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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 08/06/2002 City of. Kent City Council Meeting Agenda 0 KENT WASH IN G T O N Mayor Jim White Councilmembers Judy Woods, Council President Tim Clark Julie Peterson Connie Epperly Bruce White Leona Orr RicoYingling August 6, 2002 Office of the City Clerk �. SUMMARY AGENDA KENT CITY COUNCIL MEETING K E N T August 6, 2002 WASHINGTON . Council Chambers 5:00 p.m. MAYOR: Jim White COUNCILMEMBERS: Judy Woods, President Tim Clark Connie Epperly Leona Orr Julie Peterson Bruce White Rico Yingling *************************************************************************** 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC 4. PUBLIC COMMUNICATIONS A. Employee of the Month B. AWC Municipal Award Certificates C. Introduction of Appointee 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes - Approval B. Bills —Approval fig' C. Street Vacation, Temperance Street—Resolution Setting Hearing Date D. Landmark Development Bill of Sale—Accept L E. Home Depot Bill of Sale—Accept 6 F. Lindental Pump Station—Accept as Complete (�?/ G. Agricultural Lands Amendment Ordinances —Adopt --h- Kent Downtown Public Market Development Authority Board Appointment—Confirm 7. OTHER BUSINESS None 8. BIDS A. Pacific Highway South HOV Lanes 2002 Storm Drainage Improvements B. 2nd Avenue Extension (continued next page) SUMMARY AGENDA CONTINUED 9. REPORTS FROM STANDING COMMITTEES AND STAFF 10. REPORTS FROM SPECIAL COMMITTEES 11. CONTINUED COMMUNICATIONS 12. EXECUTIVE SESSION None 13. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page is on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) EMPLOYEE OF THE MONTH B) AWC MUNICIPAL AWARD CERTIFICATES C) INTRODUCTION OF APPOINTEE CONSENT CALENDAR 6. City Council Action: Councilmember (Nn-omoves, Councilmember seconds to approve Consent Calendar Items A through Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of July 16, 2002. 6B. Approval of Bills. Approval of payment of the bills received through July 15 and paid on July 15 after auditing by the Operations Committee on July 16, 2002. Approval of checks issued for vouchers: Date Check Numbers Amount 7/15/02 Wire Transfers 1213-1225 $1,276,815.31 7/15/02 Prepays & 535739 1,125,610.74 7/15/02 Regular 536329 1,846,170.89 $4,248,596.94 Council Agenda Item No. 6 A-B • KEN T Kent, Washington W A S N I N O T O N July 16, 2002 The regular meeting of the Kent City Council was called to order at 7 :,00 p.m. by Mayor Pro Tem Woods . Present : Councilmembers Clark, Epperly, Orr, Peterson, White and Yingling. Others present : Chief Administrative Officer Martin, City Attorney Brubaker, Police Chief Crawford, Fire Chief Schneider, Public Works Director Wickstrom, Parks, Recreation and Community Services Director Hodgson, and Assistant Finance Director Hillman. Mayor White was not in attendance . Approximately 30 people were at the meeting. (CFN-198) CHANGES TO THE AGENDA Other Business Item 7B was added at the request of Council member Epperly. Martin removed Item 4B from Public Communications . White removed Item 6P from the Consent Calendar. Woods added a Public Communications item introducing an appointee, and Consent Calendar Item 6T confirming the appointment . Continued Communications Item 11A was added at the request of Joe Rubio; Val Ensor noted that she would like to comment on the S . 228th Corridor Noise Abatement Wall , which was added as Continued Communications Item 11B; and Continued Communications Item 11C was added at the request of Ted Kogita, 25227 Reith Road. (CFN-198) PUBLIC COMMUNICATIONS National Night Out. Mayor Pro Tem Woods read a pro- clamation noting that it is important that all citizens of the City of Kent know the value of crime prevention programs and the impact that citizen participation can have on reducing crime and drug abuse, and noted that Mayor White has proclaimed August 6, 2002 as National Night Out in the City of Kent . She presented the proclamation to Judy Mauhl of the Police Department, who explained the program. Woods noted that most of the Council members will be participating in the program on August 6th. (CFN-155) Introduction of Appointee. Woods noted that the Mayor has appointed Mr. Oleg Pynda to serve as a member of the Kent Diversity Advisory Board. (CFN-155) Senior Center. Mayor Pro Tem Woods noted that City staff and many citizens are mourning the loss of three senior citizens who died in a City-sponsored event last weekend. 1 Kent City Council Minutes July 16, 2002 PUBLIC COMMUNICATIONS Parks Director Hodgson explained that a plane taking them to a fishing trip in Alaska went down and everyone on board was killed. He commended staff members Leah Bishop and Lori Hogan for their professionalism and their caring support of the families, and expressed thanks for the many offers of help from other citizens, staff members and communities . He noted that a memorial will be held on July 31st . Woods extended the Council ' s thoughts to the families, and said these three men touched the lives of many people at the Senior Center. (CFN-198) CONSENT CALENDAR ORR MOVED to approve Consent Calendar Items A through T, with the exception of Item P. Yingling seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) (CFN-198) Approval of Minutes . Approval of the minutes of the regular Council meeting of July 2 , 2002 . PUBLIC WORKS (CONSENT CALENDAR - ITEM 6C) (CFN-1038) King County Flood Control District Interlocal Agreement. Authorization for the Mayor to sign an interlocal agree- ment which provides for the continued support for the flood hazard reduction, flood warning and emergency response embodied in the Green River Basin program. The term of the agreement is for ten years . The citizens of Kent and the business community have benefited substan- tially from this program by the high level of risk reduction provided. (CONSENT CALENDAR - ITEM 6D) (CFN-171) S. 228th Street Corridor Noise Abatement Wall . Authorization to direct staff to include the design and construction of a noise abatement wall in conjunction with the 228th Corridor project, as recommended by Public Works Committee . (BIDS - ITEM 8A) (CFN-1270) 2002 Traffic Striping. The bid opening for this project was held on July 8th with three bids received. The low bid was submitted by Stripe Rite, Inc . in the amount of 2 Kent City Council Minutes July 16, 2002 PUBLIC WORKS $38, 429 . 50 . The Engineer' s estimate was $45, 961 .40 . The Public Works Director recommends awarding this contract to Stripe Rite, Inc . CLARK MOVED that the 2002 Traffic Striping contract be awarded to Stripe Rite, Inc . for the low bid amount of $38, 429 . 50 . Peterson seconded and the motion carried. STREET VACATION (CONSENT CALENDAR - ITEM 6E) (CFN-102) Street Vacation, Smith Street and Thompson Street. Passage of Resolution No. 1622 setting a public hearing date of August 20th for the street vacation located along a portion of Smith Street and Thompson Street, as recommended by Public Works Committee . INFORMATION TECHNOLOGY (CONSENT CALENDAR - ITEM 6F (CFN-1172) Microsoft Software Purchases. Authorization for the Mayor to sign purchase agreements necessary to purchase Microsoft Upgrade Advantage licenses from Insight Direct USA and Microsoft Software Assurance licenses from Washington State DIS contract . The need to update the City' s Microsoft software licenses was identified as part of Technology Plan 2002 . Upgrades are planned for both the Office Suite and e-mail systems software . Microsoft has altered purchasing programs and has eliminated a program that allowed purchase of version upgrades at a reduced price. This purchase takes advantage of a government open licensing program that expires on July 30th. (CONSENT CALENDAR - ITEM 6G) (CFN-1172) Desktop PC Replacement Plan 2002 . Authorization for the Mayor to sign purchase orders for replacement computers, payable to Washington State Department of Information Services, not to exceed $191 , 968 . The City PC inventory tracks 632 desktop computers that are eligible for replacement . 3 Kent City Council Minutes July 16, 2002 INFORMATION TECHNOLOGY Each year the City replaces some of the oldest and slowest computers in the City. This project will replace 150 of the oldest desktop computers in the City. Computers will be purchased from the Washington State D. I . S . contract . LODGING TAX (CONSENT CALENDAR - ITEM 6H) (CFN-1170) Lodging Tax Budget Change and Contract Amendment. Authorization for the Mayor to sign the First Amendment to Contract for Services between the City of Kent and the Kent Chamber of Commerce. At its July 2 , 2002 meeting, the Operations Committee authorized the revised Kent Lodging Tax budget of $57, 530 for the Kent Chamber of Commerce tourism efforts and amended the work plan by adding $7, 530 for a total 2002 budget and contract to reflect the changed scope of work. FIRE AND LIFE SAFETY (CONSENT CALENDAR - ITEM 6I) (CFN-122) Washington City and County Pipeline Safety Consortium Interlocal Agreement Amendment. Authorization for the Mayor to sign Amendment 1 to the Interlocal Agreement Establishing the Washington City and County Pipeline Safety Consortium, extending the current Interlocal Agreement for an additional year. The Washington City and County Pipeline Safety Consortium was established by Interlocal Agreement in the Year 2000 in response to the devastating explosion of the Olympic Pipeline in Bellingham. The current Consortium member- ship includes : Auburn, Bellevue, Bellingham, Bothell, Kent, Redmond, Renton, SeaTac, Seattle, Tumwater, Woodinville, Clark County and Thurston County. The Consortium is now reaching its two year sunset and termination, as provided in the Interlocal Agreement . Paragraph 3 .G on the Interlocal Agreement provides that additional one-year renewals may be approved by agreement of the principals . 4 Kent City Council Minutes July 16, 2002 PARKS, RECREATION AND COMMUNITY SERVICES (CONSENT CALENDAR - ITEM 6J) (CFN-118) Parks Fee-In-Lieu of Revenue Budget Transfer. As recommended by the Parks Committee, accept the fee-in- lieu of funds totaling $66 , 567 . 00 and amend the appropriate budgets for the following projects : 132nd Ave . Neighborhood Park (P68) $ 9,375 . 00 Clark Lake Park Land Acquisition (P21) $14 , 367 . 00 Service Club Ballfields (P24) $42 , 825 . 00 $66, 567 . 00 (CONSENT CALENDAR - ITEM 6K) (CFN-118) King County Youth Sports Facility Grant Application. Authorization to submit the 2002 King County Youth Sports Facility Grant Application, as recommended by the Parks Committee . (CONSENT CALENDAR - ITEM 6L) (CFN-146&118) Park/Facility Naming Policy. Passage of Resolution No. 1624 , which amends Resolution No. 1049, regarding the policies and procedures for the name of City parks and public facilities . The City finds it appropriate to update the original policy and procedure to further develop the circumstances under which it would be appropriate to name a park, public facility, or feature within a park after a living person. (CONSENT CALENDAR - ITEM 6M) (CFN-118) Service Club Ball Field Donation. Accept the $4 , 500 . 00 from the Kent Sunrise Rotary Club and amend the Service Club Ballfield budget, as recommended by the Parks Committee . POLICE (CONSENT CALENDAR - ITEM 6N) (CFN-122) Public Health Of Seattle and King County Grant. Accept a grant in the amount of $20, 000 . 00 from Public Health of Seattle & King County, and establish budget documents, as required. 5 Kent City Council Minutes July 16, 2002 POLICE The funds from this grant will be used by the Kent Youth Board to provide tobacco education and training during the 2002 "Game of Life" youth conference held in December. The grant will also allow the Kent Youth Board to participate in a regional summit next spring . The program period will run from July 1, 2002 through June 30, 2003 and will include media and public educa- tion activities . The match requirement for this grant will be met with current Drinking Driver Task Force funds . (CONSENT CALENDAR - ITEM 60) (CFN-122) Local Law Enforcement Block Grant Application. Approval to apply for an LLEBG in the amount of $68, 410 . Funds from this, grant will be used by the Community Education Unit for crime prevention and publication education programs . Funds will also be used for officer training software . The total award amounts to $68, 410 with a City match of $7, 601 . The grant project total is $76, 011 . The deadline for the application is July 17, 2002 . FIREWORKS (CONSENT CALENDAR - ITEM 6R) (CFN-122) New Years 2002 Fireworks Prohibition Ordinance. Adoption of Ordinance No. 3609, which amends Ch. 13 . 05 of the Kent City Code to prohibit the sale, purchase, possession or use of consumer fireworks during the 2002/2003 New Years period, from December 27 through December 31, and replaces the term, "common fireworks, " with the term, "consumer fireworks, " in accordance with a newly enacted state law. (CONSENT CALENDAR - ITEM 6S) (CFN-122) Permanent New Years Fireworks Prohibition Ordinance. Adoption of Ordinance No. 3610 , which amends Ch. 13 . 05 of the Kent City Code to permanently prohibit the sale, purchase, possession, use and discharge of consumer fireworks from December 27 through December 31 of each year. 6 Kent City Council Minutes July 16, 2002 AGRICULTURAL LANDS (CONSENT CALENDAR - ITEM 6P) (CFN-131) (REMOVED BY COUNCIL MEMBER WHITE) Agricultural Lands Amendment Ordinance. The Planning Committee has recommended approval of an amended Land Use and Planning Board recommendation for Comprehensive Plan and Zoning map, text, and use amendments in the Agricultural Lands study area. The study area includes lands with a current zoning designation of A-1, Agricultural, and AG, Agricultural General . The Committee ' s recommendation includes Agricultural Resource Land, Agricultural Support, and low-density Single Family Residential designations . The Committee recommendation is consistent in the southern area with the Board' s recommendation, with the exception that "reserve" lands with development rights previously sold to King County would be designated A-10 . The Committee recommendation for the central and northern areas again designates King County lands as A-10 and designates all other areas SF-1/SR-1 . The Committee also recommends a subsequent comprehensive plan and zoning amendment procedure to provide a clustering provision in areas zoned SR-1 . Details of the Planning Committee ' s motion are included in the staff memorandum of July loth. ORR MOVED to accept in part and modify in part the Land Use and Planning Board' s recommendation regarding Agricultural Lands as follows : • for the southern study area to accept the map, text and use recommendations regarding comprehensive plan designations of Agricultural Support and zoning designations of AG, and to modify the recommendation to replace the zoning designation of A-1 on King County PDR program lands with a zoning designation of A-10 ; • for the central study area to modify the map, text, and use recommendations to change the comprehensive plan and zoning designations to SF-1/SR-1 ; • for the northern study area to modify the map, text, and use recommendation to replace the zoning designa- tion of A-1 on King County PDR program lands with 7 Kent City Council Minutes July 16, 2002 AGRICULTURAL LANDS a zoning designation of A-10 ; and to replace the remaining comprehensive plan and zoning designations with SF-1/SR-1; • for all study areas, neither a PDR nor a TDR program would be created because the only agricultural resource lands would be those for which King County has already purchased the development right; • and to conduct a public hearing on August 20, 2002 , on the limited issue of enacting comprehensive plan and zoning code amendments to add clustering to the SF-1/SR-1 designations for lands in the agricultural study areas . Woods seconded. Orr explained that this recommendation came from the Planning Board. Yingling noted that he is opposed to the motion as he is inclined to move towards an SF-3/SR-3 designation for those property areas designated SF-1/SR-1 in the motion. Upon a roll call vote, the motion was defeated by a vote of 5-2 , with Orr and Woods in favor and Clark, Epperly, Peterson, White and Yingling opposed. WHITE MOVED to accept in part and modify in part the Land Use and Planning Board' s recommendation regarding Agricultural Lands as follows : • for the southern study area to accept the map, text and use recommendations regarding comprehensive plan designations of Agricultural Support and zoning designations of AG, and to modify the recommendation to replace the zoning designation of A-1 on King County PDR program lands with a zoning designation of A-10 ; • for the central study area to modify the map, text, and use • recommendations to change the comprehensive plan and zoning designations to SF-1/SR-1 ; 8 Kent City Council Minutes July 16, 2002 AGRICULTURAL LANDS • for the northern study area to modify the map, text, and use recommendation as follows : - to replace the zoning designation of A-1 on King County PDR program lands with a zoning designation of A-10; - to adopt SF-3/SR-3 comprehensive plan and zoning designations as designated in Option C; and - to replace the remaining SF-1/SR-1/TDR Receiving Overlay and SF-1/SR-1/Urban Separators with SF-1/SR-1 for all study areas, neither a PDR nor a TDR program would be created because the only agricultural resource lands would be those for which King County has already purchased the development right . Peterson seconded. white explained that the SF-3 option lessens the City' s legal liability and is the zoning the current land owners have asked for. The City Attorney clarified that this motion refers to the SR-1 lands in the northern study area and does not include clustering. Planning Manager Anderson displayed a map and pointed out the areas which would be affected. The motion then carried unanimously. KENT STATION (CONSENT CALENDAR - ITEM 6Q)- (CFN-171) Kent Station Planned Action Ordinance. Adoption of Ordinance No. 3608 designating "planned actions" as provided under SEPA and GMA for the Kent Station project . The Planned Action Ordinance for Kent Station describes types and amounts of land use development in a specific area of Downtown Kent for which environmental review has been completed. The Ordinance selects Alternative 2 from the environmental document as the Preferred Alternative . Future proposals for development that are consistent with the Planned Action Ordinance will not require a separate environmental evaluation nor be subject to procedural appeals under the State Environmental Policy Act . 9 Kent City Council Minutes July 16, 2002 APPOINTMENT (CONSENT CALENDAR - ITEM 6T) (CFN-1127) (ADDED ITEM) Diversity Advisory Board. Confirmation of the Mayor' s appointment of Mr. Oleg Pynda to serve as a member of the Kent Diversity Advisory Board. Mr. Pynda is employed as Director of the Ukrainian Community Center. He was born in Ukraine and has been a Kent resident for eleven years . Mr. Pynda hopes to serve as liaison between the Ukrainian Community and the City of Kent . He will replace Marya Goy, who resigned, and his term will continue until 9/30/04 . FINANCE (CONSENT CALENDAR - ITEM 6B) (CFN-104) Approval of Bills. Approval of payment of the bills received through June 30 and paid on June 30 after auditing by the Operations Committee on July 2 , 2002 . Approval of checks issued for vouchers : Date Check Numbers Amount 6/30/02 Wire Transfers 1203-1212 $ 990, 967 . 18 6/30/02 Prepays & 535098 1, 586,262 . 61 6/30/02 Regular 535738 1, 959, 395 . 73 $4 , 536, 625 . 52 Approval of checks issued for payroll for June 1 through June 15 and paid on June 20, 2002 : Date Check Numbers Amount 6/20/02 Checks 261081-261427 $ 268, 954 . 26 6/20/02 Advices 130320-131006 1, 158,372 . 06 $1, 427, 326 . 32 Approval of checks issued for payroll for June 16 through June 30 and paid on July 5, 2002 : Date Check Numbers Amount 7/5/02 Checks 261428-261818 $ 278, 468 . 19 7/5/02 Advices 131007-131755 1, 105,496 . 13 $1, 383 , 964 . 32 10 Kent City Council Minutes July 16, 2002 FINANCE (OTHER BUSINESS - ITEM 7A) (CFN-104) Limited Tax General Obligation Bonds 2002 Ordinance and Bond Purchase Contract. The City Council has recommended approval of the 2002 LTGO Bond Ordinance and authoriza- tion for the Mayor to sign the Bond Purchase Contract with Lehman Brothers. John Hillman, Assistant Finance Director, introduced Dick King of Lehman Brothers, who reviewed the bond issue and purchase contract . King noted that the City has a bond rating from Moodys of Al and of AA- from Standard & Poore ' s . He announced that the interest rate is just under 4 . 7% . YINGLING MOVED to adopt 2002 LTGO Bond Ordinance No. 3607 and to authorize the Mayor to sign the Bond Purchase Contract with Lehman Brothers . Orr seconded and the motion carried. COUNCIL (OTHER BUSINESS - ITEM 7B) (CFN-198) King County Council. Epperly explained that Kent Pullen and David Irons brought forth a charter amendment which would downsize the King County Council from 13 members to 9 members . She read a resolution in support of the amendment, and MOVED to adopt Resolution No. 1623 . White seconded. Yingling expressed concern that Kent residents are properly represented on the County Council , and Orr pointed out that it is important that the voters have an opportunity to speak. The motion then carried. Woods opined that the County Council positions should be non-partisan positions . REPORTS Planning Committee. Orr noted that the next meeting will be held at 3 : 00 p.m. on September 17 . (CFN-198) REFERENDUM 51 (CONTINUED COMMUNICATIONS - ITEM 11A) (CFN-198) Referendum 51. Joe Rubio, 3831 S . 248th, outlined some unfinished transportation issues and other high cost projects and asked the Council to consider not supporting Referendum 51 or any proposal which does not include at least performance measures and performance audits, and 11 Kent City Council Minutes July 16, 2002 REFERENDUM 51 demands that the programs be accountable to the tax payers . Yingling agreed that performance measures and audits should be included. S . 228th STREET CORRIDOR (CONTINUED COMMUNICATIONS - ITEM 11B) (CFN-171) S. 228th Street Corridor Noise Abatement Wall. Val Ensor, resident of The Lakes, spoke in favor of the noise abatement wall . Peterson noted that additional design work and input will occur before the wall is built . PERFORMING ARTS CENTER (CONTINUED COMMUNICATIONS - ITEM 11C) (CFN-118) Performing Arts Center. Ted Kogita, 25227 Reith Road, noted that at the Operations Committee meeting of June 4 , 2002 , an expense of $2 , 230, 640 was shown under Other Kent Station Related Projects for Performing Arts Land Interest Expense . Martin explained that when the Performing Arts bond measure failed, the property was no longer eligible for tax exempt status for bonding measures, and that the tax exempt status was being moved 0 somewhere else . He noted that the property was only being identified as the potential site, and said there was no money anywhere in the Kent Station budget for a performing arts manager or anything like that . Upon Yingling ' s request, Martin agreed to clarify that this is a designation for the'-property before the bond failed so that there is no confusion in the future. ADJOURNMENT PETERSON MOVED to adjourn at 7 : 52 p.m. Orr seconded and the motion carried. Brenda Jacober, CMC City Clerk 12 Kent City Council Meeting 0 Date August 6, 2002 Category Consent Calendar 1. SUBJECT: STREET VACATION, TEMPERANCE STREET—RESOLUTION SETTING HEARING DATE 2. SUMMARY STATEMENT: As recommended by Public Works Committee, passage of Resolution No. setting a public hearing date of September 17th for the street vacation located along a portion of Temperance Street. 