal, coal
(1) Gum and wood chemicals and fertilizers, tar, coke, wood and other similar distillates.
and basic industrial organic and inorganic e. Heavy metal processes, such as ore reduction or
chemicals or products such as alkalies and smelting, including blast furnaces, and including
chlorine, industrial and liquid petroleum, drop forging, drop hammering, boiler plate
gases, cellophane, coal tar products, dyes works and similar heavy metal operations:
and dye products, impregnated products,
(I ) Asphalt botching plants.
tanning compounds,and glue and gelatin.
(2) Hydraulic cement, concrete, gypsum, lime, (�) Concrete mixing and botching plants,
carbon, carbon black, graphite, coke, glass including ready-mix concrete facilities.
and similar products. (3) Rock crushing plants and aggregate dryers.
b. Manufacture of products such as the following: (4) Sandblasting plants.
(1) Ammunition, explosives, fireworks, f. Animal and food processing, including the
matches, photographic film, missile following and similar operations:
propellants and similar combustibles. I) Tanning, dressing and finishing of hides,
(2) Rubber from natural, synthetic or reclaimed skins and furs.
materials. (2) Meat and seafood products, curing, canning,
rendering and slaughtering.
15.04 - 5
DRAFT
(3) Nitrating of cotton and other materials. 5. Contractor shops where most of the work is done on
(4) Rendering of animal grease or tallow, fish call, and which do not rely on walk-in trade, but
oil and similar materials. where some incidental storage or semi-manufacturing
work is done on the premises, such as carpentry,
(5) Slaughtering, stockyard, feedlot, dairy and heating,electrical or glass shops,printing, publishing,
similar operations. or lithographic shops, furniture, upholstery, dry
(6) Pickling and brine curing processes. cleaning and exterminators.
(7) Wholesale produce markets. 6. Building, structure or total operation may not
g. Salvage, wrecking and disposal activities, encompass more than ten thousand (10,000) square
including the following and similar operations: feet of area. The ten-thousand-square-foot total shall
include all indoor and outdoor storage areas
(1) Automobile and building wrecking and associated with the manufacturing operation. Only
salvage. one (1) ten-thousand-square-foot manufacturing
(2) Salvage of industrial waste materials such as operation shall be permitted per lot.
metal, paper, glass, rags and similar 7. For permitted uses, hazardous substance land uses,
materials. including onsite hazardous waste treatment or storage
(3) Sewage disposal and treatment plants. facilities, which are not subject to cleanup permit
(4) Dump and sump operations for such uses as requirements of chapter 11.02 and do not accumulate
rubbish, garbage, trash and other liquid and more than twenty thousand (20,000) pounds of
solid wastes. hazardous substances or wastes or any combination
thereof at any one (1) time on the site, subject to the
It. Storage of the following kinds of goods: provisions of section 15.08.050, except offsite
(1) Bulk storage of oil, gas, petroleum, butane, hazardous waste treatment or storage facilities, which
propane, liquid petroleum gas and similar are not permitted in this district.
products,and bulk stations and plants. 8. For permitted uses, accessory hazardous substance
(2) Used building materials, mover's equipment, land uses which are not subject to cleanup permit
relocated buildings, impounded vehicles and requirements of chapter 11.02 and which accumulate
similar materials. more than twenty thousand (20,000) pounds of
(3) Explosives or fireworks, except where hazardous substances or wastes or any combination
incidental to a principally permitted use. thereof at any one (1) time on the site, subject to the
provisions of section 15.08.050, except offsite
(4) Fertilizer or manure. hazardous waste treatment or storage facilities, which
2. Small scale, light industrial or manufacturing are not permitted in this district.
operations where the building, structure or total 9. For permitted uses, hazardous substance land uses,
operation does not encompass more than ten thousand including onsite hazardous waste treatment or storage
(10,000) square feet of area. The ten thousand facilities, which are not subject to cleanup permit
(10,000) square feet total shall include all indoor and requirements of chapter 11.02 and which do not
outdoor storage areas associated with the accumulate more than five thousand (5,000) pounds
manufacturing operation. Only one (1) of these uses of hazardous substances or wastes or any combination
shall be allowed per lot. thereof at any one (1) time on the site, subject to the
3. Small scale light manufacturing operations as provisions of section 15.08.050, except offsite
follows: stamping, brazing, testing, electronic hazardous waste treatment or storage facilities, which
assembly and kindred operuilding, structure or total are not permitted in this district.
operation does not encompass more than ten thousand 10. For permitted uses, hazardous substance land uses,
(10,000) square feet of area. The ten-thousand- including onsite hazardous waste treatment or storage
square-foot total shall include all indoor and outdoor facilities, which are not subject to cleanup permit
storage areas associated with the manufacturing requirements of chapter 11.02 and which do not
operation. Only one (1) ten-thousand-square-foot accumulate more than five thousand (5,000) pounds
manufacturing operation shall be permitted per lot. of hazardous substances or wastes or any combination
4. Conditional use for manufacturing of paint, but thereof at any one (1) time on the site, subject to the
manufacturing of paint is permitted outright in the M- provisions of section 15.08.050, except offsite
3 zone. hazardous waste treatment or storage facilities, which
are not permitted in this district.
15.04 - 6
DRAFT
11. For permitted uses, hazardous substance land uses, 16. For permitted uses, accessory hazardous substance
including onsite hazardous waste treatment or storage land uses which are not subject to cleanup permit
facilities, which are not subject to cleanup permit requirements of chapter 11.02 and which accumulate
requirements of chapter 11.02 and which do not more than twenty thousand (20,000) pounds of
accumulate more than ten thousand (10,000) pounds hazardous substances or wastes or any combination
of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the
thereof at any one (1) time on the site, subject to the provisions of section 15.08.050. Offsite hazardous
provisions of section 15.08.050, except offsite waste treatment or storage facilities are not permitted
hazardous waste treatment or storage facilities, which in this district, except through a special use
are not permitted in this district. combining district.
12. For permitted uses, accessory hazardous substance 17. For permitted uses, accessory hazardous substance
land uses which are not subject to cleanup land uses which are not subject to cleanup permit
requirements of chapter 11.02 and which accumulate requirements of chapter 11.02 and which accumulate
more than ten thousand (10,000)pounds of hazardous more than twenty thousand (20,000) pounds of
substances or wastes or any combination thereof at hazardous substances or wastes or any combination
any one (1) time on the site or which handle more thereof at any one (1) time on the site, subject to the
than twenty thousand (20,000) pounds of hazardous provisions of section 15.08.050. Offsite hazardous
substances and wastes on the site in any thirty-day waste treatment or storage facilities are not permitted
period of time, subject to the provisions of section in this district, except through a special use
15.08.050, except offsite hazardous waste treatment combining district.
or storage facilities, which are not permitted in this 18. For permitted uses, hazardous substance land uses,
district. including onsite hazardous waste treatment or storage
13. For permitted uses, hazardous substance land uses, facilities, which are not subject to cleanup permit
including onsite hazardous waste treatment or storage requirements of chapter 11.02 and which do not
facilities, which are not subject to cleanup permit accumulate more than twenty thousand (20,000)
requirements of chapter 11.02 and which do not pounds of hazardous substances or wastes or any
accumulate more than twenty thousand (20,000) combination thereof at any one (1) time on the site,
pounds of hazardous substances or wastes or any subject to the provisions of section 15.08.050, except
combination thereof at any one (1) time on the site, offsite hazardous waste treatment or storage facilities,
subject to the provisions of section 15.08.050, except which require a conditional use permit in this district.
offsite hazardous waste treatment or storage facilities, 19. For permitted uses, accessory hazardous substance
which are not permitted in this district. land uses which are not subject to cleanup permit
14. For permitted uses, accessory hazardous substance requirements of chapter 11.02 and which accumulate
land uses, which are not subject to cleanup permit more than twenty thousand (20,000) pounds of
requirements of chapter 11.02 and which accumulate hazardous substances or wastes or any combination
more than twenty thousand (20,000) pounds of thereof at any one (1) time on the site, subject to the
hazardous substances or wastes or any combination provisions of section 15.08.050, except offsite
thereof at any one (1) time on the site, subject to the hazardous waste treatment or storage facilities, which
provisions of section 15.08.050, except offsite require a conditional use permit in this district.
hazardous waste treatment or storage facilities, which a. Offsite hazardous waste treatment or storage
are not permitted in this district. facilities, subject to the provisions of section
15. For permitted uses, hazardous substance land uses, 15.08.050.
including onsite hazardous waste treatment or storage b. Any hazardous substance land use that is not an
facilities, which are not subject to cleanup permit accessory use to a principally permitted use.
requirements of chapter 11.02 and which do not
accumulate more than twenty thousand (20,000) 20. Warehousing and distribution facilities and the
storage of
products specifically described as permitted to be
goods or products, except for those goods
pounds of hazardous substances or wastes or any
combination thereof at any one (1) time on the site, t produc s
subject to the provisions of section 15.08.050. Offsite stored only as conditional uses in the M3 district.
hazardous waste treatment or storage facilities are not 21. Conditional use for car loading and distribution
permitted in this district, except through a special use facilities, and rail-truck transfer stations.
combining district. 13. All sales, storage and display occur within enclosed
buildings.
