HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 07/01/2003 c✓
AGENDA
Aww
fit of Kent
City Cou#�i[ L*ieed, Agenda
r
July 1 , 2003
a�
Mayor Jim White
Councilmembers
rt Judy Woods, Council President
Tim Clark Julie Peterson
Connie Epperly Bruce White
Leona Orr Rico Yingling
KENT
WASHINGTON
City Clerk's Office
SUMMARY AGENDA
KENT CITY COUNCIL MEETING
•
KENT July 1, 2003
W 1 y N 1 H p T O H Council Chambers
7.00 P.M.
MAYOR Jim White COUNCILMEMBERS: Judy Woods, President
Tim Clark Conme 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. Proclamation—Group Workcamp Week
C. Proclamation—Pause to Remember our Korean War Veterans
D. Proclamation—Recreation Month
E. Presentation of Century 21 Donation
5 PUBLIC HEARINGS
A. S 259th PI Street Vacation—Notice of Cancellation
B. Sale of Surplus Utility Equipment,Resolution—Adopt 16 I
6 CONSENT CALENDAR
A Minutes—Approve
B Bills—Approve
C. Data Center Power Supply Unit Project—Authorize
D. Reappointment of Lodging Advisory Board Members—Approve
E Kent Lodging Association Budget—Approve
F Kent Downtown Public Market Development Authority, Transfer of Property, Set
Hearing Date—Authorize
G. Declare Listed Equipment and Materials as Surplus—Authorize
H. Restrictive Covenant Kent Highlands Landfill—Authorize
I. Partial Termination and Relinquishment of Wetland Easement and Reservation—
Authonze
J Zoning Code Amendment, Auto Repair as Home Occupation,Extension of
Amortization Period, Ordinance—Adopt 364N°
K. Zoning Code Amendment, Auto Repair and Washing Services in M-3 Zoning
District, Ordinance—Adopt 3 vLO
L. Zomng Code Amendment,Neighborhood Convenience Commercial District,
Ordinance—Adopt alp 0
M Bill of Sale, Gagliardi Sewer Extension—Accept
(continued next page)
SUMMARY AGENDA CONTINUED
7. OTHER BUSINESS
A Tahoma Vista Rezone#RZ-2002-5—Approve
B Boeing Resolution—Adopt J UTti
8. BIDS
None
9. REPORTS FROM STANDING COMMITTEES AND STAFF
10. REPORTS FROM SPECIAL COMMITTEES
11 CONTINUED COMMUNICATIONS
12 EXECUTIVE SESSION v' C? U -JD
A. d Acquisitj n
13. ACTION AFTER EXECUTIVE SESSION
14. 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.
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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) PROCLAMATION-GROUP WORKCAMP WEEK
C) PROCLAMATION-PAUSE TO REMEMBER OUR KOREAN WAR
VETERANS
D) PROCLAMATION-RECREATION MONTH
E) PRESENTATION OF CENTURY 21 DONATION
Kent City Council Meeting
Date July 1. 2003
Category Public Hearings
1 SUBJECT: S. 259TH PL. STREET VACATION—NOTICE OF
CANCELLATION
2. SUMMARY STATEMENT: Resolution No. 1639 established July 1, 2003, as the
public hearing date for the application by Ms. Phyllis M. Dettler,to vacate a portion of
South 259`h Place. Because Ms. Dettler rescinded her application on June 9, 2003, there
will be no public hearing or further Council action on this issue.
3. EXHIBITS: None
4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REOU.1 +�D: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
A. Councilmember moves, Councilmember seconds
to close the public hearing.
B. Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 5A
Kent City Council Meeting
Date July 1. 2003
Category Public Hearings
1. SUBJECT: SALE OF SURPLUS UTILITY EQUIPMENT, RESOLUTION—
ADOPT
2. SUMMARY STATEMENT: The City owns certain public utility equipment that
the Public Works Director has determined is no longer needed as part of the City's
water system. State law requires that the City hold a public hearing to receive public
comment before determining whether this public utility equipment is surplus to the
City's needs and should be sold by public bid. In the event these items are not sold at
auction, they will then be sold for scrap metal.
3. EXHIBITS: Resolution
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
A. Councilmember moves, Councilmember seconds
to close the public hearing.
B. Councilmember Y46ves, Councilmember seconds
to adopt Resolution,No, 1647 which declares certain public utility equipment surplus
and authorizes its sale to the highest bidder at public bid, or if, the equipment is not sold
at auction, to be sold for scrap metal.
DISCUSSION:
ACTION: e'
Council Agenda
Item No. 5B
RESOLUTION NO.
A RESOLUTION of the city council of the city of
Kent, Washington, determining that certain public utility
equipment is surplus to the city's needs, providing for the
sale thereof, stating the consideration to be paid for the
equipment, and authorizing the director of public works to
enter into a sales agreement with the highest bidder
WHEREAS, the city of Kent ("City") has in its possession certain
equipment, described in Exhibit A attached and incorporated by this reference, which is
no longer actively in use as part of the City's public utility system, and
WHEREAS, the director of public works has determined that the City no
longer has any use or need for that equipment, and
WHEREAS, the city council held a public hearing on Tuesday, July I,
2003, at a regularly scheduled city council meeting and invited comments regarding the
City's intention to surplus the equipment; and
WHEREAS, RCW 35 94 040 requires that the City determine, after a
public hearing and by resolution of the city council that equipment originally acquired for
public utility purposes is surplus to the City's needs and should be leased, sold or
conveyed, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS
i Surplus Property—
Water System Utrhty Equipment
SECTION I. - Recitals Incorporated The foregoing recitals are
incorporated and fully made a part of this resolution
SECTION 2. — Equipment Deemed Surplus. The utility equipment
described in the attached and incorporated Exhibit A, which was originally acquired for
public utility purposes, is now surplus to the City's needs and is not required for
providing continued public utility service
SECTION 3 —Public's Best Interest It is in the public's best interest that
this surplus equipment shall sold by bid to the highest bidder. In the event the equipment
is not sold at the auction, it will be sold for scrap metal.
SECTION 4. — Consideration to be Paid The consideration to be paid for
the surplus property shall be in U S. dollars in the form of cash or cashier's check
SECTION 5. — Authority of Public Works Director The Director of
Public Works is authorized to enter into an agreement with the highest bidder to effect the
sale of the surplus property
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 July, 2003
CONCURRED in by the mayor of the city of Kent this day of July,
2003.
JIM WHITE, MAYOR
2 Surplus Property—
Water System Utility Equipment
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 July,
2003
BRENDA JACOBER,CITY CLERK
3 Surplus Property—
Water System Utility Equipment
EXHIBIT "A"
1. Del Webb Wastewater Pump Station pumps and electrical connections - serial
nos 871052 and 871053. This pump station is site specific and cannot be used
elsewhere and, due to its age, the pump station does not have all the hardware
equipped on our current pump stations.
2. Meadow Hills Wastewater Pump Station pumps and electrical connections - serial
nos. 79LL55 and 79LL56. This pump station is site specific and cannot be used
elsewhere and, due to its age, the pump station does not have all the hardware
equipped on our current pump stations
3 Seven Oaks Wastewater Pump Station pumps and electrical connections-senal
nos 33161 and 32137 This pump station is site specific and cannot be used
elsewhere and, due to its age, the pump station does not have all the hardware
equipped on our current pump stations
4 Soosette Wastewater Pump Station and electrical connections - serial nos 910570
and 910571
5 Water Meters - 18""Water Specialties"propeller type
6. PLC Equipment - This equipment is either out of date (15 years plus), can no
longer be used as spare parts, or has been replaced and is no longer needed
• Two (2) TI 530-1104 Processors, serial nos. 53PB8509000166 and
53PB8507000176
• Two (2) 500-2103 TI Expansion Mods, serial nos 50D840700015 and
50LC840600029.
• Five(5) 500-5021 Output Sim Mods
• Three (3) 500-5020 Output Sims Mods
• Four (4) 510 TI Processors, serial nos. 81071179, 83080366, 83110182,
and 81090827
• One(1) 500-5828 16 Mod 1/0 Base, serial no 50813840500176
• One(1) 510-7105 Interface Mod, serial no. IOAV840800012
• 510 Simulator P/N 2460221-001
• 510 User Manual.
• Two(2) 510-2101 UO Mod, serial nos 83080028 and 83080047
• Dual Comm Mod, serial no 50DP8704000288
• VPU200 serial nos. 20VB8507000407 and 20VB831202084.
• Box Siemens TI Manuals
• Motorola MTU Units Model # CI565A, serial nos 403SHWI064 and
403SHW 1065
7 Miscellaneous Items- This equipment is either out of date (15 years plus), can no
longer be used as spare parts, or has been replaced and is no longer needed.
• Westinghouse VFD Processor Card
4 Surplus Property—
Water System Utility Equipment
EXHIBIT"A"
• Box Miscellaneous Gauges (12)
• Aurora booster Pump 230/460 3h p
• U S Electric Motor 230/460 1.5h.p
• Sta-Rite Booster Pump 115/230 1 5h p
• Box Pressure Transmitters (4) 2 Taylor's#3432TF 2 Rosemont#1020
• Box Magnetic Recorders
• Box Miscellaneous Elect Fittings
• NEMA3R Control Box w/Display
• NEMA3R Control Box w/ Control relays
• Box Miscellaneous Modems and phone control equip
• Motorola M.R.T.0 Rack
• Box Miscellaneous Control Transformers
• Box Miscellaneous Pump bearings and thrust washers
• Box Miscellaneous CGC Manuals
• Box Miscellaneous Act-Pak Meter Equip
• LaMarche Battery Charger 120vac/10-24vdc@10amps S/N22593
• 12" Exhaust Vent
• Box Miscellaneous Motorola Intrac Hardware
• Intrac Yagi Antennas
• Box Miscellaneous Micro-Switches
• Box Miscellaneous Pump Oilers
• Box Miscellaneous Reed Switches
8 1988 - Anens 911014 Mower, serial no 13846 This mower has been replaced.
9 1978-Gorman 5482-17 3" Pump, senal no. 652783 This pump has been
replaced.
10 1969-Stanley Hydraulic Power Unit 7-9 GPM Model # CR22, serial no 6066
11 1969-Stanley Hydraulic Chain Saw Model # CS23, serial no 5390
5 Surplus Property—
Water System Utility Equipment
CONSENT CALENDAR
6. City Council Action: /p
Councilmember_ Y moves, Councilmem d ber eaAlkl—
seconds to approve Consent Calendar Items A throughX. At
Discussion
Action
6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of June 17, 2003.
6B. Approval of Bills.
Approval of payment of the bills received through June 15 and paid on June 17 after
auditing by the Operations Committee on June 17, 2003.
Approval of checks issued for vouchers:
Date Check Numbers Amount
6/17/03 Wire Transfers 1440-1449 $1,139,995.38
6/17/03 Prepays & 549411 259,334.30
6/17/03 Regular 550073 1,220,508.43
$2,619,838.11
Approval of checks issued for Ramoll for May 16 through May 31 and paid on June 5,
2003:
Date Check Numbers Amount
5/28/03 Interim Check 270527 $ 146.98
6/5/03 Checks 270528-270835 245,788.21
6/5/03 Advices 148665-149347 1,186,856.42
$1,432,791.61
Council Agenda
Item No. 6 A-B
K EN T Kent City Council Meeting
W•"".°T°X June 17, 2003
The regular meeting of the Kent City Council was called to order at 7 00 p.m by Mayor Pro
Tem Woods Councilmembers present: Clark, Epperly, Orr, White, Woods and Yingling
Councilmember Peterson was excused from the meeting Approximately 25 people were in
attendance
CHANGES TO AGENDA
A From Council (CFN-198) Continued Communications Item A and Consent Calendar Item
O were added by Council members
B From the Public. (CFN-198,104&122) Tax increase and Police correspondence were added
by members of the audience
PUBLIC COMMUNICATIONS
A. Report on Fundine for Domestic Violence Advocate. (CFN-198,186&122) City Attorney
Brubaker reported that the domestic violence advocacy position has been returned to the 2003
budget using grant funds and other sources He added that the program will have to be
restructured
B. Introduction of Exchanee Student. (CFN-198) Tricia Yingling introduced Mayo Iko, an
exchange student from Japan, and explained the program
PUBLIC HEARING
A S.E.278th St. Street Vacation. (CFN-102) Mayor Pro Tem Woods noted that this date has
been set for the public hearing on the application by Ms. Cherie Lang to vacate a portion of SE
278th Street Planning Manager Charlene Anderson noted that the conditions recommended by
staff are not unusual and that the applicant is satisfied with them She added that the applicant
has some concerns about the cost of the project, but wants to proceed. Woods opened the public
hearing There were no comments from the audience and ORR MOVED to close the public
hearing Clark seconded and the motion carried ORR MOVED to approve the staff's recom-
mendation of approval with conditions of the application to vacate portions of S E 278th Street as
referenced in Resolution No. 1638 and to direct the City Attorney to prepare the necessary
ordinance upon compliance with the conditions of approval. Clark seconded and the motion
carved
CONSENT CALENDAR
ORR MOVED to approve Consent Calendar Items A through O Clark seconded and the motion
carried
A Approval of Minutes. (CFN-198) The minutes of the regular meeting of June 3,2003, were
approved.
B. Approval of Bills. (CFN-104) Payment of the bills received through May 30 and paid on
May 30 after auditing by the Operations Committee on June 3, 2003
1
Kent City Council Minutes June 17, 2003
Approval of checks issued for vouchers:
Date Check Numbers Amount
5/30/03 Wire 1430-1439 $1,077,979 48
5/30/03 Prepays & 548897 259,012 72
5/30/03 Regular 549410 1,807,687 06
$3,144,679 26
C. Local Improvement District(LID) 355, SE 216th and 104th Place SE Sanitary Sewers.
(CFN-1279) As recommended by the Public Works Committee, Resolution No 1645 was
adopted setting July 15, 2003 as the hearing date on Local Improvement District 355 ("LID") for
the public to comment on or object to the LID
D Bill of Sale, Kentview-Riverview Boulevard. (CFN-484) As recommended by the Public
Works Director, the Bill of Sale for Kentview, LLC Riverview Blvd (42nd Ave S ) STA 47+00 to
57+00 submitted by Gary Shambroich was accepted
E Bill of Sale, 37th Place S. &40th Avenue S. (CFN-484) As recommended by the Public
Works Director, the Bill of Sale for Kentview LLC —37th Place S. and 40th Ave South submitted
by Gary Shambroich was accepted.
F. Bill of Sale, Kentview-Riverview Boulevard. (CFN-484) As recommended by the Public
Works Director, the Bill of Sale for the Kentview, LLC —Riverview Blvd (42nd Ave. S.) STA
18+23 to 47+00 submitted by Gary Shambroich was accepted
G. Vine County Basic Life Support Services Contract Renewal. (CFN-122) The Mayor was
authorized to sign the contract with Seattle-King County Department of Public Health/Emergency
Medical Services Division which will allow the City to receive funds as per the EMS Levy The
amount to be received for year 2003 is $728,557
H. Purchase of Aid Vehicle. (CFN-122) The Mayor was authorized to sign the contract with
H&W Emergency Vehicles for the purchase of one (1) medium duty aid vehicle
I. Premera Blue Cross Administrative Aereement Renewal. (CFN-147) The Mayor was
authorized to sign the administrative contract with Premera Blue Cross effective January 1, 2003
through December 31, 2003 The 2003 administrative rate reflects an approximate 18%increase
in the administrative fees charged by Premera and is budgeted in the health and welfare fund
J. Fortis Lone Term Disability Contract. (CFN-147) The Mayor was authorized to sign the
Fortis long-term disability contract beginning July 1, 2003, subject to approval of the City
Attorney, to execute the binder check in the amount of$15,000 and to make subsequent
disbursements consistent with the 2003 budget
K. 2004 Western States Arts Federation Grants. (CFN-118) As recommended by the Parks
Committee, two Western States Arts Federation (WESTAF) "Tour West" grants totaling
$3,500.00 were accepted and the Kent Arts Commission budget was amended. is
2
Kent City Council Minutes June 17, 2003
L. Cultural Development Authority Grant of King County. (CFN-118) As recommended by
the Parks Committee, $10,080 00 in funding from the Cultural Development Authority of King
County was accepted for the 2003 Sustained Support program and the Kent Arts Commission
budget was amended
M. Way Back Inn Foundation Rental Agreement Renewal. (CFN-873) As recommended by
the Parks Committee, the Mayor was authorized to enter into agreements with The Way Back Inn
Foundation for the Campus Park House for an interim lease agreement from July 9 -August 31,
2003 and a five year lease from July 9 - August 31, 2008
N. Agreement with Voicestream for Cell Tower at Riverbend Driving Range. (CFN-118)
As recommended by the Parks Committee, the Mayor was authorized to enter into an agreement
with Voicestream PCS III Corporation to lease a portion of the Riverbend Golf Complex Driving
Range to construct and maintain communication antennas and equipment
O. Excused Absence (CFN-198) Councilmember Julie Peterson was excused from tonight's
meeting
OTHER BUSINESS
A. Comprehensive Plan Amendment,Impoundment Reservoir. (CFN-377) Mayor Pro
Tern Woods stated that the City no longer needs the Impoundment Reservoir property and that the
proposed resolution declares an emergency to pursue an amendment to the Kent Comprehensive
Plan ORR MOVED to approve the Planning Committee's recommendation to adopt Resolution
No 1646 declaring an emergency to pursue an amendment to the Comprehensive Plan and zoning
map in order to establish initial land use and zoning designations for the impoundment reservoir
property Clark seconded and the motion carried
B Kent Station Appeal,Closed Record Hearing SU-2002-9/KIVA#RPP3-2023555.