3. EXHIBITS: Public Works Director memorandum, vicinity map, petition, and resolution 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone:253-856-5500 K E N T Fax: 253-856-6500 WASH I N G T O N Address: 220 Fourth Avenue S. Kent,WA 98032-5895 Date : July 15, 2002 To: Public Works Co mittee From: Don WickstrC4 Public Works Director Subject : Street Vacation - Temperance Street Pursuant to Ordinance #1934 , we are requesting authorization to vacate a portion of Temperance Street . In accordance with state law, a public hearing must be held. The Public Works Department recommends adoption of a resolution setting the public hearing date . MOTION: Recommend Council adoption of a resolution setting a public hearing date of September 17th for the street vacation located along a portion of Temperance Street . Street Vacation PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director • Phone: 253-856-5500 K E N T Fax: 253-856-6500 WASH I M G T O M Address: 220 Fourth Avenue S. Kent,WA 98032-5895 Date: June 7, 2002 To: Kim Adams-Pratt From: Jerry McCaugh Subject: Temperance Stree acation In reference to subject matter, would you please begin the process of introducing a resolution to be initiated by the City Council(SEE ORDINANCE#1934) to vacate a portion of Temperance Street. This is needed as part of the overall development for the Kent Station. Attached you'll find the legal description and map for the resolution. If you need anything else please let me know. Cc: Mayor Jim White Mike Martin, Deputy Chief Administrative Officer Don Wickstrom, Public Works Director Attachment ii ORDINANCE NO. A 1a AN ORDINANCE of the City of Rent, Wash- ington, creating a street vacation procedure .� and repealing Ordinances 1256 and 1495 of the City of Rent. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. INITIATION OF PROCEEDING - FEE. The owners of an interest in any real estate abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, nay petition the City Council to make such vacation, giving a description of the property to be vacated, or the Council may itself initiate by resolution such vacation procedure. The petition is signed by the owners of more than two-thirds (2/3) of the property abutting upon the part of such street or alley sought to be vacated and is accompanied by a fee of ONE HUNDRED and FIFTY (150) DOLLARS and the Council by resolution shall fix a time when the petition shall be heard and determined by them, which time shall not be more than sixty (60) days nor less than twenty (20) days after the date of the passage of such resolution. Section 2. NOTICE OF HEARING - OBJECTIONS PRIOR TO HEARING. Upon the passage of the resolution, the City Clerk shall give twenty (20) days notice of the pendency of the petition by a written notice posted in three (3) of the most public places in the City and a like notice in a conspicuous place on the street or alley sought to be vacated. The notice shall contain a state- ment that a petition has been filed to vacate the street or alley described in the notice, together with a statement of the time and place for the hearing of the petition. The City Clerk shall also direct a copy of the notice and of the resolution to the City Planning Director who shall solicitr comments from city depart- ments, from utility companies and from such others as he believes to have a special interest in the vacation. If the proceeding is initiated by resolution of the City Council without a petition having been signed by the owners of more than two-thirds (2/3) of -1- the property abutting upon the part of the street or alley sought to be vacated, in addition to the notice hereinabove required, there shall be given by mail at least fifteen (15) days before the date fixed for the hearing, a similar notice to the owners or re- puted owners of all lots, tracts or parcels of land or other pro- perty abutting upon any street or alley or any part thereof sought to be vacated, as shown on the rolls of the County Assessor, dir- ected to the address thereon shown. PROVIDED, that if the owners of fifty (50) percent of the property abutting upon the part of such street or alley sought to be vacated file written objection to the proposed vacation with the Clerk, prior to the time of hearing, the City shall not proceed with the resolution. Section 3. HEARING - ORDINANCE OF VACATION. The hear- ing on such petition or resolution shall be held before the City Council upon the date fixed by resolution or at the time to which said hearing may be adjourned. The City Planning Director shall report his findings at the hearing. If the City Council deter- mines to grant said petition or any part thereof, they shall by ordinance vacate such street, or alley, or any part thereof, and the ordinance may provide that it shall not become effective un- til the owners of the property abutting upon the street or alley, or part thereof so vacated, shall compensate the City in an amount which does not exceed one-half (1/2) the appraised value of the area so vacated. PROVIDED, that such ordinance may provide that the City retain an easement or the right to exercise and grant easements in respect to the vacated land for the construction, re- pair, and maintenance of public utilities and services. PROVIDED FURTHER, that the City shall not vacate such street, or alley, or any parts thereof if any portion thereof abuts on a body of water unless such vacation be sought to enable the City, port, district or state to acquire the property for port purposes, boat moorage or launching sites, park, viewpoint, recreational or educational purposes, or other public uses. This proviso shall not apply to industrial zoned property. A certified copy of such ordinance shall be recorded by the City Clerk and in the office of the King County Auditor. The one hundred fifty dollar (150) fee shall not be refundable whether or not the petition is granted. Section 4. TITLE TO VACATED STREET OR ALLEY. If any street or alley is vacated by the City Council, the property with- in the limits so vacated shall belong to the abutting property owners, one-half (1/2) to each. Section 5. VESTED RIGHTS NOT AFFECTED. No vested rights shall be affected by these provisions. Section 6. Ordinances 1256 and 1495 of the City of Kent are hereby repealed. Section 7. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. ISABEL HOGAN, OR ATTEST: MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: D017ALD E. MIRK, CITY ATT O RNEY PASSED the day of 1975. APPROVED the _� day oft 1975. PUBLISHED the day of*�;—' 1975. I hereby certify that this is a true copy of Ordinance No. �n 3 , 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) MARIE JENFW, CI CLERK -3- RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, regarding the vacation of a portion of the west 576.71 feet of Temperance Street as dedicated within the plat of Ramsey' Addition in Volume 16 of plats, Page 89 recorded in King County, Washington except the west 12.88 feet thereof; and setting a public hearing on the proposed street vacation for September 17, 2002. WHEREAS, the City of Kent seeks to vacate a portion of Temperance Street, legally described in Exhibit"A"; and WHEREAS, pursuant to Ordinance No. 1934, the Kent City Council may initiate by resolution the vacation procedure, subject to notification to abutting property owners and a public hearing;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council seeks to vacate a portion of Temperance Street, legally described in Exhibit "A", and the City Clerk shall give proper notice, as required per section 2 of the resolution. SECTION 2. A public hearing on the street vacation petition requesting the vacation of a portion of Temperance Street, legally described on the attached Exhibit"A" above, shall be held at a regular meeting of the Kent City Council 1 Street Vacation—Temperance Street at 7:00 p.m., Tuesday, September 17, 2002, in the Council Chambers of City Hall located at 220 4 h Avenue South, Kent,Washington, 98032. SECTION 3. The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by state law, Ch. 35.79 RCW. SECTION 4. The Planning Manager shall obtain any other necessary information from appropriate departments and shall transmit the information to the Council so that the Council may consider the matter at its regularly scheduled meeting on September 17, 2002. SECTION 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION S. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6. Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent,Washington, this day of 92002. CONCURRED in by the Mayor of the City of Kent this day of , 2002. JIM WHITE,MAYOR 2 Street Vacation—Temperance Street ATTEST: BRENDA JACOBER,CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER,CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the_day of ,2002. BRENDA JACOBER, CITY CLERK P\CrviNtesoluuon\STVAC-Tetryeranee doe 3 Street Vacation—Temperance Street LEGAL DESCRIPTION FOR TEMPERANCE STREET VACATION THE WEST 576.71 FEET OF TEMPERANCE STREET AS DEDICATED WITHIN THE PLAT OF RAMSAYS ADDITION IN VOLUME 16 OF PLATS, PAGE 89 RECORDED IN KING COUNTY, WASHINGTON EXCEPT THE WEST 12.88 FEET THEREOF. EXHIBIT "A" Page 1 of 2 0 ^ a o .Of 1.9 _• ^ a4 s i V h 1F I I Il g� IMS3 N3M3S 'NYS .Ot— I I pr In I a n I - 10d► � _ AS � I I I n i A01N ► 3LLi,LLrY! - �►\ SS'VS 3.lK.rGrrS `� I I — 1N3/13SY3 AL9Gi �►• • � HlYM306 I I z a �,Or o r ?j• ;x d nl .+ � ►rt.�� � t Qs N ` 06'9LL ++ M,OC,iLiGN P�261M o47, u r_ O n n _,e _ _rrs11 _ _ __ _ ,rr lLr Y — ——- — -- —•_ 3.bt.fLtivS ��SIX.3.n MAl,fftirN _ ti Ar1Li - Sr'tir40 -- —� �bt W o vg I (RA I I Ln � N _ pr't•R � tr .rc o o I I � .1r'fY2 MyUt,ftrrN , � ►•��� U ^ � I �j O I I IGi d; ILI r I s 2 I �a I~ O N nl m^ EXHIBIT "A,� I Page 2 of Lee I P .-- = ^/Y LsvG _ __—.----------- --- AtYf n —' ---•� M✓MiSD(3 ._ --- ___—_J "I.K.YYN 'IS HIMS Kent City Council Meeting Date August 6, 2002 Category Consent Calendar 1. SUBJECT: LANDMARK DEVELOPMENT BILL OF SALE—ACCEPT 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Bill of Sale for Landmark Development submitted by Bill Goodwin for continuous operation and maintenance of 754 feet of sanitary sewers, 663 feet of street improvements and 1045 feet of storm sewers. Bonds are to be released after the maintenance period. This project is located at 25861 124th Avenue Southeast. 3. EXHIBITS: Map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D 77,77-111v11 SE ;240TH ,STj % SE 240TH-ST _14 ul KENT !CITY LIMITS SE 244TH ST >I SE 248TH ST LLJ V) Lu Z 04 V) Lu -SE 256TFf Sj,' -4! PROJECT _§E�2�6TH ST LOCATION . L ui; uji TH ST FT 041 --- — UJ 1 Uj U) ui W F- co coI~I 7 1 SIR 6516 -SE 274TH]-----' J- a- c') U') C) CV CD 0 04 KENT CITY LIMITS m E '16 c m LANDMARK - - Kent City Council Meeting Date August 6, 2002 Category Consent Calendar 1. SUBJECT: HOME DEPOT BILL OF SALE—ACCEPT 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Bill of Sale for Home Depot submitted by Home Depot—Kent Plaza for continuous operation and maintenance of 40 feet of watermain, 968 feet of street improvements and 80 feet of storm sewers. Bonds are to be released after the maintenance period. This project is located at 26120 104th Avenue Southeast. 3. EXHIBITS: Map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E �pc 28 n 7107 co ao i i L i rSsT SE 40 FST 77,777777777777777 cn w KENT CITY LIMITS a N SE 44 ST CLARK 2 > rn = ca ao U) SE 48TH ST a S 2N ST 0 WAL T S SE 256 N 2 9TH ST SE 60TH ST <E' N R SE 264TH ST LO N a / / v w / w oC. > N J i O 00 o R iZ a w � Y � / X, 0 277 ST a� N 0 HOME DEPOT 0 Kent City Council Meeting Date August 6, 2002 Category Consent Calendar 1. SUBJECT: LINDENTAL PUMP STATION—ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, accept the Lindental Pump project as complete and release the retainage to Pivetta Brothers Construction Company upon standard releases from the state and release of any liens. The original contract amount was $1,451,601.90. The final contract amount was $1,513,253.23. Adequate funds exist within the project budget to cover this overage. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F co Kent City Council Meeting Date August 6, 2002 Category Consent Calendar 1. SUBJECT: AGRICULTURAL LANDS AMENDMENT ORDINANCES — ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance Nos. 6!! and 3&/a-- implementing comprehensive plan and zoning designations for property designated Agricultural (A-1), Agricultural General (AG),-and Medium Density Multifamily Family Residential (MR-M) on the City's valley floor; amending the following text portions of the Kent City Code regarding agricultural lands: Section 15.02.487, relating to single family zoning districts; Section 15.03.010,relating to the establishment and designation of zoning map districts; Chapter 15.04, relating to district regulations; Section 15.06.050, relating to sign regulations; Chapter 15.07, relating to landscaping regulations; Chapter 15.08, relating to general and supplementary zoning regulations; and amending the City of Kent Comprehensive Plan's definitions of Agricultural and adding an Agricultural Support designation. Exc.6PT rbkT CCXm.W mMOM 04.fV%w*en tiq!, & rwU ag FcLtCws 3. EXHIBITS: Ordinances (2) and exhibits 4. RECOMMENDED BY: Council (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G I, ORDINANCE NO. AN ORDINAN of the City Council f the City of Kent, Washington, relatin implementing comprehensive plan z ning designations for the property designat gricultural (A-1), Agricultural General (AG), and Medium Density Multifamily F ily Residential (MR-M) on the City's valley floor. WHEREAS, the ashington State Growth Ma ment Act requires internal consistency among compre sive plan and zo in elements; and WHEREAS, on No ember 6 0, and December , 20 0, t e City f Council Planning Committee discu d e existing po ' s r ted t agric tural lands and on December 11, 2000, moved to direct staf to alyze the s policies on property designated Agricultural (A-1) and A tural General (AG) on the City's valley floor(hereafter referred to as a "s y area"); and WHEREAS, on Ma 1, 2 01, the City Council passed Resolution No. 1587 providing that revisions of policies related to agricultural lands as part of the I City of Kent Comprehensive Plan constitute an issue of community-wide significance that promotes the public health, safety, and general welfare in accordance with the definition of an emergency set forth in Chapter 12.02 of the Kent City Code; and 1 Agricultural Lands Comprehensive Plan and Zoning Amendments WHEREAS, by letter dated September 18, 2001, the Washington State Department of Community, Trade and Economic Development was notified of the City's declared emergency to pursue amendments to the Kent Comprehensive Plan and Zoning Text and Maps regarding agricultural lands; and WHEREAS, City staff divided the study area into three (3) components: the southern area as depicted in Exhibit A attached, the central area as depicted in Exhibit B attached, and the northern area as depicted in Exhibit C attached; and WHEREAS, on March 28, 2001, City staff invited all property owners in the study area to an open house and sought their comments on existing and future land use policies for the study area; and WHEREAS, the Land Use and Planning Board held workshops on the following dates in order to analyze the issues related to the study area: March 12, 2001; April 23, 2001; May 14, 2001; June 11, 2001; July 9, 2001; August 13, 2001; October 22, 2001; January 15, 2002; January 28, 2002; and February 25, 2002; and WHEREAS, the Land Use and Planning Board held public hearings on the following dates in order to hear public testimony on the issues relating to the study area: September 24, 2001; October 8, 2001; February 11, 2002; and March 25, 2002; and WHEREAS, on March 25, 2002, the Land Use and Planning Board made a recommendation to the City Council regarding the comprehensive plan and zoning code map, text, and use amendments related to the study area; and 2 Agricultural Lands Comprehensive Plan and Zoning Amendments WHEREAS, on January, 15, 2002, and April 2, 2002, the City Council held workshops on the issues related to the study area, and on April 16, 2002, the City Council referred the issue to the Planning Committee; and WHEREAS, the Planning Committee discussed the Land Use and Planning Board's recommendation and other related study area issues at meetings on May 7, 2002, and May 21, 2002, referring the matter to the Planning Services Office for further consideration of issues related to the study area; and WHEREAS, the Planning Committee further discussed the Land Use and Planning Board's recommendation and other related study area issues at a meeting on June 4, 2002; and WHEREAS, on June 18, 2002, the City Council held a workshop on the issues related to the study area and referred the issues to the Planning Committee; and WHEREAS, on July 9, 2002, the Planning Committee recommended to the City Council that the Land Use and Planning Board's recommendation be accepted in part and modified in part; and WHEREAS, during the July 16, 2002, meeting, the City Council adopted the changes to the comprehensive plan and zoning code designations for the southern study area as depicted in Exhibit A, which is attached and incorporated by this reference,based on the following findings: 1. The changes to the comprehensive plan designations in Exhibit A are consistent with the standards of review for comprehensive plan amendments outlined in Section 12.02.050 of the Kent City Code; 3 Agricultural Lands Comprehensive Plan and Zoning Amendments 2. The changes to the zoning code designations in Exhibit A are consistent with the standards of review for zoning amendments in Section 15.09.050(C); 3. The southern study area is located within the urban growth area of the City of Kent; ' 4. The majority of the real property currently zoned Agricultural, one (1) unit per acre (A-1) with King County tax parcel number 3522049001 has been used for a dairy processing plant causing the property to not be compatible with an agricultural resource land designation and an agricultural zoning designation; 5. The real property currently zoned Agricultural, one (1) unit per acre (A- 1) with King County tax parcel number 2422049089 has had its development rights purchased by King County as part of the King County Farmland Preservation Program and will have consistent land use designations by amending the comprehensive plan designation to Agricultural Resource Land and the zoning designation from Agricultural, one (1) unit per acre (A-1) to Agricultural, one (1) unit per ten (10) acres (A-10); and WHEREAS, during the July 16, 2002, meeting the City Council adopted changes to the comprehensive plan and zoning code designations for the central study area from Agricultural (A-1) to Single Family one (1) unit per acre (SR-1) as depicted in Exhibit B, which is attached and incorporated by this reference, based on the following findings: 1. The changes to the comprehensive plan designations in Exhibit B are consistent with the standards of review for comprehensive plan amendments outlined in Section 12.02.050 of the Kent City Code; 2. The changes to the zoning code designations in Exhibit B are consistent with the standards of review for zoning amendments in Section 15.09.050(C); 3. The central study area is located within the urban growth area of the City of Kent; 4 Agricultural Lands Comprehensive Plan and Zoning Amendments 4. Testimony has shown that the markets relied on by the farmers and necessary to support long-term commercially significant agricultural production will no longer be available for the products produced due to a consolidation of the wholesale purchasers outside of Washington State and a change from regional to global purchasing; 5. The central study area is not supported nearby with agricultural support services necessary to sustain long-term commercially significant agricultural production; 6. The system of roadways currently existing in the central study area make difficult the movement of farm equipment necessary for long-term commercially significant agricultural production; 7. The use of King County tax parcel numbers 2322049010 and 2322049009 as a golf course is incompatible with agricultural resource lands; 8. The use of King County tax parcel numbers 2222049006, 0002000021, 2322049064, and 2322049072 as parks is incompatible with agricultural resource lands; 9. The use of King County tax parcel numbers 0002000010, 0002000001, 0002000023, and 0002000003 as the City of Seattle's Public Utility/Solid Waste Division water quality detention pond is incompatible with agricultural resource lands; 10. The central study area is isolated from other agricultural resource lands in the Lower Green River Agricultural Production District; 11. The small size of the following King County tax parcels in the central study area is incompatible with agricultural resource lands: 2222049037, ` 2222049052, 2222049056, 2222049048, 2222049174, and 2222049051; 12. The proximity of residential development to the northeast is incompatible with agricultural resource lands; I 5 Agricultural Lands Comprehensive Plan and Zoning Amendments 13. The following King County tax parcel numbers can no longer sustain long-term commercially significant agricultural production because they contain wetlands that have remained fallow for a significant number of years so that draining the wetlands and plowing the fallow fields cannot be done without the lengthy process of obtaining a DA Army Corps of Engineers permit at significant expense: 0002000010, 0002000001, 0002000023, 0002000003, 0002000021, 2222049029, 2222049057, 2222049060, 2222049051, 2222049048, 2222049056, 2222049052, 2222049037, 2222049174, and 2222049030; 14. The value of the property in the central study area will be higher with designations of Single Family one (1) unit per acre/SR-1; 15. The low density designation of Single Family one (1) unit per acre/SR- 1 is appropriate due to Frager Road's designation as a scenic and recreational road; 16. The low density designation of Single Family one (1) unit per acre/SR- 1 is appropriate due to the wetlands located on the following King County tax parcels: 0002000010, 0002000001, 0002000023, 0002000003, 0002000021, 2222049029, 2222049057, 2222049060, 2222049051, 2222049032, 2222049048, 2222049056, 2222049052, 2222049030, 2222049037, 2222049174, 2322049010, 2322049064, and 2322049072; 17. The low density designation of Single Family one (1) unit per acre/SR- 1 is appropriate due to the Federal Emergency Management Agency's Flood Insurance Rate Map Zone AE floodway designation on the following King County tax parcels: 0002000010, 0002000001, 0002000023, 0002000003, 2222049006, 0002000021, 2322049010, 2222049029, 2222049060, 2222049057, 2222049032, 2222049051, 2222049176, 1522049137, 2322049006, 2322049081, 2222049048, 2222049056, 2222049052, 2222049037, 22220491741 2322049064, 2322049072, 2322049036, 2322049076, and 2222049030; 18. The low density designation of Single Family one (1) unit per acre/SR- 1 is appropriate