15.04 - 7
DRAFT
22. Miniwarehouses, provided that the following (3) Rear yard: Ten (10) feet, type II abutting
development standards shall apply for commercial uses or districts; type I abutting
miniwarehouses, super-seding those set out in residential uses or districts.
subsection 15.04.100 E.: For maintenance purposes, underground
a. Frontage use. The first one hundred fifty (150) irrigation systems shall be provided for all
feet of lot depth, measured from the property line landscaped areas.
or right-of-way inward from the street frontage, k. Onsite manager. A resident manager shall be
shall be reserved for principally permitted uses required on the site and shall be responsible for
for this district, defined by the provisions of maintaining the operation of the facility in
subsection 15.04.100 A.I., or for the office or conformance with the conditions of the approval.
onsite manager's unit, signage, parking and The planning department shall establish
access. A maximum of twenty-five (25) percent requirements for parking and loading areas
of the frontage may be used for access to the sufficient to accommodate the needs of the
storage unit area, provided that in no case shall resident manager and the customers of the
the access area exceed seventy-five (75) feet in facility.
width. No storage units or structures shall be
permitted within this one hundred fifty (150) feet I. Drive aisles. Drive aisle width and parking
of commercial frontage depth. requirements are as follows:
(1) Fifteen-foot
b. Lot size. Minimum lot size is one (1) acre; drive aisle and ten-foot parking
maximum lot size is four(4) acres. aisle.
c. Site coverage. Site coverage shall be in (2) Parking for manager's quarters and visitor
accordance with the underlying zoning district parking.
requirements. m. Building lengths. The horizontal dimension of
d. Setbacks. Setbacks shall be as follows: any structure facing the perimeter of the site shall
be offset at intervals not to exceed one hundred
(1) Front yard: Twenty (20) feet. N 00) feet. The offset shall be no less than twenty
(2) Side yard:Ten (10)feet. (20) feet in the horizontal dimension, with a
(3) Rear yard: Ten (10)feet. minimum depth of five (5)feet.
e. Height limitation. The height limitation is one (1) n. Building materials. If abutting a residential use
story. or zone, residential design elements such as brick
veneer, wood siding, pitched roofs with shingles,
f. Outdoor storage. No outdoor storage is landscaping and fencing shall be used. No
permitted. uncomplimentary building colors should be used
s Signs. The sign requirements of chapter 15.06 when abutting a residential use or zone.
shall apply. o. Prohibited uses. Use is restricted to dead storage
h. Offstreet parking. only.The following are specifically prohibited:
(1) The offstreet parking requirements of 1) Auctions (other than tenant lien sales),
chapter 15.05 shall apply. commercial, wholesale or retail sales, or
(2) Offstreet parking may be located in required garage sales.
yards, except in areas required to be (2) The servicing, repair or fabrication of motor
landscaped. vehicles, boats, trailers, lawn mowers,
i. Development plan review. Development plan appliances or other similar equipment.
approval is required as provided in section (3) The operation of power tools, spray painting
15.09.010. equipment, table saws, lathes, compressors,
j. Landscaping. Landscaping requirements are as welding equipment, kilns or other similar
follows: equipment.
(1) Front yard: Twenty (20) feet, type III (earth (4) The establishment of a transfer and storage
berms).
business.
(2) Side yard: Ten (10) feet, type II abutting (5) Any use that is noxious or offensive because
commercial uses or districts; type I abutting of odor, dust, noise, fumes or vibration.
residential uses or districts.
15.04 - 8
DRAFT
(6) Storage of hazardous or toxic materials and
chemicals or explosive substances.
p. Fencing. No razor wire is allowed on top of
fences.
24. Prohibited are those manufacturing activities having
potentially deleterious operational characteristics,
such as initial processing of raw materials (forging,
smeltering,refining and forming).
25. The ground level or street level portion of all
buildings in the pedestrian overlay of the DC district
must be pedestrian-oriented. Pedestrian-oriented
development shall have the main ground floor entry
located adjacent to a public street and be physically
and 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 shops, beauty salons and dry cleaning;
c. Repair services, including but not limited to,
television, radio, computer, jewelry and shoe
repair;
d. Food-related shops, including but not limited to,
restaurants (including outdoor seating areas and
excluding drive-in restaurants)and taverns;
e. Copy establishments;
f. Professional services, including but not limited
to, law offices and consulting services;and
g. Any other use that is determined by the planning
director to be of the same general character as
the above permitted uses and in accordance with
the stated purpose of the district, pursuant to
section 15.09.065, Use Interpretations.
15.04 - 9
DRAFT
Sec. 15.04.060. Transportation,Public and Utilities Land Uses.
Zoning Districts
Key
P=Principally Permitted Uses @
S=Special Uses —
C=Conditional Uses _o 5
A=Accessory Uses m e s
CC
atg n. 'm -E m
-29m E b 'c w mm
cc cc tr ccE :�' m E E
a�i Q :Z' E 2' 2' s c m FF m Y `° !� F
CD-ja1° m m LL m m O c, £ rS U U —cmi a ? U
N LL LL m LL LL x N E_ C] = m 'C 3 N m U < 2 A C C
a rn a rn a v v L m c E E m `� A v m a`3i
Y u m 5 c in E 0 (7 = oFEF €
G ¢ ¢ in in v, in in Z S 0 0 Lf U y v m
e m o 0 x a 0 U cg w N 0 g ` y 0
a ai ai v¢i u¢i v¢i z v 0 3�' 0 v 0 0 M 2 2 2 M 0
Commercial parldng lots or structures C C
Transportation and transit facilities 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 C P
Railway and bus depots,taxi stands C C
Utilityand transportation facilities:Electrical 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 C C
substations,pumping or regulating devices
for me transmission of water,gas,steam,
peiroieum,etc.
i
Public fadibes.Firehouses,police stations, 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 C C
libmnes and administrative offices of
govemmental agencies,primary and
secondary schools,vocational schools and
colleges.
Accessory uses and buildings customarily A A TA A A A A I A A A A A A A A A A A A A A
appurtenant to a permitted use
15.04 - 10
DRAFT
Sec. 15.04.070. Wholesale and Retail Land Uses.
Zoning Districts
Key
P=Principally Permitted Uses
S=Special Uses d ta d
C=Conditional Uses s H .E E
A=Accessory Uses R Q ¢ .72 m
E cc
A c cm 3 de:m m c m E c m �o to U
4 4 2 U > 5 2
j N m N N �. S iL
m m ¢ m m E 2' A V E E m m U E
m cc 2. ¢ cc 'w a C% FF m 5 - m E
E U m � U
a
2 r E m r eC' U m m
m N U a ra d j
c li ti m ri ti �c E $' 2 0 :�' a`> o`r U < a m
m g 6 br m m m o r L o c 'c E E 'a = `� v A m
72 a w G a a m m 4' .4' FEF 3 3 p Eo m y N m m m
¢ iA N iin n in C C7 2 Z 3 S S U U m 52 € m d7
< 4 N < e m C3 0 2 C
2 6. U U 0 W N (7 s _ _ U J U
C7 ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ S U 0
U U C� U U Q N 21
?i
< ¢ rn to <n rn m rn 2 z U c7
Bakeries and Confectionaries P P P
Wholesale bakery P P
Bulk retail P P P(1) Fit)
Recycling centers C P
Retail sales of lumber,tools and other P P P P C P
building materials.including preassembied
products
Haraware,paint,tile ano wallpaper(retail) P P(11 P C P P P(2j
Farm equipment I P P
General merchandise:Dry goods,variety and a P(11 P C P P I P(2)
department stores(retail)
Food and convenience stores{retail) P P P(11 P C P P P(4) P(2)
Automobile,aircraft,motorcycle,boat and P P P P P
recreational vehictes sales(retail)
Automotive,aircraft,motorcycle and marine F P P(5)
accessories(retail)
Gasoline service stations S(6) S(6) S(6) S(6) S(6) S(6) Si6) S(6) S(6)1 C
Apparel and accessories(retail) I P 1pri P C I I P I P P(2)
Furniture,home lurrishing(retail) I P P(11 P C I I P I P P(2)
Eating and drinking establishments(no P P P(1 t P P I P P P I P P P(5) P(2.
drive-througn) 3)
Eating and drinking establishments(with S(6) C(7) P S(6) P P(2.
drive-through) 3)
Eating facilities for employees A A A A
Miscellaneous retail:Drugs, antiques.books, P P P(t1 P C P P A(8) P(2)
sporting goods,jewelry,florist,photo
supplies,wdeo rental,computer supplies.etc
Liquor store P P P(II P C P P P P(2,
Farm supplies,hay,grain,teed,fencing,etc. P C P P
(retail)
Nurseries,green houses,garden supplies, P PI t t P C P
tools.etc.
Pet shops(retail and grooming) P P
Computers and electronics(retail) P P P P P(2)
Hotels and motels P(11 P C I P P P P(2)
Complexes which include combinations of P
uses,including a mixture of office,light
manufacturing,storage and commercial uses
Accessory uses and buildings customarily A A(8) A A A A A A A A A A A I A A (10 A A A A A A
appunenanl io a penned use
15.04 - 11
DRAFT
a. Retail establishments, including but not limited
Sec. 15.04.080.Wholesale and Retail Land Use to, convenience goods, department and variety
Development Conditions. stores, specialty shops such as appare! and
1. Bulk retail uses which provide goods for regional accessories, gift shops, toy shops, cards and
retail and wholesale markets; provided that each use paper goods, home and home accessory shops,
occupy no less than forty-three thousand five hundred florists,antique shops and book shops;
sixty(43,560)square feet of gross floor area. b. Personal services, including but not limited to,
2. All sales, storage and display occur within enclosed barber shops,beauty salons and dry cleaning;
buildings. c. Repair services, including but not limited to,
3. Provided that any restaurant with drive-in or drive- television, radio, computer, jewelry and shoe
through facilities shall be located a minimum of one repair;
thousand (1,000) feet from any other drive-in d. Food-related shops, including but not limited to,
restaurant use. restaurants (including outdoor seating areas and
4. Convenience and deli marts are limited to a maximum excluding drive-in restaurants)and taverns;
gross floor area of three thousand (3,000)square feet.
e. Copy establishments;
5. Uses shall be limited to twenty-five (25) percent of f Professional services, includine but not limited
the gross floor area of any single- or multi-building to, law offices and consulting services; and
development. Retail and service uses which exceed
the twenty-five (25) percent limit on an individual or g. Anv other use that is determined by the planning
cumulative basis shall be subject to review director to be of the same eeneral character as
individually through the conditional use permit the above permitted uses and in accordance with
process. (See subsection 15.04.180 D.3.) the stated purpose of the district, pursuant to
6. Special uses must conform to the development section 15.09.065, Use Interpretations.
standards listed in section 15.08.020.
