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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 07/07/1998 jij! nt ± 1,IX�'ji�lsjl k! It'd U I'1"e eet l' it „ sl ! y AM ! Er !' I .;; .. Ag d. it EP CITY OF "I! �" i r E p s it tit of 1, t• f � ! 1^i3 i I c c3" R , ,t k' y i Mayor h Inite i k Cound0o Viers ! R Leona Otr� ident grEli, it dy Amodt onnie Eppelr y " f Woods Toms Brotherton #iglu,' Tim dark `��� �I��o Yingling ,July 7, ,,�kkR d i "i;ii EPlerk Office of kil s< CITY OF J"LEDBIT SUMMARY AGENDA KENT CITY COUNCIL MEETING July 7, 1998 Council Chambers 9 7:00 p.m. MAYOR: Jim White COUNCILMEMBERS: Leona Orr, President Sandy Amodt Tom Brotherton Connie Epperly Rico Yingling Tim Clark Judy Woods CALL TO ORDER FLAG SALUTE ROLL CALL 1. PUBLIC COMMUNICATIONS A. Employee of the Month B. Kent Downtown Partnership Presentation C. Parks and Recreation Month Proclamation 2. PUBLIC HEARINGS None 3 . CONSENT CALENDAR A. Approval of Minutes B. Approval of Bills -C-. Salt Air Vista Park Agreement Amendment - Approval D. The Way Back Inn Foundation Rental Agreement Renewal - Approval -E. Saturday Market Payoff and Budget Change - Approval .F. Parks Maintenance Replacement Tractor Budget Change - Approval G. Excused Absence for Councilmember Clark - Approval Property Forfeiture and Disposal Code Amendments - ordinance I. Parks and Recreation Code Amendments - Ordinance J. Criminal Code Amendments - Ordinance ) r _ Traffic and Motor Vehicles Code Amendments - Ordinance ,* L. Interurban Trail Signals - Acceptance M. Shoreline Master Program Update - Approval and _ Establishment of Budget { N Zoning Code Amendments, Phase I - Ordinance Fire Code Amendments - Ordinance C P. 196th Street Corridor Condemnation - Ordinance 4. OTHER BUSINESS A. School District Capital Facilities Plan Amendment $ccept�/,nceof Donation of Gunther Family Trust Property '.o f f V wU7C'r" Kcri 5. BIDS A. Green River Enhancement _B. S. 196/Russell Road Improvements 6. CONTINUED COMMUNICATIONS 7 . REPORTS EXECUTIVE SESSION - (1) Pending Litigation (2) Property Acquisition 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) Employee of the Month B) Kent Downtown Partnership Presentation C) Parks and Recreation Month Proclamation ................... CONSENT CALENDAR 3 . city council Action: Councilmember moves, Councilmember seconds that Consent Calendar Items A through P be approved. Discussion Action 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of June 16, 1998, and correction of the minutes of the regular meeting of June 2, 1998 regarding the property address for Rhododendron Estates Preliminary Plat as follows: 15809 124th Avenue SE should read 25809 124th Avenue SE 3B. Approval of Bills. Approval of payment of the bills received through June 15 and paid on June 15, 1998 , after auditing by the Operations Committee on June 16, 1998 . Approval of checks issued for vouchers: Date Check Numbers Amount 6/15/98 201091-201564 $ 617 , 593 . 07 6/15/98 201565-201946 1 , 997 , 421. 53 $2 , 615, 014 . 60 Approval of checks issued for payroll for May 16 through May 31, 1998, and paid on June 5 , 1998 : Date Check Numbers Amount 6/5/98 Checks 227933-228269 $ 246, 553 . 64 6/5/98 Advices 66476-67018 741, 464 .80 $ 988 , 018 . 44 Council Agenda Item No. 3 A-B Kent, Washington June 16, 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, and Yingling, Operations Director/Chief of Staff McFall, Assistant City Attorney Brubaker, Planning Director Harris, Public Works Director Wickstrom, and Parks Director Hodgson. Councilmember Woods was excused from the meeting. Approximately 20 people were in attendance. PUBLIC Sister City Association International Award COMMUNICATIONS Winner. JoAnn Schaut of the Kent Arts Commission and the Sister City Committee, introduced Anna Slater who has been named one of the ten first place winners in the International Sister Cities Youth Art Program. Ms. Slater's work was dis- played and Ms. Schaut and Mayor White presented her with the award and noted that she will also receive $300 from Sister Cities International. Ms. Slater noted that her artwork will be dis- played across the country and that she intends to attend art school in the future. American Cancer Society Award, Mayor White introduced the Chair of Kent' s Wellness Committee, Barbara Ekstrom, and presented the American Cancer Society Award to her. He noted that Kent raised $12 , 777 . 58 this year and challenged other cities to raise funds as well. Ms. Ekstrom thanked all the employees, their spouses and friends who helped raise this money. CONSENT ORR MOVED that Consent Calendar Items A through CALENDAR I be approved. Clark seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of June 2 , 1998 . SEWER (BIDS - ITEM 5A) Kent Meridian Hiah School Sanitary Sewer Repair. 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. CLARK MOVED that the Kent Meridian High School Sanitary Sewer Repair contract be awarded to Insituform West, Inc. for the bid amount of 1 Kent City Council Minutes June 16, 1998 SEWER $53 , 855.83 . Epperly seconded and the motion carried. STREETS (BIDS - ITEM 5B) S. 277th Street Interceptor. The bid opening for this project was held on June 10 with seven bids received for Schedule I and Schedule II. The apparent low bid for Schedule I by itself and Schedules I and II together was submitted by Robison Construction in the amount of $2 , 514 , 956. 63 (Schedule I) and $3 ,735, 197 . 09 (Schedules I and II) . The Engineer' s estimate for Schedule I was $5 , 362,271. 61 and for Schedules I and II was $8 , 213 , 651.49 . Wickstrom noted that the City of Kent is acting as the lead agency for King County Metro, and that the system services both Kent and Soos Creek Sewer and Water District. He explained that Soos Creek recently asked the City to review some major design changes, and that Metro has been asked to determine whether they want to recon- sider before award of the bid. Wickstrom noted that if revisions are necessary, the bids could be rejected and the project be rebid. CLARK MOVED 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 and II together. Epperly seconded and the motion carried. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3I) Western Processing Trust Agreement. AUTHORI- ZATION to allow the Public Works Director and the City Attorney to finalize the necessary documents to have the Boeing Company construct an embank- ment 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. 2 Kent City Council Minutes June 16, 1998 TRANSPORTATION (CONSENT CALENDAR - ITEM 3F) Transportation Improvement Board Grant - SR 516 at 256th. 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. (CONSENT CALENDAR - ITEM 3G) Transportation Im rov aent Board Grant - 64 Ave. So. to West valley Highway. 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. (CONSENT CALENDAR - ITEM 3H) Trans ortation Im rovement Board Grant - James St To 4th Ave. So. AUTHORIZATION for the Mayor to sign the TIB grant agreement, accept the grant and establish a budget for $74 , 000, as recom- mended 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. RAILROAD (CONSENT CALENDAR - ITEM 3D) FRANCHISE Railroad Franchise Agreements. 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 which will either amend or repeal the franchise ordinances which are pur- portedly controlling crossings, as recommended by the Public Works/Planning Committee. The Public Works Dept and the City Attorney' s office have been reviewing railroad mainline and spur cros- sings within the City. 3 Kent City Council Minutes June 16, 1998 COMMUTER RAIL (OTHER BUSINESS - ITEM 4D) (ADDED BY COUNCIL PRESIDENT ORR) Commuter Rail Site. Council President Orr no that the recent decision of Sound Transit and the location of the station in Kent was discussed at the Operations Committee meeting today. She said concern has been expressed by the Councilmembers in attendance at the Committee meeting as to the way the decision was handed down. She said she was asked to prepare a letter to be sent to Mr. Steven Goldblatt of the Citizens Oversight Committee. She noted that a version of the letter was passed by the Committee on a 2-1 vote, and that after the meeting she and another Councilmember revised the letter. ORR stated that copies of the revised letter have been pro- vided to all Councilmembers and MOVED to send the letter to Mr. Goldblatt of the Sound Transit Board, c/o Citizens Oversight Committee. Brotherton seconded and the motion carried with Clark opposed. PLAT (OTHER BUSINESS - ITEM 4A) Swan Court II Preliminary Plat #BU-98-5. 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. CLARK MOVED to approve the Hearing Examiner' s recommendation of approval with conditions of the Swan Court II preliminary plat. Orr seconded and the motion carried. ANNEXATION (OTHER BUSINESS - ITEM 4B) Horseshoe Acres Annexation. 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. Planning Director Harris showed a map of the area and outlined the boundaries. He noted that al- though his memo mentions 42 persons living in the area, there are probably quite a few less. Upon Clark' s question, Harris stated that none of the 4 Kent City Council Minutes June 16, 1998 ANNEXATION area is in the agricultural district and that the county' s zoning is industrial, as is the City's. Wickstrom explained for Yingling that there is no drainage system in the area and that a storage facility and an outlet to the river will even- tually be needed. He noted that there is a major development occurring in the south which will contain new roads and a drainage system. CLARK MOVED to accept the 10% annexation petition and to authorize the circulation of the 60% peti- tion for the proposed Horseshoe Acres Annexation. Orr seconded and the motion carried. Dana Warren, 500 Union Street, Suite 900, Seattle, representing Opus Northwest, the appli- cant, explained the history of the project, noting that discussions were begun with the City six months ago in an effort to provide water and sewer availability. He stated that they will improve the roads and sewer in the area, contri- bute to traffic mitigation programs, and increase clearance under the railroad trestle. ZONING CODE (OTHER BUSINESS - ITEM 4C) Zoning Code URdate Phase I. ZCA-98-1. 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" , and ensur- ing that the Code is consistent with itself, other sections of the City Code and with recent changes to State law. Kevin O 'Neill of the Planning Department noted that this issue was discussed at the Committee of the Whole meeting on June 2nd. He said that the second phase will deal with more substantive issues. He noted that the Land Use and Planning Board began holding workshops in January, had a public hearing on May 26 , and recommend approval of the changes indicated in the staff report. CLARK MOVED to approve 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. Brotherton seconded and the motion carried. 5 Kent City Council Minutes June 16, 1998 COUNCIL (CONSENT CALENDAR - ITEM 3E) Excused Absence For councilmember Woods. APPROVAL of an excused absence from tonight' s Council meeting for Councilmember Judy Woods, as she will be unable to attend. POLICE (CONSENT CALENDAR - ITEM 3C) Donation of Old VHF Portable Radios to Bremerton Police. 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, which are of no value to the Police Department or any other department within the City, and would be of no value at public auction. Bremerton Pol _ce Department has spare parts and accessor:_es for these models and replacement of the crystals would be their responsibility. FINANCE (CONSENT CALENDAR - ITEM 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 227556-22793Z $ 271, 834 . 38 5/20/98 Advices 65951-66475 771, 911. 81 $1, 043 , 746. 19 REPORTS Council President. Orr announced that the Suburban Cities Association' s Board meeting has been changed to June 24 and asked any Council- member who is available to attend for Mr. Clark to contact Ms. Banister. 6 Kent City Council Minutes June 16, 1998 REPORTS Orr asked Councilmembers to contact Ms. Banister regarding the Cornucopia Days Parade. Orr noted that copies of the letter to Sound Transit discussed earlier this evening are available. Upon Clark' s question, it was noted that information regarding the Gas Tax Option Summit is available in the Mayor' s Office. EXECUTIVE At 7 : 29 p.m. McFall reminded Councilmembers of SESSION the Executive Session regarding property negotia- tion and litigation which had been added to agenda at the beginning of the meeting. He noted that it would last approximately 15 minutes, and the meeting then recessed. ADJOURNMENT The meeting reconvened and adjourned at 8: 08 p.m. Brenda Jac er, CMC City Cle 7 Kent City Council Meeting Date July 7 1998 Category Consent Calendar 1. SUBJECT: SALT AIR VISTA PARK AGREEMENT AMENDMENT - APPROVAL 2 . SUMMARY STATEMENT: Accept $1, 524 from Dwane Ott for Condition 2 from the 26th Place South Street Vacation Agreement and amend the Salt Air Vista Park budget. On May 2 , 1995, Council approved an application from Dwane L. Ott to vacate a portion of 26th Place South at Salt Air Vista Park. The agreement allowed Mr. Ott to cut in a trail at the park, which is adjacent to his property. The trail work has not been completed to date, therefore the Parks Department is seeking approval to revert to the original "Condition 2" of the agreement, which is payment of cash for the vacated right-of- way. Parks staff has agreed to payment of $1, 524 in lieu of the trail improvements. 3 . EXHIBITS: Letter of Agreement, Council minutes of 5/2/951 and Planning Department memo of 5/2/95 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3C Sea Tac Parts Warehouse 262 South 2-43th Street Kent, WA 93032 RECEIVED S EP ? 7 jaag c:rr <evr 3UII INC ,vtav °= finis s to se^re as a !e er cI-ree nett be^veea Dwane Cn and 'he C:ry of Kent P:�res Devarrne.^.t. I agree m .Provide dozer ana operrtcr Lo the Kent Parr Depar neat or the c earin�, or Parks Deaart:..ent :tali located west of=5ch Place South tiorh of South -13tn. 7ais is :o :ake Piace aonrox—llaLeiv the same tine we star sae :vcr:: cn our Preeery adiaceaL :C _6tn. !.iS agree rent a :o se^re as recueste^ .e er Dv -%--t Cirr Courc:i er the reouesed vacaron of S :v-0=-= ne City of went will be resoonsioie for ail required Pe^.its and iiaoiHry for their own site located nor-.h of South ==8th and west of�6th Place. 7ac'.c Bail will re�rese^t the CiLv Parks Dec_ eat and oversee :he Kent Par_;s 7mii deveicc nent. i Siar,�r� S immature i May 21 1995 PUBLIC increased by 75% in July, but that they expect it COMMUNICATIONS will be full within 24 hours . He thanked the 5 City for their support on behalf of the Board, the staff, the volunteers and the women and children who have found safety, support and strength at D.A.W.N. ' s shelter. The Mayor cam- mended Smith and D.A.W.N. for their work in the community. CONSENT WOODS MOVED that Consent Calendar Items A through C_kLENDAR J be approved. Johnson seconded and the motion Carded. K T-71ES (CCNS.y:I'' CALENDAR - yT='� 3A) - -1 Aloprova' of uinutes . A.PPRCVAL of the minu9gs o_ 5 . the regular C=unci_ meeting of Apra 13 �;,-^ ? y (CONSZN. T C_xL=AR - H r: „gym Liadental Phase ACTH_CR=ZA^_'ICN to accapt the SA:VI_--_IvN Bill of „Sale for Lindenta Phase I submitted by Ralph D. and Gert ude 0. Gathrie, for 2 , 421 feet of street improvements and 2 , 089 `_eet of storm L U 1 sewers and release of bonds after e.�cpiration period, as recommended by the Public Works Director. The project is located on S .E. 265t= Place & S . E. 264th Str=ez. WATER (CONS c'"`..TT C.AL�ZNDAR - ITS 3 D) ajahl ne Water Dist-; c} Tnts=t a ?,areement. AUTHORIZATION for the Mayor to execute the Highl-ne Water District Intartie Agreement, as G r1 / recommended by the Public Works Cammittae, and upon canc•.irrence of the Public Works Director and C ' J the City Attorney. Rent and Highline shall limit the use of the water obtained through the inter- tie for fire-fighting purposes, emergency use and special maintenance purposes. STREET (PUBLIC HEA=GS - ITEM 2B) VACATION 26th Place South street Vacation STV-95-3 . This public hearing is to consider an application by Dwane L. Ott to vacate a portion of 26th Place f D South, as referenced in Resolution 1425 and as 1 shown an the accompanying map and discussed in the staff report. 3 May 2, 1995 STREET The Mayor opened the public hearing. P=re re- VACATION McAllisterhway P senting Mr. Ott, said that this location had been an illegal dump site and that thev have spent C^ over $3 , 500 to clean it up. He said they would I / ?�� like to work with the Parks Department to develop U . a trail on the site rather than compensating the City for the property. Public Works Director (� Wickstrom offered the following substitution to Condition No. 2 : "Since compensation for this vacated right-of-way is discretionary under City ordinance for this class cf right-of-way, in lieu of recui_ing same the applicant shall make im- roveme-.v to tale ad"acant City park ame_^.able to itv' s Part Director. " WCODS MOVED that the public hearing be closed. Clark seconded and the motion carried. JCHNSON MOVED to approve the Planning Depart- ment' s recommendation of approval with conditions of an application to vacate a por-ion of 26th y Place South as referenced in Resolution 1425 , .e dirct the Cityr Attorney tc preaare the necessary e ordinance, to retain the utility easements, to use the substitute language for Condition No. 2, and to enter into a wetter of Understanding to meet that condition. Bennett seconded and the motion carried. STREET (BIDS - T_TLM"4 5A) =.,SRO � �S James Street/4th Avenue Ncrth Improvements (xCRJC) . At the last Council meeting, Shoreline Constriction was awarded the contract for this project subject. to receipt of Ring County R.?C f V Traff�i:: Mitigation funds. Due to RTC bid award delays and probable increase costs if the con- tract were delayed further, it is the Public Works Director' s recommendation that the previous award be revised deleting reference to receipt of RJC funds. MA" MOVED that the James Street/ 4th Avenue Improvements project be awarded to Shoreline Construction in the amount of $282, 206 .26 , including tax. Bennett seconded and the motion carried. 4 C=TY OF KENT T PL?�TN2NG Dr_ ' TMEN_ °.1TY Of J_Q� (20E) 853 -3390 .C ME"VrC c �i7Li? Mai' 2 , o c r �• a Ma�OR j_M �v'r__TE A'NDi C -I CoTj TCIL ME`4.S-- PL?�TDTiNG D 7 RECTOR EV� - O ?vl C = CN TO SUS WZ' OR ?L7D RECCM`? -- _ T - ti3C_ POR- -- - rVE w CCnd___= T - i Dwane 2a&03 nway-Ken:: , W! 930-- t {e-- - - - - -- -_c- irr I-- __ -"+.E,--- WP__C we See.{ vac ata -as never ___ d Ne W:. % �aTTe _C vaC3�3^ =C we a= --=E=a-add -Lr =ct5 de_=cr-=ea t r.e - a_SC a --- Staff C c = Ze --CW--C agencies : Public c--ks F_=e P arxz WashingZan Natural Gas METRC Puaet Power and conducting our own rev4eWI the P1;;nn; ^a Department recommends that the recuest to vacate a portion of 26ts Place South as mentioned in Resolution 1425 and shown on the � acccmpanyina man, be rL29RoV D with the following conditions : 1 . The City shall retain utility easements over, upon and under the property to be vacated along with richt5 to crane such utility easements to other Pu ?ic a=d%er private utilit•✓ companies . ,_,..,_ cc *s---^ r s ' d • cat__ p_ �er ty Gw . .iPR/ma:a:sC�95.: Gcr N - . _. — _�!� CIT s� / - 1 / Ken E2 Ocai --- - - Its � IN �n I V l�SV .C. i+ G �3 h A� SO! 26TH PLACE STREET VACATION STV-95-3 0 AREA TO BE VACATED N Ai L r Kent City Council Meeting Date July 7 , 1998 Category Consent Calendar 1. SUBJECT: THE WAY BACK INN FOUNDATION RENTAL AGREEMENT RENEWAL - APPROVAL 2 . SUMMARY STATEMENT: Authorize renewal of the residential agreement with The Way Back Inn Foundation for five years and authorize the Mayor to sign the residential agreement. The City has leased the one-story house in Campus Park to a non-profit organization, The Way Back Inn Foundation (WBI) since July of 1993 . WBI provides temporary housing for homeless families with children under the age of 14 for a three-month period while the parents work and search for permanent housing. The Foundation has a 90% success rate. The WBI made several improvements to the residence at no cost to the City in the past five years. After an inspection on January 13 , 1998 , WBI has completed all of the urgent repairs identified by staff and has agreed to complete the remaining items by December 31, 1998 . 3 . EXHIBITS: copy residential lease 4 . RECOMMENDED BY: Staff and Parks 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 Q(04��VRENTAL AGREEMENT This lease is made Julv�98, between THE CITY OF KENT, a Washington municipal corporation as "Lessor," and THE WAY BACK INN FOUNDATION, a Washington non-profit corporation, as "Lessee," as follows: 1 PREMISES. Lessor leases to Lessee the Resident and all appurtenances situated on the real property (hereinafter "leased premises") legally described in Exhibit A and commonly referred to as Campus Park House at 9815 South 252nd Street, attached hereto and incorporated herein by this reference. 2. TERM. The term of this lease shall be for five years commending on the 9th day of Julv 1998, and shall terminate on July 9 2903 in accordance with the termination provisions set forth in paragraph 17. unless sooner terminated as a result of Lessee's default hereunder. 3. POSSESSION. Lessee shall be deemed to have accepted possession of the leased premises in "as-is" condition. Lessor has made no representations to Lessee respecting the condition of the leased premises. Upon taking possession of the premises by the Lessor, either upon termination of this Agreement or upon abandonment of said premises by the Lessee, the Lessor or his Agent may remove from the premises all personal property of the tenant located therein and place the same in storage at a public warehouse at the expense and risk of the owners thereof. Personal property so stored shall be subject to the rules and regulations as set down by such public warehouse. Disposition of any personal property shall be subject to the Residential Landlord-Tenant Act, Chapter 59.18 RCW. 4. RENT. During the Term hereof, Lessee may occupy the leased premises rent free; provided, however, Lessee shall make all improvements at its sole expense, as outlined in Exhibit B; provide such improvements shall be subject to a final inspection and the approval of the Kent Building Code Inspector and the Facilities Superintendent, and Kent Parks and Recreation Department, prior to the occupancy of the leased premises, and pay all costs associated with or arising out of the maintenance and operation of the leased premises as set forth herein. 5. USE. Lessee shall use the leased premises to provide temporary single family dwellings for homeless families with children under fourteen years of age, and all current uses incidental thereto, and for no other purpose without first obtaining Lessor's prior written consent. g, LESSEE MAINTENANCE AND REPAIR RESPONSIBILITY. Lessee shall, when and if needed, at Lessee's sole expense, make repairs to the leased premises and every part thereof; and Lessee shall maintain the leased premises, including the yard, p:contract\wayback.agr Page 1 in neat, clean, safe and sanitary condition at all times as the conditions of the premises permit. At the end of the lease, Lessee shall surrender the leased premises and dwelling to Lessor in a clean, good, and sanitary condition as reasonable use and wear and tear permit. 7. UILLLTIE . Lessee shall pay prior to delinquency all charges for heat, electricity, water, sewer, garbage, telephone, and other utility services supplied to the leased premises. All leasehold assessments and charges not specifically assumed by the Lessor are the obligation of, and payable by, the Lessee. 8. ALTERATIONS AND ADDITIONS BY LESSEE. The Lessee shall not remove any fixtures, alter, or make major improvements to the premises without prior written approval of the Lessor. After obtaining the prior written consent of Lessor, Lessee may make, at its sole expense, such additional improvements or alterations to the leased premises which it may deem necessary or desirable. Any repairs or new construction by Lessee shall be done in conformity with plans and specifications approved by Lessor. All work performed shall be done in a workmanlike manner and shall become the property of the Lessor. 9. LIENS. Lessee shall keep the leased premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by Lessee. 10. INSURANCE. Prior to commencing any improvements and prior to occupancy under this lease, at no expense to the City of Kent, the Lessee shall obtain and furnish to then City of Kent Risk-Safety Analyst, a CERTIFICATE OF INSURANCE showing general liability insurance coverage including blanket contractual coverage, which certificate (1) shall be subject to approval of the City Attorney as to the company, form and coverage, and shall be primary over all other insurance the City may secure, (2) must fully protect the City from any and all claims and risks in connection with any activity performed by the Way Back Inn and tenant by virtue of this Lease, and (3) must specifically name the City of Kent as an additional insured as respects work performed by or on behalf of Lessee and a COPY OF THE ENDORSEMENT NAMING THE CITY OF KENT AS AN ADDITIONAL INSURED SHALL BE ATTACHED TO THE CERTIFICATE OF INSURANCE. Such policy must provide the following minimum coverage: 1.) Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000.00 combined single limit per occurrence and $2,00,000.00 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to blanket contractual; products/completed operations; broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability. p:contract\wayback.agr Page 2 Any payment of deductible or self insured retention shall be the sole responsibility of the Lessee. The Lessee's insurance shall be primary insurance as respects the City and the City shall be given 30 days prior written notice of any cancellation, suspension or material change in coverage. Should said dwelling be totally destroyed by fire, lightning, earthquake or any other casualty, this Agreement shall be deemed terminated, forthwith. Should fire, lighting, earthquake or any other casualty partially damage said dwelling, whether or not the premises are affected thereby, Lessor may elect to terminate this Agreement or to repair such damage. 11 . HOLD HARMLESS AGREEMENTS. Lessee covenants to hold harmless from all claims, demands, causes of action, judgements, attorney's fees, costs and expenses arising from or connected with Lessee's use or occupancy of said premises or the area adjacent thereto, and from all claims, demands, causes of action, judgements, attorney's fees, costs and expenses for property damage. bodily injuries or death suffered or caused in or about said premises or the area adjacent thereto, resulting directly or indirectly from the acts or omissions of Lessee, or any agent or guests of Lessee. 12. ASSIGNMENT AND SUBLETTING. Lessee shall not assign this lease or sublet any part of these premises without Lessors prior written consent. 13. D FAU T. Failure by Lessee to make the improvements as set forth in Exhibit B, or failure by Lessee to observe or perform any of the covenants, conditions, or provisions of this Lease, where such failure shall contir.,e for a period of ten (10) days after written notice from Lessor to cure the default, sham constitute a default and breach of the Lease by the Lessor. Lessee shall notify Lessor promptly of any default not by its nature necessarily known to Lessor. 14. ACC S. Lessor reserves the right to make periodic inspections of the leased premises at reasonable times for the purpose of ascertaining compliance with the provisions hereof by Lessee, but nothing herein shall be construed as imposing any obligation on Lessor to perform any such work or duties. 15. COMPLIANCE WITH LAWS RULES AND REGULATIONS. Lessee shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances, and governmental rules, regulations or requirements now in force or which may hereafter be in force relating to or affecting the conditions, use, or occupancy of the leased premises. Lessee shall faithfully observe and comply with the rules and regulations that Lessor shall from time to time promulgate, including, without limitation, those p:contractlwayback.agr Page 3 regulations affecting signage on the Property. 16. PERMITS. Lessee shall, at its sole cost and expense, be responsible for obtaining any permits or licenses that are necessary to perform the covenants of this Lease Agreement. 17. NOTICES. All notices under this Lease shall be in writing and shall be effective when mailed by certified mail or delivered to Lessor at the address below stated, or to Lessee at the address below stated, or to such other address as either party may designate from time to time: LESSOR: CITY OF KENT DEPARTMENT OF PARKS AND RECREATION ATTN: SUPT. OF PARK PLANNING & DEVELOPMENT 220 FOURTH AVENUE SOUTH KENT, WASHINGTON 98032-5895 LESSEE: WAY BACK INN FOUNDATION P.O. BOX 621 RENTON, WASHINGTON 98057-0621 18. TERMINATION. Either party has the right to terminate this Agreement if the other party is in default of any material obligation or representation of this lease which substantially harms the non-defaulting party and which default is incapable of cure, or which being capable of cure, is not cured within 10 days after receipt of written notice of such default. 19. GENERAL PROVISIONS. a. TIME IS OF THE ESSENCE OF THIS LEASE. b. The Lessee hereby agree to be responsible for and reimburse in full, the Lessor, for any costs or attorney fees which may arise from any legal action the Lessor may bring under this Agreement. C. This Lease shall be construed and governed by the laws of the State of Washington. d. Lessee agrees that the existing locks for the premises are reasonably adequate and that, upon termination of the tenancy, Lessee shall return all keys in his possession to the Lessor_ e. Lessee shall maintain the smoke detection device in accordance with the p:contractlwayback.agr Page 4 manufacturer's recommendations, including the replacement of batteries as required for the proper operation of the smoke detection device. f. Lessee shall properly dispose of all rubbish, garbage and other organic or flammable waste, in a clean and sanitary manner at reasonable and regular intervals, and Lessee shall assume all costs of extermination and fumigation for infestation caused by Lessee. g. Lessee shall properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances supplied by the City of Kent. 20 AUTHORITY nF I FSSEE. Lessee and each individual executing this Lease on behalf of Lessee represent and warrant that he or she is duly authorized to execute and deliver this Lease, and that this Lease is binding upon Lessee in accordance with its terms. 21 WAIVER AND FORBEARANCE. No waiver by Lessor of any breach or default by Lessee of any of its obligations or agreement or covenants herein, shall be deemed to be a waiver of any subsequent breach or default of the same or any other covenant, agreement or obligation, nor shall forbearance by Lessor to seek remedy for any breach or default of Lessee be deemed a waiver by Lessor of its rights and remedies with respect of such breach or default. 22. QUIET ENJOYMENT. Provided Lessee is not in default hereunder, Lessor covenants that Lessee shall have peaceful and quiet enjoyment of the leased premises without hindrance on the part of the Lessor. THIS LEASE IS SUBJECT TO ACCEPTANCE BY LESSOR. p:contract\wayback.agr Page 5 IN WITNESS WHEREOF, the parties hereto have executed this Lease the date and year above written. DATED �aq DATED WAY BACK INN FOUNDATION CITY OF KENT LESSEE By. By: ., Jim White, Mayor APPROVED AS TO FORM: Roger A. Lubovich, City Attorney Any modification requires approval of City Attorney LESSEE: (STATE OF WASHINGTON)) )) ss. COUNTY OF KING )) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the of the instrument, and acknowledged it as the City of Kent, to be the free and voluntary act of such part for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC in and for the Sate of Washington, resident at My commission expires NOTARY PUBLIC in and for the State of p:contract\wayback.agr Page 6 Washington, resident at My commission expires (STATE OF WASHINGTON)) )) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Af?BA ?A �`1 E�9 rc,� is the person who appeared before me, and said person acknowledged that �Ss/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged t Way Back Inn Foundation to be free and voluntary act of such part for the uses and purposes mentioned in the instrument. DATED: 0100 TARY oTi PUBLI in and for the State of rveL-`L Washington, resident at My commission expires p:contract\wayback.agr Page 7 EXHIBIT A The East 60.00 feet± of the West 219.48 feet ± of the North 100 feet + of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 19, Township 22 North, Range 5 East, W.M., in King County, Washington, EXCEPT that portion conveyed to the City of Kent for street purposes by Deed recorded under King County Recording #8301040032. p:contract\wayback.agr Page 8 "Exhibit B" Inspection of Campus Park House January 13, 1998 Work Items needed to be completed by December 31 , 1998 Attending: Bob Steel Brad Bell Barb Heaton Lori Flemm Rosalie Steel Charlie Lindsey Della Shane * Clean and caulk tub * Repair or replace exhaust fan over range # Paint interior and exterior 8/97 * Install new appliances—washerldryer; refrigerator; stove * Patch slate with concrete at mantel/fireplace - Add fence post—stretch fabric in backyard - Downspouts—replace elbow or cleanout and paint on back porch; reconnect in front porch - Sand linen closet door * Clean gutters * Repair or replace fan in bathroom * Replace florescent light cover * Stretch carpet to eliminate trip hazard in hall * Breaker box in garage needs new cover, provide a three foot (T) minimum clear space in front * Install smoke detector in garage; replace smoke detector in hallway with model that has an indicator light * Dispose of refrigerator or take doors off Tidy garage - Put mattresses on bed frame ' Seal off fireplace opening - Clean carpeting Patch hole in closet door, small bedroom ' Indicates urgent repair that must be completed immediately - Indicates repair that must be completed by December 31, 1998 # Indicates repair that must be done over the term of the lease Page 9 P'ADMIN\LORI F INSPEC.CAM PUSPARK Kent City Council Meeting Date July 7 1998 Category Consent Calendar 1. SUBJECT: SATURDAY MARKET PAYOFF AND BUDGET CHANGE - APPROVAL 2 . SUMMARY STATEMENT: Authorization to pay the short term Saturday Market loan of $524, 777 . 49 to the Equipment Rental fund, to transfer title for the 212th Railroad Avenue land and building, to transfer the remodeling cash balance of $191, 350. 63 to the Public Development Authority as approved by Council on March 3 , 1998, and to authorize a budget of $524,778 to be funded with a transfer of $392 , 000 from existing projects and the balance of $132 ,778 from CIP undesignated fund balance, as recommended by the Operations Committee at their June 16, 1998 meeting. 3 . EXHIBITS: memo from Finance Director 4 . RECOMMENDED BY: Operations Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REOUIRED: $132 778 undesignated CIP fund balance; 392 000 existing ro ects SOURCE OF FUNDS: - 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: - ACTION: Council Agenda Item No. 3E Date: June 9, 1998 To: Mayor White City Council Members From: May Miller, Director of Finance Re: SATURDAY MARKET Authorization is requested to pay off the balance of the short term Saturday Market loan of $524,777.49 to the Equipment Rental Fund. Also, to transfer the title of the 212 Railroad Avenue land and building to the Public Development Authority (PDA) along with the remaining remodeling cash balance of$191.350.63. Council authorized the PDA on March 3, 1998, and the transfer of the title and cash. This was approved to begin the process of acquiring the necessary funds to complete the remodeling of a new Saturday Market facility. Three years ago Council authorized a three-year loan from the Equipment Rental Fund to purchase the existing site. It was thought at that time that it would be necessary to issue bonds to repay the short term debt. Now it appears that we can pay the balance from the CIP Fund and not issue bonds. This can be accomplished by: 1) deferring Salt Air Park until 1999 $ 222,000 �S'z 2) deferring a portion of the 1998 Downtown Gateway budget 170.000 MZ} until 1999 (leaving a 1998 design budget of$48,000) 3) use $132,778 of the CIP Fund balance (leaving $632.483 undesignated) 132,778 i S° $ 524,778 COUNCIL ACTION: Authorize payment of the short term Saturday Market loan of S524,777.49 to the Equipment Rental Fund. Authorize transfer of title for 212 Railroad Avenue land and building and remodeling cash balance of$191,350.63 to Public Development Authority as approved by Council on March 3, 1998. Also, authorize a budget adjustment of$524.778 with transfer of 5392,000 from Existing Projects and the balance of$132.778 from CIP undesignated fund balance. MM/ledl98/council City of Kent SATMXPAY Payoff of Interfund Loan for the Saturday Market from the Equipment Rental Fund Due July 23,1998 Description Amount Principal Balance Due at 6130198 520,407.00 Interest 711198 thru 7123198 1,878.97 Total Payoff 522,285.97 Funding Debt Service Payments 111198-6130198 Principal 14,622.56 Interest 15,445.96 Total thru June 30,1998 30,068.52 Funded by CIP 27,577.00 Additional Debt Service Financing Required 2,491.52 Required Funding to Payoff Interfund Loan 524,777.49 Kent City Council Meeting Date July 7 . 1998 Category Consent Calendar 1. SUBJECT: PARKS MAINTENANCE REPLACEMENT TRACTOR BUDGET CHANGE - APPROVAL 2 . SUMMARY STATEMENT: As recommended by the Operations Committee at their June 16, 1998 meeting, approval of a budget change of $40,824 to purchase a replacement Parks Maintenance 545C tractor. Equipment Reserve funds of $33 , 324 will be used, with the balance of $7 , 500 coming from the General Fund Fund balance. 3 . EXHIBITS: memos from Finance Director and Fleet Superintendent 4 . RECOMMENDED BY: Operations Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: Equipment Rental Reserve $33 324 General Fund Fund Balance 7 , 500 $40, 824 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3F Date: June 11, 1998 To: Mayor White City Council Members From: May Miller, Director of Finance 15Z Re: BUDGET CHANGE FOR PARKS MAINTENANCE REPLACEMENT TRACTOR Authorization is requested to approve a budget change to purchase a replacement maintenance tractor for Parks Maintenance. The current 1990 tractor has been in the repair shop for several months. There has been very high maintenance costs due to transmission failure. This is a critical piece of equipment for the summer maintenance program. Steve Hennessey, the Fleet Maintenance Manager, recommends that we replace this tractor now with one of greater PTO horsepower to support the different attachments. The replacement reserve has accumulated $29,554.64 but a budget has not yet been established. The planned replacement was budgeted for the year 2000. Therefore, we need a current year budget change. COUNCIL ACTION: Approve a budget change of 540,824 to purchase a replacement Parks Maintenance 545C tractor using Equipment Reserve funds of 533.324 and Park's budget of$7,500. MM/i gdl0611 tractor Public Works Operations MEMORANDUM Fax: 859-3664 Phone: 859-3395 June 8, 1998 To: May Miller Finance Director / From: Steve Hennesse)V Fleet Superintekanager Thru: Eddy Chu PW Operations Subject: Replacement of#6529 Unit#6529 is a 1990 Ford Tractor permanently assigned to Parks Maintenance. This tractor has had extremely high maintenance costs, due to transmission failures. The unit is underrated to do the job because the PTO horsepower is not rated high enough to support all the different attachments at Parks Maintenance. For that reason I suggested to Rick Weiss last year to budget$7,500 for 1998 to make up the reserve shortfall so we could replace this unit in 1998, two years ahead of schedule. Only the $7,500.00 was budgeted in 1998 for this purchase, however in reviewing all of the 1998 equipment purchases, the total Fleet Service equipment budget will more than cover this additional expense. The reserve earned by this equipment to date is $29,554.64. We have been renting a tractor at a cost of$1,700.00 a month for this equipment because once again the transmission failed. Please review the attached EAR request in the amount of$40,823.14 that identifies the complete funding for this purchase. Thank-you in advance for your consideration for this purchase at this time. Cc: Rick Weiss Dianne Sullivan ............. Kent City Council Meeting Date July 7 . 1998 Category Consent Calendar 1. SUBJECT: EXCUSED ABSENCE FOR COUNCILMEMBER CLARK - APPROVAL 2 . SUMMARY STATEMENT: Approval of an excused absence from the July 21, 1998 City Council meeting for Councilmember Tim Clark. He will be unable to attend. 3 . EXHIBITS• Memo 4 . RECOMMENDED 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. 3G MEMORANDUM TO: JIM WHITE, MAYOR CITY COUNCIL MEMBERS /a FROM: TIM CLARK, CITY COUNCILMEMBER ' DATE: JUNE 25, 1998 SUBJECT: CITY COUNCIL EXCUSED ABSENCE I would like to request an excused absence from the July 21, 1998, City Council meeting. I will be unable to attend. Thank you for your consideration. TC:jb Kent City Council Meeting Date July 7, 1998 Category Consent Calendar 1. SUBJECT: PROPERTY FORFEITURE AND DISPOSAL CODE AMENDMENTS - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. which establishes a new Chapter of the Public Safety Code which sets forth procedures for seizing, forfeiting, and disposing unclaimed evidence seized during the investigation of crimes, firearms which are used during the commission of a crime, and property that is associated with or obtained through illegal drug transactions. This ordinance adopts numerous state laws, and repeals provisions of the City code which duplicate the state laws that are adopted. 3 . EXHIBITS: Ordinance and adopted state laws 4 . RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT• NO X YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3H ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, repealing Chapters 9.05 and 9.06 of the Kent City Code, and creating a new Chapter 9.05 relating to property forfeiture and disposal which includes Section 9.05.010 pertaining to the disposal of unclaimed property in the possession of the Kent Police Department, Section 9.05.020 pertaining to the forfeiture of firearms used during the commission of a crime, and Section 9.05.030 pertaining to the seizure and forfeiture of property associated with the commission of illegal drug transactions. WHEREAS, the City must amend its Public Safety Code by adopting certain provisions of the Revised Code of Washington, and by repealing certain sections of the code in order to provide for a comprehensive code consistent with State law that will enable the City to dispose of unclaimed evidence, seize, forfeit, and destroy firearms used during the commission of a crime, and seize and forfeit property related to illegal drug activity; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.05 entitled "Disposal of Forfeited Firearms" is hereby repealed in its entirety. 1 Property Forfeiture and Disposa SECTION2. Chapter 9.06 entitled "Seized Property" is hereby repealed in its entirety. SECTION 3. A new Chapter 9.05 entitled "Seizure, Forfeiture, and Disposal of Unclaimed Property, Firearms, and Property Associated with Controlled Substances" is hereby added to the Kent City Code as follows: Chapter 9.05 Seizure,Forfeiture, and Disposal of Unclaimed Property, Firearms, and Property Associated with Controlled Substances. Sec. 9.05.010. Disposal of unclaimed property. The following sections of Chapter 63.32, of the Revised Code of Washington(RCW) are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. A. RCW 63.32.010 Methods of disposition - Notice - Sale, retention, destruction, or trade. B. RCW 63.32.020 Notice of sale. C. RCW 63.32.030 Disposition of proceeds. D. RCW 63.32.040 Reimbursement to owner. E. RCW 63.32.050 Donation of unclaimed bicycles and toys to charity. Sec. 9.05.020. Forfeiture of firearms. Section 9.41.098 of the Revised Code o Washington(RCW) entitled"Forfeiture of firearms - Disposition—Confiscation" is hereby adopted by reference as currently enacted and a ereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. Sec. 9.05.030. Drug seizure and forfeiture. Section 69.50.505 of the Revised Code of Washington (RCW) entitled "Seizure and forfeiture" is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. Property Forfeiture and Disposal i SECTION 4. -Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 5. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval, and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED: day of 11998. APPROVED: day of 11998. PUBLISHED: day of 11998. 