due to the lack of sewer and water services; 6 Agricultural Lands Comprehensive Plan and Zoning Amendments 19. The low density designation of Single Family one (1) unit per acre (SR- 1) is appropriate due to the Green River having been designated a river of statewide significance; and WHEREAS, during the July 16, 2002, meeting, the City Council adopted changes to the comprehensive plan and zoning code designations for the northern study area from Agricultural (A-1) to Agricultural Resource Land (A-10), Single Family one (1) unit per acre (SR-1), and Single Family three (3) units per acre (SR-3) as depicted in Exhibit C, which is attached and incorporated by this reference, based on the following findings: 1. The changes to the comprehensive plan designations in Exhibit C are consistent with the standards of review for comprehensive plan amendments outlined in Section 12.02.050 of the Kent City Code; 2. The changes to the zoning code designations in Exhibit C are consistent with the standards of review for zoning amendments in Section 15.09.050(C); 3. The real property currently zoned Agricultural, one (1) unit per acre (A-1) with King County tax parcel numbers 0222049017, 0222049022, 1022049139, and 1022049004 have had the development rights purchased by King County as part of the King County Farmland Preservation Program and will have consistent land use designations by amending the comprehensive plan designation to Agricultural Resource Land and the zoning designation from Agricultural, one (1) unit per acre (A-1) to Agricultural, one (1) unit per ten (10) acres (A-10); 4. The northern study area is located within the urban growth area of the City of Kent; 5. Testimony has shown that the markets relied on by the farmers and necessary to support long-term commercially significant agricultural production will no longer be available for the products produced due to a consolidation of the 7 Agricultural Lands Comprehensive Plan and Zoning Amendments wholesale purchasers outside of Washington State and a change from regional to global purchasing; 6. The system of roadways currently existing in the northern study area and the principal arterials South 212`h Street, Interstate 5, and State Route 181 make difficult the movement of farm equipment necessary for long-term commercially significant agricultural production; 7. The northern study area is isolated from other agricultural resource lands in the Lower Green River Agricultural Production District; 8. The following King County tax parcels are used as single family residences, which are incompatible with agricultural resource lands: 0222049045, 0222049030, 2632000005, 2632000010, 2632000015, 2632000020, 2632000025, 2632000075, 2632000080, 2632000085, 2632000090, 2632000095, 2632000100, 2632000105, 2632000110, 2632000115, 2632000121, 2632000200, 2632000195, 1022049015, 1022049199, 1022049198, 7533000010, 7533000020, 7533010010, and 7533010020; 9. The proximity of high density residential development adjacent to and southwest of the northern study area is incompatible with agricultural resource lands; 10. The proximity of high density residential development adjacent to and west of the northern study area is incompatible with agricultural resource land; 11. The proximity of high density residential development adjacent to and south of the northern study area is incompatible with agricultural resource land; 12. The following King County tax parcel numbers can no longer sustain long-term commercially significant agricultural production because they contain wetlands that have remained fallow for a significant number of years so that draining the wetlands and plowing the fallow fields cannot be done without the lengthy process of obtaining a DA Army Corps of Engineers permit at significant expense: 0222049045, 0222049026, 0222049018, 1122049007, 1122049070, 8 Agricultural Lands Comprehensive Plan and Zoning Amendments 1122049008, 2632000030, 1522049001, 1522049016, 0002000004, 1022049001, 0322049024, 0322049023, 0322049102, 1022049003, 1022049175, 1022049184, 1022049185, 1022049186, 1022049078, 1022049006, 1022049189, 1022049113, 1022049200, and 2632000205; 13. The small size of the following King County tax parcels are incompatible with an agricultural resource lands designation: 1022049184, 1022049185, 1022049186, and 1022049070; 14. The use of King County tax parcel numbers 1022049045 and 1022049033 by Drainage District No. 1 is incompatible with agricultural resource lands; 15. The use of King County tax parcel number 1022049070 as a construction business's staging area has changed the character of the soil so that it no longer has the soil classification needed for agricultural resource lands; 16. King County tax parcel numbers 2632000205 and 2632000295 have urban soils rather than the soil classification needed for agricultural resource lands; 17. The existing commercial, wholesale, green house operation on King County tax parcel number 1122049010 has changed the character of the soil so that it no longer has the soil classification needed for agricultural resource lands; 18. The use of former King County tax parcel numbers 1022049078, 1522049001, 1522049016, and 0002000004 as a clean water detention facility is incompatible with agricultural resource lands; 19. The value of the property in the northern study are will be higher with designations of Single Family one (1) unit per acre (SR-1) and Single Family three (3) units per acre (SR-3); 20. The low density designation of Single Family one (1) unit per acre (SR-1) is appropriate for the following King County tax parcels due to Frager Road's designation as a scenic and recreational road: (former)1022049078, 9 Agricultural Lands Comprehensive Plan and Zoning Amendments (former) 1522049001, (former) 1522049016, (former) 0002000004, 0222049045, 0222049026, 0222049030, 0222049018, and 1122049007; 21. The density designation of Single Family three (3) units per acre (SR- 3) is appropriate for the following parcels due to Frager Road's designation as a scenic and recreational road: 1022049062, 1022049100, 1022049030, 1022049031, and 1022049152; 22. The low density designation of Single Family one (1) unit per acre (SR-1) is appropriate due to the wetlands located on the following King County tax parcels: 0222049045, 0222049026, 0222049030, 0222049018, 1122049007, 1122049070, 1122049008, 2632000030, 2632000025, 1522049001, 1522049016, 0002000004, 1022049001, 0322049024, 0322049023, 0322049102, 1022049003, 1022049175, 1022049184, 1022049185, 1022049186, 1022049078, 1022049006, 1022049189, 1022049113, and 1022049200; 23. The low density designation of Single Family one (1) unit per acre (SR-1) is appropriate due to the lack of sewer and water services; 24. The low density designation of Single Family one (1) unit per acre (SR-1) is appropriate on the following King County tax parcels due to the Green River having been designated a river of statewide significance: (former) 1022049078, (former) 1522049001, (former) 1522049016, (former) 0002000004, 0222049045, 0222049026, 0222049030,, 0222049018, 1122049007, 1122049008, 1122049070, 0322049023, 0322049024, 1022049001, 2632000030, 1022049003, 0322049102, 1022049175, 1022049184, 1022049185, and 1022049186; 25. The density designation of Single Family three (3) units per acre (SR-3) is appropriate on the following King County tax parcels due to the Green River having been designated a river of statewide significance: 2632000070, 2632000075, 1122049010, 1122049011, 1022049011, 1022049015, 7533000010, 7533000020, 1022049062, 1022049100, 1022049030, 1022049031, 1022049152, and 1022049063; 10 Agricultural Lands Comprehensive Plan and Zoning Amendments WHEREAS, because the only Agricultural Resource Lands in the City of Kent have had their development rights purchased by King County, there will not be a transfer of development rights or a purchase of development rights program created; and WHEREAS, the Washington State Environmental Policy Act (SEPA) requires that comprehensive plans be reviewed as to their potential environmental impact, and on March 5, 2002, a Determination of Nonsignificance was issued analyzing the comprehensive plan and zoning amendments inclusive of those adopted by the City Council on July 16, 2002; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Pursuant to Chapter 12.02 of the Kent City Code and RCW 36.70A.130, the comprehensive plan designations of Agricultural Resource Lands and Agricultural Support for the area known as the southern portion of the agricultural study area shall be established as outlined in Exhibit A attached and incorporated by reference. SECTION 2. Pursuant to Kent City Code Section 15.09.050 and the laws of the State of Washington, the zoning designations of Agricultural General (AG) and Agricultural, one (1) unit per ten (10) acres (A-10) for the area known as the southern portion of the agricultural study area shall be established as outlined in Exhibit A attached and incorporated by this reference. 11 Agricultural Lands Comprehensive Plan and Zoning Amendments SECTION 3. Pursuant to Chapter 12.02 of the Kent City Code and RCW 36.70A.130, the comprehensive plan designation of Single Family one (1) unit per acre for the area known as the central portion of the agricultural study area shall be established as outlined in Exhibit B attached and incorporated by reference. SECTION 4. Pursuant to Kent City Code Section 15.09.050 and the laws of the State of Washington, the zoning designation of Single Family Residential one (1) unit per acre (SR-1) for the area known as the central portion of the agricultural study area shall be established as outlined in Exhibit B attached and incorporated by this reference. SECTION S. Pursuant to Chapter 12.02 of the Kent City Code and RCW 36.70A.130, the comprehensive plan designations of Agricultural Resource Lands, Single Family one (1) unit per acre, and Single Family three (3) units per acre for the area known as the northern portion of the agricultural study area shall be established as outlined in Exhibit C attached and incorporated by reference. SECTION 6. Pursuant to Kent City Code Section 15.09.050 and the laws of the State of Washington, the zoning designations of Agricultural one (1) unit per ten (10) acres (A-10), Single Family Residential one (1) unit per acre (SR- 1), and Single Family Residential three (3) units per acre (SR-3) for the area known as the northern portion of the agricultural study area shall be established as outlined in Exhibit C attached and incorporated by this reference. SECTION 7. 1f any one (1) 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. 12 Agricultural Lands Comprehensive Plan and Zoning Amendments SECTION 8. This Ordinance shall take effect and be in force thirty (30) days from and after the date of passage and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2002. APPROVED: day of , 2002. PUBLISHED: day of , 2002. 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\Cml\Ordinance\AgL-ndsCompPlanZomngAm nd doc 13 Agricultural Lands Comprehensive Plan and Zoning Amendments Vp^ MM .r ,�,.�.-�` mil'. - `i �i JIB �= i�� r �s Southern Study Area Comprehensive Plan, CPA-2000-3 Legend ft*Am Tax Parcels Grow River RoW Centerline Use M ftdcukund Resource Land M ftdcukurM Support Single*amily I unit/acre Single-Farnily 3 unitsfacre 7 .......... Scale w Planning Sovices I:In37 August 6,2112 ISO mom =Sir, NINE= 40 off W m - T �b 1 8 s, Central � s Study Area Comprehensive Plan CPA-2000-3 end study area 0 Tax Parcels Green River F Road Centerline 5 0 Land Use Agricultural Resource Land Agricultural Support Single-Family 1 unWacre Single-Family 3 unitslacre Jam-' �lQ KENT Planning Services .Sewi.a. Scale 1:119382 August 6,2002 EXHIBIT "B" Page 1 of 2 • i w > In �b 9 S� m r.- N Z A O Central Study Area s Zoning Zo g i CPA-2000-3 �N L end �Study Am Tax Pwcels Ckeen R1w Road Centerline Zoning Agricultural-A-10 Agricultural General-AG Single-Family Residential-SR-1 Q Single-Family Residential-SR-3 N Q� KENT w.'-.-"o- Scale Planning Services � August 6,2002 1:10505 EXHIBIT "B" Page 2 of 2 e s 204 sr 8A o 5 e �aG 3 �aa�e Northern T Study Area Comprehensive Plan CPA 2000-3 end StUCly Am Tax Parceft Green River / V Road Centerline Land Use Agricultural Resource Land Agricultural Support Single-Family 1 unit/acre Single-Family 3 unitsiacre KEN.. Scale Planning Services 1:12419 August 6,2002 EXHIBIT "C" Page 1 of 2 a�- q _ s soa sr � 4 J �T Northern Study Area Zoning CPA-2000-3 L end Study Area \ Tax Parcels �iGreen River V/ Road Centerline Zoning Agricultural-A-10 Agricultural General-AG Single-Family Residential-SR-1 Single-Family Residential-SR-3 N KE — Scale rft Services 1:12419 August 6,2002 EXHIBIT "C" Page 2 of 2 S ORDINANCE NO. I AN ORDINANCE of the City Council of the City of Kent, Washington, amending the following text portions of the Kent City Code regarding agricultural lands: Section 15.02.487, relating to single-family zoning districts; Section 15.03.010, relating to the establishment and designation of zoning map districts; Chapter 15.04, relating to district regulations; Section 15.06.050, relating to sign regulations; Chapter 15.07, relating to landscaping regulations; Chapter 15.08, relating to general and j supplementary zoning regulations; and amending the City of Kent Comprehensive Plan's definitions of Agricultural and adding an Agricultural Support designation. WHEREAS, the Washington State Growth Management Act requires jinternal consistency among comprehensive plan and zoning elements; and WHEREAS, on November 6, 2000, and December 11, 2000, the City i Council Planning Committee discussed the existing policies related to agricultural lands and on December 11, 2000, moved to direct staff to analyze the City's policies Ion property designated Agricultural (A-1) and Agricultural General (AG) on the City's valley floor(hereafter referred to as the "study area"); and WHEREAS, on May 1, 2001, the City Council passed Resolution No. �1587 providing that revisions of policies related to agricultural lands as part of the City of Kent Comprehensive Plan constitute an issue of community-wide significance that I 1 Agricultural Lands promotes the public health, safety, and general welfare in accordance with the definition of an emergency set forth in Chapter 12.02 of the Kent City Code; and WHEREAS, by letter dated September 18, 2001, the Washington State Department of Community, Trade and Economic Development was notified of the City's declared emergency to pursue amendments to the Kent Comprehensive Plan and Zoning Text and Maps regarding agricultural lands; and WHEREAS, City staff divided the study area into three (3) components: the southern area, the central area, and the northern area; and WHEREAS, on March 28, 2001, City staff invited all property owners in the study area to an open house and sought their comments on existing and future land use policies for the study area; and WHEREAS, the Land Use and Planning Board held workshops on the following dates in order to analyze the issues related to the study area: March 12, 2001; April 23, 2001; May 14, 2001; June 11, 2001; July 9, 2001; October 22, 2001; January 15, 2002; January 28, 2002; and February 25, 2002; and WHEREAS, the Land Use and Planning Board held public hearings on the following dates in order to hear public testimony on the issues relating to the study area: September 24, 2001; October 8, 2001; February 11, 2002; and March 25, 2002; and WHEREAS, on March 25, 2002, the Land Use and Planning Board made a recommendation to the City Council regarding the comprehensive plan and zoning code map, text, and use amendments related to the study area; and 2 Agricultural Lands WHEREAS, on January 15, 2002 and April 2, 2002, the City Council held workshops on the issues related to the study area, and on April 16, 2002, the City Council referred the issue to the Planning Committee; and WHEREAS, the Planning Committee discussed the Land Use and Planning Board's recommendation and other related study area issues at meetings on May 7, 2002, and May 21, 2002, referring the matter to the Planning Services Office for further consideration of issues related to the study area; and WHEREAS, the Planning Committee further discussed the Land Use and Planning Board's recommendation and other related study area issues at a meeting on June 4, 2002; and WHEREAS, on June 18, 2002, the City Council held a workshop on the issues related to the study area and referred the issues to the Planning Committee; and WHEREAS, on July 9, 2002, the Planning Committee recommended to the City Council that the Land Use and Planning Board's recommendation be accepted in part and modified in part; and WHEREAS, during the July 16, 2002, meeting, the City Council adopted amendments to the text of the comprehensive plan to amend the Agricultural designation and to add the Agricultural Support designation; and WHEREAS, also during the July 16, 2002, meeting, the City Council adopted amendments to the text of the zoning code to provide for a designation of Agricultural, one (1) unit per ten (10) acres (A-10) to replace the Agricultural, one (1) unit per acre (A-1) designation in order to preserve agricultural resource lands; to 3 Agricultural Lands remove uses incompatible with agricultural resource uses; and to further define the Agricultural General District; and WHEREAS, the Washington State Environmental Policy Act (SEPA) requires that comprehensive plans be reviewed as to their potdntial environmental impact, and on March 5, 2002, a Determination of Nonsignificance was issued analyzing the comprehensive plan and zoning amendments inclusive of those adopted by the City Council on July 16, 2002; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 15.02.487 of the Kent City Code, entitled "Single-family zoning district," is hereby amended as follows: Sec. 15.02.487. Single-family zoning district. A single-family zoning district is a zoning district with any of the following designations: SR-2, SR-3, SR-4.5, SR-6, SR-8, single-family residential, and SR-1, residential agricultural and A-10, agricultural district. SECTION 2. Section 15.03.010 of the Kent City Code, entitled "Establishment and designation of districts," is hereby 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-10 Agricultural District The stated goal of the city is to preserve prime agricultural land in the Green River Valley as a nonrenewable resource. The agriculture zone shall actively encourage the concentration of agricultural uses in areas where incompatibility with urban uses will be minimal to aid in the implementation of those goals. Further, such 4 Agricultural Lands classification of prime agricultural land thus recognizes and encourages farming activity as a viable sector of the local economy. SR-1 Residential Agricultural District The purpose of the SR-1 zone is to provide for areas allowing low density single-family residential development. SR-1 zoning shall be applied to those areas identified in the comprehensive plan for low density development, because of environmental constraints or the lack of urban services. AG Agricultural General District The purpose of the AG zone is to provide appropriate locations for agriculturally related industrial and retail 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. SECTION 3. Chapter 15.04 of the Kent City Code, entitled, "District Regulations" is hereby amended as follows: CHAPTER 15.04. DISTRICT REGULATIONS Sec. 15.04.010. Interpretation of Land Use Tables. A. Land use tables. The land use tables in KCC 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 Ch. 15.03 KCC. B. Principally permitted uses. If the letter "P" appears in the box at the 11intersection of the column and the row, the use is permitted in that zoning district subject to the review procedures specified in Ch. 15.09 KCC, the development i conditions following the land use table, and any requirements of an overlay zone and the general requirements of the code. 5 Agricultural Lands 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 Ch. 15.09 KCC, the development conditions following the land use table, the development standards stated in KCC 15.08.020, any requirements of an overlay zone and the general requirements of the code. 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 Ch. 15.09 KCC, the development conditions following the land use table, the review criteria stated in KCC 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 Ch. 15.09 KCC, 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 (1) 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. 6 Agricultural Lands 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 unnamed use shall be permitted if it is determined by the planning manager to be of the same general character as the principally permitted uses and in accordance with the stated purpose of the district, per KCC 15.09.065. 7 Agricultural Lands Sec. 15.04.020. Residential Land Uses. Zoning Districts Key P=Principally Permitted Uses S=Special Uses _N C=Conditional Uses E A=Accessory Uses E r o F A E U Q C U U N U U ,2 ,� d (,� '9 N E � TN Cl E E Q E .E h0 <J U V N % V 'v w cc E > E °� E E c 00 c toE E E A A A m ,A pG aci yid_' E E A A " E u A y y E yA _� U > H Ci o y a y tY a o 5 ' E A ¢ a a a rX w >_ > h a U E a a, a E a, a E E c c °' ° o j A a E E o A �' c c L U U a �o M v' .o' U E x 2 FF ° Q a ? A v C 3 0 ' U F m id E p E E .n ;? U H C C Q N �0 40' in y �' cin cn A C7 x Z o o Ca U U ci v o C7 of Q -- N r7 q o 0o O F- F C7 x a U U A N C7 = =1 C7 U -2 2 z U D U C C� oO a� I � � R� N �, 3C7 Q Q cn .n ti cn rn O One single-family dwelling per lot P P P P P P P P P P P P P P P (1 (1) (1 (1) One duplex per lot P One modular home per lot P P P P P P P P P P P P P Duplexes P P P P P P (22) Multifamily townhouse units P P P P P P P P P P C (19)(19) (2) (4) (2) (2) (15) (20)(20) C (5) Multifamily dwellings P P P P P P P P C (2) (5) (2) 2) (15) Multifamily dwellings for senior P (P) P P P C citizens (2) (2) (2) (15) Mobile homes and manufactured P homes Mobile home parks P P P P P P P (13)(13)(13)(13)(13)103)1 Group homes class 1-A P P P P P P P P P P P P I P P P P P P C C C P Group homes class 1-B P P P P P P P P P P C C C P Group homes class I-C C C C C P P P P P P C C C P Group homes class 11-A C C C C C C C C C C C C C C Group homes class 11-B C C C C C C C C C C C C C C Group homes class 11-C 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 Rebuild/accessory uses for existing P(6) P P P P P P P P P P P P P P dwellings (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6)1(6) (6) (6) Transitional housing P P (7) (7) Guest cottages and houses A A A A A A A A A (8) (8) (8) (8) (8) (a) (a) (8) (8) (21)(21)(21)(21)(21)(21)(21)(21) (21) Rooming and boarding of not A A A A A A A A A A A more than three persons Farm worker accommodations A A A A (17) (9) (17) (9) Accessory uses and buildings A A A A A A A A A A A A A A A A A A A A A A A A A A A customarily appurtenant to a (19)(18)(18)(13)(18)(18)(18)(13)(18)(18)(18)(18) permitted use Accessory dwelling units A A A A A A A A A A A A A AI(A 10) (10)(10)(10)(10)(10)(10)(10)(10)(10)(10) (10) (10) (10)(10) 8 Zoninp Districts Key Ke 4, P=Principally Permitted Uses S=Special Uses _N C=Conditional Uses u d M A—Accessory Uses _ c c _ E _ _ ❑ t t U d d E N E U U N U U I � 'O N E ❑ � U N N A A L ❑ ❑ o a E N U ° N E E o ❑ ❑ A y N E u �^ La E d N u U ° io n A ❑ E CC. E A E c�i .dJ emu/ �a/i Bali E a 7 Y N Q) YL T N N G U E E M a7 N V x E C i Qo y >, ^ : .E .E r E B c E Eo � c°i ❑ A L E A �, o U ° V �_ m _ m b A n `a a E S -E OF E c Q a A c o > C" ° "ono to vO W m ° m a m ° E E Op U N C C h C C O E SF O O 7 N G z 0 0 U U '' c �' E OI V IZ a- U U ❑ C1 Q ... N Accessory living quarters A A A A A A A A A A A A A A (14)(14)(14)(14)(14)(14)(14)(14)(14)(14)(14){14)(14) (14) Home occupations A A A A A A A A A A A A A A A A A A A A A A A A A A A A A (11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)01)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(I1)(11)(11) (t1) Service buildings A Storage buildings and storage of A A A A A A A A A A A A A A recreational vehicles (16) (16)(16)(16)(16)(16)(16)(16)(16)(16)(16)(16)(16) Drive-in churches; welfare 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 facilities (including emergency (12)(12) shelters); Drive-in churches, retirement homes, convalescent homes and other welfare facilities whether privately or publicly operated, facilities for ehabilitation or correction,etc. 9 See. 15.04.030. Residential Land Use Development Conditions. 