7. Drive-through restaurants, only if located in a
building having at least two(2)stories.
8. Accessory uses are only allowed in cases where
development plans demonstrate a relationship
between these uses and the principal uses of the
property:
9. 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.
10. Retail uses operated in conjunction with and
incidental to permitted uses, provided such uses are
housed as a part of the building comprising the basic
operations.
11. The ground level or street level portion of all
buildings in the pedestrian overlay of the DC district
must be pedestrian-oriented. Pedestrian-oriented
development shall have the main ground floor entry
located adjacent to a public street and be physically
and visually accessible by pedestrians from the
sidewalk; and may include the following uses:
15.04 - 12
DRAFT
"Sec. 15.04.090. Service Land Uses.
Zoning DisWcts
Key
P=Principaly Permitted Uses m ]ii
S=Special Uses
c = 5
C=Conditional Uses :Z 32 c
A=Accessory Uses cc
m
_ m amC a° W
a c � _ '
q��
m c or cc �. ¢ ¢ m .� a U E E m m `� E
m m io LL m m O OFF c £
j m � Li:- i A? LL t u.' E E U m -c m .y
c E 3
c w a m m
> > w or xn xz or m .q, .4r E m Tn w m m m
y N y o' U S i $ $ Cg U aci cmi c g E aCi C7
U 0 N O s= _
Q Q 7 N t? '4 W m 2 cc 2 U L) U U U O ¢ N
4 17 Q [¢n f¢iI N t¢iJ f¢d N Z U 0 0 O U U O O M (7
Finance,insurance,real estate services P PZt' P P P P P P P P(2) P(3)
Personal services:Laundry;dry cleaning: P P (12 P P P C P P P(2) P(3)
barber,salons;shoe repair,launderettes
Mortuaries P(12 P P C I P(3)
Home day care P P P P P I P P P P P I P P P P P D P P P P P P P P P P P P
Day care center C 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 P P
Business services,duplicating and blue P P P P P P P P(2) P(3)
printing,travel agencies and employment
rui tees
—Building maintenance and pest control P P P P P I P(2)
Warehousing and storage services(excluding P P P
stockyards)
Rental and leasing services for cars,trucks. P P P P P P(2)
trailers,furniture and lools
Auto repair and washing services C P P P P C P C(5)
Repair services:Walcll,TV;electrical; I P PI12 P P I P P P P(2) P(3)
electronic;upholstery
Proessional services:Medical:clinics and P P P P P P P P(2) P(3)
other health care related services
Hospitals
Contract construction services:Building P P P P P P P P(2) P(3)
construction;plumbing;paving and
landscaping
Educational Services: vocabonal;trade;art; P P P P P P P P(2) P(3)
music:dancing;barber and beauty
Churches S(4) P S(4) S(4) S(4) S(4) S(4) S(4) S(4) P S(4) S(4) S(4) S(4) S(4) S(4) I S(4)1 I
Administrative and professional offices- P (12 P P P P P P P P P(2)
general
Municipal uses and buildings P I P I P I P p P P P P(2) P P
Research,development and testing I P P I P P P I P P
Planned Development Retail Sales I IC
Accessory uses and buildings customanly A Ef
A A A A A A A A A A A A A
appurtenant to a permitted use
Boarding kennels and breeding C CestabkshinentsVetervhary clinics and vetennary hospitals C P(8) C Pit
regra"w exacta*011"s Which W W 01 P P P P
...,jredwwwvt Frdll{bBl eWArM — — —d
Offices incidental and necessary to the A A A
conduct of a principally permitted use
15.04 — 13
DRAFT
any residential use, provided the animals are housed
Sec.15.04.100. Service Land Use Development indoors and the building is soundproofed.
Conditions. 1I The ground level or street level portion of all
1. Banks and financial institutions (excluding drive- buildings in the pedestrian overlay of the DC district
through). must be pedestrian-oriented. Pedestrian-oriented
percent of development shall have the main ground floor entry
2. Uses shall limited to twenty-five p located adjacent to a public street and be physically
the gross floor
or area of any single- or m multi-building and visually accessible by pedestrians from the
development. Retail and service uses which exceed sidewalk;and may include the following uses:
the twenty-five (25) percent limit on an individual or
cumulative basis shall b: subject to review a. Retail establishments, including but not limited
individually through the conditional use permit to, convenience goods, department and variety
process. A conditional use permit shall be required stores, specialty shops such as apparel and
on an individual tenant or business basis and shall be accessories, gift shops, toy shops, cards and
granted only when it is demonstrated that the paper goods, home and home accessory shops,
operating characteristics of the use will not adversely florists,antique shops and book shops;
impact onsite or offsite conditions on either an b. Personal services, including but not limited to,
individual or cumular= asis. barber shops,beauty salons and dry cleaning;
3. All sales, storage and display occur within enclosed c. Repair services, including but not limited to,
buildings. television, radio, computer, jewelr, and shoe
4. Special uses must conforr• the development repair;
standards listed in section 15.U8.020. d. F 3-related shops, including but not limited to,
5. Excluding auto body repair. restaurants (including outdoor seating areas and
6. Retail sales are permitted as part of a planned
excluding drive-in restaurants)and taverns;
development where at least fifty (50) percent of the e. Copy establishments;
total development is for office use. Drive-in f. Professional services, including but not limited
restaurants, service stations, drive-in cleaning to, law offices and consulting _ervices; and
establishments and other similar retail establishments o Anv other use that is determined by the planning
are not permitted. director to be of the same general character as
7. Other accessory uses and buildings customarily the above permitted uses and in accordance with
appurtenant to a permitted us except for onsite the stated purpose of the district, pursuant to
hazardous waste treatment at;_ storage facilities, section 15.09.065, Use Interpretations.
which are not permitted in residential zones.
8. Veterinary clinics when located no closer than one
hundred fifty (150) feet to anv residential use,
providing the animals are housed indoors, with no
outside runs, and the building is soundproofed.
Soundproofing must be designed by competent
acoustical engineers.
9. Veterinary clinics and animal hospital services when
located no closer than one hundred fifty (150) feet to
any residential use, providing the animals are housed
indoors, with no outside runs, and the building is
soundproofed. Soundproofing must be designed by
competent acoustical engineers.
10. Veterinary clinics when located no closer than one
hundred fifty (150) feet to any residenua. ,use,
providing the animals are housed indoors, with no
outside runs, and the building is soundproofed.
Soundproofing must be designed by competent
acoustical engineers.
11. Vevl,rmary clinics and animal hospital services when
locatc:i no less than one hundred fifty (150) feet from
15.04 14
DRAFT
Sec. 15.04.110. Cultural,Entertainment and Recreation Land Uses.
Zoning Districts
Key
P=Principally Permitted Uses R A
S=Special Uses `m a d
C=Conditional Uses E
A=Accessory Uses A CC ¢ .2 $ N
Z. cc rrm m
m m c m ro 4 m 2` .c y W € .6 w
m
4 Y m w w �` y qj m m c c m q ar m
m` ¢ Q ¢ dc ¢ .Z-Iw 'u�i C U E E E E w 5 x E
c T T m E O E U Y a5 N O
m m
c 4- ta. gi LL ra. x c E € c g m
o ,� m or $ a E GG Fi o m ;n 7S
.Y m CJ 2 d E 3 $ 8 U U as ti c p — .E y (.7
¢ Q ¢ f/l in �, N to Q C7 2 0 U QO ' N C
coC7 z U f7 U
N t7 < b aD ¢ Q ¢ ¢ 2 U U U W � U O Q N CJ
a a ai v¢i N v¢i z U 0 cd' 0 U 0 0 0 2 0
An galleneslstudios ( P I P(3)1 P P P P P p(t)
Historic and monument sites I p P
public assembly(indoor):sports facilities; p P(3) P p P P P P(2) C
arenas;auditoriums and exhibition halls,
bowling alleys,skating rinks,community
dubs:athletic dubs:recreation centers;
theaters(excluding school facilities) .
public assembly(outdoor):Fairgrounds and p p
amusement parks;tennis courts;athletic
lields:miniature golf;go-cart tracks:drive-in
theaters;etc.
Open space use:Cemeteries.parks, C C C C C C C C C C C C C C C P(3) P P C C C C C C C C C C
aygrounds,golf courses and other C C C
,-recreation facilities,including buildings or
structures associated therewith.
Employee recreation areas I A FA A I A
private dubs.fraternal lodges.etc. C C C C C C C C C C C C C C C C C C C C C C C C I C C I C C
Recreational vehicle parks C p
Accessory uses and buildings customarily A A A A A A A A A A A A A A A A A A A A A A
appurtenant to a permitted use
Recreational buildings in MHP A
15.04 - 15
DRAFT
Sec. 15.04.120. Cultural,Entertainment and
Recreation Land Use Development Conditions-
1. All sales, storage and display occur within enclosed
buildings.
2. Uses shall be limited to, twenty-five (25) percent of
the gross floor area of any single- or multi-building
development. Retail and service uses which exceed
the twenty-five (25) percent limit on an individual or
cumulative basis shall be subject to review
individually through the conditional use permit
process. A conditional use permit shall be required
on an individual tenant or business basis and shall be
granted only when it is demonstrated that the
operating characteristics of the use will not adversely
impact onsite or offsite conditions on either an
individual or cumulative basis.