(CFN-1277) Mike Walter of Keating, Bucklin and McCormack stated that this is a closed record
appeal brought by Mr Shaffer, Kent C A R.E S and NW Alliance, over the Hearing Examiner's
approval of the preliminary plat for the Kent Station development He noted that this is also a
quasi-judicial hearing and explained the City of Kent currently owns the Kent station property that
is the subject of this appeal, and as a result, the City Council is adjudicating the rights of the
parties to this appeal and, at the same time, represents the city that owns and may, in the future,
sell this property to the applicant He said he is making this disclosure of a potential conflict of
interest because an issue arises as to whether the City Council could be disqualified under the
State Appearance of Fairness doctrine. He said that because disqualification would result in a lack
of a quorum on this matter, the "rule of necessity"permits all Council members to fully participate
and vote in these proceedings
Walter stated that Mr. Shaffer and Kent C A R E S have submitted a number of documents
indicating that they believe they were not timely served with certain documents from Kent Station
LLC and the City of Kent, and would therefore not receive a fair hearing He distributed copies of
a letter dated June 17, 2003, from Mr. Shaffer on behalf of Kent C.A R E.S addressed to Kent
Station LLC and the City of Kent with an attached letter Shaffer had written to Walter at his office
address Walter noted that the document was not received by delivery or fax by 5 45 p in when
he left to attend this meeting. ORR MOVED to make the commumcation from Mr. Shaffer part of
the public record. Epperly seconded and the motion carried
3
Kent City Council Minutes June 17, 2003
Woods stated that it has come to her attention that the appellants are objecting to service of
documents submitted by the city and the applicant which the appellants claim were served on
them after the deadline. She said in order to avoid any claims that any party was denied an
adequate amount of time to prepare for this appeal, it is in the best interest of all parties to
continue the closed record appeal hearing on this matter until the July 15`h Council meeting
WOODS MOVED 1) that the closed-record appeal hearing on this matter be continued to
Tuesday, July 15, 2003 at 7 00 p in., 2) that the record in this closed-record appeal is hereby
closed, and that no new or additional evidence, documents or motions of any kind from any of the
parties to the appeal will be considered by the City Council at the continued hearing; 3) that the
City Council hear argument and rule on the admissibility of any documents submitted as
"supplemental"evidence or"new information"by any party at the July 15 re-scheduled hearing;
and 4) that Michael Walter, the attorney hired by the City to advise the City Council on this
matter,be directed to send a letter to the parties to this appeal confirming the new hearing date,
confirming that no new or additional documents, evidence or motions from any of the parties will
be considered, and confirming that the City Council will decide the admissibility of"new
information"or"supplemental evidence"at the July 15, 2003 closed record appeal hearing Orr
seconded and the motion carved
BIDS
A. 111th Avenue SE Sidewalk Improvements. (CFN-1038) The bid opening for this project
was held on June 6th with five bids received The Engineer's estimate was $72,925 33 The low
bid was submitted by Archer Construction, Inc in the amount of$60,888 88, and the Public
Works Director recommends awarding this contract to them. CLARK SO MOVED Yingling
seconded and the motion carved
CONTINUED COMMUNICATIONS
A. Tax Increase. (CFN-198&104) Bob O'Brien, 1131 Seattle Street, suggested that all City
employees give up their cost of living increase next year
B. Police Correspondence. (CFN-122)Peter Serletn, distributed copies of his resume and a
letter to Police Chief Crawford which has not been answered He explained that the issue is
speeding, Chief Crawford stated that he has drafted a letter in response, and Woods suggested that
Serletti and Chief Crawford talk after the meeting
ADJOURNMENT
At 7.42 p.m ,EPPER/L'Y�MOVED to adjourn Yingling seconded and the motion carved.
Brenda Jacober, CMC
City Clerk
0
4
Kent City Council Meeting
Date July 1, 2003
Category Consent Calendar
1. SUBJECT: DATA CENTER POWER SUPPLY UNIT PROJECT—AUTHORIZE
2. SUMMARY STATEMENT: Authorization for the Mayor to sign purchase orders
for purchase and installation of additional power supply units for the data center using
contingency funds from Technology Plan 2002.
City computers and phone systems rely on an uninterruptible power supply(UPS) unit
to provide "clean"power and battery power for smooth operations. The current UPS
unit is at capacity, and we cannot add additional equipment in the data center unless
UPS capacity is increased.
This project includes the design, purchase, and installation of an additional UPS unit,
and moving the existing UPS unit from the data center to a newly constructed area in
the City Hall vault.
3. EXHIBITS: Staff summary memo, design estimate, UPS purchase estimate, and
construction estimates
4. RECOMMENDED By:. perations Committee (3-0)
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REOUMED: $109,500
SOURCE OF FUNDS: Technology Plan 2002—Contingency Funds
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6C
INFORMATION TECHNOLOGY
Marty Mulholland, Director
Phone 253-856-4600
Fax 253-856-4700
KEN T Address 220 Fourth Avenue S
W A S N 1 N O T O N Kent,WA 98032-5895
DATE: June 17, 2003
TO: Kent City Council Operations Committee
FROM: Marty Mulholland, Information Technology Director
Charlie Lindsey, Facilities Superintendent
THROUGH: Mayor Jim White
SUBJECT: Purchase and installation of Power Supply Unit for Data Center
SUMMARY: City computers and phone systems rely on an uninterruptible power supply(UPS)
unit to provide"clean"power and battery power for smooth operations Our current UPS unit is at
capacity, and we cannot add additional equipment in the data center unless UPS capacity is
increased. This project includes the design,purchase, and installation of an additional UPS unit.
This project also involves moving the existing UPS unit from the data center to a newly
constructed area in the City Hall vault to contain both units.
This project was not foreseen when Technology Plan 2002 was created As part of Technology
Plan 2002,contingency monies were identified to support unforeseen projects We recommend
using approximately $109,500 of Technology Plan funds to pay for this project
BUDGET IMPACT: Technology Plan 2002 contingency funds— estimate $109,500
MOTION: I move to recommend that Council authorize the Mayor to sign purchase orders for
purchase and installation of additional power supply units for the data center using contingency
funds from Technology Plan 2002
BACKGROUND
The UPS is a necessary component of data center operations The purpose of this project is to
increase UPS capacity sufficient to last for 5— 10 years.
Information Technology staff and Facilities staff have been working together to identify the best
plan for providing additional UPS capacity The key project components, including budget
impacts, are as follows
Project Component Budget Estimate
Electrical and Mechanical design—estimate attached $12,000
Purchase,delivery, and storage of UPS—estimate attached $40,000
Construction/Installation of 2 UPS, Air Conditioning $50,000
uchase, vault improvements, move of existing UPS
Project Contingency $7,500
Total—Project Estimate $109,500
Kent Council Operations Committee 1 Data Center Power Supply Improvements
June 17,2003
Please know that expanding our UPS capacity is important to a number of Technology Plan
projects, including the Police system project. We are not able to install additional equipment
in the data center until we expand UPS capacity.
Our project approach has some added benefits, including increased floor space and air
conditioning capacity in the data center.
Estimates have been obtained for design and UPS costs. The installation and construction
portion of the project will be bid out shortly. Each project component will likely involve a
different vendor or contractor.
Attachments:
Design Estimate—Engineering Economics, Inc.
UPS Purchase Estimate— Campbell Company
Constructton/Installation/Move/Air conditioning estimates—bids will be distributed shortly
Kent Council Operations Committee 2 Data Center Power Supply Improvements
June 17,2003
MAY.a.2003 1:53PM EEI SEATTLE N0.014 P.2
• • s�
Engineering Economics Inc
63 South Wo SbwL Sutte 610
Safte,MWNngton W04
waww-206 622lam
hcee6i :2D66II 57i7
May 20,2003
Mrke Fixtrup
City omcnt
Parks,Recreation and Community Services
400 W Gowe Street
Kent,WA 93032
Re: UPS for Data Center—Kent City Hall Building
Engineering Services Proposal
EEI Project No.: 03.303243
Dear Mike:
Per our discussions,we are pleased to submit our proposal for the abovo-meauoned project
L PROJECT SCOPE OF WORK AND ASSUMPTIONS
A. Scope of Work
Prepare plans and Specs for small works project by a single prime contractor to
compkte the following
1. Relocate existing UPS downstairs in vault (30 KVA)
2. Purchase and install new bkt sized UPS in vault. (30 KVA)
3. Purchase and install new fan coif unit,sized for cooling both.UM in vault
4. Install new condenser unit outside next to existing on gravel and expand
fence.
5. Build new room in vault to hause UPSs. (City of Kent facOies mahmance
c mw to eras two new walls and door based on equipment layout)
6. Installation of UPS to be pbased so as to avoid downtime.
B. Project Assumptions
hrcblde the following:
1. Attend one owner desiga review meeting.
2. Provide a site visit to verify existing issues and conditions on site.
3. Provide specifications and drawings for the project mwnal. Ow= will
provide contract and bidding requirements, which will be included in the
project manual
4. Submittals will include 950A submittals and IDD%submittal
I wi.C.U.CW" 1•J4r19 CCl 7tMI ILt .v....� . ...
Mime]lass np
UPS for Data Center-Kent City Sall Building
May 20,2003
Page I cf 3
5. UPS equipment will be specified and purchased by the City.
6. Power will be derived from existing switchboard and panel boards (to be
verified during design).
7. Branch circuit wiring design beyond the distribution panel board to computer
mom end use equipment will be by owner.
II. ADDITIONAL SERVICES
These services shall only be provided if authorized or confirmed in wrinng by Owner.
A. Changes in the project scope that are not caused by errors or omissions on the part of
Engineering Economics Inc(EEI)will be billed on a time and expense basis.
B. Providmg design services for modifications or unprovements of existing systems
outnde the scope of ibis project
C. Modifications or changes during construction document phaso, which are ineoawstmt
with approvals or instruction originally given.
D. Attending meetings or site visits not defined under basic services, including prebid
and pre-construction meetings.
E. Thirty day demand readings on electrical distribution panels.
F. Value engineering services after completion of construction documents.
G. As built record drawings.
IIL FEE
EEI proposes to provide the labor included in ibis proposal as follows:
Electrical Design for UPS $7,320.00
Mechanical Design for Split System AC Unit $3,950.00
Printing/Reprograpbics/Misc. Expenses S500.00
Brlhng will be rendered monthly and there will be a brealmut provided of the above fees and
expenses earned.
A. Basic services earned(%complete or hours).
B. Additional services - explanation of additional services and horns inctared x billing
rate.
C. Expenses showing total expense budget, expenses incurred, and remaining budgeted
ro mh*MW M-rmmums*bromcMrWMWWP"""&4" ER& Sed46EeamardaIse
Mike Es"
UPS for fat:Center-Kent city Hal Building
May 20,2003
Yage 3 of 3
W. TERMS AND CONDMONS
This letter will be an attachment to the final agreement, which will reference the scope of
work described herein.
Thank you for giving us this opportunity to provide our services. If you have any questions please do
not hentate to call.
Sincerely,
Engineering Economics Inc
Jeff Nichols,P.E.
JDN/dad
gnawrwr..w 43-9morsuont1b,AMCAWOAWwwwaaom,kAW EngincmngEc000micelac
Ub/UW/UJ 10:U4 1'AA 2067636700 JOHN DONOVAN-CA"BELL CO 9 001
Campbell Company Fax
•
To. Chris Beagle From: John Donovan
Co.: City of Kent Campbell Company Inc.
Y 575 South Michigan Street
Seattle, WA 98108-3316
Phone: 253-856-4612
Phone: (206) 763-5000
Fax. 253-856-4700 Fax (206) 763-6700
Internet. idonovan@carnpbell-co cam
Date: May 9,2003
Pages, including cover sheet. 4
Subject: Quote for UPS Upgrade
Chris,
Here is the revised quote. Dennis Fleck (the Campbell engineer who works 0
with Jeff Nichols at EEI) revised the UPS to reflect the voltage change and
also added seismic bracing. There is a slight price increase for this change.
I am also including a copy of Jeffs sketch which shows the new external
panelboards which will be installed and furnished by your electrical contractor.
I think we have everything covered. Please give me a call and we can
discuss.
Thank you for this opportunity!
{ 0
Visit our website at www.camnbell-co.com for
additional information regarding the products we sell.
OS/08/03 1U:04 PAl dUb10en1Uu
Campbell ch,gaQ
575 South Mi Stceet•Snttla,WA 98108-3316
_ Company WwW- W FAX 20063-6700
, . coop 1. 7 . 1
TO: Chris Beagle QUOTE NO.: 2003.0505.04E
City of Kent
JOB: City of Kent
PH: 253-856-4612 LOCATION: Kent,WA
Fax: 253-8564700 DATE: May 9,2003
Campbell Company Inc.,on the behalf of Liebert Corporation,is pleased to quote on equipment as
follows:
30 kVA UPS
One(1) each LIEBERT"NPOWER" UNINTERRUPTIBLE POWER SUPPLY SYSTEM
Requires a 60 Amp 480/3H service
Rating: 30 WA
Backup time: 28 minutes at 30 WA
Voltage: 480/3/60 in, 208Y/120 out
UPS Model: 32"W x 33"D x 71"H, 2200#
. Battery: 25"W x 33"D x 71"H, 2300#
Each system will include the following components:
UPS ENCLOSURE with:
Terminals for AC input 3w+G
Critical bus output(4w+G)
Input transient suppression
Phase controlled rectifierlbattery charger
IGBT based transistorized PWM inverter, on-line
• Automatic bypass with static switch
• Internal maintenance bypass switch (manual)
Battery reliability testing
Microprocessor-based monitoring and control panel
Casters, leveling feet
10%input harmonic filter
RS 232 Interface
SNMP
Programable relay board
Seismic Brackets `
BATTERY CABINET with:
Stand alone configuration
Circuit Breaker to isolate batteries during maintenance
Sealed, "valve-regulated" batteries
Casters,leveling feet , r
Battery case material is flame retardant and UL-listed for computer room operation
Seismic Brackets I
�1 1
P8ge QUOTATIONS ARE SUBJECT TO ACCEPTANCE BY OUR MANUFACTURERS AND
I �f TO TERMS AND CONDITIONS OF SALE STATED ON THE BACK OF THIS SHEET.
UP/Dyi UJ IU:Ub !'Ai zub7tiJb7UU JOBN DONOYAN-CAUBELL CO 19003
Campbell 575 South 1r>;�street•Seattle,WA 98108-3316
yn�s� >Axma,TraaTm
Compan
I .A . . , 14 A t 1A
DATE: May 9, 2003 QUOTE NO.: 2003.0505.04E
NO SLIM LINE DISTRIBUTION CABINET:
CHECK,TEST& STARTUP
CT&S by a Liebert customer engineer,plus one-year parts &labor warranty,
all travel,etc. included
7/24 EMERGENCY SERVICE for the first year
PREVENTATIVE MAINTENANCE
One preventative maintenance during the first year(performed during normal working hours)
TOTAL NET PRICE.................................S34,064.00
ADD FOR TVSS..........................................S1,278.00
ADD FOR 53 MINUTES OF BACKUP.....$1,820.00
09MOn21 PDU-30 WA
• Change UPS to 480 in/out
• Bottom Exit PDU
• Includes one 42 breaker panelboard for GE plug-in breakers(breakers not included)
Raised floor seismic stand
PRICE FOR PDU ADD................................S7,740.00
NOTES.
1. Freight is included FOB Jobsite Receiving, offloading, and setting in place by others, but can be
quoted upon request
2. In the event this quotation results in an order,please make the purchase order out to Liebert
Corporation c/o Campbell Company.
3. Pricing is valid for 30 days from the date of this quote.
4. Installation is not included.
TERMS: Net 30 Days Thank you for this opportunity to
DELIVERY: Shipment from factory 4-6weeks ARO. be of service.
Allow I week in transit
` Submitted by:
CAMPB C MPANY,INC.
Donovan 1�
Page QUOTATIONS ARE SUBJECT TO ACCEPTANCE SY OUR MANUFACTURERS AND
--
-- -- -- • ._ -_•- — - +.T[n�a TM-AAP nl THIS SHEET
05/22/03 08.28 FAX 2067636700 JOHN DONOVAN-CAMPBELL GO �Vvu
rfH Campbell 575 South Muh%an Stmet• Seattle,WA 96108-3316
416%6N Company 2D6pvzo00 FAx266/763.nm
i • curer •r
TO: Chris Beagle QUOTE NO.: 2003.0520.o4ERIw
City of Kent '� x
JOB: City of Kent
PH: 253-856-4612 LOCATION: Kent, WA o
Fax: 253-856-4700 DATE: May 21,2003
Campbell Company Inc., on the behalf of Liebert Corporation, is pleased to quote
equipment as follows:
Restart eldsting UPS
Add side panel
1. Check Test and restart existing Liebert UPS after relocation to new space.
2. Add side panel to existing Liebert UPS to replace the S1imLine.
3. Convert existing unit to 480 Volts from 208 volts.
TOTAL NET PRICE.d.......................... $1,230.00
NOTES:
1. Freight is included. FOB Jobsite Receiving, offloading, and setting in place by others, but can
be quoted upon request. • ,t
2. In the event this quotation results in an ordp;.please make the purchase order out to
Campbell Company.
3. Pricing is valid for 30 days from the date of this quote.
4 Installation of the side panel is included. Removal of the SlimLine is not included.
TERMS: Net 30 Days Thank you for this opportunity to
DELIVERY: Shipment from factory 34 weeks ARO. be of service.
Allow 1 week in transit.
Submitted by.
gAWBELL COMPANY,INC.
J Donovan
Page QUOTATIONS ARE SUBJECT TO ACCEPTANCE 3Y,0UR MANUFACTURERS AND
1 Of I TO TERMS AND CONDITIONS OF SALE STATED ON THE BACK OF THIS SHEET.
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• Kent City Council Meeting
Date July 1, 2003
Category Consent Calendar
1. SUBJECT: RE-APPOINTMENT OF LODGING ADVISORY BOARD
MEMBERS—APPROVE
2. SUMMARY STATEMENT: As recommended by the Operations Committee,
approve the re-appointment of Kathy Madison and Andy Wangstad for additional three
(3) year terms on the Lodging Tax Advisory Board. Ms. Madison is General Manaer of
the Best Western Plaza on the Green, and Mr. Wangstad is the owner of Sir Speedy.
3. EXHIBITS: None
® 4. RECOMMENDED BY: Onerations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES_
6. EXPENDITURE REOUIRED: $
SOURCE OF FUNDS
7. CITY COUNCIL ACTION:
Councilmember moves, Councihnember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6D
Kent City Council Meeting
Date July 1, 2003
Category Consent Calendar
1. SUBJECT: KENT LODGING ASSOCIATION BUDGET—APPROVE
2. $UMJARY STATEMENT: As recommended by the Operations Committee,
approve an amendment of the Kent Lodging Association budget, which extends the
contract through the end of 2003. The amendment adds $14,120 to the budget for a
total amount of$53,910. The original contract was for$39,790 for January through
June 2003.
3. EXHIBITS: Contract amendment (change order) and the budget/scope of work
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REOUIRED: $14,120
SOURCE OF FUNDS: Anticipated lodging tax revenue through the end of 2003
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6E
KENT
CHANGE ORDER NO. #1
NAME OF CONTRACTOR, CONSULTANT, OR VENDOR [Kent Chamber of Commerce] ("Contractor")
CONTRACT NAME &PROJECT NUMBER-Went Lodeine Association Budeetl
ORIGINAL CONTRACT DATE:1January 9, 20031
This Change Order amends the above-refrained contract; all other provisions of the contract that are not
inconsistent with this Change Order shall remain in effect. For valuable consideration and by mutual consent of
the parties, the project contract is modified as follows:
1. Section I of the Agreement, entitled "Description of Work," is hereby modified as follows-
Provide all labor,materials, and equipment necessary to
Staffing of the Kent Lodging Association and its Board through the end of
2003, including web site hosting and advertising in the Washington State
Visitors Guide.