3 Property Forfeiture and Disposal I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P1LAWk0RDINANGIfetmm.ord.doc I i 4 Property Forfeiture and Disposal equipment, which equipment shall be treated as retained property for purpose of annual listing requirements of subsection (2) of this section; or (5) If the item is not unsafe or illegal to possess or sell, but has been, or may be used, in the judgment of the chief of police, in a manner that is illegal, such item may be destroyed. [1988 c 223 § 3; 1988 c 132 § 1; 1981 c 154 § 2; 1973 1st ex.s. c 44 § 1; 1939 c 148 § 1; 1925 ex.s. 000 § 1; RRS § 8999-1.] Reviser's note: This section was amended by 1989 c 132§ 1 and by 1988 c 223§3,each without reference to the other. Both amendments are 6332.010 Methods of disposition—Notice—Sale, incorporated inthe publication of this section pursuant to RCW 1.12025(2). For rule of construction.see RCW 1.12.025(1). retention, destruction, or trade. Whenever any personal property shall come into the possession of the police 63.32.020 Notice of sale. Before said personal authorities of any city in connection' with the official property shall be sold, a notice of such sale fixing the time performance of their duties and said personal property shall and place thereof which shall be at a suitable place,.which remain unclaimed or not taken away for a period of sixty will be noted in the advertisement for sale, and containing a days from date of written notice to the owner thereof, if description of the property to be sold shall be published at known, which notice shall inform the owner of the disposi- least once in the official newspaper of said city at least ten lion which may be made of the property under this section days prior to the date fixed for said sale. The notice shall be and the time that the owner has to claim the property and in signed by the chief or other head of the police department of all other cases for a period of sixty days from the time said such city. If the owner fails to reclaim said property prior property came into the possession of the police department, to the time fixed for the sale in such notice, the chief or unless said property has been held as evidence in any court, other head of the police department shall conduct said sale then, in that event, after sixty days from date when said case and sell the property described in the notice at public auction has been finally disposed of and said property released as to the highest and best bidder for cash, and upon payment of evidence by order of the court, said city may: the amount of such bid shall deliver the said property to (1)At any time thereafter sell said personal property at such bidder. [1988 c 132 § 2; 1925 ex.s. c 100 § 2; RRS § public auction to the highest and best bidder for cash in the 8999-21 manner hereinafter provided; (2)Retain the property for the use of the police depart- 63.32.030 Disposition of proceeds. The moneys RCW 63.32.020 and the right of the owner, or the owners menu subject to giving notice in the manner prescribed ' arising from sales under the provisions of this chapter shall q representative, to reclaim the property within one year be first applied to the payment of the costs and expenses of r receipt of notice; without compensation for ordinary the sale and then to the payment of lawful charges and ex- wear and tear if, in the opinion of the chief of police, the penses for the keep of said personal property and the property consists of firearms or other items specifically balance, if any, shall be paid into the police pension fund of usable in law enforcement work: PROVIDED, That at the said city if such fund exists; otherwise into the city current end of each calendar year during which there has been such expense fund. [1939 c 148 § 2; 1925 ex.s. c 100 § 3; RRS a retention, the police department shall provide the city's § 8999-3.1 mayor or council and retain for public inspection a list of such retained items and an estimation of each item's replace- 6332.040 Reimbursement to owner. If the owner of ment value. At the end of the one-year period any un- said personal property so sold, or his legal representative, claimed firearm shall be disposed of pursuant to RCW shall, at any time within three years after such money shall 9.41.098(2); have been deposited in said police pension fund or the city (3) Destroy an item of personal property at the discre- current expense fund, furnish satisfactory evidence to the tion of the chief of police if the chief of police determines police pension fund board or the city treasurer of said city of that the following circumstances have occurred: the ownership of said personal property he or they shall be (a) The property has no substantial commercial value, entitled to receive from said police pension fund or city or the probable cost of sale exceeds the value of the proper- current expense fund the amount so deposited therein with ty; interest. [1939 c 148 § 3; 1925 ex.s. c 100 § 4; RRS § 899- (b) The item has been unclaimed by any person after 4•] notice procedures have been met, as prescribed in this section; and 6332.050 Donation of unclaimed bicycles and toys (c) The chief of police has determined that the item is to charity. In addition to any other method of disposition unsafe and unable to be made safe for use by any member of unclaimed property provided under this chapter, the police of the general public; authorities of a city or town may donate unclaimed bicycles, (4) If the item is not unsafe or illegal to possess or sell, tricycles, and toys to nonprofit charitable organizations for such item, after satisfying the notice requirements as use by needy persons. [1987 c 182 § 1.] prescribed in RCW 63.32.020, may be offered by the chief Severabllity-1987 c 182: 'If any provision of this act or its Of police to bona fide dealers, in trade for law enforcement application to any person or circumstance is held invalid,the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 182§ 3.1 9.41.098. Forfeiture of firearms—Disposition—Confiscation (1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be: (a) Found concealed on a person not authorized by RCW 9.41.060 or 9.41.070 to carry a concealed pistol: Provided, That it is an absolute defense to forfeiture if the person possessed a valid Wash- ington concealed pistol license within the prec-ding two years and has not become ineligible for a concealed pistol license in the interim. Before the firearm may be returned, the person must pay the past due renewal fee and the current renewal fee; (b) Commercially sold to any person without an application as required by RCW 9.41.090; (c) In the possession of a person prohibited from possessing the firearm under RCW 9.41.040 or 9.41.045; (d) In the possession or under the control of a person at the time the person committed or was arrested for committing a felony or committing a nonfelony crime in which a firearm was used or displayed; (e) In the possession of a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, as defined in chapter 46.61 RCW; (0 In the possession of a person free on bail or personal recogni- zance pending trial, appeal, or sentencing for a felony or for a nonfelonv crime in which a firearm was used or displayed, except that violations of Title 77 RCW shall not result in forfeiture under this section; (g) In the possession of a person found to have been mentally incompetent while in possession of a firearm when apprehended or who is thereafter committed pursuant to chapter 10.77 or 71.05 RCW; (h) Used or displayed by a person in the violation of a proper written order of a court of general jurisdiction; or W Used in the commission of a felony or of a nonfelony crime in which a firearm was used or displayed. der (2) Upon order of forfeiture, the court court i s discretion may certain destruction of any forfeited firearm. forfeited firearms needed for evidence. of this subsection, (a) Except as provided in (b), (c), and (d) firearms that are: (i) Judicially forfeited and no longer needed for evidence; or (ii) forfeited due to a b din to ke a claim under in any manner RCW 63.32.010 or 63.40.010; may disposed Any proceeds of determined by the local legislative authority- an auction or trade may be retained by the legislative authority- his subsection (2)(a) applies only to firearms that come into the posses- sion of the law enforcement agency after June 30, 1993. shall By midnight, June 30, 1993, every law enforcement agency prepare an inventory, under oath, of every firearm that has been judicially forfeited, has been seized and may be subject to judicial forfeiture, or that has been, or may be, forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010. (b) Except as provided in (c) of this subsection,destroy i of t to invnntomay ried firearms a law enforcement agency shallretain a maximum of ten percent of legal forfeited firearms for i agency use, and shall either: in I (i) Comply with the provisions for the auction f May 7,s1993;Cor 9.41.098 that were in effect immediately preceding (ii) Trade, auction, or arrange for the auction shallfieitheres d shot- trade, guns. In addition, the law enforcement agency auction, or arrange for the auction of, short firearms, shot firearms fee of twenty-five dollars to the state treasurer for ev thousandaximum of fifty dollars. kV neither auctioned nor traded, to a in an entoryder oath, of every The fees shall be accompanied byinventory, uired by (a) of this subsection, short firearm listed in the inventory re q that has been neither traded nor auctioned. The state treasurer shall credit the fees to the firearms range account established in RCW 77.12.720. All trades or auctions of firearms under this subsection shall be to licensed dealers. Proceeds of any auction less costs, including actual costs of storage and sale, shall be forwarded to the firearms range account established in RCW -1 as curios, relics, and (c) Antique firearms and firearms recognized by the United States firearms of particular historical significancefirearms treasury department bureau of alcohol, tobacco, and exempt from destruction and shall be disposed of by auction or trade to licensed dealers. on state patrol on or (d) Firearms in, that are possession ally forfeited and no longer needed after May 7, 1993, for evidence, or forfeited due to a failure to make a claim under RC 63.35.020, must be disposed of as follows: (i) Firearms illegal for any person to possess must be destroyed; (ii) the Washington state patrol may retain a maximum of ten percent of legal firearms for agency use; and (iii) all other legal firearms must be auctioned or traded to licensed dealers. The Washington state patrol may retain any pro- ceeds of an auction or trade. (3) The court shall order the firearm returned to the owner upon a showing that there is no probable cause to believe a violation of subsection (1) of this section existed or the firearm was stolen from the owner or the owner neither had knowledge of nor consented to the act or omission involving the firearm which resulted in its forfeiture. (4) A law enforcement officer of the state or of any county or municipality may confiscate a firearm found to be in the possession of a person under circumstances specified in subsection (1) of this section. After confiscation, the firearm shall not be surrendered except: (a) To the prosecuting attorney for use in subsequent legal proceedings; (b) for disposition according to an order of a court having jurisdiction as provided in subsection (1) of this section; or (c) to the owner if the proceedings are dismissed or as directed in subsection(3) of this section. Enacted by Laws 1983, ch. 232, § 6. Amended by Laws 1986, ch. 153, § 1; Laws 1987, ch. 373, § 7; Laws 1987, ch. 506, § 91. Reenacted and f amended by Laws 1988, ch. 223, § 2. Amended by Laws 1989, ch. 222,§ 81 _: Laws 1993, ch. 243, § 1, eff. May 7, 1993; Laws 1994, 1st Sp.Sess., ch. 7, § 414, eff.July 1, 1994; Laws 1996, ch. 295,§ 10. a . \a 69.50.505 Seizure and forfeiture. (a)The following are subject to seizure and forfeiture and no property right exists in them: (1)All controlled substances which have been manufac- tured, distributed, dispensed, acquired, or possessed in violation of this chapter or chapter 69.41 or 69.52 RCW,and all hazardous chemicals,as defined in RCW 64.44.010, used or intended to be used in the manufacture of controlled substances; 69.50.505 (2) All raw materials, products, and equipment of any appurtenances or improvements which are being used with kind which are used, or intended for use, in manufacturing, the knowledge of the owner for the manufacturing, com- compounding,processing, delivering, importing, or exporting pounding, processing, delivery, importing, or exporting of any controlled substance in violation of this chapter or any controlled substance, or which have been acquired in chapter 69.41 or 69.52 RCW; whole or in part with proceeds traceable to an exchange or (3) All property which is used, or intended for use, as series of exchanges in violation of this chapter or chapter a container for property described in paragraphs (1) or (2); 69.41 or 69.52 RCW, if such activity is not less than a class (4) All conveyances, including aircraft, vehicles, or C felony and a substantial nexus exists between the commer- vessels, which are used, or intended for use, in any manner cial production or sale of the controlled substance and the to facilitate the sale, delivery, or receipt of property de- real property. However: (i) No property may be forfeited pursuant to this xtent of the interest of an owner, by scribed paragraphs (1) or (2) except that: in , (i) in conveyance used any person as a common subsection, to the e carrier in the transaction of business as a common carrier is reason of any act or omission committed or omitted without subject to forfeiture under this section unless it appears that the owner's knowledge or consent; the owner or other person in charge of the conveyance is a (ii)The bona fide gift of a controlled substance,legend consenting party or privy to a violation of this chapter or drug, or imitation controlled substance shall not result in the chapter 69.41 or 69.52 RCW; forfeiture of real property; (ii) No conveyance is subject to forfeiture under this (iii) The possession of marijuana shall not result in the section by reason of any act or omission established by the forfeiture of real property unless the marijuana is possessed owner thereof to have been committed or omitted without for commercial purposes, the amount possessed is five or the owner's knowledge or consent; more plants or one pound or more of marijuana, and a sub- (iii) No conveyance is subject to forfeiture under this standal nexus exists between the possession of marijuana and section if used in the receipt of only an amount of marijuana the real property. In such a case, the intent of the offender for which possession constitutes a misdemeanor under RCW shall be determined by the preponderance of the evidence, 69.50.40 1(e); including the offender's prior criminal history, the amount of (iv) A forfeiture of a conveyance encumbered by a bona marijuana possessed by the offender, the sophistication of fide security interest is subject to the interest of the secured the activity or equipment used by the offender, and other party if the secured party neither had knowledge of nor evidence which demonstrates the offender's intent to engage consented to the act or omission; and in commercial activity; (v)When the owner of a conveyance has been arrested (iv) The unlawful sale of marijuana or a legend drug under this chapter or chapter 69.41 or 69.52 RCW the shall not result in the forfeiture of real property unless the conveyance in which the person is arrested may not be sale was forty grams or more in the case of marijuana or one subject to forfeiture unless it is seized or process is issued hundred dollars or more in the case of a legend drug, and a for its seizure within ten days of the owner's arrest; substantial nexus exists between the unlawful sale and the (5) All books, records, and research products and real property; and materials, including formulas, microfilm, tapes, and data (v) A forfeiture of real property encumbered by a bona which are used, or intended for use, in violation of this fide security interest is subject to the interest of the secured chapter or chapter 69.41 or 69.52 RCW; party if the secured party, at the time the security interest (6) All drug paraphernalia; was created, neither had knowledge of nor consented to the (7) All moneys, negotiable instruments, securities, or act or omission. other tangible or intangible property of value furnished or (b) Real or personal property subject to forfeiture under intended to be furnished by any person in exchange for a this chapter may be seized by any board inspector or law controlled substance in violation of this chapter or chapter enforcement officer of this state upon process issued by any 69.41 or 69.52 RCW, all tangible or intangible personal superior court having jurisdiction over the property. Seizure property, proceeds, or assets acquired in whole or in part of real property shall include the filing of a lis pendens by with proceeds traceable to an exchange or series of ex- the seizing agency. Real property seized under this section changes in violation of this chapter or chapter 69.41 or 69.52 shall not be transferred or otherwise conveyed until ninety RCW, and all moneys, negotiable instruments, and securities days after seizure or until a judgment of forfeiture is entered, used or intended to be used to facilitate any violation of this whichever is later: PROVIDED, That real property seized chapter or chapter 69.41 or 69.52 RCW. A forfeiture of under this section may be transferred or conveyed to any money, negotiable instruments, securities, or other tangible person or entity who acquires title by foreclosure or deed in or intangible property encumbered by a bona fide security lieu of foreclosure of a security interest. Seizure of personal interest-is subject to the interest of the secured party if, at property without process may be made if: the time the security interest was created, the secured party (1)The seizure is incident to an arrest or a search under neither had knowledge of nor consented to the act or a search warrant or an inspection under an administrative omissiop. No personal property may be forfeited under this inspection warrant; paragraph, to the extent of the interest of an owner, by (2)The property subject to seizure has been the subject reason of any. actor omission which that owner establishes of a prior judgment in favor of the state in a criminal was committed or omitted without the owner's knowledge or injunction or forfeiture proceeding based upon this chapter; consent; and (3) A board inspector or law enforcement officer has (8) All real property, including any right, title, and probable cause to believe that the property is directly or interest in the whole of any lot or tract of land, and any indirectly dangerous to health or safety; or 69.50.505 (4)The board inspector or law enforcement officer has in accordance with RCW 4.28.080 or 4.92.020,within forty- probable cause to believe that the property was used or is five days a to thefor person agency of the seeking al has ns claim of otified the intended to he used in violation of this chapter. seizing lawownership or right to possession. The court to which the (c) In the event of seizure pursuant d subsection (b), P 8 be proceedings for forfeiture shall be deemed commenced by matter is a ofrem personal shalled ro e e districts within the jurisdic- the seizure. The law enforcement agency under whose aggregatepe property rty authority the seizure was made shall cause notice to be tional limit set forth in RCW 3.66.020. A hearing before the served within fifteen days following the seizure on the owner seizing agency and any appeal therefrom shall be-Under Title of the property seized and the person in charge thereof and 34 RCW. In a court hearing between two or more claimants any person having any known right or interest therein, to the article or articles involved, the prevailing party shall including any community property interest, of the seizure be entitled to a judgment for costs and reasonable attorney's and intended forfeiture of the seized property. Service of fees. In cases involving personal property, the burden of notice of seizure of real property shall be made according to producing evidence shall be upon the person claiming to be the rules of civil procedure. However, the state may not the lawful owner or the person claiming to have the lawful obtain a default judgment with respect to real property right to possession of the property. In cases involving real against a party who is served by substituted service absent property,the burden of producing evidence shall be upon the an affidavit stating that a good faith effort has been made to law enforcement agency. The burden of proof that the ascertain if the defaulted party is incarcerated within the seized real property is subject to forfeiture shall be upon the state, and that there is no present basis to believe that the law enforcement agency. The seizing law enforcement party is incarcerated within the state. Notice of seizure in agency shall promptly return the article or articles to the the case of property subject to a security interest that has claimant upon a determination by the administrative law been perfected by filing a financing statement in accordance judge or court that the claimant is the present lawful owner with chapter 62A.9 RCW, or a certificate of title, shall be or is lawfully entitled to possession thereof of items speci- red fied in subsection (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), made by service upon the secured party or the secu party's assignee at the address shown on the financing or (a)(8 of t is en'is forfeited under this chapter the statement or the certificate of title. The notice of seizure in (fl property other cases may be served by any method authorized by law board or seizing law enforcement agency may: or court rule including but not limited to service by certified (1)Retain it for official use or upon application by any mail with return receipt requested. Service by mail shall be law enforcement agency of this state release such property deemed complete upon mailing within the fifteen day period to such agency for the exclusive use of enforcing the following the seizure. provisions of this chapter; (d) If no person notifies the seizing law enforcement (2) Sell that which is not required to be destroyed by agency in writing of the person's claim of ownership or right law and which is not harmful to the public; to possession of items specified in subsection (a)(4), (a)(7), (3) Request the appropriate sheriff or director of public or(a)(8) of this section within forty-five days of the seizure safety to take custody of the property and remove it for in the case of personal property and ninety days in the case disposition in accordance with law; or of real property, the item seized shall be deemed forfeited. (4) Forward it to the drug enforcement administration The community property interest in real property of a person for disposition. whose spouse committed a violation giving rise to seizure of (g)(1) When property is forfeited, the seizing agency the real property may not be forfeited if the person did not shall keep a record indicating the identity of the prior owner, if known, a description of the property, the disposition of the participate in the violation. (e) If any person notifies the seizing law enforcement property, the value of the property at the time of seizure, and agency in writing of the person's claim of ownership or right the amount of proceeds realized from disposition of the to possession of items specified in subsection (a)(2), (a)(3), property. (a)(4), (a)(5), (a)(6), (a)(7), or (a)(8) of this section within (2) Each seizing agency shall retain records of forfeited forty-five days of the seizure in the case of personal property property for at least seven years. and ninety days in the case of real property, the person or (3) Each seizing agency shall file a report including a persons shall be afforded a reasonable opportunity to be copy of the records of forfeited property with the state heard as to the claim or right. The hearing shall be before treasurer each calendar quarter. the chief law enforcement officer of the seizing agency or (4) The quarterly report need not include a record of the chief law enforcement officer's designee, except where forfeited property that is still being held for use as evidence '-the seizing agency is a state agency as defined in RCW during the investigation or prosecution of a case or during 34.12.020(4), the hearing shall be before the chief law the appeal from a conviction. enforcenent officer of the seizing agency or an administra- (h)(1) By January 31st of each year, each seizing tive law judge appointed under chapter 34.12 RCW, except agency shall remit to the state treasurer an amount equal to that any person asserting a claim or right may remove the ten percent of the net proceeds of any property forfeited matter to a court of competent jurisdiction. Removal of any during the preceding calendar year. Money remitted shall be matter involving personal property may only be accom- deposited in the 'drug enforcement and education account pushed according to the rules of civil procedure. The person under RCW 69.50.520. seeking removal of the matter must serve process against the (2) The net proceeds of forfeited property is the value state, county, political subdivision, or municipality that of the forfeitable interest in the property after deducting the operates the seizing agency, and any other party of interest, cost of satisfying any bona fide security interest to which the 69.50505 property is subject at the time of seizure; and in the case of (i)Only if the funds applied under(2)of this subsection sold property, after deducting the cost of sale, including are insufficient to satisfy the damage directly caused by a reasonable fees or commissions paid to independent selling law enforcement officer, may the landlord seek compensa- agents, and the cost of any valid landlord's claim for tion for the damage by filing a claim against the govern- damages under subsection (n) of this section. mental entity under whose authority the law enforcement (3)The value of sold forfeited property is the sale price. agency operates within thirty days after the search; The value of retained forfeited property is the fair market (ii) Only if the governmental entity denies or fails to value of the property at the time of seizure, determined when respond to the landlord's claim within sixty days of the date possible by reference to an applicable commonly used index, of filing, may the landlord collect damages under this such as the index used by the department of licensing for subsection by filing within thirty days of denial or the valuation of motor vehicles. A seizing agency may use,but expiration of the sixty-day period, whichever occurs first, a need not use, an independent qualified appraiser to determine claim with the seizing law enforcement agency. The seizing the value of retained property. If an appraiser is used, the law enforcement agency must notify the landlord of the value of the property appraised is net of the cost of the status of the claim by the end of the thirty-day period. appraisal. The value of destroyed property and retained Nothing in this section requires the claim to be paid by the firearms or illegal property is zero. end of the sixty-day or thirty-day period. (i) Forfeited property and net proceeds not required to (3)For any claim filed under(2) of this subsection,the be paid to the state treasurer shall be retained by the seizing law enforcement agency shall pay the claim unless the law enforcement agency exclusively for the expansion and agency provides substantial proof that the landlord either: improvement of controlled substances related law enforce- (i) Knew or consented to actions of the tenant in ment activity. Money retained under this section may not be violation of this chapter or chapter 69.41 or 69.52 RCW;or used to supplant preexisting funding sources. (ii) Failed to respond to a notification of the illegal 0) Controlled substances listed in Schedule I, II, III, IV, activity,provided by a law enforcement agency under RCW and V that are possessed, transferred, sold, or offered for 59.18.075, within seven days of receipt of notification of the sale in violation of this chapter are contraband and shall be illegal activity. seized and summarily forfeited to the state. Controlled (o) The landlord's claim for damages under subsection substances listed in Schedule I, II, III, IV, and V, which are (n) of this section may not include a claim for loss of seized or come into the possession of the board, the owners business and is limited to: of which are unknown, are contraband and shall be summari- (1) Damage to tangible property and clean-up costs; ly forfeited to the board. (2) The lesser of the cost of repair or fair market value (k) Species of plants from which controlled substances of the damage directly caused by a law enforcement officer; in Schedules I and II may be derived which have been (3) The proceeds from the sale of the specific tenant's planted or cultivated in violation of this chapter, or of which property seized and forfeited under subsection (f)(2) of this the owners or cultivators are unknown, or which are wild section; and growths, may be seized and summarily forfeited to the (4)The proceeds available after the seizing law enforce- board. ment agency satisfies any bona fide security interest in the (1) The failure, upon demand by a board inspector or tenant's property and costs related to sale of the tenant's law enforcement officer, of the person in occupancy or in property as provided by subsection (h)(2) of this section. control of land or premises upon which the species of plants (p) Subsections (n) and (o) of this section do not limit are growing or being stored to produce an appropriate any other rights a landlord may have against a tenant to registration or proof that he is the holder thereof constitutes collect for damages. However, if a law enforcement agency authority for the seizure and forfeiture of the plants. satisfies a landlord's claim under subsection (n) of this sec- (m) Upon the entry of an order of forfeiture of real tion, the rights the landlord has against the tenant for property, the court shall forward a copy of the order to the damages directly caused by a law enforcement officer under assessor of the county in which the property is located. the terms of the landlord and tenant's contract are subrogated Orders for the forfeiture of real property shall be entered by to the law enforcement agency. (1993 c 487 § 1; 1992 c the superior court, subject to court rules. Such an order shall 211 § 1. Prior: (1992 c 210 § 5 repealed by 1992 c 211 § be filed by the seizing agency in the county auditor's records 2); 1990 c 248 § 2; 1990 c 213 § 12; 1989 c 271 § 212; in the county in which the real property is located. 1988 c 282 § 2; 1986 c 124 § 9; 1984 c 258 § 333; 1983 c (n)A landlord may assert a claim against proceeds from 2 § 15; prior: 1982 c 189 § 6; 1982 c 171 § 1;prior: 1981 the sale of assets seized and forfeited under subsection (f)(2) c 67 § 32; 1981 c 48 § 3, 1977 ex.s. c 77 § 1; 1971 ex.s. c of this section, only if: 308 § 69.50.505.1 (1) A law enforcement officer, while acting in his or her official capacity, directly caused damage to the complaining landlord's property while executing a search of a tenant's residence,-and (2)The landlord has applied any funds remaining in the tenant's deposit, to,which the landlord has a right under chapter 59.18 RCW, to cover the damage directly caused by a law enforcement officer prior to asserting a claim under the provisions of this section; Kent City Council Meeting Date July 7, 1998 Category Consent Calendar 1. SUBJECT: PARKS AND RECREATION CODE AMENDMENTS - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. relating to towing unauthorized vehicles remaining in a park after hours. The proposed amendment to Kent City Code 4 . 01. 080 permits a Police officer to order an unauthorized vehicle to be towed from a park when that vehicle remains in a park after the hours of operation. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Public Safety 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 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 4.01.080 of the Kent City Code relating to towing unauthorized vehicles remaining in a park after hours. WHEREAS, prohibiting persons from parking unauthorized motor vehicles in public parks after they are closed will preserve the safety of the parks, and providing police with authority to have vehicles which are parked after hours towed from the park will provide an effective means of enforcing such an ordinance; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 4.01.080 of the Kent City Code is hereby amended to read as follows: See. 4.01.080. Prohibited activities - Speed limits,etc,.vehicles and horses. No person shall ride or drive any bicycle, tricycle, motorcycle, motor vehicle, horse, or pony over or through any park except along and upon the park drives, parkways, park boulevards,or at a speed in excess of fifteen (15) miles per hour. No person shall stand or park any vehicle, except in designated areas or in accordance with signs, striping, or other methods which make clear the appropriate method or manner of parking. Improperly parked vehicles including vehicles parked on sidewalks, vehicles left parked over twenty- I Parks/Vehicle Tow four(24)hours. vehicles not associated with the use of the park and unauthorized vehicles left in the park between dusk and dawn, may be aye so }e�ib towed away at the expense of the owner. SECTION2. - Severabilitj If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. -Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED: day of 11998. APPROVED: day of 11998. PUBLISHED: day of 11998. Parks/Vehicle Tow y I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK PiLAW\ORDINANCIperkVm ordAm 3 Parks/Vehicle Tow I Kent City Council Meeting Date July 7 1998 Category Consent Calendar 1. SUBJECT: CRIMINAL CODE AMENDMENTS - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. amending portions of Section 9. 02 of the Kent City Code. RCW 39. 34 . 180 requires cities such as the City of Kent to prosecute all misdemeanor and gross misdemeanor offenses. In order to prosecute offenses that are violations of State law, the City must adopt those laws into its code. This proposed ordinance adopts numerous state laws, and repeals provisions of the City code which duplicate the state laws that are adopted. The proposed ordinance will also permit a Police Officer or Judge to remove a person from a park or other public facility when that person commits a crime at the park or facility that threatens the health or safety of others. 3 . EXHIBITS: Ordinance and adopted state laws 4 . RECOMMENDED BY: Public Safet Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. E_XPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3J ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington,amending Section 9.02.24 of the Kent City Code pertaining to the harboring of a minor, Section 9.02.40 of the Kent City Code pertaining to disobeying school administrative officials and threatening teachers and students, Sections 9.02.50 and 9.02.58 of the Kent City Code pertaining to the theft of rental property, adding Section 9.02.56 to the Kent City Code which prohibits entry to a public facility for those who have committed certain crimes on the grounds of the public facility, amending Section 9.02.80 of the Kent City Code and adding new Section 9.02.70 pertaining to the access of minors to tobacco, and amending Section 9.02.100 of the Kent City Code pertaining to penalties for firearms violations. WHEREAS, the City must amend its Criminal Code by adopting certain provisions of the Revised Code of Washington, and by repealing and amending certain sections of the code in order to provide for a comprehensive code consistent with State law that will enable the City to file and prosecute violations for offenses not now covered by the City's code; and WHEREAS, adding a new section to the Criminal Code that prevents persons who engage in criminal conduct at a park or public facility from entering or remaining in that particular park or public facility will help preserve the peace, health, and safety of the parks and its patrons; NOW THEREFORE, Criminal Code 1 THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Section 9.02.24 of the Kent City Code is hereby amended to read as follows: Sec. 9.02.24. Crimes of physical harm and unlawful detention. The following sections of Chapters 9.02, 9.91, 9A.36, 9A.40,aad 9A.42. and 13.32A of the Revised Code of Washington(RCW), with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. A. RCW 9.02.050 Concealing birth. B. RCW 9.91.060 Leaving children unattended in a parked automobile. C. RCW 9A.36.050 Reckless endangerment_ in the d aorta D. RCW" 9A.36.070 Coercion. E. RCW 9A.40.070 Custodial interference in the second degree. F. RCW 9A.40.080 Custodial interference - Assessment of costs - Defense - Consent defense restricted. G. RCW 9A.42.080 Abandonment of a dependent person in the third degree. H. RCW 9A.42.090 Abandonment of dependent person - Defense. I. RCW 13.32A.080 Unlawful harborinu of a minor - Penalty - Prosecution of adult for involvinu child in commission of offense. SECTION 2: Section 9.02.40 of the Kent City Code is hereby amended to read as follows: Sec. 9.02.40. Crimes of disturbing the peace. The following sections of Chapters 9.91, aa4 9A.84 and 28A.635 of the Revised Code of Washington (RCW), with the Criminal Cade exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. A. RCW 9.91.025 Unlawful bus conduct. B. RCW 9A.84.010 Riot. C. RCW 9A.84.020 Failure to disburse. D. RCW 28A.635.020 Willfully disobeying school administrative personnel or refusing to leave public property, violations when- Penalty. Interference by force or violence—Penalty. E. RCW 28A.635.090 F. RCW 28A.635.100 Intimidating my administrator teacher classified employee, or student by threat of force or violence unlawful. G. RCW 28A.635.110 Violations under RCW 28A.635.090 and 28A 635 100 Disciplinary authority exception. H. RCW 28A.635.120 Violations under RCW 28A.635.090 and 28A 635.100 - Penalty. SECTION 3: Section 9.02.50 of the Kent City Code is hereby amended to read as follows: Sec. 9.02.50. Crimes of theft. The following sections of Chapters 9.91 and 9A.56 of the Revised Code of Washington (RCW), with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. A. RCW 9.91.140 Food stamps. B. RCW 9A.56.010 Definitions. C. RCW 9A.56.020 Theft - Definition, defense. D. RCW 9A.56.050 Theft in the third degree. Criminal Code E. RCW 9A.56.060 Unlawful issuance of checks or drafts. F. RCW 9A.56.096 Theft of rental leased or lease-purchased property. G.P. RCW 9A.56.140 Possessing stolen property - Definition - Access devices, presumption. H6. RCW 9A.56.170 Possessing stolen property in the third degree. I14. RCW 9A.56.180 Obscuring the identity of a machine. JI. RCW 9A.56.220 Theft of subscription television services. SECTION 4: A new section 9.02.56 is added to chapter 9.02 of the Kent City Code, amending the Criminal code to read as follows: Sec. 9.02.56. Public facility—Criminal activity—Prohibition of entry. A. Whenever a Police Officer or a Judge, Commissioner or Judge Pro Tempore of the Kent Municipal Court has probable cause to believe that a person has committed any act set forth in subsection C of this section on any public fazdity as described in subsection D of this section,that person may be given a written order prohibiting that person from entering the public facility where the act was committed. When issued by a police officer,the order shall be effective for a period of up to forty-five (45) days or the date in which the violator is arraigned on the criminal matter which resulted in the issuance of the order, whichever comes first, unless extended by a judge, commissioner, or judge pro tempore. When issued or extended by a Judge, Commissioner, or Judge Pro Tempore. the order shall be effective during the pendency of the criminal action arising out of the act which resulted in the issuance of the order unless withdrawn sooner by a Judge. Commissioner, or Judge Pro Tempore. If the person is convicted in any criminal action arising out of the act which resulted in the issuance of the oraer. the Judge. Commissioner, or Judge Pro Tempore may issue or extend the order for such a period of time not to exceed the time that the court retains jurisdiction over the matter. B. Whenever a Police Officer has probable cause to believe that a person has been notified in writing under this section that the person is prohibited from entering a Criminal Code I 4 public facility described in subsection D, and the person is on the public facility for which prohibition of entry has been ordered, such officer may arrest the person for violating the prohibition on entry. C. An act which may result in the issuance of a written order prohibiting a person from entering a public facility may consist of any of the following when committed on the public facility: 1, Any act which qualifies as a felony crime; 2. Any act which qualifies as a gross misdemeanor or misdemeanor crime, excluding all traffic offenses except for violations of RCW 46.61.500, RCW 46.61.502, RCW 46.61.503, RCW 46.61.504, RCW 46.61.525; or 3. Any act which involves entering an area designated in subsection D after the area was closed to the public. D. For the purpose of this section, a public facility consists of the buildings, structures, and equipment, and the adjoining grounds and appurtenances of any of the following: 1. Any park maintained by the City of Kent, the County of King, or the State of Washington. 2. Any recreational area maintained by the City of Kent, the County of King, or the State of Washington, including but not limited to any skateboard park,the property known as Kent Commons, and the property known as the Kent Senior Center. 3. The bodies of water known as Lake Meridian and Lake Fenwick and i associated boat ramps and areas of ingress and egress. 4. Any public school maintained by the City of Kent, the County of King, or the State of Washington. 5. Any public library maintained by the City of Kent, the County of King, or the State of Washington. E. A person who is issued an order pursuant to this section shall have the opportunity to challenge the issuance of the order. When a person challenges the validity of the Criminal Cod 5 order, the City must establish that probable cause exists to believe that the person committed any act set forth in subsection C. Proof of probable cause shall be established based solely upon the sworn declaration incorporated by reference in a police officer's report that substantially conforms to the requirements of 9A.72.085 without further evidentiary foundation. The sworn declaration may be supplemented by the testimony of witnesses. The person against whom the order was issued shall have the opportunity to present evidence and testimony when challenging the order. F. Nothing in this section shall be construed to prohibit or penalize activity consisting of the lawful exercise of freedom of speech, the right to lawfully and peaceably assemble, the right to travel, the right to petition the government for redress of grievances, or the response to an emergency. G. A person who violates this section shall � guilty of a misdemeanor. SECTION S: Section 9.02.58 of the Kent City Code is hereby amended to read as follows: Sec. 9.02.58. Frauds, swindles and deception. The following sections of Chapters 9.04, 9.18, 9.26A, 9.38, 9.45, 9.46, 9A.60, and 9A.61 of the Revised Code of Washington (RCW), with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. A. RCW 9.04.010 False advertising. B. RCW 9.18.080 Offender a competent witness. C. RCW 9.18.120 Suppression of competitive bidding. D. RCW 9.18.130 Collusion to prevent competitive bidding. E. RCW 9,18.140 Penalty, F. RCW 9.18.150 Agreements outside state. G. RCW 9 26A.090 Telephone company credit cards - Prohibited acts. Criminal Code 6 H. RCW 9.26A.100 Definitions. I. RCW 9.26A.110 Fraud in obtaining telecommunications service - Penalty. J. RCW 9.26A.120 Fraud in operating coin-box telephone or other receptacle. K. RCW 9.26A.130 Penalty for manufacture or sale of slugs to be used for coin. L. RCW 9.38.010 False representation concerning credit. M. RCW 9.38.015 False statement by deposit account applicant. N. RCW 9.38.020 False representation concerning title. O. RCW 9.45.060 Encumbered, leased, or rented personal property - Construction. PQ. RCW 9.45.070 Mock auctions. QR. RCW 9.45.080 Fraudulent removal of property. _RS. RCW 9.45.090 Knowingly receiving fraudulent conveyance. S-T. RCW 9.45.100 Fraud in assignment for benefit of creditors. T4. RCW 9.46.196 Cheating. U3.L. RCW 9A.60.040 Criminal impersonation. V-W. RCW 9A.60.050 False certification. WX. RCW 9A.61.010 Definitions. XY-. RCW 9A.61.020 Defrauding a public utility. Y;�. RCW 9A.61.050 Defrauding a public utility in the third degree. SECTION 6. A new Section 9.02.70 is added to Chapter 9.02 of the Kent City Criminal Code to read as follows: Sec. 9.02.70. Tobacco - Access to minors. The following sections of Chapters 7.80, 26.28, and 70.155 of the Revised Code of Washington(RCW) are hereby adopted by Criminal Code 7 K.1T RCW 66.44.150 Buying liquor illegally. LAh4- RCW 66.44.180 General penalties - Jurisdiction for violations. M.N- RCW 66.44.200 Sales to persons apparently under the influence of liquor. N.9- RCW 66.44.240 Drinking in public conveyance - Penalty against carrier - Exception. O.lz RCW 66.44.250 Drinking in public conveyance - Penalty against individual - Restricted application. P.Q- RCW 66.44.270 Furnishing liquor to minors - Possession, use - Exhibition of effects - Exceptions. QR-. RCW 66.44.290 Minor purchasing or attempting to purchase liquor. R.9- RCW 66.44.291 Minor purchasing or attempting to purchase liquor - Penalty against persons between ages of eighteen and twenty, inclusive. S.:F-- RCW 66.44.300 Treats, gifts, purchases of liquor for or from minor, or holding out minor as at least twenty-one, in public place where liquor sold. T.LL RCW 66.44.310 Minors frequenting off-limits area-Misrepresentation of age - Penalty - Classification of licensees. I U.-V- RCW 6644.320 Sale of liquor to minors a violation. V.W- RCW 66.44.325 Unlawful transfer to a minor of an identification of age. W.X- RCW 66.44.328 Preparation or acquisition and supply to persons under age twenty-one of facsimile of official identification card- Penalty. X.-Y- RCW 69.50.101 Definitions. Y.,7,- RCW 69.50.102 Drug paraphernalia- Definitions. Z.A.4, RCW 69.50.401 Prohibited acts: A-penalties (possession of marijuana). Criminal Code 9 AA.$14-RCW 69.50.408 Second or subsequent offenses. BB.GC RCW 69.50.412 Prohibit acts: E-penalties (paraphernalia). CC.Pp-RCW 69.50.425 Misdemeanor violations - Minimum imprisonment. SECTION 8: Section 9.02.100 of the Kent City Code is hereby amended to read as follows: Sec. 9.02.100. Firearms, dangerous weapons and explosives. The following sections of chapters 9.41,9.91 and 70.74 of the Revised Code of Washington(RCW), with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. A. RCW 9.41.010 Terms defined. B. RCW 9.41.050 Carrying firearms. C. RCW 9.41.060 Exceptions to restrictions on carrying firearms. D. RCW 9.41.140 Alteration of identifying marks - Exceptions. E. RCW 9.41.230 Aiming or discharging firearms, dangerous weapons. F. RCW 9.41.240 Possession of pistol by person from eighteen to twenty-one. G. RCW 9.41.250 Dangerous weapons - Penalty. H. RCW 9.41.260 Dangerous exhibitions. I. RCW 9.41.270 Weapons apparently capable of producing bodily harm - Unlawfully carrying or handling - Penalty - Exceptions. J. RCW 9.41.280 Possessing dangerous weapons on school facilities - Penalty - Exceptions. K. RCW 9.41.300 Weapons prohibited in certain places - Local laws and ordinances - Exceptions - Penalty. L. RCW 9.41.810 Penalty. Criminal Code 10 reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. A. RCW 7.80.120 Monetary penalties - Restitution. B. RCW 26.28.080 Selling or giving tobacco to minor - Belief of representative capacity, no defense - Penalty. C. RCW 70.155.080 Purchasing or obtaining tobacco by persons under the age of eighteen - Civil infraction. SECTION 7. Section 9.02.80 of the Kent City Code is hereby amended to read as follows: Sec.9.02.80. Alcohol,drugs, and toxic fumes. The following sections of Chapters 9.47A, 8, 66.04, 66.28, 66.44 and 69.50 of the Revised Code of Washington (RCW) with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. A. RCW 9.47A.010 Definition. B. RCW 9.47A.020 Unlawful inhalation - Exception. C. RCW 9.47A.030 Possession of certain substances prohibited, when. D. RCW 9.47A.040 Sale of certain substances prohibited, when. E. RCW 9.47A.050 Penalty. _- ..- Sellingg'. o Ming tebaeee to 17 o1'oF ..F ro^p're$Bi�t$t eit., a de fe .se Peim'Tr F.Fr. RCW 66.04.010 Definitions. G.R- RCW 66.28.200 Keg registration - Requirements of seller. Hj- RCW 66.28.210 Keg registration - Requirements of purchaser. I.3- RCW 66.28.230 Keg registration - Penalties. J.K— RCW 66.44.100 Opening or consuming liquor in a public place - Penalty. Criminal Code 8 M.-b- RCW 9.91.160 Personal protection spray devices. N.M- RCW 70.74.010 Definitions. O.N-. RCW 70.74.295 Abandonment of explosives. P.O- RCW 70.74.300 Explosive containers to be marked - Penalty. Q L RCW 70.74.310 Gas bombs, explosives, stink bombs, etc. SECTION 9: -Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 10: -Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED: day of 11998. APPROVED: day of , 1998. PUBLISHED: day of 11998. Criminal Code 11 13.32A.080. Unlawful harboring of a minor—Penalty—Defense— Prosecution of adult for involving child in commis- sion of offense (1)(a) A person commits the crime of unlawful harboring of a minor if the person provides shelter to a minor without the consent of a parent of the minor and after the person knows that the minor is away from the home of the parent, without the parent's permission, and if the person intentionally: (i) Fails to release the minor to a law enforcement officer after being requested to do so by the officer; or (ii) Fails to disclose the location of the minor to a law enforcement officer after being requested to do so by the officer, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or (iii) Obstructs a law enforcement officer from taking the minor into custody; or (iv) Assists the minor in avoiding or attempting to avoid the custody of the law enforcement officer. (b) It is a defense to a prosecution under this section that the defendant had ! custody of the minor pursuant to a court order. (2) Harboring a minor is punishable as a gross misdemeanor. (3) Any person who provides shelter to a child; absent from home, may notify the department's local community service office of the child's presence. (4) An adult responsible for involving a child in the commission of an offense may be prosecuted under eaosting criminal statutes including, but not limited to: (a) Distribution of a controlled substance to a minor, as defined in RCW 69.50.406; (b) Promoting prostitution as defined in chapter 9A.88 RCW; and (c) Complicity of the adult in the crime of a minor, under RCW 9A.08.020. Amended by Lams 1994,1st Sp.Sess.,ch.7, § 507. 28A.635.020 Willfully disobeying school administra- tive personnel or refusing to leave public property, violations,when—Penalty.(1) It shall be unlawful for any person towillfully disobey the order of the chief administrative officer of a public school district, or of nunds or autothhorized property which esignee of a y su ch administrator,to leave any motor vehicle,building,gr operated or controlled by the school district Pim�entlatens toy root or the aannother to alcohol or drugs, or is committing, imminently commit any act which would disturb or interfere with or obstruct any lawful task, function,process or procedure of the oriitrict invitee o the school lawful task, trict�The order of a or procedure of any student, official, employee rs school officer or designee acting pursuant to this subsection shall be valid if the officer or designee reasonably believes a person orderedbanco to leave is aser the providedlinnthisf al6h6l or a beeon drugs, is committing acts, or is creating a (2) It shall be unlawful for any person to refuse to leave public property immediately adjacent to a building,grounds or property which is owned,operated or controlled by a school district when ordered to do so by a law enforcement officer if such operson r substantial harm conduct which creates a substantial risk of causing injury to any Pena n, to property,or such conduct amounts to disorderly conduct under.RCW 9Ativi0 c of (3) Nothing in this section shall be construed to prohibit or penalize activity consisting aceabllyy the lawful exercise of freedom of speech, freedom of press and the right to pe assemble and petition the government for a redress of grievances: PROVIDED, That such activity neither does or threatens,imminently. to materially disturb or interfere.with or obstruct any lawful task, function, process or procedure of the school district,or any lawful task,function,process or procedure of any,student,official, employee or invitee of the school district PROVIDED FURTHER, That such activity-is not conducted in violation of a prohibition or limitation lawfully imposed by the school district upon entry or use of any motor vehicle,building;grounds or other property which is owned, operated or controlled by the school district (4) Any person guilty of violating this section shall be deemed guilty of a gross misdemean- or punishable as provided in chapter 9A.20 RCW. AddMons are Indicated by underline; deletions by strlkawt I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:�LA W 1ORDINANC AChap9.doc Criminal Code 12 28A.635.090 Interference by force or violence— Penalty. It shall be unlawful for any person, singly or in concert with others, to interfere by force or violence with any administrator, teacher, classified employee, person under contract with the school or school district, or student of any common school who is in the peaceful discharge or conduct of his or her duties or studies. Any such interference by force or violence committed by a student shall be grounds for immediate suspension or expulsion of the student. [1996 c 321 § 3; 1990 c 33 § 540; 1988 c 2 § 1; 1971 c 45 § 3. Formerly RCW 28A.87.230.] 28A.635.100 Intimidating any administrator, teacher,classified employee,or student by threat of force or violence unlawful. It shall be unlawful for any person, singly or in concert with others, to intimidate by threat of force or violence any administrator, teacher, classified employee, or student of any common school who is in the peaceful discharge or conduct of his or her duties or studies. [1990 c 33 § 541; 1988 c 2 § 2; 1971 c 45 § 4. Formerly RCW 28A.87.231.1 28A.635.110 Violations under RCW 28A.635.090 and 28A.635.100—Disciplinary authority exception. The crimes defined in RCW 28A.635.090 and 28A.635.100 shall not apply to school administrators, teachers, or classified employees who are engaged in the reasonable exercise of their disciplinary authority. [1990 c 33 § 542; 1988 c 2 § 3; 1971 c 45 § 5. Formerly RCW 28A.87.232.1 28A.635.120 Violations under RCW 28A.635.090 and 28A.635.100—Penalty. Any person guilty of violating RCW 28A.635.090 and 28A.635.100 shall be deemed guilty of a gross misdemeanor and, upon conviction thereon, shall be fined not more than five hundred dollars, or imprisoned in jail not more than six months or both such fine and imprisonment. [1990 c 33§ 543; 1971 c 45 § 6. Formerly RCW 28A.87.233.1 Severability-1971 c 45: See note following RCW 2813.10.570. 7.80.120. Monetary penalties—Restitution (1) A person found to have committed a civil infraction shall be assessed a monetary penalty. (a) The maximum penalty and the default amount for a class 1 civil infraction shall be two hundred fifty dollars, not including statutory assess- ments, except for an infraction of state law involving tobacco products as specified in RCW 70.93.060(4),in which case the maximum penalty and default amount is five hundred dollars; (b) The maximum penalty and the default amount for a class 2 civil infraction shall be one hundred twenty-five dollars, not including statutory assessments; (c) The maximum penalty and the default amount for a class 3 civil infraction shall be fifty dollars, not including statutory assessments; and (d) The maximum penalty and the default amount for a class 4 civil infraction shall be twenty-five dollars, not including statutory assessments. (2) The supreme court shall prescribe by rule the conditions under which local courts may exercise discretion in assessing fines for civil infractions. (3) Whenever.a monetary penalty is imposed by a court under this chapter it is immediately payable. If the person is unable to pay at that time the court may grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the prosecuting authority of the failure to pay. (4) The court may also order a person found to have committed a civil infraction to make restitution. Amended by Laws 1997,ch.159,§ 2. 