I The ground level or street level portion of all
buildings in the pedestrian overlay of the DC district
must be pedestrian-oriented. Pedestrian-oriented
development shall have the main ground floor entry
located adjacent to a public street and be physically
and visually accessible by pedestrians from the
sidewalk;and may include the following uses:
a. Retail establishments, including but not limited
to, convenience goods, department an, ariety
stores, specialty shops such as apparei 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 shops, beauty salons and dry cleaning;
c. Repair services, including but not limited to,
television, radio, computer, jewelry and shoe
repair;
d. Food-related shops, including but not limited to,
restaurants (including outdoor seating areas and
excluding drive-in restaurants)and taverns,
e. Copy establishments;
f. Professional services, including but not limited
to, law offices and consulting services;and
g. Any other use that is determined by the planning
director to be of the same general character as
the above permitted uses and in accordance with
the stated purpose of the district, pursuant to
section 15.09.065, Use Interpretations.
15.04 16
DRAFT
.iec. 15.04.130. Resource Land Uses.
Zoning Districts
Key
P=Principally Permitted Uses
S=Special Uses `m
C=Conditional Uses 9 c E
A=Accessory Uses 'a ¢ ¢
N
¢ r.G u W .E .rs N
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y -c cc cc cc ¢ ., .� m LL 6 2 2 0 S 15 c E
¢ 2 m 2 ? cm y m $ U U m m EE a m a w U
a m ,Ea LL Em m qc1 £G UE � b Q a m
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C LL LL m LL LL K C O 2 O € m m U W C 3
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> > rn rn IM o. m o+ .2) FE € CE p m
of rn ¢ in rn ,� in C7 _ Z 5 5 S 0 U U aci u_ E aci U
U O N U `_ — — U U U
Q Q 7 N e7 v m ¢ ¢ ¢ ¢ 2 U U U U U Q N c7
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a (D m u¢i M M v¢i z U o o U o c7 0 c7
Agricultural uses P P P P P P
Crop and tree larming P P P P P P P P P P P C P
Storage.manutactunng,processing and p
conversion of agricultural products(not
including slaughtering or meat packing)
Accessory uses and buildings customanly A All) A A A A A A A A A A A A A A A A A A A A
appurtenant to a pemuned use
loadside stands A(3) A(3) A(3) iT Q)
use as well as uses permitted by the underlying zone. The
Sec. 15.04.140. Resource land use development conditions. combining district becomes void if substantial construction has
I. Other accessory uses and buildings customarily not begun within a one-year period, and the district reverts to
appurtenant to a permitted use, except for onsite its original zoning designation. It is the intent of the special
hazardous waste treatment and storage facilities, which use combining regulations to provide the city with adequate
are not permitted in residential zones. procedures for controlling and reviewing such uses and to
discourage application for speculative rezoning.
2. Roadside stand not exceeding four hundred (400) square A. Uses subject to special use combining district regulations.
feet in floor area exclusively for agricultural products The following list is illustrative of the types of uses
grown on the premises. subject to special use combining district regulations and is
3. Roadside stands not exceeding four-hundred (400) square not intended to be exclusive:
feet in floor area, and not over twenty (20) lineal feet on I Uses which occupy or would occupy large areas of
any side, primarily for sale of agricultural products on the land.
premise. 2. Uses which would involve the construction of
buildings or other structures of unusual height or
mass.
Sec. 15.04.150. Special use combining district,SU.
3. Uses which house, employ or serve large numbers of
It is the purpose of the SU district to provide for special people.
controls for certain uses which do not clearly fit into other 4 Uses which generate heavy traffic.
districts, which may be due to technological and social
changes, or which are of such unique character as to warrant 5 Uses which have unusual impact on environmental
special attention in the interest of the city's optimum quality of the area.
velopment and the preservation and enhancement of its 6 Any use which does not lend itself to an interpretation
znvironmental quality. A special use combining district is of substantial similarity to other uses identified or
imposed on an existing zoning district, permitting the special described in this title.
15.04 - 17
DRAFT
7. Uses which, in the judgment of the planning director, not more than two (2) feet in areas having slopes
warrant review by the planning commission and the of less than three(3)percent.
city council. d. Accurate legal description of the property.
8. Examples of uses subject to review as described in
this subsection would include but are not limited to e. Existing and proposed structuresor
the following: buildings, including the identification of types
and proposed use of the structures. All uses must
a. Commercial uses: sports stadiums, rodeos, be compatible with the major use.
fairgrounds, exhibition or convention halls,
f. Offstreet parking and loading facilities.
merchandise marts and drive-in theaters.
g. Dimensions of the site, distances from
b. Special environmental problems posed by:
refineries, nuclear power generating plants, property lines and space between structures.
airports, heliports, sanitary landfills, extractive h. Tentative routing of domestic water lines,
industries, solid waste incinerators or storm drains, sanitary sewers and other utilities,
energy/resource recovery facilities. including an identification of planned disposal or
C. Hazardous wastes: offsite hazardous waste runoff.
treatment or storage facilities in MI and M2 i. Elevations, perspective renderings or such
districts only, subject to the provisions of section other graphic material or evidence to illustrate
15.08.050. effect on the view enjoyed by and from other
B. Application procedures. The application procedure for a properties in the vicinity, if required by the
special use combining district shall be the same as for an planning department.
amendment to this title as provided in section 15.09.050, j Architectural renderings of buildings.
except that development plan approval is concurrent with
the combining district. k. A written statement providing the following
information:
C. Documentation required. Required documentation is as
follows: (1) Program for development, including staging
or timing.
I_ A vicinity map drawn to a scale not smaller than one (2) Proposed ownership pattern upon
thousand (1,000) feet to the inch showing the site in
relation to its surrounding area, including streets, completion of development.
roads, streams or other bodies of water, the (3) Basic content of restrictive covenants, if any.
development characteristics and zoning pattern of the (4) Provisions to ensure permanence and
area, and a scale and north arrow. The vicinity map
may be in sketch form but shall be drawn with maintenance of open space through means
sufficient accuracy to reasonably orient the reader to acceptable to the city.
the vicinity, and to adequately convey the required (5) Statement or tabulation of number of
information. persons to be employed, served or housed in
2. A map or drawing of the site drawn to a scale the proposed development.
acceptable to the planning department, generally one (6) Statement describing the relationship of the
hundred (100) feet to the inch. The map or drawing proposed development to the city
shall show the following information: comprehensive plan.
a. Dimensions and names of streets bounding (7) Statement indicating availability of existing
or touching the site. or proposed sanitary sewers.
b. Such existing or proposed features as 3. Such other data or information as the planning
streams or other bodies of water, rights-of-way, department may require.
easements and other physical or legal features
which may affect or be affected by the proposed D. Development standards. In reviewing and approving
development. proposed developments falling under the purview of this
section, the hearing examiner and city council shall make
C. Existing and proposed topography at contour the following findings:
intervals of not more than five (5) feet in areas
having slopes exceeding three (3) percent, and 1. That the location for the proposed use is reasonable.
15.04 - 18
DRAFT
?. That existing or proposed trafficways are adequate to
serve new development.
3. That setback, height and bulk of buildings are
acceptable for the proposed use and for the vicinity in
which it is located.
4. That landscaping and other site improvements are
comparable to the highest standards set forth for other
developments as set out in this title.
5. That the performance standards pertaining to air and
water pollution, noise levels, etc., are comparable to
the highest standards specified for other uses as set
out in this title.
6. That the proposed development is in the public
interest and serves a need of community-wide or
regional importance.
In reviewing and approving special uses, the hearing
examiner and the city council may impose such
conditions as they deem necessary in the interest of
the welfare of the city and the protection of the
environment.
E. Period of validity. Any special use combining district shall
remain effective only for one (1) year unless the use is
begun within that time or construction has commenced. If
not in use or construction has not commenced within one
(1) year of the granting of the special use combining
district, the combining district shall become invalid, and
the original zoning designation of the land shall apply.
F. Minor and major adjustments.
1. If minor adjustments are made following the adoption
of the final development plan and approval of the
combining district, such adjustments shall be
approved by the planning director prior to the
issuance of a building permit. Minor adjustments are
those which may affect the precise dimensions or
siting of buildings approved in the final plan, or the
density of the development or open space provided.
'. Major adjustments are those which, as determined by
the planning director, substantially change the basic
design, density, open space uses or other similar
requirements or provisions. Authorization for major
adjustments shall be made by the city council.
3. The provisions of this subsection pertaining to minor
and major adjustments shall apply to various parts of
a staged development.
15.04 - 19
DRAFT
Sec. 15.04.160. Development Standards.
A. Development standards are listed down the left side
of the tables, and the zoning districts are listed at the
top. The matrix cells contain the minimum
dimensional requirements of the zone. The
parenthetical numbers in the matrix identify specific
requirements applicable either to a specific use or the
entire zone. A blank box indicates that there are no
specific requirements. If more than one standard
appears in a cell, each standard will be subject to any
applicable parenthetical footnote following the
standard.
15.04 - 20
DRAFT
Sec. 15.04.170. Agricultural and Residential Zone Development Standards.