2. The contract amount and time for performance provisions of Section II "Compensation," and
Section III, "Time for Completion,"are hereby modified as follows
Original Contract Sum, $39,790
including applicable alternates and WSST
Net Change by Previous Change Orders $
(incl applicable WSST)
Current Contract Amount $39,790
(ind Previous Change Orders)
Current Change Order $14,120
Applicable WSST Tax on this Change Order $
Revised Contract Sum $53,910
Original Time for Completion January 1, 2003 through June 30,
(insert date) 2003
Days Required t for this Change Order Through end of calendar year 2003
Revised Time for Completion December 31, 2003
(insert date)
Pursuant to Section II, entitled "Payment," of the Contract executed by the parties, the Contractor
accepts all requirements of this Change Order by signing below. Payment of funds for the change order shall
be as follows: $9,120 upon execution of this Change Order, and $5,000 upon completion of the contract,
as set forth in Exhibit "A" of this Change Order, and following submittal of a final report on or before
December 31, 2003. Also, pursuant to the above-referenced contract, Contractor agrees to waive any protest It
may have regarding this Change Order and acknowledges and accepts that this Change Order constitutes final
settlement of all claims of any kind or nature arising from or connected with any work either covered or
affected by this Change Order, including, without limitation, claims related to contract time, contrac
acceleration, onsite or home office overhead, or lost profits.
The parties whose names appear below swear under penalty of perjury that they are authorized to enter
into this contract modification, which is binding on the parties of this contract
3. The Contractor will adjust the amount of its performance bond (if any) for this project to be
consistent with the revised contract sum shown in section 2, above
IN WITNESS, the parties below have executed this Agreement,which will become effective on the
last date written below.
CONTRACTOR: CITY OF KENT:
By. By
(srgnarure) (mgnalnre)
Print Name: Print Name:
Its Its
(rule) (Title)
DATE- DATE
APPROVED AS TO FORM:
Kent City Attorney
[In this field,you may entcr the electronic filepath where the contract has been saved]
CONTRACT MODIFICATION-2 OF 2
EXHIBIT"A"
Kent Lodging Assoclatlon _ _
2003 eudget _ _
Original Contract Amendment
—Jan -Jun Jul -Dec 2003Total _
Service -- Bud at
t
Web
Hosting �� $ 300 $ 300 $ 6 00 '
Consulbn9 __ I$ - $ _
Content administration $ 5,400 $ 1 $ 5 400
Content management system $ 1,500 $ - ' $ 1,500 '
Search engine marketing _ _ $ _ 2,500 $ $
Subtotal Y_ $ 9,700 $ 300 $ 10,000
Individual Traveler Collateral
Lure brochure pnnt 10 000 cepres_ _ $ 3600 $ - $ 3,600 _
Postage $100/mo) __ $ 10 $$ $ 100
Certified Folder distribution 2.500 $ - $ 2500
Subtotal $ 6,200 $ $ 6,200
MaeUn9 Planner _
Print $ 700 $ $ 1 W
Posla a -- $ i00 $ _ $ 100 --
Eastern Washington Trade Show $ _- $ - $ _
Subtotal $ 200 $ E 200
Adver0sing� I � __
Sponsorships(tournaments etc _ $__ 2 750 $ - $ 2 750
WA State Visitors Guide I $ - 1 $_ 11180 1 $ 1,180
Eastern Washington Newspapers $ $ $ —r
Toll free number a$0 101mm $ 250 $ $ 250
Subtotal $ 3,000 1 $ 1,180 $ 4,180 1
Marketing Representative _ _
Sala PT $ 11,000 E 6,000 E _ 17,000
Pa If $ 990 $ 540 $ 1,530 —
Benefits 2,700I$$ 11 $ 4,300
_Trainin contractor $ $ - $ -
'
Travel ,I$S
Adman O1H Olhge supplies,utilities office s ace,etc $ 6,000 $ 4 500 $ 10,500� T
Subtotal P—� $ 12,sao $ 33330
Total — _ -�—
�$ 39,790 E 14J20 $ 53,910 -�--
— , r
Kent City Council Meeting
Date July 1, 2003
Category Consent Calendar
1. SUBJECT: KENT DOWNTOWN PUBLIC MARKET DEVELOPMENT
AUTHORITY, TRANSFER OF PROPERTY, SET HEARING
DATE—AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to accept all property, real and
personal, that the PDA offers to transfer to the city of Kent, to authorize the Mayor to
execute any and all necessary documents in order to effect the property transfer, and to
set a public hearing on the proposed dissolution of the PDA before the City Council at
its July 15, 2003, meeting.
The Lease Agreement that the Kent Downtown Public Market Development Authority
("PDA")had with the Kent Downtown Partnership ("KDP") for the indoor public
market expired on December 31, 2002. The PDA was created in March 1998 to
acquire, renovate, operate, and manage the Lumberman Barn property, located at
206 Railroad Avenue North in the City of Kent, as the year-round home of the Kent
Downtown Public Market. As you know, the Kent Downtown Public Market has
ceased to exist, and as a result,the PDA is no longer needed
3. EXHIBITS: Memorandum
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REOUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6F
LAW DEPARTMENT
Tom Brubaker, City Attorney
Phone 253-856-5770
Fax 253-856-6770
KEN T Address 220 Fourth Avenue S
WASHINGTON
Kent,WA 98032-5895
DATE: June 23, 2003
TO: City Council
FROM: Tom Brubaker, City Attorney
THROUGH: Jim White, Mayor
SUBJECT: Kent Downtown Public Market Development Authority — Transfer of Real and
Personal Property
SUMMARY:
The Lease Agreement that the Kent Downtown Public Market Development Authority ("PDA")
had with the Kent Downtown Partnership ("KDP") for the indoor public market, expired on
December 31, 2002 The PDA was created in March 1998 to acquire, renovate, operate, and
manage the Lumberman Barn property, located at 206 Railroad Avenue North in the city of
Kent, as the year-round home of the Kent Downtown Public Market As you know, the Kent
Downtown Public Market has ceased to exist, and as a result, the PDA is no longer needed.
The city purchased the Lumberman property in July, 1995. The purchase price for the property
was $366,298 34. After the PDA was created, the city transferred title of the property to the
PDA and transferred the remaining funds the city had budgeted for the market, which amounted
to $190,935 52 In order to renovate the barn located on the Lumberman property to house the
market, the city secured a loan for the PDA in the amount of $700,000 00 The PDA paid
$5,056.27 per month on that loan, which reduced the loan principal to its current balance at the
end of June, 2003, to approximately $658,400.
On May 23, 2003, the PDA served the city of Kent with a 30-day notice of the PDA's intent to
transfer all its real and personal property assets to the city of Kent. In its notice, the PDA
advised the city that a public meeting was scheduled for 5:30 p m on June 25, 2003, to discuss
the PDA's transfer of its real and personal property assets to the city of Kent At that meeting,
the PDA's board members are anticipated to pass a resolution authorizing the real and personal
property transfer and recommending that the city of Kent dissolve the PDA once the property
transfer is complete. In preparation of the PDA's anticipated action, on June 17, 2003, the
Operations Committee requested that the city council authorize the mayor to accept all property,
real and personal, that the PDA elected to transfer to the city, to authorize the mayor to execute
any and all necessary documents in order to effect the property transfer, and to set a public
heanng on the proposed dissolution of the PDA before the city council at its July 15, 2003,
meeting. The committee's recommendation is set for council passage on the July ]Si consent
calendar
The city is now responsible for making the $5,000 monthly loan payment due to the demise of
the PDA and the public market As the city is using the property for storage purposes, the city
will actually realize a cost savings by making this monthly loan payment in lieu of storage costs
Kent City Council •
June 23,2003
Re Kent Downtown Public Market Development Authority—Property Transfer
Page- 2
it has previously paid or is currently paying to third parties. Prior to using the property for
storage, the city's parks department incurred monthly costs in the approximate amount of$4,000
for off-site storage. In addition, the traffic engineering section of the city's public works
department is in the process of moving its storage from space it had been leasing at a cost of
$3,300 per month to the bam By moving out of off-site storage facilities and into the
Lumberman Barn, the city has reduced its prior storage costs from approximately $7,300 to
$5,000 monthly—$87,600 to $60,000 annually—for a total annual savings of approximately
$27,600.
BUDGET IMPACT.
None.
MOTION:
Move to authonze the mayor to accept all property, real and personal, that the PDA offers to
transfer to the city of Kent, to authorize the mayor to execute any and all necessary documents in
order to effect the property transfer, and to set a public hearing on the proposed dissolution of the
PDA before the city council at its July 15, 2003, meeting.
Kent City Council Meeting
Date July 1, 2003
Category Consent Calendar
I. SUBJECT: DECLARE LISTED EQUIPMENT AND MATERIALS AS
SURPLUS—AUTHORIZE
2. SUMMARY STATEMENT: As recommended by the Public Works Committee,
declare the equipment/materials no longer needed by the City as surplus and authorize
the sale thereof at the Cornucopia Days Public Auction. In the event these items are not
sold at the auction then they will be sold for scrap metal or disposed of as authorized by
Kent City Code or those regulations governing disposal of surplus equipment.
3. EXHIBITS: Public Works Director memorandum and list of surplus
equipment/materials (items 5-8)
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REOUIRED: S
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves,Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6G
PUBLIC WORKS DEPARTMENT
Don E Wickstrom, P E Public Works Director
Phone 253-856-5500
K E N T Fax 253-856-6500
W A S H N G T O N Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: June 16, 2003
TO: Mhite and Kent City Council
FROM: Do kstrom, Public Works Director
THROUGH
SUBJECT: Surplus Equipment
SUMMARY: Attached is a list of Surplus Equipment/Matenals that is no longer of use or
necessary to the City. We are requesting that they be declared as surplus and sold at the annual
Cornucopia Days Celebration Note Because some of the equipment is Water Utility owned a
public hearing will be required on these items
BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact
• MOTION• Recommend authonzation to declare the listed equipment/parts as surplus and
authorize the sale thereof at Cornucopia Days Public Auction
Mayor White and Kent City Council 1 Surplus Equipment Authonze
June 16,2003
PUBLIC WORKS
Don E Wickstrom, Director
OPERATIONS DIVISION
Larry R Blanchard, Manager
K E O T Phone 253-856-5656
W!S"I„GTGN Fax 253-856-6600
Mailing Address 220 Fourth Avenue South
Kent,WA 98032-5895
Location Address 5821 South 240th
Date. June 10, 2003
To Public Works Committee
Through- Don Wickstrom, Public Works Director
From Larry R Blanchard, Operations Manager
Subject Declaration of Surplus Equipment
Re Public Auction, Cornucopia Days
During the annual Cornucopia Days celebration there will be a Public Auction held for any surplus
equipment or materials the City of Kent may have Listed below are those items that Public Works
Operations would like to declare as surplus so they can be sold at the auction
1) Del Webb Wastewater Pump Station pumps and electrical connections-serial # 871052 and
871053 This pump station is site specific and cannot be used elsewhere, and due to its age does
not have all the hardware that our current pump stations are equipped with
2) Meadow Hills Wastewater Pump Station pumps and electrical connections-serial # 79LL55 and
79LL56 This pump station is site specific and cannot be used elsewhere, and due to its age does
not have all the hardware that our current pump stations are equipped with
3) Seven Oaks Wastewater Pump Station pumps and electrical connections-serial # 33161 and
32137.This pump station is site specific and cannot be used elsewhere, and due to its age does
not have all the hardware that our current pump stations are equipped with
4) Soosette Wastewater Pump Station and electrical connections-serial #910570 and 910571
5) Video Camera Minolta Master Series V-16 Serial # 00401813 No longer works and would cost
more than a new one to repair
6) 1988-Homelite Motor Blower and Hose Model # 111 B-1 Serial # 102-32-444 Replaced with a
new blower
7) 1999-AIM Gas Detector PID-450 Model # NC 1280 Serial # 451350018 Replaced with a newer
more accurate test kit
8) 1996-Petro Flag Test Kit Serial # 17701319 Replaced by the above AIM Gas detector
9) Water Meters
• 18" "Water Specialties"propeller type
10) PLC Equipment-This equipment is either out of date(15 years plus), can no longer be used as
spare parts or has been replaced and is no longer needed
0 (2)TI 530-1104 Processors, SIN 53PB8509000166, 53PB8507000176
• (2) 500-2103 TI Expansion Mods SIN 50D840700015, 5OLC840600029
• (5) 500-5021 Output Sim Mods
• (3) 500-5020"
P Operations',Fom Udmm`PWOpsmemororrn
0 (4) 510 TI Processors SIN 81071179,83080366,83110182,81090827
0 (1) 500-5828 16 Mod 110 Base SIN 5088840500176
• (1) 510-7105Interface Mod SIN IDAV840800012
• (1) 510 Simulator PIN 2460221-001
• (1) 510 User Manual
• (2) 510-2101 110 Mod SIN 83080028,83080047
• (1) Dual Comm Mod SIN 5ODP8704000288
• (2)VPU200 Serial #'s 20VB8507000407, and 20VB831202084
• (1) Box Siemens Tt Manuals
(2) Motorola MTU Units Model #C1565A Serial Numbers-403SHW 1064 and 403SHW 1065
1 1) Miscellaneous Items-This equipment is either out of date(15 years plus), can no longer be used
as spare parts,or has been replaced and is no longer needed
• Westinghouse VFD Processor Card
• (1) Box Miscellaneous Gauges(12)
(1)Aurora booster Pump 230/460 3h p
• U S Electric Motor 230/460 1.5h p
• Sta-Rite Booster Pump 115/230 1 5h p
(1) Box Pressure Transmitters (4)2. Taylor's#3432TF 2 Rosemont#1020
(1) Box Magnetic Recorders
• (1) Box Miscellaneous Elect Fittings
• (1) NEMA3R Control Box w/Display
(1) NEMA3R Control Box w/Control relays
• (1) Box Miscellaneous Modems and phone control equip
• (1) Motorola M RT U Rack
• (1) Box Miscellaneous Control Transformers
• (1) Box Miscellaneous Pump bearings and thrust washers
• (1) Box Miscellaneous CGC Manuals
• (1) Box Miscellaneous Act-Pak Meter Equip
• (1) LaMarche Battery Charger 120vac/10-24vdc@10amps S/N22593
(1) 12"Exhaust Vent
• (1) Box Miscellaneous Motorola Intrac Hardware
(3) Intrac Yagi Antennas
• (1) Box Miscellaneous Micro-Switches
• (1) Box Miscellaneous Pump Oilers
• (1) Box Miscellaneous Reed Switches
12) 1986-Ariens 911014 Mower Serial# 13846 This mower has been replaced
13) 1978-Gorman 5482-17 3" Pump Serial #652783 This pump has been replaced
14) 1969-Stanley Hydraulic Power Unit 7-9 GPM Model# CR22 Serial #6066
15) 1969-Stanley Hydraulic Chain Saw Model#CS23 Serial#5390
RECOMMENDATION
1 Declare the equipment listed above as surplus equipment and authorize Public Work Operations
to place these items on the auction list for Cornucopia Days In the event these items are not sold
at the auction then they will sold for scrap metal or disposed of as authorized by Kent City Code
or those regulations governing disposal of surplus equipment
P OperauonsTor WminT"OpsMcmoForm
Kent City Council Meeting
Date July 1, 2003
Category Consent Calendar
1. SUBJECT: RESTRICTIVE COVENANT KENT HIGHLANDS LANDFILL—
AUTHORIZE
2. SUMMARY STATEMENT: As recommended by the Public Works Committee,
authorization for the Mayor to sign the Restrictive Covenant Kent Highlands Landfill
document and to direct staff to record the Covenant and the Declarative Statement and
attached Cleanup Action Plan on the City's Kent Highlands property.
3. EXHIBITS: Public Works Director memorandum, Restrictive Covenant Kent
Highlands Landfill and vicinity map
. 4. RECOMMENDED BY. Public Works Committee
(Committee, Staff, Examiner,Commission, etc.)
5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO X YES
6. EXP NDTTURE REOUIRED: S
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6H
PUBLIC WORKS DEPARTMENT
Don E Wickstrom, P E. Public Works Director
Phone,253-856.5500
�IK N T Fax 253-856-6500
w.s ��c.o w Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: gi2003
TO: W ite and Kent City Council
FROM: strom,Public Works Director
SUBJECT: Kent Highlands City Property Covenants
SUMMARY: In the early 70's (1971) Kent Highlands, Inc deeded to the City about 5 acres of
property within their Kent Highlands landfill site for park purposes (see attached map) The
deeding was in conjunction with the City approving the use of their property for a sanitary
landfill. At the time the end use of landfill property as a park was probably a standard practice in
and around urban areas. Anyway as you are aware Seattle subsequently bought the property and
went through a voluntary cleanup and closure action thereon They did so to avoid the site being
declared as a Federal superfund site and then being ordered by EPA to clean it up and close it A
voluntary clean falls under the State clean up laws. To complete the final closure of the site
certain documents (see attachments) must be recorded on the site to let future owners of the site
know what the restrictions are regarding per it potential use. Seattle has recorded these
documents on their property and in order to finalize their closure these same documents must be
recorded on the City's property. Since the City could be forced to record them by court action
and the State Department of Ecology has indicated it would pursue same if we didn't it's the
Public Works Department recommendation that we do so.
BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact
MOTION: Recommend the Council authorize the Mayor to sign the Restrictive Covenant Kent
Highlands Landfill document and record the Restrictive Covenant Kent Highlands Landfill
document, the Declarative Statement and attached Cleanup Action Plan on the City's Kent
Highlands property.
Mayor White and Kent City Council 1 Kent Highlands City Property Covenants
June 16,2003 Authorize
RESTRICTIVE COVENANT
KENT HIGHLANDS LANDFILL
The property that is the subject of this Restrictive Covenant has been the subject
of remedial action under Chapter 70105D RCW The mvoik done to clean up the
property (hereinafter the "Cleanup Action") is described in the Cleanup Action Plan for
Kent Highlands Landfill dated Apid 19, 1993 This Restrictive Cotenant is rcyu,rcd buy
WAC 173-340-440 to assure the continued integrity of the Cleanup Action
The undersigned, City of Kent, ("Kent"), is the fee owner of real property in King
County (legal description attached as Exhibit "A"), hereinafter referred to as the "Site "
For the purposes of this Restrictive Covenant, the Site refers to the Kent-owned portions
of the former Kent Highlands Landfill, located Northeast of the intersection of State
Route 516 (aka Kent-DesMomes Road) and Military Road in Kent, Washington Kent
makes the following declaration as to limitations, restrictions, and uses as to «hick the
Site may be put, and specifies that such declarations shall constitute covenants running
with the land, as provided by law, and shall be binding on all parties and all persons
claiming under them.
SECTION 1. Any activity on the Site that may interfere min ith the Cleanup Action
is prohibited Any activity on the Site that may result in the release of a hazardous
substance that was contained as part of the Cleanup Action is prohibited Any actnity on
the Site that may result in endangerment to human health or the envirorunent by
hazardous substances contained or by gas generated by and emitted from the Site is
prohibited.