1. 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. 2. Multifamily residential use shall be permitted only in the mixed-use overlay when included within a mixed use development. 3. [Reserved]. 4. Multifamily residential uses, when established in buildings with commercial or office uses, and not located on the ground floor. 5. Multifamily residential uses, when not combined with commercial or office uses. 6. Existing dwellings may be rebuilt, repaired and otherwise changed for human occupancy. Accessory uses for existing dwellings may be constructed. Such uses are garages, carports, storage sheds and fences. 7. Transitional housing facilities, limited to a maximum of twenty (20) residents at any one (1) time and four(4) resident staff. 8. Guesthouses not rented or otherwise conducted as a business. 9. Farm dwellings appurtenant to a principal agricultural use for the housing of farm owners, operators or employees,but not accommodations for transient labor. 10. Accessory dwelling units shill not be included in calculating the maximum density. Accessory dwelling units are allowed subject to the provisions of Section 15.08.350. 11. Customary incidental home occupations subject to the provisions of section 15.08.040. 12. Except for transitional housing, with a maximum of twenty (20) residents and four(4) staff, which are principally permitted uses. 13. Subject to the combining district requirements of the Mobile Home Park Code, KCC 12.05. 14. Accessory living quarters are allowed per the provisions of Section 15.08.359. 10 Agricultural Lands 15. Multi-family residential use shall be permitted as a conditional use only when included in a mixed use development. 16. Recreational vehicle storage is permitted as an accessory use in accordance with Section 15.08.080. 17. Accommodations for farm operators and employees, but not accommodations for transient labor. 18. 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. 19. The following zoning is required to be in existence on the entire property to be rezoned at the time of application for a rezone to an MR-T zone: SR-8, MR-D, MR-G, MR-M, MR-H, O, O-MU, NCC, CC, GC, DC, or DCE. 20. All multifamily townhouse developments in the MR-T zone shall be condominiums and recorded pursuant to Chapter 64.32 RCW prior to approval of a I certificate of occupancy by the city. 21. Subject to 15.08160(A) and (B) Accessory buildings. 22. One duplex per lot is permitted. j I I 11 Agricultural Lands Sec. 15.04.040 Manufacturing Land Uses. Zoninp Districts Kev P=Principally Permitted Uses S—Special Uses p u C=Conditional Uses A=Accessory Uses F3 V Q F F N O O E 0 Q U F F U F. .: O O H �. d m O ^' E y G y m O E. [. D c U u EL 00 N p E w c E C] Ou 0 � a°i a°i o 72 72 E° ��'•+. ° a°i ° �a ro w m y� � � E E a > ` O b 0 u ce E E° d > > pp vu 5A cC7 U E E Q 0 E UUF E=? ° .2 S U E A a F ' "° �o°n —ono c m m a 3p a�i m in E E A E u UVp F S V] E IE N �D .-1 �+ S ° z E Q 8 U U V_ 'O .Q C OI N M �p oo C7 .4 x 6. (� U (L7J,) (7w� fV :.7 .�.+� PC (� R: LY., LYi LLB t7�. Ri CY. Ri ��+i Gam•+: cx• U U SJ {.-1 U U n . 'G 7. 0 C Q CA CA V] � CA � � G � � G L GZ U Manufacturing, processing, blending P P P P P P P(2) and packaging of food and beverage (27)(27) (27)(27)(27)(17)(27) products 1 (1) Manufacturing, processing, blending P P P P P P P(2) and packaging of drugs, (1 pharmaceuticals, toiletries and cosmetics. Manufacturing, processing, blending P P P P P P P P(2) and packaging of dairy products and (1 byproducts. Industrial Laundry and Dyeing P P P P P P(2) (including linen supply and diaper (33) services) C (34) Printing, publishing and allied I P P P C P I P P P P(2) industries (25) (1) Chemicals and related products mfg. tQ4 (4AC(4) (1) Contractor shops P P C P P (5) (5) (1 (5) (3) (2) Custom arts and crafts products mfg P P P P P(1 (I) Computers, office machines and P(3)P(3) P(2) equipment mfg. ;Manufacturing and assembly of P(3)P(3) P P P P P(2) Electrical equipment.; Appliances, (1) lighting, radio, TV communications, equipment and components Fabricated metal products mfg.; P P P P P P P(2) Custom sheet metal mfg.,containers, (1) hand tools; heating equipment,screw products. extrusion; coating; and plating Manufacturing and assembly of P(3)P(3) P P P P P(1) Electronic and electrical devices; and (29)(29)(29)(29) automotive, aerospace, missile, C airframe and similar products (1) Hazardous substance land uses (7) (7) (9) (9) (9 (9 A A A (9 (7 A A A A (8) (8) (11)(11)(11) (8 (15)(15)(15)(18) C C C C C C C (12)(12)(12) (16)(16)(16)(19) Offices incidental and necessary to A A A A A P P P P P P the conduct of a principally permitted use Warehousing and distribution P P P P P P P facilities (26) (20)(20) (20)(20)(20)(28) 13§1 12 Zoning Districts Key P=Principally Permitted Uses S=Special Uses b "2 C=Conditional Uses A=Accessory Uses b ° 7 7 ttl W U {V., V V N E15 b V {' _ b E = b ° O N pp o G �.+ N N L] N N i^ F- u E U V U 00 N G u E G G C1 A �' u C b ?: c E c oo u `n b E Q � G > E E p o m c N _N C� 0: i d E U w _ b E V c Q w c0 cn ,,,,, _ ; ° m i° E b u v u u ai Y o E E > I Jo , ?_, ~L c Y a. U E E E UUi c'� C3 E c o U U E v q is a a U 3 L`i E Z a x l a f G o d u eo u u 3 s d $ N c E N D 3 a c c co D c E E o o 3 a, oo -o eo E U ° E < �o cG fin fin v tn ry L S Z ° ° g U U cui o E Ci of < — ry m co A F- C��]� N C(Z� C7 oe a a x fin ri cx c r o o U U L1 U U C7 cc) v < < cn En m 7 cn ;E �2 2 1 2 2 z U Rail-Truck Transfer Uses C C C P P (17) (21)(21)(22)(14) (C) (D Outdoor Storage (including truck, P P A A A A C P heavy equipment and contractor A C storage yards as allowed by (1) Development Standards Sections 15,04.190&15.04.210) Miniwarehouses self-storage C P P C P (23) Manufacturing of Soaps, detergents, C P and other basic cleaning and (j cleansing preparations Manufacturing of Plastics and C P synthetic resins (1 anufacturing of Synthetic and C P natural fiber and cloth (1 Manufacturing of Plywood, C P composition wallboard, and similar (1) structural wood products Manufacturing of Nonmetallic C P mineral products such as abrasives, (1 asbestos,chalk,pumice and putty Manufacturing of Heat resisting or C P structural clay products (brick, tilt (1) or pipe)or porcelain products Manufacturing of Machinery and C P heavy machine tool equipment for (1 general industry and mining, agricultural, construction or service industries Manufacturing, processing, P P P P P assembling,and packaging of articles, (32)(32) C (2) products,or merchandise made from (24)(24)(24) (1) previously prepared natural or (30)(30)(30) synthetic materials Manufacturing, processing, treating, P P P P assembling and packaging of articles, (24)(24)(24)(30) products, or merchandise from (30)(30)(30) C previously prepared ferrous, (1) nonferrous or alloyed metals. Complexes which include a P P combination of uses, including a mixture of office, storage, and light manufacturing uses. Accessory uses and buildings A A A I A JA A JA A A A A A A A A A A A A A A A A A A A A A customarily appurtenant to a (31) (10)(10)(13)(13)(10)(10)(10) (6) permitted use pound lob C C (1) 13 Sec. 15.04.050. Manufacturing Land Use Development Conditions. 1. The following uses require a conditional use permit: a. Manufacture of such types of basic materials as follows: (1) Gum and wood chemicals and fertilizers, and basic industrial organic and inorganic chemicals or products such as alkalis and chlorine, industrial and liquid petroleum, gases, cellophane, coal tar products, dyes and dye products, impregnated products, tanning compounds, and glue and gelatin. (2) Hydraulic cement, concrete, gypsum, lime, carbon, carbon black, graphite, coke, glass and similar products. b. Manufacture of products such as the following: (1) Ammunition, explosives, fireworks, matches, photographic film, missile propellants and similar combustibles. (2) Rubber from natural, synthetic or reclaimed materials. (3) Paving and roofing materials or other products from petroleum derivatives. C. Refining of materials such as petroleum and petroleum products, metals and metal ores, sugar, and fats and oils. d. Distilling of materials such as bone, coal, coal tar, coke, wood and other similar distillates. e. 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: •(1) Asphalt batching plants. (2) Concrete mixing and batching plants, including ready-mix concrete facilities. (3) Rock crushing plants and aggregate dryers. (4) Sandblasting plants. f. Animal and food processing, including the following and similar operations: (1) Tanning, dressing and finishing of hides, skins and furs. 14 Agricultural Lands slaughtering. (2) Meat and seafood products, curing, canning, rendering and (3) Nitrating of cotton and other materials. (4) Rendering of animal grease or tallow, fish oil and similar materials. (5) Slaughtering, stockyard, feedlot, dairy and similar operations. (6) Pickling and brine curing processes. (7) Wholesale produce markets. g. Salvage, wrecking and disposal activities, including the following and similar operations: I (1) Automobile and building wrecking and salvage. (2) Salvage of industrial waste materials such as metal, paper, glass, rags and similar materials. (3) Sewage disposal and treatment plants. (4) Dump and sump operations for such uses as rubbish, garbage, trash and other liquid and solid wastes. h. Storage of the following kinds of goods: (1) Bulk storage of oil, gas, petroleum, butane, propane, liquid petroleum gas and similar products, and bulk stations and plants. (2) Used building materials, mover's equipment, relocated buildings, impounded vehicles and similar materials. (3) Explosives or fireworks, except where incidental to a principally permitted use. (4) Fertilizer or manure. 2. 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 one (1) of these uses shall be allowed per lot. 15 Agricultural Lands 3. 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. 4. Conditional use for manufacturing of paint, but manufacturing of paint is permitted outright in the M-3 zone. 5. 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. 6. Accessory uses shall not include vehicular drive-through, drive-in and service bay facilities. 7. 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. 8. 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. Fuel farm facilities are not allowed in the AG or A-10 zones. 9. 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 16 Agricultural Lands (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. 10. Includes incidental storage facilities and loading/unloading areas. 11. 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. 12. 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 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. 13. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. 14. Including transportation and transit terminals with repair and storage facilities, land rail-truck stations, except classification yards in the category of"hump yards". 15. 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. IOffsite hazardous waste treatment or storage facilities are not permitted in this district, except through a special use combining district. 16. For permitted uses, accessory hazardous substance land uses which are not subject to cleanup permit requirements of chapter 11.02 and which accumulate more 17 Agricultural Lands 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. 17. Conditional use permit required for trucking terminals and rail-truck transfer uses. 18. 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 require a conditional use permit in this district. 19. 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 require a conditional use permit in this district. a. Offsite hazardous waste treatment or storage facilities, subject to the provisions of section 15.08.050. b. Any hazardous substance land use that is not an accessory use to a principally permitted use. 20. Warehousing and distribution facilities and the storage of goods or products, except for those goods or products specifically described as permitted to be stored only as conditional uses in the M3 district. 21. Conditional use for car loading and distribution facilities, and rail-truck transfer stations. 22. Warehousing and distribution facilities and the storage of goods or products, including rail-truck transfer facilities. 18 Agricultural Lands 23. Mini-warehouses, provided, that the following development standards shall apply for mini-warehouses, superseding those set out in KCC 15.04.190 and 15.04.200: a. 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. b. Lot size. Minimum lot size is one (1) acre; maximum lot size is four f(4) acres. C. Site coverage. Site coverage shall be in accordance with the underlying zoning district requirements. d. Setbacks. Setbacks shall be as follows: (1) Front yard: Twenty(20) feet. (2) Side yard: Ten (10) feet. (3) Rear yard: Ten (10) feet. e. Height limitation. The height limitation is one (1) story. l f. Outdoor storage. No outdoor storage is permitted. g. Signs. The sign requirements of chapter 15.06 shall apply. h. Off-street parking. (1) The off-street parking requirements of chapter 15.05 shall apply. (2) Off-street parking may be located in required yards, except in ,areas required to be landscaped. i. Development plan review. Development plan approval is required as rovided in section 15.09.010. j. Landscaping. Landscaping requirements are as follows: 19 Agricultural Lands (1) Front yard: Twenty(20) feet, type III (earth berms). (2) Side yard: Ten (10) feet, type II abutting commercial uses or districts; type I abutting residential uses or districts. (3) 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. k. 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. 1. Drive aisles. Drive aisle width and parking requirements are as follows: (1) Fifteen-foot drive aisle and ten-foot parking aisle. (2) Parking for manager's quarters and visitor parking. M. 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. n. 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. o. Prohibited uses. Use is restricted to dead storage only. The following are specifically prohibited: (1) Auctions (other than tenant lien sales), commercial, wholesale r retail sales, or garage sales. (2) The servicing, repair or fabrication of motor vehicles, boats, railers, lawn mowers, appliances or other similar equipment. 20 Agricultural Lands (3) The operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment. equipment,kilns or other similar a ui q P (4) The establishment of a transfer and storage business. (5) Any use that is noxious or offensive because of odor, dust, noise, fumes or vibration. (6) Storage of hazardous or toxic materials and chemicals or explosive substances. p. Fencing. No razor wire is allowed on top of fences. 24. Prohibited are those manufacturing activities having potentially deleterious operational characteristics, such as initial processing of raw materials (forging, smeltering,refining, and forming). 25. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district (as shown in Section 15.04.080) must be retail or pedestrian-oriented. Pedestrian-oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail establishments, including but not limited to, convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops and book shops; b. Personal services, including but not limited to, barber shops, beauty salons and dry cleaning; C. Repair services, including but not limited to, television, radio, computer,jewelry and shoe repair; d. Food-related shops, including but not limited to, restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to, law offices and consulting services; and i 21 Agricultural Lands g. Any other use that is determined by the planning director to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district,pursuant to section 15.09.065, Use Interpretations. 26. Permitted uses are limited to storage, warehousing, processing and conversion of agricultural, dairy, and horticultural products, but not including slaughtering, of meat packing, and fuel farm facilities. 27. Excluding slaughtering, rendering, curing, or canning of meat or seafood products. 28. Except for those goods or products specifically described as permitted to be stored as conditional uses. 29. Excluding explosive fuels and propellants. 30. Excluding predominantly drop forge and drop hammer operations. 31. 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. 32. Excluding paint boiling processes. 33. Limited to twenty-five percent (25%) of gross floor area. Reference 15.04.080(5). 34. Retail or services uses which exceed the 25% 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 on-site or off-site conditions or either an individual or cumulative basis. 35. Reuse or replacement of existing structures for non-agricultural uses is allowed where it is shown that the existing structures are obsolete for agricultural use and will have no viable economic use unless they can be put to non-agricultural use And replacement structures must maintain or enhance the agricultural appearance of the property. Signs shall be limited to not more than one hundred (100) square feet in area per business, and of that amount freestanding signs shall not exceed forty (40) square 22 Agricultural Lands feet in area. No increase in the area of existing impervious surface shall be allowed in connection with a non-agricultural use. I i 23 Agricultural Lands Sec. 15.04.060. Transportation,Public and Utilities Land Uses. Zoning Districts Kev P=Principally Permitted Uses ;, U F3 S=Special Uses E ti H H A U C=Conditional Uses U A=Accessory Uses E 3 ,0 R E F, U r� r 6 r Q �L FFF C .9 vi Q F2 E G y y A F. ; id o a y Qto U U U � oo A Q U Q A Q N A Q 'G N e^ a p F y rr U E 3 V U y E E a A U .2 U U Q V y o U E E A T T a > v 'a ° E ° ° , A E E E C7 a E E E p h E $ U ° U A A x o. y y ° A E E w E E 2 w = yMMX $ ° s y U F E U Q a o o U c d> b a $ o ° a o U E S 5 3 ° .o o ' F°F E L1 E E ° d E e v') S c n N ,o 3 ° E E 3 U U �_ o 5 _E C7 OI Q N M � DO a in P P V X x a z a a a a a z U U U o N 3 a a � rn 7 � VW) 2 2 2 2 2 2 z U o U U o 2 2 0 Commercial parldog lots or structures C C Transportation and transit facilities F 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 C (6) Railway and bus depots,taxi stands C C C C Utility and transportation 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 C Electrical substations,pumping or regulating devices for the transmission of water,gas,steam,petroleum,etc. Public facilities.Firehouses,police C C C C C C C C C C C C C C C C C P C C C C C C C C C C stations,libraries and administrative offices of governmental agencies, primary and secondary schools, vocational schools and colleges. Accessory uses and buildings A A A A A A A A A A A A A A A A A A iA A i A A A A A A A customarily appurtenant to a (7) permitted use Wireless Telecommunication Facility P P P P P P P P P P P P P P P P ("WTF")by Administrative approval (2) (2) (2) (2) (2) (2) (1) (1) (1) (2) (1) (1) (1) (1) (1) (1) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) Wireless Telecommunication Facility 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 ("WTF")by Conditional Use Permit (5) (5) (8) (8) (8) (8) (8) (8) (8) (8) (8) (5) (5) (5) (8) (5) (4) (4) (4) (5) (4) (4) (4) (4) (4) (4) (3) (3) (3) (3) (3) (3) (3)1(3)1(3)1(3)1(3)1(3)1(3)1(3)1(3)1(3) 24 Sec. 15.04.065. Transportation, Public and Utilities Land Use Development Conditions. 1. For WTF towers ninety(90) feet or less for a single user and up to 120 feet for two (2) or more users. 2. For WTF towers that are within the allowable building height for the district in which they are located. 3. All WTFs are subject to applicable portions of KCC 15.08.035. 4. A conditional use permit for a WTF is required if it is greater than ninety (90) feet for a single user or 120 feet for two (2) or more users. 5. A conditional use permit is required if the WTF exceeds the allowable building height of the district. 6. Transportation and transit terminal, including repair and storage facilities and rail-truck stations, except classification yards in the category of"hump yards". 7. Accessory uses shall not include vehicular drive-through, drive-in, or service bay facilities. 8. If on property owned, leased, or otherwise controlled by the city or other government entity subject to KCC 15.08.035(I). I I I 1 25 Agricultural Lands Sec. 15.04.070. Wholesale and Retail Land Uses. Zoning Districts Key P=Principally Permitted Uses u E S—Special Uses C—Conditional Uses i, „ „ p' CO c A E A=Accessory Uses 5 > > A J . 6 F u 0 o z F3 do p y V Q L L , . r 0 E F F v > xv c U Et' y A A O C v c d :3 c c A _ u c 'C Q % is w w CC E E E C] W ? p p i io C y V a U E E A x A c _ C y (j G U ie c �h 0. E G u ° ° r Upppi u d ° ' o L) a ' U [zid w d, A ' v _ n E 5 4 � u u oo d y r r ❑ o y v 3 " o0 00 5 00 00 S °' 0° o OD o o A E A 0, v�i rn y A N x Z C o U U �_ of C N en -7 10 oo F F C7 y p () U Ca [A N C7 I«" C C� .1 C7 U C7 rx CC 0S a a 4 a o'. � a s C .