ZonlillDistricts
A
m � A
m
a Q ¢ y m
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m m c .9 m ,v_ E �•m m t x m t
_m
E U
c�i m m ¢ ai
d �c cc cca CC ¢ � •m � a
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C LL
c E c CD2
.� or ccN to u) W
¢ ITv? m o c7 x a
cc ccac ¢ x
SF Dj*xl SF IDUPIOX MF SF IDupiexl MF SF Duplex MF
Maximum density: 1 dula 1 dWa 2.18 3.63 4.53 6.05 8.71 8.71 8.71 16 8.71 23 40
dwelling units per acre duslac dus/ac duslac duslac dus/ac Oudac duslac dtstac dus/ac dti4ac dus/ac
Minimum lot area:square 34,7D0 1 ac 34,700 16,000 9,600 7,600 5.700 4,000 6,0 6". 4,000 8,0D0 8,5001 4,000 8,000 8.500/ 4,000 8,000 8,500/
feet or acres,as noted sq h sq h sq h sq ft sq ft sq h sq h q W0 y sq h sq ft 2,500 sq h sq ft 1,600 sq If sq h 900 sq
sq ft sq h sq h. sq h h(3)
(1) (2)
Minimum lot width:feet 60h 60 ft 5011 50 ft 50 tl 50 ft 40h -604, Ban 40h 80h Soh 40 ft 80n 80 ft40n Bon eon
(4) 1 40 h
Maximum site coverage: 301% 50% 30% 30% 45% 45% 50% 55% 6 40% 55% 40% 45% 55% 40% 45% 55% 40% 50%
percent of site (5) (5) (5) (5) (5) 55%a (5) (5) (5) (5) (5) (5) (5)
(5)
Minimum yard (27)
requirements:feet ........ ......... .........
.............y.................................... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .
Front and 20 ft 30h 2011 ton loft 10h ton 10h 1011 loft loft ton 20h ton 1011 20 ft loft loft 20111
(6) (7) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6)
(8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (a) (8)
........ ......... ......... ..(9) (9) ,(9) .(9) -(9) _(9) (9) (9) (9) (9) (9) ...(91.... ...(9)
........................................... . .. . ...... . ...... . ...... . ...... . ...... ......... ......... ......... ......... ......... ......... ......... .. ...... .........
Side yard 15h (10) 15h 5ff 5ft Sit 5ft 5h 511 5h 5it 5f1 (11) 5h 5h (11) 5ft 5ft it 1)
................................................... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .........
Side yard on flanking 20 ft 2oh 4644. 4", 4". 48 6 4b46 Inn 4b p. toff toff 15 If to h 1011 15 It to h 10111 15 ft
street of a comer lot 10 ft toff ton to It to ft (9) loft (9) (9) (9)
.. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .........
Rear yard 20 ft 204 474F 84. 4346 94 e46 511, Bit 5h B h 20 ft 5h Bit 20 ft 5 h Bit 20 It
1511 sir 5ft sir sft sir
.......................................................... ......... . . ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ....... ......... .......... . .........
Additional (12) (13) (12)
setbacks/distances (15) (15) (15)
between buildings
Height limitation:in Z.5 stry 2 stry/2.5 stry 2.5 stry 2.5 stry 2.5 stry .5 stry .5 slry .5 stry .5 siry .5 slry .5 stry 3 stry/ .5 stry .5 stry 3 slry/ .5 stry, .5 stry 4 stry/
stones/not to exceed in 35 It 35 h 35 ft 35 h 35 h 35 ft 35; 30 h .30 It 35 h 30 h 35 h 40 h 30 h 35 h 40 h 30 h 35 h 50 h
feet (16) (17)
(18)
Maximum impervious 40% 409h 40% 50% 60% 70% 75% 75% 70% 75% 70% 75% 70% 75% 70%
surface:percent of total (19) (19) (19) 09) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19)
parcel area
Zero lot line and The provisions in Sections 15.08.300,31 D.320.and 330 shall apply.
clustering
Signs The sign regulations of Chapter 15.06 shall apply.
Off street parking The oli-street parking requirements of Chapter 15.05 shall ap*.
Landscaping The landscaping requirements of Chapter 15.07 shall apply.
Multi-family Transition (25) (25) (25)
Area
1 T
Multi-family design review (26) (26) (26)
Additional standards Ad6tional standards for speafic uses are contained in Chapter 15.D8.
15.04 - 21
DRAFT
Sec. 15.04.180. Development Standard Conditions. from any property line.
1. Minimum lot area is eight thousand five hundred
13. Additional setbacks for the Agriculture General AG
zoning district.
(8,500)square feet for the first two (2)dwelling units,
and two thousand five hundred (2,500) square feet for a. Structures for feeding, housing and care of
each additional dwelling unit. animals shall be set back fifty (50) feet from any
2. Minimum lot area is eight thousand five hundred property line.
(8,500)square feet for the first two(2)dwelling units, b. Transitional conditions shall exist when an AG
and one thousand six hundred (1,600) square feet for district adjoins a residential district containing a
each additional dwelling unit. density of two (2) dwelling units or more per
-1. Minimum lot area is eight thousand five hundred acre or a proposed residential area indicated on
(8,500)square feet for the first two (2)dwelling units, the city comprehensive plan. Such transitionalepaLion
and nine hundred (900) square feet for each conditions shall not exist where the separation
additional dwelling unit. includes an intervening use such as a river,
railroad main line, major topographic differential
4. To determine minimum lot width for irregular lots, a or other similar conditions, or where the
circle of applicable diameter (the minimum lot width industrial properties face on a limited access
permitted) shall be scaled within the proposed surface street on which the housing does not face.
boundaries of the lot, provided that an access When transitional conditions exist as defined in
easement to another lot is not included within the this subsection, a yard of not less than fifty (50)
circle. feet shall provided.
5. Interior yards shall not be computed as part of the site c. Setbacks, Green River. Industrial development in
coverage. the AG district abutting the Green River, or
Russell Road or Frager Road where such roads
6. Porches and private shared courtyard features may be follow the river bank, shall be set back from the
built within the front building set back line. ordinary high-water mark of the river a minimum
7. For properties abutting on West Valley Highway, the of two hundred (200) feet. Such setbacks are in
frontage on West Valley Highway shall be considered accordance with the city comprehensive plan and
the front vard. in accordance with the high quality of site
8. Proposed front yards less than twenty (20) feet in development typically required for the industrial
depth are subject to approval by the planning park areas of the city and in accordance with the
state Shoreline Management Act of 1971, and
director, based on review and recommendation from shall be no more restrictive than, but as
the public works department relative to the existing restrictive as, the Shoreline Management Act.
and future traffic volumes and right-of-way
requirements as specified in the city comprehensive 14. An inner court providing access to a double-row
transportation plan and city construction standards. building shall be a minimum of twenty(20) feet.
9. At least twenty (20) linear feet of driveway shall be 15. The distance between principal buildings shall be at
provided between any garage, carport or other least one-half the sum of the height of both buildings;
primary parking area and the street property line with provided, however, that in no case shall the distance
the exception of an alley property line. be less than twelve (12) feet. This requirement shall
10. An aggregate side yard of thirty (30) feet shall be also apply to portions of the same building separated
provided. A minimum of ten (10) feet shall be from each other by a court or other open space.
provided for each side yard. On a corner lot the side 16, The height limitations shall not apply to barns and
yard setback shall be a minimum of twenty (20) feet silos provided that they are not located within fifty
from the property line. (50) feet of any lot line.
11. Each side yard shall be a minimum of ten (10) 17. Beyond this height, to a height not greater than either
percent of the lot width; however, regardless of lot four (4) stories or sixty (60) feet, there shall be added
width, the yard width need not be more than thirty one (1) additional foot of yard for each additional
(30) feet. foot of building height.
12. Structures for feeding, housing and care of animals, 18. The planning director shall be authorized to approve
except household pets, shall be set back fifty (50) feet a height greater than four(4)stories or sixty (60) Beet,
15.04 - 22
DRAFT
provided such height does not detract from the outlined in subsections 15.04.015 A., B. and
continuity of the area. When a request is made to C.
exceed the building height limit, the planning director (3) All subsurface activities, including
may impose such conditions, within a reasonable excavation for underground utilities,
amount of time, as may be necessary to reduce any pipelines or other underground installations,
incompatibilities with surrounding uses. that cause permanent disruption of the
19. Except for lots used for agricultural practices, the surface of the land. Temporarily disrupted
maximum impervious surface area allowed shall be soil surfaces shall be restored in a manner
ten thousand (10,000) square feet when the lot is consistent with agricultural uses.
greater than one (1) acre. (4) Dumping or storage of nonagricultural solid
20. Additional standards for the Agricultural A-1 zoning or liquid waste, or of trash, rubbish or
district. noxious materials.
a. See chapter 15.08, pertaining to general and (5) Activities that violate sound agricultural soil
supplementary provisions, for requirements and water conservation management
concerning accessory buildings and additional practices.
standards. 22. See chapter 15.08, pertaining to general and
b. The following uses are prohibited: supplementary provisions, for requirements
(1) The removal of topsoil for any purpose. concerning accessory buildings and additional
standards.
(2) Grade and fill operations, provided that 23. See chapter 15.08, pertaining to general and
limited grade and fill may be approved as supplementary provisions, for requirements
needed to construct buildings or structures as concerning accessory buildings and additional
outlined in subsections 15.04.005 A., B., C. standards; provided that solar access setback
and D. requirements of sections 15.08.230 through
(3) All subsurface activities, including 15.08.234 shall not apply to the SR-8 zone.
excavation for underground utilities, 24. Minimum lot width, building setbacks, and minimum
pipelines or other underground installations, lot size regulations may be modified consistent with
that cause permanent disruption of the provisions for zero lot line and clustering housing
surface of the land. Temporarily disrupted development.
soil surfaces shall be restored in a manner
consistent with agricultural uses. 25. The requirements of section 15.08.215 shall apply in
any multifamily transition area, which includes any
(4) Dumping or storage of nonagricultural solid
portion of a multifamily district within one hundred
or liquid waste, or of trash, rubbish or
noxious materials. (100) feet of asingle-family district or within one
hundred (100) feet of a public street right-of-way.