SECTION 2. Except for groundwater monitoring, no groundwater may be taken
for any purpose from any well on the Site without Department of Ecology ("Ecology")
approval.
SECTION 3. The owner of the Site must give vvntten notice to Ecology,or to its
successor agency, of the owner's intent to convey any fee interest in the Site Kent and
all subsequent owners shall provide for the continued operation, maintenance, and
monitoring of the Cleanup Action.
SECTION 4. The owner must notify and obtain approval from Ecology, or from
its successor agency, prior to any use of the Site that is inconsistent %Aith the ternis of this
Restrictive Covenant. Ecology or its successor agency may approv a such a use only after
public notice and comment
SECTION 5. The owner shall restrict leases to uses and activities consistent with
this Restrictive Covenant and notify all lessees of the restrictions on the use of the
property.
SECTION 6 The owner shall allow authorized representatives of Ecology, or its
successor agency, the right to enter the Site at reasonable times and with reasonable prior
notice 'or the purpose of e:aluat,ng comphancc ,.i8m the Ceanup Action Plffim a^d t0
inspect records that are related to the Cleanup Action.
SECTION 7 The owner of the Site reserves the right under WAC 173-340-720
and WAC 173-340-440 (1991 ed ), to record an instrument which provides that this
Restrictive CoNenant shall no longer iunit uae of the Site of be of any fu;mher Vice or
effect However, such an instrument may be recorded only with the consent of Ecology,
or its successor agency. Ecology or a successor agency may consent to the recording of
such an instrument only after public notice and comment
DATED this day of 2003.
CITY OF KENT:
By Jim White
Its Mavor
DATE:
STATE OF WASHINGTON )
COUNTY OF KING ) ss
I hereby certify that on the day of 2003, I know or
have satisfactory evidence that JIM NN HITE is the person mN ho appeared before me, and
said person acknowledged that he signed this instrument, on oath stated that he is
authorized to execute the instrument on behalf of the CITY OF KENT as its Mayor, and
such execution to be the free and %oluntary act of such party for the uses and purposes
mentioned in the fore going instrument
-Nome Seal,irasl 1ppenr N nhln Aus Bop
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written
NOTARY PUBLIC, in and for the State of Washington
residing at
My appointment expires
P ICnd%FILES,OMFFIa OT21nirwlncCwnwrK 6
EXHIBIT "A"
THAT PORTION OF THE ENOS COOPER DONATION CLAIM LYING WITHIN THE
SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 22 NORTH, RANGE 4 EAST, WM., KING
COUNTY, WASHINGTON, DEFINED AS FOLLOWS
BEGINNING AT A POINT OF INTERSECTION WITH THE CENTERLINE OF KENT-DES MOINES
HIGHWAY AND THE SOUTH LINE OF THE NORTI4 HALF OF SAID SUBDIVISION,
THENCE SOUTHEASTERLY ALONG SAID CENTERLINE A DISTANCE OF 135 48 FEET,
THENCE NORTH 62030'00"EAST 30 FEET TO THE TRUE POINT OF BEGINNING,
THENCE CONTINUING NORTH 62030'00" EAST 525 FEET,
THENCE NORTHWESTERLY ON A CURVE TO THE LEFT AND RUNNING PARALLEL WITH
THE PROPOSED NORTHEASTERLY MARGIN OF STATE ROUTE 516 (AS SHOWN ON TI4AT
CERTAIN MAP DATED MAY 8, 1969, SHEET 2 OF I 1 SHEETS, JUNCTION STATE ROUTE 5 TO
JUNCTION STATE ROUTE 167 MILEPOST 2 21 TO MILEPOST 4 83) TO THE WEST LINE OF
SAID DONATION CLAIM,
THENCE SOUTH ALONG THE WEST LINE OF SAID DONATION CLAIM TO THE CENTERLINE
OF SAID HIGHWAY,
THENCE SOUTHEASTERLY TO A POINT WHICH BEARS SOUTH 62030'00" WEST FROM THE
TRUE POINT OF BEGINNING,
THENCE NORTH 62030'00" EAST 30 FEET TO THE TRUE POINT OF BEGINNING
EXCEPT THAT PORTION DEFINED AS FOLLOWS
BEGINNING AT A POINT OF INTERSECTION OF THE WEST LINE OF THE COOPER
DONATION CLAIM WITH THE NORTH MARGIN OF SSH 5A (KENT-DES MOINES HIGHW,\Y)
BEING THE TRUE POINT OF BEGINNING OF EXCEPTION HEREIN DESCRIBED,
THENCE NORTH ALONG SAID DONATION CLAIM LINE 450 FEET,
THENCE EAST AT RIGHT ANGLES TO SAID DONATION CLAIM LINE 400 FEET,
THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID DONATION CLAIM LINE 220
FEET,
THENCE SOUTH 360 WEST 440 FEET MORE OR LESS TO NORTHERLY MARGIN OF SSH 5A,
THENCE NORTHWESTERLY ALONG THE NORTHERLY MARGIN OF SSH 5A TO THE TRUE
POINT OF BEGINNING OF EXCEPTION HEREIN DESCRIBED
AND ALSO EXCEPT THAT PORTION LYING SOUTHERLY OF SAID NORTHEASTERLY
MARGIN OF SAID STATE ROUTE 516
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Kent City Council Meeting
Date Julyl, 2003
Category Consent Calendar
1. SUBJECT: PARTIAL TERMINATION AND RELINQUISHMENT OF
WETLAND EASEMENT AND RESERVATION—AUTHORIZE
2. $Ulk A Y STATEE ,E,NT: As recommended by the Public Works Committee,
authorization for the Mayor to sign the Partial Termination and Relinquishment of
Wetland Protection Easement and Reservation document with respect to Wetland Areas
G, H, M, and SW of Boeing Company Pacific Gateway Business Park.
3. EMBITS: Public Works Director memorandum; partial termination and
relinquishment of wetland;protection easement and reservation document; and vicinity
map
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL&ERSONNEL IMPACT: NO X YES_
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6I
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
WASMIMGTON
Kent,WA 98032-5895
DATE: June 16, 2003
TO: Mrte and Kent City Council
FROM: Don ickstrom, Public Works Director
THROUGH:
SUBJECT: Partial Termination and Relinquishment of Wetland Protection Easement and
Reservation-Authorize
SUMMARY: The Wetland Protection Easement and Reservation conveyed to the City ofKent
by the Boeing Company for the Pacific Gateway Business Park may be terminated if and when a
permit to fill wetlands area subject to Wetland Protection Easement has been issued by the
United States Army Corps of Engineers, the COE issued Permit No. 2000-4-01279 on August
23, 2002 allowing the wetlands areas to be filled that are designated on the Plat as Wetland Area
G,H, M and SW.
BUDGET IMPACT. No Unbudgeted Fiscal/Personnel Impact
MOTION: Recommend the Council authorize the Mayor to sign the Partial Termination and
Relinquishment of Wetland Protection Easement and Reservation document with respect to
Wetland Areas G, H, M, and SW of the Boeing Company Pacific Gateway Business Park
BACKGROUND
Mayor White and Kent City Council Partqkl Termination and Relinquishment of Wetland Protection
June 16,2003 Easement and Reservation-Authorize
When Recorded, Please Return To.
City of Kent
Attn. Property Management
220 Fourth Avenue S
Kent, Washington 98032
DOCUMENT TITLE Partial Termination and Relingmslunent of Weiland
Protection Easement and Reservation
REFERENCE NUMBERS OF RELATED DOCUMENTS 20010117000904;
GRANTOR. The City of Kent, a Washington municipal corporation
GRANTEE The Boeing Company, a Delaware corporation
LEGAL DESCRIPTION: Portions of Pacific Gateway Business Park, Kent,
Washington, being a portion of the NE '/4, SE '/4, and SW '/4 of Section 2, Township 22
North, Range 4 East, Willamette Meridian, City of Kent, King County, Washington and a
portion of the NW V4 of Section 11, Township 22 North, Range 4 East, Willamette
Meridian, City of Kent, King County, Washington
ASSESSOR'S PARCEL NO(S): 660021-0040; 660021-0050; 660021-0060, 660021-
0070; 660021-0080, 660021-0090; 660021-0110, 660021-0200, 660021-0300, 660021-
0310, and 660021-0330
PROJECT NAME: Pacific Gateway Business Park
PARTIAL TERMINATION AND RELINQUISHMENT OF WETLAND
PROTECTION EASEMENT AND RESERVATION
WHEREAS, pursuant to the City of Kent Plat Su-99-1/KIVA 9901657, Pacific
Gateway Business Park, recorded in the records of King County, Washington under
Recording N 2001 01 1 7000904 (the "Plat"), The Boeing Company conveyed a
Wetland Protection Easement and Reservation ("Wetland Easement") to the City of
Kent; and
PARTIAL TERMINATION AND RELINQUISHMENT OF WETLAND PROTECTION EASEMENT
AND RESERVATION-Page I
(between Cny of Kent and The Boemg Comptrm)
WHEREAS, pursuant to the Plat, the Wetland Protection Easement may be
terminated if and when a permit to fill the wetlands areas subject to the Wetland
Protection Easement has been issued by the United States Army Corps of Engineers
("COE"), and
WHEREAS, the COE issued Permit No. 2000-4-01279, dated August 23, 2002
(the "COE Permit"), allowing the wetlands areas to be filled that are designated on the
Plat as Wetland Area G, H, M, and SW, respectively, each of which is subject to the
Wetland Easement; and
WHEREAS, The Boeing Company has caused Wetland Area G, H, M, and
SW, respectively, to be filled pursuant to the COE Permit; and
WHEREAS, the City of Kent has agreed to terminate the Wetland Easement
with respect to Wetland Areas G, H, M, and SW, NOW THEREFORE,
The Wetland Easement covering Wetland Areas G, H, M, and SW as shown on the
Plat is hereby terminated and relinquished.
CITY OF KENT,
a Washington municipal corporation
By
Name Printed
Title
(Notary Acknowledgement Appears on Next Page)
APPROVED AS TO FORM:
Kent City Attorney
. PARTIAL TERMINATION AND RELINQUISHMENT OF WETLAND PROTECTION EASEMENT
AND RESERVATION—Page 2
(between City of Kent and The Boeing Compan))
o goo taoo _ ._._'.-__ . _ . . _1
ET LAND I+'
Scole In Feet I • • to be filled
,
;''• ' .* to be filled
_ff
WETLAND 37
- to remain
Jk tf a portiol fillr 'I BOEIND
SPACE CENTER
(eiizting Induetrlal development)now
'
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WETLAND ssC 7
WETLAND M
_ '\ ' ' •�- 1 to be filed to be_eicovated
UJI `x WETLAND t
d _- ' to be filed I
u �'c WETLAND J d WETLAND 9 2�
to be filled 1; to be ozccvote
,t
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wEnA►+ 55C7.- rrTulkw 6 WANCC
FIGURE 3:JURISDICTIONAL WETLANDS Reference: 20DO41279
Porpoee: OptimizeBo®gFem'}itin AppUutioaby: DitakSRealtyCarpombou
md Redaca Surplus Neer: Mil!Creek In: City of>�:
Rid p4sw Detain: G
NGVD 1929 in State: WA
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Kent City Council Meeting
Date July 1, 2003
Category Consent Calendar
1. SUBJECT: ZONING CODE AMENDMENT, AUTO REPAIR AS HOME
OCCUPATION, EXTENSION OF AMORTIZATION PERIOD,
ORDINANCE—ADOPT
2. SUMMARY STATEMENT: Adoption of Ordinance No. extending the
amortization period for auto repair as a home occupation to October 18, 2004, three (3)
years from the effective date of the initial code amendment that prohibited this type of
use.
3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Planning Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6J
COMMUNITY DEVELOPMENT
Fred N Satterstrom, AICP, Director
PLANNING SERVICES
K E S T Charlene Anderson AICP, Manager
w"s"'"GDM Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: JUNE 24,2003
TO: MAYOR JIM WHITE, COUNCIL PRESIDENT JUDY WOODS AND CITY
COUNCIL MEMBERS
FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER
THROUGH: PLANNING COMMITTEE,LAND USE&PLANNING BOARD
SUBJECT: ZONING CODE AMENDMENT#ZCA-2003-1
AUTO REPAIR AS HOME OCCUPATION—EXTEND AMORTIZATION PERIOD
SUMMARY: At their May 20" meeting, the Planning Committee recommended approval of the Land
Use & Planning Board's recommendation to amend Kent City Code Section 15 08 040, extending the
amortization period for auto repair home occupations to October 18, 2004, three years fiom the effectne
date of the initial code amendment that prohibited this type of use
BUDGET IMPACT None
MOTION: Adopt Ordinance No approving #ZCA-2003-1 as recommended by the Planning
Committee and the Land Use& Planning Board
BACKGROUND: On September 18, 2001 the City Council passed Ordinance No 3575 prohibiting
automotive repair as a home occupation and requiring auto detailers to obtain a special home occupation
permit The code amendment began in response to a complaint to the City Council
Automobile repair is allowed outright only in the commercial-manufacturing zoning districts, in the
broadest commercial zoning district, General Commercial, and via conditional use pelmit in the
Community Commercial zoning district Home occupations are restricted by a number of performance
standards, the general nature of automobile repair creates the potential to exceed the performance
standards Furthermore, environmental concerns and more stringent building standards typically aie
analyzed for commercial auto repair operations
In a March 12`I' letter, Mr Jim Knipp expressed concerns about having to close the auto repair operations
at his site, he also testified at the Board hearing about his desire to obtain a commercial land use
designation for his property The proposed amendment extends the deadline for closing auto repair home
occupations, and during the ongoing updates to the Kent Comprehensive Plan staff will be considering
amendments to the land use and zoning maps
The proposed amendment to KCC 15 08 040(G)(2) is as follows, "Home occupations prohibited by
subsection (G)(1) of this section and which were operated lawfully in the city of Kent in compliance v ith
the provision of this chapter as of the date of passage, may continue to operate until October 18, 2004€ef
is leage , after which date no prohibited home occupations may lawfully
operate in the city of Kent" The SEPA Responsible Official has determined that this proposal is a
procedural action that is exempt from environmental review
CA\pm S\Permit\Plan\ZONECODEAMEND\2003\2030888.2003-tee doc
Eric Ordinance,Minutes of 5120/03 Planning Comimttee&4l28/03 LU&PB,4/21/03 Staff Report,3/12/03 letter Irom J Knipp
Cc Parties of interest
On the long range planning side,most of the efforts will be on the 5-year update of the
Comprehensive Plan, along with the annual plan amendments and periodic, minor updates of the
regulatory codes, and the Critical Areas Ordinance Included in the planning efforts are
extensive coordination with other City departments and outside agencies, as well as presentation
of documents and reports to the Land Use and Planning Board, Hearing Examiner, and the City
Council, including the Planning Committee.
Zoning Code Amendment#ZCA-2003-1 (KIVA42030888) Auto Repair as Home
Occupation —Extension of Amortization Period
Charlene Anderson said that Zoning Code Amendment#ZCA-2003-1 was an attempt to give
more time to those folks who had home occupation auto repair operations and were experiencing
difficulty in amortizing that use. On September 18,2001, the City Council passed an ordinance
prohibiting automotive repair as a home occupation and requiring auto detailers to obtain a
special home occupation permit. After a public hearing,the Land Use and Planning Board
recommended approval of an amendment to the Kent City Code. The amendment extends the
amortization period for auto repair home occupations to October 18,2004, three years from the
effective date of the initial code amendment that prohibited that type of use Mr. Jim Knipp
brought forward an annual comp plan amendment talking about changing his particular site that
had a home occupation auto repair to commercial. That was denied. This ordinance allows
some further analysis of those sites and others that might be appropriate for commercial
operation
Tim Clark moved to recommend approval of the#ZCA-2003-1 as recommended by the
Land Use and Planning Board,and to direct the City Attorney to prepare the necessary
ordinance. The motion was seconded by Bruce White. A friendly amendment was made to
send the item to the Consent Calendar. The motion passed 3-0.
Zoning Code Amendment#ZCA-2003-3 (KIVA #2030890) Auto Repair and Washing
Services in M-3 Zonine District
Charlene Anderson said this proposal was a result of an application by Les Schwab Tire Center
to allow auto repair and washing services in the M-3 district. They amended their original
application before it went to the Board to address this situation along Central Avenue/84th
Avenue South. Their site was split zoned between Gateway Commercial, which allows some
retail operation and M-3, which is a wholesale operation and allows truck repair. Les Schwab
Tire Center does both and that wouldn't work with this particular site and the split zoning. They
narrowed their request to Gateway Commercial M-3 split zoning and the Board recommended
approval to allow auto repair and washing services when there is a use that's also heavy
equipment and truck repair, and the property is split zoned GWC and M-3. The Board again
recommended approval of the proposed amendment because Central Avenue/84`h Avenue
already allows both truck and auto traffic
Bruce White recommended approval of#ZCA-2003-3 Option 2 "Split-zoning" as
recommended by the Land Use and Planning Board and staff, and to direct the City
Attorney to prepare the necessary ordinance and to bring it to Council on the Consent
Calendar. The motion was seconded by Tim Clark and passed 3-0.
S�26t03 IBC MIYJ_
COMMUNITY DEVELOPMENT
Fred N Satterstrom,C D Director
PLANNING SERVICES
• Charlene Anderson,AICP,Manager
K EN T Phone,2 5 3-88 5 -545544
W h 6 M 1 M O T O N Fax 253-856-6454
Address 220 Fourth Avenue S
Kent,WA 98032-5895
LAND USE & PLANNING BOARD MINUTES
PUBLIC HEARING
APRIL 28, 2003
The meeting of the Kent Land Use and Planning Board was called to order by Chair Ron Harmon at
7.00 p.m. on Monday,April 28, 2003 in Chambers West of Kent City Hall
LUPB MEMBERS PRESENT: STAFF MEMBERS PRESENT:
Ron Harmon, Chair Charlene Anderson, AICP, Planning Manager
Nicole Fincher, Vice Chair Kim Marousek, Pnncipal Planner
Steve Dowell Glona Gould-Wessen, Planner, GIS Coordinator
Jon Johnson William Osbome, Planner
David Malik Kim Adams-Pratt, Asst City Attorney
Deborah Ranniger
LUPB MEMBERS ABSENT:
Les Thomas, Excused
APPROVAL OF MINUTES
Jon Johnson MOVED and Steve Dowell SECONDED to approve the Minutes of February 24, 2003
Motion CARRIED,
ADDED ITEMS:
None
COMMUNICATIONS
Planning Manager Anderson stated that on May 6, 2003, City Council will consider the ordinance for the
Planned Unit Development Acreage Amendment#ZCA-2002-5 with an effective date thirty days from May
6'"
NOTICE OF UPCOMING MEETINGS
None
#ZCA-2003-1 AUTO REPAIR AS HOME OCCUPATION-EXTENSION OF AMORTIZATION PERIOD
Planning Manager Charlene Anderson stated that the Board has discussed difficulties businesses were
having with the amortization period that was placed in the code the last time the code was amended
regarding auto repair for home occupations She stated that there was a one year amortization period
saying that either a year from the business license or from the date of the ordinance, whichever was
later, all auto repair home occupations were no longer allowed
Ms. Anderson stated that the amortization penod particularly created some difficulty with an applicant
named Mr. Knipp Ms Anderson submitted a letter from Mr. Knipp for the record as Exhibit #1,
detailing some of the issues of the operation at his site located at 132n° and north of 272"°
Ms. Anderson stated that staff recommends approving an extension of the amortization penod for auto
repair as home occupations to October 18, 2004, to allow extra time for these operations to be
abandoned and removed from the site.