�. U U o d N M 3 a < inn to to C4 &n � z U �' �' U U Bakeries and Confectmonanes P P p P (2) Wbolesale bakery P P Bulk retail P P P P P p) (1) Recycling centers C P Retail sales of lumber,tools and other P P P building materiah,including preassembled products Hardware,paint,tile and wallpaper P P P P P P P (retail) 011 (2) Farm equipment P P General merchandise.Dry goods,variety P P P P P P and department stores(retail) (11) (2 Food and convenience stores(retail) P P P P P P S P S P 01) (12) (4) (12) (2) Automobile,aircraft,motorcycle,boat P P P and recreational vehicles sales(retail) Automotive aircraft motorcycle and P P P P P P P P marine accessories(retail) (13) (13) (5) (2) (13) Gasoline service stations S S S S S S S S C (6) (6) (6) (6) (6) (6) (6)1(6) Apparel and accessories(retail) P (11 P P P A P (8) (2) Furniture,home furnishing(retail) P P P P P P P (11) (2) Eating and drinking establishments(no P P P P P P P A P P P P drive-through) (11) I 1 105) (5) 1 (2) Eating and drinking establishments(with S C P S P P drive-through) (6) (7) (6) (20) (2,3) (20) (20) (20) (20) Eating facilities for employees A A A A Planned Development Retail Sales C (14) Drive thru/Drive up businesses P P P P P P (commercial/retail—other than (20) (20) (20) (20) (20) (20) eating/drinking establishments) Miscellaneous retail-Drugs,antiques, P P P P P P A A P books,sporting goods,jewelry,florist, (11) (15) (a) (2) photo supplies,video rental,computer supplies,etc Liquor store P P P P P P P P (11) (2) Farm supplies,hay,grain,feed,fencing, P P P etc (retail) Nurseries,green houses,garden supplies, P P P tools,etc. Pet shops(retail and grooming) P P P (2) 26 Zoning Districts Key P-Principally Permitted Uses =Special Uses y H Conditional Uses „ „ p Ca A =Accessory Uses E o o a rrV {y y E r"r U (] F L C y G N c y V U S E w E E c y G] C] f] v R E M C A A A a E E E d Q o 3 E u o c C u 'O 'O <o O ° C is V V w E E id 72 o ai Se c E d Q u E y U �' E E A m y ro ' G Qo > > > d c c U v Q A E _ E _ _ y o j ❑. CL., d Lt. f3, d 7 7 3 7 m o0 5 —00 0o a 3 d E O E E D u c c "I c c ° E Q �o v� (A v � v� Gl F F � � y � Z o o ❑ U rUv � 5 E v of < -- ry - 0 0o a U U LU " O E _ U CJ U a s c> a a o: a z a x o y U U UU � o < v Q cn cn cn n cn F Z U p Q U U Computers and electronics(retail) P P P P P (2) Hotels and motels P P P P P P (11) Complexes which include combinations of P P uses,including a mixture of office,light manufacturing,storage and commercial uses Outdoor Storage(including truck,heavy P P A A A A A P equipment and contractor storage yards (19) (19) (19) (19) (19) (19) (19) (19) as allowed by Development Standards Sections15.04.190&15 04 210) 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 A A A A A appurtenant to a permitted use (9) (16) (16) (17) (17) (16) (16) (16) (18) —Agnculturaflv related retail L21) 27 See. 15.04.080. Wholesale and Retail Land Use Development Conditions. 1. 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. 2. All sales, storage and display occur within enclosed buildings. 3. 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. 4. Convenience and deli marts are limited to a maximum gross floor area of three thousand(3,000) square feet. 5. 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. 6. Special uses must conform to the development standards listed in Section 15.08.020. 7. Drive-through restaurants, only if located in a building having at least two (2) stories. 8. Accessory uses are only allowed in cases where development plans demonstrate a relationship between these uses and the principal uses of the property: 9. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 10. Retail uses operated in conjunction with and incidental to permitted uses, provided such uses are housed as a part of the building comprising the basic operations. 28 Agricultural Lands 11. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, must be retail or pedestrian- oriented. Pedestrian-oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail establishments, including but not limited to, convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops and book shops; b. Personal services, including but not limited to, barber shops, beauty salons and dry cleaning; C. Repair services, including but not limited to, television, radio, computer,jewelry and shoe repair; d. Food-related shops, including but not limited to, restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to, law offices and consulting services; and g. Any other use that is determined by the planning manager to be of the same general Any as the above permitted uses and in accordance with the stated purpose of the district,pursuant to Section 15.09.065, Use Interpretations. 12. Retail convenience grocery sales are allowed in conjunction with a gasoline service station as a special permit use subject to the development standards listed in j Section 15.08.020. 13. Retail sales are limited to tires, batteries and accessories for industrial vehicle and equipment. 14. Retail sales are permitted as part of a planned development where at least fifty i I(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. 29 Agricultural Lands 15. Incidental sales and services, such as restaurants, pharmacies and retail sales, to serve occupants and patrons of permitted uses when conducted within the same building,provided there is no exterior display or advertising. 16. Includes incidental storage facilities and loading/unloading areas. 17. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. 18. Accessory uses shall not include vehicular drive-through, drive-in and service bay facilities. 19. Reference 15.07.040(C) outdoor storage landscaping. 20. Whenever feasible, drive-up/drive through facilities shall be accessed from the rear of a site and run along an interior lot line or building elevation. Landscaping, sufficient to soften the visual impact of vehicle stacking areas,may be required. 21. Retail use must be for sale of agricultural or horticultural produces at least 25% of the Qross sales value of which are grown within Washington State Up to 50% of the gross sales value may be for seed gardening equipment and products private label foods, and locally hand made products. Any structures must be designed to maintain or enhance the agricultural appearance of the area. 30 Agricultural Lands Sec. 15.04.090. Service Land Uses. Zonint Districts ><1 Principally Permitted Uses Special Uses F H y _ Conditional Uses u zG A A—Accessory Uses o o A p b u uF, E C A 5 N A A A a m 12 U0 m a c $ e " '9 E E U H S Ak° c v v •E E o c A m Z 0 ' u u C •v o >' d `i0 U > L `° G a u E fi b u u u tY u u E d tti is El] p c >, E p a a, E T T E E 2' !� E ° o U w m x ptO b s o is a a a A = w v E c o 4 U U A o o {}rFC�,C 00 'U V G En «V+ < €� a to h h v', A N z z C A F- F- C7 Y y U U $ W N c ' W 01 0� S U U U(� `L UU O < N M1 3 < < 0 V) to CA W W z U U U U O Finance,insurance,real estate P P P P P P P P P P services (1) (2) (3) (12) Personal services:Laundry;dry P P P P P P C P P( P P cleaning;barber,salons;shoe repair, (12) (10) 10) (2) (3) launderettes (]0) Mortuaries P P P C P (12) (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 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 P Bnsions services,duplicating and P P P P P P P P P ue priodug,travel agencies and (12) (2) (3) {oyment agencies wilding maintenance and pest control P P P P P P (2) Outdoor Storage(including truck P P A A A A A P heavy equipment and contractor C storage yards as allowed by (9) Development Standards Sections 15.04.190&15.04110) Rental and leasing services for cars, P P P P P P trucks,trailers,furniture and tools (2) Auto repair and washing services C P P P P C (including body work) (5) Repair services:Watch,TV; P P P P P P P P P electrical;electronic;upholstery (12) (2) (3) Professional services:Medical;clinics P P P P P P P P P P and other health care related services (2) (3) (20) Heavy Equipment and Truck Repair P P P C P (9) Contract Comtrwction Service P P P P P P P P P Offices:Building constructlon; (16)(16) (17)(]n (2) (3) plumbing;paving and landscaping (17) Educational Services: vocational; P P P P P P P P trade;art;music;dancing;barber (2) (3) and beauty Churches S S S S S S S S S S S S S S S S S S S S (4) (4) (4) (4) (4) (4) (4) (4) (4).(4) (4) (4) (4) (4) (4) (4) (4) (4) (d) (4) Administrative and professional P P P C P P P P P P P offices—general (12) (2) (3) un{cipal uses and buildings P P P P P P P P P P P P P (13) (13) (13)(13)(13)(13)(13)(13)(13) (2) (13) (13) (13) Research,development and testing P P P P P P P (2) pp 31 Zoning Districts Key P—Principally Permitted Uses ;, E '1; S e Special Uses E y Q C m Conditional Uses u u 0 Q b A-Accessory Uses _ e c A v •� 'S b b y G b A G M 'm is a '4 1, Q u E E b � U > _ w 8 E C w a• c o, U E A `= m E E E e o r U v U pp `= `= E e °' o U. u 73 u u k u > c `' U •� e c in c c Q3 u m o m ° E �i Q E C4a ca� x %p 00 U U ( .N a s a C. 8U � � � U 2 o < - - Cq M it Planned Development Retail Sales C (6) Accessory uses and buildings A A (7) A AAA A A A A A A A I IA A A A IA A A A A A A A IA customarily appurtenant to a (is)(is)(19)(19) (is)(is (1s) (15) permitted use Boarding kennels and breeding C C C establishments Veterinary clinics and veterinary C P p p p C p hospitals (8) (g) (8) (g) (11) i Administrative or executive offices P P P P P which are part of a predominant Industrial operation. Officesin�idental and necessary to the A A A A A conduct of a principally permitted use 32 Sec. 15.04.100. Service Land Use Development Conditions. 1. Banks and financial institutions (excluding drive-through). 2. Uses shall be limited to twenty-five (25) percent of the gross floor area of any single- or multi-building development. Retail and service uses which exceed the twenty-five (25) percent limit on an individual or cumulative basis shall be subject to review individually through the conditional use permit process., A conditional use permit shall be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operating characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis. 3. All sales, storage and display occur within enclosed buildings. 4. Special uses must conform to the development standards listed in section 15.08.020. 5. Excluding auto body repair. 6. 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. T Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not jpermitted in residential zones. 8. Veterinary clinics and animal hospitals when located no closer than one hundred fifty (150) feet to any residential use, providing the animals are housed iindoors, with no outside runs, and the building is soundproofed. Soundproofing must be designed by competent acoustical engineers. 9. Those uses that are principally permitted in the M-3 zone may be permitted in the M-2 zone via a conditional use permit. 10. Personal services uses limited to linen supply and industrial laundry services, diaper services, rug cleaning and repair services, photographic services, beauty and barber services and fur repair and storage services. 33 Agricultural Lands 11. 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. 12. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, must be pedestrian-oriented. Pedestrian-oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail establishments, including but not limited to, convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops and book shops; b. Personal services, including but not limited to, barber shops, beauty salons and dry cleaning; C. Repair services, including but not limited to, television, radio, computer,jewelry and shoe repair; d. Food-related shops, including but not limited to, restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to, law offices and consulting services; and g. Any other use that is determined by the planning director to be of the same general-character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to section 15.09.065, Use Interpretations. 13. Except for such uses and buildings subject to Section 15.04.150. 14. Conducted in conjunction with a principally permitted use. 15. Accessory uses shall include vehicular drive-through, drive-in or service bay uses. 16. Contract construction services office use does not include contractor storage yards, which is a separate use listed in Section 15.04.040. 34 Agricultural Lands 17. Outside storage or operations yards are permitted only as accessory uses. Such uses are incidental and subordinate to the principal use of the property or structure. 18. Includes incidental storage facilities and loading/unloading areas. 19. Includes ' incidental storage facilities, which must be enclosed, and loading/unloading areas. 20. Shall only apply to medical and dental offices and/or neighborhood clinics. 35 Agricultural Lands Sec. 15.04.110. Cultural,Entertainment and Recreation Land Uses. Zoning Districts Key P=Principally Permitted Uses S=Special Uses _ C=Conditional Uses A N A v u G c A A 5 A=Accessory Uses E > > m A " N E 0 •N F 5 E A N 5 U 7, d ° E d A N 5 C �CC E r r� a 72 A E _ ^ A Cl E y : N O O y do O v N A -5 A F I- a U & eo _ 5 5 �0 u d u a' a"i d E a n: o �,+ 77+ � E > > o E E A � 9 ° o U m U A y o @ A E E ci E E = c c o a U U 2 Q° o o' U ti u > > G ? ° �. U 5 a - 5 4) N Oo CJ N 'G C N N u c e �n c c ° o0 0 'o �' Z o $ U U g c61i y o 5 E ac, C7 of 'Q N r1 o0 U U (� NN+ C5 E C� ,:1 0 U C7 OG iY. a C PC �+ CSC+ 0.�+� C�C+ G x U U (7[ rx' U U [7) Q � N t+ 3 Q Q Cn (IJ � VI fn V] .0 � L L L� � � z U IJ Ll V (� V A � !. � .G � V Performing and cultural arts uses, P(3) P P P P P P(1) such as art galleries and studios Historic and monument sites P P Public assembly(indoor):sports P P P P P(2)P(2)P(2) P(1) facilities;arenas;auditoriums and exhibition halls,bowling alleys, C(s) dart playing facilities,skating rinks,community clubs;athletic clubs;recreation centers;theaters (excluding school facilities) Public assembly(outdoor): P P Fairgrounds and amusement parka;tennis courts;athletic fields;miniature golf;go-cart tracks;drive-in theaters;etc. Open space use:Cemeteries, C C C C C C C C C C C C C C C C P(6)P(6) C (7) (7) C C C C C C C parks,playgrounds,golf courses C C C C and other recreation facilities, including buildings or structures associated therewith. Employee recreation areas A A A A Private clubs,fraternal lodges,etc. C C C C C C C C C C C C C I C C C I C I C C C �P(5) C C C C C C (5) C C Recreational vehicle parks C P Accessory uses and buildings A I A JA A A A A A A A A A A A A A A A A A A A A A A A A(4) customarily appurtenant to a permitted use Recreational buildings in MHP A 36 Sec. 15.04.120. Cultural, Entertainment and Recreation Land Use Development Conditions. 1. All sales, storage and display occur within enclosed buildings. 2. Principally permitted uses are limited to indoor paintball, health and fitness clubs and facilities, gymnastic schools and other similar uses deemed compatible with the general character and stated purpose of the district. 3. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district (as shown in Section 15.04.080) must be retail or pedestrian-oriented. Pedestrian-oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail establishments, including but not limited to, convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops and book shops; b. Personal services, including but not limited to, barber shops, beauty salons and dry cleaning; C. Repair services, including but not limited to, television, radio, computer,jewelry and shoe repair; d. Food-related shops, including but not limited to, restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to, law offices and onsulting services; and g. Any other use that is determined by the planning manager to be of the same general character as the above permitted uses and in accordance with the stated urpose of the district, pursuant to section 15.09.065, Use Interpretations. Accessory uses shall include vehicular drive-through, drive-in or service bay acilities. 37 Agricultural Lands 5. Business, civic, social and fraternal associations and service offices are principally permitted uses. 6. Principally permitted uses are limited to parks and playgrounds. 7. Principally permitted uses are limited to golf driving ranges. 8. Public assembly facilities such as amphitheaters, arena, auditoriums and exhibition halls allowed as a conditional use. 38 Agricultural Lands Sec. 15.04.130. Resource Land Uses. Zoning Districts =Principally Permitted Uses u 5 S=Special Uses y A y C=Conditional Uses E O C N p A U N r A=Accessory Uses U� C. E E C O C N C ° o c A A A E E y F A E E L °� a"i u o: u u E o: S ' Y`o o a`� w A `= y �°� aci � CL� R T G: G; >. T m N d �, U E ° ° > > a - y c E E o u x v < E E E _ C�' - 'E' ° c U A w x a N o L° A a A A B E S F F g�yi E > v m m 5 m —ego 3 Leo Lon ° E E E A syi c c c c A r14 10 .S 2 Z ° U E Q U U U •o ' c o Q �o c2 �n A F F C7 S z ° ° ❑ N �' 5 c E C7 of Q N - "0 0o a U U O x � W z a o c W U U o a N Q Q Ln cn cn CA 0 � z U U U �U o o Agricultural uses such as planting and P P P P harvesting of crops,animal husbandry (including wholesale nurseries and greenhouses) Crop and tree farming P P P P P P P P P P P P P P P P P P P P Storage,processing and conversion of P P P agricultural products(not including• slaughtering or meat packing) �ccesso� and buildiogs A A (1) A A A A A A A A A A A A A A A A A A A A A A A A A purtenant to a Roadside use A(3) (2)A(3) (2) 39 Sec. 15.04.140. Resource land use development conditions. 1. 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. 2. Roadside stand not exceeding four hundred (400) square feet in floor area exclusively for agricultural products grown on the premises. 3. 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 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. 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. 40 Agricultural Lands 5. Uses which have unusual impact on environmental quality of the area. 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 manager, warrant review by the land use and planning board 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. 2. A map or drawing of the site drawn to a scale acceptable to the planning services, , 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. 41 Agricultural Lands b. Such existing or proposed features as streams or other bodies of 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 than 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 must be compatible with the major use. f. Off-street 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. 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. (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. 42 Agricultural Lands sanitary sewers. (7) Statement indicating availability of existing or proposed 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. IE. 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. Minor and major adjustments. 1. If minor adjustments are made following the adoption of the final evelopment plan and approval of the combining district, such adjustments shall be pproved by the planning manager prior to the issuance of a building permit. Minor 43 Agricultural Lands 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. Sec. 15.04.160. Development Standards. See. 15.04.160. Development Standards. The development standards tables in KCC 15.04.170 and 15.04.190 determine the specific development standards for a zoning district. The development standards are located on the horizontal rows and the zoning districts are located on the vertical columns of these tables. The minimum dimensional requirements are located in the box at the intersection of the column and the row. The parenthetical numbers in the boxes identify specific requirements applicable either to a special use or the entire zone. The parenthetical numbers correspond to numbers in the subsection immediately following each table. 44 Agricultural Lands Sec. 15.04.170. Agricultural and Residential Zone Development Standards. Zoning Districts W a c c n`3 d m is io Cr rn _ m aci u = E cr c a c a o c to 2 E E o M p� U rh lY M >. Cr W v�i ti a r 4- r = E E E LL E E r o c o y�7 C Li;- lL � Li- ur X 7 M C CL in 0 N IU _ Q (n y LO N (n l7 F C [-� C 2 a c,: al n n n n n n Elf ir CL F F SF Duple: SF Duple: MF SF Duplex MF SF Duple: MF SF Duplez MF SF Duplex MF Maximum 1 du/ 1 2.18 3.63 4.53 6.05 871 871 10.89 12.0 12.0 16.0 16 0 16.0 16 23.0 23 40.0 40 density:dwelling lose du/at dus/ac dus/ac dus/ac dus/ac dus/ae us/a dus/ac us/a us/a ua/a us/a us/2 dust* dus/ac us/a usla us/a units per acre e c c c e c c e Minimum lot 314,E 1-se 34.70016,000 9,600 7,600 5,700 4,000 4,000 8,000 none 8,000 ,500/ cane 8,000 8,5001 none 8,000 ,500 none 9,000 8,500 none 9,000 8,5110 area:square feet 'At-ft sq ft sq ft sq ft sq It sq It sq ft Sq ft sq ft sq ft 3,500 sq ft 3,500 sq ft 2,500 sq It 1,600 sq It 900 or acres,as 10 PC sq ft sq It sq 8' sq It sq ft noted (27) (27) (1) (2) (3) Minimum lot 60 ft Oft 50 ft SO ft 50 ft 50 ft 4111 25 ft go It 25 It 8o ft 80 It 25 ft 80 ft 1800 25 ft 80 ft SO ft 25 ft 80 It 80 It 25 It 80 ft 90 It width-.feet(4) Maximum site 30% q)% 30% 30% 45% 45% SO% 51% 55% 40% 55% 40% 45% 51% 40% 45% 51% 411% 45% 55% 40% 45% 55.1. 40% SO% coverage: (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) percent of site Minimum yard (22) requirements: feet and 20 ft PIIIA 20 It loft loft loft ]Oft loft loft loft ]Oft loft 20 It loft loft 20ft 10It loft 20 It loft loft 20 It loft loft 20 It (6) f,4 (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (8) (8) (8) (S) (8) (8) (8) (8) (8) (8) (8) (8) (a) (8) (8) (8) (8) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) Side yard 15 ft 444 15 ft 5 It 5 It 5 it 5 It 5 It 5 It 5 It 5 it 5 ft (11) 5 It 5 It (11) 5 it S It (11) 5 ft 5 It (11) S It 5 It (11) (30) (30) (30) (30) (30) (30) Side yard on 20 ft 20 It loft loft loft loft loft loft loft loft loft 15 It loft loft 15ft ]Oft loft 15ft loft loft 1Sft loft ]Oft 15 It flanking street of (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) a corner lot Rear yard 20 ft 15 ft 5 It 5 ft 5 It 5 ft 5 It 5 ft 8 It 5 It 9 ft 20 It 5 It 8 ft 20 ft 5 ft 8 It 20 ft 5 ft 8 ft 20 It 5 ft 8 ft 20 ft Additional (12) 43) (12) (32) (32) (14) (31) (31) (14) (31) (31) (14) (14) (14) setbacks! (15) (32) (32) (15) (15) (15) (15) distances (32) (31) (31) between (32) buildings Height 2 5 bury/ 25 25 2.5 25 25 25 25 2.5 25 2 stry/ 3 2.5 2 stry/ 3 2.5 25 3 2.5 2.5 3 2.5 2.5 4 limitation:in stry/ aF-ft stry/ stry/ stry/ stry/ stry/ stry/ stry/ stry/35 stry/ 30 ft stry/ stry/ 30 It stry/ strv/ stry/35 stry/ stry/30 stry/35 stry/ stry/ stry/35 stry/ Stories/not to 35 ft 044 35 ft 35 It 35 It 35 ft 35 It 30 It 30 ft ft 30 ft 30 ft 30 It 30 ft 30 ft ft 40 ft ft ft 40 ft 30 ft ft 50 It exceed In feet p6) (1&) Maximum 40% 40% 40% 50% 60% 70% 75% 75% 70% 75% 70% 70% 75% 70% 70% 75% 70% 75% 70% 75% 70% impervious (19) (19) (23) (23) (23) (23) (23) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) surface:percent Of total parcel area Zero lot line and The provisions to Sections 15 08 300,310,320,and 330 shall apply clustering(24) Signs The sign regulations or Chapter 15.06 shall apply Offstreet The off-street parking requirements of Chapter 15 05 shall apply parking Landscaping The landscaping requirements of Chapter 15 07 shall apply Multi-family (25) (25) (25) (25) (25) Transition Area M family (26) (26) (26) (26) (26) new a1 Additional standards for specific uses are contained in Chapter 15 08 and Chapter 15.09. scan ards (20)—+3"31) (28) (28) -—--424) (29) (29) 45 Sec. 15.04.180. Agricultural and Residential Land Use Development Standard Conditions. 1. 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. 2. 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. 3. 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. 4. 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. 5. Interior yards shall not be computed as part of the site coverage. 6. Porches and private shared courtyard features may be built within the front building set back line. 7. For properties abutting on West Valley Highway, the frontage on West Valley Highway shall be considered the front yard. 8. Proposed front yards less than twenty (20) feet in depth are subject to approval by the planning manager, based on review and recommendation from the public works department relative to the existing and future traffic volumes and right- f-way requirements as specified in the city comprehensive transportation plan and city onstruction standards. At least twenty (20) linear feet of driveway shall be provided between any arage, carport or other primary parking area and the street property line with the xception of an alley property line. 46 Agricultural Lands 10. 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. 11. 