26.28.080 Selling or giving tobacco to minor—Belief of representative capacity, no defense—Penalty. Every, person who sells or gives, or permits to be sold or given to any person under the age of eighteen years any cigar, ciga- rette, cigarette paper or wrapper, or tobacco in any form is guilty of a gross misdemeanor. It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another. [1994 sp.s. c 7 § 437. Prior: 1987 c 250 § 2; 1987 c 204 § 1; 1971 ex.s. c 292 § 37; 1919 c 17 § 1; 1911 c 133 § 1; 1909 ex.s. c 27 § 1; 1909 c 249 § 193; 1901 c 122 § 1; 1895 c 126 §§ 1, 3 and 4; RRS § 2445. Formerly RCW 26.08.080, 26.08.090, and 26.08.100.1 RCW 9.41.810 Penalty. Any violation of any provision of this chap- ter except as othprovided, lyshall be a misdemeanor and per punishable 11 igg3 c 3 §7; [1994 c 259§ 312; 1983 c 232§ 25 6'16.1 Formerly RCW5 1 6' RR S § 9 41 160 1 70.155.080. Purchasing or obtaining tobacco by persons under the age of eighteen—Civil infraction (1) A person under the age of eighteen who purchases or attempts to purchase,possesses, or obtains or attempts to obtain cigarettes or tobacco products commits a class 3 civil infraction under chapter 7.80 RCW and is subject to a fine as set out in chapter 7.80 RCW or participation in up to four hours of community service, or both. The court may also require participation in a smoldng cessation programr4p bet#. This provision does not apply if a person under the age of eighteen,with parental authorization,is participating in a controlled purchase as part of a liquor control board, law,enforcement, or local health department activity. (2) Municipal and district courts within the state have jurisdiction for enforcement of this section. Additions are indicated by underline; deletlons by atUmd RCW 9A56.096 Theft of rental,leased,or lease, purchased property. (1) A person who, with intent to deprive the owner or owner's agent, wrongfully obtains, or exerts unauthorized control over,or by color or aid of deception gains control of personal property that theft is rented or leased to the person, is guilty of rental, leased, or lease-purchased property. to (2)The finder of fact may presume intedeprive if the finder of fact finds either of the following: (a)That the person who rented or leased the property failed to return or make arrangements ac- ceptable to the owner of the property or the owner's agent to return the property to the owner or the owner's agent within seventy-two hours aft receipt of proper lowing the date of the rental, le notice ase, orlcasolpureh se agree ment; or resented idcnti- (b)That the renter or lessee p fication to the owncr or the owner's agent that was materially false, fictitious, or not current with respect to name,address.Platt of cmnloymcnt,or other appropriate items- (3) As used in subsection (2) of this section, "proper notice" consists of a written demand by the owner or the owner's agent made after the due date of the rental, lease, or Icase-purchase period, mailed by certified or registered mail to the renter or lessee at: (a)The address the renter or lessee gave when the contract was made:or(b)the renter or lessee's last known adres if the later agent ofd in the writing byhe renter, lesee or renter or lessee. ob- (4)The replacement value of the propen y tained must be utilized in determining the amount involved in the theft of rental, leased, or lease- purchased property. Theft of rental, leased, or lease-purchased property is a: Class B felony if the rental, leased, or lease-purchased property is valued at one thousand five hundred dollars or more;class C felony if the rental, leased,or lease- purchased property is valued at two hundred fifty dollars or more but less than on thousand housa afhe hundred dollars; and :gross e f the vhe rental, leased, or lease..purchased property al ued at less than two hundred fifty dollars. (5)This section applies to rental agreements that provide that the renter may return the o opefor rty any time within the rental period and pay y the time the renter actually retained the property, in addition to any minimum rental fee, to lease agreements, and to lease-purchase agreements as defined under RCW 63.19.010. This section does not apply to rental or leasing of real property un- der the residential landlord-tenant act, chapter 59.18 RCW. 11997 c 346 4 1.] Kent City Council Meeting Date July 7 . 1998 Category Consent Calendar 1. SUBJECT: TRAFFIC AND MOTOR VEHICLES CODE AMENDMENTS - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. q( as an emergency ordinance amending the Traffic and Motor Vehicle Code and other related provisions. The Model Traffic Ordinance, a comprehensive collection of traffic laws, was designed to be adopted by municipalities in the State of Washington for the consistent enforcement of traffic laws throughout the State. This proposed emergency ordinance readopts an updated version of the Model Traffic Ordinance. This proposed emergency ordinance also adopts numerous state laws, and repeals provi- sions of the City code which duplicate the state laws that are adopted. The proposed emergency ordinance also amends certain criminal charges to traffic infractions, and amends the fines for certain traffic infractions. The adoption of this emergency ordinance requires a unanimous vote of all council members present at this meeting. 3 . EXHIBITS: Ordinance; a copy of the Washington Model Traffic Ordinance (160 pp. ) , which forms a part of these amendments, is available at the City Council ' s office for your review. 4 . RECOMMENDED BY: Public Safety 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. 3K ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington,repealing a portion of 9.02.36 of the Kent City Code and creating a new Section 9.36.045 relating to the public disturbance caused by excessively loud music from vehicles, amending Section 9.36.010 of the Kent City Code pertaining to the Model Traffic Ordinance, creating new Section 9.36.015 of the Kent City Code relating to driving regulations in addition to the Model Traffic Ordinance, amending Section 9.36.015 of the Kent City Code relating to inattentive driving, amending Section 9.36.030 of the Kent City Code pertaining to avoiding intersections, amending Section 9.36.040 of the Kent City Code pertaining to breaking traction, and adding a new Section 9.36.048 to the Kent City Code pertaining to riding bicycles, skateboards, skates, and in-line skates on the sidewalks of the downtown district and on the City Hall campus, and declaring an emergency therefore. WHEREAS, the City must amend its Traffic Code by adopting certain provisions of the Revised Code of Washington, and by repealing and amending certain sections of the coAe in order to provide for a comprehensive code consistent with State law that will enable the Citv to file and prosecute violations for offenses not now covered by the City's code; and WHEREAS, the City must amend Breaking Traction and Motor Vehicle Public Disturbance from criminal charges to infractions in order to provide for more efficient law enforcement of those offenses; and 1 Traffic Code 31K ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington,repealing a portion of 9.02.36 of the Kent City Code and creating a new Section 9.36.045 relating to the public disturbance caused by excessively loud music from vehicles, amending Section 9.36.010 of the Kent City Code pertaining to the Model Traffic Ordinance, creating new Section 9.36.015 of the Kent City Code relating to driving regulations in addition to the Model Traffic Ordinance, amending Section 9.36.015 of the Kent City Code relating to inattentive driving, amending Section 9.36.030 of the Kent City Code pertaining to avoiding intersections, amending Section 9.36.040 of the Kent City Code pertaining to breaking traction, skates, in line slatesell the sidewalks f tl. .1 ♦ distr;et an tl City Nall ,.am and declaring an emergency therefore. WHEREAS, the City must amend its Traffic Code by adopting certain provisions of the Revised Code of Washington, and by repealing and amending certain sections of the code in order to provide for a comprehensive code consistent with State law that will enable the City to file and prosecute violations for offenses not now covered by the City's code; and WHEREAS,the City must amend Breaking Traction and Motor Vehicle Public Disturbance from criminal charges to infractions in order to provide for more efficient law enforcement of those offenses; and 1 Traffic Code 3 -'t*L WHEREAS, the City must amend the penalties for certain traffic infractions to be more consistent with the penalties imposed for violations of similar State laws; and WHEREAS, in order to preserve the peace, health, and safety of the citizens of Kent, a public emergency exists requiring that the City immediately enact amendments to its Traffic Code in order to remain consistent with State laws and regulations and to allow for efficient enforcement of these laws;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 9.02.36 of the Kent City Code is hereby amended to read as follows: Sec. 9.02.36. Public disturbance. A. A person is guilty of public disturbance if he or she: 1. Causes a public nuisance disturbance or is in possession and control of property on which a public nuisance disturbance occurs. The following sounds are determined to be public nuisance disturbances: a. The frequent,repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law. b. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation,repair,rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential district, s`P'5�s0�,1.o O� urirea§dnably disturb or interfere w thfilie peace;°c©mfoi an k "e of owners or possessors of real property: so as to be audib!!L� di stanee . than FF+ icm 9H�-€FAi tl� t . o k. From delete, 2 Traffic Code which the noise is emminatine. C. Yelling, shouting,hooting,whistling or singing on or near the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time and place so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property. d. The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, condominium, or yar d adjacent thereto which unreasonably interferes with the peace, comfort, and repose of owners or possessors of real property such as sounds from musical instruments, audio sound systems, band sessions, or social gatherings. e. The creating of frequent, repetitive or continuous sounds made by any animal, such as barking or howling except that such sounds made in animal shelters, commercial kennels, veterinary hospitals, pet shops or pet kennels licensed under and in compliance with chapter 8.03 of the Kent City Code shall be exempt from this subsection. I f g. Sound from portable audio equipment, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty (50) feet from the source, and if not operated upon the real property of the operator. This provision shall not apply to such sounds emitted from scheduled events or activities at parks and recreational facilities such as public address systems for park or game events or concerts or similar park or recreation activities. g h. The creation of frequent, repetitive or continuous sounds made in Traffic Code ;andRC-A 46 -+ 6_ 46-44.014, 46.44 95,46 35 A37 46 61 �1 nnc 6 61 9;1 46 6 �� n 6.6141 11 f m449h amend a rr r 1 e t ." ...t to r 1 nn2 ehapte n nn the Alashiag4efi M a 1 T fF !1 d a published Air -'- 1991 /r-f -- t: .. Pullstin NA 1 1 t, 1 t f .wh ' L` &h'h:t A as ..aA of th Washingtea Model T..eff... Ce:le Nat o SECTION 3. The following new Section 9.36.015, entitled "Driving Regulations," shall be added to Chapter 9.36 of the Kent City Code: Sec. 9.36.015. Driving regulations. The following sections of Chapters 46.20 and 46.61 of the revised Code of Washington (RCW) are hereby adopted by reference as currently enacted and as may be amended from time to time, and shall be given the same force and effect as if set forth herein in full. A. RCW 46.20.005 Driving without a license - Misdemeanor, when. B. RCW 46.20.015 Driving without a license - Traffic infraction, when. C. RCW 46.20.720 Ignition interlocks. biological technical devices - Drivers convicted of alcohol offenses. D. RCW 46.20.730 Ignition interlock device - Other biological or technical device - Definitions. E. RCW 46.61.5249 Negligent driving - First degree. SECTION 4. Section 9.36.020 of the Kent City Code is hereby amended as follows: Sec. 9.36.020. Inattentive driving. A. It is unlawful for any person to operate a motor vehicle in an inattentive manner over the highways of the city. B. For the purpose of this section "inattentive" means the operation of a vehicle upon the public highways of the city in a lax or slack manner. 5 Traffic Code SECTION 7. A new Section 9.36.045 is added to Chapter 9.36 of the Kent City Code as follows: Sec. 9.36.045. Motor vehicle public disturbance. A. It is unlawful for any person in control of or operating a motor vehicle to permit sound from the motor vehicle sound system, such as but not limited to a radio, tape player, or compact disc player, whether or not affixed to the vehicle,to be operated at a volume so as to be audible at a distance greater than fifty (50) feet from the vehicle itself. B. A violation of this section shall be a traffic infraction punishable by a monetary penalty of One Hundred Fifty Dollars ($150.00). SECTION 8. - Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 9. - Effective Date. This emergency ordinance shall take effect and be in force immediately upon adoption. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 7 Traffic Code APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED: day of 11998. APPROVED: day of , 1998. PUBLISHED: day of 11998. I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JA",OBER, CITY CLERK P_t1.A W\ORD1NANC\tnffi<.ord.doc i 8 Traffic Code C. The offense of operating a vehicle in an inattentive manner shall be considered to be a lesser offense than, but included in the offense of operating a vehicle in a negligent manner. D. A violation of this section shall be ' a traffic infraction punishable by a monetary ' *' '"` penalty sj?qy si*of one hundred dollars ($100.0066-94). SECTION 5. Section 9.36.030 of the Kent City Code is hereby amended as follows: Sec. 9.36.030. Avoidance of intersection, penalty. A. It is unlawful for any person operating a motor vehicle on the highways of the city to turn such vehicle either to the right or to the left upon approaching or leaving intersections and to proceed across any private property for the purpose of avoiding the intersection or any traffic control device controlling the intersection, unless so directed by lawful authority. B. Aff�L violation of this section shall be a traffic infraction and punishable by a monetary penalty of one hundred dollars f -? seven do! ($100.00 4:�-9). SECTION 6. Section 9.36.040 of the Kent City Code is hereby amended as follows: Sec. 9.36.040. Breaking traction--Quick starts. A4-. No person shall drive any vehicle or motorcycle so as to cause, by excessive or unnecessary acceleration, the tires of any such vehicle or cycle to spin and emit loud noises or to unnecessarily throw stones or gravel. B� b A violation o this section shall be a traffic infraction punishable by a monetary penalty of one hundred fifty dollars ($150.001. 6 Traffic Cod connection with outdoor construction or the movement of construction related materials, including noise made by devices capable of producing sound by either striking or cutting objects, such as hammers, saws or other equipment with internal combustion engines; provided, however, such sounds shall be exempt from the provisions of this Code under the following circumstances: (i) During the hours of 7:00 a.m. through 8:00 p.m., Monday through Sunday; or (ii) In commercial areas not adjacent to residential areas. i B. The foregoing enumeration of acts and noises shall not be construed as excluding other acts and noises which offend the public peace. C. Public disturbance is a misdemeanor. SECTION 2. Section 9.36.010 of the Kent City Code is hereby amended as follows: Sec. 9.36.010. Adopting ordinance. Pursuant to r 'no' ehapt@.. 4 nn and pofswa4 te RCW 46.90.010, the Washington Model Traffic Ordinance (MTO) as set forth in the L:askin6«. ^-r fain sr'"«'' @ gad@ iB eChapter 308-330 (IAIA94 of the Washington Administrative Code (WAC) attached as Exhibit A, is hereby adopted by reference; as currentiv enacted and as hereinafter amended from time to time and shall be given the same force and effect as if set forth herein in full„ The MTO, in conjunction with the other provisions of eChapter 9.36 herein shall constitute the traffic ordinance of the Citv of Kent. The d;..,nse has been poblished 'i4owspap@r as :Elea in RCUI A c n 42 4 6n A copy of the St—ate F'i Zashi.,g, qf. Made! T•iza v cvc c MTO, '' •«w •« a o.,«� ..�o« 14:n r�.h;�.:« n «,. t4 .,,a,... • «:.,g a vx acov c�a � . i'oz coi ci:sc as if set&4«t4-hQYe:R :; ; • shall be authenticated and •r recorded by the city clerk along with the this adopting ordinance for examination by the Up blic. 4 Traffic Code _r %,. •y.• xy" +ry` Y -�•,ca-FC z< W�,•!t� c-S r1'`' {S },v i•y to"mot,a .ice'' 1-r��t rr i-�ii /]f-.riJ +..tom.>���\�r .y,^<..�i`_.�__ �!\<rq }^ - f♦ ;yi`•s < y�`�.`([e�kil:�t r h.'hr rtS+' 'rr �+tw.. S r �Jfr"rb '�. - >¢ a.. '^���,,y tk r �LS'gg��y�.P'y � Fy� r 'V�,c � +S �. w r' } •a•.- _ "� yz1'!i. <- h''[�.£'LS �` s�..-� '4 n � .l�Y 'Y Z .�• �, a ��'vE.y • '�,r�'�Pr<-y Y z-f,� rar :i`' - a•, � �'. t . 1, i.> ' r k -, : �^ ' <�d�,,,'�, a �C S ' a �s'4 [ r .r tom..- ♦ .„ A. 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"i'yS' r"�d.5ti - .._ i-•"3>.._af9...J-Iv�,��r .>+�z,"ki 1.�,!!.*��..,.. I,P.+,.. n, -.. rw...� R..-E�.:"4. .r-.rr. _ .. .` ','.^��14` �S r",\-. .. i //✓ Kent City Council Meeting Date July 7 . 1998 Category Consent Calendar 1. SUBJECT: INTERURBAN TRAIL SIGNALS - ACCEPTANCE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept as complete the Interurban Trail Signals contract and release of retainage to Signal Electric, Inc. upon standard releases from the State and release of any liens. The original contract amount was $95, 953 . 00. The final construction cost was $100, 679 . 50. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• _ ACTION: Council Agenda Item No. 3L Kent City Council Meeting Date July 7 . 1998 Category Consent Calendar 1. SUBJECT: SHORELINE MASTER PROGRAM UDPATE - APPROVAL AND ESTABLISHMENT OF BUDGET 2 . SUMMARY STATEMENT: Approve the establishment of a budget to expend grant funds, received by the Department of Ecology to update the Shoreline Master Program. In January 1998, the City Council authorized the Mayor to sign a grant agreement with the State Department of Ecology to update the City's Shoreline Master Program. A consulting firm has been hired to assist with the project. The Finance Department informed the Planning Department that since grant funding is involved, in addition to authorizing the Mayor to sign the agreement with DOE, Council needs to authorize the establishment of a budget to expend the grant funds. The Planning and Public Works Committee heard this item on June 15, 1998, and recommended that a budget be established to expend grant funds received by the Department of Ecology. 3 . EXHIBITS: copy of memo to Public Works/Planning Committee and minutes of 6/15/98 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. 3M Shoreline Master Program Update Kevin O'Neill, Senior Planner stated that the Planning Dept is embarking on updating the Shoreline Master Program which was initially adopted in 1974 under the Shoreline Management Act. The Master Shoreline Program regulates development within 200 feet of the Green River and will regulate development around Lake Meridian, which was annexed in 1996. He said that currently we are using King County's program until we can amend our own to incorporate the lake. O'Neill said last summer the Citv received a grant from the State Dept of Ecology to assist with this update. In January the Citv Council approved the Mayor signing a grant agreement with D.O.E. O'Neill noted that since that time, we have issued the request for qualifications, hired a consultant firm to assist with the project and established a Citizens Advisory Committee. He said that Planning has been informed by the Finance Dept that since grant funding is involved, in addition to authorizing the Mavor to sign the agreement with D.O.E., Council also needs to authorize establishing a budget to expend those grant funds. O'Neill requested that Committee recommend same. Committee unanimously recommended that Council direct staff to establish a budget to expend the grant funds received from the Dept of Ecology for the Shoreline Master Program. Transportation Improvement Board (TIB) Grant Pedestrian Imorovements SR516 to S. 256' Street Gary Gill stated that we have three similar projects on the agenda -- they are all part of the South County Improvements for Pedestrian Program which was put together by IGng County Executive Ron Sims and a task force which was assembled in the South Countv area to look at areas where we were having some of the highest pedestrian accident problems in IGng County. Thev identified several pilot projects in the areas thev want to use as demonstration projects to try to enhance and improve pedestrian bicycle safety in the South Countv area. Gill noted that the First project on the agenda is in the vicinity of SR5 I b and Benson Highway/S.256" Street. He said we have received a grant of S 100,000 from TIB for designing and constructing improvements in that area and we are requesting that Council authorize the Mayor to sign the Grant Agreement and establish the budget for this project. In response to Rico Yingling's question on cost, Gill stated our main goal is safety and at the same time keep within the budget. Committee unanimously recommended 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. Kent City Council Meeting Date July 7. 1998 Category Consent Calendar 1. SUBJECT: ZONING CODE AMENDMENTS, PHASE I - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. amending the zoning code. This item was heard by the City Council on June 16, 1998 . The Council approved the recommended changes and directed the City Attorney to prepare an ordinance. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: City Council (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3N t l„ Sec. 15.04.080. Wholesale and Retail Land Use Development Conditions. A. Bulk retail uses which provide goods for regional retail and wholesale markets; provided that each use occupy no less than forty-three thousand five hundred sixty (43,560) square feet of gross floor area. B. All sales, storage and display occur within enclosed buildings. C. Provided that any restaurant with drive-in or drive-through facilities shall be located a minimum of one thousand (1,000) feet from any other drive-in restaurant use. D. Convenience and deli marts are limited to a maximum gross floor area of three thousand (3,000) square feet. E. 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. (See subsection 15.04.180 D.3.) F. Special uses must conform to the development standards listed in section 15.08.020. G. Drive-through restaurants, only if located in a building having at least two (2) stories. H. Accessory uses are only allowed in cases where development plans demonstrate a relationship between these uses and the principal uses of the property: I. 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. J. 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. K. The ground level or street level portion of all buildings in the pedestrian overlay of the DC districtll 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: 37 1. 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; 2. Personal services, including but not limited to,barber shops,beauty salons and dry cleaning; 3. Repair services, including but not limited to, television, radio, computer, jewelry and shoe repair; 4. Food-related shops, including but not limited to, restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; 5. Copy establishments; 6. Professional services, including but not limited to, law offices and consulting services; and 7. 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. Ground Floor Retail/service Area. V. SMITH. ST. - Yl.F.:.BpISOH- ST. uwuuuuuuwu. v MEEKER ST. C :0 Ot n ST Trrrrrrm 71 TU3 JT IF . 3111,,,, Ground Floor Retail/service Use Recruired 38 .ti 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. K. Veterinary clinics and animal hospital services when located no less than one hundred fifty (150) feet from any residential use,provided the animals are housed indoors and the building is soundproofed. L. The ground level or street level portion of all buildings in the pedestrian overlay of the DC distric 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: 1. 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; 2. Personal services, including but not limited to, barber shops,beauty salons and dry cleaning; 3. Repair services, including but not limited to, television, radio, computer, jewelry and shoe repair; 4. Food-related shops, including but not limited to, restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; 5. Copy establishments; 6. Professional services, including but not limited to, law offices and consulting services; and 7. 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. 41 Ground Floor Retail/Service Area V. SMITH. ST. V1. HARRISON • ST. �u n,uuuuwuuu� � - M MEEKER ST, !J C N GV n §T E T iTUS ST �u > Ground Floor Retail/Service Use Required 4la ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Title 15 entitled"Zoning" of the Kent City Code by reformatting the code and conforming provisions of the code to the requirements of State law. Amendments to the Zoning Code include Chapter 15.02 - Definitions; Chapter 15.03 -Zoning Districts; Chapter 15.04 - District Regulations; Chapter 15.05 - Offstreet Parking and Loading Requirements; Chapter 15.06 - Sign Regulations; Chapter 15.07 - Landscape Regulations; Chapter 15.08 - General and Supplementary Provisions; and Chapter 15.09 - Administration. WHEREAS, the City of Kent Zoning Code was adopted in 1973 and since that time i over one hundred amendments have been made to the Kent Zoning Code; and WHEREAS, in 1996 the Kent City Council authorized review of the Kent City Code to determine whether reformatting would make the Zoning Code easier to use and identify and correct conflicts, if any, and to bring the Zoning Code into conformity with recent changes in State law; and WHEREAS,the City of Kent Planning Department met with developers, architects, and Chamber of Commerce representatives, as well as City departments to identify areas of the Zoning Code that needed improvement; SECTION 2. Chapter 15.02 of the Kent City Code is amended by renumbering Section 15.02.004 as Section 15.02.001 as follows: Sec. 15.02.004003. Accessory dwelling unit. An accessory dwelling unit(ADU) is a habitable dwelling unit added to, created within, or detached from and on the same lot with a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation. SECTION 3. Chapter 15.02 of the Kent City Code is amended by adding a new Section 15.02.004 as follows: Sec 15 02.004. Accessory Livine Quarters Accessory living Quarters is a single residential dwelling unit within in a commercial or manufacturing building which is incidental to the commercial or manufacturing use. SECTION4. Section 15.02.010 of the Kent City Code is hereby amended as follows: Sec. 15.02.010. Agriculture. A0eal4ffe faeans th@ use of laPA f" agFi6ol~'�"1 ifieWdi g' dail3'ing' pastaage > 1« , v t4ef r"al aFe :tisulyafe to that 4'aefma1 agr- lt, 1 t' 't'es, d pFaj,4d@4 F„ heF that s ,eh s shall not inel de t, a E). 0t4=n F ay Agricultural use 1 � `1 i ax oaGc ox xcxcoc t c o v �" 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 subiect 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 agricultural production. SECTION 5. Section 15.02.015 of the Kent City Code is amended as follows: SECTION 10. Section 15.02.075 of the Kent City Code is amended as follows: See. 15.02.075. Comprehensive plan. Comprehensive plan means 04e plaas7 maps or R9W Tale �§^. the document including maps adopted by the city council which outlines the Citv's goals and policies relating to management of growth, and prepared in accordance with Ch 36 70A RCW The term also includes adopted subarea plans prepared in accordance with Ch. 36.70A RCW. SECTION 11. Chapter 15.02 of the Kent City Code is amended by adding a new Section 15.02.088 as follows: Sec 15 02 088. Congregate Care Facilities. A building or complex of dwellings 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. SECTION 12. Chapter 15.02 of the Kent City Code is amended by adding a new Section 15.02.089 as follows: See. 15.02.089. Convalescent Home. Any home place, institution or facility which provides convalescent or chronic care or both for a period in excess of twenty-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 duly licensed by the State of Washington as a "nursing home" in accordance with the provisions of Ch. 18.51 RCW. SECTION 13. Chapter 15.02 of the Kent City Code is amended by adding a new Section 15.02.098 as follows: 5 Sec. 15.02.400102. Development plan. Development plan means a plan drawn to scale, indicating the proposed use, the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, and the location on the lot of the proposed building or alteration, yards, setbacks, landscaping, offstreet parking, ingress and egress, and signs. SECTION 18. Chapter 15.02 of the Kent City Code is amended by adding a new Section 15.02.114 as follows: 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 occupancy by not more than two (2) families. SECTION 19. Chapter 15.02 of the Kent City Code is amended by repealing Section 15.02.120 as follows: -See. 15.02430. Dwelling, two r mi. , 'rwa family dwelling ffieaRs e ,let., he a tl..,.. t...e (2) families. SECTION 20. Section 15.02.210 of the Kent City Code is amended as follows: 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. SECTION 21. Chapter 15.02 of the Kent City Code is amended by adding a new Section 15.02.228 as follows: Sec. 15.02.228. Long term commercial significance Long term commercial 7 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 June 15, 1976. SECTION 26. Chapter 15.02 of the Kent City Code is amended by adding a new Section 15.02.268 as follows: 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. SECTION 27. Section 15.02.283 of the Kent City Code is amended as follows: Sec. 15.02.283. Nonconforming sign. Nonconforming sign means any sign legally established prior to june—'_Q 1973 the effective date of this title or subsequent amendments thereto, which is not in full compliance with the regulations of this title. SECTION 28. Section 15.02.285 of the Kent City Code is amended as follows: Sec. 15.02.285. Nonconforming use. Nonconforming use means the use of land, a building or a structure lawfully existing as of Tune 29, '°'' prior 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. 9 Sec 15 02333. Planning Director.Planning Director means the director of the City of Kent Planning Department or his/her authorized designee. SECTION 33. Chapter 15.02 of the Kent City Code is amended by adding a new Section 15.02.335 as follows: Sec. 15.02.335. Preschool. Preschool means establishments providing exclusively educational programs for pre-kindergarten or preschool children, but excluding day care uses as defined in Section 15.02.100. SECTION 34. Section 15.02.500 of the Kent City Code is amended as follows: Sec. 15.02.500. Special PeFffli use. Special peffFA4 use means a p@Fmit issue uses use permitted in a district provided such use meets specific development the standards as required fer. sueh use as outlined in Section 15.08.020. SECTION 35. Section 15.02.560 of the Kent City Code is amended as follows: 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 RI ' ' R 9.6 ;;;;a D' '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. SECTION 36. Section 15.02.585 of the Kent City Code is amended as follows: 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.,ekie• ing a ^,...pr-ehensive implementing the goals and policies of the comprehensive plan. Zoning includes both the division of land into separate and district zoning districts, and the 11 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 single- family residential neighborhoods, as designated in the comprehensive plan. It is farther the purpose to provide a ranee 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 Low Density Multifamily Residential District It is the purpose of the MR-G district to provide locations for 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 thegumose of the MR-M district to provide for locations for medium density multi- family residential development and higher density single-family residential development. as designated in the comprehensive plan. 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 when MHP combining district regulations and development plans are approved for that location. PUD Planned Unit Development District The intent of the PUD is to create a process to promote diversity and creativitv in site design, and protect and enhance natural and community features. The process is provided 13 downtown and to implement the goals and policies of the 1989 downtown plan the Kent Comprehensive Plan, and the Downtown Strategic Action Plan. 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 communitv. 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 heave commercial and wholesale uses, and specialty manufacturing. GC General Commercial District The purpose and intent of the general commercial district is to provide for the location of commercial areas developed along certain maior 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 adiacent 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 15 comprehensive plan. Development standards are aimed at maintaining an efficient and desirable industrial area. M3 General Industrial District The pumose 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 adioining uses and non-industrial uses are discouraged from locating in this district, in accordance with the manufanninOndustrial 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 highwav 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 benefiting and ensuring the long term enhancement of properties throughout the studv 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 17 D. Conditional Uses. If the letter "C" 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, 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 conditions indicated in the development condition with the corresponding number in subsection immediately following each land use table. G. Multiple Development Conditions. If more than one letter-number combination appears in the box at the intersection of the column and the row, the use is allowed in that zone subject to different sets of limitations or conditions depending on the review process indicated by the letter, the general requirements of the code and the specific conditions indicated in the development condition with the corresponding number immediately following the table. H. Overlay Zones. Overlay districts provide policies and regulations in addition to those in the underlying zoning district. Overlay zones include the Mixed Use Overlay and the Green River Corridor Special Interest District. I. Applicable Requirements. All applicable requirements shall govern a use whether or not they are cross-referenced in a section. J. Interpretation of Other Uses. Any other un-named use shall be permitted if it is determined by the planning director to be of the same general character as the 19 principally permitted uses and in accordance with the stated purpose of the district, per Section 15.09.065. 20 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 for speculative rezoning. SECTION 38. Chapter 15.04 of the Kent City Code is repealed in its entirety and a new Chapter 15.04 is adopted as follows: CHAPTER 15.04. DISTRICT REGULATIONS See. 15.04.010. Interpretation of Land Use Tables. A. Land Use Tables. The land use tables in sections 15.04.020 through 15.04.140 determine whether a specific use is allowed in a zoning district. The zoning districts are located in the vertical columns and the land uses are located on the horizontal rows of these tables. A purpose statement for each zoning district is included in Chapter 15.03. B. Principally Permitted Uses. If the letter"P" 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. C. Special Uses. If the letter "S" 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, the development standards stated in Sec. 15.08.020, any requirements of an overlay zone and the general requirements of the code. 18 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 Rose of this district to provide opportunities for mixed use development within the designated mixed use overlay, as designated in the comprehensive plan. 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. MI, Ml-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 MI district through the application of the "C" suffix, at centralized, nodal locations where maior 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 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 16 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 overlav boundary as designated by the comprehensive plan. DC Downtown Commercial District It is the pumose 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 plan,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 pumose of this district is to encourage and promote higher densitv 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 14 specific use and development standards which regulate development. Such regulation shall also govern those public and quasipublic land use and buildings which provide for g_ovemment 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. SECTION 37. Section 15.03.010 of the Kent City Code is amended as follows: 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 coal of the city is to preserve prime agricultural land in the Green River Vallev 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 pumose of the SR-1 zone is to provide for areas allowing low density single-family residential development SR-1 zoning shall be applied to those areas identified in the comprehensive elan for low density development because of environmental constraints or the lack of urban services. I 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 I� 12 SECTION 29. Chapter 15.02 of the Kent City Code is amended by repealing Section 15.02.290 as follows: b r mothers, e eensed SECTION 30. Chapter 15.02 of the Kent City Code is amended by adding a new Section 15.02.317 as follows: Sec 15 02 317 Overlay District A defined geographic area where a set of development regulations are established to achieve a specific public purpose. These regulations are in addition to those of the underlying zoning district. Where a conflict exists between the regulations of the overlay district and the underlying zoning, the regulations of the overlav district shall apply. SECTION 31. Chapter 15.02 of the Kent City Code is amended by adding a new Section 15.02.327 as follows: Sec. 15.02.327. Pedestrian-oriented use. A commercial use whose customers commonly arrive on foot or where signage advertising window display 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. SECTION 32. Chapter 15.02 of the Kent City Code is amended by adding a new Section 15.02.333 as follows: 10 silzrifficance includes the growing capacity productivity and soil composition of the land for long-term commercial production in consideration with the land's moximity to population areas and the possibility of more intense uses of the land. SECTION 22. Chapter 15.02 of the Kent City Code is amended by adding a new Section 15.02.231 as follows: Sec. 15.02.231. Lot area Lot area means the area included within the property lines of a lot including any easement area. SECTION 23. Section 15.02.235 of the Kent City Code is amended as follows: Sec. 15.02.235. Lot frontage. The front of a lot shall be that portion nearest the street 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. SECTION 24. Chapter 15.02 of the Kent City Code is amended by adding a new Section 15.02.261 as follows: Sec 15 02 261 Manufactured home A single-familv dwelling constructed in a factory after June 15 1976 and installed in accordance with the U.S. Department of Housing and Urban Development (HUD) requirements for manufactured housing an bearing the appropriate insignia indicating such compliance. SECTION 25. Section 15.02.262 of the Kent City Code is amended as follows: 8 Sec. 15.02.098. Day-Care Center. Daycare center means a day-care operation with thirteen (13) or more persons in attendance at any one time. SECTION 14. Chapter 15.02 of the Kent City Code is amended by adding a new Section 15.02.099 as follows: Sec 15 02 099.Day-Care Home. Day care home means a day-care operation with no more than twelve (12) persons in attendance at any one time in the providers home in the family living quarters including immediate family members who reside in the home. SECTION 15. Chapter 15.02 of the Kent City Code is amended by adding a new Section 15.02.100 as follows: Sec 15 02 100 Day-Care Operation. Day 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 pay or other valuable_consideration, including but not limited to the furnishing of shelter, sustenance supervision,education or other supportive services. SECTION 16. Chapter 15.02 of the of the Kent City Code is amended by renumbering and amending Section 15.02.098 as follows: Sec. 15.02.0 9101. Designated zone facility. Designated zone facility means any hazardous waste facility that requires an interim or final status permit under rules adopted under RV+Z eCh. 70.105 RCW and eCh. 173-303 WAC, and that is not a preempted facility as defined in RCW 70.105.010 or in W A G eCh. 173-303 WAC. A hazardous waste treatment or storage facility is a designated zone facility. SECTION 17. Chapter 15.02 of the Kent City Code is amended by renumbering Section 15.02.100 as follows: 6 Sec. 15.02.015. Alley. ewe Alley or. lane means a public or private way not more than thirty (30) feet wide at the rear or side of property affording only secondary means of vehicular or pedestrian access to abutting property. SECTION 6. Chapter 15.02 of the Kent City Code is amended by repealing Section 15.02.025 as follows: e ie m me n .t F (mu l.'r i n ) n + �-� means ally buildifi- Of-Pffti@a cr�c-�ii xxzeiaav ixai r `4m� SECTION 7. Chapter 15.02 of the Kent City Code is amended by adding a new Section 15.02.027 as follows: Sec 15 02 027 Automobile body repair. Automobile body repair includes those establishments primarily engaged in furnishine automotive vehicle body work and painting SECTION 8. Chapter 15.02 of the Kent City Code is amended by repealing Section 15.02.033 as follows: F 1' '+ F+'FFW .d- 1.' 1. ,700S + ,. ..1.. . 'til evelopment _+.....7.fEls and SECTION 9. Chapter 15.02 of the Kent City Code is amended by repealing Section 15.02.050 as follows: 4 WHEREAS, the recommendations proposed were to Chapter 15.02 - Definitions; Chapter 15.03 - Zoning Districts; Chapter 15.04 - District Regulations; Chapter 15.05 - Offstreet Parking and Loading Requirements; Chapter 15.06 - Sign Regulations; Chapter 15.07 - Landscape Regulations; Chapter 15.08 - General and Supplementary Provisions; and Chapter 15.09 - Administration; and WHEREAS, the proposed amendments were reviewed in work shops by the Land Use and Planning Board beginning in January; and WHEREAS,the Land Use and Planning Board conducted a public hearing on May 26, 1998, and recommended approval of the proposed changes to the zoning code; and WHEREAS, on June 2, 1998, the proposed zoning code amendments were reviewed by the City Council Committee of the Whole; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 15.02 of the Kent City Code is amended by adding a new Section 15.02.002 as follows: Sec 15 02 002 Applicability. The definitions contained in this chanter are those that are generally used throughout this title-, except for those definitions specified in Section 15 08 035 and Section 15 08 224(D) which are specific to those respective sections and chapter. "ec. 15.04.020. Residential Land Uses. Zoning Districts ------------------ Ley P=Principally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses _ _rn U N v a`3 c �3 E a a a A m S E ,Eo Se = ggz 4sz 5 R o gyGC1 QgII E E _ _ '6 ? U E N C K lr WCr Z. W W E N N d RU ` E O O E 'E L. �. d aci .y 25 U o U U ,�y e E a A a_y c U m m c LL ri> CL M LL Oc E °� _ £ 3 c 30 q�q�� W U 5 c 3 m 0 m $ c c c E E m r v � g' � � b. E 'vg� t a .4i E c 3 E E m c c W c 0 CD 2 = Z o o a U U m cg' c E ar U N U) W V5 U N 0z _ — U J U U N c� Q tQ m of X W of of Q N [h W r=n g z U 0 U U c7 O C7 One single-family dwelling per lot P P P P P P P P P PRA(1) A(1) Ail) All) Single family dwellings P P P One duplex per lot P Modular homes P P P P P P P P P P P Duplexes P P P P P P P P(4) P P P C(2) Multifamily dwellings (2) C(5) (3) Multifamily dwellings for senior citizens P(2) P P P(3) P(2) Mobile homes and manufactured homes P Aobile 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 P C C C C P Group homes class I-8 P P P P P P P P C C C C P Group homes class I-C C C P o P P P P C C C C P Group homes class II-A C C C 0 C C C C C C C C C Group homes class II-8 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 Rebuiltliaccessoryuscs 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(mts, P(7) P(7) Transitional housing Guest cottages and houses A A A A(6) 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(gl 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 Accessory dwelling units (10) (10) (10) (10) (10) (10) (10) (10) (10) (10) (10) (10) (10) Accessory living quarters (14) (14) (14) (14) (14) (14) (14 (14) (14) (14) (14) (14) (14) (14) (14) Home occupations It1) (11) (11) (11) it1) If1) (l1) If1) (11) (11) (11) Service buildings A Storage buildings and storage of recreational A vehicles Drive-in churches',"Rare facilibest Drive-in C C C C C C C C C C C C C C C C C C C C C(12) C C C C C C C churches,retirement homes,convalescent homes and other welfare facilities whether privately or publicly operated,facilities for rehabilitation or correction,etc. 21 Sec. 15.04.040 Manufacturing Land Uses. Zoning Districts Key P=Principally Permitted Uses m S=Special Uses ` ' m ° a E m C=Conditional Uses = E A=Accessory Uses m 0 ? `d y L' E rY c c c or -ffi _ 5 m E E E E d ` � E EE : R -E U.E 5 C c EE E ri utO. d E _ 'c ; o o m 0 U m R y c E E O Qor CDa dN' rn Cn O UU O Cn N Cn 05 U LILI N CD = c Cc7 O cl� M M K IX K S O C7 o CD Z U 7 CU7 c37 Manufacturing,processing,blending and P P P P P P ( P(2) C(1) packaging of food and beverage products Manufacturing,processing,blending and P P P P P P P(2) packaging of drugs,pharmaceuticals, C(I) toiletries and cosmetics. Manufacturing,processing,blending and P P P P P P P P(2) packaging of dairy products and byproducts. C(1) p C P P(2) Manufacturing,processing,etc.of textile C(1) products Manufacturing,processing,etc.of apparel, P C ( P(2) C(1) fabric,accessories&leather goods Manufacturing,processing,etc.of furniture P P(3) P(2) and fixtures Printing,publishing and allied industries P( P P P(3) C P P P ( P(2) C(1) Chemicals and related products mfg. P P P P P P P(2) C(4) C(4) C(4) C(1) p p C P P(5) Contractor shops and storage C(1) p P(2) Handcrafted products mfg. Computers,office machines and equipment P(6) P(3) P12) Mfg. Manufacturing and assembly of Electrical P(6j P(3) P P P P P(2) C(1) equipment.;Appliances,lighting,radio,TV communications,equipment and components Fabricated metal products mfg.;Containers, P P P P P C(1) P(2) hand tools;heating equipment,screw products,extrusion;coating;and plating P P P Manufacturing and assembly of Electronic and electrical devices;and automotive, aerospace,missile,airframe and similar products.- Hazardous substance land uses A(7) A(7) A(9) A(9) (10) (10) (10) (11)Nil1) (11) (10) (13) (15) (15) (15) (76) CA C(6) 12) (12) (12) (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 distnbuhon facilities P P P(20) (20) P P (21)t— Z3Miniwarehousessetf-storage P C P(23) Sec. 15.04.050. Manufacturing Land Use Development Conditions. A. The following uses require a conditional use permit: 1. Manufacture of such types of basic materials as follows: a. Gum and wood chemicals and fertilizers, and basic industrial organic and inorganic chemicals or products such as alkalies and chlorine, industrial and liquid petroleum, gases, cellophane, coal tar products, dyes and dye products, impregnated products, tanning compounds, and glue and gelatin. b. Hvdraulic cement, concrete, gypsum, lime, carbon, carbon black, graphite, coke, glass and similar products. 2. Manufacture of products such as the following: a. Ammunition, explosives, fireworks, matches, photographic film, missile propellants and similar combustibles. b. Rubber from natural, synthetic or reclaimed materials. C. Paving and roofing materials or other products from petroleum derivatives. 3. Refining of materials such as petroleum and petroleum products, metals and metal ores, sugar, and fats and oils. 4. Distilling of materials such as bone, coal, coal tar, coke, wood and other similar distillates. 5. Heavy metal processes, such as ore reduction or smelting, including blast furnaces, and including drop forging, drop hammering, boiler plate works and similar heavy metal operations: a. Asphalt batching plants. b. Concrete mixing and batching plants, including ready-mix concrete facilities. C. Rock crushing plants and aggregate dryers. d. Sandblasting plants. 25 one (1) of these uses shall be allowed per lot. C. Small scale light manufacturing operations as follows: stamping, brazing, testing, electronic assembly and kindred operations where the building, structure or total operation does not encompass more than ten thousand(10,000) square feet of area. The ten-thousand-square-foot total shall include all indoor and outdoor storage areas associated with the manufacturing operation. Only one (1) ten-thousand- square-foot manufacturing operation shall be permitted per lot. D. Conditional use for manufacturing of paint, but manufacturing of paint is permitted outright in the M-3 zone. E. Contractor shops where most of the work is done on call, and which do not rely on walk-in trade, but where some incidental storage or semi-manufacturing work is done on the premises, such as carpentry, heating, electrical or glass shops, printing, publishing, or lithographic shops, furniture, upholstery, dry cleaning and exterminators. F. Building, structure or total operation may not encompass more than ten thousand (10,000) square feet of area. The ten-thousand-square-foot total shall include all indoor and outdoor storage areas associated with the manufacturing operation. Only one (1) ten-thousand-square-foot manufacturing operation shall be permitted per lot. G. For permitted uses, hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of chapter 11.02 and do not accumulate more than twenty thousand (20,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. H. For permitted uses, accessory hazardous substance land uses which are not subject to cleanup permit requirements of chapter 11.02 and which accumulate more than twenty thousand (20.000) pounds of hazardous substances or wastes or any 27 period of time, subject to the provisions of section 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. M. For permitted uses,hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of chapter 11.02 and which do not accumulate more than twenty thousand(20,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. N. For permitted uses, accessory hazardous substance land uses, which are not subject to cleanup permit requirements of chapter 11.02 and which accumulate more than twenty thousand (20,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. O. For permitted uses, hazardous substance land uses, including onsite hazardous waste treatment or storage facilities,which are not subject to cleanup permit requirements of chapter 11.02 and which do not accumulate more than twenty thousand(20,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 15.08.050. Offsite hazardous waste treatment or storage facilities are not permitted in this district, except through a special use combining district. P. For permitted uses, accessory hazardous substance land uses which are not subject to cleanup permit requirements of chapter 11.02 and which accumulate more than twenty thousand (20,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 15.08.050. Offsite hazardous waste treatment or storage facilities are not permitted in this district, except through a special use combining district. 