Ms. Anderson addressed questions raised by the Board at their workshop, particularly regarding the
Knipp property. Ms. Anderson stated the Board questioned if there had been any problems with this
business or if there had been any Fire Department review. Ms. Anderson stated that she did not hear
that the Fire Department had any issues with this business and that it is her understanding that the Fift
Department does not have authority over home occupations unless the business is a full fledgwF
commercial operation.
Ms. Anderson stated that she was not aware of any complaints against the particular business that is in
operation at that location right now. She stated that in speaking with King County; in 1990 and 1991,
there were two code enforcement actions related to auto repair and not allowing that use at the site.
Ms. Anderson stated that these issues were closed as the owner stated that they were going to relocate
the business and a King County inspector went to the site and did not see evidence of a business being
operated.
Ms. Anderson stated that since this property was annexed to Kent on January 1, 1996, a code
enforcement action at this site under Lester McCracken, resulted in a Hearing Examiner ruling that the
auto parts on this site would have to be screened
Ms Anderson stated that although we are talking about one particular site, the focus of tonight's
discussion regards auto repair, home occupations in general Ms Anderson stated that the business at
this particular site at 132nd is called Kent Air Conditioning. She stated that a planner visited the site and
observed that a truck on the site had the words"Auto"along with "Kent Air Conditioning" inscribed on it.
Ms. Anderson stated that she has not personally seen evidence of an auto repair operation but it is her
understanding from her staff that this is what is being operated at this particular site.
In response to Mr. Dowell, Ms Anderson stated that when the subject site was under King County's
jurisdiction, auto repair was not a permitted use. Ms Anderson stated that Puget Sound Air Quality
Control informed her that there was no registration and no complaints at that location
Jon Johnson MOVED and Steve Dowell SECONDED to open the Public Hearing Motion CARRIED.
James Knipp, 13002 SE 2851°, Kent, WA 98032 questioned what it would take to convert his property
at 26922 132"d Avenue SE to a commercial use, stating that there has never been a complaint against
this particular property. Mr. Knipp stated that the business owner holds numerous credentials, is
controlled by the EPA and has never been fined Mr. Knipp stated that you will not observe
transmissions, engines or cars jacked up on this property nor are there any concerns regarding
pollutants.
Mr. Knipp stated that it is his desire to change the zoning and not just to extend the amortization period
He stated that he would like to see Kent Air Conditioning remain in business at this location saying that
this business is his renter's livelihood and provides a valuable service for auto dealerships in the area
that are afraid to handle Freon In response to Mr. Dowell, Mr, Knipp stated that the business owner
installs and repairs air conditioning systems for vehicles on site inside a large 2-bay building.
Jon Johnson MOVED and Steve Dowell SECONDED to close the Public Hearing. Motion CARRIED.
In response to Mr. Dowell, Ms Anderson stated that it has been suggested at a Board workshop that a
commercial zoning be considered for the subject site as part of the Land Use Element update Ms
Anderson stated that the business is currently not allowed as a home occupation due to the clause for
auto repair.
In response to Ms Ranniger's inquiry as to what Mr Knipp could do to retain the business on his
property, Ms. Anderson stated that Mr. Knipp would have the option of submitting an application for
comp plan amendment during our annual comp plan amendment process She stated that Mr. Knipp
submitted an application this year; however, there were several other parcels included in that
application. Ms. Anderson stated that Mr. Knipp could submit a new application with just his parcel 9 he
Land Use and Planning Board Minutes
chose along with the other option of going forward with the land use element update as staff updates
the comp plan.
Jon Johnson MOVED and Deborah Ranniger SECONDED to accept staffs recommendation on ZCA-
2003-1 extending the amortization period for automobile repair home occupations to October 18, 2004,
three years from the effective date of the last ordinance that amended KCC 15.08.040(G)(2) Motion
CARRIED unanimously.
#ZCA-2003-3 AUTO REPAIR & WASHING SERVICES IN M3. GENERAL INDUSTRIAL DISTRICT
Ms. Anderson stated that this is a request for a zoning code amendment to allow auto repair and
washing services in M3, resulting from an application submitted by Les Schwab Tire Centers.
Ms Anderson stated that a letter received from Les Schwab's agent proposes an alteration to their
request, basically to do what staff has proposed as Option 2, to allow this type of operation in M3
properties only when it is adjacent to or split-zoned with Gateway Commercial Ms. Anderson stated
that the only Gateway Commercial zoning is along 84'"or Central Avenue from 167 north to about 2121n
Street.
Ms. Anderson stated that typically in an M3 zone, the City has been reluctant to present a conflict
between autos and truck operations. In the M3 zone heavy truck repair is allowed, however, auto
repair is not. Ms. Anderson stated that there are several goals and policies as well as strategies that
the city has used to prevent these conflicts from occumng. She stated that in light of the fact that this is
a limited use and the suggestion in the Les Schwab case is to allow this use basically only with those
properties that abut Central Avenue. Staff agrees the conflict between heavy truck and autos would not
be as great.
Ms. Anderson stated that both heavy trucks and autos use 84l" Avenue South She stated that the
options presented in the staff report are 1) No change 2) Allowing auto repair and washing services as
a permitted use when the split-zoning or the adjacency occurs and 3) allowing them in all M3 zoning
districts only as an accessory use and by a conditional use permit Ms Anderson stated that staff does
not recommend Option 3 as it opens up the entire M3 zoning district and because of the policies and
goals and our Manufacturing designation in the County-wide Planning Policies for M3 zoning, staff did
not believe this option to be appropriate
Ms. Anderson entered the letter from Molly Lawrence with Les Schwab Tire Center for the record as
Exhibit#2.
Chair Ron Harmon declared the Public Hearing Open.
David Gibson, 62158 Cody Junior Road, Bend, OR with Les Schwab Tire Centers extended his
thanks to both the Land Use and Planning Board and City staff for the opportunity to craft language that
fits within the City's objectives for permitting economic development and does not adversely impact
residents and other businesses. Mr. Gibson asked the Board to consider supporting the compromise
that staff has worked on with Ms. Lawrence, along with Option 2 as recommended by staff
Mr. Gibson stated that Les Schwab's proposal benefits the residents and businesses of Kent and is
consistent with the use of 84" as it is today.
Steve Dowell abstained from voting on this issue as the current Les Schwab facility is his good
neighbor and he would not want to cause any feelings of conflict
Molly Lawrence, Buck and Gordon, 1011 Western Avenue, Suite 902, Seattle, WA 98104 stated
that the site in question shows that there is a split in the zoning of this property. She stated that when
Construction Machinery bought the property they treated the two separate lots as one lot and built a
building over the top of that property line. Ms. Lawrence stated that it creates this unfortunate split,
Land Use and Planning Board Minutes
.__1 SIG .HOBO
COMMUNITY DEVELOPMENT
Fred N. Satterstrom,AICP, Director
• PLANNING SERVICES
\147KE N T Charlene Anderson,AICP, Manager
w.sw,.oro. Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: APRIL 21, 2003
TO: CHAIR RON HARMON AND MEMBERS OF THE LAND USE AND
PLANNING BOARD
FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER
SUBJECT: AUTO REPAIR AS HOME OCCUPATION—EXTENSION OF
AMORTIZATION PERIOD ZCA-2003-1/KIVA#2030888
LUP13 Public Hearing April 28,2003
INTRODUCTION: As evidenced during the review of the 2002 annual comprehensive plan
amendments, some auto repair home occupations are suffering a hardship because of the one-
year amortization period for continuing their business operations. A proposed amendment to the
Kent Zoning Code would extend the amortization period for auto repair home occupations to
three years from the date of the initial code amendment that became effective on October 18,
2001
BACKGROUND: On September 18, 2001 the City Council passed Ordinance No. 3575
prohibiting automotive repair as a home occupation and requiring auto detailers to obtain a
special home occupation permit The code amendment began in response to a complaint to the
City Council over automobile repair in a residential zoning district.
As presented by staff at the Land Use & Planning Board, automobile repair is allowed outright
only in the commercial-manufactunng zoning districts, in the broadest commercial zoning
district, General Commercial, and via conditional use permit in the Community Commercial
zoning district. Home occupations are restricted by a number of performance standards that limit
number of employees, traffic, hours of operation and utility demand, and prohibit emissions such
as noise, vibration, smoke, odors and glare. The general nature of automobile repair creates the
potential to exceed these performance standards. Environmental concerns regarding commercial
automobile repair operations include disposal of hazardous materials and mitigation for traffic
impacts For commercial auto repair operations, building and fire departments may require fire
walls or other more stringent building standards to address the potential for volatility.
Kent City Code Section 15.02.030 defines automobile repair as follows: "Automobile repair
includes fixing, incidental body or fender work, painting, upholstering, engine tune-up, adjusting
lights or brakes, or supplying and installing replacement parts of or for passenger vehicles and
trucks."
Staff found that a number of jurisdictions deny outright the use of automobile repair as a home
business. Generally, those codes that deny auto repair as a home business identify it as being
incompatible with the"residential character" of a neighborhood.
As of the October 18, 2001 code amendment, Kent City Code Section 15.08 040(G)(2) states,
"Home occupations prohibited by subsection (G)(1) of this section and which were operated
lawfully in the city of Kent in compliance with the provision of this chapter as of the date of
passage, may continue to operate for one (1) year from the effective date of the ordinance
codified in this chapter, or the expiration of a current business license, whichever is longer; after
which date no prohibited home occupations may lawfully operate in the city of Kent."
As stated by Mr. Jim Knipp in a March 12, 2003 letter to the City of Kent Law Department,
"There had been auto repair businesses at this location for over 15 years as testified at (sic) one
of the neighbors at the rezone workshops. The present business located there is Kent Air
Conditioning. They have been in existence for over 5 years " The letter further states, "Moving
this business or closing it down would destroy the owners chance to make a living as well as
generate taxes for the City of Kent and King County."
RECOMMENDATION:
As you know, staff expects to consider general amendments to the Comprehensive Plan Land
Use and Zoning Maps during the Comprehensive Plan updates that are in progress That process
is not expected to be completed until late 2003 or early 2004, and might or might not include
amendments to parcels on which are being conducted automobile repair operations. In the
meantime, staff recommends the Land Use & Planning Board extend the amortization period for
automobile repair home occupations to October 18, 2004, three years from the effective date of
the last ordinance that amended KCC 15.08 040(G)(2)
Code Amendment Details: Amend KCC 15 08 040(G)(2) to state, "Home occupations
prohibited by subsection (G)(1) of this section and which were operated lawfully in the city of
Kent in compliance with the provision of this chapter as of the date of passage, may continue to
operate until October 18, 2004 c_ one (1) yea.-7 c efa the effietiye date e f the ordinanee eediava
in this ,., apte. ,._ the expiwien of a ,,......efit b shies. heense whi.a.ever is 1014.e_; after which
date no prohibited home occupations may lawfully operate in the city of Kent"
CA\pm.S \Permit\P1an\ZONECODEAMEND\2003\2030888-2003-1 DOC
Enc. Letter dated March 12,2003 from Jim Knipp
cc Fred N Satteistrom,AICP,CD Director
Charlene Anderson,AICP, Planning Manager
Jim Knipp
Other Panes of Interest
Project File#ZCA-2003-1/KIVA#2030888
Auto Repair as Home Occupation—Extension of Amortization Period
Land Use and Planning Board Hearing 4/28/03
Staff Report
Page 2 of 2
COPY RECEIVED j
MAR 13
2003 I
3-12-03
Kent qty Attorney
Ms. Kim Adams Pratt
City of Kent Law Department
220 4`h Avenue South
Kent,WA. 98032
Dear Ms. Adams Pratt,
In May of 2002, 1 started the process of seeking a rezone of the property at 26922 132nd
Avenue SE, Kent(referred to as the Knipp proposal at the rezone meetings)I was told by
the Kent Planning Department that "Kent is always looking for commercial property")
and was encouraged to "go for it". I did. Ultimately on Tuesday, February 3`d, 2002 the
request was denied by the zoning board
After the meeting I spoke with you about the rezone and the "grand father clause".
Specific statements were made during the council meeting about both of these subjects
During our conversation, you mentioned to me you were the sponsor of the law to rid the
city of small auto repair businesses. I have no problem with this, as I would not like to
live in a neighborhood with unsavory conditions.
The whole scenario began in late April, 2002 when my renter received a notice from the
City of Kent that his business had to be off the premises by the end of 2002. I started the
process of rezoning.
Here are the facts about the property located at 26922 132"d Avenue SE. There had been
auto repair businesses at this location for over 15 years as testified at one of the neighbors
at the rezone workshops. The present business located there is Kent Air Conditioning,
they have been in existence for over 5 years. Please note this business is called Kent Air
Conditioning, not Kent Auto Repair. He is not listed in the phone book under An _
Repair. He wanted to differentiate his business from the auto mechanic repair businesse
that frequently pop up in residential area(the ones your current law targets). As stated at
the Council Meeting by Bruce White and Julie Peterson,both of who visited the property.
Unfortunately,Ms. Peterson could not make the meeting,but was instrumental in trying
to defer the vote on the property until the next meeting Mr. White also tried to defer the
vote but was refused by Mayor White. Bruce White did speak very highly of the
cleanliness and quality of the air conditioning business being run at the location. He
stated this information can be verified by the City of Kent, no complaints have even been
filed against the business regarding traffic,junk cars or an unsightly location. The Air
Conditioning business is operated in an industrial size, two bay building not attached to
the brick home on the property.
We did not elect to be included within the city limits of Kent This came well after the
business was established Moving this business or closing it down would destroy the
owners chance to make a living as well as generate taxes for the City of Kent and King
County. I don't believe a ruling of this nature is fair to the owner of Kent Air
Conditioning.
I would like to request this business be"grand-fathered in" as Kent Air Conditioning and
allow the owner to continue to make a living for his family and pay the City of Kent taxes
they so badly need. I hope you will see this matter the way the neighbors and I do and
allow this business to remain a viable business as long as it operates under the present
conditions.
I have not discussed this letter with council members Julia Petersen or Bruce White so I
would request that you speak with them to see how they feel about this subject
Please give this location and the business owner some additional thought before the one
year extension runs out
Thank you.
ncerely,
t �L�
im Kmpp
13002 SE 2851" Street
Kent, WA. 98030-8873
Work—206-344-3550
Home—253-631-2249
it
I; ORDINANCE NO.
AN ORDINANCE of the city council of the
city of Kent, Washington, amending section
15 08 040(G)(2) of the Kent City Code, to extend the
amortization period for auto repair as a home
occupation
WHEREAS, the city council desires to amend section
15 08 040(G)(2) of the Kent City Code, to extend the amortization period for auto
repair home occupations to October 18, 2004, three (3) years from the effective date
of the initial code amendment that prohibited this type of use, and
WHEREAS, after providing appropriate public notice, the city held a
public hearing on this modification proposal at the regular land use &planning board
meeting held on April 28, 2003; and
WHEREAS, the planning committee considered this matter at the
regularly scheduled meeting on May 20, 2003; and
WHEREAS, on April 23, 2003, the city provided notification to the
State of Washington under RCW 36 70A 106 of the city's proposed amendment to
the amortization schedule for prohibited home occupations; and
1 Home Occupations Prohibited
Section 15.08.040(G)(2)
WHEREAS, the sixty (60) day notice period under RCW 36 70A 106
has elapsed, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1. —Amendment. Section 15.08 040(G)(2) of the Kent City
Code is amended as follows
I
Sec. 15.08.040 Home occupations.
G. Home occupations prohibited.
1 The following uses, by the nature of their operation or investment,
have a pronounced tendency, once started, to increase beyond the limits permitted for
home occupations and impair the use and value of zoning districts where dwelling ,
units are lawfully established Therefore, the uses listed below shall not be permitted
as home occupations
a Repair,body repair,building, or servicing of vehicles
2 Home occupations prohibited by subsection (G)(1) of this section and
which were operated lawfully in the city of Kent in compliance with the provision of
f
this chapter as of the date of passage, may continue to operate until October 18
2004fo ene r1 ,..._ c rm .he e ff eiive date e f!he _a..,,.nee eediava in this ..hapte_
..
th„ a fa nt business b ..hiehe _ le
�. xY�h...._ e� �, -„ after which date
no prohibited home occupations may lawfully operate to the city of Kent
SECTION 2. — Savmes The existing section 15 08 040(G)(2) of the
Kent City Code, which is amended by this ordinance, shall remain in full force and
effect until the effective date of this ordinance
2 Home Occupations Prohibited
Section 15.08.040(G)(2)
SECTION 3. —Severabihty 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 4. —Effective Date 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
PASSED: day of July, 2003
APPROVED: day of July, 2003
PUBLISHED: day of July, 2003
I hereby certify that this is a true copy of Ordinance No.
j 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\Civd1(kduunrc\l509 W N COccupa a Ms hiMt ddM
3 Home Occupations Prohibited
Section 15.08.040(G)(2)
Kent City Council Meeting
Date July 1, 2003
Category Consent Calendar
1. SUBJECT: ZONING CODE AMENDMENT, AUTO REPAIR AND WASHING
SERVICES IN M-3 ZONING DISTRICT, ORDINANCE—ADOPT
2. SUMMARY STATEMENT: Adoption of Ordinance No. amending
sections 15.04.090 and 15.04.100 of the Kent City Code to permit auto repair and
washing services in the M3,General Industrial, zoning district when the property is
used for heavy equipment repair and/or truck repair, and the property abuts or is split-
zoned with Gateway Commercial (GWC)property.
3. EILUBITS: Ordinance
Is4. RECOMMENDED BY: Planning_Committee
(Committee, Staff,Examiner,Commission, etc.)