(5) Activities that violate sound agricultural soil 26. The requirements of section 15.09.047 for
and water conservation management multifamily design review shall apply to any
practices. multifamily dwelling of three(3)or more units.
21. Additional standards for the Agricultural Resource ,7 Mobiie home park combining district, MHP. The
AG zoning district. standards and procedures of the city mobile home
a. Outdoor storage (industrial uses). Outdoor park code shall apply. General requirements and
storage shall be at the rear of a principally standards for mobile home park design, 12.04.520;
permitted structure and shall be completely mobile home parks,ch. 12.05.
fenced.
b. The following uses are prohibited:
(1) The removal of topsoil for any purpose.
(2) Grade and fill operations, provided that
limited grade and fill may be approved as
needed to construct buildings or structures as
15.04 - 23
DRAFT
Sec. 15.04.190. Commercial and Industrial Zone Development Standards.
Zoninq Districts
A
E �
e
W J �
FFS iSFF0 U2FF m z a �`j ` emds = — M 0 E
UEE ' tE
a UEA
U c E E
€ y g z d cz
E cS is
m u g o E m
U U U W U o c U J U
z c"i o chi c�1 o
Minimum lot area:square feet or acres,as 10,000 10.000 5,000 5,000 10,000 10,000 10,000 10,000 10,000 1 acre 1 acre 10,000 20,000 15,000 10,000
noted sq fl sq h sq h sq h sq h sq h soft sq h sq ft sq h sq fl sq fl sq ft
(1)
Maximum site coverage:percent of site 40% 40% 100% 100% 75% 5011. 50% 40% 30% 50% 60% Gov 65% 75% 40%
Minimum yard requirements:feet
Front yard 15 h 15 h (3) (4) (4) 15 h 15 It 20 It 2511 3011 (6) (6) (7) (e) 15 h
(5)
Side yard (9) (10) (3) (4) (4) (11) (11) (11) (11) (12) (13) (13) (14) (15) 5 h1(11)6)
Side yard on flanking street of comer lot (1e) (1e) 118) (19) 15 It
Rear yard 20 It 20 h (3) (4) (4) (20) (20) (20)(2)(20)(2) (21) (21) (22) (22) 5 If
(2) (23)
Yards,transitional conditions (24) (25) (26)
Additional setbacks (27) (30)
(26)
(29)
Height limitation:in storieslnol to exceed in feel 2 stryl 3 stryl 4 stryl (33) (33) 2 stryl 2 stryl 2 siry! 3 stry! 2 stryl 2 stry! 2 stryl 2 stry/ 2 stry/ 3 stryl
35 fl 4011 Go if 35 It3511 35 h 40 If35 fl 35 fl 35 It 35 It 35 It 40 h
(2)(31) (32) (31) (31) (2)(31) (2) (34) (36) (36) (37) 138) (39)
(35)
Landscaping The landscaping requirements of Chapter 15.07 shall apply,
Outdoor storage ao) dol (41) (41) (4n (43) (�) las) (a6)
(42) (42)
Signs The sign regulations of Chapter 15.06 shall apply.
Vehicle drive-through,drive-in and service bay 47)
Loading areas
(49) (49) (50) (52)
Off street panting The oh-street parking requirements of Chapter 15.05 shall apply.
15.04 - 24
DRAFT
Section 15.04.200 Mixed Use overlay development standards.
OVERLAY DISTRICTS
GC-MU O-MU CC-MU
Floor area ratio .40 for commercial uses. .40 for commercial uses. .40 for commercial uses.
.50 for commercial uses combined with .50 for commercial uses combined with .50 for commercial uses combined with
residential uses;provided that, residential uses;provided that, residential uses;provided that,
commercial floor area may be increased commercial floor area may be increased commercial floor area may be increased
by one square foot for each square foot by one square foot for each square foot by one square foot for each square foot
of residential floor area provided up to a of residential floor area provided up to a of residential floor area provided up to a
maximum commercial FAR of.5. maximum commercial FAR of.5. maximum commercial FAR of.5.
1.0 for residential uses,provided that, 1.0 for residential uses,provided that. 1.0 for residential uses,provided that.
residential FAR may be increased by.5 residential FAR may be increased by.5 residential FAR may be increased by.5
if parking is provided below grade,up if parking is provided below grade,up if parking is provided below grade,up
to a maximum of 1.5 to a maximum of 1.5. to a maximum of 1.5.
Site coverage Forty(40)percent for commercial uses. Forty(40)percent for commercial uses. Forty(40)percent for commercial uses.
Seventy-five(75)percent for Sixty(60)percent for commercial uses Sixty(60)percent for commercial uses
commercial uses with residential uses, with residential uses,provided that with residential uses,provided that
provided that twenty-five(25)percent twenty-five(25)percent of the gross twenty-five(25)percent of the gross
of the gross floor area is residential use. floor area is residential use. floor area is residential use.
Height Twenty-five(25)feet,provided that Twenty-five(25)feet,provided that Twenty-five(25)feet,provided that
basic heights may be increased up to the basic heights may be increased up to the basic heights may be increased up to the
maximum height of fifty(50)feet'° maximum height of forty(40)feet... maximum height of forty(40)feet"'
Front yard Zero(0)feet;provided that some Zero(0)feet;provided that some Zero(0)feet;provided that some
setback may be required in the front setback may be required in the front setback may be required in the front
yard to accommodate a sidewalk which yard to accommodate a sidewalk which yard to accommodate a sidewalk which
shall be at least ten(10)feet in width. shall be at least ten(10)feet in width. shall be at least ten(10)feet in width.
Rear and side vard Zero(0)feet:provided that setbacks of Zero(0)feet:provided that setbacks of Zero(0)feet,provided that setbacks of
at least twenty(20)feet will be required at least twenty(20)feet will be required at least twenty(20)feet will be required
in any rear or side yards that are in anv rear or side yards that are in any rear or side yards that are
adjacent to a residential zoning district. I adiacent to a residential zoning district. adiacent to a residential zoning district.
Off-street parking Retail/office uses:Three and one-half Retail/office uses: Four(4)spaces per Recul/office uses: Four(4)spaces per
(3.5)spaces per thousand(1,000) thousand(1.000)square feet of floor thousand(1.000)square feet of floor
square feet of floor area area.`'' area.
Residential uses (3) Residential uses" Residential usesO1
(1) The following height modifications shall apply: twenty-five (25) percent of overall gross floor
i. Five-foot increases for developments containing area is in commercial uses.
residential uses, provided that twenty-five (25) iii Two-bedroom: 2.0/du without commercial uses;
percent of gross floor area is in residential use. 1.25/du with commercial uses, provided that
ii. Five-foot increases for parking under the twenty-five (25) percent of overall gross floor
building. area is in commercial uses.
iii. Five-foot increases for using a pitched roof form.
iv. Five-foot increase for stepping back from the top
floor(minimum of five feet).
(2) The first three hundred (300) square feet of retail or
office space that is a part of an individual residential
unit is exempt.
(3) The following parking requirements shall apply:
i. Studio: .75 per dwelling unit (du) without
commercial uses; .50/du with commercial uses,
provided that twenty-five (25) per cent of overall
gross floor area is in commercial uses.
it. One-bedroom: 1.5/du without commercial uses;
1.0/du with commercial uses, provided that
15.04 - 25
DRAFT
Sec. 15.04.210. Development Standard Conditions. from the property line.
12. The side yards shall have an aggregate width of ten
1. Minimum lot of record or five thousand (5,000) (10)percent of the lot width, but the aggregate width
square feet,whichever is less. need not be more than forty(40)feet.There shall be a
2. None, except as required by landscaping, or if off- minimum of fifteen(15)feet on each side.
street parking is provided or, site. See the downtown 13. The side yards shall have an aggregate width of ten
design review criteria outlined in section 15.09.048. (10) percent of the lot width, but the aggregate width
3. No minimum setback is required. If a rear and/or side need not be more than thirty (30) feet. There shall be
yard abuts a residential district, a twenty-foot rear a minimum of ten(10)feet on each side.
and/or side yard setback may be required. See the
downtown design review criteria outlined i* secion 14. The side yards shall have an aggregate width of ten
15.09.048. (10) percent of the lot width, but the aggregate width
4. For properties abutting on West Valley Highway, the need not be more than twenty-five (25) feet. There
frontage on West Valley Highway shall be considered shall be a minimum of ten (10)feet on each side.
the front yard. 15. A side yard of at least five (5) feet in depth shall be
5. The minimum front yard setback shall be related to provided along the side property lines, except no side
the classification of the adjacent street. This yard shall be required between adjacent properties
classification shall be determined by the city where a common, shared driveway with a perpetual
transportation engineer.The setbacks are as follows: cross-access easement is provided to serve the
a. Properties fronting on arterial and collector adjoining properties.
streets shall have a minimum setback of twenty 16. Where a side yard abuts a residential district, a side
(20)feet. yard of at least twenty (20)feet shall be provided.
b. Properties fronting on local access streets shall 17. The minimum side yard on the flanking street of a
have a minimum setback of twenty(20) feet. corner lot shall be related to the classification of the
6. The minimum front yard setback shall be related to adjacent street.This classification shall be determined
the classification of the adjacent street. This by the city transportation engineer. The setbacks are
classification shall be determined by the city as follows:
transportation engineer. The setbacks are as follows: a. Properties fronting on arterial and collector
a. Properties fronting on arterials and collector streets shall have a minimum setback of forty
streets shall have a minimum setback of forty (40) feet.