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. For multifamily townhouse developments that attach three (3) units or less, in the MRT-12 or MRT-16 zoning districts the aggregate yard width need not be more than thirty(30) feet, but in no case shall a yard be less than ten (10) feet. 12. Structures for feeding, housing and care of animals, except household pets, shall be set back fifty (50) feet from any property line. 13. Additional setbacks for the Agriculture General AG zoning district. a. Structures for feeding, housing and care of animals shall be set back fifty(50) feet from any property line. b. 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 roposed residential area indicated on the city comprehensive plan. Such transitional onditions shall not exist where the separation includes an intervening use such as a fiver, railroad main line, major topographic differential or other similar conditions, or here the industrial properties face on a limited access surface street on which the ousing does not face. When transitional conditions exist as defined in this subsection, yard of not less than fifty(50) feet shall provided. C. Setbacks, Green River. Industrial development in the AG district butting the Green River, or Russell Road or Frager Road where such roads follow the ver bank, shall be set back from the ordinary high-water mark of the river a minimum f two hundred (200) feet. Such setbacks are in accordance with the city comprehensive plan and in accordance with the high quality of site development ypically required for the industrial park areas of the city and in accordance with the tate Shoreline Management Act of 1971, and shall be no more restrictive than, but as estrictive as, the Shoreline Management Act. 47 Agricultural Lands 14. An inner court providing access to a double-row building shall be a minimum of twenty(20) feet. 15. The distance between principal buildings shall be at least one-half the sum of the 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. 16. The height limitations shall not apply to barns and silos provided that they are not located within fifty(50) feet of any lot line. 17. 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. 18. The planning manager 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 Tanning manager may impose such conditions, within a reasonable amount of time, as may be necessary to reduce any incompatibilities with surrounding uses. 19. 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. 20. 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 permitted buildings or structures. , C. All subsurface activities, including excavation for underground utilities, pipelines or other underground installations, that cause permanent disruption f the surface of the land. Temporarily disrupted soil surfaces shall be restored in a anner consistent with agricultural uses. d. Dumping or storage of nonagricultural solid or liquid waste, or of rash, rubbish or noxious materials. 48 Agricultural Lands e. Activities that violate sound agricultural soil and water conservation management practices. 21. Outdoor storage for industrial uses shall be located at the rear of a principally permitted structure and shall be completely fenced. 22. 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. 23. Except for lots used for agricultural practices, the maximum impervious surface area allowed shall be ten thousand (10,000) square feet. 24. Minimum lot width, building setbacks, and minimum lot size regulations may be modified consistent with provisions for zero lot line and clustering housing development. 25. The requirements of section 15.08.215 shall apply in any multifamily transition area, which includes any portion of a multifamily district within oae hundred (100) feet of a single-family district or within one hundred (100) feet of a public street fight-of-way. 6. The requirements of section 15.09.047 for multifamily design review shall apply to any multifamily dwelling of three (3) or more units. P7. Minimum lot area is eight thousand five hundred (8,500) square feet for the first two (2) dwelling units, and three thousand five hundred (3,500) square feet for each additional dwelling unit. 8. The following zoning is required to be in existence on the entire property to e rezoned at the time of application of a rezone to an MR-T zone: SR-8, MR-D, MR- MR-M, MR-H, O, O-MU, NCC, CC, GC, DC or DCE. 9. All multifamily townhouse developments in the MR-T zone shall be ondominiums only. A condominium plat shall be filed and recorded pursuant to Chapter 64.32 RCW prior to approval of a development permit by the city. 0. As an option to the five (5) foot side yard requirement for single-family evelopment in all multifamily zoning districts as set forth in KCC 15.04.170, a side and width of no less than three (3) feet may be utilized under the following conditions: 49 Agricultural Lands a. Fire hydrants for the development, as required by the fire code set forth in KCC Title 13, will be placed a maximum of three hundred (300) feet in separation; b. The required fire hydrants shall have a minimum fire flow of one thousand five hundred (1,500) gallons per minute; and C. Emergency vehicle access roads shall be provided to the development, which includes an improved road accessible within one hundred fifty (150) feet of all portions of the exterior first floor of the structure. This option is subject to the approval of the Washington State Building Council. Application of this option shall be effective upon receipt by the city of Kent of such approval. 31. Where lands are located wholly or partially within the urban separator, as designated on the City of Kent Comprehensive Land Use Plan Map, dwelling units shall be required to be clustered, subject to the provisions of Ch. 12.04 KCC, entitled "Subdivisions". The density in a cluster subdivision shall be no greater than the density that would be allowed on the parcel as a whole, including all critical areas (creeks, wetlands, geological hazard areas) and buffers, using the maximum density provisions of the zoning district in which it is located. The common open space in a cluster subdivision shall be a minimum of fifty (50) percent of the nonconstrained area of the parcel. The nonconstrained area of the parcel includes all areas of the parcel, minus critical areas, as defined in RCW 36.70A.030(5) as currently and hereinafter amended, and buffers. The remainder of the nonconstrained area of the parcel shall be the buildable area of the parcel. The common open space tracts created by clustering shall be located and configured in the manner that best connects and increases protective buffers for environmentally sensitive areas, connects and protects area wildlife habitat, creates connectivity between the open space provided by the clustering and other adjacent open spaces as well as existing or planned public parks and trails, and maintains scenic vistas. Critical areas and buffers shall not be used in determining lot size and common open space equirements in a cluster subdivision. All natural features (such as streams and their 50 Agricultural Lands buffers, significant strands of trees and rock outcropping), as well as sensitive areas (such as steep slopes and wetlands and their buffers) shall be preserved, as open space in a cluster subdivision. Future development of the common open space shall be prohibited. Except as specified on recorded documents creating the common open space, all common open space resulting from lot clustering shall not be altered or disturbed in a manner that degrades adjacent environmentally sensitive areas, rural areas, agricultural areas, or resource lands; impairs scenic vistas and the connectivity between the open space provided by the clustered development and adjacent open spaces; degrades wildlife habitat; and impairs the recreational benefits enjoyed by the residents of the development. Such common open spaces may be retained under ownership by the owner or subdivider, conveyed to residents of the development, conveyed to a homeowners association for the benefit of the residents of the development, conveyed 'Ito the city with the city's consent and approval or to another party upon approval of the city of Kent. The minimum lot size of individual lots within a clustered subdivision is two thousand five hundred (2,500) square feet, and the minimum lot width is thirty (30) !feet. In the event that common open space prohibits development of one single-family residence on the parcel, the common open space will be reduced by the amount 'necessary to meet the minimum two thousand five hundred (2,500) square foot lot size. !New lots created by any subdivision action shall be clustered in groups not exceeding eight (8) units. There may be more than one (1) cluster per project. Separation between cluster groups shall be a minimum of one hundred twenty (120) feet. Sight- obscuring fences are not permitted along cluster lot lines adjacent to the open space area. i 51 Agricultural Lands 32. For multifamily townhouse developments that attach three (3) units, the minimum building to building separation shall be ten (10) feet. For duplex and single family condominium townhouse developments, the minimum building to building separation shall be established through the Uniform Building Code(UBC). 52 Agricultural Lands Sec. 15.04.190. Commercial and industrial zone development standards. ZONING DISTRICTS U y Ur U U pC U C y uj C C =U= U y L C E E C C i0 D tCj C� y i` N W N T U E E c 2 UC G G E U o U a m _ 00 Y a h y O v U > > U .T. 2 p ¢ tY s E E s Q Qo LQ7 U U c Q c' ' c d Z 'Uo 3 Minimum lot area:square feet or acres,as 10,000 10,000 5,000 5,000 10,000 10,000 10,000 10,000 1 acre 1 acre 10,000 20,000 15,000 10,000 1 acre noted sq IT sq ft sq ft sq It j sq ft sq ft sq ft sq ft sq ft sq ft sq ft sq ft (1) Maximum site coverage:percent of site 40% 40% 100% 100% 50% 50% 40% 30% 50% 60% 60% 65% 75% 40% 60% Minimum yard requirements:feet Front yard 15 ft 15 ft (2) (3) 15 ft 15 ft 20 ft 25 ft 30 ft (5) (5) (6) (7) 15 ft (5) (4) Side vard (8) (9) (2) (3) (10) (10) (10) (10) (11) (12) (12) (13) (14) 5 ft JU2 ps) (16) Side yard on flanking street of a corner lot (t7) (17) (17) (18) 1s ft UD Rear yard 20 ft 20 ft (2) (3) (19) (19) (19) (19) (20) (20) (21) (21) s ft i201 (2) 1 (22) Yards,transitional conditions (23) (23) (24) (25) 23 Additional setbacks (26) (29) (29) (29) (27) (28) Height limitation:in stories/not to exceed in 2 stry/ 3 stry/ 4 stry/ (32) 2 stry 2 stry 2 stry 3 stry/ 2 stry/ 2 stry/ 2 stry/ 2 stry/ 2 stry/ 3 strr/ 2 strv/ feet 35 ft 40 ft 60 ft 35 ft 35 ft 35 ft 40 ft 35 ft 35 ft 35 ft 35 ft 35 ft 40 ft 35 ft (30) (31) (30) (30) (30) (33) (35) (35) (35) (37) (38) LSJ (34) Landscaping The landscaping requirements of Ch 15 07 KCC shall apply (52) (52) i52) Outdoor storage (39) (39) (40) (40) (42) (43) (43) (44) (45) (59) i43) (41) (41) (51) Signs The signs regulations of Ch 15 06 KCC shall apply 60 Vehicle drive-through,drive-in and service (46) (46) (46) (46) (46) (46) bays (6t) Loading areas (47) (47) (47) (47)T L47) (48) (48) (49) (51) Off-street parking The off-street parking requirements of Ch 15 05 KCC shall apply (57) (57) (57) (57) (58) (53) (58) (57) tJ Additional standards (50) (36) (31) (31) (50) (50) (36) (36) (50) (50) (50) (50) (50) LL) (56) (50) (50) (50) (56) (56) (50) (50) (56) (53) (53) (54) (54) 1�3j (S6) (S6) (56) (56) (56) (54) (54) (55) (55) l5 (31) 05) (55) (56) (56) L1 (56) (56) L) 53 Sec. 15.04.195. Commercial and industrial land use development standard conditions. 1. Mnimum lot of record or five thousand (5,000) square feet, whichever is less. 2. None, except as required by landscaping, or if off-street parking is provided on site. See the downtown design review criteria outlined in KCC 15,09.046. 3. No minimum setback is required. If a rear and/or side yard abuts a residential district, a twenty (20) foot rear and/or side yard setback may be required. See the downtown design review criteria outlined in KCC 15.09.046. 4. For properties abutting on West Valley Highway, the frontage on West Valley Highway shall be considered the front yard. 5. 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: a. Properties fronting on arterial and collector streets shall have a minimum setback of twenty(20) feet. b. Properties fronting on local access streets shall have a minimum setback of twenty(20) feet. 6. 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: a. Properties fronting on arterials and collector streets shall have a immum setback of forty(40) feet. b. Properties fronting on local access streets shall have a minimum setback f thirty(30) feet. The front yard shall be ten (10) percent of the lot depth. Regardless of lot size, he yard depth need not be more than thirty-five (35) feet. No side yard is required, except when abutting a district other than NCC, and hen the side yard shall be not less than twenty(20) feet in width. No side yard is required, except when abutting a more restrictive district, and hen the side yard shall be not less than twenty(20) feet in width. 54 Agricultural Lands 10. No side yard is required, except abutting a residential district, and then the side yard shall be twenty(20) feet minimum. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. Where a side yard abuts a residential district, a side yard of at least twenty (20) feet shall be provided. 17. 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: a. Properties fronting on arterial and collector streets shall have a minimum setback of forty(40) feet. b. Properties fronting on local access streets shall have a minimum setback of thirty(30) feet. i 18. 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 55 Agricultural Lands greater than twenty(20) feet, in which case the side yard need not be more than twenty (20) feet. 19. No rear yard is required, except abutting a residential district, and then the rear yard shall be twenty(20) feet minimum. 20. No rear yard is required, except as may be required by other setback provisions of this section. 21. No rear yard is required, except as may be required by transitional conditions. 22. 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. 23. Transitional conditions shall exist when an industrial park M1 or MI-C district and 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 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. 24. 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. 25. 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 56 Agricultural Lands 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. 26. Structures for feeding, housing and care of animals shall be set back fifty (50) feet from any property line. 27. 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 jshall 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. 28. 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. 129. Development in the M1 or Ml-C district and 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 state Shoreline Management Act lof 1971, and shall be no more restrictive than, but as restrictive as, the Shoreline Management Act. l 57 Agricultural Lands 30. The planning manager 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. 31. The downtown design review requirements of KCC 15.09.046 shall apply. 32. No maximum height limit is required. See the downtown design review criteria outlined in KCC 15.09.046. 33. 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. 34. The planning manager 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 manager may impose such conditions, within a reasonable amount of time, as may be necessary to reduce any incompatibilities with surrounding uses. 35. 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 manager 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 jincompatibility with surrounding uses. Any additional height increase may be granted by the planning eemmissionland use and planningboard. oard. I 58 Agricultural Lands 36. Design review for mixed use development is required as provided in KCC 15.09.045(E). 37. 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 manager 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 increases may be granted by the planning commission. 38. 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. 39. Outdoor storage areas are prohibited. 40. 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. 41. Any unfenced outdoor storage areas shall be paved with asphaltic concrete, (cement or equivalent material to be approved by the city engineer. 42. Outdoor storage (for industrial uses) shall be at the rear of a principally permitted structure and shall be completely fenced. 43. Outside storage or operations yards in the M1 or MI-C i, e district and AG district 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 ear two-thirds (2/3) of the property and reasonably screened from view from any (property line by appropriate walls, fencing, earth mounds or landscaping. Outside i 59 Agricultural Lands 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. 44. 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. 45. Outside storage or operations areas shall be fenced for security and public safety at the property line. 46. Wherever feasible, drive-up/drive-through facilities shall be accessed from the rear of a site and run along an interior lot line or building elevation. Landscaping, sufficient to soften the visual impact of vehicle stacking areas, may be required. 47. 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. j 48. 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 � rY g g p 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 KCC 15.07.050. I 49. 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 KCC 15.07.050 pertaining to visual buffers. 50. Development plan approval is required as provided in KCC 15.09.010. 51. 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 KCC 15.07.050 pertaining to visual buffers. 60 Agricultural Lands 52. Where building walls face adjacent streets and are unfenestrated for more than forty (40) feet at any point along the fagade, additional landscaping' andsca in shall be required to p g reduce visual impacts. In such circumstances, type II landscaping, as defined in KCC i 15.07.050, shall be required; provided, that evergreen trees shall be at least ten (10) I j feet in height and deciduous trees shall be a minimum of two (2) inch caliper at the time of planting. 53. Predominant activities and operations shall be completely enclosed within buildings or structures, except for customary appurtenances such as loading and unloading areas, or where special conditions exist as a result of a conditional use public hearing. The planning manager shall be authorized to determine the reasonable application of this provision in cases of operational hardship or other showing of uncommon circumstances. 54. Multitenant buildings shall be permitted. i 55. All required yards, parking areas, storage areas, operations yards and other open uses on the site shall be maintained in a neat and orderly manner appropriate for the district at all times. The planning manager shall be authorized to reasonably pursue the enforcement of this subsection where a use is in violation, and to notify the owner or operator of the use in writing of such noncompliance. The property owner or operator of the use shall be given a reasonable length of time to correct the condition. j 56. The performance standards as provided in KCC 15.08.050 shall apply. 57. Off-street parking may be located in required yards except in areas required to be landscaped. 58. Those areas not required to be landscaped may be used for off-street parking. 59. Outdoor storage is allowed only as an accessory use to small scale, light I industrial or manufacturing operations where the building, structure or total operation, including all indoor and outdoor storage areas, does not encompass more than ten thousand (10,000) square feet of total area. j60. Signage on commercial uses in the MI-C zone shall be as specified in KCC 15.06.050(B). Signage on industrial uses in the MI-C zone shall be as specified in KCC 15.06.050(E). 61 Agricultural Lands 61. Any eating establishment with a drive through/drive-in facility shall be located a minimum of 1,000 feet from any other restaurant with a drive through/drive-in facility. I I I� I I it it i I i i 62 Agricultural Lands Sec. 15.04.200. Mixed use overlay development standards. Overlay Districts GC-MU 0-MU CC-MU Floor 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(1)square foot for increased by one(1)square foot for increased by one(1)square foot for each square floor of residential floor each square floor of residential floor each square floor of residential floor area provided up to a maximum area provided up to a maximum area provided up to a maximum commercial FAR of 5 commercial FAR of 5 commercial FAR of 5 1.0 for residential uses,provided that, 1 0 for residential uses,provided that, 1.0 for residential uses,provided that, residential FAR may be increased by 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 Sixty(60)percent for commercial Sixty(60)percent for commercial Sixty(60)percent for commercial uses with residential uses,provided uses with residential uses,provided uses with residential uses,provided that twenty-five(25)percent of the that twenty-five(25)percent of the that twenty-five(25)percent of the gross floor area is residential use gross floor area is residential use gross floor area is residential use Height Twenty-five(25)feet,provided that Twenty-five(25)feet,provided that Twenty-five(25)feet,provided that basic heights may be increased up to basic heights may he increased up to basic heights may be increased up to the maximum height of forty(40)feet the maximum height of forty(40)feet the maximum height of forty(40)feet (o o) (o Front yard Zero(0)feet,provided that sine Zero(0)feet,provided that sine Zero(0)feet,provided that sine 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 yard Zero(0)feet,provided that setbacks Zero(0)feet,provided that setbacks Zero(0)feet,provided that setbacks of at least twenty(20)feet will be of at least twenty(20)feet will be of at least twenty(20)feet will be 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 Four(4)spaces Retail/office uses Four(4)spaces Retail/office uses Four(4)spaces per thousand(1,000)square feet of per thousand(1,000)square feet of per thousand(1,000)square feet of floor area(2) floor area(2) floor area(2) Residential uses(3) Residential uses(3) Residential uses(3) 63 See. 15.04.205. Mixed Use Land Use Development Standard Conditions. 1. The following height modifications shall apply: a. Five-foot increases for developments containing residential uses, provided that twenty-five (25) percent of gross floor area is in residential use. b. Five-foot increases for parking under the building. C. Five-foot increases for using a pitched roof form. d. Five-foot increase for stepping back from the top floor (minimum of five feet). 2. The first three hundred(300) square feet of retail or office space that is a part of an individual residential unit is exempt. 3. The following parking requirements shall apply: a. 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. .I b. One-bedroom: 1.5/du without commercial uses; 1.0/du with i commercial uses, provided that twenty-five (25)percent of overall gross floor area is in i commercial uses. C. 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. •SECTION 4. Section 15.06.050(E) of the Kent City Code, entitled "Regulations for specific districts,"is hereby amended to read as follows: j See. 15.06.050(E). Regulations for specific districts. E. Signs permitted in industrial districts. 