5. UNBUDGETED FISCALTSRSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: S
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6K
COMMUNITY DEVELOPMENT
Fred N Satterstrom, AICP, Director
PLANNING SERVICES
K E N T Charlene Anderson,AICP, Manager
WASXINGTON
Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: .TUNE 24, 2003
TO: MAYOR JIM WHITE,COUNCIL PRESIDENT JUDY WOODS AND CITY
COUNCIL MEMBERS
FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER
THROUGH: PLANNING COMMITTEE,LAND USE& PLANNING BOARD
SUBJECT: ZONING CODE AMENDMENT #ZCA-2003-3
AUTO REPAIR&WASHING SERVICES IN M-3 ZONING DISTRICT
SUMMARY: At their May 201h meeting, the Planning Committee recommended approval of the Land
Use & Planning Board's recommendation to amend Kent City Code Sections 15 04 090 and 15 04 100
with Option 2 "Split-zoning" as proposed by staff The amendment permits auto repair and N�ashing
services in the M3 zoning district when 1) the property is used also for heavy equipment and truck repair,
and 2) the property abuts or is split-zoned with GWC, Gateway Commercial property Gasoline service
stations are not permitted This proposal was initiated through an application for regulatory reviet% from
Les Schwab Tire Center
BUDGET IMPACT None
MOTION: Adopt Ordinance No approving #ZCA-2003-3 as recommended by the Planning
Committee and the Land Use &Planning Board
BACKGROUND: Heavy equipment and truck repair currently is permitted in the M3 zoning district
however, auto repair and washing services currently are not permitted in that zoning district The City of
Kent histoncally has attempted to minimize the potential for conflict bemeen automobile and truck
traffic This is evidenced by Policy TR4 5 of the Transportation Element of the Kent Comprehensive
Plan, the designation of Kent as a Manufacturing Center per the Countywide Planning Policies, the
purpose statement of the M3 zoning distract, and the City's participation in "The Freight Action Strategy
for Everett-Seattle-Tacoma"or FAST
Finding the proper balance among the location of service and retail uses that suppoi t the manutactin ing
designation, the necessity for unimpeded movement of freight and promotion of safety by reducing
conflicts between automobile and truck traffic can be difficult
The Planning Committee's recommendation allows auto repair and washing services as a principally
permitted use in the M3 zoning district when the M3 property is also used for heavy equipment and truck
repair, and when the M3 property abuts or is split-zoned with Gateway Commercial property The only
location where there is property with these parameters is along 84th Avenue South from approximately S
212th Street on the north to SR 167 on the south The roadway currently provides for the movement of
both truck and auto traffic The SEPA Responsible Official has determined that the impacts associated
with this code amendment are adequately covered in the City of Kent Comprehensive Plan EIS (#ENV-
93-51)
CA\pm S\Permit\Plan'QONECODEAMEND\2003\2030890-2003-3ec doe
Eric Ordinance,Minutes of 5/20/03 Planning Committee&4l28/03 LU&PB,4121/03 Staff Report,Les Schwab application,411103 Later
from Buck&Gordon
Cc Parties of interest
On the long range planning side,most of the efforts will be on the 5-year update of the
Comprehensive Plan, along with the annual plan amendments and periodic, minor updates of the
regulatory codes, and the Critical Areas Ordinance. Included in the planning efforts are
extensive coordination with other City departments and outside agencies, as well as presentation
of documents and reports to the Land Use and Planning Board,Hearing Examiner, and the City
Council, including the Planning Committee.
Zonine Code Amendment#ZCA-2003-1 (KIVA#2030888) Auto Repair as Home
Occupation —Extension of Amortization Period
Charlene Anderson said that Zoning Code Amendment#ZCA-2003-1 was an attempt to give
more time to those folks who had home occupation auto repair operations and were experiencing
difficulty in amortizing that use. On September 18, 2001, the City Council passed an ordinance
prohibiting automotive repair as a home occupation and requiring auto detailers to obtain a
special home occupation permit. After a public hearing,the Land Use and Planning Board
recommended approval of an amendment to the Kent City Code. The amendment extends the
amortization period for auto repair home occupations to October 18, 2004, three years from the
effective date of the initial code amendment that prohibited that type of use. Mr. Jim Knipp
brought forward an annual comp plan amendment talking about changing his particular site that
had a home occupation auto repair to commercial. That was denied This ordinance allows
some further analysis of those sites and others that might be appropriate for commercial
operation.
Tim Clark moved to recommend approval of the #ZCA-2003-1 as recommended by the
Land Use and Planning Board, and to direct the City Attorney to prepare the necessary
ordinance. The motion was seconded by Bruce White. A friendly amendment was made to
send the item to the Consent Calendar. The motion passed 3-0.
Zonine Code Amendment#ZCA-2003-3(KIVA #2030890)Auto Repair and Washing
Services in M-3 Zonine District
Charlene Anderson said this proposal was a result of an application by Les Schwab Tire Center
to allow auto repair and washing services in the M-3 district. They amended their original
application before it went to the Board to address this situation along Central Avenue/84ih
Avenue South. Their site was split zoned between Gateway Commercial, which allows some
retail operation and M-3, which is a wholesale operation and allows truck repair. Les Schwab
Tire Center does both and that wouldn't work with this particular site and the split zoning They
narrowed their request to Gateway Commercial M-3 split zoning and the Board recommended
approval to allow auto repair and washing services when there is a use that's also heavy
equipment and truck repair, and the property is split zoned GWC and M-3. The Board again
recommended approval of the proposed amendment because Central Avenue/84`h Avenue
already allows both truck and auto traffic
Bruce White recommended approval of#ZCA-2003-3 Option 2 "Split-zoning" as
recommended by the Land Use and Planning Board and staff, and to direct the City
Attorney to prepare the necessary ordinance and to bring it to Council on the Consent
Calendar. The motion was seconded by Tim Clark and passed 3-0.
Pe In(&
chose along with the other option of going forward with the land use element update as staff updates
the comp plan.
Jon Johnson MOVED and Deborah Ranniger SECONDED to accept staffs recommendation on ZCA-
2003-1 extending the amortization period for automobile repair home occupations to October 18, 2004,
three years from the effective date of the last ordinance that amended KCC 15 08 040(G)(2). Motion
CARRIED unanimously
#ZCA-2003-3 AUTO REPAIR & WASHING SERVICES IN M3, GENERAL INDUSTRIAL DISTRICT
Ms Anderson stated that this is a request for a zoning code amendment to allow auto repair and
washing services in M3, resulting from an application submitted by Les Schwab Tire Centers
Ms Anderson stated that a letter received from Les Schwab's agent proposes an alteration to their
request, basically to do what staff has proposed as Option 2, to allow this type of operation in M3
properties only when it is adjacent to or split-zoned with Gateway Commercial Ms Anderson stated
that the only Gateway Commercial zoning is along 84`h or Central Avenue from 167 north to about 2121h
Street.
Ms. Anderson stated that typically in an M3 zone, the City has been reluctant to present a conflict
between autos and truck operations In the M3 zone heavy truck repair is allowed, however, auto
repair is not. Ms Anderson stated that there are several goals and policies as well as strategies that
the city has used to prevent these conflicts from occurring She stated that in light of the fact that this is
a limited use and the suggestion in the Les Schwab case is to allow this use basically only with those
properties that abut Central Avenue Staff agrees the conflict between heavy truck and autos would not
be as great.
Ms Anderson stated that both heavy trucks and autos use 841h Avenue South She stated that the
options presented in the staff report are 1) No change 2) Allowing auto repair and washing services as
a permitted use when the split-zoning or the adjacency occurs and 3) allowing them in all M3 zoning
districts only as an accessory use and by a conditional use permit Ms Anderson stated that staff does
not recommend Option 3 as it opens up the entire M3 zoning district and because of the policies and
goals and our Manufacturing designation in the County-wide Planning Policies for M3 zoning, staff did
not believe this option to be appropriate
Ms. Anderson entered the letter from Molly Lawrence with Les Schwab Tire Center for the record as
Exhibit #2.
Chair Ron Harmon declared the Public Hearing Open
David Gibson, 62158 Cody Junior Road, Bend, OR with Les Schwab Tire Centers extended his
thanks to both the Land Use and Planning Board and City staff for the opportunity to craft language that
fits within the City's objectives for permitting economic development and does not adversely impact
residents and other businesses. Mr Gibson asked the Board to consider supporting the compromise
that staff has worked on with Ms. Lawrence, along with Option 2 as recommended by staff
Mr Gibson stated that Les Schwab's proposal benefits the residents and businesses of Kent and is
consistent with the use of 840' as it is today
Steve Dowell abstained from voting on this issue as the current Les Schwab facility is his good
neighbor and he would not want to cause any feelings of conflict
Molly Lawrence, Buck and Gordon, 1011 Western Avenue, Suite 902, Seattle, WA 98104 stated
that the site in question shows that there is a split in the zoning of this property She stated that when
Construction Machinery bought the property they treated the two separate lots as one lot and built a
building over the top of that property line Ms. Lawrence stated that it creates this unfortunate split,
Land Use and
Planning Board Minutes
2D0i
where we can have retail sales and service in the forward Gateway Commercial portion of the property
but we cannot have it in the M3 zone and at the same time we can have truck repair in the M3 zone but
we cannot do auto repair in the M3 zone.
Ms Lawrence stated that the use on this site meets the City's Comprehensive Plan objectives. She*
stated that the Comprehensive Plan has two policies in particular LU-16 and ED 4 5 which do not allow
the Invasion of retail Into the Industrial area. Ms. Lawrence stated that this proposal creates a nice
transition between the Gateway Commercial and the Industrial by having a use that meets both zones
needs and at the same time is limited to the 841h Street Corridor so that you will not be Introducing
additional auto traffic into the M3 zone.
Deborah Ranniger MOVED and Jon Johnson SECONDED to close the Public Hearing. Motion
CARRIED.
Deborah Ranniger MOVED and Jon Johnson SECONDED to accept Staffs recommendation of Option
#2 for ZCA-2003-3 Motion CARRIED
Mr Malik arrived as discussion began on #ZCA-2002-2
#ZCA-2002-2 NCC NEIGHBORHOOD CONVENIENCE COMMERCIAL
Planner Kim Marousek stated that staff has been looking at modifying allowed uses within the
Neighborhood Convenience Commercial (NCC) zoned properties to allow existing uses to continue to
legally operate
Ms Marousek stated that staff proposed two options
Option 1 No Change
Option 2 Allows accessory drive-up/drive-through facilities when they are an accessory use and only
by a conditional use permit. This option requires developers to be sensitive in their development to the
surrounding neighborhood in terms of the type of commercial developments they choose to build
Ms Marousek stated that these accessory uses would be attached to a principally permitted use in the
NCC zone such as financial real estate insurance services, laundry, dry-cleaning, salons and shoe
repair.
Ms Marousek stated that the City has 8 NCC nodes consisting of 20 parcels and 38 acres, a majority
of those properties annexed into the City with existing businesses She stated that there are distinctive
differences between what is permitted in the NCC zone and other commercial zoning districts such as
Community Commercial (CC) and General Commercial (GC) Ms Marousek stated that the main
commercial zoning strips are located along 104th, Pacific Highway and the downtown area
Ms Marousek stated that through Board workshops and discussions with the public, tension has grown
in terms of what the City desires concerning maintaining a distinction between the different commercial
zones and the desire of property owners to develop their property to a different type of commercial use.
Ms Marousek stated that NCC property is generally surrounded by residential uses and the properties
do not lend themselves to blanket zoning She stated that the NCC properties are different in terms of
where they are located, their existing uses and the scarcity of NCC zoned property
Ms .Marousek stated that staff would like the Board to consider setback reductions so buildings may be
moved closer to the street, allowing for placement of parking behind buildings with pedestrian
connections from the street to the building These types of development standards make these
developments more compatible with the surrounding residential uses Ms. Marousek stated that as the
code exists today, there is no distinction in development, landscape or signage standards among NCC,
Land Use and Planning Board Minutes
COMMUNITY DEVELOPMENT
Fred N Satterstrom,AICP, Director
PLANNING SERVICES
K E N T Charlene Anderson,AICP,Manager
W.s.i.cro. Phone 253-85&5454
Fax. 253-856-6454
Address 220 Fourth Avenue 5
Kent, WA 98032-5895
DATE: APRIL 21,2003
TO: CHAIR RON HARMON AND MEMBERS OF THE LAND USE AND
PLANNING BOARD
FROM: CHARLENE ANDERSON, AICP,PLANNING MANAGER
SUBJECT: AUTO REPAIR AND WASHING SERVICES—ZONING CODE
AMENDMENT#ZCA-2003-3lKIVA#2030890
LUPB Public Hearing April 28, 2003
INTRODUCTION: Les Schwab Tire Center submitted an application for zoning code text
amendment to permit auto repair and washing services in the M3, General Industrial, zoning
district Heavy equipment and truck repair currently is permitted in the M3 zoning district,
however, auto repair and washing services currently are not permitted in that zoning district. In
an April 13, 2003 letter to the Land Use & Planning Board, the applicant's attorney suggested an
application modification to permit auto repair and washing services in the M3 zoning district
when the property abuts or is split-zoned with GWC,Gateway Commercial property
BACKGROUND: The City of Kent historically has attempted to minimize the potential for
conflict between automobile and truck traffic. Policy TR-4.5 of the Transportation Element of
the Kent Comprehensive Plan states, "Limit heavy, through truck traffic to designated truck
routes in order to reduce its disruptive impacts" Furthermore, the M3 zoning district lies within
Kent's Manufactunng Center, as designated in the Countywide Planning Policies The purpose
of the M3 zoning district includes discouraging nonindustrial uses from locating in the district,
in accordance with the Manufacturing Center designation Countywide Planning Policy No. LU-
52 regarding Manufacturing/Industrial Center includes the following, "Limit the size of offices
and retail unless as an accessory use"
The City also participates in"The Freight Action Strategy for Everett-Seattle-Tacoma"or FAST.
According to their web site,"FAST is working to streamline the movement of freight through the
central Puget Sound region of Washington State . Since 1996, the FAST partnership has studied
freight movement via rails, roads and shipping ports to develop projects that move freight more
efficiently and increase safety for cars, trucks and trains. FAST is an innovative partnership
composed of transportation agencies, ports, cities, economic development organizations,
trucking, rail and business interests "
Finding the proper balance among the location of service and retail uses that support the
manufacturing designation, the necessity for unimpeded movement of freight and promotion of
safety by reducing conflicts between automobile and truck traffic can be difficult
•
OPTIONS: Several options may be considered regarding the application for zoning code text
amendment,among them the following:
1. No chanee
Existing regulations do not allow auto repair and washing services in the M3,General
Industrial zoning district This helps to reduce conflicts between truck and auto
traffic. On the other hand, those who work in the industrial area need to travel
elsewhere to have their autos repaired and serviced
Code Amendment Details. No change
2 Split-zonine
Allow auto repair and washing services as a principally permitted use in the M3
zoning district when the M3 property is also used for heavy equipment and truck
repair, and when the M3 property abuts or is split-zoned with Gateway Commercial
property.
The only location where there is property meeting these parameters is along 84`h
Avenue South from approximately S. 2121h Street on the north to SR 167 on the
south The Gateway Commercial zoning district allows retail commercial uses
appropriate along major vehicular corridors, i e , 84`h Avenue South. This roadway
also serves as one of the major truck routes for the M2, Limited Industrial, and M3,
General Industrial zoning districts. As the applicant argues, the roadway currently
provides for the movement of both truck and auto traffic
To address some of the Board's concerns expressed at the April 14`h workshop,
outside storage areas are required typically to be screened by fencing and
landscaping. Furthermore, a 15-foot landscaping strip is required for property
abutting East Valley Highway (80 Avenue South) from S. 180`h to SR 167. Earth
berms and landscaping are required to screen dock-high loading areas from public
rights of way. [Reference KCC 15 04 195(51), 15 07 040(C) and (P) ] Gasoline
service stations are not currently a permitted use within the M3 zoning district
Code Amendment Details: Place a "P" in the M3 column for "Auto Repair and
washing services (including body work)" (15.04 090) with a note #21 (15 04100)
that states, "Auto Repair and washing services (including body work) are permitted
only when 1) the property is used also for heavy equipment and truck repair and 2)
the property also abuts or is split-zoned with Gateway Commercial property
Gasoline service stations are not permitted."
3. Accessory Use/Conditional Use
Allow auto repair and washing services (including body work) only as an accessory
use in the M3, General Industrial zoning district, and require a Conditional Use
Permit. Kent City Code 15.02 005 defines accessory use or structure as, "a use or
LUPB Public Heanng 4/28/03
Auto Repair&Washing Services WA•2003-3/KIVA#2030890
Staff Report
Page 2 of 3
structure on the same lot with, and of a nature customarily incidental and subordinate
to,the principal use or structure"
The M3 zoning district permits the manufacture and assembly of automobiles and
permits other fabrication and manufacturing operations. The district allows heavy
equipment and truck repair, and also allows wholesale distribution of automobiles.
This proposed option would allow auto repair and washing services (including body
work) as an accessory use, determined by square footage devoted to the use,
percentage of gross sales, and customarily incidental and subordinate nature to any of
the principally permitted uses. An added requirement, once the accessory nature is
determined, is a conditional use permit. The Kent Hearing Examiner reviews eight
criteria when granting a conditional use permit 1)proposed use is not detrimental to
other uses in district, 2) size of site is adequate, 3) traffic will not unduly burden the
traffic circulation system, 4) performance characteristics are compatible with those of
other uses, 5) adequate buffering is provided from adverse effects of the use, 6)other
uses in the vicinity permit the proposed use to function effectively, 7) proposed use
complies with performance standards,parking requirements and other applicable code
provisions, and 8) other appropriate similar considerations may be applied
Code Amendment Details: Place a "C" in the M3 column for "Auto Repair and
washing services (including body work)" (15 04 090) with a note #21 (15 04 100)
that states, "Auto Repair and washing services (including body work) are permitted
only as an accessory use with a conditional use permit The accessory nature of the
use must first be determined by square footage devoted to the use,percentage of gross
sales, and customarily incidental and subordinate nature to a principally permitted
use"
RECOMMENDATION: Staff recommends Option 2 That option minimizes the potential for
conflict between truck and automobile traffic, supports the Comprehensive Plan and
Manufacturing Center designations, and Freight Action Strategy(FAST). Option 3 opens up our
heaviest industrial district to retail service operations, contrary to the purpose of the district The
City of Kent SEPA Official has determined that no separate threshold determination,pursuant to
SERA, is required Any impacts associated with this proposed code amendment have been
adequately addressed in the City's Comprehensive Plan EIS.
Staff will be available at the April 28th public hearing to present this proposal and answer
questions.