29 W. Miniwarehouses,provided that the following development standards shall apply for miniwarehouses, super-seding those set out in subsection 15.04.100(E): 1. Frontage use. The first one hundred fifty (150) feet of lot depth, measured from the property line or right-of-way inward from the street frontage, shall be reserved for principally permitted uses for this district, defined by the provisions of subsection 15.04.100(A)(1), or for the office or onsite manager's unit, signage, parking and access. A maximum of twenty-five (25) percent of the frontage may be used for access to the storage unit area, provided that in no case shall the access area exceed seventy-five (75) feet in width. No storage units or structures shall be permitted within this one hundred fifty (150) feet of commercial frontage depth. 2. Lot size. Minimum lot size is one (1) acre; maximum lot size is four (4) acres. 3. Site coverage. Site coverage shall be in accordance with the underlying zoning district requirements. 4. Setbacks. Setbacks shall be as follows: a. Front yard: Twenty (20) feet. b. Side yard: Ten (10) feet. C. Rear yard: Ten (10) feet. 5. Height limitation. The height limitation is one (1) story. 6. Outdoor storage. No outdoor storage is permitted. 7. Signs. The sign requirements of chapter 15.06 shall apply. 8. Offstreet parking. a. The offstreet parking requirements of chapter 15.05 shall apply. b. Offstreet parking may be located in required yards, except in areas required to be landscaped. 9. Development plan review. Development plan approval is required as provided in section 15.09.010. 10. Landscaping. Landscaping requirements are as follows: 31 C. The operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment. d. The establishment of a transfer and storage business. e. Any use that is noxious or offensive because of odor, dust, noise, fumes or vibration. f. Storage of hazardous or toxic materials and chemicals or explosive substances. 16. Fencing. No razor wire is allowed on top of fences. X. Prohibited are those manufacturing activities having potentially deleterious operational characteristics, such as initial processing of raw materials (forging, smeltering, refining and forming). Y. 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: 1. 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; 2. Personal services, including but not limited to, barber shops, beauty salons and dry cleaning; 3. Repair services, including but not limited to, television, radio, computer, jewelry and shoe repair; 4. Food-related shops, including but not limited to, restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; 5. Copy establishments; Sec. 15.04.060. Transportation,Public and Utilities Land Uses. Zoning Districts P=Principally Permitted Uses S=Special Uses e C=Conditional Uses ^ E o A=Accessory Uses "76 W s 2- N E CJ O a a a tm W J N N 3 N d ? A N N r Nr X N i � E E s 5 c? _ E E 2c -y b a R o o U c7 E _ �g a m m LL m m c 25 U U c c - g o rn m a ? U a� A? .ffi OIL Urm gg� L c c E E U m 'm c 3 m 4+ :o -!T E 3 3 E of a�i h ¢ S rn y ,� to �n 2 x z o p; O V V m cg' c' c' E aci N [!� �: t4 m O U x d U U O W N C7 `C c U J C7 U ¢ ¢ WW N W W W 2 M 2 2 M Z c.c 0 0 0 0 0 0 0 c.7 Commercial parking 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 the transmission of water,gas,steam, petroleum,etc. Public facilities.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 libraries and administrative offices of governmental agencies,primary and secondary schools,vocational schools and colleges. ...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 35 Sec. 15.04.070. Wholesale and Retail Land Uses. Zoning Districts Key P=Principally Permitted Uses25 R S=Special Uses m a C=Conditional Uses sUS ; o A=Accessory Uses N m Tv ?3 E a W J c c `an3 E o y m m m O m R 75 .RN xS H & 2 c'o ggg�� 'qa� agi w _m `� °c' _ E obi c tY a. rr K Z' 'H O�. U E E E E d > -6 m m E aci G a. a. 'E 2' :� �i� N N o U U m m E c d y U U 76 m m LL m O c o £ U U c c 'Z`5 'a o ¢ a m o' c m aci ur d� u_ LL d > yr p c c E E a rn in rn O f.7 x f Z o o 0 O U U c c c O C7 Q 4 N c� S °Q O C7 2 d U U O w N O U V �' S U U U U J U Q N Q Q N u�i r�i1 V�i `C Z U O O O U U O O M 2 M 2 2 O P P P Bakeries and Confectionaries P P Wholesale bakery P P P(1) P(1) Bulk retail C P Recycling centers Retail sales of lumber,tools and other P P P P C P building materials,including preassembled products Hardware,pant,the and wallpaper(retail) P P(11) P C P P P12) P P Faun equipment General merchandise:Dry goods,variety and P rill P C P P P(2 department stores(retail) Food and convenience stores(retail) P P P(11) P C P P PP P(2) Automobile,aircraft,motorcycle,boat and P P P P P recreational vehicles sales(retail) Automotive,aircraft,motorcycle and marine P P P(5) accessories(retail) Gasoline service stations S(6) S(6) S(6) S(6) S(6) S(6) S(6) S(6) S(6) C Apparel and accessories(retail) P P(11) P C P P P(2) Furniture,home furnishing(retail) P P(11) P C P P P(2) Eating and drinking establishments(no P P Fill) P P P P P P P P(5) P(2,3) drive-through) _ Eating and dunking establishments(with S(6) C(7( P S(6) P P(2.3) drive-Through) A A A A Eating facilities for employees Miscellaneous retail:Drugs, antiques,books, P P Fill) P C P P AB) P(2) sporting goods,jewelry,flonst,photo supplies,video rental,computer supplies, etc. Liquor store P P P(11) P C P P P P(2) Fan supplies,hay,grain,feed,fencing,etc. P C P P (retail) I P P(11) P C P Nurseries,green houses,garden supplies, tools,etc. P P Pet shops(retail and grooming) P P P P P(2) Computers and electronics(retal) Hotels and motels P(11) P C P LP 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(g) A A JA A A A A A A A A A A (10) A A I A A A A appurtenant to a permitted use 36 6. Professional services, including but not limited to, law offices and consulting services; and 7. 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. 34 a. Front yard: Twenty (20) feet, type III (earth berms). b. Side yard: Ten (10) feet, type II abutting commercial uses or districts; type I abutting residential uses or districts. C. Rear yard: Ten (10) feet, type II abutting commercial uses or districts; type I abutting residential uses or districts. For maintenance purposes, underground irrigation systems shall be provided for all landscaped areas. 11. Onsite manager. A resident manager shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of the approval. The planning department shall establish requirements for parking and loading areas sufficient to accommodate the needs of the resident manager and the customers of the facility. 12. Drive aisles. Drive aisle width and parking requirements are as follows: a. Fifteen-foot drive aisle and ten-foot parking aisle. b. Parking for manager's quarters and visitor parking. 13. Building lengths. The horizontal dimension of any structure facing the perimeter of the site shall be offset at intervals not to exceed one hundred (100) feet. The offset shall be no less than twenty(20) feet in the horizontal dimension, with a minimum depth of five (5) feet. 14. Building materials. If abutting a residential use or zone, residential design elements such as brick veneer, wood siding, pitched roofs with shingles, landscaping and fencing shall be used. No uncomplimentary building colors should be used when abutting a residential use or zone. 15. Prohibited uses. Use is restricted to dead storage only. The following are specifically prohibited: a. Auctions (other than tenant lien sales), commercial, wholesale or retail sales, or garage sales. b. The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment. Q. For permitted uses, accessory hazardous substance land uses which are not subject to cleanup permit requirements of chapter 11.02 and which accumulate more than twenty thousand (20,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 15.08.050. Offsite hazardous waste treatment or storage facilities are not permitted in this district, except through a special use combining district. R. For permitted uses,hazardous substance land uses, including ofsite hazardous waste treatment or storage facilities,which are not subject to cleanup permit requirements of chapter 11.02 and which do not accumulate more than twenty thousand (20,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 15.08.050, except offsite hazardous waste treatment or storage facilities, which require a conditional use permit in this district. S. For permitted uses, accessory hazardous substance land uses which are not subject to cleanup permit requirements of chapter 1.1.02 and which accumulate more than twenty thousand (20,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 15.08.050, except offsite hazardous waste treatment or storage facilities, which require a conditional use permit in this district. 1. Offsite hazardous waste treatment or storage facilities, subject to the provisions of section 15.08.050. 2. Any hazardous substance land use that is not an accessory use to a principally permitted use. T. Warehousing and distribution facilities and the storage of goods or products, except for those goods or products specifically described as perntted to be stored only as conditional uses in the M3 district. U. Conditional use for car loading and distribution facilities, and rail-truck transfer stations. V. All sales, storage and display occur within enclosed buildings. 30 combination thereof at any one (1) time on the site, subject to the provisions of section 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. I. For permitted uses,hazardous substance land uses, including onsite hazardous waste treatment or storage facilities,which are not subject to cleanup permit requirements of chapter 11.02 and which do not accumulate more than five thousand (5,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. J. For permitted uses,hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of chapter 11.02 and which do not accumulate more than five thousand (5,000) pounds of hazardous substances or wastes or any combination thereof at any one I (1) time on the site, subject to the provisions of section 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. K. For permitted uses,hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of chapter 11.02 and which do not accumulate more than ten thousand (10,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 15.08.050, except offsite hazardous waste treatment or storage facilities. which are not permitted in this district. L. For permitted uses, accessory hazardous substance land uses which are not subject to cleanup requirements of chapter 11.02 and which accumulate more than ten thousand (10,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site or which handle more than twenty thousand (20,000) pounds of hazardous substances and wastes on the site in any thirty-day 28 6. Animal and food processing, including the following and similar operations: a. Tanning, dressing and finishing of hides, skins and furs. b. Meat and seafood products, curing, canning, rendering and slaughtering. C. Nitrating of cotton and other materials. d. Rendering of animal grease or tallow, fish oil and similar materials. e. Slaughtering, stockyard, feedlot, dairy and similar operations. f. Pickling and brine curing processes. g. Wholesale produce markets. 7. Salvage, wrecking and disposal activities, including the following and similar operations: a. Automobile and building wrecking and salvage. b. Salvage of industrial waste materials such as metal, paper, glass, rags and similar materials. C. Sewage disposal and treatment plants. d. Dump and sump operations for such uses as rubbish, garbage, trash and other liquid and solid wastes. 8. Storage of the following kinds of goods: a. Bulk storage of oil, gas, petroleum, butane, propane, liquid petroleum gas and similar products, and bulk stations and plants. b. Used building materials, mover's equipment, relocated buildings, impounded vehicles and similar materials. C. Explosives or fireworks, except where incidental to a principally permitted use. d. Fertilizer or manure. B. Small scale, light industrial or manufacturing operations where the building, structure or total operation does not encompass more than ten thousand (10,000) square feet of area. The ten thousand (10,000) square feet total shall include all indoor and outdoor storage areas associated with the manufacturing operation. Only 26 P Manufacturing of Soaps,detergents,and other basic cleaning and cleansing TT ----- preparations P Manufacturing of Plastics and synthetic resins P Manufacturing of Synthetic and natural fiber and cloth P Manufacturing of Plywood,composition wallboard,and similar structural wood products P Manufacturing of Nonmetallic mineral products such as abrasives,asbestos,chalk, pumice and putty P Manufacturing of Heat resisting or structural clay products(brick,file,or pipe)or porcelain products P Manufacturing of Machinery and heavy machine tool equipment for general industry and mining,agricultural,construction or service industries P P p p P P(2) Manufacturing,processing,assembling,and (24) C(t) packaging of articles,products,or merchandise made from previously prepared natural or synthetic materials P P p Manufacturing,processing,treating, assembling and packaging of articles, products,or merchandise from previously prepared ferrous,nonferrous or alloyed metals. P P P Manufacturing,processing,assembling,and packaging of precision components and products such as radio and television equipment,and home appliances. P P Complexes which include a combination of uses,including a mixture of office,storage, and light manufacturing uses. 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 24 Sec. 15.04.030. Residential Land Use Development Conditions. A. Dwelling units, limited to not more than one (1)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. B. Multifamily residential use shall be permitted only in the mixed-use overlay when included within a mixed use development. C. Multifamily residential use shall be permitted only in the mixed-use overlay. D. Multifamily residential uses, when established in buildings with commercial or office uses, and not located on the ground floor. E. Multifamily residential uses, when not combined with commercial or office uses. F. 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. G. Transitional housing facilities, limited to a maximum of twenty(20)residents at any one (1)time and four (4) resident staff. H. Guesthouses not rented or otherwise conducted as a business. I. Farm dwellings appurtenant to a principal agricultural use for the housing of farm owners, operators or employees, but not accommodations for transient labor. J. 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. K. Customary incidental home occupations subject to the provisions of section 15.08.040. L. Except for transitional housing with a maximum of twenty (20)residents and four (4) staff. M. Subject to the combining district requirements of the Mobile Home Park Code, KCC 12.05. N. Accessory living quarters are allowed per the provisions of Section 15.08.359. Sec. 15.04.080. Wholesale and Retail Land Use Development Conditions. A. Bulk retail uses which provide goods for regional retail and wholesale markets; provided that each use occupy no less than forty-three thousand five hundred sixty (43,560) square feet of gross floor area. B. All sales, storage and display occur within enclosed buildings. C. Provided that any restaurant with drive-in or drive-through facilities shall be located a minimum of one thousand (1,000) feet from any other drive-in restaurant use. D. Convenience and deli marts are limited to a maximum gross floor area of three thousand (3,000) square feet. E. 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. (See subsection 15.04.180 D.3.) F. Special uses must conform to the development standards listed in section 15.08.020. G. Drive-through restaurants, only if located in a building having at least two (2) stories. H. Accessory uses are only allowed in cases where development plans demonstrate a relationship between these uses and the principal uses of the property: I. 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. J. 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 operation's. K. 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: 37 Sec. 15.04,090. Service Land Uses. Zoning Districts Key P=Principally Permitted Uses 76 S=Special Uses C=Condittonal Uses s d a o j z � A=Accessory Uses o, U N E c c a a a a a 3 W r E 12 75 N or y a. 2 a ra m > > m A m y c > rY W E � 2 �d 5V� E E E E :? :R aL�i S U�'e A F .E .E LL E 'E w o "£ E 25 U U c c tO '` E Le Le �c LL ti ,g1 ti ti S $ .�' c 30 3o U` d U m @ c g m g'a g'a 3r o L °� r c c E E c c U� 2 W E c q3 U U c > > CD d S d o v — E y Q Q N n CQ ao (7 S a. U U O W N U O c () J U U d' � 0_' K = U U U U J f U C7 Q ¢ to " WX N W c E 2 U O O U U C7 O Finance,insurance,real estate services P P(1,I P I P P P P P P I P(2) I P(3) 12) Personal services:Laundry;dry cleaning; P P P(12) P I P P C P P P(2) P(3) barber,salons:shoe repair.launderettes Mortuaries (12) P P C P(3) Home day care P P P P P P P P P P P P P P P P P P P P P P P 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) pdnbng,travel agencies and employment agencies Building maintenance and pest control P P P P P P(2) /arehousing and storage services P P P -Tt (excluding stockyards)) Rental and leasing services for cars,trucks, PRP P P P P(2) trailers,furniture and tools Auto repair and washing services C PP P C P GS) Repair services:Watch,TV;electrical; P P(12) P P P P P(2) P(3) electronic;upholstery Professional services:Medical;clinics and 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: vocational;trade;art: P P P P P P P P(2) P(3) music:dancing:barber and beauty Churches S(4) P IS(4)IS(4)IS(4) S(4) S(4) S(4) S(4) P S(4) S(4) S(4) S(4) S(4) S(4) S(4) Administrative and professional offices- P P(12) P P P P P P P P P(2) general Municipal uses and buildings ° P P P P P P P P(2) P P Research,development and testing P P P P P P P Planned Development Retail Sales C(6) 1 I Accessory uses and buildings customarily A A(7) 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 Boarding kennels and breeding C C C establishments Veterinary clinics and veterinary hospitals C P(B) P(9) P(10) C P(11) AdmrYstradve air executive affices which are parlof P P P P a predom min industrial operation. Offices incidental and necessary to the A A A conduct of a principally permitted use 3q 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. K. Veterinary clinics and animal hospital services when located no less than one hundred fifty (150) feet from any residential use, provided the animals are housed indoors and the building is soundproofed. L. 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: 1. 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; 2. Personal services, including but not limited to, barber shops, beauty salons and dry cleaning; 3. Repair services, including but not limited to, television, radio, computer, jewelry and shoe repair; 4. Food-related shops, including but not limited to, restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; 5. Copy establishments; 6. Professional services, including but not limited to, law offices and consulting services; and 7. 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. 41 Sec. 15.04.120. Cultural, Entertainment and Recreation Land Use Development Conditions. A. All sales, storage and display occur within enclosed buildings. B. 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. C. 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: 1. Retail establishments, including but not limited to, convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, tov shops, cards and paper goods, home and home accessory shops, florists, antique shops and book shops; 2. Personal services, including but not limited to, barber shops, beauty salons and dry cleaning; 3. Repair services, including but not limited to, television, radio, computer, jewelry and shoe repair; 4. Food-related shops, including but not limited to, restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; 5. Copy establishments; 6. Professional services, including but not limited to, law offices and consulting services; and 43 Sec. 15.04.130. Resource Land Uses. Zoning Districts Key P=Principally Permitted Uses S=Special Uses C=Condificnal Uses a E A=Accessory Uses a = -M E m c c V c c N _� ?_ E o c N MD c� FjN 3 y y N y ul Z' - c N > > iO m y d d d d o m d E E = U d m 2' .N a U E E E E `° m y 5 E a E E m 'E 'E p 'H E U o U ci ,�—� E a ? 5 m is c ri LL m tL ti �c E aci = 'E 2 c 3 3 a`� `w U ¢ a m v c m .2 d d d d n P E $ o c c E E R b a v y v _cc_ m �i o o m w H c m N y N F O C7 2 2a. Z U 0 Oo a U N aci u a a E aci U c c U' N t7 < tG !D C S U U U U U O Q N (7 Q ¢ m Cn m fn 2 2 Z U o 0 o U U U' O M2 2 E 2 U' Agricultural uses P P P P P P Crop and tree fanning P P P P P P P P P P P C P Storage,manufacturing,processing and P conversion of agricultural products(not including slaughtering or meal packing) Accessory uses and buildings customarily 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 permitted use Roadside stands A(3) A(3) A(3) A(2) 45 6. Any use which does not lend itself to an interpretation of substantial similarity to other uses identified or described in this title. 7. Uses which, in the judgment of the planning director, warrant review by the planning commission and the city council. 8. Examples of uses subject to review as described in this subsection would include but are not limited to the following: a. Commercial uses: sports stadiums, rodeos, fairgrounds, exhibition or convention halls, merchandise marts and drive-in theaters. b. Special environmental problems posed by: refineries.nuclear power generating plants, airports, heliports, sanitary landfills, extractive industries, solid waste incinerators or energy/resource recovery facilities. C. Hazardous wastes: offsite hazardous waste treatment or storage facilities in M1 and M2 districts only, subject to the provisions of section 15.08.050. B. Application procedures. The application procedure for a special use combining district shall be the same as for an amendment to this title as provided in section 15.09.050, except that development plan approval is concurrent with the combining district. C. Documentation required. Required documentation is as follows: 1. A vicinity map drawn to a scale not smaller than one thousand(1,000) feet to the inch showing the site in relation to its surrounding area, including streets, roads, streams or other bodies of water, the development characteristics and zoning pattern of the area, and a scale and north arrow. The vicinity map may be in sketch form but shall be drawn with sufficient accuracy to reasonably orient the reader to the vicinity, and to adequately convey the required information. 47 (3) Basic content of restrictive covenants, if any. (4) Provisions to ensure permanence and maintenance of open space through means acceptable to the city. (5) Statement or tabulation of number of persons to be employed, served or housed in the proposed development. (6) Statement describing the relationship of the proposed development to the city comprehensive plan. (7) Statement indicating availability of existing or proposed sanitary sewers. 3. Such other data or information as the planning department may require. D. Development standards. In reviewing and approving proposed developments falling under the purview of this section, the hearing examiner and city council shall make the following findings: 1. That the location for the proposed use is reasonable. 2. 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. 49 Sec. 15.04.170. Agricultural and Residential Zone Development Standards. ZoningDistricts m m v N r 4 N V {p a' � N C1 6 m io :Q E E C ,� H V N of N U v 4 mW Ix a a a. E a d a a M M Li M M a o u- E m x 8 3 c ti pmf rn ,01' ti d a ' d or rn � N tN ,� a �•, q C9 R o c? x a x x x SF Dupexj SF IDuplax MF SF jD,pexj MF SF Duplexi MF Maximum density: 1 Was 1 dulac 2.18 3.63 4.53 &05 8.71 8.71 8.71 16 8.71 23 40 dwelling units per acre duslac dusac duslac duslac duslac duslac duslac duslac duslac duslac duslac Minimum lot area:square 34,700 1 as 34,700 16,000 9,600 7,600 5,700 4.000 4,000 8.000 4,000 8,000 8,500/ 4,000 8.000 8,500/ 4,000 8,000 8,5001 feet or acres,as noted sq ft sq ft soft sq ft sq ft sq ft sq ft sq ft sq ft sq ft sq ft 2,500 soft sq It 1,600 sq ft sq ft 900 sq Sol ft. sq ft ft(3) (1) (2) Minimum lot width:feet 60 ft 60 ft 50 it 50 ft 50 ft 50 ft 40 ft 40 R 80 ft 40 ft 80 ft 80 ft 40 ft 80 ft 80 ft 40 it 80 ft 80 ft (4) Maximum site coverage: 30% 50% 300% 30% 45% 45% 1 50% 11) 55% 40% 55% 40% 45% 55% 40% 45% 55% 40% 50% percent of site (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) Minimum yard (27) requirements:feet Front yard 20ft 30it 20ft 10ft 10R 10ft 10ft 10ft loft loft 10ft 10ft 20it 10ft 10111 20It 10ft loft 20R (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) (8) (8) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) Side yard 15 it (10) 15ft 5ft 5ft 5ft 5ft 5ft 5ft 5ft 5ft 5ft (11) 5ft 5ft (11) 5ft 5ft (11) Side yard on flanking 20it 20It 10ft 10ft 10ft 10ft 10ft 10ft 10ft loft 10ft 15R 10ft loft 15 It loft 10191 15 it street of a comer lot (9) (9) (9) (9) (9) (9) (9) (9) (9) Rear yard 20It 15 ft 5ft 5ft 5ft 5ft 5ft 5ft 8ft 5ft 8ft 20ft 5ft 8ft 20R 5ft 8ft 20ft Additional (12) (13) (12) (14) (14) (14) setbacks/distances (15) (15) (15) between buildings Height limitation:in 2.5 2 stry/ 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 3 stry/ 2.5 2.5 3 stry/ 2.5 2.5 4 stryl stories/not to exceed in stry/35 35 ft stry/35 sby/35 stryl35 try/35 stryl 35 stry/30 stryl 30 stry135 stry/30 stry/35 a0 ft stryl 30 stryl 35 40 ft stry/30 stry135 50 ft feet ft (17) R ft ft ft ft ft ft ft ft ft ft R it ft (16) (18) Maximum impervious 40% 40% 40% 50% 60% 70% 75% 75% 706% 75% 70% 75% 70% 75% 70% surface:percent of total (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) (1% parcel area Zero lot line and The provisions in Sections 15.08.300,310,320,and 330 shall apply. clustering Signs The sign regulations of Chapter 15.06 shall apply. Offstreet parking The off-street parking requirements of Chapter 15.05 shall apply. Landscaping The landscaping requirements of Chapter 15.07 shall apply. Multi-family Transition (25) 1 (25) (25) Area Multi-family design (26) (26) (26) review Additional standards Additional standards for specific uses are contained in Chapter 15.08. 51 be a minimum of twenty (20) feet from the property line. K. Each side yard shall be a minimum of ten (10) percent of the lot width; however, regardless of lot width, the yard width need not be more than thirty (30) feet. L. Structures for feeding, housing and care of animals, except household pets, shall be set back fifty (50) feet from any property line. M. Additional setbacks for the Agriculture General AG zoning district. 1. Structures for feeding, housing and care of animals shall be set back fifty (50) feet from any property line. 2. Transitional conditions shall exist when an AG district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, railroad main line, major topographic differential or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than fifty (50) feet shall provided. 3. Setbacks, Green River. Industrial development in the AG district abutting the Green River, or Russell Road or Frager Road where such roads follow the river bank, shall be set back from the ordinary high-water mark of the river a minimum of two hundred (200) feet. Such setbacks are in accordance with the city comprehensive plan and in accordance with the high quality of site development typically required for the industrial park areas of the city and in accordance with the state Shoreline Management Act of 1971, and shall be no more restrictive than, but as restrictive as, the Shoreline Management Act. N. An inner court providing access to a double-row building shall be a minimum of twenty (20) feet. O. The distance between principal buildings shall be at least one-half the sum of the 53 height of both buildings; provided, however, that in no case shall the distance be less than twelve (12) feet. This requirement shall also apply to portions of the same building separated from each other by a court or other open space. P. The height limitations shall not apply to barns and silos provided that they are not located within fifty (50) feet of any lot line. Q. Beyond this height, to a height not greater than either four(4) stories or sixty (60) feet,there shall be added one (1) additional foot of yard for each additional foot of building height. R. The planning director shall be authorized to approve a height greater than four(4) stories or sixty (60) feet, provided such height does not detract from the continuity of the area. When a request is made to exceed the building height limit, the planning director may impose such conditions, within a reasonable amount of time, as may be necessary to reduce any incompatibilities with surrounding uses. S. Except for lots used for agricultural practices, the maximum impervious surface area allowed shall be ten thousand(10,000) square feet when the lot is greater than one (1) acre. T. Additional standards for the Agricultural A-1 zoning district. 1. See chapter 15.08, pertaining to general and supplementary provisions, for requirements concerning accessory buildings and additional standards. 2. The following uses are prohibited: a. The removal of topsoil for any purpose. b. Grade and fill operations, provided that limited grade and fill may be approved as needed to construct buildings or structures as outlined in subsections 15.04.005 A., B., C. and D. C. All subsurface activities, including excavation for underground utilities, pipelines or other underground installations, that cause permanent disruption of the surface of the land. Temporarily disrupted soil surfaces shall be restored in a manner consistent with agricultural uses. 54 Sec. 15.04.180. Development Standard Conditions. A. Minimum lot area is eight thousand five hundred (8,500) square feet for the first two (2) dwelling units, and two thousand five hundred(2,500) square feet for each additional dwelling unit. B. Minimum lot area is eight thousand five hundred (8,500) square feet for the first two (2) dwelling units, and one thousand six hundred (1,600) square feet for each additional dwelling unit. C. Minimum lot area is eight thousand five hundred (8,500) square feet for the first two (2) dwelling units, and nine hundred (900) square feet for each additional dwelling unit. D. To determine minimum lot width for irregular lots, a circle of applicable diameter (the minimum lot width permitted) shall be scaled within the proposed boundaries of the lot, provided that an access easement to another lot is not included within the circle. E. Interior yards shall not be computed as part of the site coverage. F. Porches and private shared courtyard features may be built within the front building set back line. G. For properties abutting on West Valley Highway, the frontage on West Valley Highway shall be considered the front yard. H. Proposed front yards less than twenty (20) feet in depth are subject to approval by the planning director, based on review and recommendation from the public works department relative to the existing and future traffic volumes and right-of-way requirements as specified in the city comprehensive transportation plan and city i construction standards. I. At least twenty (20) linear feet of driveway shall be provided between any garage, carport or other primary parking area and the street property line with the exception of an alley property line. J. An aggregate side yard of thirty (30)feet shall be provided. A minimum of ten (10) feet shall be provided for each side yard. On a corner lot the side yard setback shall 52 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. 2. 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. See. 15.04.160. Development Standards. 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. I i 50 2. A map or drawing of the site drawn to a scale acceptable to the planning department, generally one hundred (100) feet to the inch. The map or drawing shall show the following information: a. Dimensions and names of streets bounding or touching the site. b. Such existing or proposed features as streams or other bodies of i water, rights-of-way, easements and other physical or legal features which may affect or be affected by the proposed development. C. Existing and proposed topography at contour intervals of not more lthan five (5) feet in areas having slopes exceeding three(3) percent. and not more than two (2) feet in areas having slopes of less than three (3) percent. d. Accurate legal description of the property. e. Existing and proposed structures or buildings, including the identification of types and proposed use of the structures. All uses I must be compatible with the major use. f. Offstreet parking and loading facilities. g. Dimensions of the site, distances from property lines and space between structures. h. Tentative routing of domestic water lines, storm drains, sanitary sewers and other utilities. including an identification of planned disposal or runoff. i. Elevations, perspective renderings or such other graphic material or evidence to illustrate effect on the view enjoyed by and from other properties in the vicinity, if required by the planning department. i j. Architectural renderings of buildings. k. A written statement providing the following information: (1) Program for development, including staging or timing. (2) Proposed ownership pattern upon completion of development. I 48 Sec. 15.04.140. Resource land use development conditions. A. 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. B. Roadside stand not exceeding four hundred (400) square feet in floor area exclusively for agricultural products grown on the premises. C. Roadside stands not exceeding four-hundred(400) square feet in floor area, and not over twenty (20) lineal feet on any side, primarily for sale of agricultural products on the premise. Sec. 15.04.150. Special use combining district, SU. 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 iunique 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 for speculative rezoning. A. Uses subject to special use combining district regulations. The following list is illustrative of the types of uses subject to special use combining district regulations and is not intended to be exclusive: 1. Uses which occupy or would occupy large areas of land. 2. Uses which would involve the construction of buildings or other structures of unusual height or mass. 3. Uses which house, employ or serve large numbers of people. 4. Uses which generate heavy traffic. 5. Uses which have unusual impact on environmental quality of the area. 46 7. 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. 44 Sec. 15.04.110. Cultural,Entertainment and Recreation Land Uses. Zoning Districts Ley 6 P=Principally Permitted Uses S=Special Uses E C=Conditional Uses 12 E y A=Accessory Uses 2 m 0 C T , m v E �_ a w c d R T E c �p m m m 9 aci .8 aci aci > > m U i 'j O m > > m ` d E E c c ? U E U E E E E M M d S '� -.SE vi O O U ca .5O a� ¢ a. �. ... m d .y E U o U U m m E a m d > > U C7 'E 'E rw E 'E O p c o f U c c 'E .E o ¢ a. m o c A m m m m y = L' c 3 3 m o U c m m 'E LL u; d ur Ur x CM 2 O � E E � E W m m m m n v o L a L E 3 c E E m a a`� m ¢ ¢ N N N Cnn O Um g 2 `2o Z o o U m a v E aci C7 U w 0 O Ei c U l U U q C7 2 _ ¢ CD¢ W cc can N can din � � � � � Z U 0 O P P(3) P P P P P P(l) Art galleneslstudios P P Hstoric and monument sites v P(3) P P P P P P(2) C Public assembly(indoor):sports facilities; arenas;auditoriums and exhibition halls, bowling alleys,skating rinks,community clubs;athletic clubs;recreation centers; theaters(excluding school facilities) P P Public assembly(outdoor):Fairgrounds and amusement parks;tennis courts;athletic fields;miniature golf;go-cart tracks;drive-in theaters;etc. -T --------------- Open space use:Cemeteries,parks, C C C C C C C C C C C C C C C PC) C C C C C C C C C C C C playgrounds,golf courses and other recreation facilities,including buildings or structures associated therewith. A A A A Employee recreation areas Private clubs,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 C C C C C P Recreational vehicle parks 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 42 Sec. 15.04.100. Service Land Use Development Conditions. A. Banks and financial institutions (excluding drive-through). B. 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. C. All sales, storage and display occur within enclosed buildings. D. Special uses must conform to the development standards listed in section 15.08.020. E. Excluding auto body repair. F. Retail sales are permitted as part of a planned development where at least fifty(50) percent of the total development is for office use. Drive-in restaurants, service stations, drive-in cleaning establishments and other similar retail establishments are not permitted. G. 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. H. Veterinary clinics 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. I. 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. J. Veterinary clinics when located no closer than one hundred fifty (150) feet to any 40 I 1. Retail establishments, including but not limited to, convenience good., 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; 2. Personal services, including but not limited to, barber shops, beauty salons and dry cleaning; 3. Repair services, including but not limited to, television, radio, computer, jewelry and shoe repair; 4. Food-related shops, including but not limited to, restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; 5. Copy establishments; 6. Professional services, including but not limited to, law offices and consulting services; and 7. 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. 38 d. Dumping or storage of nonagricultural solid or liquid waste, or of trash, rubbish or noxious materials. e. Activities that violate sound agricultural soil and water conservation management practices. U. Additional standards for the Agricultural Resource AG zoning district. 1. Outdoor storage (industrial uses). Outdoor storage shall be at the rear of a principally permitted structure and shall be completely fenced. 2. The following uses are prohibited: a. The removal of topsoil for any purpose. b. Grade and fill operations, provided that limited grade and fill may be approved as needed to construct buildings or structures as outlined in subsections 15.04.015 A., B. and C. C. All subsurface activities, including excavation for underground utilities, pipelines or other underground installations, that cause permanent disruption of the surface of the land. Temporarily disrupted soil surfaces shall be restored in a manner consistent with agricultural uses. d. Dumping or storage of nonagricultural solid or liquid waste, or of trash, rubbish or noxious materials. e. Activities that violate sound agricultural soil and water conservation management practices. V. See chapter 15.08, pertaining to general and supplementary provisions, for requirements concerning accessory buildings and additional standards. X. See chapter 15.08, pertaining to general and supplementary provisions, for requirements concerning accessory buildings and additional standards; provided that solar access setback requirements of sections 15.08.230 through 15.08.234 shall not apply to the SR-8 zone. Y. Minimum lot width, building setbacks, and minimum lot size regulations may be modified consistent with provisions for zero lot line and clustering housing 55 Sec. 15.04.190. Commercial and Industrial Zone Development Standards. Zofiling Districts U j EN E L UN U C E C C N -16 co y E E u U -ffi E U E E E E g M W 5 E $o rj o U U m m ECc v+ m a > > U o E E U m m H c m a3i t E wc c3 E E U z U mUac Y S 5 a:_wE a`acJ�i U`m N z U O O O U U U M C7 Minimum lot area:square feet or acres,as 10,000 10,000Fsqft 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 ft sq ft sq fl sq tt sq fl sq ft sq R sqft sqft sqfl sqtt sqft Maximum site coverage:percent of site 40% 40% 100% 75% 50% 50% 40% 30% 50% 60% 60% 65% 75% 40% Minimum yard requirements:feetFront yard 15 R 15ft (4) (4) 15 It 15 ft 20 ft 25 R 30(5)R (6) (6) (7) (8) 15 ft Side yard (9) (10) (31 (4) (4) (11) (11) til) (1 1) (121 (13) (13) (14) (15) 5hV1)6) Side yard on flanking street of comer lot (18) (16) (18) (19) 15 ft Rear yard 20 ft 20 ft (3) (4) (4) (20) F35 (201(2) (20)(2) (21) (21) (22) (22) 5ft (2) (23) Yards,transitional conditions (24) (25) (26) Additional setbacks (27) (30) (28) (29) Height limitation:in stones/not to exceed in 2 stryl 3 stryl 4 stryl (33) (33) 2 stryl 2 stryl 3 stryl 2 stryl 2 stryl 2 stryl 2 stryl 2 stryl 3 stryl feet 35 ft 40 ft 60 ft 35 ft 35 ft 40 ft 35 ft 35 ft 35 ft 35 ft 35 tt 40 ft (2)(31) (32) (31) (31) (2)(31) (2) (34) (36) (36) (37) (38) (39) (35) Landscaping The landscaping requirements of Chapter 15.07 shall apply. Outdoor storage ao) (ao) (41) (41) all 43) (da) as) (46) 42) azl Signs The sign regulations of Chapter 15 06 shall apply. Vehicle drive-through,drive-in and service (a7) bays Loading areas (4 491) (48) (48) St) (49) (50) 52) Offstreet parking The off-street parking requirements of Chapter 15.05 shall apply. 57 A. The following height modifications shall apply: 1. Five-foot increases for developments containing residential uses, provided that twenty-five (25) percent of gross floor area is in residential use. 2. Five-foot increases for parking under the building. 3. Five-foot increases for using a pitched roof form. 4. Five-foot increase for stepping back from the top floor (minimum of five feet). B. The first three hundred(300) square feet of retail or office space that is a part of an individual residential unit is exempt. C. The following parking requirements shall apply: 1. 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. 2. One-bedroom: 1.5/du without commercial uses; 1.0/du with commercial uses, provided that twenty-five (25) percent of overall gross floor area is in commercial uses. 3. Two-bedroom: 2.0/du without commercial uses; 1.25/du with commercial uses, provided that twenty-five (25) percent of overall gross floor area is in commercial uses. Sec. 15.04.210. Development Standard Conditions. A. Minimum lot of record or five thousand (5,000) square feet, whichever is less. B. None, except as required by landscaping, or if off-street parking is provided on site. See the downtown design review criteria outlined in section 15.09.048. C. No minimum setback is required. If a rear and/or side yard abuts a residential district, a twenty-foot rear and/or side yard setback may be required. See the downtown design review criteria outlined in section 15.09.048. D. For properties abutting on West Valley Highway, the frontage on West Valley Highway shall be considered the front yard. E. The minimum front yard setback shall be related to the classification of the adjacent 59 M. The side yards shall have an aggregate width of ten (10) percent of the lot width, but the aggregate width need not be more than thirty (30) feet. There shall be a minimum of ten(10) feet on each side. N. The side yards shall have an aggregate width of ten (10) percent of the lot width, but the aggregate width need not be more than twenty-five (25) feet. There shall be a minimum of ten (10) feet on each side. O. A side yard of at least five(5) feet in depth shall be provided along the side property lines, except no side yard shall be required between adjacent properties where a common, shared driveway with a perpetual cross-access easement is provided to serve the adjoining properties. P. Where a side yard abuts a residential district, a side yard of at least twenty (20) feet shall be provided. Q. The minimum side yard on the flanking street of a corner lot shall be related to the classification of the adjacent street. This classification shall be determined by the city transportation engineer. The setbacks are as follows: 1. Properties fronting on arterial and collector streets shall have a minimum setback of forty (40) feet. 2. Properties fronting on local access streets shall have a minimum setback of thirty (30) feet. R. The side yard on the flanking street of a corner lot shall be at least ten(10) percent of the lot width, unless the ten (10) percent figure would result in a side yard of greater than twenty (20) feet, in which case the side yard need not be more than twenty (20) feet. S. No rear yard is required, except abutting a residential district, and then the rear yard shall be twenty (20) feet minimum. T. No rear yard is required, except as may be required by other setback provisions of this section. U. No rear yard is required, except as may be required by transitional conditions. 61 Z. Structures for feeding, housing and care of animals shall be set back fifty (50) feet from any property line. AA. Transitional conditions shall exist when an MA district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, railroad main line, major topographic differential or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than fifty (50) feet shall be provided. BB. Industrial development in the MA district abutting the Green River, or Russell Road or Frager Road where such roads follow the river bank, shall be set back from the ordinary high-water mark of the river a minimum of two hundred (200) feet. Such setbacks are in accordance with the city comprehensive plan and are in accordance with the high quality of site development required for the industrial parks area of the city, which MA areas are designated to become in the city comprehensive plan, and are in accordance with the state Shoreline Management Act of 1971, and shall be no more restrictive than, but as restrictive as, the Shoreline Management Act. CC. Development in the MI district abutting the Green River, or Russell Road or Frager Road where such roads follow the river bank, shall be set back from the ordinary high-water mark of the river a minimum of two hundred (200) feet. Such setbacks are in accordance with the state Shoreline Management Act of 1971, and shall be no more restrictive than, but as restrictive as, the Shoreline Management Act. DD. The planning director shall be authorized to grant one (1) additional story in height, if during development plan review it is found that this additional story would not detract from the continuity of the area. More than one (1) additional story may be granted by the planning commission. EE. The downtown design review requirements of section 15.09.048 shall apply. 63 story, provided such height does not detract from the continuity of the industrial area, and may impose such conditions as may be necessary to reduce any incompatibility with surrounding uses. Any additional height increases may be granted by the planning commission. LL. The height limitation is three (3) stories or forty (40) feet. An additional story or building height may be added, up to a maximum of five (5) stories or sixty (60) feet, with one (1) additional foot of building setback for every additional foot of building height over forty (40) feet. MM. Outdoor storage areas are prohibited. NN. Outdoor storage areas shall be fenced for security and public safety by a sight- obscuring fence unless it is determined through the development plan review that a sight-obscuring fence is not necessary. 00. Any unfenced outdoor storage areas shall be paved with asphaltic concrete, cement or equivalent material to be approved by the city engineer. PP. Outdoor storage (for industrial uses) shall be at the rear of a principally permitted structure and shall be completely fenced. QQ. Outside storage or operations yards in the M1 zone shall be permitted only as accessory uses. Such uses are incidental and subordinate to the principal use of the property or structure. Outside storage or operations yards shall be confined to the area to the rear of the principal building or the rear two-thirds of the property and reasonably screened from view from any property line by appropriate walls, fencing, earth mounds or landscaping. Outside storage exceeding a height of fifteen (15) feet shall be so placed on the property as to not detract from the reasonably accepted appearance of the district. RR. Outside storage or operations yards shall be confined to the area to the rear of a line which is an extension of the front wall of the principal building, and shall be reasonably screened from view from any street by appropriate walls, fencing, earth mounds or landscaping. 65 Sec. 15.05.010. Purpose. A. It is the purpose of this chapter to specify the offstreet 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 modify 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 flexibility 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 employees and patrons; 4. Phvsical circumstances of the site such as topographv, lot size/shape. and environmentally sensitive areas. SECTION 40. Chapter 15.05 of the Kent City Code is amended by repealing Section 15.05.040 in its entirety and adding a new Section 15.05.040 as follows: Sec. 15.05.040. Parking standards for specific activities. A. Standards for the number of parking spaces for specific activities are indicated in the following chart: SPECIFIC LAND USE PARKING SPACE REQUIREMENT Living activities Single-family Two (2) parking spaces per single-family welling. Duplex Two (2) parking spaces per dwelling unit. Multifamily' One (1) parking 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 developments of fifty (50) or more dwelling units. For developments of 67 Restaurants, nightclubs, taverns and One (1) parking space for each one hundred (100) lounges square feet of gross floor area, except when part f a shopping center. Retail stores, supermarkets, One (1)parking space for each two hundred (200) epartment stores and personal square feet of gross floor area, except when service shops located in a shopping center. Other retail establishments; One (1)parking space for each five hundred (500) furniture, appliance, hardware square feet of gross floor area, except when stores, household equipment service located in a shopping center. 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 One (1) parking space for each five thousand and used car lots, plant nursery (5,000) square feet of retail sales area in addition o any parking requirements for buildings, except when located in a shopping center. Motor vehicle repair and services One (1) parking space for each four hundred (400) square feet of gross floor area, except when part f a shopping center. Industrial showroom and display One (1) parking space for each five hundred (500) square feet of display area. Bulk retail stores One (1) parking space for each three hundred fifty (350) square feet of gross floor area. Industrial activities Manufacturing, research and testing One (1) parking space for each one thousand laboratories, creameries, bottling (1,000) square feet of gross floor area. For establishments, bakeries, canneries, parking requirements for associated office areas, printing and engraving shops see Professional and business offices. Warehouses and storage buildings One (1) parking space for each two thousand (2,000) square feet of gross floor area. Maximum office area of two (2) percent of gross floor area may be included without additional parking requirements. 