1. Aggregate sign area. The aggregate sign area for lots in the MA,---af1 M1, and AG districts shall not exceed one-half(1/2) square foot for each foot of street Ifrontage. The aggregate sign area for lots in the M2 district shall not exceed three- fourths (3/4) square foot for each foot of street frontage. The aggregate sign area for 64 Agricultural Lands 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 1/2 square foot for i ( ) q each foot of street frontage on a corner lot. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. i SECTION 5. Section 15.07.010 of the Kent City Code, entitled j "Purpose," is hereby amended to read as follows: Sec. 15.07.010. Purpose. A. The provisions of this chapter are to provide minimum standards for landscaping in order to maintain and protect property values and enhance the general appearance of the city. B. The planning emanager shall have the authority to waive specific I requirements or impose additional requirements in unique or special circumstances to ensure the fulfillment of the stated purpose of this chapter and to allow for flexibility and innovation of design. Special circumstances or unique conditions shall be ; reviewed with the planning wee-tee-manager prior to submittal of a landscape plan. j Examples of special conditions might include: j 1. Preservation of unique wildlife habitat. 2. Preservation of natural or native areas. 3. Compliance with special easements. l 4. Renovation of existing landscaping. 5. Unique site uses. SECTION 6. Section 15.07.060(I) of the Kent City Code, entitled j "Regulations for specific districts,"is hereby amended to read as follows: !I! I. Industrial agricultural, MA (industrial uses) and Agricultural general district AG. Industrial park district, MI. I 1 1. Front yard. The front twenty (20) feet shall be improved with i appropriate permanently maintained landscaping. I 65 Agricultural Lands 2. Side yard. At least fifteen (15) feet of the side yard shall be landscaped as provided in subsection(I)(1) of this section. SECTION 7. Section 15.08.035 of the Kent City Code, entitled "Wireless telecommunications facilities,"is hereby amended to read as follows: Sec. 15.08.035. Wireless telecommunications facilities. A. Purpose and goals. The purpose of this section is to establish general I guidelines for the siting of wireless telecommunications facilities (WTFs), specifically including, without limitation, towers and antennas, in light of the following goals: 1. Protecting residential areas from potential adverse impacts; 2. Enhancing the ability of the providers of wireless telecommunications services to provide those services quickly, effectively, and efficiently; 3. Encouraging location in nonresidential areas; 4. Minimizing the total height of towers within the community; 5. Encouraging the joint use of new and existing sites; 6. Encouraging service providers to locate and configure facilities to minimize adverse impacts through careful design, siting, landscaping, screening, and innovative camouflaging techniques; and 7. Considering potential adverse impacts to the public health and safety from these facilities except where preempted by other laws, rules, and regulations. In furtherance of these goals, the city shall give due consideration to the city's comprehensive plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of WTFs, including towers and antennas. B. Definitions. As used in this section only, the following terms shall have the meanings set forth below: Abandon or abandonment means: I (a) To cease operation for a period of one hundred eighty(180) or more consecutive calendar days; or (b) To reduce the effective radiated power of an antenna by seventy-five (75) percent for one hundred eighty (180) or more consecutive calendar 66 Agricultural Lands ays unless new technology or the construction of additional cells in the same locality llows reduction of effective radiated power by more than seventy-five (75) percent, so long as the operator still serves essentially the same customer base. Antenna means any exterior transmitting or receiving device used in ommunications that radiates or captures electromagnetic waves. Backhaul network means the lines that connect a provider's WTFs/towers/cell �ites to one (1) or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. Camouflage means to disguise, hide, or integrate with an existing or proposed {structure or with the natural environment so as to be significantly screened from view. Co-locate means use of a WTF by more than one (1) service provider. COW means cell on wheels or Cellular on Wheels. EIA means Electronic Industries Association. FAA means the Federal Aviation Administration. FCC means the Federal Communications Commission. Guyed tower means a wireless communication support structure which is typically over one hundred (100) feet tall and is steadied by wire guys in a radial pattern around the tower. I Height means, when referring to a tower or other WTF, the distance measured from the finished grade of the parcel at the base of the WTF to the highest point on the lower or other WTF, including the base pad and any antennas. Lattice tower means a support structure which consists of a network of crossed �etal braces, forming a tower which is usually triangular or square in cross-section. Monopole tower means a support structure which consists of a single pole sunk into the ground and/or attached to a foundation. �i Non-whip antenna means an antenna that is not a whip antenna, such as dish antennas,panel antennas, etc. I Preexisting WTF means any WTF for which a building permit has been croperly issued prior to July 7, 1997, including permitted WTFs that have not yet been onstructed, so long as that permit or approval has not expired. P PP P 67 Agricultural Lands Telecommunications means the transmission, between or among points specified by the user, of information of the user's choosing without change in the form or content of the information as sent and received. Telecommunications service means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public,regardless of the facilities used. Tower means any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for telecommunications, telephone, radio and similar communication purposes. The term includes the structure, all structural supports, and all related buildings and appurtenances. Whip antenna means an omnidirectional dipole antenna of cylindrical shape that is no more than six (6) inches in average diameter. Wireless telecommunications facility or WTF includes "personal wireless service," "personal wireless service facilities," and "facilities" as defined in Title 47, United States Code, Section 332(c)(7)(C), including all future amendments, and also includes facilities for the transmission and reception of radio or microwave signals used for communication, telecommunication, cellular phone personal communications services, enhanced specialized mobile radio, and any other services licensed by the ' FCC, and also includes any other unlicensed wireless services. C. Applicability. f 1 1. New uses. All WTF proposals made in the city, whether for new construction or for modification of existing facilities, shall be subject to the regulations set forth in this code, except as provided in subsection(D). j D. Exemptions. The following are exempt from the provisions of this section and are allowed in all zoning districts. 1. Existing Uses. WTFs that currently exist on July 7, 1997, or for which a valid building permit has been obtained and remains in effect on July 7, 1997, except this exemption does not apply to modifications of existing facilities. i I 2. Industrial/scientific equipment. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC. 68 Agricultural Lands 3. Amateur radio station operators or receive-only antennas. Any tower or antenna that is under seventy (70) feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas. 4. Home satellite services. Satellite dish antennas less than two (2) meters in diameter, including direct-to-home satellite services, when used as a secondary use of the property. 5. COW. A COW or other temporary WTF, but its use anywhere in the city cannot exceed thirty (30) days, unless extended by permit issued by the planning manager or unless the city has declared an area-wide emergency. 6. Public safety WTFs and equipment. Public safety WTFs and equipment, including, but not limited to, the regional 911 system. fE. General. 1. Principal or accessory use. WTFs may be considered either principal or accessory uses. A different use of an existing structure on the same lot shall not preclude the installation of WTFs on that lot. f 2. Not essential services. WTFs shall be regulated and permitted pursuant I, to this section and shall not be regulated or permitted as essential public services. F. General requirements. 1. Siting. Anyone who applies to construct a WTF or to modify or add to an existing WTF shall demonstrate to the city's satisfaction that the proposed facility is located at the least obtrusive and the most appropriate available site to function in the applicant's grid system. 2. FCC licensing. The city will only process WTF permit applications upon a satisfactory showing of proof that the applicant is an FCC licensed telecommunications provider or that the applicant has agreements with an FCC licensed telecommunications provider for use or lease of the facility. 3. Compliance with other laws. Applicants must show, to the satisfaction of the planning manager, compliance with current FCC and FAA rules and regulations land all other applicable federal, state, and local laws, rules and regulations. 69 Agricultural Lands 4. Lot size. For purposes of determining whether the installation of WTFs complies with district development regulations including, but not limited to, setback requirements, lot-coverage requirements, and other requirements, the dimensions of the entire lot shall control, even though the WTFs may be located on leased parcels within that lot. 5. Height. Unless further restricted or expanded elsewhere in this section, no WTFs may exceed the following height and usage criteria: (a) For a single user, up to ninety(90) feet in height; and (b) For two (2) or more users, up to one hundred twenty (120) feet in height. 6. Security fencing. WTFs shall be enclosed, where appropriate, by security fencing not less than six (6) feet in height; provided however, that the planning manager or, where applicable, the hearing examiner may waive these requirements, as appropriate. 7. Landscaping. WTFs shall be landscaped with a buffer of plant i materials that effectively screens the view of the WTF compound; provided, however, that the planning difeetennanager or, where applicable, the hearing examiner may waive these requirements if the goals of this section would be better served. 8. WTFs mounted on structures or rooftops. WTFs mounted on existing structures or rooftops shall be designed and located so as to minimize visual and aesthetic impacts to the adjoining land uses and structures and shall, to the greatest extent practical, blend into the existing environment. 9. Aesthetics. WTFs shall meet the following requirements: (a) WTFs shall be painted a neutral color so as to reduce visual obtrusiveness. (b) At a WTF site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend into the existing natural and constructed environment. 70 Agricultural Lands 10. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required for any WTF, the lighting must cause the least disturbance to the surrounding area. 11. Measurement. For purposes of measurement, WTF setbacks and separation distances shall be calculated and applied irrespective of municipal and county jurisdictional boundaries. 12. Franchises, licenses, and permits. Owners and/or operators of WTFs shall certify that they have obtained all franchises, licenses, or permits required by law for the construction and/or operation of a wireless telecommunication system in the city and shall file a copy of all required franchises, licenses, and permits with the planning manager. 13. Signs. No signs shall be allowed on an antenna or tower. I. f 14. Backhaul providers. Backhaul providers shall be identified and they shall have and maintain all necessary approvals to operate as such, including holding necessary franchises, permits, and certificates. The method of providing backhaul, wired or wireless, shall be identified. G. Tower requirements. 1. Tower setbacks. All towers, support structures and accessory buildings must satisfy the minimum setback requirements for that zoning district. 2. Support systems setbacks. All PP Y guywires, anchors, and other support structures must be located within the buildable area of the lot and not within the front, rear, or side yard setbacks and no closer than five (5) feet to any property line. 3. Monopole construction required. All towers will be of a tapering i monopole construction; however, the planning manager or, where applicable, the hearing examiner may allow another type tower upon a showing that it would cause less impact to the surrounding property than a similar monopole structure or would �I further the purposes and goals in this section. 4. Inventory of existing sites. Each applicant for a tower shall provide an inventory of its existing WTF sites that are either within the jurisdiction of the city or i 71 Agricultural Lands within one (1) mile of its borders, including specific information about the location, height, and design of each facility. 5. EIA standards. Towers shall be constructed so as to meet or exceed the most recent EIA standards. Prior to issuance of a building permit, the building official shall be provided with an engineer's certification that the tower's design meets or exceeds those standards. 6. Site selection and height. Towers shall be located to minimize their number and height and to minimize their visual impacts on the surrounding area in accordance with the following policies: (a) Ensure that the height of towers has the least visual impact and that the height is no greater than necessary to achieve service area requirements and to provide for potential co-location; and (b) Demonstrate that the owner or operator has, to the greatest extent practical, selected a new tower site that provides the least visuc.? impact on residential areas. This shall include an analysis of the potential impacts from other vantage points in the area to illustrate that the selected site and design provides the best opportunity to minimize the visual impact of the proposed facility. (c) Site so as to minimize being visually solitary or prominent when viewed from surrounding areas, especially residential areas. The facility should be camouflaged to the maximum extent feasible. 7. Co-location priority. Co-location of antennas by more than one (1) carrier on existing towers is preferred to construction of new towers; provided, that the co-location is consistent with the following: (a) Redesign restrictions. A tower that is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, or of a less obtrusive design (such as a monopole), if practical. (b) Height. Except as may be modified in subsection (I)(1)(a), an existing tower may be modified or rebuilt to a taller height, not to exceed thirty (30) feet over the tower's existing height or one hundred twenty (120) feet, whichever is 72 Agricultural Lands lower, to accommodate the co-location by another provider or operator of an additional antenna system in any district except DC, DCE, NCC and all SR districts. This additional height shall not require an additional distance separation. (c) Onsite relocation. A tower that is being rebuilt to accommodate the co-location of an additional antenna may be relocated on its existing site within fifty (50) feet of its existing location. If consistent with the purposes and goals in subsection (A), the planning manager or, where applicable, the hearing examiner, may i permit the onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands. 8. Separation distances between towers. Separation distances between towers shall be measured between the proposed tower and preexisting towers. Measurement shall be from base of tower to base of tower, excluding pad, footing or foundation. The separation distances shall be measured by drawing or following a straight line between the nearest point on the base of the existing tower and the proposed tower base, pursuant to a site plan of the proposed tower. The separation ' distances (listed in linear feet) shall be as shown in Table 1, unless the distance is reduced by the planning manager when administratively approving a WTF or by the hearing examiner through issuance of a conditional use permit. i i I I i �I 73 Agricultural Lands Table 1 Monopole 75 Monopole less Lattice Guyed feet in height than 75 feet in or greater height Lattice 5,000 5,000 1,500 750 Guyed 5,000 5,000 1,500 750 Monopole 75 1,500 1,500 1,500 750 feet in height or greater Monopole less 750 750 750 750 than 75 feet in height H. Administratively approved WTFs. The planning manager may administratively approve the uses listed in this subsection, once each applicant has applied for and provided all necessary information required in this code and in the city's application form. This administrative approval is classified as a Process I application and is subject to the requirements of Ch. 12.01 KCC. 1. Administratively approved uses. The following uses may be approved by the planning manager after conducting an administrative review: (a) Industrial/commercial zones. Locating WTFs, including the I placement of additional buildings or other supporting equipment used in connection with WTFs, that do not exceed ninety (90) feet in height for a single user and one hundred twenty(120) feet in height for two (2) or more users in the following districts: MA; M1; MI-C; M2; M3; CM-1; CM-2; GC; and GWC. (b) Antennas on existing structures. Locating a WTF other than a tower as an accessory use by attachment to any building or structure other than a single-family dwelling or multifamily structure of fewer than eight (8) dwelling units in any zoning district provided: 74 Agricultural Lands (i) The antenna does not extend more than twenty (20) feet above the highest point of the structure if a whip antenna, or ten (10) feet above the highest point of the structure if a non-whip antenna; and (ii) The antenna complies with all applicable building codes; and (iii) All associated equipment is placed either within the same building or in a separate structure that matches the existing building or structure in character and materials. (c) WTFs on existing towers. Locating a WTF through co-location by attaching the antenna to an existing tower. (d) WTFs within allowable building height. Locating WTFs, including placement of additional buildings or other supporting equipment used in connection with the WTF in O, CC, MRG, MRM, MRH, AG, and A-10 districts, so long as the WTF does not exceed the allowable building height for that district. i (e) COWS for greater than thirty (30) day periods. Upon a proper showing of extreme necessity (for example, if repair or modification of an existing WTF clearly and legitimately cannot be completed within thirty (30) days), locating a COW at a single location for more than thirty (30) calendar days; however, purely economic convenience shall not be considered a viable factor in making this determination. 2. Authority to waive certain requirements. In connection with this administrative approval, the planning manager may, in order to encourage camouflaging and co-location of WTFs, administratively waive separation distance {'!requirements between WTFs by up to fifty (50) percent in nonresidential zones. Additionally, the planning manager may, in order to encourage the use of the least obtrusive type of WTF, administratively allow the reconstruction of an existing WTF to that less obstructive use. I. Conditional use permits. Applications for conditional use permits under this subsection shall be subject to the procedures and requirements of KCC 15.09.030 and j Ch. 12.01 KCC, except as modified by this subsection. If the WTF is not subject to �I 75 Agricultural Lands dministrative approval pursuant to subsection (H), then a conditional use permit shall e required. 1. Conditional WTF uses. Specifically, conditional use permits shall be required for the following WTFs: (a) Industrial/commercial zones. Locating WTFs that exceed ninety 90) feet in height for a single user or one hundred twenty (120) feet for two (2) or ore users or locating antennas on existing structures that exceed the height limitations n subsection (H)(2)(b) in the following districts: MA; M1; MI-C; M2; M3; CM-1; M-2; GC; and GWC. (b) Government property. Locating WTFs (1) separate from �xisting structures on property owned, leased, or otherwise controlled by the city or ther governmental entity or (2) attached to existing structures on property owned, eased or otherwise controlled b the city or other governmental entity exceeding the � Y Y g Y g (height limitations in subsection (H)(2)(b), but only on the condition that the total height, of the attached WTF, including the structure, does not exceed one hundred enty(120) feet, unless permitted under subsection (I)(1)(a); however, this subsection hall not apply in DC,DCE, and NCC districts. l (c) WTFs exceeding allowable building height. Locating WTFs that j xceed the allowable building height in the following districts: O; CC; MRG; MRM; MRH; AG; and A10. - (d) Tower construction under allowed separation distances. Locating towers that do not meet the separation distance requirements in subsection �G)(8) or that do not meet administratively approved separation distance limits. 2. Factors considered in granting conditional use permits for towers. In �ddition to KCC 15.09.030(D), the hearing examiner shall also consider the following factors when considering a CUP application for WTF towers: (a) Height of the proposed tower; (b) Proximity of the tower to residential structures and residential istrict boundaries; (c) Nature of uses on adjacent and nearby properties; 76 Agricultural Lands (d) Surrounding topography; (e) Surrounding tree coverage and foliage; (f) Design of the tower, with particular reference to design haracteristics that have the effect of reducing or eliminating visual obtrusiveness; (g) Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures. (h) Obstruction of or interference with views. (i) Consistency with purpose and goals set forth in subsection (A) f this section. 