CA\pm S\PennutPlan\ZONECODEAMEND12003\2030890-2003-31upbph doc
Enc Code Text Amendment Application-Les Schwab Tire Center
4/13/03 Letter from Buck&Gordon
cc Fred N Satterstrom,AICP,CD Director
Charlene Anderson,AICP,Planning Manager
David Gibson,Les Schwab Tire Centers,646 NW Madras Highway,Pineville,OR 97754
Molly A Lawrence,Buck&Gordon LLP, 1011 Western Ave,Ste 902,Seattle, WA 98104
Project File#ZCA-2003-3/KIVA 2030890
LUPB Public Hearing 4/28/03
Auto Repair&Washing Services ZCA-2003-3/KIVA#2030890
Staff Report
Page 3 of 3
Planning Services
Location: 400 W.Gift Mad to.220 4th Avenue South • Kent,WA 98032-
KE O T Permit Center(253)856-5302 FAX:(253)856-6412
PLANNING SERVICES Code Text Amendment
FILL OUT I N Public NotieeABoard
plica ion FseeO Woo
BLACK INK ONLY
Application #: ZCC-1 _ aCr-)3- KIVA , Pi% Q6 -?d Q
OFFICE USE ONLY OFFlCE USE WILY
Application Name: 1_�_S SC'!- 1109A ]E/e C62Z29-c
Code Text Amendment Requested:
S AMENDMENT TO ZONING CODE
❑ AMENDMENT TO SUBDIVISION CODE
❑ AMENDMENT TO MOBILE HOME PARK CODE
❑ AMENDMENT TO OTHER DEVELOPMENT CODE: (Specify)
APPLICANT II: (mandatory)
David Gibson
Name: T.ea Srhwah Tire CPntP-s Daytime Phone:(541 ) 416-5342
646 NW MADRAS Highway
Mailing Address: P_ n- nnx 667 Fax Number: ( 541 ) 416-5374
Clty/State/Zlp: Pi nevi 1 1 e nR 97754 Signature: d'GL a dfs.-oo—C,
APPLICANT 2: (mandatory If different from applicant 1) 4 t1 E I k{J
Name: Daytime Phone:
Mailing Address: Fax Number:
i ::Y
City/State/Zip: Signature:- -I-ANNING SWOCE,
AGENT/CONSULTANT/ATTORNEY:(mandatory if primary contact is different from applicant)
Molly A. Lawrence
Name: n,,,k r. r. rAnn TTD Daytime Phone: (?.o6) 3A2-954o
Mailing Address: loll western Ave. , Ste 902FaxNumber. (206) 626-0675
City/State/Zip: Seattle WA 98104 Signature: Zy,�
OFFICE USE ONLY. .
DATEAPPLICATION RECEIVED: RECEIVED BY
DATE APPLICATION COMPLETE: COMPLETENESS REViEW BY:
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Application 15.....5150a
BLACK INK ONLY
Application #: KIVA
p�rEvacma, omc[cu[aar
Application Name:
Code Text Amendment Requested-
® AMENDMENT TO ZONING CODE
❑ AMENDMENT TO SUBDIVISION CODE
❑ AMENDMENT TO MOBILE HOME PARK CODE
❑ AMENDMENT TO OTHER DEVELOPMENT CODE: (Specify)
APPLICANT 1: (mandatory)
David Gibson
Name, T,P% c hw;g'h lrir rpntp^s Daytime Phone:(w ) 416-S142
646 NW MADRAS Highway
Mailing Address: ro a 'an4 f;67 Fax Number -
City/State/Zip: pi„ vile , nu a77s4 Signature:
APPLICANT 2: (monuoioy if dmerant Uom app6oi 1)
Name: Daytime Phone:
Mailing Address: Fax Number.
City/StatefZip: Signature:
AGENT/CONSULTANT/ATTORNEY:(mandatory if primary confect is efiftrOnt from appiranO
Molly A. Lawrence
Name: Sua]r 6 QQa dan T-T•P Daytime Phone: L�,ni;t '49t'7_04an
MailingAddrem. 1011 western Ave. . Ste-902Fax Number_/(/20,6') 626-0675
City/StateMp: Seattle WA 98104 Signature:7l%�""'Y ` _ __—
OFFICE USE ONLY:
DATEAPPUCATION RECEIVED: RECEVED BY:
DATE APPLICATION COMPLETIr CnnIOII'MnpP''LE'ITE'NF$S REVIEW BY.
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ATTACHMENT
Les Schwab Application for Code Text Amendment
March 28, 2003
(1) Which ordinance or regulation are you requesting to be amended or added?
KCC 15 04.090 and KCC 15.40 100 1r' S 1S-1-19 _ I S-Sz-
(2) What do you want to change about the Comprehensive Plan and why?
Les Schwab is not proposing any change to the Comprehensive Plan.
(3) What language revisions to the code text are you requesting and why?
Les Schwab proposes amending KCC 15.04 090 and KCC 15.04.100 to permit auto repair and
washing services in the M3/General Industrial zone,provided that such auto repair and washing
services occur only on lots also used for heavy equipment and truck repair This will require
inserting a "P" on the City's service land use matrix,KCC 15 04.090, at the intersection of the
M3/General Industrial zone column and the auto repair and washing services use row In
addition, a new section will need to be added to KCC 15 04 100 limiting auto repair and washing
service uses to those properties also used for heavy equipment and truck repair. Les Schwab has
attached a redlined version of KCC 15.04 090 and KCC 15 04 100 to illustrate the proposed
change
Les Schwab is requesting this proposed code change to enable it to operate a combination auto
and truck tyre sales and installation store at 22101 84th Ave S The property is currently
improved with a 20,000 sq/ft, two-story building and a 4,000 sq/ft storage shed, both constructed
in 1998, to house Construction Machinery, Inc., a construction equipment repair business
Unfortunately,Construction Machinery, Inc., has since gone out of business, leaving the
property vacant for the past year
The existing buildings are ideal for Les Schwab's operation. It is our understanding that when
previously in operation, the eastern third of the main building was used for retail part sales,
office and warehouse space, and the western two-thirds of the main building was used as service
bays for equipment and truck repairs. Les Schwab would like to continue the retail sales
component in the eastern third of the building and use the western two-thirds of the building for
tire installation and other tumor service for trucks and passengers cars. Les Schwab would use
the large shed for service on larger trucks.
Unfortunately,under current zoning restrictions, Les Schwab may not use the property as
proposed. The property is split zoned. See attached map. The eastern third of the property
along 84th Ave. S. is zoned GWC/Gateway Commercial,while the western two-thirds is zoned
M3/General Industrial. As a result of this zoning combination, Les Schwab may sell its tires on
GWC portion of the property, may install tires and other replacement parts on heavy tracks on
the M3 portion of the property,but may not currently install tires and other replacement parts on
passenger vehicles on the M3 portion of the property.
Y\WPLLM SCHWARWAAL COME AMENDMENT ATAMVN D
If approved, the proposed code amendment will enable Les Schwab to continue to use the eastem
third of the property, zoned GWC, for retail sales as permitted, and the western two-thirds of the
property, zoned M3, for installation of tires for heavy trucks and passenger vehicles and
installation of other ancillary products for passenger vehicles.
(4) What are the effects or impacts related to the proposed amendment?
(a) How is the proposed amendment consistent with the applicable Comprehensive
Plan goals and policies?
The Comprehensive Plan calls for a mix of land uses in industrial areas that are compatible with
and provide services to surrounding manufacturing, industrial, and warehouse uses (See
Comprehensive Plan, Policy LU-16.2 & 16 4, pp. 4-21 -4-22). The proposed amendment would
enable a company like Les Schwab that provides services to heavy truck customers,also to
provide services to individuals who work in Kent's industrial and manufacturing districts
Further,the proposed combination of uses acknowledges the practical reality of providing
services to mdustnal and manufacturing companies in the face of current economic times. For
example, the 84th Ave. S. property that Les Schwab is currently pursuing was formerly operated
by Construction Manufacturing, Inc , which served manufacturing and industrial companies
After only a few years (1998 to 2002), Construction Manufacturing, Inc apparently found this
business model to be economically infeasible and closed up shop
To enable Les Schwab and others like Les Schwab to provide essential services to their
manufacturing and industrial clients while remaining economically viable, they must be
permitted to supplement their commercial customer base with individuals, many of whom will
likely be the employees of Les Schwab's corporate customers or truck drivers looking for
services for their passenger vehicles. (See Comprehensive Plan, Policy ED-4 5, p. 12-6 ) In fact,
if passenger vehicle service is not permitted in combination with heavy truck repair,Les Schwab
simply will not be able to open its proposed store because serving manufacturing and industrial
clients exclusively is not financially viable. They need to be able to supplement their
commercial clients with income from passenger vehicle customers for the store to be profitable.
In addition, the proposed amendment is consistent with several of Kent's Planning Goals. For
example, Kent's Planning Goals call for the efficient use of urban land and the consolidation of
high-intensity uses in high-density areas. (See Comprehensive Plan,p. 3-5). The proposed
amendment will accomplish this goal by consolidating high-impact vehicle repair and service
uses on industrial lands,thereby reducing the demand for such services on other lower-density or
lower-intensity properties. In addition, the proposed expansion of uses permitted in the M3 zone
will not necessitate constructing additional transportation infrastructure. To the contrary,the M3
zone is already served by superior transportation infrastructure designed to accommodate heavy
vehicles at high volumes. This infrastructure can easily accommodate passenger vehicles, most
of which already travel these roads as employees of the surrounding industrial and
manufacturing companies. (See Comprehensive Plan, p. 3-5)
Y%WM"SCRWA37 CM"E"MEW ATfACM1.1FNfD
2 of 4 Havre
(b) What is the public necessity and/or convenience that requires this amendment?
The proposed amendment will enable Les Schwab to make use of a property and buildings that
have been vacant for nearly a year and otherwise would likely remain vacant due to the
difficulties presented by the split zoning of the subject property.
In addition, the proposed amendment will provide individuals, many of whom work in Kent's
industrial core, opportunities to obtain both truck and auto service in the immediate vicinity of
their jobs With regard to Les Schwab's proposed 84th Ave S. site, current zoning would permit
these individuals to purchase parts from this site,but would require them to take the parts
elsewhere for installation. The proposed amendment would allow these individuals the added
convenience of installation at the same site.
(c) What significance will the proposed amendment have to the community?
The proposed amendment will provide greater opportunities for Kent businesses and residents to
obtain a combination of auto and truck repair services,while at the same time limiting the impact
of these activities on the community by consolidating the activities on higher-intensity, industrial
properties within the City.
In addition,the proposed change will enable companies like Les Schwab to meet the demands of
their manufacturing and industrial clients in Kent Put simply,based on Les Schwab's financial
modeling, there is not enough truck-only business in Kent to warrant opening a truck-only tire
sales and installation store. When permitted to supplement truck repair services with passenger
vehicle services,however, opening a store that serves manufacturing and industrial clients for
their heavy truck repair needs becomes economically feasible.
(d) What effect will the proposed amendment have on related ordinances,
regulations and development standards?
Les Schwab has narrowly tailored the proposed text amendment to minimize the impact on other
ordinances, regulations and development standards. By restricting auto repair uses in the N13
zone to properties that are also used for heavy equipment and truck repair, Les Schwab has
ensured that this newly permitted use will not be incompatible with existing or other permitted
uses in the M3 zone. We are not aware of any impacts on related ordinances,regulations or
development standards at tlus time
(e) What impact with the proposed amendment have on:
(1) the health, safety and general welfare of the public;
The proposed change should not negatively impact the health or safety of the public. In fact, it
may have the incidental benefit of consolidating higher impact auto and truck repair uses onto
industrial properties, rather than commingling such uses with lower impact retail and service
uses in commercial zones.
Y\WP1LF3 SCHWABI NA CME AM NOMCM At AC ME U C
With regard to public welfare,the proposed change will provide additional opportunities for
Kent businesses and residents to obtain convenient truck and auto repair services within the
City's industrial employment core.
(2) the city design;
The proposed change should not have any impact on city design Les Schwab is proposing a
very narrow change designed to allow a single business to provide both heavy equipment and
truck repair services and passenger vehicle repair services on the same site. This proposed
change would permit a less intense land use within the M3 zone However,because the less
intense auto repair use may only be permitted in conjunction with heavy truck repair,the
addition of this lesser intense use will not be incompatible with the M3 zone. Moreover,by
permitting the combination of truck repair and auto repair services in the M3 zone, the
amendment attempts to ensure the continued existence of heavy truck repair businesses in Kent's
industrial areas that could not otherwise survive economically if their customer bases were
limited to industrial and manufacturing clients.
Further, the appearance of the M3/General Industrial zone should not be noticeably altered, as
few modifications will need to be made to properties currently used for heavy equipment and
truck repair to accommodate the addition of passenger auto services.
(3) development interests;
The proposed change will allow Les Schwab to operate a combination auto and truck tire sales
and installation business along 84th Ave S It will allow the reuse of a building constructed
approximately five years ago, which currently sits vacant. This type of development and reuse is
vital in this time of otherwise declining or stagnant development.
(4) neighborhoods;
The proposed change affects only the M3/General Industrial zone. As a result, Les Schwab does
not anticipate any impacts on neighborhoods.
(5) environmentally sensitive areas.
Les Schwab does not anticipate any impacts on environmentally sensitive areas.
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G o rt A o n LLP 10 waterfront Place
011 Western Avenue
Attorneys at Law Seattle,WA 98104-1097
206-382-9540
206-626-0675 Fax
wwwbuckgordon coin
April 13, 2003
Va EMAIL andNAMDDEL/VERY
Land Use and Planning Board
City of Kent Planning & Services
220 4th Ave S
Kent, WA 98032
Re Les Schwab's Proposed Code Text Amendment
Dear Board Members
Buck & Gordon represent Les Schwab with regard to its application to amend Kent's
Zoning Code to permit auto repair and washing services in the M3 General Industrial when
conducted on a lot also used for heavy truck and equipment repair Les Schwab submitted its
application on April 4, 2003 Since then, we have had an opportunity to discuss this proposed
text amendment with Charlene Anderson, the City's Planning Manager, and to review a memo
prepared by Ms Anderson to each of you regarding the proposal Based on Ms Anderson's
memo, we understand that the Land Use and Planning Board may have concerns regarding the
interface of passenger vehicles with heavy trucks on Kent's industrial roadways This letter is
intended to allay your concerns and to offer an alternative that should both respond to your
anticipated concerns and achieve Les Schwab's goal
As Les Schwab's application indicates, it is proposing this code text amendment to
enable it to open a store at 22101 84th Ave S , which would provide tires sales and installation
services to a combination heavy truck and passenger vehicles Les Schwab currently operates
137 stores in Washington Ninety (90)to 95% of Les Schwab's stores serve this dual function,
providing sales and services both to commercial and individual/retail customers Although we
acknowledge your concerns regarding interfacing passenger vehicles with heavy truck traffic,
our practical experience has demonstrated that these vehicles can and do successfully share
the roadways and service areas In fact, Les Schwab's largest store in Washington is located in
an industrial zone in Longview along a major industrial roadway This store has operated
without incident for several years
Here, by comparison, Les Schwab's proposed store site is along 84th Ave S The 84th
Ave S corridor is zoned Gateway Commercial The Kent Zoning Code permits a variety of
retail uses along this corridor Based on these uses, it can be inferred that the City previously
determined that 84th Ave. S. is an appropriate roadway for use by both passenger vehicles and
heavy trucks Consequently, Les Schwab's proposed store should not trigger any unintended
interface between heavy trucks and passenger vehicles.
Y MRLES SCHWAMEtMLTR TO PC 04 13-03 DOC
Land Use & Planning Board - 2- April 13, 2003
As a way of responding to your anticipated concerns, we would like to propose a
potential solution Les Schwab would be willing to modify its application to request that the
City permit auto repair and washing services only on M3 General Industrial properties that abut
or are split zoned with properties zoned GWC. By doing this, we would ensure that the only
road impacted by this change would be 84th Ave. S.,which the City has previously recognized
is appropriate for both passenger vehicles and trucks
I will be attending the Land Use and Planning Board Workshop on Monday evening
Although I recognize that public participation is not permitted during this Workshop, I would
welcome the opportunity to respond to any questions or concerns that any of the Board
Members may have before or following the Workshop I can be reached by telephone at 206-
301-4125 or by email at mlawrence@buckgordon com Thank you in advance for your
consideration.
Very truly yours,
Molly A Lawrence
MAL.MAL
cc David Gibson, Les Schwab 11911
V\WPUES SCHWABWENTUR TO PC 04-13-03 DOC
ORDINANCE NO.
AN ORDINANCE of the city council of the city of
Kent, Washington, amending sections 15 04.090 and
15 04.100 of the Kent City Code, permitting auto repair and
washing in the M3, General Industrial, zoning district when
the property is also used for heavy equipment repair and/or
truck repair, and abuts or is split-zoned with GWC,
Gateway Commercial property
WHEREAS, Les Schwab Tire Center filed an application for a zoning
code amendment (ZCA 2003-3, KIVA #2030890) to permit auto repair and washing
services in the M3, General Industrial, zoning district; and
WHEREAS, after providing appropriate public notice, the city held a
public hearing on this modification proposal at the regular land use and plamung
board meeting held on April 28, 2003, and
WHEREAS, the planning committee considered this matter at its
regularly scheduled meeting on May 20, 2003, and
i
WHEREAS, the city council desires to amend sections 15 04 090 and
15 04 100 of the Kent City Code, to permit auto repair and washing in the M3,
General Industrial, zoning district when the property is 1) also used for heavy
1 Auto Repair and Washing
Section 15.04.090 and 15.04.100
equipment and truck repair, and 2) the property abuts or is split-zoned with GWC,
Gateway Commercial property, and
WHEREAS, on April 23, 2003, the city provided the required sixty
(60) day notification under RCW 36 70A.106 to the state of Washington of the city's
proposed amendment to the uses allowed in the M3, General Industrial, zoning
i
district; and
WHEREAS, the sixty (60) day notice period has lapsed, NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1. —Amendment Section 15.04.090 of the Kent City Code
is amended as follows-
2 Auto Repair and Washing
Section 15.04.090 and 15.04.100
Sec. 15.04.090. Service Land Uses.
Zomml Districts
Key
P—Principally Permitted Uses —S—Special Us" 5 E 'n_ S
C—Conditional Uses — v ++ o c O E —
A—Accessory Uses 6 'o 'o " ? W rr�
F E D W v K -
`c E E o E w c F° Fo a. U° C
y o o A o c 9 A E 2 n E 5 5 A E
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6 < C in y h y h ry e .cl — Z c o 0 U U u u c a c E v U
ry q oe G F F U G` 2 U U U E U _: 1. U
— v z z z rt z z ti C o: z a tie x! U Ulz1 U O a ry n 3
6 Q .Z U O f E f F 0
Finance,Insurance,real<state P P P P P P P P P P
services (1) (2) (3)
112)
Personal services Laundry,dry P P P P P P C P P( P P
cleaning,barber,salon,shoe repair, (12) (10) 10) (2) (J)
laund<rctt" (10)
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
Business services,duplicating and P P P P P P P P P
blue pcladug,travel agencies and (12) (2) (3)
employment age:.