69 One (1) additional parking space for each one hundred (100) students shall be provided for 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 e traffic engineer. Colleges and universities and Two and one-half(2 1/2) parking spaces for each business and vocational schools employee, plus one (1) space for each three (3) students residing on campus, plus one (1) space for each five-day student not residing on campus. n addition, if buses for transportation of students are kept at the school, one (1) off street parking space shall be provided for each bus, of a size sufficient to park each bus. One (1) additional parking space for each one hundred (100) students shall be provided for 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 e traffic engineer. Elementary and junior high Two and one-half(2 1/2)parking spaces for each employee. In addition, if buses for transportation f students are kept at the school, one (1) off street parking space shall be provided for each us, of a size sufficient to park each bus. One (1) additional parking space for each one ; hundred (100) students shall be provided for 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 he traffic engineer. Libraries and museums One (1) parking space for each two hundred fifty (250) square feet in office and public use. Day care centers One (1) parking space for each employee, plus loading and unloading areas. 71 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 title, an eighteen- foot stacking space shall be provided in front of such garage units. Provided, however, the planning director shall have the authority 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: (1) 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 fire lanes on the site. 2. Exceptions for senior citizen apartments in multifamily buildings in the central business district 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 planning 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; 73 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 offstreet parking areas, truck and mobile equipment loading, unloading, storage and maneuvering areas, and related accesses to and from public right-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 heavy equipment tracked vehicles, trucks and other large-tire vehicles where such areas are not generally 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 wav shall be paved D. Wheel stops. Wheel stops, a minimum of two (2) feet from any obstruction or the end of the parking stall, shall be required in the following locations: 1. Where the parking stall abuts a building or where vehicles may overhang a property line. 2. Where the parking stall abuts a pedestrian walkway of less than six (6) feet in width, or a walkway which is not raised creating its own barrier. I Where a parking stall abuts any physical object which may be impacted (i.e., light standards, fire hydrants, fences, power vaults, utility poles, etc.). 4. Where a hazardous grade difference exists between the parking area and the abutting property. 5. Where other hazardous situations may exist as determined by the city engineer. E. Lighting. Any lighting of a parking lot or storage area shall illuminate only the parking lot or storage area. All lighting shall be designed and located so as to avoid undue glare or reflection of light onto adjoining properties or public rights-of-way. 75 Light standards shall not be located so as to interfere with parking stalls, maneuvering areas, or ingress and egress areas. F. Vehicle overhang exception. Where sufficient area is available to allow safe and efficient overhang of a vehicle, the planning department may permit the standard parking stall length to be reduced by two (2) feet with corresponding increase in adjacent walkway or landscaping width. (See diagram no. 2 following this chapter.) G. Concrete curb placement. In addition to wheel stop requirements as provided in subsection D. of this section, all landscape areas within or abutting parking areas shall be separated from the paved area by concrete curbing or other acceptable method as approved by the planning director and the city engineer. H. Parkinz 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. SECTION 42. Section 15.05.100 of the Kent City Code is amended as follows: See. 15.05.100. Offstreet parking plans. A. Offstreet 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. The Citv Engineer shall review plans based upon the following criteria: Ia. Safety and efficiency of interior circulation. 23. Safety of ingress and egress points. 34. 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. 76 (2) Accessibility to and frequency of public transportation; (3) Pedestrian access to health, medical and shopping facilities; (4) 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 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. SECTION 41. Section 15.05.090 of the Kent City Code is amended as follows: 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 offstreet 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 ends of all parking rows. 74 Medical activities Medical and dental offices One (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 One (1) parking space for each two (2) institutions employees, plus one (1) parking space for each ee (3) beds. ospitals One (1) parking space for each three (3) beds, plu one (1) parking space for each staff doctor, plus one (1)parking space for each three (3) employees. Religious activities Churches One (1) space for each five (5) seats in the main uditorium, provided that the spaces for any church shall not be less than ten (10). For all xisting churches enlarging the seating capacity o heir auditoriums, one (1) additional parking space shall be provided for each five (5) additional seats provided by the new construction. For all existing churches making structural Iterations or additions which do not increase the seating capacity of the auditorium, no additional arking need be provided. Mortuaries or funeral homes One (1) parking space for each one hundred (t OO) square feet of floor area of assembly rooms. Other uses For uses not specifically identified in this section, he amount of parking required shall be determined by the planning department, based on staff experience, parking required for similar uses, and, if appropriate, documentation provided by I e 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) 72 Speculative warehouse and One (1) parking space for each one thousand industrial buildings with multiple (1,000) square feet of gross floor area if building use or tenant potential size is less than one hundred thousand(100,000) square feet, or one (1) parking space for each two ,thousand (2,000) square feet of gross floor area for buildings which exceed one hundred thousand (100,000) square feet gross of floor area. This is a minimum requirement and valid for construction Pei mit purposes only. Final parking requirements ill be based upon actual occupancy. Recreation-amusement activities Auditoriums, theaters, places of One (1) parking space for each four (4) fixed public assembly, stadiums and seats, or one (1) parking space for each one outdoor sports areas hundred (100) square feet of floor area of main auditorium or of principal place of assembly not containing fixed seats, whichever is greater. Bowling alleys Five (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. Recreational buildings, whether One (1) parking space for each two hundred (200) independent or associated with a square feet of gross floor area. Such spaces shall multifamily complex e located adjacent to the building and shall be designated for visitors by signing or other special markings. Educational activities Senior high schools, public, One (1) space for each employee plus one space parochial and private for each ten (10) students enrolled. In addition, if uses for the transportation of children are kept at he school, one (1) off street parking space shall e provided for each bus, of a size sufficient to ark each bus. 70 fifty (50) or more dwelling units, one (1) parking space for each fifteen (15) dwelling units for recreation vehicles. Multiple dwellings for low-income One (1) parking space for each two (2) dwelling elderly ' units. Accessory dwelling unit One off-street parking space per accessory unit is required in addition to the required parking for the single-family home. The planning director may waive this requirement where there are special circumstances related to the property and its location. The surface of a required ADU off-street parking space shall comply with Kent City Code section 15.05.090(C). Boardinghouses and lodging houses One (1) parking space for the proprietor, plus one (1) space per sleeping room for boarders or lodging use, plus one (1) additional space for each four(4) persons employed on the premises. Mobile and Manufactured home wo (2) parking spaces for each mobile home arks site, plus one (1) screened space for each ten (10) lots for recreation vehicles. ecreational vehicle park One (1) parking space for each site. Hotels One (1) parking space for each guest room, plus o (2) parking spaces for each three (3) employees. Commercial activities Banks One (1) parking space for each two hundred (200) square feet of gross floor area, except when part 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 part 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 housand (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 undred thousand (400,000) square feet. 68 SS. Outside storage or operations areas shall be fenced for security and public safety at the property line. TT. All vehicular drive-through, drive-in or service bays and similar facilities shall be designed so that such facilities, including vehicular staging or stacking areas, shall be oriented away from the adjacent street. Additional landscaping or fencing may be required to ensure visual screening of these facilities from the adjacent street or properties. UU. Loading areas must be located in such a manner that no loading, unloading or maneuvering of trucks associated therewith takes place on public rights-of-way. VV. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way. Berms shall be a minimum of thirty-six (36) inches and a maximum of forty-two (42) inches in height. Landscaping located on the berm shall conform to type III landscaping as described in subsection 15.07.050 C. WW. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way. Berms shall be a minimum of thirty (30) inches in height. Landscaping located on the berm shall conform to type III landscaping described in subsection 15.07.050 C. pertaining to visual buffers. XX. Loading areas must be located in such a manner that no loading, unloading or maneuvering of trucks associated therewith takes place on public rights-of-way. YY. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way. Berms shall be a minimum of twenty (20) inches in height. Landscaping located on the berm shall conform to type III landscaping described in subsection 15.07.050C. pertaining to visual buffers. SECTION 39. Section 15.05.010 of the Kent City Code is amended as follows: 66 FF. No maximum height limit is required. See the downtown design review criteria outlined in section 15.09.048. GG. Beyond this height, to a height not greater than either four (4) stories or sixty (60) feet, there shall be added one (1) additional foot of yard for each additional foot of building height. HH. The planning director shall be authorized to approve a height greater than four(4) stories or sixty (60) feet, provided such height does not detract from the continuity of the area. When a request is made to exceed the building height limit, the planning director may impose such conditions, within a reasonable amount of time, as may be necessary to reduce any incompatibilities with surrounding uses. II. Beyond this height, to a height not greater than either four (4) stories or sixty (60) feet, there shall be added one (1) additional foot of yard for each one (1) foot of additional building height. The planning director shall be authorized to approve one (1) additional story, provided such height does not detract from the continuity of the industrial area, and may impose such conditions as may be necessary to reduce any incompatibility with surrounding uses. Any additional height increase may be granted by the planning commission. JJ. The height limitation is two (2) stories or thirty-five (35) feet. Beyond this height, to a height not greater than either four (4) stories or sixty (60) feet, there shall be added one (1) additional foot of yard for each one (1) foot of additional building height. The planning director shall be authorized to approve one (1) additional story, provided such height does not detract from the continuity of the industrial area, and may propose such conditions as may be necessary to reduce any incompatibility with surrounding uses. Any additional height increases may be granted by the planning commission. KK. The height limitation is two (2) stories or thirty-five (35) feet. Beyond this height, to a height not greater than either four (4) stories or sixty (60) feet, there shall be added one (1) additional foot of yard for each two (2) feet of additional building height. The planning director shall be authorized to approve one (1) additional 64 V. A rear yard of at least five (5) feet in depth shall be provided, except when a rear yard abuts a residential district, and then a rear yard of at least twenty (20) feet in depth shall be provided. W. Transitional conditions shall exist when an industrial park M1 district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes intervening use such as a river, freeway, railroad main line, major topographic differential or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than fifty (50) feet shall be provided. X. Transitional conditions shall exist when an M2 district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, freeway, railway main line, major topographic differential or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than fifty (50) feet shall be provided. Y. Transitional conditions shall exist when an M3 district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, railroad main line, major topographic differential or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than fifty (50) feet shall be provided. 62 street. This classification shall be determined by the city transportation engineer. The setbacks are as follows: 1. Properties fronting on arterial and collector streets shall have a minimum setback of twenty (20) feet. 2. Properties fronting on local access streets shall have a minimum setback of twenty (20) feet. F. The minimum front yard setback shall be related to the classification of the adjacent street. This classification shall be determined by the city transportation engineer. The setbacks are as follows: 1. Properties fronting on arterials and collector streets shall have a minimum setback of forty (40) feet. 2. Properties fronting on local access streets shall have a minimum setback of thirty (30) feet. G. The front yard shall be ten(10)percent of the lot depth. Regardless of lot size, the yard depth need not be more than thirty-five (35) feet. H. No side yard is required, except when abutting a district other than NCC, and then the side yard shall be not less than twenty (20) feet in width. I. No side yard is required, except when abutting a more restrictive district, and then the side yard shall be not less than twenty (20) feet in width. J. No side yard is required, except abutting a residential district, and then the side yard shall be twenty (20) feet minimum. K. An aggregate side yard of thirty (30) feet shall be provided. A minimum of ten(10) feet shall be provided for each side yard. On a corner lot the side yard setback shall be a minimum of twenty (20) feet from the property line. L. The side yards shall have an aggregate width of ten (10) percent of the lot width, but the aggregate width need not be more than forty (40) feet. There shall be a minimum of fifteen (15) feet on each side. 60 Section 15.04.200 Mixed Use overlay development standards. OVERLAY DISTRICTS GC-MU O-MU CC-MU FIoor area ratio .40 for commercial uses. .40 for commercial uses. .40 for commercial uses. .50 for commercial uses combined .50 for commercial uses combined .50 for commercial uses combined with residential uses;provided that, with residential uses;provided that, with residential uses;provided that, commercial floor area may be commercial floor area may be commercial floor area may be increased by one square foot for each increased by one square foot for each increased by one square foot for each square foot of residential floor area square foot of residential floor area square foot of residential floor area provided up to a maximum provided up to a maximum provided up to a maximum commercial FAR of.5. commercial FAR of.5. commercial FAR of.5. 1.0 for residential uses,provided that, LO for residential uses,provided that, 1.0 for residential uses,provided that, residential FAR may be increased by residential FAR may be increased by residential FAR may be increased by .5 if parking is provided below grade, .5 if parking is provided below grade, .5 if parking is provided below grade. up to a maximum of 1.5 up to a maximum of 1.5- up to a maximum of 1.5. Site coverage Forty(40)percent for commercial Forty(40)percent for commercial Forty(40)percent for commercial uses. uses. 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 floor area is residential use. floor area is residential use. 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 basic heights may be increased up to basic heights may be increased up to the maximum height of fifty(50)feet the maximum height of forty(40)feet the maximum height of forty(40)feet m m m 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 yard to accommodate a sidewalk yard to accommodate a sidewalk which shall be at least ten(10)feet in which shall be at least ten(10)feet in which shall be at least ten(10)feet in width. width. width. Rear and side 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 at least twenty(20)feet will be at least twenty(20)feet will be yard required in any rear or side yards that required in any rear or side yards that required in any rear or side yards that are adjacent to a residential zoning are adjacent to a residential zoning are adjacent to a residential zoning district. district. district. Off-Street parking Retail/office uses:Three and one-half Retail/office uses: Four(4)spaces per Retail/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.(2) area.(2) Residential uses (3) Residential uses Residential uses 5a development. Z. The requirements of section 15.08.215 shall apply in any multifamily transition area, which includes any portion of a multifamily district within one hundred(100) feet of a single-family district or within one hundred (100) feet of a public street right-of-way. AA. The requirements of section 15.09.047 for multifamily design review shall apply to any multifamily dwelling of three (3) or more units. BB. Mobile home park combining district, MHP The standards and procedures of the city mobile home park code shall apply. General requirements and standards for mobile home park design, 12.04.520; mobile home parks, Ch. 12.05. I it i 56 DIAGRAM 1. MINIMUM PARKING DESIGN STANDARDS A B C D E F GI G2 H I J Aisle Width Angle "Stall Stall Curb Startin Depth One- Two Depth to Setbac Gross Width Depth Length g Loss to Way Interlock k Stall (feet) (feet) (feet) (feet) Wall (feet) Way (feet) (feet) Area (feet) (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 Sa 4-&$ 4.9-4 6-5-4 44--4 44-2-4 2" 4,15, 4-�.4 9.0 19.0 51.8 69.0 12.2 12.0 20.0 7.7 18.7 630 20° 8.0 17.0 23.4 36.6 13.3 12.0 20.0 9.6 16.0 312 S-�- 4" 34-4 95" 444 43 9 22" 49,22 4" -5= 9.0 19.0 26.3 41.1 15.0 12.0 20.0 10.7 17.9 394 30° 8.0 17.0 16.0 26.7 15.4 12.5RI 14.7 247 8 5 4" 4 7- � 4� 4-38 4-5-6 2;8 9.0 19.0 18.0 30.0 17.3 12.0 16.5 311 36.9° 8.0 T17.013.322.1 16.6 13.5 13.6 221 �5 44-6 13 ? 44.4� 2-44 9.0 24.8 18.6 13 S 15.2 279 400 8.0 17.0 12.4 203 17.1 13.5 . . 13.0 212 %3 45-9 4}3 zl 3 4&-I- 4 3 6 248 4 4-8 4=sS 9.0 19.0 14.0 22H15.218.2 8 191 13.5 20.0 15.7 14.6 268 450 8.0 17.0 11.3 14.5 20.0 14.8 12.0 200 S 3 -l-" 4-2-4 441- 39 9 4�; 4?-' 24 9.0 19.0 12.7 14.5 20.0 16.6 li.d 252 500 8.0 17.0 10.4 15.5 20.0 15.6 10.9 19044-0 444 4 5 a 29-8 4" 44-4 24 i9.0 19.0 11.73 15.5 20.0 17.4 12.2 1 239 SECTION 43. Section 15.06.050 of the Kent City Code is amended as follows: 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. 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 79 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. 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 1/2) square feet for each foot of street frontage. The aggregate sign area for comer 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 of 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. 81 twenty-five (25) square feet. A freestanding sign shall not exceed a height of fifteen (15) feet and shall be unlighted or provided with indirect illumination. 2. Identification signs for buildings. One (1) identification 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 are attached shall be permitted for each occupancy in a multitenant building when the occupancy has outside frontage. E. Signs permitted in industrial districts. 1. 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 comer lot. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. 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) 83 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 visually 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 curbline 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 deternined by the planning department upon review with the owner or developer. 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. 85 R. Landscape plans shall include where feasible a diversitv 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 adiacent to required biofiltration systems may be considered part of any required landscaping areas subject 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 City'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. SECTION 45. Chapter 15.07 of the Kent City Code is amended by repealing Section 15.07.050 in its entirety and adopting a new Section 15.07.050 as follows: 87 SECTION 46. Chapter 15.07 of the Kent City Code is amended by repealing Section 15.07.060 in its entirety and adopting a new Section 15.07.060 as follows: Sec. 15.07.060. Regulations for specific districts. Landscaping regulations for specific zoning districts are as follows: A. Residential agricultural, RA. None. B. Single-family residential, SR None. C. Duplex multifamily residential, MR-D. None. D. 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 89 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. 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. All 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 property 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 property 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 comer 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 property lines. Where the rear 91 property line of a commercial use abuts a residential use. a landscape strip of at least ten (10) feet in depth shall be provided. SECTION 47. Section 15.08.020 of the Kent City Code is amended as follows: 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 zoning districts it shall be the minimum lot area of the underlying 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. 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. B t rr 1ffZ� ten tbeisa-H1rinnnm 2 - ReLqF ' TV. J d 4 1I t q (;G) feet t 9? 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, M1. 1. Front yard. The front twenty (20) feet shall be improved with appropriate permanently maintained landscaping. 2. Side yard. 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. 90 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. DESCRIPTIO Type I Type II Type III Type IV Type V 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 interspersed with large shrubs and solid covering of sufficient size to one hundred the trees.A sight- ground cover. the entire promote and (100)percent obscuring fence Where used to landscaping area protect growth of sight-obscuring will be required separate parking within two(2) plantings,with a screen within two unless it is from streets, years of planting one-hundred- (2)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 barrier of at least height of three subsection of evergreen and a fence is not forty-two(42) and one-half(3 15.07.040 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 II, III, 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. 33 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 section 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 South 180th Street on the north to the SR167 overpass on the south shall be landscaped to a minimum depth of(15) fifteen feet unless a larger area is required elsewhere in this chapter. Q. The use of native an drought tolerant. low water use plants shall be incorporated into landscape design plans. 86 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.l.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. G. 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. SECTION 44. Section 15.07.040 of the Kent City Code is amended by adding new subsections 15.07.040(Q)-(V) as follows: Sec. 15.07.040. General landscape requirements for all zones. 84 A multitenant building will have the option of the sign described in this subsection a. or the identification sign described in subsection C.1.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. Aggregate 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 +"�' ' 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 displayed. 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) square feet for the total of all faces. No one (1) face shall exceed 82 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. 1-he 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 anv 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. 80 DIAGRAM 1. MINIMUM PARKING DESIGN STANDARDS A B C D E F GI G2 H I J Aisle Width Angle Stall Stall Curb Startin Depth One- Two Depth to Setbac Gross Width Depth Length g Loss to Way Interlock k Stall (feet) (feet) (feet) (feet) Wall (feet) Way (feet) (feet) Area (feet) (feet (square feet) 53.10 8.0 17.0 10.0 13.8 18.4 16.5 20.0 16.0 10.2 184 S 5 49-4 44-6 44-6 41h4 44.4 a-" 4" 4" 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 8.5 4-8-4 slS 44k4 4-94 4-7-4 a-" 44-; -9-4 4 5- 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 94 4" 4.4 4" -a" =214 4" -6-2- 4-74 9.0 19.0 9.6 7.6 20.9 20.0 1 22.0 19.4 6.5 200 800 8.0 17.0 8.1 5.0 18.1 23.0 24.0 17.4 3.0 147 94 4-" -9-6 44 4 4 3 4 =4 8 443 4 4-" 9.0 19.0 9.1 5.0 20.3 2 3.0 24.0 19.5 3.3 185 900 8.0 17.0 8.0 5.0 17.0 24 24 17.0 0.0 136 24.0 24.0 94 44-4 -5 s 4 4-" 6 4a" 4" _Q-4 4-53 9.0 19.0 9.0 5.0 19.0 2-4 24 19.0 0.0 171 24.0 24.0 fie) ,- •a ,a .•t" a —ea egf "uadfe,a innm e Foe+ pkis an adi4 1 gat; , (4mafe c f et eel ":ui., e e ., rl 4te0) J \ / 1 7 !7 A .,te en4i •.7 .i Leading o � e a ' 'r 1 ll k Y a and 7 +'ng, areas shall b prev•.7 .7 afi.1 L. ll be lec t@d 99t e ...,l.l:.. T ,l - Hg. r T .1 a 1.., be v rM .:,1 e.1 t 'r ''eig 4 (9) F + 1 ..t.. 1'ROS l�..t g Si e«.+:el ..c a r r J •,l ,1 b~e.d by the pl .1 ...ag Ft t r♦1,e t:.,..e 9 rl,e Q + t 1 .-1. .,.1 gli ,-ems .1..+: S1•...11 be ..1.S e.l 0 0 C. Gasoline service stations (with or without retail convenience grocery 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. Minimum lot 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. Lighting 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. Ingress and egress. Driveway widths and separation shall be reviewed and approved by the Public Works Department. shall net be b + -than 4 '5' 93 development plan review. SECTION 43. Section 15.08.080 of the Kent City Code is amended as follows: Sec. 15.08.080. Parking, storage or habitation of major recreational equipment. ";" l.' 1faquipnAeRt shall b par1 4 in the reqae.d feat< ra -- ' -- -iae-p - -- ..t om be�isea for- .,,,li-yin0^ e 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 surroundinga neighbors and shall not be used for habitation. SECTION 49. Section 15.08.090 of the Kent City Code is amended as follows: Sec. 15.08.090. Parking or storage of inoperable vehicles. No more than one (1) vehicle of any kind in inoperable condition not licensed nor legally operable upon roadway shall be stored or parked on any residentially zoned property for more than thirty (30) days- unless said vehicle is stored in an enclosed area and hidden from view of surrounding neighbors. SECTION 50. Section 15.08.100 of the Kent City Code is amended as follows: Sec. 15.08.100. Nonconforming development. A. Purpose. The intent and purpose of this section is to: 1. Ensure reasonable opportunity for use of legally created lots which do not meet current minimum requirements for the district in which they are located. 95 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, en land ;_+nd rr 4+e &aR h' as of T.Fyaa.-y 1 7 94 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 designed 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 or abandoned for a period of six (6) months, such use shall not be resumed, notwithstanding any reserved 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 97 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 alterations shall be made except such as are required by law or ordinance or authorized by the planning director. 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,an4 ., 1 f t4e stpaet,afe at the +• E4 a.. 4 may be restored, reconstructed and used as before, provided that the work be vested by permit application be completed 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 99 x �x]1., .air' 'r ' net re )air nc. E- �xvrr•ir-crnzcrcvizcr1 rciic�cxzxxxc xo " q.1 Ne-••Fc ♦ r' - rr. r' I1 .a a rl,: _';Abseetien shall 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 land 101 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. 1. 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 d Re ''� _"�3; the effective date of this title or subsequent amendments thereto 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. 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 T.,...,...... , 1999. 103 }, 44@ st aetiffe eaiises •1, + 11 .1 F +1, + jet b eeti 15 992 b 1. t 1: .,r The In ' 1 11assist r t, fr �ccsaamic�a��c�- lieafg in YY o SECTION 53. Section 15.08.234 of the Kent City Code is amended as follows: Sec. 15.08.234. Solar Access Setback&1me -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. 44is staadaf4 ..0E,,:ts let to b@ b st shade b F (24) •a a that paint c,:Wat .1 ti, F41, ,.,-riff., le4 > 1• F 0 no 1+ 1 F F ri frL, . +i .1; .�£+T,o__letr 2. The formula referred to in subsection A.1. of this section is as follows: N/(\t(l/.42 + P)\n/\n2.38) 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 feasible based on the size and configuration of the lot. highest i .1 pr-e.1 b p .,4 4 st',a.+„fv sk ll to s8t back 4:.eF th@ f44 1 r 4RO 130t loner ri n..• 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 105 D€. Minimum yard requirements. Minimum yard requirements are as follows: 1. Front (dwelling): Ten 10 FiAeeo5) 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 F'i�r '�`-`J feet. 6. Other side (garage): Five (5) feet. EP. Distance between dwellings. Minimum distance between dwellings is fifteen (15) feet. FC4. Height limitation. The height limitation is two (2) stories, not to exceed thirty-five (35) feet. G14. 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 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. Hi. 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 107 manufacturing building by creating the living quarters within or as an addition to the building or as a detached structure from the vrincival 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 canning 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 twentv (20) percent of the commercial or manufacturing structure in which the ALO is located. The size of a detached ALO shall be limited to no more than one-thousand (11000) 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. SECTION 57. Chapter 15.09 of the Kent City Code is amended by repealing Section 15.09.045 in its entirety as follows: vc designative A- tl- f h' h is to « .le .,,7.1:+;.,.,el r:te ..!RFHg iH f ONib:l:t,. ;., f:.lf:ll:,,.. r� : the ' + t f lt'f '1 r :t:e., ..rea reqti4e e..ts ThFeugh the ,l esian 'f s .1 t:F :1,, ;r-ansit:e« area .,+� he o r - .1 ,.1'f a L. t 1' + 48 steui., En ate l+e ..+:, a site pla .l. igh r r f: 1f i1 1 r R t' to the ,1+;f� ;L::, +.•., �:+: e e..t� Tl,e Z 109 a b USeS. 1 1 1 '+ !aye .+ 1...:1.i: 1 - t .7 f +' __ �1, rt and o_ ____ _ �a �b b b b b '1 1ars -rl + +, 'Aafesl . ..,..re«;nls aid the l;l.o b +' 1 G !1Q 71 G C 4 proposal -1 be -- a i, "r-814&4 by the b r Y b '+ (7) wer1 'fig a ..F.. -r+4.o r -..lute ..1':^Bonn plamliingz dir-8et- been o+• r b 1 F --'1 .l' +,.: + F nr+r F fje + FF 1'b —an.l l.l.t + + 1 + - .l 1` the ,.1+:F.., _1 pF.,o.,t b development Tl l se" t'l,l '+l, .,.1: C- +'l.'1'+. R61'aEleS l• '+ ' to site layout, size SGaI8 a " f 11 Fr Tl, 1 .l' t shall issue - -'- �ceii3 b a r b do 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. Ij. 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. JK. Walls. There shall be no contiguous walls between units. Kl,. Storage of recreational vehicles. The storage or parking of recreational vehicles shall be prohibited within a zero lot line development. SECTION 56. Chapter 15.08 of the Kent City Code is amended by adding a new Section 15.08.359 as follows: Sec 15 08 359 Accessory living quarters. A. Intent The citv 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. 1. One (1) ALQ per commercial or manufacturing building is allowed outright within all commercial and manufacturing zones within the citv. 2. An ALO may be established in a new or existing commercial or 108 from solar setback calculations. the > a f r#R4oti:Ife Skall et be iE)e+ + + t, aH t +eOR + to t + ,a e t,. if+> e a 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. SECTION 54. Section 15.08.300 of the Kent City Code is amended as follows: See. 15.08.300. Zero lot line development--Authorized. Zero lot line development may be permitted in the following zoning districts: A. SR-2 R! 29 single-family residential. B. SR-3 R! 12 single-family residential. C. SR-4.541 9.6 single-family residential. D. SR-6 R! 7.2 single-family residential. E. SR-8 single family residential. FE. MR-D duplex multifamily residential. Gli. MR-G garden density multifamily residential. SECTION 55. Section 15.08.320 of the Kent City Code is amended as follows: See. 15.08.320. Zero lot line Same -Development standards for single-family zoning districts. Zero lot line development standards for single-family zoning districts are as follows: A. 444 •t 44iiiiffFaffi site alxea is five (5) AD. Minimum lot. Minimum lot size is three thousand six hundred(3,600) square feet. BG. Maximum site coverage. Maximum site coverage is fifty (50) percent. C13. Density. The density of the zero lot line development shall not exceed the density of the underlying zoning district. 106 SECTION 51. Section 15.08 230 of the Kent City Code is amended as follows: 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. SECTION 52. Section 15.08?32 of the Kent City Code is amended as follows: Sec. 15.08.232. Solar Access Setback Some -Applicability. A. All structures over six (6) feet in height proposed on properties in the agricultural (A-1), residential agricultural (RA5R-1) and single-family (RI 2QR ! ;,Rr°•6, Rl7=_')zones will be reviewed in accordance with the design standards outlined _ in shall sempl section 15.08.234 egEeept d4 in subseetiea44. of tkis soar 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 exeeed require that the yard and setback requirements of the underlying zone be exceeded. stanElai4s are adepteEH LL ., Fee &w at peen efi dan.,,.. ';! '04' r. +L.;,.L, ae�r at+L neftl4efa jet jine 4i.R4 tke shagey, CRRj Q RC C An PARR RRI 104 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 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 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 102 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. stlqi b ' b tha4 has been 4 a 57 Yam.ee... .._ the ---- ---- 14 be + t with t' he ,.h+ b• `xnien tl .1 within the F. r r t' 'tl t .7 t UpeR aE, Rt a t.' etlsr d 1 t ' the th, ..:+.. ., a .4h81e 100 f jaHUal ' 1, 1 n8, 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 structure 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, aa4 t rCeStOr-24i8fi a 4A (cm ,.a e.,+ Of the fait + , f t e S42ciet�ar-e-at the time of damage-Skall nq� be + +- '+ f w +' i - no inn r, c • H ker-e Celt e 4 a o the stf ,..,, may be restored, reconstructed and used as before, provided that the work be vested by permit application be ceinplete4 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 casualtv shall be deemed abandoned and not allowed to be restored. 98 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 T ^� 'gin,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. 1. Applicability of restrictions. Regulations applicable to nonconforming uses are in addition to regulations applicable to nonconforming structures, lots 96 ,- be .� . 4; fc� c��.« ffE)peFty liae There shall be not more than two (2) driveways per public right-of-way. 9. Parking. Offstreet parking 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. 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. D. Drive-in restaurants. 1. Minimum lot area. Minimum lot area is fifteen thousand (15,000) square feet. 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 at least twenty (20) feet in width. 4. Rear yard. There shall be a rear yard of at least twenty (20) feet in depth. 5. Ingress and egress. Driveway widths shall not be greater than thirty (30) feet, and driveways shall not be closer together than twenty-five (25) feet. Driveways shall not be closer than five (5) feet to a property line. There shall be not more than two (2) driveways per public right-of-way. 6. Landscaping. A ten-foot strip is required along street rights-of-way, except at points of ingress and egress to the property. A five-foot strip of landscaping along side lot lines shall be provided. Landscaping shall be provided in a manner assigned by the planning department at the time of 94 �- b pufsuapt r seetier 1 c An O'7A SECTION 58. Chapter 15.09 of the Kent City Code is amended by adding a new Section 15.09.045 as follows: Sec 15 09 045 Administrative design review. A. Purpose and scone 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 ap lication of certain criteria These criteria have been formulated to improve the design siting and construction of development projects so as to be compatible,both visuallv and otherwise with the topographic open space urban or suburban characteristics of the land or adiacent 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 citv's_reaulation of land use. which is statutorily authorized Application of the multifamilv design process to the desiizn criteria adopted in this section is established as an administrative function delegated to the planning department pursuant to RCW Title 35A. therefore, in 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 proiects Further rules may be promulgated for additional administrative review. 111 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 f. 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. Buildin dv esion. a. The buildings in the development should where appropriate maintain neighborhood scale and densitv. b. The buildings in the development should be oriented to provide for privacv of residents. C. The exterior design of all buildings in the development should provide for individual unit identitv. 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 altemative site plan which fulfills an equivalent function to the multifamily transition area requirements. Elements which may be evaluated under this process include general site lavout. building placement and orientation. parking and maneuvering arrangements landscaping and other screening and buffering provisions. 113 2. The following criteria shall avviv to mixed use development: a. If the residential component is located awav from the main street, a landscaped pedestrian path should be provided between the entrance and iublic sidewalk. b. Although the commercial and residential components may have different architectural expressions. thev 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 amenitv. 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. Api2eals. 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 anv application. or the director's written decision reiecting 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 115 fieeeSSafy 4e r ri rde Fe« a ne.ditin„s re,ri e:,r of nrnnnnell n en4n 1:„rtl,er b A Il it'F '1 ,le,.elep ffien4 Of three /^!\ a Mere n:4s ,,>;71 be s.,l.:e..t to_i6n F t4i eti ..le tl.e ,ltif il, ,nits are ;n a_mi?E e.d 1, 'l,d'fig 4 a tl.e l.e,.siaaa , «its a g et leaate.d en the a.d goer. Tl.e ' ,design ,d;s ne t: +fie.., tl,e a,d,„:..;strat:,.e d e s .� set ford, in seartien 1_5IIII 045 n.-1 nlieatie..s Fer I4;F il. ,de ele ..t ffiaymayet be W. et to tl.e pr-avof 1, tl, sewtiens. A., «lia ..t ... request at time of a nlisatien 41,a4 re;A L-Qu . ,ler L.ntl-, be a plete.l � „ltaneo„sl,. 4- The .de elep i# And la idseape plan _he_l.d be _onc;ite..+ .:tl. 4L,e rn .,t,::' __r_ r_ app 1' l.le polieies of the rel,ensiye plan. ewae% 4L.e i the_d t as 1A .l ba.. .lesier, «ela+:ensl,i..s Cffi b , r.d r, seal .de..ele..i%en+.sl,n.,la._6e..,nav;:n_i�vd__ 4. A -.T__a+-_.- _-.,"'I . -_view The_m4ult:F .l:1. e g 1 ry al4 .l iS ...d, ate.d aS e«4 eft e pefffiit revThe appliewA a4us4 k app1' atie., f« tl.e design r e r;'l ronass_er,_fnmas_prnse.d by the a Dr, r to ll;anna a fnal_deeis a' d.te 'e review any ce s�1 1 Eel —T�� -'� .d t t'An 4+1.' e sth ..e pla. .i .lire..ter ..a .l r e,relen s nleFaentaru ..a,. '.lanee an ♦1. ter..re+a4:ei; eF the ar;4eria set f:,,-+l, in_sl4h,;eCtiAn (' of eetie.,, detailed.ell a a detailed e l,pla„a4;on of the .l. es:en review rareness C Tla#gm P-ev :te a. Tl,e nlannina a e shall e tl.e felle fb.. a rite a tl.e a .al.,at:e., 4a...1/era nditie..ing a .. l.I:eatiens «.l e« + e ._ b C';r. dogigii. 117 design buildings it L.ea.ing O*affiiner- „ithi., ten (19) . ays Of eitl,e.. ♦l.e 04 the a;�e..t...-'S deeisio eetiag any pli..atie., nde; tl,is eet:e..' Appeals to thee l,e....:„g b e er -set in ehapter Q.:'?tee deeisien-444e hob e tl.e leafing e er-'s deeision Tl,e shall ..ll be i „„tiRg t the ..:5, ,.:1 appeal ...7 Fle.i . ,:tl, tl.e ,.le.d. SECTION 60. Chapter 15.09 of the Kent City Code is amended by renumbering Section 15.09.048 to 15.09.046 as follows: See. 15.09.048046. Downtown design review. A. Purpose and scope. 1. Downtown design review is an administrative process,the purpose of which is to implement and give effect to the downtown plan, its policies or parts thereof, through the adoption of design criteria for development within the downtown planning area, which is bounded by state route 167 to the west, James Street to the north, Jason/Titus/Central Avenue to the east, and Willis Street to the south. The area is shown on the map below: It is the intent of the city that this process will serve to aid applicants in understanding the principal expectations of the city concerning development in the downtown planning area and encourage a diversity of imaginative solutions to development through the review and application of the design criteria described in this section. These criteria have been formulated to ensure that the design, siting and construction of development will provide a quality pedestrian oriented urban environment in a manner 119 director shall review any comments submitted for consideration. In the administration of this process, the planning department 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. C. Design review committee. There is hereby established the downtown administrative design review committee, which shall make all final decisions on applications for downtown design review. The committee shall be comprised of three (3) members, who shall be appointed by the planning director under the authority delegated to him under RCW Title 35A. The members shall serve at the pleasure of the planning director. The planning director shall, by administrative rule, establish the rules of procedure for the committee, which shall be made available to the public upon publication. D. Design review criteria. The downtown administrative design review committee shall use the following criteria in the evaluation and/or conditioning of applications under the downtown design review process: 1. Site design. a. The site plan conforms with the pedestrian plan overlay frontage requirements for class A and class B streets as included in the administrative guidelines of the planning department. b. The site plan conforms with the maximum setback requirements as specified by the pedestrian plan overlay. C. The site plan provides for a zero setback for properties abutting Meeker Street and First Avenue within the downtown commercial district. d. The site plan restricts the number of curb cuts necessary to meet automobile circulation requirements. e. Offstreet parking areas are located to the rear or side of buildings and are well lighted. 121 district. E. Appeals. The decision of the downtown administrative design review committee to approve, condition or reject any application under the downtown design review process is final unless an appeal is made to the hearing examiner within ten (10) days of either the issuance of the committee's conditional approval or rejection of 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 city clerk. SECTION 61. Chapter 15.09 of the Kent City Code is amended by repealing Section 15.09.049 in its entirety as follows: A, PuFpese Ua s in to implemeR4__and give n.FFeet to the es,ln and el:eies eF the a development ,•eletiye to site ls.yaii+e s.lendeape ar-rh:tee+,...e .,nd e .+e,.;e.. St.s.»:dete,»nF+e:.,ld de e..b.enle. .P,me e.nb+.� r. .8. Shall »Yn•J. to .m ..ed +Se er te,.1ti4a mils. Ie..red .,i-th:n the m .ed use everlat,a s.he,.,.. e +he izening.b m it .t the :. e nt eF+he ,sits.that this. .. 411 s e ♦e aid al b a ,h:.,ed 4-se desig a, and eneaaFage n diy@r-sity of:m..g.:n..+:..e s.elut ens +e b siting. nd +T.,n4:en eFm ed e de ele nt se as to he cefaPa♦ibl b844 48"15' and e44efWise, with the tepegr-aPhj6,-open ;pug—HFbaR of ..F the l.,ndOr ..d:.,,,ent .. ,.pe.w: s '1 h till J 123) ddlflet,...sh..11 a .,I..te the s YY pub-lie l:eetiea to the , arl.s ,d' + building fF I > b dizeetef Shall feyiew any 69ffiffiORts SUbfnit4ed fer- eensider-atiefl. in the b e Quidanee ea tie-ifitefpfetatiefi of 4he Ffitef}a set €efthifi SllhrpetiAn C. 9f this seetien, as well as; .dets:le,d alsaetiea of the design r-e b eFit +he .,1,...tie a,d/.. a,ditie e of ea 1: +'ean dde� the ,d ,d as YY vacivxxo mx�:cr�ac-Zxziizcc�oc -cvrb-n 4, The felle,:nae efiter:., she„l.d apply to all .a ..e.d , e .de..elap eat: Ce e est:ea e eF te.�s..es fi dee.. e e sf 49- T :..htia.. feet„«es th..t ., a shiel,de,d, b D .di..eetia.. l:.. .d,..h♦ ,..,,,.s,..ds F detg!S> , o d- :sse—fesidefitial eeffipefl@fit sh laid ha-a an -Ob*ieiis, geitieF^er�^ efit£afiee, 4thifi €eatufes sugagestifiga "€fefit eT " for-e*=ffiple a h ..ete ,,,e.. ....t..er-,d.. is, gate, s eh 2 The F lle.,,ia.. s.:+e«:e shell al.,to ., .,e,d , e ,de..eleaa.eat• a- Tf the si,dea+:el s 8 ff IF a at :s leeete,d s . F e.a the miliffin+weer l.,a.dse.,ae,d ae,dest fi.,a path she„l.d he pfe .:.de,d between the b, A l+he,,a.gh the s el and f: si.deat:el s mayhave,eats ele atr that nfOglaee thO Ogf et ef.,n iate...sted de ele at Cag ee a.,..l.:a., sl,....l,d be ge 1.. lsa.d�;�,d t �- •.•,.••••�••,• Y""�"'b •••,•�••� b•,:��-xcmc ca cv scrrcas-sax affienity. T i..ht:as. f.,t,.r-es she.il.d pet ., e,d the heigh+ f th f flnoor __� 125 B. Determination ofplanning 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 the alanniiig d+riaernr.detep:niaes that *h eemprehefisi*e 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 plap,qiRg, land use and planning board for an update of the comprehensive plan. if the plaPA3ieg—dir-eeter EjetaFFAines theA a-euffeeg comprehe p �plan exists for-the aFea of the prepesed aFffie?iatiOn, In addition,the planning director will cause an application to be filed with the keaWab land use and planning board for an initial zoning recommendation. C. Recommendation of lann kg ,.,....miss:,.._ land use and planning Upon application by the planning director, the plapAlifig, land use and planning board shall hold at least one (1) 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 land use and planning board shall transmit a copy of its recommendations for the comprehensive plan to the council for its consideration. D. Recommendation of the ', ,..ioT ,•. miog,.,. land use and planning board. 449eff appAeation by the"lapAii" '' et > the h b In addition, the land use b 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 mailed to ail 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. Within 127 general circulation in the city and in the area to be annexed 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 county auditor. SECTION 63. Chapter 15.09 of the Kent City Code is amended by adding a new Section 15.09.065 as follows: Sec. 15.09.065. Interpretation of uses. Land uses which are listed as principally permitted uses in the Land Use Tables shall be permitted subject 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, an applicant may request from the Planning Director an interpretation as to whether or not such use is a permitted use. In determining whether a proposed use closely resembles a use expressly authorized in the applicable zoning district(s).the Planning Director shall utilize the following criteria: A. The use resembles or is of the same basic nature as a use expressl authorized in the applicable zoning district or districts in terms of the following: 1. the activities involved in or equipment or materials emploved in the use: 2. the effects of the use on the surrounding area, such as traffic impacts, noise. dust, odors, vibrations, lighting and glare, and aesthetic appearance. B. The use is consistent with the stated pumose 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 Hearing Examiner. Such decisions shall be used for future administration The Director and Hearing Examiner shall report decisions to the Land Use and Planning Board when it 129 I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:\LAWIORDWANOTWt [5 doc I�1 ............. Kent City Council Meeting Date July 7, 1998 Category Consent Calendar 1. SUBJECT: FIRE CODE AMENDMENTS - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. amending Kent City Code Chapter 13 . 02 Fire Codes and adopting the current edition of the Uniform Fire Code. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Public Safety (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. 