(40)feet. b. Properties fronting on local access streets shall
b. Properties fronting on local access streets shall have a minimum setback of thirty (30) feet.
have a minimum setback of thirty (30)feet. 18. The side yard on the flanking street of a corner lot
7. The front yard shall be ten (10) percent of the lot shall be at least ten (10) percent of the lot width,
unless the ten (10) percent fi!:ure would result in a
depth. Regardless of lot size, the yard depth need not s;oe yard of greater than twec;y (20) feet, in which
be more than thirty-five (35) feet.
case the side yard need not be more than twenty (20)
8. No side yard is required, except when abutting a feet.
district other than NCC, and then the side yard shall
be not less than twenty (20)feet in width. 19. No rear yard is required, except abutting a residential
district, and then the rear yard shall be twenty (20)
9. No side yard is required,except when abutting a more feet minimum.
restrictive district, and then the side yard shall be not
less than twenty (20)feet in width. 20. No rear yard is required, except as may be required
by other setback provisions of this section.
10. No side yard is required, except abutting a residential
district, and then the side yard shall be twenty (20) 21. No rear yard is required, except as may be required
feet minimum. by transitional conditions.
11. An aggregate side yard of thirty (30) feet shall be 22. A rear yard of at least five (5) feet in depth shall be
provided. A minimum of ten (10) feet shall be provided, except when a rear yard abuts a residential
provided for each side yard. On a corner lot the side district, and then a rear yard of at least twenty "20)
yard setback shall be a minimum of twenty (20) feet feet in depth shall be provided.
15.04 26
DRAFT
district, and then a rear yard of at least twenty (20) conditions, or where the industrial properties face on
feet in depth shall be provided. a limited access surface street on which the housing
does not face. When transitional conditions exist as
23. Transitional conditions shall exist when an industrial defined in this subsection, a yard of not less than fifty
park MI district adjoins a residential district (50)feet shall be provided.
containing a density of two(2)dwelling units or more
per acre or a proposed residential area indicated on 28. Industrial development in the MA district abutting the
the city comprehensive plan. Such transitional Green River, or Russell Road or Frager Road where
conditions shall not exist where the separation such roads follow the river bank, shall be set back
includes intervening use such as a river, freeway, from the ordinary high-water mark of the river a
railroad main line, major topographic differential or minimum of two hundred (200) feet. Such setbacks
other similar conditions, or where the industrial are in accordance with the city comprehensive plan
properties face on a limited access surface street on and are in accordance with the high quality of site
which the housing does not face. When transitional development required for the industrial parks area of
conditions exist as defined in this subsection, a yard the city, which MA areas are designated to become in
of not less than fifty(50)feet shall be provided. the city comprehensive plan, and are in accordance
with the state Shoreline Management Act of 1971,
24. Transitional conditions shall exist when an M2 and shall be no more restrictive than,but as restrictive
district adjoins a residential district containing a as, the Shoreline Management Act.
density of two (2)dwelling units or more per acre or a
proposed residential area indicated on the city 29. Development in the MI district abutting the Green
comprehensive plan. Such transitional conditions River, or Russell Road or Frager Road where such
shall not exist where the separation includes an roads follow the river bank. shall be set back from the
intervening use such as a river, freeway, railway main ordinary high-water mark of the river a minimum of
line, major topographic differential or other similar two hundred (200) feet. Such setbacks are in
conditions, or where the industrial properties face on accordance with the state Shoreline Management Act
a limited access surface street on which the housing of 1971, and shall be no more restrictive than, but as
does not face. When transitional conditions exist as restrictive as, the Shoreline Management Act.
defined in this subsection, a yard of not less than fifty 30. The planning director shall be authorized to grant one
(50)feet shall be provided. 0) additional story in height, if during development
25. Transitional conditions shall exist when an M3 plan review it is found that this additional story would
district adjoins a residential district containing a not detract from the continuity of the area. More than
density of two (2)dwelling units or more per acre or a one (I) additional story may be granted by the
proposed residential area indicated on the city planning commission.
comprehensive plan. Such transitional conditions 31. The downtown design review requirements of section
shall not exist where the separation includes an 15.09.048 shall apply.
intervening use such as a river, railroad main line, No maximum height limit is required. See the
major topographic differential or other similar wn design review criteria outlined in section
conditions, or where the industrial properties face on downtown
a limited access surface street on which the housing 15
does not face. When transitional conditions exist as 33. Beyond this height, to a height not greater than either
defined in this subsection, a vard of not less than fifty four (4) stories or sixty (60) feet, there shall be added
(50) feet shall be provided. one (1) additional foot of yard for each additional
foot of building height.
26. Structures for feeding, housing and care of animals 34 The planning director shall be authorized to approve
shall be set back fifty (50) feet from any property a height greater than four(4) stories or sixty (60) feet,
line. provided such height does not detract from the
27. Transitional conditions shall exist when an MA continuity of the area. When a request is made to
district adjoins a residential district containing a exceed the building height limit, the planning director
density of two(2)dwelling units or more per acre or a may impose such conditions, within a reasonable
proposed residential area indicated on the city amount of time, as may be necessary to reduce any
comprehensive plan. Such transitional conditions incompatibilities with surrounding uses.
shall not exist where the separation includes an 35. Beyond this height, to a height not greater than either
intervening use such as a river, railroad main line, four (4) stories or sixty (60) feet, there shall be added
major topographic differential or other similar one (1) additional foot of yard for each one (1) foot
15.04 - 27
DRAFT
of additional building height. The planning director the property or structure. Outside storage or
shall be authorized to approve one (1) additional operations yards shall be confined to the area to the
story, provided such height does not detract from the rear of the principal building or the rear two-thirds of
continuity of the industrial area,and may impose such the property and reasonably screened from view from
conditions as may be necessary to reduce any any property line by appropriate walls, fencing, earth
incompatibility with surrounding uses.Any additional mounds or landscaping. Outside storage exceeding a
height increase may be granted by the planning height of fifteen (15) feet shall be so placed on the
commission. property as to not detract from the reasonably
36. The height limitation is two (2) stories or thirty-five
accepted appearance of the district.
(35) feet. Beyond this height, to a height ner greater 44. Outside storage or operations yards shall be confined
than either four (4) stories or sixty (60) .get, there to the area to the rear of a line which is an extension
shall be added one (1)additional foot of yar:. for each of the front wall of the principal building, and shall be
one (1) foot of additional building he�cnt. The reasonably screened from view from any street by
planning director shall be authorized to approve one appropriate walls, fencing, earth mounds or
(1) additional story, provided such height does not landscaping.
detract from the continuity of the industrial area, and 45. Outside storage or operations areas shall be fenced
may propose such conditions as may be necessary to for security and public safety at the property line.
reduce any incompatibility with surrounding uses.
46. All vehicular drive-through, drive-in or service bays
Any additional height increases may be granted by
and similar facilities shall be designed so that such
the planning commission.
facilities, including vehicular staging or stacking
37. The height limitation is two (2) stories or thirty-five areas, shall be oriented away from the adjacent street.
(35) feet. Beyond this height, to a height not greater Additional landscaping or fencing may be required to
than either four (4) stories or sixty (60) feet, there ensure visual screening of these facilities from the
shall be added one (1) additional foot of yard for each adjacent street or proper-ties.
two (2) feet of addition,: building height. The
planning director shall be sc...orized to approve one 47. Loading areas must be located in such a manner that
(1) additional story, provided such height does not no loading, unloadmc or maneuvering of trucks
detract from the continuity of the industrial area, and associated therewith takes place on public rights-of-
may impose such conditions as may be necessary to way.
reduce any incompatibility with surrounding uses. 4& Earth berms and landscaping shall be provided along
Anv additional height increases may be granted by
street frontages as necessary to screen dock-high
the planning commission. loading areas from public rights-of-way. Berms shall
38. The height limitation is three (3) stories or forty (40) be a minimum of th,rty-six (36) inches and a
feet. An additional story or building height may be maximum of forty-two (42) inches in height.
added, up to a maximum of five (5) stories or sixty Landscaping located on the berm shall conform to
(60) feet, with one (1) additional foot of building type III landscaping as described in subsection
setback for every additional foot of building height 15.07.050 C.
over forty (40) feet. 49. Earth berms and landscaping shall be provided along
39. Outdoor storage areas are prohibited. street frontages as necessary to screen dock-high
40. Outdoor storage areas shall be fenced for security and loading areas from public rights-of-way. Berms shall
public safety by a sight-obscuring fence unless it is be a minimum of thirty (30) inches in height.
determined through the development plan review that Landscaping located on the berm shall conform to
a sight-obscuring fence is not necessary. type III landscaping described in subsection
41. Any unfenced outdoor storage areas shall be paved 15.07.050 C. pertaining to visual buffers.
with asphaltic concrete,cement or equivalent material 50. Loading areas must be located in such a manner that
to be approved by the city engineer. no loading, unloading or maneuvering of trucks
42. Outdoor storage (for industrial uses) shall be at the associated therewith takes place on public rights-of-
wav
rear of a principally permitted structure and shall be
completely fenced. 5 L Earth berms and landscaping shall be provided along
43. Outside storage or operations yards in the M I zone street frontages as necessary to screen dock-high
shall be permitted only as accessory or uses. Such uses loading areas from public rights-of-way. Berms shall
be a minimum of twenty (20) inches in height.
are incidental and subordinate to the principal use of Landscaping located on the berm shall conform to
15.04 - 28
DRAFT
type III landscaping described in subsection
15.07.050 C. pertaining to visual buffers.
15.04 - 29
Kent City Council Meeting
Date June 16, 1998
Category Bids
1 . SUBJECT: KENT MERIDIAN HIGH SCHOOL SANITARY SEWER REPAIR
2 . SUMMARY STATEMENT: The bid opening for this project was
held on June loth with six bids received. The low bid was
submitted by Insituform West, Inc. in the amount of $53, 855. 83 .
The Engineer' s estimate was $73, 143 .
The Public Works Director recommends that the contract be
awarded to Insituform West, Inc .