3. Availability of suitable existing towers, other structures, or alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the hearing examiner that no existing tower, structure, or alternative technology that does not require the use of towers can accommodate the applicant's proposed WTF. An applicant shall submit information requested by the earing examiner related to the availability of suitable existing towers, other structures Or alternative technology. Evidence submitted to demonstrate that no existing tower, �tructure or alternative technology can accommodate the applicant's proposed WTF knay consist of any of the following: (a) No existing WTF is located within the geographic area that meets applicant's engineering requirements. (b) Existing WTFs are not of sufficient height to meet applicant's I engineering requirements. (c) Existing WTFs cannot practically be reconstructed to provide 'sufficient structural strength to support applicant's proposed antenna and related equipment. (d) Electromagnetic interference would occur between two (2) or fnore WTF systems. (e) The fees, costs, or contractual provisions required by the owner n order to share an existing WTF or to adapt an existing WTF for co-location are 77 Agricultural Lands unreasonable. Fees or costs that exceed new WTF development shall not be presumed to render sharing facilities unsuitable. (f) Other limiting factors render existing WTFs unsuitable. (g) An alternative technology that does not require the use of towers or structures would be unsuitable. Costs of alternative technology that exceed new WTF development shall not be presumed to render the technology unsuitable. 4. Separation requirements. The hearing examiner may reduce tower separation distance requirements, including administratively approved separation distance reductions, if the purposes and goals of this section would be better served; however, development of multiple tower locations on a single site (often referred to as "antenna farms") are specifically discouraged wherever possible. J. Removal of abandoned towers. A 1. Abandonment and removal. The owner or operator of any abandoned tower shall notify the city's planning manager, in writing, of that abandonment and shall remove the same within ninety (90) calendar days. Failure to remove an abandoned tower within ninety (90) calendar days shall be grounds to remove the tower at the owner's expense. If there are two (2) or more users of a single tower, then the city's right to remove the tower shall not become effective until all users abandon the tower. 2. Partial abandonment and removal. If the antennas on any tower are removed or relocated to a point where the top twenty(20)percent or more of the height of the tower is no longer in use, the tower shall be deemed partially abandoned. The owner or operator of any partially abandoned tower shall notify the city's planning manager, in writing, of that partial -abandonment and shall remove the partially abandoned portion within ninety (90) calendar days. Failure to remove a partially abandoned tower within ninety (90) calendar days shall be grounds to remove the abandoned portion of the tower at the owner's expense. 3. Security and lien. Each applicant, prior to commencement of construction, shall post sufficient security in the form of a bond, assignment of funds, cashier's check, or cash, in a form acceptable to the city, to cover the estimated cost of 78 Agricultural Lands demolition or removal of the tower and support structures, including complete site restoration. If for any reason the posted funds are not adequate to cover the cost of removal, then the city may charge the facility owner or operator with the city's total cost incurred in removing the abandoned structures. If the owner or operator fails to make full payment within thirty (30) calendar days, then the amount remaining unpaid shall become a lien on the facility property. K. Nonconforming uses. 1. Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted. Any construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section. 2. Damage or destruction not the fault of owner/occupant. Bona fide j nonconforming WTFs.that are damaged or destroyed without fault attributable to the I owner or entity in control may be rebuilt without first having to obtain adinmistrative I' approval or a conditional use permit and without having to meet separation i requirements. The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility. Building permits to rebuild the facility shall comply with applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained or if the permit expires, the tower or antenna shall be deemed abandoned as specified ii in subsection(J). I SECTION 8. Section 15.08.232 of the Kent City Code, entitled "Solar access setback—Applicability," is hereby amended as follows: Sec. 15.08.232. Solar access setback—Applicability. A. All structures over six (6) feet in height proposed on properties in the agricultural (A-10), residential agricultural (SR-1) and single-family zones will be reviewed in accordance with the design standards outlined in KCC 15.08.234, and are encouraged to meet those standards when feasible, based on the size and configuration 79 Agricultural Lands of the lot. The provisions of this section shall not require that the yard and setback requirements of the underlying zone be exceeded. SECTION 9. Section 15.08.260(C)(3)(a) of the Kent City Code, entitled "Green River corridor special interest district regulations," is hereby amended as follows: Sec. 15.08.260. Green River Corridor special interest district regulations. 3. Development limitations. a. Unique and fragile areas, class L Uses within the unique and fragile areas, class I, shall be limited to agricultural uses permitted in the A-10 (agricultural) zone, as set out in KCC 15.03.010. SECTION 10. Section 15.08.270 of the Kent City Code, entitled "Adult uses," is hereby amended as follows: Sec. 15.08.270. Adult uses. A. Adult uses, as defined in KCC 15.02.008, are prohibited within the area ircumscribed by a circle which has a radius consisting of the following distances from he following specified uses or zones: 1. Within one thousand (1,000) feet of any residential zone (SR-1, A-10, G, SR-6, SR-4.5, SR-3, SR-2, MR-D, MR-G, MR-M, MR-H and MHP as provided in Ch. 15.09 KCC). 2. Within one thousand (1,000) feet of any public or private school. 3. Within one thousand (1,000) feet of any church or other religious facility or institution. 4. Within one thousand (1,000) feet of any public park. 5. Within one thousand (1,000) feet of any public library. B. The distances provided in this section shall be measured by following a straight ine, without regard to intervening buildings, from the nearest point of the property or arcel upon which the proposed use is to be located, to the nearest point of the parcel 80 Agricultural Lands of property or the land use district boundary line from which the proposed land is to be separated. C. Violation of the use provisions of this section is declared to be a public nuisance per se, which shall be abated by the city attorney under state law, including procedures set forth in KCC 15.09.090. D. Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or statute of the state regarding public nuisances, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. SECTION 11. Section 15.08.400(A) of the Kent City Code, entitled "Planned unit development, PUD," is hereby amended as follows: Sec. 15.08.400. Planned unit development, PUD. The intent of the PUD is to create a process to promote diversity and creativity in site design, and protect and enhance natural and community features. The process is provided to encourage unique developments which may combine a mixture of residential, commercial and industrial uses. By using flexibility in the application of development standards, this process will promote developments that will benefit citizens that live and work within the city. A. Zoning districts where permitted. PUDs are permitted in all zoning districts with the exception of the A-10, agricultural zone; provided, however, that PUDs in SR zones are only-allowed if the site is at least one hundred (100) acres in size. SECTION 12. The City of Kent's Comprehensive Plan Land Use Designations amend Chapter 4, Future Land Use Plan, Land Use Map as follows: Agricultural Resource Land The Agricultural Resource Land designation is for land reserved for agricultural resource uses. Single-family residential uses may also be allowed, but at very low densities. 81 Agricultural Lands Agricultural Support The Agricultural Support designation is reserved for agriculturally related industrial and retail uses near areas designated for long-term agricultural use. SECTION 13. The land use and zoning designations for the agricultural lands area are issues of community-wide significance that promote the public health, safety, and general welfare, thereby constituting an emergency under KCC 12.02.035 and RCW 36.70A.130(2)(b) and allowing for the amendment of the City's comprehensive plan. SECTION 14. If any one or more section, 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. I SECTION 15. This ordinance shall take effect and be in force thirty (30) days from and after passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 82 Agricultural Lands i PASSED: day of , 2002. j APPROVED: day of ) 2002. PUBLISHED: day of , 2002. 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 1CivJ\0rdmance\AgLands doc it I I i i �i i I 83 Agricultural Lands RESOLUTION NO. A RESOLUTION of the City Council of Kent, Washington, declaring an emergency to pursue an amendment to the Kent Comprehensive Plan, incorporating policies relating to agricultural lands. WHEREAS, pursuant to the Growth Management Act, the City of Kent Comprehensive Plan provides that the Agricultural designation is for land reserved for agricultural resource uses, and that single-family residential uses may be allowed at very low densities; and WHEREAS, the City Council desires to amend the City of Kent's Comprehensive Plan in order to amend policies relating to agricultural lands; and WHEREAS, on November 6, 2000, and December 11, 2000, the City Council Planning Committee discussed the existing policies related to agricultural lands and on December 11, 2000, moved to direct staff to analyze the City's policy on real property designated Agricultural (A-1) and Agricultural General (AG) on the Valley Floor, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS. 1 Comp. Plan Amendment- Agricultural Lands SECTION 1. That revision of polices related to agricultural lands as part of the City of Kent Comprehensive Plan constitutes an issue of community-wide significance that promotes the public health, safety, and general welfare in accordance with the definition of an emergency as set forth in Chapter 12.02 of the Kent City Code. SECTION 2. The City Council therefore declares that an emergency exists and authorizes the Land Use and Planning Board to consider a Comprehensive Plan Amendment for the revision of agricultural land policies as an element of the Kent Comprehensive Plan. �SSED at a regular meeting of the City Council of the City of Kent, Washington this�day of l'L , 2001. �t CONCURRED in by the Mayor of the City of Kent, this day of L-�� , 2001. — ,"— ;r/ JIM WH , MAYOR .' AT/TEST: "q BRENDA JACOB , CITY CLERK , �4R O FORM. A. LUBOVICH, C I hereby certify that this is a true and correct copy of Resolution No. /)F ,passed by the City Council of the City of Kent, Washington, the / day of 2001. BRENDA JACOB>&R ZITY CLERK(SEAL) P\Gvil\Resuluuon�CompPlanAmcnd-4gnculturalLands doc 2 Comp. Plan Amendment- Aaricultural Lands WEST'S REVISED CODE OF WASHINGTON ANNOTATED 0 TITLE 36.COUNTIES CHAPTER 36.70A.GROWTH MANAGEMENT—PLANNING BY SELECTED COUNTIES AND CITIES Copr. © West Group 2002 All rights reserved. Current through Chapter 3 of 2002 Regular Session I 36.70A.130 Comprehensive plans--Review--Amendments(AMENDED). WASHINGTON 2002 LEGISLATIVE SERVICE 57th Legislature,2002 Regular Session Copr. C West Group 2002. All rights reserved. Additions are indicated by<<+Text+>>; deletions by <<-Text->>. Changes in tables are made but not highlighted. Vetoed provisions within tabular material are not displayed. CHAPTER 320 S.S.B.No. 5841 GROWTH MANAGEMENT--COMPREHENSIVE PLAN REVIEW AN ACT Relating to establishing a schedule for review of comprehensive plans and development regulations adopted under the growth management act; and amending RCW 36.70A.130 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: See.1.RCW 36.70A.130 and 1997 c 429 s 10 are each amended to read as follows. <<WA ST 36 70A.130>> (1)«+(a)+>> Each comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the county or city that adopted them. <<-Not later than September 1, 2002, and at least every five years thereafter,->> <<+A+>> county or city shall take <<+ legislative+>> action to review and, if needed, revise its comprehensive land use plan and development regulations to ensure<<-that->>the plan and regulations <<-are complying->> <<+comply+>> with the requirements of this chapter<<+according to the time periods specified in subsection (4) of this section. A county or city not planning under RCW 36.70A.040 shall take action to revielx and, if needed, revise its policies and development regulations regarding critical areas and natural resource lands adopted according to this chapter to ensure these policies and regulations comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section Legislative action means the adoption of a resolution or ordinance following notice and a public hearing indicating at a nummum, a finding that a review and evaluation has occurred and identifying the revisions made, or that a revision was not needed and the reasons therefore+>> The review and evaluation requn ed by this subsection may be combined with the review required by subsection(3) of this section. <<+The review and evaluation required by this subsection shall include, but is not limited to, consideration of critical area ordinances and, if planning under RCW 36.70A.040, an analysis of the population allocated to a city or county from the most recent ten-year population forecast by the office of financial management+>> <<+(b)+>>Any amendment<<+of+>>or revision to a comprehensive land use plan shall conform to this chapter<<-, and-»«+. A+>>ny <<- change->> <<+amendment of or revision+>> to development regulations shall be consistent with and implement the comprehensive plan. (2)(a) Each county and city shall establish and broadly disseminate to the public a'public participation program <<-identifying->> <<+consistent with RCW 36.70A 035 and 36.70A.140 that identifies+>> procedures <<+and schedules+>> whereby <<+updates,+>> proposed amendments<<+,+>> or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year<<-except that-»«+. "Updates"means to review and revise, if needed, according to subsection (1) of this section, and the time periods specified in subsection (4) ofthis section. A+>>mendments may be considered more frequently <<+ than once per year+>> under the following circumstances: (t) The initial adoption of a subarea plan <<+that does not modify the comprehensive plan policies and designations applicable to the subarea+>>; (u) The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90.58 RCW, and (iti)The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget (b) Except as otherwise provided in (a) of this subsection, all proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained However, after appropriate public participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court. (3)Each county that designates urban growth areas under RCW 36 70A.110 shall review, at least every ten years, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area. In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period The review required by this subsection may be combined with the review and evaluation required by RCW 36.70A.215. <<+(4) The department shall establish a schedule for counties and cities to take action to review and, if needed, revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of this chapter The schedule established by the department shall provide for the reviews and evaluations to be completed as follows.+>> <<+(a) On or before December 1, 2004, and every seven years thereafter, for Clallam, Clark, Jefferson, King,Kitsap,Pierce, Snohomish, Thurston, and Whatcom counties and the cities within those counties,+>> <<+(b) On or before December 1, 2005, and every seven years thereafter, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and Skamama counties and the cities within those counties;+>> <<+(c) On or before December 1, 2006, and every seven years thereafter, for Benton, Chelan, Douglas, Grant,Kittitas,Spokane,and Yakima counties and the cities within those counties, and+>> <<+(d) On or before December 1, 2007, and every seven years thereafter, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickttat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum,Walla Walla, and Whitman counties and the cities within those counties.+>> <<+(5)(a) Nothing in this section precludes a county or city from conducting the review and evaluation required by this section before the time limits established in subsection (4) of this section. Counties and cities may begin this process early and may be eligible for grants from the department, subject to available funding,if they elect to do so.+>> <<+(b) State agencies are encouraged to provide technical assistance to the counties and cities in the review of critical area ordinances, comprehensive plans,and development regulations.+>> <<+(6)A county or city subject to the time periods in subsection(4)(a) of this section that,pursuant to an ordinance adopted by the county or city establishing a schedule for periodic review of its comprehensive plan and development regulations, has conducted a review and evaluation of its comprehensive plan and development regulations and, on or after January 1, 2001, has taken action in response to that review and evaluation shall be deemed to have conducted the first review required by subsection(4)(a) of this section Subsequent review and evaluation by the county or city of its comprehensive plan and development regulations shall be conducted in accordance with the time periods established under subsection (4)(a) of this section+>> <<+(7) The requirements imposed on counties and cities under this section shall be considered "requirements of this chapter" under the terms of RCW 36.70A 040(1) Only those counties and cities in compliance with the schedules in this section shall have the requisite authority to receive grants, loans, pledges, or financial guarantees from those accounts established in RCW 43.155.050 and 70.146.030. Only those counties and cities in compliance with the schedules in this section shall receive preference for grants or loans subject to the provisions of RCW 43 17.250.+>> Approved April 2,2002. Effective June 13,2002. Kent City Council Meeting Date August 6, 2002 Category Consent Calendar 1. SUBJECT: KENT DOWNTOWN PUBLIC MARKET DEVELOPMENT AUTHORITY BOARD APPOINTMENT—CONFIRM 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment to the Kent Downtown Public Market Development Authority Board. 3. EXHIBITS• None 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: S SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H Kent City Council Meeting Date August 6, 2002 Category Bids 1. SUBJECT: PACIFIC HIGHWAY SOUTH HOV LANES 2002 STORM DRAINAGE IMPROVEMENTS 2. SUMMARY STATEMENT: The bid opening for this project was held on July 24th with ten bids received. The low bid was submitted by SCI Infrastructure, LLC in the amount of$1,524,546.84. The Engineer's estimate was $1,823,240.40. The Public Works Director recommends awarding this contract to SCI Infrastructure, LLC. 3. EXHIBITS: Memo from Public Works Director 4. RECOMMEN ED BY: (Committee, St ff, Examiner, Commission, etc.) 5. UNBUDGETED ISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE UIRED: $1,524,546.84 SOURCE OF FUND : R90614 7. CITY COUNCIL AC ON: Councilmember U4, moves, Councilmember A%co seconds that the Pacific Highway S. HOV Lanes — Storm Drainage Improvements (S. 272nd St. to S. 252nd St.) contract be awarded to SCI Infrastructure, LLC for the low bid amount of$1,524,546.84. DISCUSSION: ACTION: Council Agenda Item No. 8A COMMUNITY DEVELOPMENT Mike H. Martin, Deputy Chief Administrative Officer PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone 253-856-5500 Fax 253-856-6500 K E N T Address 220 Fourth Avenue S WASHINGTON Kent,WA 98032-5895 Date: August 6, 2002 To: Mayor& 'City Council From: Don Wickstrom, Public Works Director Subject: Pacific Highway South HOV Lanes—2002 Storm Drainage Improvements South 272nd Street to South 252nd Street Bid opening for this project was held on July 24th with ten bids received. The low bid was submitted by SCI Infrastructure, LLC in the amount of$1,524,546.84. The Engineer's estimate was $1,823,240.40. The Public Works Director recommends awarding this contract to SCI• Infrastructure. Bid Summary SCI Infrastructure, LLC $1,524,546.84 Archer Construction, Inc. $1,608,708.52 RCI Construction $1,701,774.50 Mid-Mountain Contractors Inc. $1,713,433.84 Tri-State Construction $1,746,914.38 R. W. Scott Construction Co. $1,785,030.06 Fury Construction Co. $1,818,383.70 Gary Merlino Construction Co., Inc. $1,861,263.64 Tucci & Sons, Inc. $2,081,364.24 IMCO General Construction, Inc. $2,092,365.62 Engineer's Estimate $1,823,240.40 MOTION: Councilmember moves, Councilmember seconds that the Pacific Highway South HOV Lanes — 2002 Storm Drainage Improvements — South 272nd Street to South 252nd Street contract be awarded to SCI Infrastructure, LLC for the low bid amount of $1,524,546.84. Pac Hwy Storm Drainage Kent City Council Meeting Date Auizust 6, 2002 Category Bids 1. SUBJECT: 2ND AVENUE EXTENSION 2. SUMMARY STATEMENT: The bid opening for this project was held on July 29th with two bids received. The low bid was submitted by R. W. Scott Construction Co. in the amount of$751,123.75. The Engineer's estimate was $634,906.21. The Public Works Director recommends awarding this contract to R. W. Scott Construction Co. 3. EXHIBITS: Memo fro Public Works Director 4. RECOMMENDED BY: (Committee, Staff, Exa ner, Commission, etc.) 5. UNBUDGETED FISC L/PERSONNEL IMPACT: NO YES 6. EXPENDITURE RE IRED: $751,123.75 SOURCE OF FUNDS: R20041 7. CITY COUNCIL AC, ION: CouncilmemberU;Q—moves, Councilmember seconds that the 2nd Avenue Extension—West Temperance Street to 4th Avenue North contract be awarded to R. W. Scott Construction Co. for the low bid amount of$751,123.75. �" Z ,b4� DISCUSSION: Vy- Sa "tR- ACTION: /u+"a,�-o-n w-(,-t &J Mew Council Agenda Item No. 8B COMMUNITY DEVELOPMENT Mike H. Martin, Deputy Chief Administrative Officer PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone 253-856-5500 Fax 253-856-6500 K E N T Address. 220 Fourth Avenue S W A S N I N G T O N Kent,WA 98032-5895 Date: August 6, 2002 To: Mayor& City Council From: Don Wickstrom,m�,^�P'Jublic Works Director Subject: 2nd Avenue Extension—West Temperance Street to 4th Avenue North Bid opening for this project was held on July 29th with two bids received. The low bid was submitted by R. W. Scott Construction Co. in the amount of $751,123.75. The Engineer's estimate was $634,906.21. The Public Works Director recommends awarding this contract to R. W. Scott Construction Co. Bid Summary R. W. Scott Construction Co. $751,123.75 Pivetta Bros. Construction, Inc. $971,913.72 Engineer's Estimate $634,906.21 MOTION: Councilmember moves, Councilmember seconds that the 2nd Avenue Extension—West of Temperance Street to 4th Avenue North contract be awarded to R. W. Scott Construction, Inc. for the low bid amount of$751,123.75. 2nd Ave Extension REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT td ML 614� B. OPERATIONS COMMITTEE Ctea 4 �a.a C a,.✓ ce.Q�-d C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS E. PLANNING COMMITTEE 1-7 3 rn F. PARKS COMMITTEE (A) Cd G. ADMINISTRATIVE REPORTS REPORTS FROM SPECIAL COMMITTEES CONTINUED COMMUNICATIONS A. EXECUTIVE SESSION