30 appears desirable and necessary to amend this Code The Planning Director's determination may be appealed as provided in Section 15.09.070. SECTION 64. -Severabilitv. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 65. Savings Clause. Zoning Code provisions amended by this ordinance shall remain in force and effect until the effective date of this ordinance. SECTION 66. - Effective Date. This Ordinance shall take effect and be in force five (5) days from the time of its final approval and passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED: day of 1998. APPROVED: day of 11998. PUBLISHED: day of 1998. 130 5 + a + T'L.' ., .ie _ `Shall be te 0 t_ plan. 1 L e O if a is eea"etOEI. E. City council action. 1. Comprehensive plan. Within sixty (60) days of the receipt of the recommendation from the pjannijig eaffffaissien 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 plapAiiag eeffHaaissian land use and planning board for further proceedings. If the matter is referred to the plamling, land use and planning board,the council shall specify the time within which the plapAiiog aswAnissie 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. T T ev 1 e f the - -1-- r _+1-- F+he _ r �iixpr+ 11 eause an rr this Seetie . 2. Initial zoning. Upon receipt of the recommendations of the kepi g exaimine 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 hearing shall be given by publication in a newspaper of 128 Tke fellewing efitefia h 11 apply to mitred e h,.ild: a D 1 1 + 4 d h 1d h a' idea nt 11 e..+ b � separ-a4e4 by laii4seaping and stFaetufes, se that paFk4figg does Hat .] ate the site y trt I 1 1 h 1d he of i ,late! la tT r use vr eo d n, e„d planters. r D kawido +' 1 fl8ers sheukl be Y din an ,.h..;e'as «+ ,ter_ .izth + h 1 , ekange ina4er-iiiis of ,.lei .,d ,. e..h. ngs C---d1 @rej&j sigFIS SlIeUld h GE)fitaifie4 '+h' the f:rS+ Yf- b a i e �is L . _ b I1 e�€eft i ehapte£'' eg. q:ipCcc'.`i'xA;; fth he e rr \ J tke b q: e.,l Sha4lbeill WF441Q� + the '+.. .. ..il J d filed , th the eler-L SECTION 62. Section 15.09.055 of the Kent City Code is amended as follows: See. 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. 126 + 11 -1 densities + 1. app1;ed in ..--anaofseasistepA . 4th b Y a ?- 4 f a '+ ele .,t t + t, t '1 rl, ,1 A b pf-eeeSS ;a the b adepaAfnefA Y" I 93A, title e,c A 41, f r l,e_ --' e 'e , Aja a b All 41..•ee !91 or- al&Fe4mi+e . ,;11 buildiff 1, tl, 1. :tom a et 18 + a ., l. f te ..a b a g3. —{jYa q;-S3fC a designesn is a + nro et f..tl in seetiefi 15.99.045, ..,t b' r kl :MR Rqi?i@El y •+ + 1 14 ll 1. .1.: ,.t +,. +1+ Pre - of^ ^tioi 1 c na n4 Tiq , ,'4• - theF+1,;-s -se,.tien sk ll where ere ar f-e • 2' a u ptWiflilla a a ,the b 124 £ The site plan provides for sidewalks and pedestrian corridors in both public right-of-ways and privately owned areas. g. Pedestrian corridors outside of buildings are clearly marked and well lighted. h. Pedestrian throughways are provided in long buildings. i. The site plan provides for semiprivate and/or private useable open space for any development with a residential component. 2. Landscape design. a. The landscape plan provides for extensive landscaping of large parking areas or other open areas which can be seen from the street or other pedestrian oriented area. b. The landscape plan enhances pedestrian activities for any setback or other open space areas which are being provided on the site. C. The landscape plan enhances any private and/or semiprivate open spaces which are being provided for multifamily residential units. 3. Building design. a. Building floor area above four (4) stories in height is setback as appropriate to maintain human scale. b. Buildings in the downtown commercial zoning district are designed to be compatible with the existing historic buildings in terms of bulk, scale, and cornice line. C. Buildings in the downtown commercial zoning district provide cover for pedestrians such as awnings along the length of any facade abutting a sidewalk. d. Building facades facing a public right-of-way or other pedestrian oriented space minimize blank walls by providing windows and/or providing an interesting design features. e. Windows make up the greatest percentage of the street level facade area to minimize blank walls in the downtown commercial zoning 122 consistent with established land use policies, the comprehensive plan, and zoning code of the city. 2. The adoption of design criteria is an element of the city's regulation of land use, which is statutorily authorized. The downtown design review process adopted herein is established as an administrative function delegated to the planning department pursuant to RCW Title 35A. Therefore, in implementing the downtown design review process, the planning director may adopt such rules and procedures as are necessary to provide for review of proposed projects. 3. Development in the downtown commercial (DC), downtown commercial enterprise (DCE) and downtown limited manufacturing (DLM) zoning districts within the downtown planning area shall be subject to the provisions of this section. 4. Applications for multifamily development in the DC, DCE and DLM zoning districts shall not be subject to the provisions of section 15.09.045, administrative design review. 5. The downtown design review process is distinct from the multifamily design review process set forth in section 15.09.047. Applications for multifamily development within the DC, DCE and DLM zoning districts shall be subject to the provisions of section 15.09.047 in addition to the provisions of this section, except as provided in section 15.09.047 3. However, the provisions of this section shall prevail in cases where a conflict may arise between the requirements of the two (2) sections. B. Application and review process. The downtown design review process is administrative and 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 issuing a final decision, the planning 120 The Sicc 1. SUff OURElifig �b b- T4s Si4e— plwi; --;,;E)U!4 ta��e 'a +' :ate _-Rd the lay-ef4he4aFA- Cr, :z he site piste} sheigc-pxv v zcc aq openr 4- T1 •+ 1 h l.d .,.d.,+e elz;c 1aeeess mz PaFk4itg-iff + _ye+ .dees e+ allow+he e�.+.+m�+1..•is+o 4en4ame s�st�ai�e�r r o fire ..+e i---., _ h.. the a -- suffBUB .d' ..hhe.•h .,..d ,.,...d�...,..e The laadseape 1aa h lid fireOXistiElg Ravafa4 f ♦. �-07 r a the site. e- laadseape 1 h lid eBhs e, 4 ,. F - d e..+ +:e Tt jangseape -1 h l.d .d• ..+e the tiSe d'e r �e Y a-. T1 h •1 b +fi he fw_:,.+e vAAj'-+ hh l.ee.d -.le offal ode S;+., h l.d h E)F .,real +(, ..•.i e b pfi*aray of residents. 113 the hearing examiner's decision. The appeal shall be in writing to the city council and filed with the clerk. SECTION 59. Chapter 15.09 of the Kent City Code is amended by repealing Section 15.09.047 in its entirety as follows: See. ,I c 09 04:7 >`R. 16family design A- D, and ,- lvf 1+'f '7 .1 l :«:�+ r:,.e « the « r e 8 b« Yf e � r„ r„ l,acj.. .1 p' fl + 1 + g + + t r h plan, nx mukifaffi-4 4evelepm@13t fel..+;, a to site Ie, �n+� en l .7seape e eh4eetu e end � S to 'd YY ,,1; «+.. the r«f eip l aypee+a+:E)nS Of rl.e o sty---ReemiRg aililti€amily desigfi, eqd eaeaufage a 4ive_s4 o£ iFaagina4ve 1 ♦' s re .1e„ele««.enr thfeag4 the pl.,««:«g depaftnent ai}d applisatieii 99 e£iteayia Tl.e..e ..;+e..:., f 1 + a to impfeve the ElesigR, :r:na .i n err,,.,+:em coTc-toP:zzcxxa oo as co be eeffiva4ble, v y and eth@FA4Se, tvp vsz aPxao, open pace, is vaix "' 6 v ,l' + ff' l,'le rill r ,. .,Il.. .,l,le ale 3:+roc_+A be .,««l;e,l aEJaccacPzvpczciec8,Jxsiz Saa mutts aura b YY zzr-cr-Manner- eensisteizc wok established- 1;-4i}d- 44se—pelieies L, 1afi, this title, and :r,. ge ele n+ .,lc_ef+l.e 2 q: 4 ti f,l 4 1 n+ .,f toe e�t '�e..ulat:,. of lmd rcxczsacsprzmrvracSi•6£xz-Frweini-xo "' s vxcxzx z T b use, Whieh is StatutefilT n ppliG..+:en of t4e ..ult f4mily_ 'esig + the .1 a er„fir :.. a&pterl if; +h:c - on ,i ., ee+; -ie @Sta.liS e ,l + ti f„ „+; gele .,+e,l +e 440 Planniag ,de .,,-f,.,ent,.,,f..uaR. +,o DC--SAL Title .�l 9GA, l, f+ e fe. mr« .nleen+;«..o .,+1,,, ,« ltif...:1„ esignr f � pr-aeess, the a 116 l. Required findings. In order to modify or waive any multifamily transition area requirement. the planning director must find that all of the following criteria have been met: a. The proposal will accomplish the same or better protection of an abutting single-familv district from impacts of noise, traffic, light and other environmental intrusions caused by the multifamilv 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 lavout, size, scale, mass and provisions for screening and buffering. The 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 appiv to all mixed use with a residential component development: a. Some common recreation space roofs. terraces, indoor rooms, courtvards. 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 bav windows. d. The residential component should have an obvious generous entrance, within features suggesting a "front door' for example. a lobbv. trellis. gate, archwav or courtvard. 114 B. implication 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 citv administrator for review. Prior to making a final decision, the planning_director shall review anv 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 enlanation of the design review process. C. Multiple Familv Design Review. The planning department shall use the following criteria in the evaluation and/or conditioning of applications under the multifamily design review process: 1. 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 lav of the land. C. The site plan should provide an open space network which will accommodate a wide varietv of activities, both semipublic and private. d. The site plan should accommodate vehicular access and parking in a manner which is convenient, vet does not allow the automobile to dominate the site. C. The site plan should provide safe and convenient pedestrian circulation. 112 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Kent City Code Chapter 13.02 entitled "Fire Codes" to adopt the 1997 edition of the Uniform Fire Code. WHEREAS, as set forth in Title 13 of the Kent City Code, the City adopted the 1994 edition of the Uniform Fire Code; and WHEREAS, the 1997 edition of the Uniform Fire Code will be in effect statewide effective July 1, 1998 pursuant to Ch.19.27 RCW and Chapters 51- 44 and 51-45 WAC; and WHEREAS, pursuant to Ch.19.27 RCW, the 1997 edition of the Uniform Fire Code as adopted by the state applies to all cities, including the City of Kent, therefore, it is appropriate to amend the City code to adopt the same; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT. WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. Section 13.02.010 is hereby amended as follows: Sec. 13.02.010. Uniform Fire Code.--Adopted. The Uniform Fire Code, as currently enacted and as amended from time to time pursuant to Ch.19 27 RCWand the Sec. 13.02.030. Uniform Fire Code—Section 902.5. There is hereby added to the Fire Code, adopted in section 13.02.010, a new section to be designated as section 902.5 "Fire Lanes" as follows: "Sec. 902.5. Fire Lanes. (a) Definitions. The following definitions shall apply in the interpretation and enforcement of this section: 1. Fire lane: That area within any public right-of-way, easement, or private property designated provided, and maintained in accordance with this section for the purpose of permitting fire apparatus and other firefighting or emergency equipment to use, travel upon or park. 2. Park, parking, stop, stand or standing. Means the halting of any vehicle, other than an emergency vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or fire official, traffic control sign or signal. 3. Vehicle: A machine propelled by power other than human power designed to travel along the ground or rail by use of wheels, treads, runners or slides and transport persons or property, or pull machinery, and shall include. but not be limited to, automobile, truck, trailer, motorevcle, tractor, buggy, wagon and locomotive. (b) Requirements/standards. When required by the fire department, fire lanes shall be provided and maintained around facilities which by their size, location, design, or contents warrant access which exceed that normally provided by the proximity of city streets. Such fire lanes shall conform to the following: 1. Lanes shall conform to the requirements in section 902.5. 2. Vertical curbs shall be identified by a bright yellow six-inch wide stripe on the top and side extending the length of the designated fire i 3 subsections 902.5 b and (d). (e) Impound of illegally parked vehicles. In addition to the penalties provided for in subsection 4902.5 any vehicle improperly parked in violation of any of the provisions of this section shall be subject to impound; provided, however,that other than in the event of an emergency, no such vehicle shall be impounded unless the area where the improper parking occurs shall be adequately and suitably posted with signs advising that improperly parked vehicles are subject to impound. (f) Property owner responsibility. Fire lane markings shall be maintained at the expense of the property owners as often as needed to clearly identify the designated area as being a fire lane. The owner, manager, or person in charge of any property upon which designated fire lanes have been established, shall prevent the parking of vehicles or placement of other obstructions in such fire lanes." Sec. 13.02.040. Uniform Fire Code—Section 1003. Section 1003 of the Fire Code adopted in section 13.02.010 is amended as follows: "Sec. 1003.1. Automatic fire extinguishing system. (a) General. An automatic fire-extinguishing system shall be installed in the occupancies and locations as set forth in this section. 1. When additions, alterations or repairs cause a building to come within the requirements of this article, the building shall comply with those sections; provided, however, that when a church building is increased in size, the sanctuary, and only the sanctuary, may be exempt from the provisions of this section if: a. A heat and smoke detector system is installed with a twenty- four-hour supervised central, proprietary or remote station. The system and supervising station agency shall be approved by the chief, and b. The sanctuary for purposes of this section shall mean only one (1) side of the building. Openings shall have a minimum dimension of not less than thirty (30) inches. Such openings shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that fire fighting or rescue cannot be accomplished from the exterior. When openings in a story are provided on only one (1) side and the opposite wall of such story is more than seventy-five (75) feet from such openings, the story shall be provided with an approved automatic sprinkler system, or openings as specified above shall be provided on at least two (2) sides of an exterior wall of the story. If any portion of a basement is located more than seventy-five (75) feet from openings required in this section, the basement shall be provided with an approved automatic sprinkler system. 2. At the top of rubbish and linen chutes and in their terminal rooms. Chutes extending through three or more floors shall have additional sprinkler heads installed within such chutes at alternate floors. Sprinkler heads shall be accessible for servicing. 3. In rooms where nitrate film is stored or handled. 4. In protected combustible fiber storage vaults as defined in this code. (c) Group A occupancies. 1. Drinking establishments. An automatic sprinkler system shall be installed in rooms used by the occupants for the consumption of alcoholic beverages and unseparated accessory uses where the total area of such unseparated rooms and assembly uses exceeds five thousand(5,000) square feet. For uses to be considered as separated, the separation shall be not less than as required for a one-hour occupancy separation. The area of other uses shall be included unless separated by at least a one hour occupancy separation. I 2. Basements. An automatic sprinkler system shall be installed in 7 1. Stages or platforms open to the auditorium room on three (3) or more sides. 2. Altars, pulpits or similar platforms and their accessory rooms. 3. Stage gridirons when side-wall sprinklers with one hundred thirty-five (135) degrees Fahrenheit rated head with heat- baffle plates are installed around the entire perimeter of the stage except for the proscenium openings at points not more than thirty (30) inches below the gridiron nor more than six (6) inches below the baffle plate. 4. Under stage or under platform areas less than four(4) feet in clear height used exclusively for chair or table storage and lined on the inside with materials approved for one-hour fire-resistive construction. (d) Group M occupancies. An automatic sprinkler system shall be installed in as group M occupancies where the floor area exceeds twelve ten thousand (42 0994 1( 0.000] square feet 9H any 49ar-or*wei ty few tkeusaad (24,099) .ria or where the height exceeds three (3) stories in height. pursuant to Kent City Code 13.03. The area of mezzanines shall be included in determining the areas where sprinklers are required. (e) Group E occupancies. 1. Basements. An automatic sprinkler system shall be installed in basements classified as a group E occupancy when the basement is larger than one thousand five hundred (1,500) square feet in floor area. 2. Stairs. An automatic sprinkler system shall be installed in enclosed usable space below or over a stairway in group E occupancies. (f) Group H occupancies. 9 height or containing sixteen (16) or more dwelling units, in congregate residences three(3) or more stories in height and having an occupant load of fifty (50) or more and in hotels three (3) or more stories in height or containing twenty(20) or more guest rooms. Residential or quick-response standard sprinkler heads shall be used in the dwelling unit and guest room portions of the building." (i) Group LC. See Uniform Building Code. Sec. 13.02.050. Uniform Fire Code--Appendices adopted. Appendices II-F, II J and III-A of the Uniform Fire Code adopted in section 13.02.010 are hereby adopted. Sec. 13.02.060. Uniform Fire Code--Section 902.2. There is hereby adopted, by reference, section 902.2 through and including section 902.2.4.1 of the 4 -94 1997 edition of the Uniform Fire Code to be added as part of the Fire Code adopted in section 13.02.010. Sec. 13.02.070. Uniform Fire Code--Sections repealed. Sections 103.4.2, 103.4.3, 103.4.4 and 103.4.6 of the Fire Code adopted in section 13.02.010 are repealed. Sec. 13.02.080. Respowea Appeals. A. Appeals to the Hearine Examiner. In order to hear and decide appeals of orders. decisions or determinations made by the Building Official, Fire Chief. or Fire Marshal relative to the suitability of alternate materials and tvpes of construction and to provide for reasonable application and interpretation of the provisions of the Uniform Fire Code. the Citv of Kent Hearing Examiner is herebv designated as the board of appeals created pursuant to Section 103.1.4 the Uniform Fire Code adopted in Section L3.02.010 above. The City Hearing Examiner shall constitute the board of appeals for all matters concerning the application of the uniform codes cited in this section. The City Hearing Examiner, however, shall have no authoritv relative to interpretation of the administrative provisions of this code. B. Appeals to Superior Court. Appeals to the hearing examiner shall be made pursuant to Chapter 2.32 of the Kent Citv Code. The decision of the Hearing Examiner shall I 11 be final and conclusive unless within twenty-one (21) calendar days of the Hearine Examiner's decision an appeal is filed with the Superior Court. SECTION 2. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTIONS. This Ordinance shall take effect and be in force thirty (30) days from the time of its final approval_ and passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. L JBOVI CH, CITY ATTORNEY PASSED: day of 1998. APPROVED: day of 1998. 1"' 1. Division 1. An automatic fire-extinguishing system shall be installed in group H, divisions 1, 2, 3 and 7 occupancies. 2. Division 4. An automatic fire-extinguishing system shall be installed in group H, division 4 occupancies having a floor area of more than three thousand (3,000) square feet. 3. Division 6. An automatic fire-extinguishing system shall be installed throughout buildings containing group H, division 6 occupancies. The design of the sprinkler system shall be not less than that required under Uniform Building Code Standards, number 9-1 for the occupancy hazard classification as follows: Location Occupancy hazard classification Fabrication areas Ordinary hazard group 2 Service corridors Ordinary hazard group 2 Storage rooms without dispensing Ordinary hazard group 2 Storage rooms with dispensing Extra hazard group 2 Exit corridors Ordinary hazard group 2* * When the design area of the sprinkler system consists of a corridor protected by one (1) row of sprinklers,the maximum number of sprinklers that need be calculated is thirteen(13). (g) Group I occupancies. An automatic sprinkler system shall be installed in group I occupancies. EXCEPTION'S: In jails, prisons and reformatories, the piping system may be dry, provided a manually operated valve is installed at a continuously monitored location. Opening of the valve will cause the piping system to be charged. Sprinkler heads in such system shall be equipped with fusible elements or the system shall be designed as required for deluge systems in the Uniform Building Code Standards, number 9-1. (h) Group R. division 1 occupancies. An automatic sprinkler system shall be installed throughout every apartment house three (3) or more stories in 10 basements classified as a group A occupancy when the basement is larger than one thousand five hundred (1,500) square feet in floor area. 3. Exhibition and display rooms. An automatic sprinkler system shall be installed in group A occupancies which have more than twelve thousand (12,000) square feet of floor area which can be used for exhibition or display purposes. 4. Stairs. An automatic sprinkler system shall be installed in enclosed usable space beio)w or over a stairway in group A, divisions 2, 2.1, 3 and 4 occupancies. 5. Multitheater complexes. Every building containing a multitheater complex. 6. Amusement buildings. An automatic sprinkler system shall be installed in all amusement buildings. The main water-flow switch shall be electrically supervised. The sprinkler main cutoff valve shall be supervised. When the amusement building is temporary,the I sprinkler water-supply system may be of an approved temporary type. EXCEPTION: An automatic sprinkler system need not be provided jwhen the floor area of a temporary amusement building is less than one thousand (1,000) square feet and the exit travel distance from i any point is less than fifty (50) feet. 7. Other areas. An automatic sprinkler system shall be installed under i the roof and gridiron. in the tie and fly galleries and in all places i behind the proscenium wall of stages; over and within permanent platforms in excess of five hundred (500) square feet in area; and in dressing rooms, workshops and storerooms accessory to such stages I or permanent platforms. EXCEPTIONS: 8 that portion of the church used for worship services, and shall not include multipurpose rooms or facilities, or rooms or facilities accessory to the sanctuary. Prior to approval by the fire department, all automatic sprinkler systems designed with fifty (50) or more heads, excluding those designed for single-family and multifamily dwellings, shall be submitted to and reviewed by an approved agency for compliance with the current adopted Fire Codes. Approved agencies include, but are not limited to, Washington Survey and Rating Bureau, Factory Mutual, Industrial Risk Insurers, or other such agencies as approved by the chief. For provisions on special hazards and hazardous materials, see section 1001.5 and Articles 15, 48, 49 and 80. 2. Notwithstanding any other requirements of this section, this code, or any other code or ordinance to the contrary, any building containing more than twelve ten thousand r'� 10,000 square feet of floor area shall be equipped with an approved automatic sprinkler system, pursuant to Kent City Code 13.03. Area separation walls, as noted in section 504.6 of the Uniform Building Code. shall not be considered to separate a building to enable deletion of the required sprinkler system. (b) All occupancies except group R. division 3 and group U. Except for group R. division 3 and group U occupancies, an automatic sprinkler system shall i be installed: 1. In every story or basement of all buildings when the floor area exceeds one thousand five hundred (1,500) square feet and there is not provided at least twenty (20) square feet of opening entirely above the adjoining ground level in each fifty (50) lineal feet or fraction thereof of exterior wall in the story or basement on at least 6 lane. Minimum three-inch red lettering, which shall read "No Parking- Fire Lane," shall be placed every thirty (30) feet or portion thereof on the top and sides of the curb. 3. Rolled curbs or lanes without curbs shall be identified by a bright yellow six-inch wide stripe on the curb or pavement extending the length of the designated fire lane. Minimum three-inch red lettering, which shall read "No Parking - Fire Lane," shall be placed every thirty (30) feet or portion thereof on the top of the rolled curb or pavement. 4. Fire lane signs shall be installed per the following information: signs shall be metal. reflective in nature with red letters on a white background. Signs shall state "No Parking -Fire Lane." Signs shall be posted on or immediately next to the curbline or on the building. When posts are required, they shall be a minimum of two-inch galvanized steel or 4" x 4" pressure-treated wood. Signs shall be readily readable from at least a fifty-foot distance. Signs shall be posted no further than fifty (50) feet apart, nor shall they be more than nine (9) feet or less than seven (7) feet from the ground. Signs shall be placed so that ui-.y face the direction of vehicular travel. 5. Where fire lanes connect to city streets or parking lots, adequate clearances and turning radii shall be provided. All proposed plans shall have fire department approval. (c) Fire lane as part of driveways and/or parking areas. The fire department may require that areas specified for use as driveways or private thoroughfares shall not be used for parking. These areas when specified, shall be marked or identified by the two (2) means detailed in section�902.5 2. (d) Existing buildings. When the fire department determines that a hazard due to inaccessibility of fire apparatus exists around existing buildings, they may require fire lanes to be constructed and maintained as detailed in 4 Washington Administrative Code and as further amended in this chapter, is hereby adopted by reference as follows: A. The 1997 edition of the Uniform Fire Code including Appendix II-F. Protected Aboveground Tanks for Motor Vehicle Fuel - Dispensing Stations Outside Buildings, and Appendix II-J, Storage of Flammable and Combustible Liquids in Tanks Located Within Below-Grade Vaults, published by the International Fire Code Institute as amended pursuant to Ch. 51-44 WAC. B. The 1997 edition of the Uniform Fire Code standards as published by the International Fire Code Institute, as amended pursuant to Ch. 51-45 WAC. One (1) copy of the Fire sCode is on file in the eit�, elerk's 9 City Fire Marshal's Office. Sec. 13.02.020. Uniform Fire Code--Section 105.9. Article 4 of the Fire Code, adopted in section 13.02.010, is amended by adding a new section thereto, which shall be designated as section 105.9 and shall read as follows: Sec. 105.9. Permit Fees. The Fire Chief is authorized to prepare a schedule of fees applicable to fire permits and certificates hereafter issued, commensurate with the cost of administration and inspection involved in the processing, issuance and renewal of such permits and certificates. Any such schedule, when adopted by the city council by resolution, shall govern the amount of the fee for any permit or certificate, which shall be collected by the fire department as a condition to issuance or renewal. (a) Permits shall be valid for a twelve-month period and are renewable at [he end of that time. (b) All schools and churches shall be exempt from the fee requirements of this chapter, however, required permits shall be issued only after inspections are i performed and compliance is obtained. (c) Failure to pay for either an original permit or the required renewal within thirty (30) days of the notice date shall constitute a violation of this code." PUBLISHED: day of , 1998. I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the Citv_ of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P1LAWORDINANPfiredepcord.doc Kent City Council Meeting Date July 7. 1998 Category Consent Calendar 1. SUBJECT: 196TH STREET CORRIDOR - MIDDLE LEG - CONDEMNATION ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. , relating to eminent domain proceedings for the 196th Street Corridor. The City plans to contract with the Western Processing Trust to construct an earthen embankment fill on a portion of the Western Processing site as part of the 196th Street Corridor Project. This ordinance allows the City Attorney's Office to condemn the necessary property rights from the site ' s legal owner in order to complete this work. 3 . EXHIBITS: Ordinance, legal description may be added at meeting 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. 3P ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, providing for the acquisition of certain surface and/or aerial property and/or property rights in order to construct. extend, widen, improve, alter, maintain and reconstruct the City's South 196th Street Corridor lying generally between the intersection with West Valley Highway and the Union Pacific Railroad right-of-way; providing for the condemnation, appropriation, taking and damaging of such surface and aerial property rights as are necessary for that purpose; providing for the payment thereof out of the 196th Corridor Project Fund (Fund R-82); and directing the City le Attorney to prosecute the appropriate legal proceedings, on together with the authority to enter into settlements, stipulations or other agreements; all of said property located within King County, Washington. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, ORDAINS AS FOLLOWS: SECTION 1. After hearing the report of City staff, and after reviewing the planned improvements for the South 196th Street Corridor Project(the "Project"), the City Council finds and declares that the public convenience, use, health, safety and necessity demand that the City of Kent condemn, appropriate. take and damage portions of certain real property located in King County, Washington, in order to acquire the necessary surface and/or aerial property and/or property rights for the construction of the Project, including all necessary appurtenances. The property affected by this ordinance is legally described in Exhibit A. attached and incorporated by this reference (the "Property"). The purposes 1 condemned, and the acquisition of temporary construction easements and other property interests. SECTION 6. Any acts consistent with the authority and prior to the effective date of this ordinance are ratified and confirmed. SECTION 7. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. SECTION 8. This ordinance, being the exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect and be in force five (5) days after passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK ,I APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY l 3 PASSED the day of . 1998. APPROVED the_day of 1998. PUBLISHED the _ day of 1998. I hereby certify that this is a true and correct copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. BRENDA JACOBER, CITY CLERK P''1.A W�OBDINANCCONDEd07.196 I it I� I ti PARCEL NO. 25 WESTERN PROCESSING COMPANY That portion of the SE 1/4 of the NW 1/4 of Section 1, Township 22 North, Range 4 East, W.M., described as follows: BEGINNING at the intersection of the South line of the North 30 feet of the said SE 1/4, with the West line of the said SE 1/4; Thence South 88°40'30" East along said South line 405.33 feet to its intersection with the Westerly line of the Seattle-Tacoma Interurban Railway right-of-way; Thence South 1°00'30" West along said Westerly line 90.00 feet; Thence North 82°54'01" West 347.86 feet; Thence North 1°19'30" East 10.00 feet; Thence North 88°40'30" West 60.00 feet to the said West line of the SE 1/4; Thence North 1°39'45" East along said West line 45.00 feet to the POINT OF BEGINNING. EXCEPT that portion thereof lying within a strip of land 30 feet in width condemned for drainage ditch in King County Superior Court Cause Number 32912. Containing 25,850 square feet (0.64 acres) more or less. EXHIBIT 71662%9805.013 WP8 I i I it for which this condemnation is authorized shall include, without limitation, all acts necessary to complete the construction, extension, improvement, widening, alteration, maintenance and reconstruction of the Project, including improvements for drainage, curbs and gutters, sidewalks. bicycle paths, landscaping, illumination, signal improvements. electrical facilities, utilities, utility adjustments and relocations, and any other street or municipal purposes that may become necessary from time to time on the Property. SECTION 2. The City authorizes the acquisition by condemnation of surface and/or aerial property or --roperty rights over all or a part of the Property for the construction, extension, improvement, widening, alteration, maintenance and reconstruction of the Project, together with all necessary appurtenances and related work to make a complete improvemeni, according to City standards. i SECTION 3. The City shall condemn the Property only after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. SECTION 4. The City shall pay for the entire cost of the acquisition by I condemnation provided for in this ordinance through the City's "196th Street Corridor Project—Middle Leg" fund (Fund R-92) or from any of the City's general funds, if necessary, as may be provided by law. I SECTION 5. The City authorizes and directs the City Attorney to commence those proceedings provided by law that are necessary to condemn the Property. In commencing these condemnation procedures, the City Council authorizes the City i Attorney to enter into settlements, stipulations or agreements in order to minimize damages, which settlements, stipulations or agreements may include, but not be limited to, the amount of just compensation to be paid. the size and dimensions of the property it Kent City Council Meeting Date July 7 . 1998 Category. Other Business 1. SUBJECT: SCHOOL DISTRICT CAPITAL FACILITIES PLAN AMENDMENT 2 . SUMMARY STATEMENT: On February 3 , 1998, the City Council passed Ordinance No. 3393 which extended school impact fees for two years. On February 91 1998, the Public Works/Planning Committee declared an emergency and directed the Land Use and Planning Board to consider adoption of a Comprehensive Plan Amendment. At the May 26, 1998 meeting, the Land Use and Planning Board held a hearing and recommended that the Capital Facilities Plan element of the Kent Comprehensive Plan be amended to adopt the Capital Facilities Plans for the Kent and Federal Way School Districts. 3 . EXHIBITS: Staff memo, Land Use and Planning Board minutes, Kent and Federal Way Capital Facilities Plans, copy of relevant sections of the Comprehensive Plan pertaining to the annual update of the Capital Facilities Plans for School Districts 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 Ck seconds to approve -€y� the Land Use and Planning Board's recommendation that the Capital Facilities Element of the Kent Comprehensive Plan be amended to adopt by reference the Capital Facilities Plan for the Kent and Federal Way School Districts/ DISCUASION:� ACTION: Council Agenda Item No. 4A CITY OF Z �Q1M LS Jim White, Mayor Planning Department (253)859-33901FAX(253) 850-2544 James P. Harris, Planning Director MEMORANDUM July 7, 1998 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS. PLANNING DIRECTOR SUBJECT: SCHOOL DISTRICT CAPITAL FACILITIES PLAN AMENDMENT #CPA-98-1 The Growth Management Act authorizes local governments to collect impact fees for a number of capital facilities. including schools. On December 19, 1995, the Kent City Council adopted Ordinance #3260, which established a framework for the collection of school impact fees. One of the provisions in the ordinance requires the adoption of school district capital facilities plans as an element of the City's Comprehensive Plan, which was adopted on April 18, 1995. In order to implement Kent's authority to impose impact fees, the City Council adopted Ordinance 3281 (March 5, 1996), amending the Kent Comprehensive Plan to incorporate the Kent and Federal Way School Districts capital facilities plans as a sub-element of the Kent Capital Facilities Plan. The ordinance also established a base fee schedule for school impact fees as set forth in each school districts Capital Facilities Plan. On February 3, 1998, the City Council passed Ordinance 93393 extending school impact fees for two years. Staff will be available at the July 7 City Council meeting to discuss the proposed action and answer questions. This action requires that the City's Comprehensive Plan be amended to include the most recent updates to the Kent and Federal Way School Districts' capital facilities plans. On February 9, 1998. the Public Works and Planning Committee declared an emergency and directed the Land Use and Planning Board consider adoption of a comprehensive plan amendment. At the May 26. 1998 meeting, the Land Use and Planning Board (minutes attached) held a hearing and recommended that the Capital Facilities Plan element of the Kent Comprehensive Plan be amended to adopt the Capital Facilities Plans for the Kent and Federal Way School Districts. Staff recommends the City Council approve the Land Use and Planning Board's recommendation that the Capital Facilities Element of the Kent Comprehensive Plan be amended and to adopt by reference the Capital Facilities Plans for the Kent and Federal Way School Districts. p:cpa98 I m.doc _i -nb. �•.i �lP ul �n hb�l. �:�>In][ In n .� - I i.I IIUSI naO CITY OF ,Jim White, Mayor ------------ ---- Planning Department (253) 859-3390/F4X('53) 850-2.544 James P. Harris, Plannin.- Director LAND USE & PLANNING BOARD MINUTES Public Hearing May 26, 1998 The meeting of the Kent Land lase 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: .lames 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 I I I hi AI 11 A IIIAt,i, A - ! Plli AI :a.i 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 districts 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-,,ear 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 S48. 1. An increase in construction cost. with bids estimated at $9 million for Kent Elementary and Elementary School 430 with the high school bid at S I million under budget. 2. Tax credits have increased offsetting the cost. 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 Attornev with the City of Kent thanked Mr. Thueringer for his comments and addressed his concems. She stated that authorization for imposing impact tees 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 RC W 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 RC W. 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 I'_I') 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 vears. 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 7 "Summary of Proposed Updates to Title 15". He noted staffs 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 lI of the Zoning Code update will look at possible change or consolidation of those districts. Phase [I 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 af@ living quaAefLc is a single residential unit in a commercial or manufacturing building which afe is incidental to the commercial or manufacturing use." The purpose is to clarify this as a single unit. Mr. O'Neill referenced See. 15.04.130 Resource Land is ses 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 1 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, 4ZCA-98-1 Zoning Code Amendment Phase 1 with the recommendation to change the senior housing parking space requirements. Motion carried. 9ZCA-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 Mav 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 identif}, 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 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 staffs recommendation to approve and send to the Council, 9ZCA-98 '/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 provisions 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 staffs recommendation for 4ZCA-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. ' .cConnell'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. Harris 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, Jam P. Harris Se etary U IUSERDATAALUPBAMINUTES\98526MIN DOC 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 staff s 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 8 the survey indicated that our parking standards were fairly consistent with other jurisdictions with the exception of senior housing. Specific standards allowed for one parking space per two units. The City of Kent allows for one space per four dwelling units. Mr. O'Neill said that staff would like the Board to consider an amendment to Kent's senior housing parking standards to bring it in line with one parking space per two dwelling units. Mr. O'Neill indicated the one change in Sec.15.06. Sign Regulations regarding a height change for freestanding signs in the downtown district. Mr. O'Neill said the only substantive change in Sec.15.07 Landscaping Regulations is the addition of language to tie in the zoning code landscaping requirements with public works construction standards and consolidating existing standards. Mr. O'Neill spoke at length on Sec.15.08 "General and Supplemental Provisions", referring to this section as a catchall for several different substantive issues Mr. O'Neill said that staff recommends revising Sec. 15.08.230. "Solar access setback—Purpose" as a design guideline as opposed to a regulatory provision. He said that staff is recommending changes to Sec. 15.08.300 "Zero lot line development-Authorized" to bring setback standards into alignment with other changes. Staff further recommends that the Planned Unit Development (PUD) section be moved from Chapter 15.04 to Chapter 15.08 as a Pt'D is a process for review rather than a typical zoning district. Mr. O'Neill said Chapter 15.09 "Administration" is a consolidation of three administrative review processes into one section. Mr. O'Neill stated that Sec. 15.09.055. Zoning of Annexed Lands brings the code up to date in terms of how annexation-zoning issues have been handled by the Land Use and Planning Board and predecessors on the Planning Commission. Mr. O'Neill explained that Sec. 15.09.065 "Interpretation of uses" has been added as a new section to include language on how that the Planning Director would interpret specific uses. Mr. O'Neill submitted for the record a letter from Elizabeth Warman, local Government Affairs Manager, The Boeing Compam, Seattle, WA as Exhibit 1. Steve Dowell MOVED and Jon Johnson SECONDED a motion to close the public hearing. Motion carved. Board member Tern Zimmerman concurred with staffs recommendation to change senior housing parking requirements to one parking space per two dwelling units. Terry Zimmerman MOVED and Steve Dowell SECONDED a motion to change the senior housing parking requirements from one per four units to one per two units. Motion carried. 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 staff s recommendation #CPA-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 Citv'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 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 Wav School District several years a�_,o. • The new plan is based on current negotiated site costs of S-15.000 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 vears ago and was resisted by the citizens of Kent, developers and realtors. The proposal failed. Mr. Thueringer explained that a group was formed by Chamber of Commerce to study the impact of school impact fees on the residential market in Kent. i:e 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 C,. .