3 . EXHIBITS: Public Works Director memorandum
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $53, 855. 83
SOURCE OF FUNDS: Miscellaneous Sewer Repair (D20)
7 . CITY COUNCIL ACTION:
:
Councilmember ,� �,K moves, Councilmember seconds
that the Kent Meridian High School Sanitary Sewer Repair
contract be awarded to Insituform West, Inc. for the bid amount
of $53, 855. 83 .
DISCUSSION:
ACTION:
Council Agenda
Item No . 5A
DEPARTMENT OF PUBLIC WORKS
June 12, 1998
TO: Mayor & City Council
FROM: Don Wickstrom CIA)
RE: Kent Meridian High School Sanitary Sewer Repair
Bidders Checklist Review
We received bids from six companies for the above named project. The bids were as
follows:
Alternate 1 Alternate 2 Alternate 3
(Insituform) (Slip Lining) (New Main Const.)
1. Insituform West, Inc. $53,855.83 $ 0.00 $ 0.00
2. Planned and Engineered Const. Inc. $60,968.04 $ 0.00 $ 0.00
3. CJ's Construction Services $ 0.00 $175,579.86 $ 0.00
4. King Construction $ 0.00 $ 0.00 $179.792.73
5. Gary Harper Construction, Inc. $ 0.00 $186,297,87 $225,485.09
6. Laser Underground & Earthworks Inc. $ 0.00 $ 0.00 $296,532.30
Insituform West is a well established company which specializes in trench pipeline
rehabilitation work. They have the appropriate equipment and are qualified to do this
project. I reviewed the bid documents for Insituform West, Inc., the lowest bidder. Their
bid package is complete and acceptable. Alternate 1 is the preferred construction method
of the three alternates. The Public Works Director recommends awarding this project to
Insituform West, Inc.
MOTION:
Councilmember moves, Councilmember seconds that the
contract be awarded to Insituform West, Inc. for the bid amount of $53,855.83.
NYDWO12
Kent City Council Meeting
Date June 16, 1998
Category Bids
1 . SUBJECT: S . 277TH STREET INTERCEPTOR
2 . SUMMARY STATEMENT: The bid opening for this project was
held on June loth with seven bids received for Schedule I and
Schedule II . The apparent low bid for Schedule I by itself and
Schedule I & II together was submitted by Robison Construction
in the amount of $2, 514, 956. 63 (Schedule I) and $3, 735, 197 . 09
(Schedule I & II) . The Engineer ' s estimate for Schedule I was
$5, 362, 271 . 61 and for Schedule I & II was $8, 213, 651 . 49.
The Director of Public Works recommends that the Mayor be
authorized to award the construction contract to the most
satisfactory and responsible bidder for either Schedule I by
itself or Schedule I & II together, upon the Public Works
Director ' s concurrence as to the award.
3 . EXHIBITS: Public Works Director Memorandum
4 . RECO14ENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission,
5. UNBUDGETED FISCAL/PERSONNEL IMPACT• NO X YES
6. EXPENDITURE REQUIRED: $3, 735, 197 . 09
SOURCE OF FUNDS: Metro/King County 277th Sewer (D31)
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
that the Mayor" aauthorized to awtird the construction contract
to the most satisfac and re,spponsible bidder for either
Schedule I by itself or chedaaie I & II together, upon the
Public Works Director' s concurrence as to the award.
DISCUSSION:
ACTION:
Council Agenda
Item No. 5B
ITEM 5B
S. 277th Street Interceptor
MOVE: that the Mayor be authorized, upon concurrence
by the Public Works Director, to reject all bids on the
project or to award the construction contract to the most
satisfactory and responsible bidder for either Schedule I by
itself, or for Schedules I & II together.
DEPARTMENT OF PUBLIC WORKS
June 12, 1998
TO: Mayor & City Council
FROM: Don Wickstrom 'k
RE: S. 277`' Street Interceptor
Bid opening for this project was held on June 10`h with 7 bids received for Schedule I and
Schedule H. The apparent low bid for Schedule I by itself and Schedule I & II together was
submitted by Robison Construction in the amount of $2,514,956.63 (Schedule 1) and
$3,735,197,09 (Schedule I & 11). The Engineer's estimate for Schedule I was
$5,362,271.61 and for Schedule I & II was $8,213,651 .49.
Schedule I Schedule II Total
1. Robison Construction $2,514,956.63 $1,220.240.46 $3,735.197.09
2. E.J. Rody & Sons, Inc. $3,006,562.76 $1,518,588.55 $4,525,151.32
3. Scarsella Bros, Inc. $3,401,764.14 $1,644 528.17 $5,046,292.31
4. Tydico, Inc. $3,849,848.28 $1,844.929.38 $5,694,777.66
5. Tri-State Construction $3,605,800.07 $2.102.376.97 $5,708,177.04
6, Gary Merlino Construction $4,040,629.16 $2,983,401.64 $7,024,030.80
7. Frank Coluccio Construction $4,613,566.92 $2,423.645.75 $7,037,212.67
MOTION:
Councilmember moves, Councilmember seconds that the Mayor
be authorized to award the construction contract to the most satisfactory and responsible
bidder for either Schedule I by itself or Schedule I & 11 together, upon the Public Works
Director's concurrence as to the award.
NYDWO13
CONTINUED COMMUNICATIONS
A.
R E P O R T S
A. COUNCIL PRESIDENT
B. OPERATIONS COMMITTEE
C. PUBLIC SAFETY COMMITTEE
D. PUBLIC WORKS/PLANNING COMMITTEE
E. PARKS COMMITTEE
F. ADMINISTRATIVE REPORTS
PUBLIC WORICS/PLANNING COMMITTEE MINUTES
June 1, 1998
Present: T-im Clark Don Wickstrom
Rico Yingling Jim Harris
Tom Brotherton
Railroad Franchise Agreements
Wickstrom said we reviewed all our franchises granted to the Railroad over the
history of the City and have found some were issued in perpetuity which we cannot
do under state law. What we have today is a `clean-up' proposal of all our
outstanding franchises. He stated there are some that require repealing and some,
even though repealed, we will end up renegotiating with the Railroad. Wicicstrom
asked for the Committee's authorization to repeal those that are requested in the
Ordinance and renegotiate the others.
In response to Clark's question of whether this has anything to do with the grade
separation project, Wickstrom said it stems from an issue with the 196`' Street
Corridor.
Brotherton asked why we should renegotiate some franchises that have expired and,
do they still exist without renegotiations or, do the expired franchises have any
harmful impacts on the City? Wickstrom said it does have an impact as it relates to
the use of public streets; we do not want to set a precedent for all the other
franchisees. We need to bring everything up to date and address all our franchisees
the same way.
Committee unanimously recommended proceeding with authorization of repealing of
certain specific franchise ordinances and, authorize renegotiations of others.
Western Processing Trust Agreement
Wickstrom said that this is part of our 196`t' St. Corridor project. We will be crossing
a part of the Western Processing property and we will be working through
Environmental Protection Agency (E.P.A.) however, Western Processing is willing to
work with us. Wickstrom noted that the Trust is proceeding with capping the
Western Processing site. As part of that, they are anxious to do this because it will
help them move through their regulatory process to close out that site and to build
the ramp to the bridge over the tracks. He explained that this is a great opportunity
for us because E.P.A. would go along with the Trust; they work out all the issues; the
Trust will be building the ramp and this will save us from dealing with regulatory
issues and contractor issues working on a hazardous waste superfund site.
Wickstrom said that they are on a fast track hoping for an award date of July Pt.
At this point we only have the concept and we are presenting to this Committee the
idea that it's in our best interest to proceed and authorize the Trust to do the work
and we would reimburse them for the cost. He said the work would be completed
and we would get E.P.A.'s concurrence with implementation of the project.
Wickstrom requested authorization for the Mayor to sign an agreement once the
Public Works Dept and the City Attorney concurs with the language. We will place
it on the next Council meeting however, at the next Public Works/Planning
Committee, we will actually bring the document back for your review and it would
then be placed on the following Council agenda for adoption. He said that would
meet their time frame for construction.
For clarification, Wickstrom explained that capping a site inhibits any penetration of
rainwater. They have a slurry wall which essentially, encapsulates the site. At a
certain depth, there is hardpan which prevents bad material from penetrating into the
deeper groundwater. With regard to coordination, Wickstrom noted that our
coordination will be giving them the design for our approach ramp to the bridge and
they will build it.
Brother-ton noted that E.P.A. needs to approve this and sometimes different agencies
have different requirements and this could take longer then we expect. Should that
occur, how much are we committing to this particular agreement and therefore
becoming more dependent on E.P.A.'s final approval before we proceed? Wicistrom
stated that E.P.A. will not give us separate approval. They will approve the Trust's
final plan. The Trust will build the ramp and that's all E.P.A. is concerned about
since the roadwork. doesn't require a permit. He noted that the slurry wall is on the
south side of 196' which has been the property line of Western Processing and
everything north of 196`'', which is part of the Western Processing site will not be in
that capsulated site because, according to the Trust, it has been cleaned up
sufficiently. E.P.A. says it can be put back into use and our road skirts that property
line with a fill going onto the Western Processing site. Brotherton asked if we need
E.P.A.'s approval. Wickstrom said this would resolve how we get that approval
because, they won't officially approve a plan we have. He said the road is going
through and this limits our liability and essentially will expedite the permit process.
Committee unanimously recommended authorization for the Mayor to sign the
Agreement with Western Processing Trust for certain 196' Street Corridor
improvements, subject to concurrence with the terms and conditions thereof by the
Public Works Director and City Attorney.
In response to Clark, Wicicstrom explained that the `Trust' is a conglomerate of the
principal and responsible parties with Boeing being the major player and the lead
agency.
Meeting adjourned: 4:1 S p.m.