�itv. He explained that even though the chambers presented their reports before the Council in op .ttion 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 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 256`h 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 $1 1.400 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 lev% would be 49 percent and the State match would be 27 percent. CAPITAL FACILITIES PLAN 1998-1999 - 2003-2004 4& 01 KENT SCHOOL DISTRICT No. 415 Kent, Covington, Auburn, Black Diamond, Renton, SeaTac, Washington APRIL 1998 Summary of Changes to April 1996 Capital Facilities Plan The Capital Facilities Plan is updated annually based on previous Plans in effect since 1993. The primary changes from the April 1996 Plan are summarized here. Maps of the District have been updated to reflect changes. Kentlake High School has been added and Kent Learning Center is now at the Grandview Elementary site. Elementary 27a and Elementary 29 are under construction with opening scheduled for January and September, 1999 respectively. Elementary 30 is in the planning process and planning for Junior High #8 will commence during the 1998-99 school year. Some program changes are reflected in changes to capacity. Capacity for future elementary schools has increased. Changes in portables or transitional capacity reflect purchase, sale, surplus and/or movement of portables between facilities Permanent and temporary facility costs and average site cost per acre have been adjusted to reflect changes. State match and tax credit factors are updated annually. Stucent enrollment forecast is updated annually The student generation factor survey was updated last year to reflect developments added or deleted. Changes reflect no adjustment fer occupancy and exclusion of studio apartments per agreement with members of the development community. Surrey data is included as appendix E Changes tc Impact Fee Calculation Factors include IT_M crade�7ype FROM TO Comments 1 ZQ6 1998 'Student Generation Factor E!ern 0 499 0 512 See Detail in Plan Single Family (SF) 'r 202 0.138 Sr 4E 0140 Total S 3415 0 340 Student Generation Factor =iem 23- 0 235 See detail,n Plan Multi-Family (MF) Jr 0081 0.080 Sr 0 c63 0.062 Total C 31 0 377 State Match 54 92% 55,54% Per SPI Boeckh Index (Cost per square foot) S92 02 $97.23 Per SPI Average Assessed Valuation SF S137.521 $149,635 Per Puget Sound ESD AV- Average of Condominiums 8 Apts. MF $45,992 548,992 Per Puget Sound ESD Debt Service Tax Rate $2 31 S2.97 Per King County Assessor General Obligation Bond Interest Rate 5 38% 5.19% Market Rate Impact Fee - Single Family SF S3.57 5 S3.744 I Impact Fee - Multi-Family MF S1,936 S1.86a <ent School Cistnct Six-wear Capital Facilities Plan DRAFT April, 1998 Kent School District No. 415 Six-Year Capital Facilities Plan 1998-1999 - 2003-2004 April 1998 For information on the Plan, please call the Finance & Planning Department at (253) 813-7295. Capital Facilities Plan Contributing Staff Gwenn Escher, Community Planning Administrator Clint Marsh, Director of Facilities Edith Wheeler& Kathy Metzener, Facilities Department DRAFT Apnl, 1996 I Executive Summary This Six-Year Capital Facilities Plan (the "Plan") has been prepared by the Kent School District (the "District") as the District's facilities planning document, in compliance with the requirements of Washington's Growth Management Act, King County Code K.C.C. 21A.43 and Cities of Kent, Covington and Auburn. This annual plan update was prepared using data available in the spring of 1998 for the 1997-98 school year. This Plan is consistent with prior long-term capital facilities plans adopted by the Kent School District. This Plan is not intended to be the sole planning document for all of the District's needs. The District may prepare interim and periodic Long Range Capital Facilities Plans consistent with Board Policies, taking into account a longer or shorter time period, other factors and trends in the use of facilities, and other needs of the District as may be required. Any such plan will be consistent with this Six-Year Capital Facilities Plan. The Kent School District Capital Facilities Plan has been adopted by Metropolitan King County Council and Cities of Kent and Covington and included in the Capital Facilities Plan element of the Comprehensive Plans of each jurisdiction. An impact fee implementing ordinance for the unincorporated areas was effective September 15, 1993. A similar ordinance for the City of Kent portion of the District was effective in March, 1996, In order for impact fees to continue to be collected, all jurisdictions must also adopt this plan update. The Plan has also been submitted to the Cities of Auburn, Black Diamond, Renton and SeaTac. A financing plan is included in Section V I I I which demonstrates the District's ability to implement this Plan. This Capital Facilities Plan establishes the District's "standard of service" in order to ascertain the District's current and future capacity. While the State Superintendent of Public Instruction establishes square footage guidelines for capacity, those guidelines do not account for the local program needs in the District. The Growth Management Act, King County and City codes and ordinances authorize the District to make adjustments to the standard of service based on specific needs of the District. In general, the District's current standard provides that class sizes for grades K - 3 should not exceed 26 students, class size for grades 4 - 9 should not exceed 29 students, and class size for grades 10 - 12 should not exceed 31 students. (See Section I I I for more specific information.) (continued) Kent Schad Distnct Six-Year Capital Facilities Plan DRAFT I2&6 m ea April, 1998 Page 2 I I Six - Year Enrollment Projection For capital facilities planning, growth projections are based on student yield from documented residential construction projected over the next six years. With a few notable exceptions, the expectation is that enrollment increases will occur District-wide. District projections are based on historical growth patterns combined with continuing development of projects in the pipeline dependent on market and growth conditions. (see Table 2) The student generation factor as defined on the next page, is the basis for the growth projections from new developments.The District will continue to track new development activity to determine impact to schools and monitor conditions to reflect adjustments in this assumption. The six-year enrollment projection anticipates significant enrollment growth from new development currently in some phase of planning or construction in the district. The King County live births and the District's relational percentage average were used to determine the number of kindergartners entering the system. Through the ten-year period, the percentage increases ranged from a low of 8.43% in 1987 to a high of 9.51% in 1991. (see Table i) Based on 1997 percentage, 8.44% of King County live births is equivalent to the number of students projected to enter kindergarten in the district for the next six-year period. (see Table 2) Early Childhood Education students (formerly identified as "Preschool Special Education [SE] or handicapped") are calculated and reported separately on a .5 FTE basis. The first grade population is traditionally 7 - 8% larger than the kindergarten population due to growth and transfers to the District from private kindergartens. Information on new residential developments and the completion of these proposed developments in all jurisdictions may be considered in the District's future analysis of growth projections. Within practical limits, the District has kept abreast of proposed developments. The Kent School District primarily serves four permitting jurisdictions: unincorporated Metropolitan King County, the Cities of Kent, Covington and Auburn. The Lake Sawyer area has recently been annexed to the City of Black Diamond and the western portion of the district includes a small portion of the City of SeaTac. (continued) Kent School District six-Year Capital Facilities Plan April, 1998 Page 4 m$ Q) O V 0 CD 0) (o �O N aD 0) V N -7 px O a rn o r o 0 C)o (M 0) o m 04 V co (n co a0 r• N r N N N N N N r r r r r r Ln OD � N Cn o N N r N 2 CO C14V N N CO Nn n C N a O / 1! O O) N N co (n CD r O O 0) m 0) 0) (3) 0) CO (D V (D O _ r N CD r N r N r r r r r r r r V V � Q N 9 U') j o to LO r a) ch Q CO (0 fh IA co r- O y r t` r r (n r N O N V 0) (D r CD co N p x (D CA 0) O O O 0) CO 0) Ol CO r` (D V Cl) ti cD qy (( > N N r N CO r r N r N r r r r r r r r N CO ip V 0) CO CD U) m O N 0) (7 Cx) m co M V W a 11 II LL Q) (� (� O fD f� (D V O r V CD O O1 f�1 Ol O 1, N u W Q )n 0) 01 m Of m CO 0) CD CO CO (D N C) r r O c Ili H c r N r r r r r r r r r r r r r N m N N O � a - C) n o O r` CO N 0) r` r CD (D 0) r N M r co g F Q) N r (1 r V r\ M O N r O r O V (o OD ^ V • � _: p 0) O O O 0) 0) (D O CO r` r In M O u� c r N Oj r N N r r r r r r r r r r N Co cp ar A c y • O • N N u r7 0) CO O r r N t` O D O a0 O of = _ } V N N N O Kl CDr CO N 0) (o O O co M 'S c r � V Q) CD O 0) O m cor (D to V N CV r IT u) u V Q r N 6r N r r r r r r r r r r r N co Z (n Cb v c 0) — N N CD O , C 2 Ln V V cD r (D (h N N O O (o co 04 y (C .0 U F co-OD Q1 O m Q) m f` t` to (o V V N N N (n U '0 TS m W 0) r r r r r r r r r r r r r N r V i • L (D O r CN O ^ e O N (n v M N Q) (n (D V' Q7 r (D R QI Y v) Q� ( (n a ry rl O D co In O) _oD O NQ y > c m LL Q Z r r00r r r N C7 N = d H r S W E g E o L c N W n o 0) 0) r O O 0) N O CO (D m m co V M m OD Q1 CD In CO r C'1 Q) to o CO RJ N r N r V d N .I �.., Q O f` f` r` (D In In LO m V V cn N O cnCOO a p�� Z r co r r r r r r r r r r r r N r N `p r` pl • Q UJ U a Y Q 00 r 0) (D (x) r m p o (o (D O v N IT O v ' O g � C M 7 rI N >. K U CO O 0) r M M N O t` Cl)(•) Q) L (D f` cc In In V V C7 m V V N M O O mco CO N Y V r c 0 a` U Ul L c to C7 O r N c+) to O (n (n V r-- m to m `o CO : cD l7 O 0) N (D r r-- In Cl) IT 0) 0) co IT 0) O O j d O V (1') (A to V V cl N M (7 (•) mV N r r r r r r r r r r r r r r rco CD (D C U �n N E r y v o a•i o c = w a e . n d w v m L . H • CL ° C m d a g' _> m C10 a) U) a ° cc3 0 c m m r N M IT In CD r- co O W c > E B 3 $ CD o O � a a a a o t N m m m m m m m m m m co H Cc � 2o aO b L u rn 'c III Current Kent School District "Standard of Service" In order to determine the capacity of the District's facilities, the King County Code refers to a "standard of service" that each school district must establish in order to ascertain its overall capacity. The standard of service identifies the program year, the class size, the number of classrooms, students and programs of special need, and other factors determined by the District which would, in the District's judgment, best serve its student population. This Plan includes the standard of service as established by Kent School District and as affirmed by the Kent School District Citizens' Concurrency Task Force. Relocatables included in the capacity calculation use the same standard of service as the permanent facilities. (see Appendix A, B s C) The standard of service defined herein may change significantly in the future. Kent School District is currently involved in a long-term strategic planning process which may affect aspects of the District's "standard of service". Future changes to the standard of service will be reflected in future capital facilities plans. Current Standards of Service for Elementary Students Class size for grades K - 3 should not exceed 26 students. Class size for grades 4 - 6 should not exceed 29 students. Program capacity for regular education classrooms is calculated at an average of 27 students per classroom because there are four grade levels at K - 3 and fluctuations between primary and intermediate grade levels (i.e. Third 1 Fourth grade split classes, etc.). Students may be provided music instruction and physical education in a separate classroom or facility. Students may have scheduled time in a special computer lab. Special Education for students with disabilities may be provided in a self- contained classroom with a capacity of 10-15 depending on the program. (00htlnUed) Kent School Disbn Sbc-Year Capital FacdAies Plan DRAFT Apnl, 1998 Page 8 fit Current Kent School District "Standard of Service" (continued) Identified students will also be provided other education opportunities in classrooms for programs designated as follows: Computer Labs English As a Second Language (ESL) Integrated Programs & Resource Rooms (for special remedial assistance) Preschool and Daycare Honors (Gifted) and Advanced Placement Programs Basic Skills Programs Traffic Safety Education JROTC - Junior Reserve Officers Training Corps Variety of Technical & Applied Programs (Vocational Education) i.e. Home & Family Life (Cooking, Sewing, Child Development, etc.) Business Education (Keyboarding, Accounting, Business Law, Sales & Marketing, etc.) Woods, Metals, Welding, Electronics, Manufacturing Technology, Auto Shop, Commercial Foods, Commercial Art, Drafting & Drawing, Electronics, Careers, etc. Many of these programs and others require specialized classroom space which can reduce the permanent capacity of the school buildings. In addition, an alternative home school, choice and transition program is provided for students in grades 2-12 at Kent Leaming Center. Space or Classroom Utilization As a result of scheduling conflicts for student programs, the need for specialized rooms for certain programs, and the need for teachers to have a work space during their planning periods, it is not possible to achieve 100% utilization of regular teaching stations. Based on the analysis of actual utilization of classrooms, the District has concluded that the standard utilization rate is 95% for elementary schools and 85% for secondary schools. In future, the District will continue close analysis of actual utilization. Kent School District Citizens' Concurrence Task Force The Kent School District Board of Directors appointed a Citizens' Concurrency Task Force, made up of a cross section of the community, to assist in defining the District's Standard of Service. To accomplish this task, the Task Force was directed to study Kent School District enrollment history and projections, demographics and planned new developments, land availability for new schools, facility capacities and plans, frequency of boundary changes, and portable (relocatable) vs. permanent facility issues. A meeting for public input was conducted and the Final Report of the Citizens' Concurrency Task Force was approved by the Board of Directors on March 10, 1993. (continued) Kent School District six-Year Capital Facilities Plan DRAFT , Apnl, 1998 Page 10 I V Inventory and Capacity of Existing Schools Currently, the District has permanent program capacity to house 25,145 students based on the District's Standard of Service as set forth in Section I I I. Required relocatable capacity for 243 students brings the total capacity to 25,388. The first school day of October is set by OSPI as the enrollment count date for the year. Full Time Equivalent (FTE) student enrollment for October 1, 1997 was 24,618 with kindergarten and Early Childhood Education students (preschool special education or handicapped) counted at .5 and excluding College-only Running Start FTE's. (see rabies 5& 5 A-s.c) A headcount of all students enrolled on October 1, 1997 totals 25,798 which ranks Kent School District as the fourth largest district in the state of Washington. The breakdown at each grade span is as follows: 1997 - 1998 Permanent ReIocatable Total 1997 - 1998 Current Capacity Capacity Capacity 'FTE Enrollment ••Intlueinq Easy CniwnmC Eoucauon stueenn; 5 FTE Senior High 5,772 0 5,772 5,259 Junior High 6,123 0 6,123 5,803 Elementary 12,834 243 13,077 13,453 Kent Leaming Center 416 0 416 103 District Total 25,145 243 25,388 24,618 FTE = Full Time Equivalent students with kindergarten&Early Childhood Education students at.5 (PM FTE enrollment without Early Childhood Education preschool students is 24,561.22. Headcount is 25,798.) Early Childhood Education (ECE)was previously known as the'Special Ed Preschool' program or 'Preschool Handicapped' program. Included in this Plan is an inventory of the District's schools by type, address and current capacity. (see Table 3 on Page 13) Kent Learning Center replaced the alternative high school program previously known as Kent West. This special program serves grades 2 through 12 and is located in the former Grandview School in the western part of the District. It was designed and is currently configured as an elementary school. Calculation of Elementary, Junior High and Senior High School capacities are set forth in Appendices A, B and C on pages 30 and 31. A map of existing schools is included on Page 14. Kent School District Six-Year Capital Facilities Plan DRAFT April, 1998 Page 12 © § \ _ / /} z � U o 0 / f cmE 2 E 3 . \ G a) E _ = w 2 .§ _ 0 2 2 2 $ > 2 4 _ 7f 6 ¥ § 7 2 / 3 k 2 ( ' 7 / a f CM o ) n } / J| ;. CL U ' �0 0- �! ! ;7 > 2c U )� \ u 2 , �2 \)e :) $! - �/ - ■ 3S_me } \ \ 2 ! _—. e \� \_ _) e/\ 3S q ® F 7 \ \ LO » - - d ■ ! \ ) .\ \} 0 ~ \ \ e,! e $ G _ _QOH __ G I ; ]f !!t 2 0 2 lid ' U / - _ ¥ � !z 7� Kent Schcdoistncts r ram Facilities An eRE Apnl, ,998 RaW 14 X IL F6 < 411 '\= s ) 11 t 1 1 Y x X dt- VI _. SSE ie za `. . 't '-'eu TERSMff r. tA7 . E •• • E {" r r rw .• ' „• E I ' I ''7'a�::<�.`:Z'..��: • Y.. � �, a dl�r KENT SCHOOL DISTRICT No. 415 1 �.• 6�Ffr�� �, ' Lair � � Sites Acquired or Under Construction S : Senior High site J •- = J c Junior High she f E = Elementary site • ^- X = Support Facility she �"" ' t •y Map caace: K9V Camty PWVWV A Cammuntty Derelopr ,, DrAs= "�`~• Slle idenViiatan by Kent school Dtstnct Kent School District Six-Year Capital Facilities Plan DRAFT ADnI, 1998 Pace 17 V The District's Six-Year Planning and Construction Plan At the time of preparation of this Plan in spring of 1998, the following projects are currently underway in the District: • Elementary #27a is under construction at the southeast comer of Meeker and 64th Avenue S. near downtown Kent. The school is scheduled to open in January 1999, The current plan is for the students, staff and programs currently at Kent Elementary to move to the new location at that time. • The site for Elementary #29 is under construction at the northeast comer of SE 216th Street and 117th Avenue SE. The school is scheduled to open in the fall of 1999. • Site acquisition is in progress for Elementary#30 which is in the planning stages and scheduled to open in the fall of 2000. School service areas may be adjusted for the opening of these new schools to equalize enrollment population district-wide. • Junior High #8 is under review to fill future needs for grades 7 through 9. Potential sites for future facilities are listed in Table 4 and shown on the site map on page 17. • Glenridge Elementary (#28) and Northwood Junior High (#7) opened in the fall of 1996. Kentlake Senior High opened in the fall of 1997 Each of these schools combine with portables to continue to provide capacity for increases :o enrollment from new development. Each of the elementary schools have capacity planned for approximately 540 students each, depending on placement of special programs. Junior high schools are planned for a program capacity of approximately 1,000 students and Kentlake Senior High (#4) has a current program capacity of 1,648. County and city planners, decision makers and school districts are encouraged to consider safe walking conditions for all students when reviewing applications and design plans for new developments. This should include sidewalks, pull-outs and turn arounds for school buses. Included in this Plan is an inventory of projects by type, size, location or region, and estimated completion date. Also included in the inventory are sites identified by the District which are potentially acceptable site alternatives in the future. (See Table 4) The voter approved 1990 Bond Issue for S105.4 million included funding for the purchase of eleven sites for some of these and future schools, and the sites acquired to date are included in this Plan. Not all undeveloped properties meet school construction requirements and some property may be traded or sold to meet facility needs. Based on voter approval of $130 million in construction funding in February, 1994, elementary schools # 29 and # 30 are the last two to be constructed which have received voter approval. The Citizens' Facilities Planning Committee will reconvene to review future needs and make a recommendation to the Board for a future bond election for capital projects. Kent School District six-Year capital Facilities Plan DRAFT , »,�.�� April, 1998 Page 15 KENT SCHOOL DISTRICT INVENTORY and CAPACITY of EXISTING SCHOOLS 1997-98 Year SCHOOL Opened ABR ADDRESS Program Ca ad Came"Crest Elementary 19W CC 18235-140th Avenue SE, Renton 98058 539 Cedar Valley Elementary 1971 CV 26500 Tlmb rune Way SE, Covington 98042 462 Covington Elementary 1961 CO 17070 SE Wax Row. Covington 98042 5W Crestwood Elementary 19w CW 25225-180th Avenue SE, Covington 98042 487 Daniel Elementary 1992 DE 11310 SE 248th Street, Kent 98031 479 East Hill Elementary 1953 EH 9825 S 240M Street, Kent 98031 462 Fainwood Elementary 1989 FW 168M-148M Avenue SE, Renton 98058 AM Gkenridge Elementary 1996 GR 19405-120M Avenue SE, Renton 98058 539 Grass Lake Elementary 1971 GL 28700-191st Ptaoe SE, Kent 96042 481 Horizon Elementary 1990 HE 27641 -144th Avenue SE, Kent 98042 490 Jenkins Creek Elementary 1987 JC 26915-186th Avenue SE, Covington 98042 484 Kent Elementary 1938 KE 317-4th Avenue South, Kent 9W32 245 Lake Youngs Elementary 1965 LY 19660-142nd Avenue SE, Kent 98042 590 Martin Sonun Elementary 1987 MS 12711 SE 248th Street. Kent 98031 513 Meadow Ridge Elementary 1994 MR 27710- 108th Avenue SE,Kent 98031 506 Mendian Elementary 1939 ME 25621 - 140th Avenue SE, Kent 98042 564 Neely-O'Bnen Elementary 1990 NO 6300 South 236th Street. Kent 9W32 4W Panther Lake Elementary 1938 PL 20a31 -108th Avenue SE, Kent 98031 425 Park Orchard Elementary 1963 PO 11010 SE 232nd Street, Kent 98031 506 Pine Tree Elementary 1967 PT 27825-118th Avenue SE, Kent 98031 564 Ridgewood Elementary 1987 RW 18030-162nd Place SE, Renton 98058 564 Sawyer Woods Elementary 1994 SW 31135 228th Avenue SE, Kent 98042 539 Scenic Hill Elementary 196C SH 26025 Woodland Way South, Kent 9W31 487 Soos Creek Elementary 1971 SC 12651 SE 218th Place, Kent 9W31 465 Springtxook Elementary 1969 SB 20035- 100th Avenue SE, Kent 96031 455 Sunnce Elementary 1992 SR 22300- 132nd Avenue SE, Kent 98042 564 Elementary TOTAL 12,834 Cedar Heights Junior High 1993 CH 19640 SE 272 Street, Covington 98042 1,011 Kent Junior High 1952 KJ 620 North Central Avenue, Kent 98032 826 Mattson Junior High 1981 MA 16400 SE 251st Street, Covington 98042 827 Meeker Junior High 1970 MK 12600 SE 192nd Street. Renton 980558 897 Mendian Junior High 1958 MJ 234W-120th Avenue SE. Kerr( 98031 769 Northwood Junior High 1996 NW 17007 SE 184th Street, Renton 98058 994 Sequoia Junior High 1966 Si 11000 SE 264th Street, Kent 98031 799 Junior High TOTAL 6,123 Kerdake Senior High School 1997 KL 21401 SE 300th Street, Kent 98042 1,648 Kent-Meridian Senior High 1951 KM 10020 SE 25M Street, Kent 98031 1,487 Kerltrdge Senior High 1968 KR 12430 SE 208M Street, Kent 98031 1,290 Kentwood Senior High 1981 KW 258M-164th Avenue SE, Covington 98042 1,338 Senior High TOTAL 5,772 Kerr(Leamirg Center(Grandview) 1965 LC 22420 Military Road, Des Moines 98198 416 DISTRICT TOTAL 25,145 Kerr(School Distinct Sat-Year Capital Facilities Plan Table 3 ORAFT .aw..As Apnl, 1998 Page 13 III Current Kent School District "Standard of Service" (oontinued) The Final Report of the Citizens' Concurrency Task Force included Findings and Recommendations and provision for the following long term goals: A. Seek to reduce classroom utilization rates to allow more flexibility on the building level. B. Seek to lower average class size from that established for the 1992-93 school year. C. Seek to minimize boundary changes. D. Ensure that new permanent facilities are designed to accommodate portables: 1) to resolve current quality concerns 2) to provide for sites for portables to meet increased demand. E. Pursue modernization of current permanent facilities to resolve current quality concerns and to provide for additional sites for portables to meet increased demand. F. Pursue modernization or replacement of current portables to resolve quality concerns. G. Ensure that new portables meet current concerns of quality. H. Ensure that all sites for portables be modernized and utilities be installed to meet quality concerns. I. The quality of facilities, when using relocatable facilities, is a major concern of citizens of the Kent School District. Use of relocatable and transitional capacity as well as more specific concerns and recommendations by the Task Force are further discussed in Section V I of this Plan. The Task Force also states that it has reviewed and accepted the explanation of methodology and the conclusions reached in the enrollment Forecasting System report and recommends that methodology not be changed without Board approval. Kent School District Six-Year Capital Facilities Plan DRAFT April, 1998 Page 11 III Current Kent School District "Standard of Service" (continued) Identified students will also be provided other educational opportunities in classrooms for programs designated as follows: English As a Second Language (ESL) ECEAP & Headstart (Early Childhoon Education Assistance Programs) Integrated Programs & Resource Rooms (for special remedial assistance) Education for Disadvantaged Students (Title I) Gifted Education Other Remediation Programs Learning Assisted Program (LAP) School Adjustment Programs for severely behavior-disordered students Hearing Impaired Mild, Moderate and Severe Developmental Disabilities Developmental Kindergarten Early Childhood Education (3-4 yr. old preschool handicapped students) Some of the above special programs require specialized classroom space, as well as music and physical eaucation classrooms, computer labs, etc.; thus, the permanent capacity of some of the buildings housing these programs is reduced. Some students, for example, leave their regular classroom for a short period of time to receive instruction in these special programs and space must be allocated to serve these programs. Some newer buildings have been constructed to accommodate most of these programs; some older buildings have been modified, and in some circumstances, these modifications reduce the classroom capacity of the buildings. When programs change, program capacity fluctuates and is updated annually to reflect the change in program and capacity. Current Standards of Service for Secondary Students The standards of service outlined below reflect only those programs and educational opportunities z,ovided to secondary students which directly affect the capacity of the school ouildings. Class size for grades 7 - 9 should not exceed 29 students. Class size for grades 10 - 12 should not exceed 31 students. Special Education for students with disabilities may be provided in a self- contained classroom with a capacity of 10-15 depending on the program. (continued) Kent School Dismct Sot-Year Capital Facilities Plan DRAFT ,.... .,, Apnl, 1998 Page 9 KENT SCHOOL DISTRICT No. 415 SIX -YEAR ENROLLMENT PROJECTION ACTUAL P R O J E C T 1 O N 1997 1998 1999 2000 2001 2002 2003 King County Live Births ' 23,049 22,330 21,972 21,817 21,573 22,395 23,079 ' Increase/Decrease 250 -719 -358 -513 -244 822 684 Kindergarten /Birth % = 8.44% 8.44% 8.44% 8.44% 8.44% 8.44% 8.44% I Early Childhood Educalion®.5 44 57 68 77 87 98 110 Kindergarten FTE 9 .5 973 943 927 921 910 945 974 Grade 1 2,085 2,039 1,989 1,986 1,922 1,903 1.967 Grade 2 2,195 2,123 2,142 2,121 2,066 2,005 1,980 Grade 3 2.060 2,260 2,226 2.274 2,11 2,149 2,082 Grade 4 2,066 2,091 2.2 2,358 2,354 2,284 2.226 Grade 5 2,028 2,146 2,194 2,495 2.438 2,437 2,361 Grade 6 2,036 2,056 2,249 2.290 2,575 2,521 2,514 Grade 7 1,982 2,031 2,131 2,345 2,347 2,633 2,576 Grade 8 1,936 1,998 2,106 2,227 2,402 2,405 2,688 Grade 9 1,931 1,939 2,073 2,202 2,284 2,460 2,460 Grade 10 1,978 1,963 1,995 2,145 2,245 2,328 2,502 Grade 11 1,797 1,813 2,019 2.067 2,188 2,289 2,370 Grade 12 1,507 1,645 1,869 2.091 2.110 2.232 2,331 Total Enrollment 24,618 25,104 26,351 27.599 28,129 28,689 29,141 NOW 3 Yearly Increase 774 486 1,247 1,248 530 560 452 Yearly Increase % 3.25% 1.97% 4.97% 4.749% 1.92% 1.99% 1.58% Cumulative Increase 774 1,260 2,507 3.1-55 4,285 4,845 5,297 Full Time EQuivalent(FTE) 24,618 1 25,104 26,351 1 27.599 1 28.129 1 28,689 1 29,141 ' Projection through 2001 is King County actual live births and remainder is forecasted live births from trend data. 2 Kindergarten FTE enrollment projection at-5 is calculated by using the Districts past 5-year weighted average of kindergarten enrollment compared to King County live births 5 years eanier (ECE = Preschool Handicapped program) 3 Oct 97 Full time equivalent(FTE)w/Early Childhood Education 8 Kindergarten at.5 8 excluding Running Start=24.618. Oct. 97 Individual student headcount=25,798 students. E1em., Kindergarten 8 ECE Q HdCt+Secondary FTE=25,621. G R O W T H P R 0 J E C T 1 0 N S - Adjustments for current economic factors For facilities planning purposes, this six-year enrollment projection anticipates significant enrollment growth from new development currently in some phase of planning or construction in the district. Kent Scnool District Six-Year Capital Facilities Plan Table 2 DRAFT A FpiiEpus Apnl, 1998 Page 7 I I Six - Year Enrollment Projection (Continued) STUDENT GENERATION FACTOR "Student Factor" is defined by code as "the number derived by a school district to describe how many students of each grade span are expected to be generated by a dwelling unit" based on district records of average actual student generated rates for developments completed within the last five years. Following these guidelines, the student generation factor for Kent School District is as follows: Single Family Elementary .512 Junior High .188 Senior High .140 Total .840 Multi-Family Elementary .235 Junior High .080 Senior High .062 Total .377 The student generation factor is based on a survey of 2,525 single family dwelling units and 3,092 multi-family dwelling units. There was no adjustment for occupancy and studio apartments were excluded. Please refer to Appendix E on Page 33 for details of the Student Generation Factor survey. The actual number of students in those residential developments was determined using the District's Education Logistics (EDULOG) Transportation System. In 2,525 single family dwelling units there were 1,292 elementary students, 475 junior high students, and 354 senior high students for a total of 2,121 students. -; 3,092 multi-family dwelling units, there were 727 elementary students, 247 junior high students, and 192 senior high students, for a total of 1,166 students. Kent School District six-Year Capital Facilities Plan April, 1998 Page 5 I Executive Summary (continued) The capacities of the schools in the District are calculated based on this standard of service and the existing inventory, which includes some relocatable classrooms. The District's 1997-98 program capacity of permanent facilities is 25,145 as adopted by the Board of Directors on March 11, 1998. Relocatables provide additional transitional capacity until permanent facilities are completed. Kent School District is the fourth largest district in the state. The actual number of individual students per the October 1, 1997, head count was 25,798. Full Time Equivalent (FTE) enrollment for this same period was 24,561.22 (Kindergarten at .5 and excluding Preschool Handicapped and Running Start students). The District's standard of service, enrollment history and projections, and use of transitional facilities were among subjects studied by the Citizens' Concurrency Task Force. The Final Report of the Concurrency Task Force was approved by the Board of Directors on March 10, 1993. Findings and recommendations of the Concurrency Task Force are discussed further in Section I I I of this Plan. In subsequent years, the current plan is to maintain surplus capacity consistent with today's surplus. This surplus is achieved primarily through the transitional use of relocatables as recommended by the Citizens' Concurrency Tasr Force. The Concurrency Task Force reaffirms that, as has been the practice and philosophy of the Kent School District, and also based on the most recent recommendation of the Citizens' Facilities Planning Committee, portables are NOT acceptable as permanent facilities. Portables, or, using the more accurate but interchangeable term, "relocatables" may be used as interim or transitional facilities: 1. To prevent overbuilding or overcrowding of permanent school facilities. 2. To cover the gap between the time of demand for increased capacity and completion of permanent school facilities to meet that demand. 3. To meet unique program requirements. Use of relocatable and transitional capacity and specific recommendations by the Concurrency Task Force are further discussed in Section V I of this Plan. Pursuant to the requirements of the Growth Management Act, this Plan will be updated annually, with changes in the fee schedule(s) adjusted accordingly. Kent School Distw sat-Year Capital Facilities Plan DRAT ,.d a,n ooc April, 1998 Page 3 KENT SCHOOL DISTRICT No. 415 SIX-YEAR CAPITAL FACILITIES PLAN TABLE of CONTENTS Section Page Number I Executive Summary 2 11 Six-Year Enrollment Projection 4 III Current District "Standard of Service" g I V Inventory and Capacity of Existing Schools 12 V Six-Year Planning and Construction Plan 15 V I Relocatable Classrooms 18 V I I Projected Classroom Capacity 20 V I I I Finance Plan and Impact Fee Schedules 25 I X Appendixes 30 KeM Schod Oistnef Six-Year Capital Facilities Plan DRAFT �,�xi: Apnl, 1998 Page 1 KENT SCHOOL DISTRICT No. 415 12033 SE 256th Street Kent, Washington 98031-6643 (253) 813-7000 SIX-YEAR CAPITAL FACILITIES PLAN 1998-1999 - 2003-2004 April 1998 BOARD of DIRECTORS Bill Boyce Sandra Collins Susan Follmer Mike Jensen Linda Petersen ADMINISTRATION James L. Hager, Ph.D Superintendent Daniel L. Moberly Assistant Superintendent of Business Services Fred High Exec:.iive Director of =inance Gwen Dupree Assistant Superintendent of Secondary Education Marcia Slater, Ph.D. Assistant Superintendent of Elementary Education & Instructional Services Margaret Whitney Assistant Superintendent of Human Resources & Student Support Services Bev Cheney Executive Director of Community Connections Kent Keel Executive Director of Information Technology IACFP&kwUS DRAFT Apnl, 199E V I Relocatable Classrooms Currently, the District utilizes 138 total relocatables. Of this total, 54 are utilized to house students in excess of permanent capacity, 79 are used for program purposes at school locations, and five for other purposes.(See Appendices AS C D) Based on enrollment projections and funded permanent facilities, the District anticipates the need to purchase some relocatables during the next six-year period. In the Final Report approved by the Board of Directors on March 10, 1993, the Kent School District Citizens' Concurrency Task Force reaffirmed that, as has been the practice and philosophy of the Kent School District, based on the most recent recommendation of the Citizens' Facilities Planning Committee, portables (or "relocatables") are NOT acceptable as permanent facilities. In addition to the Findings and Recommendations regarding portables listed in Section I I I, "Standard of Service," the Task Force also listed some specific concerns in regard to use of portables as interim or transitional capacity: I. The quality of facilities, when using relocatable facilities, is a major concern of citizens of the Kent School District. That the Kent School District should consider the following factors and priorities when using, purchasing and modernizing portables: A. HIGHEST CONCERNS 1. Adequate heat 2. Portable covered walkways, where practical 3. Adequate ventilation 4. Fire Safety B. MODERATE CONCERNS 1. Adequate air conditioning 2. Security 3. Intercoms / Communication 4. Restroom facilities 5. Storage facilities 6. Crowding / class size 7. Noise 8. Availability of equipment (i.e. projectors, etc.) 9. Lack of water (use bottled water/portable tanks for drain) (Continued) Kent School District Six-Year Capital Facilities Plan DRAFT .,. Apnl, 1998 Page 18 V I I Projected Six-Year Classroom Capacities To summarize the current enrollment and program capacity, the breakdown at each grade span is as follows: 1997 - 1998 Permanent Relocatablel Total Oct. 1, 1997 Surplus Grade Span Capacity Capacity I Capacity I'FTE Enrollment Capacity •'W cWmep E,m Cedannce Edwina n SW~M 12 5 Senior High 5.772 0 5,772 5,282 490 Junior High 6,123 0 6,123 5,849 274 Elementary and Kent Learning Center 13,250 243 13,493 13,487 6 District Total 25,145 243 25,388 24,618 770 FTE=Full Time Equivalent students vnth kindergarten 8 Early Childhood Education(ECE)students at.5 FTE enrollment excluding Running Start and Early Childhood Education students is 24,561.22, Total District headcount is 25,798, Early Childhood Education (ECE) was previously known as the'Special Ed Preschool' program or 'Preschool Handicapped' program. The program capacity study was updated for changes in programs as well as the addition of Northwood Junior High, Kentlake High School and the Kent Learning Center program. Based on the enrollment forecasts, current inventory and capacity, current standard of service, relocatable capacity, and future planned classroom space, the District anticipates having sufficient capacity to house students over the next six years. (See Table 5 and Tables 5 A-B-C) This does not mean that some schools will not experience overcrowding. There will be significant need for new schools to accommodate growth within the District. Some schools, by design, may be opened with relocatables on site. Boundary changes, movement of relocatables, zoning changes, market conditions, and educational restructuring will all play a major role in solving overcrowding and underutilization of facilities in different parts of the District. Kent School District Six-Year Capital Facilities Plan DRAFT ,,,,,m,e April, 1998 Page 20 KENT SCHOOL DISTRICT No. 415 PROJECTED ENROLLMENT and CAPACITY ELEMENTARY SCHOOL YEAR 1997-98 1998-99 1 i999.2000 2000-20011 1 2001-2002 2002-2003 1 2003.2W4 Actual P R O J E C T E D Elementary Permanent Program Capacity 12.295 13,250 13,545 14,085 14,625 14,625 14,625 Kent Learning Center-Special Program ' 416 New Permanent Elementary Construction Glenridge Elementary (#28) 539 Replaced Spring Glen Elementary-leased from Renton So Elementary #27a 295 (Net Capacity) Replace Kent Elementary 540-245-295 Net Capacity Elementary# 29 540 Elementary #30 540 Subtotal 13,250 13,545 14,085 14,625 14,625 14,625 14,625 Relocatable Capacity Required 243 189 81 TOTAL CAPACITY 2 13.493 13,734 14,166 14,625 14.625 14,625 14,625 FTEENROLLMENT/PROJECTION 13,487 13,715 14,158 14,522 14.553 14,342 14,214 SURPLUS (DEFICIT) CAPACITY 6 19 8 103 72 283 411 ' Kent Learning Center is a special program at Grandview School serving students in Grades 2 through 12. The school was designed and is currently configured as an elementary school. 2 Capacity is based on standard of service for program capacity. 3 FTE = Approximate Full Time Equivalent Enrollment or Projection (ie. Early Childhood Education students & 1/2 day Kindergarten students = .5). Kent School District Six-Year Capital Facilities Plan Table 5 A DRAFT ,, 'ns April 1998 Page 22 KENT SCHOOL DISTRICT No. 415 PROJECTED ENROLLMENT and CAPACITY SENIOR HIGH SCHOOL YEAR 1997-98 FP 998-99 1999-2000 20002001 2001-2002 2002-2003 2003-2004 Actual R O J E C T E D Senor High Permanent Program capacity 4,124 5,772 5.772 5,772 5,772 5.772 5.772 New Permanent Senior High Construction Kentlake Senior High (#4) 1,648 Subtotal 5,772 5,772 5,772 5,772 5,772 5,772 5,772 Relocatable Capacity Required ' 124 558 775 1,085 1,457 TOTAL CAPACITY ' 5,772 5.772 5,896 6,330 6,547 6,857 7.229 FTE ENRCLLMENT/PROJECTION z 5,282 5.421 5,883 6,303 6,543 6,849 7,203 SURPLUS (DEFICIT) CAPACITY 490 351 13 27 4 g 26 ' Capacity numbers are based on standard of service for program capacity. Z FTE = Approximate Full Time Equivalent Enrollment, excluding Running Start students. The equivalent of approximately 50 FTE Junior High students are served part of the day at high schools. Kent Schad District Six-Year Capital Facilities Plan Table 5 C DRAFT -. ,us Apn1, 1998 Page 24 . ( CL - ! | ' } 0 } \ I , MC � � \ \ \ \ ) § . ^ § a. \� . f k \ � CD CN 2k _ - ■ J _ ¥ k § 3 2 \ } � >- C14 \ � ) z � D CL - LU / \ 'D k k L) \ C) a i « i m k - - a u ; - ! $ f E ~ g 7 A E ! = e \ d00 m \ 7 § 2 { ! ! - } ® \ k § 6 \ \ \ / } _ \ � � $ d ? \ G _ m R / ) { } } 2 ) ) a k \ U) - - ; . e \ \ - - a. e 15 ■ » ` ` ` ® 0a. J ƒ ) ! - r 7 « ? ! ± ! 3 I Appendixes Appendix A: Calculations of Capacities for Elementary Schools Appendix B: Calculations of Capacities for Junior High Schools Appendix C: Calculations of Capacities for Senior High Schools Appendix D: Use of Relocatables Appendix E: Student Generation Factor Survey Appendix F: Summary of Changes to 1997 Capital Facilities Plan Kent School Distnct Six-Year Capital Facilities Plan April, 1998 V I I I Finance Plan The finance plan shown on Table 6 demonstrates how the Kent School District plans to finance improvements for the years 1998 - 1999 through 2003 - 2004. The financing components include secured and unsecured funding. The plan is based on voter approval of future bond issues, securing of state funding and collection of impact fees under the State Growth Management Act and voluntary mitigation fees paid pursuant to State Environmental Policy Act. Kent School Distnct Six-Year Capdal Facilities Plan DRAFT .r.. em Apnl, 1998 Page 25 KENT SCHOOL DISTRICT No. 415 PROJECTED ENROLLMENT and CAPACITY JUNIOR HIGH SCHOOL YEAR 1997-98 1998-99 t9992000 200020ot 1 2001-2002 2002.2003 1 2003.2ooa Actual P R O J E C T E D Junior High Permanent Program Capacity 5,129 6,123 6.123 6.123 6,123 6,123 7,123 New Permanent Junior High Construction Northwood Junior High (# 7) 994 Junior High #8 1.000 Subtotal 6,123 6,123 6,123 6,123 6,123 7,123 7,123 Relocatable Capacity Required ' 203 667 928 377 609 TOTAL CAPACITY 6.123 6,123 6.326 6,790 7,051 7,500 7,732 FTE ENROLLMENTlPROJECTION z 5,849 5,968 6,310 6.774 7,033 7,498 7,724 SURPLUS (DEFICIT) CAPACITY 2-- 155 16 16 18 2 8 ' Capacity numbers are based on standard of service for program capacity. Z FTE = Approximate Full Time Equivalent Enrollment The equivalent of approximately 50 FTE Junior High students are served part of the day at high schools. DRAFT April, 1998 Page 23 Kent School District Sot-Year Capital Facilities Plan Table 5 8 KENT SCHOOL DISTRICT No. 415 PROJECTED ENROLLMENT and CAPACITY TOTAL DISTRICT SCHOOL YEAR 1997-98 1998-99 1 1999.2000 2000.2001 1 2001-2002 2002-2003 1 2003.2004 Actual P R O J E C T E D Permanent Program Capacity ' 21,964 25,145 25,440 25,980 26,520 26,520 27,520 New Permanent Construction ' Glenndge Elementary (# 28) 539 Northwood Junior High (# 7) 994 Kentlake Senior High (#4) 1,648 Elementary #27a 295 To replace Kent Elementary- Net Capacity Gain Elementary#29 540 Elementary # 30 540 Junior High # 8 1,000 Permanent Program Capacity Subtotal _25,145 25,440 25,980 26,520 26,520 27,520 27,520 Intenm Relocatable Caoaclt Elementary Reiocatable Capacity Required 243 189 81 Jun"High Relocatabie Capacity Required 203 667 928 377 609 Senor High Reioeatable Capacity Required 124 558 775 1,085 1,457 Total Relocatable Capacity Required ' 243 189 4,"8 1,225 1,703 1,462 2,066 TOTAL CAPACITY ' 25.388 1 25,629 26,388 27,745 28.223 28,982 29,586 2 TOTAL FTEENROLLMENT/PROJECTIONJ 24,618 25,104 26,351 27,599 28,129 28,689 29,141 DISTRICT AVAILABLE CAPACTTy 770 525 37 146 94 293 445 ' Capacity is based on standard of service for program capacity. 2 FTE =Approximate Full Time E uivalent Enrollment ie. ECE Preschool Handicapped APPm q ( Peed 8 1/2 day Kindergarten student= .5). Kent Schod District Six-Year Capital Facilities Plan Table 5 DRAFT . ,as April, 1998 Page 21 V I Relocatable Classrooms (continued) For the purpose of clarification, the term "portables" and the more descriptively accurate term, "relocatables" are used interchangeably in this Plan as well as in the Concurrency Task Force Report. The reports also reference use of portables or relocatables as interim or transitional capacity/facilities. During the time period covered by this Plan, the District does not anticipate that all of the District's relocatables will be replaced by permanent facilities. During the useful life of some of the relocatables, the school-age population may decline in some communities and increase in others, and these relocatables provide the flexibility to accommodate the immediate needs of the community. Although the Citizens' Concurrency Task Force has reaffirmed that portables are not acceptable as PERMANENT facilities, they did recommend that portables, or relocatables, may be used as interim or transitional facilities: 1. To prevent overbuilding or overcrowding of permanent school facilities. 2. To cover the gap between the time of demand for increased capacity and completion of permanent school facilities to meet that demand. 3. To meet unique program requirements. Portables, or relocatables, currently in use will be evaluated resulting in some being improved and some replaced. Quality concerns will be among those addressed by the next Citizens' Facilities Planning Committee in review of capital facilities needs for the next bond issue. The Plan projects that the District will use relocatables to accommodate interim housing needs for the next six years and beyond. The use of relocatables, their impacts on permanent facilities, life cycle and operational costs, and the interrelationship between relocatables, emerging technologies and educational restructuring will continue to be be examined. Kent Sctad District Six-Year Capital Facilities Plan DRAFT .rnmc Apnl, 1998 Page 19 KENT SCHOOL DISTRICT FACTORS FOR ESTIMATED IMPACT FEE CALCULATIONS Student Generation Factors - Single Family Student Generation Factors - Multi-Family Elementary 0.512 Elementary 0.235 Junior High 0.188 Junior High 0.080 Senior High 0.140 Senior High 0.062 Total 0.840 Total 0.377 Projected Student Capacity per Facility SPI Square Footage per Student Elementary 540 Elementary 80 Junior High 1.000 Junior High 113.33 Senior High 1,650 Senior High 120 Required Site Acreage per Facility Average Site Cost / Acre Elementary (required) 11 Elementary $45.173 Junior High (required) 21 Junior High 545,173 Senior High (required) 26 Senior High 545,173 New Facility Cost Temporary Facility Capacity & Cost Elementary $9,000,000 Elementary @ 27 551,000 Junior High $17,000,000 Junior High @ 29 $51,000 Senior High $38,000,000 Senior High @ 31 $51,000 Temporary Facility Square Footage State Match Credit Elementary 70,636 State Match Percentage 55.64% Junior High 22,696 Senior High 22,568 Total 115,900 Boeckh Index Factor Current Boeckh Index 597.23 Permanent Facility Square Footage Elementary 1,282,101 Junior High 738,840 District Average Assessed Value Senior High 830,629 Single Family Residence 5149,635 Total 2,851,570 Total Facilities Square Footage District Average Assessed Value Elementary 1,352.737 Multi-Famiiy Residence $48,992 Junior High 761,536 Senior High 853,197 Total 2.967,470 District Debt Service Tax Rate Current / 51000 Rate 52.97 Developer Provided Sites / Facilities Value 0 General Obligation Bond Interest Rate Dwelling Units 0 Current Bond Buyer Index 5.19% Kent School Dist=Six-Year Capital Facilities Plan o DRAFT Apnl, 1998 Page _7 KENT SCHOOL DISTRICT IMPACT FEE CALCULATION for MULTI-FAMILY RESIDENCE Site Acquisition Cost per Multifamily Residence Unit Formula: ((Acres x Cost per Acre)/Facility Capacity)x Student Generation Factor Required Silo Acreage I Avenge Site CoaVAcre I Fxlliry Capeuty Student Fadtx A 1 (Elementary) 11 $45.173 540 0.235 $216.24 A (Junior High) 21 545,173 1,000 0.080 $75.89 A 3 (Senior High) 26 545,173 1,650 0.062 544.13 A—> 5336.27 Permanent Facility Construction Cost per Multi-Family Residence Unit Formula: ((Facility Cost/Facility Capacity)x Student Factor)x(Permanent 1 Total Square Footage Ratio) Construction Coal Facility Caprcity Student Factor Fodage Ratio B 1 (Elementary) $9,000,000 540 0.235 0.96 $3,760.00 B 2 (Junior High) s17,000,000 1,000 0.080 0.96 $1,305.60 B 3 (Senior High) s38,000,000 1,650 0.062 0.96 $1,370.76 B—' $6.436.36 Temporary Facility Cost per Mufti-Family Residence Unit Formula: ((Facility Cost/Facility Capacity)x Student Factor)x(Temporary/Total Square Footage Ratio) Facility Cost Facility Capacity Student Factor 7 Footage Ratio C 1 (Elementary) $51,000 27 0.235 0.04 $1776 C 2 (Junior High) 551,000 29 0,080 0.04 55.63 C 3 (Senior High) $51,000 31 0 062 0.04 54.08 C—> $27.46 State Match Credit per Multi-Family Residence Unit Formula: Boeckh Index x SPI Square Footage x District Match% x Student Factor 8oeckh Index SPI Footage Disinct Match% Student Factor D 1 (Elementary) $97,23 80 0,5564 0.235 $1.017.06 D 2 (Junior High) 597.23 113.33 0.5564 0.080 $490.48 D 3 (Senior High) $97.23 120 0.5564 0.062 5402.49 D—> $1,910.03 Tax Credit per Multifamily Residence Unit Average Residential Assessed Value 548,992 Current Debt Service Tax Rate 52.97 Bond Buyer Index Annual Interest Rate 5,19% Discount Period (10 Years) 10 TC—' $1,113.1-7 Developer Provided Facility Credit Facility/Site Value Dwelling Unrts 0 0 FC—> 0 Fee Recap A = Site Acquisition per Multi-Family Unit $336.27 B = Permanent Facility Cost per MF Unit 56,436.36 C = Temporary Facility Cost per MF Unit S27 46 Subtotal 56,800.09 D = State Match Credit per MF Unit $1.910.03 TIC=Tax Credit per MF Unit $1.113.27 Subtotal 53.023.30 Total Unfunded Need S3776.80 Developer Fee Obligation $1,388.40 FC=Facility Credit(if applicable) 0 Net Fee Obligation per Multi-Family Residence Unit 51,888.40 Kent School Distnct Six-Year Capital Facilities Plan DRAFT April. 1998 Page 29 n• n p cVp� yO�� q C S x W x W A o O ul cr 43 LLJ O ,o o Y f ulli E g N LLJ s 3 w ES S m U Wl ¢ U S ys � U 1 O w N N vi • n i7S 53 Z ° U s U iuj m U cr pE T pE a O A W O A ^ U } A j o f ^ N O n O < m ^ ? 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Vander Ark DEVELOPED BY Jody Putman, Director, Business Services Geri Walker, MIS Specialist �rDU ,r� INTRODUCTION iL L �� In response to the requirements of the State of Washington Growth Management Act (SHB 2929 (1990) and ESFIB 1025 (1991), and under the School Impact Fee Ordinances of King County Code 21A, City of Federal Way Ordinance No. 95-249 effective December 21, 1995 as amended, and the City of Kent Ordinance No. 3260 effective March 1996, the Federal Way School District has updated its 1996/97 Capital Facilities Plan as of April 1998. This Plan has been adopted by King County, the City of Kent and the City of Federal Way and is incorporated in the Comprehensive Plans of each jurisdiction by reference. This plan is also included in the Facilities Plan element of the Comprehensive Plans of each jurisdiction. To date, the City of Auburn and City of Des Moines have not adopted a school impact fee ordinance. The Growth Management Act requires the County to designate Urban Growth areas within which urban growth can be encouraged. The Growth Management Planning Council adopted and recommended to the King County Council four Urban Growth Area Line Maps with designations for urban centers. A designation was made within the Federal Way planning area, which encompasses the Federal Way School District boundaries. King County will encourage and actively support the development of urban Centers to meet the region's need for housing,jobs, services, culture and recreation. This Plan's estimated population growth is prepared with this underlying assumption. This Capital Facilities Plan will be used as documentation for any jurisdiction, which requires its use to meet the needs of the Growth Management Act. This plan is not intended to be the sole planning tool for all of the District needs. The District may prepare interim plans consistent with Board policies. Additional plans will be consistent with the six year Capital Facilities Plan. At this time, the Federal Way School District is evaluating the need for and possible timing of future bonds. ii (continued) Introduction (c ) M M Other committee recommendations are to add one more class of Integrated Kindergarten and First Grade over the next five years, add one more SBD (Severe Behavioral Disordered) within five years and finally that space is provided for the services the school has selected to provide for the Special Education population such as Resource Rooms. The Future Alternatives Committee will consider these recommendations. The facility recommendations of this committee and forecast of increased need are footnoted in the formula for future capacity needs in the 1997/98 Capital Facilities Plan. ECEAP, Head Start and Pre-School are not a part of the district student population forecast, although the district does provide facilities and services to these programs. The Classroom Standards and Facility Use Committee is tasked to examine all facilities to determine the ability to meet the educational programs of the Federal Way School District for the next ten years. A part of the process is to develop a target population for each building. The committee is establishing a capacity at each building that meets the educational needs of current programs. The committee studied projections for five years to identify where capacity would not be sufficient for projected enrollment. The capacities established by this committee form the basis of the capacity analysis in the 1997/98 Capital Facilities Plan. Additionally the committee studied community use of the Federal Way Schools and reviewed the format for Building Condition Evaluations. The final committee, which will formulate the Board Recommendations, is the Future Alternatives Committee. This committee is studying the reports from the other three groups to ascertain how the recommendations will meet the District Strategic Plan and Grade Span expectations. The committee will consider the impact of school calendar, schedules, class size, technology, the impact of special education and day care. They will also examine the impact of Choice Schools, extended day and extended year concepts, Running Start and transportation issues. The outcome of this study will be a recommendation to develop a District alternative configuration plan. The committee expects to bring a recommendation to the Board of Education in May of 1998. The Federal Way School District Board of Education will review the recommendations of the Future Alternative Committee. If the Board adopts a new configuration, the capacity analysis of the Capital Facilities Plan will be updated On January 13, 1997 the Board of Education adopted a ten-year Real Estate Plan. This plan deals with long-term use of current land and the acquisition of additional land to meet student population projections in the 20-year planning window. The plan recommends surplusing land that is not deemed suitable for school construction for any reason, and the purchase of one additional elementary site. The District is currently reviewing options for the purchase of this additional site. iv SECTION I- THE CAPITAL FACILITIES PLAN© I', j The State Growth Management Act requires that several pieces of information be gathered to determine the facilities available and needed to meet the needs of a growing community. This section provides information about current facilities, existing facility needs, and expected future facility requirements for the Federal Way School District 9210. This is followed by a Financial Plan which shows expected funding for any new construction, portables and update modernization needs listed. I-1 INTRODUCTION (continued) In October of 1997 the District convened a Study and Survey Committee. The Committee is made up of patrons, parents, professional consultants, school staff and central administration staff. The charge of the Committee is divided into four focus areas on a continuum, which will lead to recommendation to the Board of Education. The four focus committees are: 1. Educational Plan Committee 2. Special Education Committee 3. Classroom Standards and Facility Use Committee 4. Future Alternative Committee The Educational Plan Committee prepared an Educational and Technology Plan including information on: District Beliefs, the District Strategic Plan, Technology Plan, State Goals, Performance Standards, Curriculum Matrix and Promotion. This committee developed a recommendation on grade configuration as it relates to District goals. The committee is recommending a change in the Federal Way School Distric- grade configuration to: K - 5 Elementary Schools 6 - 8 Middle Schools 9 - 12 High Schools Educational capacity is not a focus for this group. The recommendations are based on meeting the educational needs of students to support the District vision that "Every student will possess a world class set of skills to become a successful participant in society." The recommendations from this group were sent to the Future Alternatives Committee for further review. The Special Education Committee developed a series of recommendations for facility use as it relates to Special Education. The recommendations are based on consideration of student needs rather than on space for other programs. The committee recommends a commitment of dedicated space to support services staff for testing and therapy services, adequate and secure storage for therapy equipment and available office area for confidential calls and conferences. The support staff includes Speech and Language Pathologists, Occupational Therapists, Physical Therapists and Adaptive Physical Educational Specialist. The committee further recommends an increased capacity be dedicated to ECEAP and Head Start programs to offer services to students and families with full day programs. The need for three additional classes and one portable over the next five years is forecast for these students. Additionallv the committee forecasts a need for one or more classrooms dedicated to pre-school in the next five years. iii L WAY OL FE 9EEACAP TAL FAOCILTTIES PLAN#210 TABLE OF CONTENTS TABLE OF CONTENTS........................................ i INTRODUCTION................... ......... .. ..................... a-ry SECTION I THE CAPITAL FACILITIES PLAN Introduction............................................................. I-1 Inventory of Educational Facilities............................. I-2 Inventory of Non-Instructional Facilities.................... I-3 Needs Forecast - Existing Facilities.......................... I-4 Needs Forecast -New Facilities_ .......................... I-5 Six Year Finance Plan.............................................. I-6 SECTION II MAPS OF DISTRICT BOUNDARIES Introduction.............................. .............................. II-1 Map - Elementary Boundaries... . .............. II-2 Map - Junior High Boundaries.._................ II-3 Map - Senior High Boundaries . . .............. II-4 SECTION III SUPPORT DOCUMENTATION Introduction........................_.. . . ............................ III- Building Capacities................. .. ._........................... III-2 Portable Locations........... ... .._ .. ........................... IU-4 Student Forecast.............. ... .. .. ........................... III-6 Capacity Summaries............... .. .............................. III-8 King County Impact Fee Calculations..... ................. III-13 SECTION IV SUMMARY OF CHANGES FROM THE 1996/97 PLAN IV-1 i Appendix F - Summary of Changes to April 1996 Capital Facilities Plan The Capital Facilities Plan is updated annually based on previous Plans in effect since 1993. The primary changes from the April 1996 Plan are summarized here. Maps of the District have been updated to reflect changes. Kentlake High School has been added and Kent Learning Center is now at the Grandview Elementary site. Elementary 27a and Elementary 29 are under construction with opening scheduled for January and September, 1999 respectively. Elementary 30 is in the planning process and planning for Junior High #8 will commence during the 1998-99 school year. Some program changes are reflected in changes to capacity. Capacity for future elementary schools has inc.-cased. Changes in portables or transitional capacity reflect purchase, sale, surplus and/or movement of portables between facilities Permanent and temporary facility costs and average site cost per acre have been adjusted to reflect changes State match and tax credit actors are updated annually. Student enrollment forecast Is updated annually The student generation factor surrey was updated last year to reflect developments added or deleted. Changes reflect no adjustment for occupancy and exclusion of studio apartments per agreement with members of the development community. Surrey data is included as Appendix E. Changes to Impact Fee Calculation Factors include IT".v1 GradefType FPQ(Vt TO Comments i 1996 1998 Student Generation Factor Eiem o 499 0SI2 See retail n Plan Single Family (SF) jr 0 202 0168 Sr J '45 0 140 Total 0 3466 0 840 Student Generation Factor Elem 0 232 0.235 See cetail n Plan Multi-Family (MF) Jr 3081 o c8c Sr 0 063 0.062 Total 0 376 0-377 State Match 5492% 55.54% Per SPI Boeckh Index (Cost per square foot) S92 02 $97 23 Per SPI Average Assessed Valuation SF $137,621 s149,635 Per Puget Sound ESD AV- Average of Condominiums & Apts. MF $45,992 W 992 Per Puget Sound ESD Debt Service Tax Rate $2 31 s2.97 Per King County Assessor General Obligation Bond Interest Rate 5 381% 5.19% Market Rate Impact Fee - Single Family SF s3.675 S3.744 j Impact Fee - Multi-Family MF $1 936 $1.388 i dant Scnoel Oistnct Six-Year Caoital Facilities Plan APPENDIX F ]RAFT April. 1998 Page 34 P} � ) , k ! ] 2 & y / d � } } § � 2 } } ƒ ) f § / o 2 � ! m k e - g � < = c v x / LLJ � . o $ ® i , _ a. = a < U) w _ - LU w � ® k w 2 2 i e c cc 2 + ! ! } ) j 2 f j ƒ - 3 / / } } _ L \ 2 � ± k § § R o a 7 / J C r o ; I 0 / R a z W 2 g W � W 2 E E W p� $ Z 23p 'w O U ¢ $ 4� E f o m m pm m q� m of N qp N pm� N m m N nV n m 4 a W - � � - O N n m N N � Yl m � m N (O � � fD � � m � n � m f0 m m N a■ �# ^ m O O e�f O O O O O m A O O O `O aD aD �1 ep N LL NLLJ • g v 4 J � .�` � N f n f ^ o o ry N P Q O a n n N o o Q n m n N ry m _ � � ; • of Q U ¢ ■ £ O a Q $ s c E o U LLJJ A N N N ^ N O ^ U C ¢ U • Q N a a E _ c"F[ 9 r !2�S O O O n O N O O O O O O O N p _ O N O O O O p ^ O n E N ■ X � CCCc S ^ w Q J O Z E u $ ' g• W S > $ N 33. $ ^d ^ _ n N P1 O .- N N N N ^ N n �a f _ N O 1'I N N N U O O CL U Z Q v� (L • • z > m E r po pp Ipp (pp fpp q Y W ~ 4 " b R m tp t7 m Q� W P 01 IA Q O N N N Q Q Q Yl c m J U J Y U S Uq 7R N P N Q P P P N Q P O ry N N < O Q a. a ^ 5 uj U "y� E N ^ F g S a � 0 0 0 o o o R S o 0 o O 0 _ 0 0 0 0 0 R o o `o a a c Q a U s o a $ w O A U N rl m N AI f f ry ry Q N N f�l A P f Ill .- Q f N N f7 (7 m f p C C ■ • - S $ c t(pa mm tmp �p Off el v oo Q Cps a. ^4 If1 Y N N V f N v e N o N N 0 m N m N 0 O N W • N V N U • m � � .y 1 • � 3 cg E w �' • � • R ■ CrV • m of T ' m m N m m m ry N Ol N n 1p Ol N N ^ OI n n ry ^ Q V : h n • O Z w ^ ^ _ ^ _ _ N N • 'D L `o 3U 1 O > = a: J W N Qo ? O 2U Ua 4 4 ¢ 'n UUiwN Ue N> .4 a A: O U Ew mOv -� C n — NSY c a m • o c W ) c v e T • • 5 u U o x s` 8i 'o • a a ■ • " o m o w s `o a s i c ,v_ • $ a a Y W :n • ..• U U U U O W w U c3 y J F a a a a: h N N h N Y. W u N Y KENT SCHOOL DISTRICT IMPACT FEE CALCULATION for SINGLE FAMILY RESIDENCE Site Acquisition Cost per Single Family Residence Formula: ((Acres x Cost per Acre)/Facility Capacity)x Student Generation Factor Required Site Acreage I Average Silo Cost/Acre I Facility Capacity Student Faelor A 1 (Elementary) 11 545,173 540 0.512 S471.14 A 2 (Junior High) 21 545,173 1,000 O.18B $178.34 A 3 (Senior High) 26 545,173 1,650 0.140 SWISS A—> $749.14 Permanent Facility Construction Cost per Single Family Residence Formula: ((Facility Cost/Facility Capacity)x Student Factor)x(Pennanent/Total Square Footage Ratio) Construct fan COW Facility Capacity Student Factor Footage Ralb 81 (Elementary) $9,000,000 540 0.512 0.96 $8,192.00 B 2 (Junior High) $17,000,000 1,000 0.188 0.96 $3,068.16 8 3 (Senior High) $38,000,000 1,650 0.140 0.96 $3.095.27 B—> $14,355.43 Temporary Facility Cost per Single Family Residence Formula. ((Facility Cost/Facility Capacity)x Student Factor)x(Temporary/Total Square Footage Ratio) Facility Cost Facility Capacity Student Factor Footage Raho C 1 (Elementary) 551,000 27 0.512 0.04 538.68 C 2 (Junior High) 551.000 29 0,188 0.04 $13.22 C 3 (Senior High) $51.000 31 0.140 0,04 S9 21 C—> S61 12 State Match Credit per Single Family Residence Formula: Boeckh Index x SPI Square Footage x District Match% x Student Factor Boeokh Index SPI Footage District Match% Student Factor D 1 (Elementary) ZT23 80 0 5564 0.512 $2,215.89 D 2 (Junior High) 597.23 113.33 0,5564 0.188 $1,152.63 0 3 (Senior High) $97 23 120 05564 0.140 5908.86 D—' 54,277.38 Tax Credit per Single Family Residence Average Residential Assessed Value $149.635 Current Debt Service Tax Rate $2.97 Bond Buyer Index Interest Rate 5.19% Discount Penod (10 Years) 10 TC—> 53,400.22 Developer Provided Facility Credit Facility/Site Value Dwelling Unrts 0 0 FC—> 0 Fee Recap A = Site Acquisition per SF Residence S-49 14 8 = Permanent Facility Cost per Residence $14 a55.43 C = Temporary Facility Cost per Residence $61 12 Subtotal $15,165.69 D = State Match Credit per Residence $4,277.38 TC=Tax Credit per Residence S3 400 22 Subtotal 57.677.59 Total Unfunded Need $7,488.10 Developer Fee Obligation $3 744 05 FC=Facility Credit(if applicable) 0 Net Fee Obligation per Single Family Residence $3.744.05 Kent School District Sic-Year Capital Facilities Plan DRAFT o.v« April, 1998 Page 28 INVENTORY OF EDUCATIONAL FACILITIES L L,, ELEMENTARY SCHOOLS Adelaide 1635 SW 304th Street Federal Way 98023 Brigadoon 3601 SW 336th Street Federal Way 98023 Camelot 4041 S 298th Street Auburn 98001 Enterprise 35101 5th Avenue SW Federal Way 98023 Green Gables 32607 47th Avenue SW Federal Way 98023 Lake Dolloff 4200 S 308th Street Auburn 98001 Take Grove 303 SW 308th Street Federal Way 98023 Lakeland 35675 32nd Avenue S Auburn 98001 Mark Twain 2450 S Star Lake Road Federal Way 98003 Meredith Hill 5830 S 300th Street Auburn 98001 Mirror Lake 625 S 314th Street Federal Way 98003 Nautilus 1000 S 289th Street Federal Way 98003 Olympic View 2626 SW 327th Street Federal Way 98023 Panther Lake 34424 1 st Avenue S Federal Way 98003 Rainier View 3015 S 368th Street Federal Way 98003 Sherwood Forest 34600 12th Avenue SW Federal Way 98023 Silver Lake 1310 SW 325th Place Federal Way 98023 Star Lake 4014 S 270th Street Kent 98032 Sunnycrest 24629 42nd Avenue S Kent 98032 Twin Lakes 4400 SW 320th Street Federal Way 98023 Valhalla 27847 42nd Avenue S Auburn 98001 Wildwood 2405 S 300th Street Federal Way 98003 Woodmont 26454 16th Avenue S. Des Moines 98198 JUNIOR HIGH SCHOOLS Elahee 36001 1st Avenue S Federal Way 98003 Kilo 4400 S 308th Street Auburn 98001 Lakota 1415 SW 314th Street Federal Way 98023 Sacajawea 1101 S Dash Point Road Federal Way 98003 Saghalie 33914 19th Avenue SW Federal Way 98023 Totem 26630 40th Avenue S Kent 98032 SENIOR HIGH SCHOOLS Decatur 2800 SW 320th Street Federal Way 98023 Federal Way 30611 16th Avenue S Federal Way 98003 Thomas Jefferson 4248 S 288th Street Auburn 98001 ALTERNATIVE SCHOOLS Merit School 31455 28th Ave S Federal Way 98003 Harry S. Truman High School 3 145 5 28th Ave S Federal Way 98003 1-2 NEEDS FORECAST- EXISTING FACILITIES - L L EXISTING FACILITY FUTURE NEEDS ANTICIPATED SOURCE OF FUNDS Truman High School Modernization with (2) expansion Purchase and Relocate Interim Capacity (2) Portables Notes: (1) Anticipated source of funds is state matching funds, future bond issues or non-voted debt issues. A school district is entitled to issue non-voted debt up to 3/8 of 1% of the assessed valuation of the district. (2) Anticipated source of funds is state matching funds, Impact Fees, future bond issues or non-voted debt issues. I-4 FEDERAL WAY SCHOOL DISTRICT#210- 1997i98CAPITAL FACILITIES PL/+y� Six Year Finance Plan E Futldin` 1999 1999 2000 2001 2002 2003 Total Revenue (1) $700,000 S23,754 S723.754 Funds(2) 52,225,000 $1.791.832 S788,028 S250,000 $63,191 S5,123,051 h Furls(3) S4,950,600 S1.105,000 5811.998 $6.967,498 S7,17S.M S3-4%432 SI.623,680 5250,000 S6&191 $0 S12,714JW In.secured FundingSources Mach Fuds(6) J3Z2209&I33 or Levy Fuds(4)ud Sala('7)Fees(5)L NEWSCHOOLS 1998 1999 2000 2001 2002 2003 Total Cost ew Elementary Site (I1) S600.000 Near Elemmuy School $6.300,000 $4,200.000 S10,500.000 MODERNIZATION AND EXPANSION names Senior High(Alternative) $3,233.680 S2,155.787 $5,389,46 TEMPORARY FACILTTIFS onable(8) S1,122,624 $623680 S561,312 S2,307.61 edeml Way Academy(10) $374.209 OTHER Safety lmprovemrnu(9) 54,825,600 $4,825. aciliun Depavnmt S250,000 S250,000 $250,000 S250.000 S250,000 $250,000 SI.500,00( ahnology Syatan Lnptovanatu Library System $500.000 $650,000 S650,000 $I,800, eehnology Systern Lirptoveiirnts MIS Fnoject $1,600,000 S600,000 S100,000 $2.300000 OTAL 57,175,600 S3.5%.9321 $1,623,680 S250,000 S10}44,992 S6,605,787 S28,622,683 NOTES: 1- These fen are eurneridy being held in a Yu*Comm and s City of Federal Way impact fee account,and will be available for use by the District for system unpmvements 2. These funds mmc from vinous sales of land and are set aside for estimated expenditures 3. Cniarariteed sae nWch reimbursement. 4. These fads,if secured,will be used for future protect+. 5. These are projected fin based upon known residenual developments in the District over the next sot years 6. These funds are projected star mswAing funds. 7. Thee finds are projected land We income. 8. Thee fen represent the mat of moving and siting muturig portable The District may choose to purchase new porubim in the yeas shown Thu saturate may also include the cost of purchasing these portable 9. Thee pm)ecu have been approved by the Board of Directors and cover most schmis These pro)ects do not increase capacity 10.Federal Way Acedeny am junior high progam which will increase capacity at one junior hugh site 11. This site is larger than 10 acres a.w 'WN1 16 1v sit L . w s � 1 UO, ca VA . e9► 7 In !� i 2- one MIA CMD 'REP 3 ,...Le�?lleAa�i L .• .. _ _ � \Y VU d. t I ryj El FES- ow ARM ED y ®1� \`� :der— � •_,� � • �� �� �� .-i,, 61S�iw1��4��A 4 • '� W. 5-IVU • T Building_Capacities This Capital Facilities Plan establishes the District's "standard of service" in order to ascertain the District's current and future capacity. The Superintendent of Public Instruction establishes square footage guidelines for capacity, but these guidelines do not take into consideration the education program needs. The District has identified a Building Program Capacity for each of fhe schools in the District. This Full Time Equivalent (FTE) capacity is based on: • the number of classrooms available in each school • any special requirements at each school • the contracted class load by grade level In general, the District's current standard provides that the average class size for a standard classroom for grade K is 24 students , for grade 1-6 is 26 students, grades 7-12 is 25 students, Gate classrooms are 25 students, individual education programs classrooms are 15 students, and special education classrooms are 12 students. This size is determined based upon current ratios and trends as well as the classroom physical size. Educational Program Capacities change every year. This analysis is for the 1997/98 school year. The capacity of an individual school could and does change at any time depending on program changes which may require additional space. III-2 LnJ Portable Locations The Washington State Constitution requires the State to provide each student a basic education. It is not efficient use of District resources to build a school with a capacity for 500 students due to lack of space for 25 students when enrollment fluctuates throughout the year and from year to year. Portables are used as temporary facilities or interim measures to house students until permanent facilities can be built or boundary adjustments can be made. When permanent facilities become available, the portable(s) is either moved to another school for an interim classroom, or used for other purposes such as storage or child care programs. Some portables may not be fit to move due to age or physical condition. In these cases, the District may choose to buy new portables and surplus these unfit portables. It is the practice and philosophy of the Federal Way School District that portables are not acceptable as permanent facilities. The following page provides a list of the location of the portable facilities, used for temporary educational facilities by the Federal Way School District. 111-a Student Forecast The District has several methods available to forecast the number of students it anticipates in future years. The District is using a program called Enrollment Master for base he grade level forecast and a statistical trend method for comparison. Enrollment Master is a statistical model that uses feeder school information, cohort survival, and historical student data to forecast future student enrollment. The District also continues to use the MicroSam software. The District uses these software packages to forecast for a maximum of six years. The District also prepares long range forecasting using different models. These projections reflect a similar age trend in student populations as the projections published by the Office of Financial Management of the State of Washington. III-6 FEDERAL WAY SCHOOL DISTRICT#210- 1997/98 CAPTIAL FACILITIES PLAN FEDERAL WAY SCHOOL DISTRICT STUDENT FORECAST Li Actual 1997 1 1998 1999 2000 2001 2002 2003 ELEMENTARY SCHOOLS K 1,726 1,733 1,7561 1,778 1,800 1,823 1,845 ..1 1,691 _1,784 1,791 1,815 1,838 1,861 1,984 2_•_•__••• ^ 1,815 1,692 1,785 1,792 1,816 1,839 1,862 -3._._..._ ....................1,796 1,836 1,713 1,807 1,814 1,838 1,862 ............................... ..................•---• -------- -.._.....__ 4 1,704 1,806 1,847 1,723 1,818 1,825 1,849 ......................_..__ ...-....-....__....-. .--..._......_._ , 5 1,630 1,713.. 1,8, . 1,858 1,733 1,829 1,836 ............... .-._._ .............- _..._.__.... 6 1,600 1,631 1,714 1,818 1,859 1,743 1,830 JUNIOR HIGH SCHOOLS 7 1,694 1,641 1,672 1,758 1,864 1,906 1,778 ............................... ...................... ..................... 8 1,692 1,690 1,636 1,667 1,752 1,858 1,900 9 1,758 1,709 1,706 1,652 1,683 1,769 1,876 SENIOR HIGH SCHOOLS 10 1,567 1,732 1,683 80 1,627 1,657 1,742 ................................_-................... ............. .- ..-. 11 1,454 1,502 1,660 1,614 1,611 1,560 1,589 ...................................................._. ....................... 12 1,351 1,373 1,419 1,568 1.525 1,522 1,474 ENROLLMENT - HEADCOUNT SUMMARY Elem(HC) 11,962 12,195 12,423 12,591 12,678 12,758 12,968 ...................... .._............._... ....--..........-.-... .__........_...__. .-..-................ ......_...................................... .....-. Jr High _ 5:144 5,040 5,014 5,077 5,299 5,533 5,554 -._.-...._......... --.�.._._..- .....----........... .................. .._.................................-- Sr High 4,372 4,607 4,762 4,862 4,763 4,739 4,805 TOTAL (HC) 21,478 21,842 22,199 22,530 22,740 23,030 23,327 ENROLLMENT - FULL TIME EQUIVALENT IFTEI SUMMARY Elem(FI'E) 11,099 11,329 11,545 11,702 11,778 11,847 12,046 Jr High 5,144 _5,04_0 5,014 5,077 �5,299 5,533 5,554 Sr Fb h �4,372 4,607 4,762 4,862 4,763 4,739 ^ 4,805 TOTAL (FI•E) 20,615 20,976 21,321 21,641 21,840 22,119 22,405 Tatty AIrm 10'- AM M-7 FEDERAL WAY SCHOOL DISTRICT#210- 1997/98 CAPITAL FACILITIES PLAN PORTABLE LOCATIONS PORTABLES LOCATED PORTABLES LOCATED AT ELEMENTARY SCHOOLS AT SENIOR HIGHS � mK Varnucnof aL wrm,cnon.L oanuenorw, mz UCTXXuc Adelaide 1 Decatur 4 Brigadoon 1 Federal Way 1 Camelot 1 Thomas Jefferson Enterprise 1 Truman/Merit 7 1 Green Gables Lake Dolloff 12 1 Lake Grove 2 Lakeland• 1 Mark Twain • 3 Meredith Hill PORTABLES LOCATED Mirror Lake 1 1 AT SUPPORT FACILITIES Nautilus Olympic View 2 Science&Testing K 1 Panther Lake I 5-Mile Lake 1 Rainier View 2 MOT 1 Sherwood Forest 3 Clothine Bank 1 Silver Lake 4 Star Lake 4 T TAL 4 Sunnvcrest Twin Lakes 2 Valhalla HEAD START PORTABLES AT DISTRICT SITES Wildwood 4 (NOT DISTRICT OWNED) Woodmont 1 1 Mirror Lake 1 TOTAL 36 4 erw Forest 1 Total 2 PORTABLES LOCATED AT JUNIOR HIGHS Illahee 3 Kilo 3 1 Lakota 2 Saca awes 2 Saghalie 4 Totem 5 TOTAL 17 3 • Additional portables are ordered, but not yet in place: Enterprise I Portable Lakeland 1 Portable Mark Twain I Portable Saghalie 2 Portables ram, III-5 FEDERAL WAY SCHOOL DISTRICT#210-1997/98 CAPITAL FACILITIES PLA�C BUILDING PROGRAM CAPACITIES ELEMENTARY BUILDING JUNIOR HIGH BUILDING PROGRAM CAPACITY PROGRAM CAPACITY Adelaide 488 Illahee 821 Bri adoon 528 Kilo 854 Camelot 374 Lakota 741 Enterprise 516 Sacajawea 828 Green Gables 502 Sa halie 768 Lake Dolloff 512 Totem 709 Lake Grove 476 Lakeland 488 1998 TOTAL 4,721 Mark Twain 503 Meredith Hill 502 jJunior High Average 787 Mirror Lake 398 Nautilus 568 SENIOR HIGH BUILDING Olympic View 449 PROGRAM CAPACITY Panther Lake 514 Rainier View 476 Decatur 11121 Sherwood Forest 550 Federal Wav IJ08 Silver Lake 528 Thomas Jefferson 1,266 Star Lake 502 Sunnycrest 462 1998 TOTAL 3,695 Twin Lakes 502 Valhalla 494 ISenior High Average 1,232 Wildwood 428 Woodmont 442 ALTERNATIVE SCHOOL BUILDING PROGRAM CAPACITY 1998 TOTAL 11,202 ent School 16 Elementary Average 487 Truman High School 194 1998 TOTAL 210 Notes: Elementary program capacities are based on the number of teaching stations in the building,contracted class size, and special use classrooms in place during the 96/97 school year. All available instructional space is calculated. Secondary program capacities are based on peak loading. The calculation is based on 25 students per available teaching stations. Capacities were calculated by the Study and Survey Committee. capall III-3 i -J LIB Lu � SECTION III- SUPPORT DOCUMENTATION Building Capacities - The Education Program Portable Locations Student Forecast - 1998 through 2003 Capacity Summaries King County Impact Fees - Single and Multi Family Units III-1 Junior High School Boundaries E F �,.�..� i .-�G H FEDERAL WAY SCHOOL DISTRICT No. 210 ELEMENTARY SCHOOLS JUNIOR HIGH SCHOOLS Code-- . Coda•• 1 7__ s r 11 � 10 Adelaide C4 64 Manse E-9 16 Brigadoon B-8 66 Kilo G-6 38 Camelot G-C fit Lakota D-6 22 Enterprise D-- 61 Sacajawen E-5 -«- 14 Green Gables AC 70 Sagffalie C-8 30 Lake DolloM G-6 65 Totem G-3 .- 11 Lake Grove D-6 8 Merit F-6 ""_•�^ srsss, 33 Lakeland F-9 2 Mark Twain F-4 29 Meredith Hill H.5 SENIOR HIGH SCHOOLS 3 - f IL 3 6 Minor Lake EA •` 5 Nautilus E-5 cow-- . 15 Olympic Kew C-7 I �� 21 Panther Lake EA 80 Decatur C-6 �~� nl 37 Rainier Kew F-10 81 Federal Way E-5 _ 41 Sherwood Forest D-8 83 Thomas Jefferson G-4 8 Marry S.Truman FL 24 SO~Lake D-7 s,�. 8 _ 26 Star Lake G-3 a Mertt F-6 i 25 Sunnycrest G-2 13 Twin Lakes 8-6 ,+ 27 Valhalla G-4 Future School Sites- .,•:�`':- 4 7 Wildwood F-5 Surplus Sites - _ 1 Woodmont F-3 a sale 100 Educational Service Center F-6 - 99 Future Support Services E-8 - Code-- ■ - { _ " �! ''� - -i 97 Maintenance-Operations-Tmnsporabon E-6 Parks- D,.., + ,f• .: i r•.F i - .• 6 1 3 FEDERAL WAY. WASH/NGTON and VICTIA IN/T •1• 1 - �- rl i mwr• t',. xao'. , r sa os,, _ irr . �-+ i• .,a.�...v... - ` i 9 Y� r/ 1 •i r t.-' r a 4 Federal Way Public Schools ea+ r (253) 945-2000 11 F F II-3 L�'? SECTION II- MAPS OF DISTRICT BOUNDARIES The Federal Way School District (the District) has twenty-three elementary schools (grades K-6), six junior high schools (grades 7-9), three senior high schools (grades 10-12) and two alternative schools (grades 7-12) for the 1997/98 school year. On April 20, 1996 the Federal Way School District Board of Education adopted the boundaries for these schools. The following maps show the service area boundaries for each school for each grade level (the alternative schools, Harry S. Truman High School and Merit School, serve students from throughout the District). The identified boundaries are reviewed annually. Any change in grade configuration or adoption of programs which affect school populations may necessitate a change in school service areas. The Growth Management Act requires that a jurisdiction evaluate if the public facility infrastructure is in place to handle new housing developments. In the case of most public facilities, new development has its major impact on the facilities immediately adjacent to that development. School Districts are different. If the District does not have permanent facilities available, interim measures must be taken until new facilities can be built or until boundaries can be adjusted to match the population changes to the surrounding facilities. Adjusting boundaries requires careful consideration by the District and is not taken lightly. It is recognized that there is a potential impact on students who are required to change schools. Boundary adjustments impact the whole district, not just one school. It is important to realize that a single housing development does not require the construction of a complete school facility. School districts are required to project growth throughout the district and build or adjust boundaries based on growth throughout the district, not just around a single development. II-1 NEEDS FORECAST- NEW FACILITIES L: NEW FACILITY LOCATION ANTICIPATED SOURCE OF FUNDS MOT Site 1 Unknown I N/A Elementary Site Acquisition Unknown 2 New Elementary School Unknown 2 Notes: (1) Construction of Maintenance, Operations and Transportation (MOT) site is dependent on sale of current MOT site. (2) Anticipated source of funds is state matching funds, Impact Fees, future bond issues or non-voted debt issues. I-5 ✓ L CURRENT INVENTORY NON-INSTRUCTIONAL FACILITIES L Developed Property Administrative Building 31405 18th Ave-we S Federal Way 98003 MOT Site 1066 S 320th Street Federal Way 98003 Central Kitchen 1344 S 308th Street Federal Way 98003 Federal Way Memorial Field 1300 S 308th Street Federal Way 98003 Undevelooed Property Site # Location 9 27th Avenue SW& Dash Point R_-ad 23 SW 360th Street & 3rd Avenue SW 35 S 351st Street & 52nd Avenue S 40 E of loth Avenue SW Between SW 334th & SW 335th Streets 63 E of 47th Avenue SW & SW 314th Place 71 S 344th Street & 46th Avenue S 72 36600 block of Pacific Highway S 84 3737 S 360th Street 96 S 308th Street & 14th Avenue S Notes: Not all undeveloped properties are large enough to meet school construction requirements. Properties may be traded or sold depending on what locations are needed to house students in the District. Z-3 I Ca paci1y Summaries All Grades, Elementary, Junior High, and Senior High Schools The Capacity Summaries combine Building Capacity information and the Student Forecast information. The result demonstrates the requirements for new or remodeled facilities and why there is a need for the district to use temporary facilities or interim measures. The information is organized in spreadsheet format, with a page summarizing the entire District, and then evaluating capacity vs. number of students at elementary, junior high, and senior high levels individually. The notes at the bottom of each spreadsheet provide information about what faciiities are in place each year. III-8 FEDERAL WAY SCHOOL DISTRICT#210 - 1997/98 _ - - CAPITAL FACILITIES PLAN J y J y CAPACITY SUMMARY-ELEMENTARY SCHOOLS Actual -- Projected-- CAPACITY 1997 1998 1999 2000 2001 2002 2003 BUILDING PROGRAM CAPACITY 11,202 11,202 11,202 11,176 11,150 11,124 11,608 2. Special Education Changes (26) (26) (26) (20 (26) 5I0 3. New Elementary School Adjusted Program Capacity 11,202 1 11,202 11,176 11.150 11,124 11,608 11,582 ENROLLMENT Basic F IE Enrollment 11,099 11,329 11,545 11.702 11,778 11,847 12.046 SURPLUS OR(UNHOUSED) PROGRAM CAPACITY 103 (127) (369) (552) (654) (239) (464) RELOCATABLE CAPACITY Current Portable Capacity 900 900 925 925 925 925 850 Add/Subtract portable capacity Move to Senior High (50) 4. Add per inventory 75 (75) Move to Junior High Adjusted Portable Capacity 900 925 925 925 925 850 850 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 1.003 799 556 373 271 611 386 NOTES: 1. Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based upon actual population needs. 2. Add Programs 3 ECEAP, 1 SBD(Severely Behavioral Disordered) and 1 Pre-School Program 3. New Elementary School 4. Portables ordered but not yet placed at Enterprise,Lakeland and Mark Twain csr=" y4w 3=•M III-10 FEDERAL WAY SCHOOL DISTRICT#210 - 1997/98 CAPITAL FACILITIES PLAN CAPACITY SUMMARY-SENIOR HIGH SCHOOLS Actual -- Projected-- CAPACITY 1997 1998 1999 2000 2001 2002 2003 BUILDING PROGRAM 3,905 3,905 3,905 3,905 3,905 3,905 4,005 CAPACITY Add or subtract changes in capacity due to construction or remodel 100 2. Truman High modernization and expansion Adjusted Program CaPactty 3,905 3,905 1 3,905 3.905 31905 4,005 4,005 ENROLLMENT 4,739 4,805 Basic FIE Enrollment 4,372 4.607 4,862 4,763 4,862 SURPLUS OR(IJNHOUSED) PROGRAM CAPACITY (467) (702) (957) (858) (957) (734) (800) RELOCATABLE CAPACITY Current Portable Capacity 300 300 725 975 975 975 975 Add new portable capacity 375 250 Move from Elementary 50 Adjusted Portable Capacity 300 725 975 975 975 975 975 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY (167) 23 18 117 18 241 175 NOTES: 1. Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based upon actual population needs. 2. Truman High School modernization and expansion cappma vuw In PM III-12 tl7 NI O Of N •- !7 m f� Of Y7 l7 O N N] N eh < t7 m (D Ln m O O � O O m Cf «� 0 U V M O m m m en m m m F � � -WMen C4nomvr� c in t m(D c o o c o o c c o 0 = o � omu� rnorno � ID M O !'f O m Oa O O V 4 S v 0Ocn O1� 9 U 0 !+f O V m l� Y7 O V m 0- O P7 1� r m dU. 0 0 0 0 0 0 O y c o 0 0 o c o 0 0 0 L O P7 O m O m M t�0 GO O w O O N O �- Of cn P1 O O) O P7 l7 f�f m 2 m 0Oa7O < Om � m N � `p g O m 0 S O Ln m m v m .0 Of MN O O O O °� 7 y {L ...� O O O O O O O O O O Ln O m m m O N m w w < �t{ppp O O 'C N O U en N C M ^ u7 O CC O f0 O coV CO Lr)i 0 0 e N M Uf. d w Co m CO 0 m d 9 U LO W C m , 1f7 Vf O m a U e- 0 O O ci 7 g e O . to N 1� v c� Of H7 f N � O o O C p E .. N W N m 1, V l) 47 0f 1 c Z y y LL' V V V N V N V W C C O O O C O o 0 a v L L of !-- O m .N.. S w t Q O � N m U S L I^ Nlm d U co 0 0 C CO V I� c7 c7iV -IM m a L 0 0 0 0 .�. U y LL• I O G = to cm 0 < M CO N ao ? v L d N V CD t- 0 Oho tD � PN7 CO Cd :0 0 7 tm g O 0 0 1 O O O .0 E O V L y � O O O o < G L > > tnr I^ I C7 �, z — c w ,, I = a � v] G � :9 c p mMUo �io �Ilc° w 3 d � o oNoo J ^ = d dov � mloNNN _ a 3 ° o E E V � ins ' mrn U. o000 �I x o uJ �� It U � � c � � I L U N o EtmS c � G g U. o c o o a c o o O10 o p 3 E a ; o N 4 z ' b L o C U O UI C w O N t V tO cfn y N U d o r (YoE p EnO q O L. MmOm L!) Q0q01 U W N 0 q 1 N LLLC Z C O U uqi u A O y fA ^ Y � Z c o c N z A W t� C i E c v 3 d O c q $ 3 u W ° .5 ° = C� a cS � u v W E o° 'q o �j o tFF G = o E E `o E rn cn CD h V I.- U U a a U K a s rn rn rn rn rn rn SECTION IV SUMMARY OF CHANGES FROM THE 1997/98 CAPITAL FACILITIES PLAN The 1997/98 Capital Facilities Plan is an updated document, based on the 1996/97 Capital Facilities Plan. The changes between the 1996/97 and 1997/98 Plan are listed. SECTION I- THE CAPITAL FACILITIES PLAN CURRENT INVENTORY OF NON-INSTRUCTIONAL FACILTTES Developed Provertv Security/Science Kit Center is sold Undeveloped Pronertv Site 98 is sold NEEDS FORECAST - EXISTING FACILITIES Facility equity updates have been removed from the needs forecast- existing facilities. NEEDS FORECAST - NEW FACILITIES A new elementary school is added to the needs forecast — new facilities. The Six Year Finance has been rolled forward to reflect 1998/2003 Iv-1 CAPACITY CHANGES FROM 1996/97 TO 1997/98 The Study and Survey Committee did a full inventory of all educational facilities and met with building administrators to discuss program needs. Committee members developed a target capacity for each building. This capacity was calculated using baseline instructional space requirements to meet current and proposed educational plans. The capacities shown represent actual program capacities as they exist at the time of publishing. IV-3 - I IMPACT FEE CALCULATION CHANGES FROM 1996/97 TO 1997/98 STUDENT GENERATION FACTORS Student Generation factors are based on rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation. The changes in student Generation factors between the 1996/97 Capital Facilities Plan and the 997/98 Capital Facilities Plan are due to developments that were deleted or added based upon the age of the developments. IMPACT FEE Item From/To Comment Elementary Site Cost $4,500. To Current negotiated prices $25,000. Percent of Permanent Facilities 97.45 % to Purchase of additional portable facilities 9 7.34% Percent Temporary Facilities 2.55%to 2.66% Temporary Facility Cost $92,361 to Updated cost of most recently $62,368 purchased portable (Adelaide Elementary) Boeck Cost/Sq Ft $94.27 to Change per SPI $97.23 State Match 58.92% to Change per SPI 59.89% Average Assessed Value SFR - Per Puget Sound Educational Service $136,500 to District (ESD 121) $143,979. MFR - $41,846 to $34,641. Capital Bond Interest Rate 5.81% to Market Rate 5.19% Property Tax Levy Rate $1.55to $1.47 Per King County IV-5 C,I PITAL FI CILITIES ELEMENT CHA PTER EIGHT and City water rights records are on file with the City' Department of Public Works. The voluminous inventory of current stormwater management facilities is on file with the Citv's Department of Public Works. The geographic locations of water distribution facilities are found on Figure 8.4. TRANSPORTATION FACILITIES The City's road system current inventory consists of approximately 254.9 total land miles for four major categories of roads; 40.5 miles of principal arterials; 91 miles of minor arterials: 94.4 miles of collector arterials. and 29 miles of local roads. There are nine bridges in Kent. In 1993, transportation networks for pedestrians include Widened shoulder 19.35 miles Gravel Paths 28.31 miles Asphalt sidewalks 4.69 miles Concrete sidewalks 108.56 miles Pathways 21.01 miles The pedestrian transportation inventory will be updated after a physical inventory of the Meridian Annexation area is completed. The geographic locations of major transportation facilities are found on Figure 9.1 of the transportation element. PLBLIC EDUCATION FACILITIES Most of Kent's residential areas are served by the Kent School District. the Renton School District serves students from an area of Kent near the north City limits, and Kent students from a section of the West Hill of Kent attend Federal Way Schools. Detailed inventories of school district capital facilities are contained in [he capital facilities plan of each school district. The capital facilities plans of the Kent and Federal Way School Districts have been adopted as part of the Citv's Capital Facilities Element. The geographic locations of schools in Kent are found on Figure 8.1. PLBLIC LIBRARY FACILITIES The Citv of Kent is served by the King County_ Library system in the Kent Library building at 212 2nd Avenue West, which was built in 1992. Detailed information regarding the King Countv Library Svstem is contained in the King Countv Library Svstem, The Year 2000 Plan. September 1992. The geographic location of the Kent Library building is found on Figure 8. 1. 8_12 KE:vT COMPREHENSIVE PLAN - Revision #1 (10/97) CHAPTER EIGHT CAPITOL FACILITIES ELEMEAT Policy CFP-6.4 - When possible, enter into agreements with Kin n, Corut and other providers of public facilities to coordinate planning for and development of the Kent Urban Growth Area, including implementation and enforcement of Policies CFP-6.1 - 6.3. Policy CFP-6.5 - The City shall adopt the capital facilities plans of the Kent and Federal Way School Districts by reference as part of this Capital Facilities Element. The City will review these plans on an annual basis to assess the districts' enrollment projections, levels of c:r vice, capacity, and financing plan. Goal CFP-7 - Implement the Capital Facilities Plan in a manner that coordinates and is consistent with the plans and policies of other elements of the City Comprehensive Plan, Countvvvide Planning Policies, the Growth Management Act of the State of Washington, and, where possible, the plans and policies of other regional entities, adjacent counties, and municipalities. Policy CFP-7.1 - Manage the land development process to ensure that all development receives public facility levels of service equal to, or greater than the standards adopted in Policy CFP--)'.-)' by Implementing the "CFP Projects and Financing Plan" contained in the Capital Facilities Plan. and by using the fiscal resources provided for in Goal CFP-4 and its supporting policies. W Ensure that all Category A and B public facility capital improvements are consistent for planning purposes with the adopted land use map and the goals and policies of other elements of this Comprehensive Plan Ensure that the location of, and level of se— ce provided bs projects in the "CFP Projects and Finan, Plan" maintain adopted standards for levels of service for existing and future development in a manner and location consistent with the Land U e Element of this Comprehensive Plan. (it) Integrate the Cin's land use planning and decisions with its planning and decisions for public facility capital improvements b. developing, adopting, and using the programs listed in the "Implementation Programs" section of the Capital Facilities Plan. (.Vote. Plans to implement the Comprehensive Plan elements, including a proposed concurrence ordinance, will be presented to the Planning Commission at a later date.) Policy CFP-7.2 - Ensure that implementation of the Capital Facilities Plan is consistent with the requirements of the adopted Countrywide Planning Policies. Goal CFP-8 - The City shall participate in a cooperative interjurisdictional process to determine siting of essential public facilities of a county-wide. regional, or state-wide nature. Policy CFP-8.1 - Proposals for siting essential public facilities within the Ciry of Kent or within the Citr's growth boundan shall be reviewed for consistenn, with the Cin's Comprehensive Plan during the initial stages of the proposal process. KENT COMPREHENSIVE PLAN- Revision #1 (I01,97, 8-27 PORTABLE CHANGES FROM 1996/97 to 1997/98 The numbers of portables in the 1996/97 Capital Facilities Plan indicated number of portable structures at each site. The 1997/98 Capital Facilities Plan indicates the number of portable classrooms available at each site. ELEMENTARY Adelaide— One new portable Wildwood— Two from Sherwood Forest Elementary SECONDARY Totem— One from Camelot Elementary IV-4 SECTION III - SUPPORT DOCUMENTATION CAPACITY Changes to capacity between the 1996/97 Capital Facilities Plan and the 1997/98 Capital Facilities Plan can be found on page IV-3. PORTABLES The list of portables reflects the movement of portables between facilities or new portables purchased. Changes to portables between the 1996/97 Capital Facilities Plan and the 1997/98 Capital Facilities Plan can be found on page IV-4. STUDENT FORECAST The Student Forecast now covers 1998 through 2003 The new forecast reflects an increased rate of growth at a decreasing rate observed in the District. CAPACITY SUMMARY The changes in the Capacity Summary are a reflection of the changes in the capacities and student forecast. The Board is considering the Federal Way Academy, a program for junior high students that would be sited at an existing junior high site in portables. This program is shown as an increase in capacity in the 1999/2000 school year. IMPACT FEE CALCULATION - KING COUNTY CODE 21A The Impact Fee Calculations have changed due to changes in several factors. The adjustment made in the Impact Fee Calculation, causing a change in the Impact Fee between the 1996i97 Capital Facilities Plan and the 1997/98 Capital Facilities Plan can be found on page IV-5. IV-2 FEDERAL WAY SCHOOL DISTRICT#210-1997/98 CAPITAL FACILITIES PLAN _ IMPACT FEE School Site Acquisition Cost: Student Student Facility Cost/ Facility Factor Factor Cost/ Cost/ Acreage Acre Capacity SFR MFR SFR MFR Elementary 14.00 $25,000 510 .385 _ .108 5264 $74 _ _..... » __...._. ._ .. Jr Hi h 30.17 78..7 ».117 037 SO I SO Sr High 0.00 SO 1.232 .106 .036 SO SO TOTAL $264 S74 School Construction Cost: Student Student %Perm Fac./ Facility Facility Factor Factor Cost/ Cost/ Total Sq Ft Cost Capacity .SFR .MFR SFR MFR Elementary97.340/o 510,500,000 510 .385 :108 $7,718 $2.160 787 .037 $0 $0 JrHigh .._....._.97.45% ._.._....._......_...» _»_..__..........__._.,_.._.....—._._._.._. *Sr High 97.45% 51,833.152 100 106 .036 $1.901 5648 * Senior High is Truman Aletnative School Grades 9-12 TOTAL 59.618 2.8091 Temporary Facility Cost: Student Student %Temp Fac. Facility Facility Factor Factor Cost/ Cost/ Total Sq Ft Cost Size SFR MFR SFR MFR Elementary 2.66I $62.368 25 385 .108 $26 S7 Jr High 2.66 $62.368 �5 ............. S8 S2 ... ........ .. ........................ .............---.. ..Sr High 2.66 $62,368 _5 106 .036 $7 TOTAL S40 S12 State Matching Credit Calculation: Student Student Boeck Cost/ Sq. Ft. State Factor Factor Cost/ Cost/ Sq Ft Student Match SFR MFR SFR MFR Elementary $97.23 80 59.89% .385 .108 $1,794 $502 ....................._..... »._......-......_........ ..........................._............................... . Jr High $97.23 0 59.89% .117 .037 SO SO Sr High $97. 3 120 59.89% 106 .036 $743 5254 Total S2S37 5756 Tax Pavment Credit Calculation SFR MFR Average Assessed Value(April 98) $143:... $34,641 Capital Bond Interest Rate (April 98) . 5_19% _^_ 5.19% Net Present Value of Average Dwelling _$1,101,581 _$265:038 Yearn Amortized �10 _1.0 Property Tax Levy Rate _ $1.47 S 1 47 Present Value of Revenue Stream 51,619 5390 Single Family Multi-Family Residences Residences Mitigation Fee Summary Site Acquisition Cost $264 S74 Permanent Facility Cost $9,618 $2,809 Temporary Facility Cost S40 S 12 State Match Credit (52,537) (5756) Tax Payment Credit ($1,619) (5390) Sub-Total 55,766 S1,749 50%Loral Share 52,883 S875 Im act Fce 52.883 5875 IMP=19" u'"PM III-15 King County, the Citv of Federal Way, and the City of Kent Impact Fee Calculations Single and Multi-Family Residences Each jurisdiction that imposes school impact fees requires that developers pay these fees to help cover a share of the impact of new housing developments on school facilities. To determine an equitable fee throughout unincorporated King County, a formula was established. This formula can be found in King County Code 21A and was also adopted by the City of Federal Way and Kent. The formula requires the District to establish a "Student Generation Factor" which estimates how many students will be added to a school district by each new single or multi-family unit and to gather some standard construction costs, which are unique to that district. - STUDENT GENERATION FACTOR ANALYSIS The Federal Way School District student generation factor was determined separately for single family units and multi-family units. The factors used in the 1997/98 Capital Facilities Plan were derived using actual generation factors from single family units and multi-family units, which were constructed in the last five (5) years - IMPACT FEE CALCULATION Following the calculations for the student generation factor is a copy of the Impact Fee Calculation for single family and multi-family units based on King County Code 21A and the Growth Management Act. Single Family Units $2gg3 Multi-Family Units $875. Student Generation Factors - For page numbering III-13 FEDERAL WAY SCHOOL DISTRICT#210- 1997/98 -_ CAPITAL FACILITIES PLAN CAPACITY SUMMARY-JUNIOR HIGH SCHOOLS Actual -- Projected-- CAPACITY 1997 1998 1999 2000 2001 2002 2003 BUILDING PROGRAM CAPACITY 4,721 4,721 4,721 4,871 4,871 4,871 4,871 2. Federal Way Academy 150 Adjusted Program Capacity 1 4,721 1 4,721 14,871 1 4,871 1 4,871 1 4,871 1 4,871 ENROLLMENT Basic FIE Enrollment 5,144 5,040 5,014 5,077 5.299 5,533 5,554 SURPLUS OR(UNHOUSED) PROGRAM CAPACITY (423) (319) (143) (206) (428) (662) (683) RELOCATABLE CAPACITY Current Portable Capacity 425 425 425 425 425 425 725 Add/Subtract portable capacity 225 Add From Elementary 75 Adjusted Portable Capacity 425 1 425 1 425 1 425 1 425 1 725 725 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 2 106 282 219 (3) 63 42 NOTES: 1. Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based upon actual population needs. 2. Federal Way Academy junior high program will increase capacity atone junior high site. CAP-=" vrvs 777 7 2'.22 PM FEDERAL WAY SCHOOL DISTRICT#210-1997/98 - CAPITAL FACILITIES PLAN CAPACITY SUMMARY-ALL GRADES Actual -- Projected-- CAPACTTY 1997 1998 1999 2000 2001 2002 2003 BUELDING PROGRAM CAPACITY 19,828 19,828 19,802 19,926 19,900 19,974 20,458 Add or subtract changes to capacity 2. Federal Way Academy 1S0 3. Special Education Changes (26) (26) (70 (26) (26) 4. New Elementary 510 5. Truman High modernization and expansion 100 Adjusted Program Capacity 19,828 19,802 19,926 19,900 19,974 20,458 20,458 ENROLLMENT Basic FTE Enrollment 20,615 1 20,976 121,321 1 21.641 121.840 1 22,119 122,405 SURPLUS OR(UNHOUSED) PROGRAM CAPACITY 1 (7=395) 1 (1,741) (1,866) (1,661) 1 (1947) RELOCATABLE CAPACITY Current Portable Capacity 1,625 1,625 2,000 2,250 2,250 2,250 2,475 Add new portable capacity 375 250 1, 225 Adjusted Portable Capaciry 1.625 2,000 2,250 2.250 2,250 2,475 2,475 SURPLUS OR (UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 838 826 855 509 384 814 528 NOTES. 1. Relocatable Capacity is based on the number of portables available and other administrative techruques which can be used to temporarily house students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based upon actual population needs. 2. Federal Way Academy junior high program will increase capacity at one Junior High Site 3. Add Programs- 3 ECEAP, 1 SBD (Severely Behavioral Disordered)and I Pre-School Program 4. New Elementary 5. Truman High School modernization and expansion c.PKMM VV" I=PM III-9 ,; Kent City Council Meeting Date July 7 1998 Category Other Business 1. SUBJECT: ACCEPTANCE OF DONATION OF GUNTHER FAMILY TRUST PROPERTY 2 . SUMMARY STATEMENT: The Gunther Family Trust offered to donate a piece of property located adjacent to the south property line of Lake Fenwick Park. The property is valued at $50, 000 and will be a useful addition to Lake Fenwick park. The City will be required to pay only closing fees and title insurance in the amount of $885 . 3 . EXHIBITS: Memo to Parks Committee and maps of property location and size 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examinoir, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSOMPEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $885. 00 SOURCE OF FUNDS: La nd Acquisition Budget 7 . CITY COUNCIL ACTION x CouncilmemberL? moves, councilmember seconds to accept the property located south of Lake Fenwick donated by the Gunther Family, and to compensate the Gunther Family Trust $885 for closing costs and title insurance. DISCUSSION: _ ACTION: li} }'l Council Agenda Item No. 4B RecreationKent Parks & Memo To: Judy Woods, Councilperson Sandy Amodt, Councilperson Rico Yingling, Councilperson From: Helen Wickstrom, Parks Special Project Manager CC: John Hodgson, Parks Director Date: 06/24/98 Re: Item for the July 7 Council Meeting to Accept Land Donation The Gunther Family Trust has offered to donate a piece of property to the City of Kent that is located adjacent to the south property line of Lake Fenwick Park. Escrow is ready to close this transaction but cannot do so without Council approval to accept the donation. Brent McFall said if I did a phone survey of the Parks Committee and didn't receive any objections, I could place the item under"other business" on the July 7th Council agenda. If we wait until after the July 22 Parks Committee to go to Council, it will be August a before any action can be taken. The property is valued at$50,000.00. The Gunther Family Trust does not want to incur any costs as a result of this donation and have requested that the City pay all closing costs and title insurance. The estimate cost to the City for these fees is $885.00. The Parks Department feels that this is fair. The donated property will make a valuable addition to Lake Fenwick Park. The costs will be taken from our budgeted land acquisition account Please phone Teri Stump or Joan Broom at 253 859-3992 and let them know if you approve placing acceptance of the Gunther Family Trust land donation on the July 7'" Council agenda under "other business". 0 Page 1 i` vTSprsp-85'I0r, 86082 7 0136 ,1 .V �9iZ,t° O'.�.\i I�p �•/•O iiK-.rr�rl \- � ':1• Z ^ gpJ120l0902 _ �IL for z ,, SI� toi J 0.1° 1 • n.e 0 4. ` 1 j by 1•. lilpl d7,6 dF 8J12070lOJ X i� Q ';l O .� �- L°I 2 r•1 Lel J {'P �y 1 n T ''arr rp.• aK 1.1 '•L.O —: ON 4 Il i,�JiT k } jo \ aim S } M1' u. ✓ V. �. •D W , Y r• 1\ \ aw l+l l r®r, .1 m I.r4 1 ti �-� _ r' l•' _ i G 1 7 I41k h 1° i S 9` ,�r•l. d v Wo 44 - � s � e Sf.Sx. ' �priLlN✓ *n.�.aozvgnaea�. (1 mutax KzkrmL Lim SCALE I" = 100' Ej ,ass-fiE ice .ie'� «sz.re s .Ye,•r/ e?,j ie�B 132 S6 air y�E'rL GD f r' * i Uhl tA,7te� o S 3 * , — Otte r /4r1CSll t 7,t47 R,97Sd ' 7.001f d•Jj%a � �7'.I„rif• 4� �'S r LL ers° ......-.•. z:s.: , fit. .rs6.rz G,w/ ' Li -33 :off zrte'd '1 w --ate zri.r kh _ .r' .as t .wad:' Q1 i 31r ew° - e 10°a f7t° ��Y° L 'A'00• t 1 r�Trc VM A v zza r ss- ` r i � , c cis Sri � l4^d'!�" � N 45•ae6 144, ell � 6 ese jen e1Q � •Zy, x•et7�=. o f 0• ,.,.o.,..r rs..,M uu � /y 0W0kr 4, —7a J e-:a- /B : W �4� s i tl L a B°: t ynQ h . x> N ° �{ eyE•Z pest r,0e :' ,- J y '� .. r fly C04LIZh O• M �11t I •' lL 1 h GT� .73 <. rip zes- q 's2• w T t 1 e7 eL .v.e!- elf Zl Z.SL C 70 V h° °I i vz.! Joi.Ge ks�-lo-ze['F„ 6 .'Mr.r7.4 =J z N Kent City Council Meeting Date July 7 , 1998 Category Bids 1. SUBJECT: GREEN RIVER ENHANCEMENT 2 . SUMMARY STATEMENT: The bid opening for this project was held on June 30th with 10 bids received. The apparent low bid was submitted by Gaston Excavating in the amount of $492 , 872 . 96. The Engineer's estimate was $484, 627 . 50. The Public Works Director recommends that upon his concurrence, the Mayor be authorized to either award the Green River Enhancement contract to the most satisfactory responsible bidder or to reject all bids. 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: $492 , 872 . 96 SOURCE OF FUNDS: (R86) S. 277th Street Corridor 7 . CITY COUNCIL ACTION: Councilmember Nam'- moves, Councilmember seconds that upon concurrence by the Public Works Director, the Mayor be authorized to either award the Green River Enhancement contract to the lowest, satisfactory responsible bidder or to reject all bids. DISCUSSION: ACTION: Council Agenda Item No. 5A DEPARTMENT OF PUBLIC WORKS July 7, 1998 TO: Mayor S&City Council FROM: Don Wickstrom 1 RE: Green River Enhancement -Award Bid opening for this project was held on June 3'"'with 1O bids received. The apparent low bid was submitted by Gaston Excavating in the amount of 5492,872.96. The Engineer's estimate was $484,627.50. The Public Works Director recommends that upon his concurrence, the Mayor be authorized to either award the contract to the most satisfactory responsible bidder or to reject all bids. BID SUMMARY Gaston Bros Excavating 492,872.96 Scarsella Bros 530,396.70 Shear Transport, Inc. 536,039.83 Lloyd Enterprises 547,538.39 Dulin Construction 559,609.28 Lodestone Construction 622,476.18 Michele's Trucking & Excavating 669,649.32 Northwest Constniction, Inc. 735,190.51 E.J. Rodv & Sons. Inc 776,408.55 C. Wvss & Son LLC 839,77 8.82 Engineer's Estimate 484,627.50 MOTION: Councilmember moves, Councilmember seconds that upon concurrence by the Public Works Director, the Mavor be authorized to either award the Green River Enhancement contract to the satisfactory responsible bidder or reject all kids. MP05498 Project File #88-3015.4D Kent City Council Meeting Date July 7, 1998 Category Bids 1. SUBJECT: S. 196/RUSSELL ROAD IMPROVEMENTS 2 . SUMMARY STATEMENT: The bid opening for this project was held on Thursday, July 2nd. Due to time constraints resulting from the July 4th holiday, the bid information is not included in the Council packets. The Public Works Director will make a recommendation at this time. 3 . EXHIBITS• None 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: (R92) South 196th Street Corridor 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds that the S. 196th Street - Russell Road Improvements contract be awarded to for the bid amount of $ DISCUSSION: ACTION• Council Agenda Item No. 5B s a. DEPARTMENT OF PUBLIC WORKS h ` July 6, 1998 a c. TO: Mayor & City Council FROM: Don Wickstrom RE: S. 196' Street/Russell Road Improvements Bid opening for this project was held on July 2nd Nvith 7 bids received. The apparent low bid was submitted by Scarsella Bros., Inc. in the amount of $2,491,790.16. The Engineer's estimate was $2,930,623.16. The Public Works Director will make his recommendation on the award of this project at the Council meeting July 7`'. BID SUMMARY Scarsella Bros. Inc. 2,491,790.16 Gary Merlino Construction 2,734,002.35 Northwest Construction 2,791,826.84 Tri-State Construction 2,989,381.73 R. W. Scott Construction 3,159,920.34 DDI Construction 3,172,212.57 Tydico, Inc. 3,347,752.60 Engineer's Estimate 2,930,623.16 MOTION: Councilmember moves, Councih tuber seconds that the S. 196`'' Street/Russell Road contract be a arded to MP05798 ' J Q d S. 196st/RUSSEL ROAD IMPROVEMENTS Motion: that the Mayor be authorized upon concurrence by the Public Works Director and the Transportation Improvement Board to either award the construction contract for S. 196st/Russel Road Improvement to the most satisfactory and responsible bidder, or to reject all bids therefore. 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 EXECUTIVE SESSION - (1) PENDING LITIGATION (2) PROPERTY ACQUISITION