Building maintenance and pest control P P P P P P
12)
Outdoor Storage(including truck P P A A A A A P
heavy equipment and contractor C
storage yards as a0awed by (9)
Development Standards Sections
IS 04 190&IS 04 210)
Rental and leasing services for can, P P P P P P
trucks,trailers,furniture and tools (2)
Auto repair and washing services C P P P P P C
(including body work) (21) (S)
Repair services Watch,TV, P P P P P P P P P
electrical,dectrouic,upholstery (12) 1 (2) (3)
Professional services Medical,climes P P P P P P P P P P
and other health can related services (2) (3)
Heavy Equipment and Truck Repair P P P C P
(9)
Coattail Coustruahou Service P P P P P P P P P
OfficesBuilding comtrucdon, (16)(16) (17) (17) R) (J)
plumbing,paving and landscaping (17)
Educational Servims vocational, P P P P P P P P
trade,art,music,dancing,barber (2) (3)
and beauty
Church" S S S S S S S S S S S S S S S S S S S S
(4) (4) (4) (4) (O (4) (4) (4) (A (4) (4) (4) 1 (4) (4) (4) 1 (4) (4) (4) (4)
Admbdatradve and professional P P P C P P P P P P P
offices—general (12) (2) (3)
Municipal uses and bulldlaq P P P P P P P P P P P pip
(13) (13) (13)(13)(13) (13)(13) (13) (13) (2) (13) (13)
ft I I I 1 1 (I3)
3
Zoning Districts
Key
-Principally Permitted Uses S E
S—Special Uses
C=Conditional Uses `y V u ° °_ a 5
A—Accessory Uses `?
'S c V Ca E b
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Research.development and testing P P P P P P P
(2) pa)
Planned Development Retail Sales (CO
Accessory ma and buildings A A A(T) 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 118)(18)(19)(19) (IS)(18)(18) (15)
permitted at
Boarding kennels and breeding C C C
establishment,
Veterinary choir and veterinary C P P P P C P
hospitals (a) BI B) (81 (11)
Administrative or esecutive offices P P P P P
which an part of a predominant
industrial operation
Offices incidental and necessary m the A A A A A
conduct of a principally permitted we
4
SECTION 2. —Amendment. Section 15.04 100 of the Kent City Code
is amended as follows
Sec. 15.04.100. Service land use development conditions.
1 Banks and financial institutions(excluding dnve-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
KCC 15 08 020
5 Excluding auto body repair
6 Retail sales are permitted as part of a planned development where at i
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.
7. 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
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
indoors, 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 M3 zone may be
permitted in the M2 zone via a conditional use permit.
5 Auto Repair and Washing
Section 15.04.090 and 15.04.100
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
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. Pedestnan-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 character as the above permitted uses and in accordance with the
stated purpose of the district, pursuant to KCC 15 09 065, Interpretation of uses.
13 Except for such uses and buildings subject to KCC 15 04 150
14 Conducted in conjunction with a principally permitted use.
6 Auto Repair and Washing
Section 15.04.090 and 15.04.100
15. Accessory uses shall not include vehicular drive-through, drive-in or
I
service bay uses.
16. Contract construction services office use does not include contractor
storage yards, which is a separate use listed in KCC 15 04 040
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.
21 Auto repair, including body work, and washing services are permitted
only under the following conditions
a the property is also used for heavy equipment repair and/or truck
repair, and
b. the property abuts or is split-zoned with real property in the
Gateway Commercial district
Gasoline service stations that also offer auto repair and washing services are not
permitted in the M3. General Industrial zoning district
SECTION 3. — Savinns The existing sections 15 04 090 and
15.04 100 of the Kent City Code, which are amended by this ordinance, shall remain
in full force and effect until the effective date of this ordinance
SECTION 4. —Severabihty 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 portions of this ordinance and
the same shall remain in full force and effect
7 Auto Repair and Washing
Section 15.04.090 and 15.04.100
SECTIONS. —EFfectrve Date This ordinance shall take effect and be
i
in force thirty (30) days from and after passage as provided by law
it
JINI WHITE,MAYOR
ATTEST.
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED. day of July, 2003
APPROVED. day of July, 2003
PUBLISHED: day of July, 2003
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
i (SEAL)
BRENDA JACOBER, CITY CLERK
e iC.vaOrainanrcls a 09aaubReryvwa.hing as
I
8 Auto Repair and Washing
Section 15.04.090 and IS.04.100
Kent City Council Meeting
Date July 1, 2003
Category Consent Calendar
1. SUBJECT: ZONING CODE AMENDMENT, NEIGHBORHOOD
CONVENIENCE COMMERCIAL DISTRICT, ORDINANCE—
ADOPT
2. SUMMARY STATEMENT: Adoption of Ordinance No, amending
sections 15.04.070, 15.04.080, 15.04.090, 15.04.100, 15.04.190, 15.04.195, 15.06.050,
and 15.07.060 of the Kent City Code to permit accessory drive-through facilities,
require design techniques to enhance compatibility between neighborhood commercial
development and surrounding residential uses, and to modify the signage and
landscaping requirements for Neighborhood Convenience Commercial("NCC")
properties.
3. F.YIKJMITS• Ordinance
• 4. RECOMMENDED BY: Planning Committee
(Committee, Staff, Examiner,Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6L
COMMUNITY DEVELOPMENT
Fred N Satterstrom, AICP, Director
PLANNING SERVICES
K EN T Charlene Anderson,AICP, Manager
W/.S NINGTON
Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: JUNE 24, 2003
TO: MAYOR JIM WHITE, COUNCIL PRESIDENT JUDY WOODS AND CITY
COUNCIL MEMBERS
FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER
THROUGH: PLANNING COMMITTEE, LAND USE& PLANNING BOARD
SUBJECT: ZONING CODE AMENDMENT #ZCA-2002-2
NCC,NEIGHBORHOOD CONVENIENCE COMMERCIAL DISTRICT
SUMMARY: At their May 201" meeting, the Planning Committee recommended approval of the Land
Use & Planning Board's recommendation to amend the land use, development standards, signage and
landscaping requirements for properties zoned NCC The revisions would allow accessory drive-through
facilities, (via conditional use permit), and would require design techniques to enhance compatibility
between the commercial development and surrounding residential uses
BUDGET IMPACT None
MOTION: Adopt Ordinance No approving #ZCA-2002-2 as recommended by the Planning
Committee and the Land Use & Planning Board
BACKGROUND: Within the City, there are eight (8) NCC nodes that are comprised of 20 parcels and
about 38 acres of property Vacant parcels account for roughly 2 9 acres and are primarily located on the
West Hill of Kent Prior to their annexation into Kent, some of the parcels, mainly on Kent's East Hill,
were zoned Neighborhood Business by King County, with a Comprehensive Plan designation of
Commercial Out of Center Many of the parcels were zoned NCC upon anneyation into the City to allow
the existing land uses to continue in a legal conforming manner
Recent workshops and conversations with NCC property owners have identified a need to re-evaluate the
permitted uses within the NCC zone Most notably, property owners have expressed a marketing need to
allow drive-up/drive-though facilities Additionally, since the NCC parcels generally abut residentially
zoned properties, there is also a need for development regulations that are more sensitive to surrounding
uses By only allowing drive-through facilities as an accessory use, the NCC zone can still be niaintamed
as primarily a small-scale, pedestrian-oriented commercial zone Further, the additional development
regulations will require that new project proposals are more compatible with the surrounding residential
uses The City of Kent SEPA Official has determined that no separate threshold determination, pursuant
to SEPA, is required Any impacts associated with this proposed code amendment have been adequately
addressed in the City's Comprehensive Plan EIS The specific code amendments recommended by the
Board begin on page 2 The Board also asked staff to consider, during the ongoing updates to the Kent
Comprehensive Plan, amendments to the land use and zoning maps for the NCC-zoned property at Kent
Kangley and 1 16ih Avenue SE
Proposed Amendments to Kent Zoning Code
• Place a "C" in the NCC column for "Drive thru/Dnve up businesses (commercial/retail — other
than eating/drinking establishments) in the "Wholesale and Retail Land Uses" table (15 04 070)
This box should also contain a numerical footnote reference that states, "any drive-up/drive-
through facility shall be accessory to the principal use to which it is attached "
• Add a "P" in the NCC column for Finance, insurance, real estate services with a numerical
footnote in the "Service Land Uses" (15 04 090) NCC column for "Finance, insurance, real
estate services" and for "Professional services. Laundry, dry cleaning, barber, salons, shoe
repair" that could state, "any associated drive-up/drive-through facility shall be accessory and
shall require a conditional use permit"
• Modify table 15 04 190 " Commercial and industrial zone development standards for the NCC
district to reduce the front yard setback from 15-feet to 10-feet, the side yard fiom 8-feet to 5-feet
and the rear yard from 20-feet to 5-feet Add a footnote to the side and rear yard column that
would state "if property abuts a residential zone or use, the minimum yard shall be 10-feet and
shall be fully landscaped" Additional standards would also be added to this table that would
state the following.
1 Parking should be located either next to or behind the building Parking should not be placed
between the street and the building
2 A direct pedestrian connection shall be provided from the street to the building
3 Screening shall be provided for mechanical equipment, service doors and garbage areas with
an enclosure and/or evergreen landscaping Rooftop equipment shall be enclosed with a
parapet or similar design feature
4 Structures shall be designed to maintain the residential character of the surrounding
neighborhood Modulating the building mass, adding dormer windows, covered entryways or
porches are ways to enhance the human scale and provide a residential dimension
• Change the sign code requirements for NCC to be consistent with the Office signage
requirements
• Add the following additional landscape requirements to the NCC zone (15 07 060(M) new
section)
1 Additiotial Landscape Reglareinent Landscaping requirements shall include the following
a A landscape strip of at least ten (10) feet shall be provided in the front yard If a drive or
parking aisle abuts the front yard, the required landscaping shall be augmented by an
earth berm of at least thirty-six(36)inches in height
b A landscape strip of at least five (5) feet in depth shall be provided along the side
property lines of all independent development sites No landscaping along the side
property lines shall be required between adjacent properties where a common, shared
driveway with a perpetual cross-access easement is provided to serve the adjoining
properties Where the side property line of a commercial use abuts a residential district
or use, a landscape strip of at least ten(10) feet shall be provided
c A landscape strip of at least ten (10) feet in depth shall be provided along side property
lines flanking the street of a corner lot Where vehicular drive aisles or parking areas
abut the required side yard, an earth berm of at least twenty-four (24) inches in height
shall be provided
d A landscape strip of at least five (5)feet in depth shall be provided along all rear property
lines. Where the rear property line of a commercial use abuts a residential district or use,
a landscape strip of at least ten (10) feet shall be provided
CA\pm S\Permit\Plan\ZONECODEAMEND\2002\2022899-2002-2cc doc
Enc Ordinance,Minutes of 5/20/03 Planning Commute&4/28/03 LU&PB,4/21/03 staff Report
Cc Parties of Interest
Zonine Code Amendment#ZCA-2002-2 (KIVA#2022899) NCC, Neighborhood
Convenience Commercial District
Principal Planner Kim Marousek said that there were eight NCC nodes comprised of 20 parcels
and about 38 acres of property within the City of Kent. Most of the properties, especially on the
East Hill, were existing commercial uses when they were annexed into the City and the NCC
zone was applied to them in order for the businesses to continue to legally exist. Within the
various commercial designations of neighborhood commercial, community commercial, and
general commercial,there are distinctions within the uses that are permitted on each zone.
Recent workshops and conversations with NCC property owners have identified a need to re-
evaluate the permitted uses within the NCC zones to allow drive-through or drive-up facility
properties. The revisions would allow the accessory dnve-through facilities via conditional use
permit and would require design techniques to enhance compatibility between the commercial
development and the surrounding residential areas.
Tim Clark recommended approval of#ZCA-2002-2, Option 2 as recommended by the
Land Use and Planning Board and staff, and to direct the City Attorney to prepare the
necessary ordinance and deliver both to the Consent Calendar. The motion was seconded
by Bruce White and passed 3-0.
The meeting adjourned at 3.46 PM.
Jackie Bicknell
Council Secretary
Po min 51ZOIO3
where we can have retail sales and service in the forward Gateway Commercial portion of the property
but we cannot have it in the M3 zone and at the same time we can have truck repair in the M3 zone but
we cannot do auto repair in the M3 zone.
Ms. Lawrence stated that the use on this site meets the Clty's Comprehensive Plan objectives. Shp
stated that the Comprehensive Plan has two policies in particular LU-16 and ED 4 5 which do not allow
the Invasion of retail Into the industrial area. Ms. Lawrence stated that this proposal creates a nice
transition between the Gateway Commercial and the Industrial by having a use that meets both zones
needs and at the same time is limited to the 841h Street Corridor so that you will not be Introducing
additional auto traffic into the M3 zone.
Deborah Ranniger MOVED and Jon Johnson SECONDED to close the Public Hearing Motion
CARRIED
Deborah Ranniger MOVED and Jon Johnson SECONDED to accept Staffs recommendation of Option
#2 for ZCA-2003-3 Motion CARRIED
Mr Malik arrived as discussion began on#ZCA-2002-2
#ZCA-2002-2 NCC NEIGHBORHOOD CONVENIENCE COMMERCIAL
Planner Kim Marousek stated that staff has been looking at modifying allowed uses within the
Neighborhood Convenience Commercial (NCC) zoned properties to allow existing uses to continue to
legally operate.
Ms Marousek stated that staff proposed two options-
Option 1• No Change
Option 2 Allows accessory drive-up/drive-through facilities when they are an accessory use and only*
by a conditional use permit This option requires developers to be sensitive in their development to the
surrounding neighborhood in terms of the type of commercial developments they choose to build
Ms. Marousek stated that these accessory uses would be attached to a principally permitted use in the
NCC zone such as financial real estate insurance services, laundry, dry-cleaning, salons and shoe
repair.
Ms Marousek stated that the City has 8 NCC nodes consisting of 20 parcels and 38 acres, a majority
of those properties annexed into the City with existing businesses She stated that there are distinctive
differences between what is permitted in the NCC zone and other commercial zoning districts such as
Community Commercial (CC) and General Commercial (GC) Ms Marousek stated that the main
commercial zoning strips are located along 1041h, Pacific Highway and the downtown area
Ms Marousek stated that through Board workshops and discussions with the public, tension has grown
in terms of what the City desires concerning maintaining a distinction between the different commercial
zones and the desire of property owners to develop their property to a different type of commercial use
Ms Marousek stated that NCC property is generally surrounded by residential uses and the properties
do not lend themselves to blanket zoning She stated that the NCC properties are different in terms of
where they are located, their existing uses and the scarcity of NCC zoned property.
Ms..Marousek stated that staff would like the Board to consider setback reductions so buildings may be
moved closer to the street, allowing for placement of parking behind buildings with pedestrian
connections from the street to the building These types of development standards make these
developments more compatible with the surrounding residential uses Ms. Marousek stated that as the
code exists today, there is no distinction in development, landscape or signage standards among NCC,
Land Use and Planning Board Minutes
Ap479 zZ3
CC and GC uses Ms Marousek stated that applying stringent requirements with reference to
landscaping and signage within NCC zones, would promote more harmony between the surrounding
residential uses and the neighborhood business.
101 Ms Marousek submitted a letter from Charles Adams with Kent Realty for the record as Exhibit #3
She stated that this letter specifically addressed the property at the southeast corner of 240'" and 116'"
Ms. Marousek stated that Mr Adams is specifically requesting that auto repair and auto services be
allowed as well as opening up the uses to tire shops, espresso stands, fast food and similar uses to be
approved by a conditional use Ms Marousek reiterated staffs position to retain a distinction between
Neighborhood Convenience Commercial, Community Commercial and General Commercial zoning,
citing General Commercial as the highest density commercial zone in the city with auto repair permitted
outright in this zone and only with a conditional use permit in the Community Commercial zone
Ms Marousek stated that staff wants to maintain NCC zones at a neighborhood level by discouraging
types of uses which would generate traffic Increases She stated that the types of uses requested by
Mr. Adams for NCC zoning does not meet the standards or goals in the comprehensive plan for NCC
zoning, as those uses are more auto dependent.
In response to Mr Harmon, Ms Marousek commented on Mr. Adams' desire to see all NCC properties
rezoned to GC stating that her understanding was that the City converted property to CC zoning near
Covington as part of the annual comp plan amendment process In response, Mr Osbome stated that
SR-6 property located off of Kent Kangley was rezoned to CC with a commercial land use designation
Ms. Marousek stated that property owners have the option to pursue a rezone if they wish Ms
Marousek stated staff is looking at maintaining the NCC zone and broadening the allowable uses within
that zone to provide more flexibility for those properties to redevelop, while maintaining a distinction
between the commercial zoning districts
Ms. Ranniger and Mr Malik stated that they would abstain from voting on this subject
Chair Harmon declared the Public Hearing open
Karen Gill-More, 25206 132nd Ave. SE, Kent, WA stated that she has owned the existing Short Stop
Market property for 25 years located on Interstate 516/ Kent Kangaley Road adjacent to the gas station
and convenience store being built at the freeway off ramp at 116 Ms Gill-More stated that the NCC
zoning restriction directly limits the type of business that could be developed on her property.
Ms Gill-More stated that she recognizes the City's need to amend the NCC zoning, but voiced her
belief that each property is unique, therefore the zoning for these properties should be considered on
an individual basis, rather than classified only as NCC Ms Gill-More stated that after meeting with
staff to consider a rezone of her property to CC, she determined that the application would be a costly
enterprise to undertake without some likelihood of obtaining her end result
Mr. Malik excused himself from voting on this item
Ms Marousek stated that Ms Gill-More's property is located near the intersection of Kent-Kangley and
the 116"' exchange from the 277' Corridor as it comes up the hill and fronts on a main arterial Ms
Marousek stated that staff looked at the properties collectively as this is a city wide zoning code
amendment, not specific to one parcel.
Ms. Marousek stated that she has conversed with Ms Gill-More regarding her property and potentially
• rezoning which is an option for her if she wishes to pursue it
In response to Mr Harmon, Ms. Marousek stated that she believes that Option 2 will help all of the
property owners that currently own NCC property.
Land Use and Planning Board Minutes
40 79 mr3
In response to Ms Fincher, Ms Marousek stated that she was unaware of any alternative process that
would benefit Ms Gill-More and exclude her or other property owners from the proposed code revision,
unless the city were to look at those particular properties in a collective manner as part of th
comprehensive plan update
In response to Ms. Fincher, Ms Marousek stated that she is unaware of how Ms Gill-More's property
was zoned when it was in King County, but was zoned NCC at the time of annexation to the City of
Kent.
In response to Mr. Dowell, Ms Marousek stated that staff does not require a specific site plan prior to
an applicant's submittal for a rezone as they are non-project actions and generally blanket rezones
She stated that there needs to be some level of environmental evaluation on the property and some
surveying or site plan that needs to be developed
Mr. Harmon stated that although these amendments are not site specific, staff will consider Mr Knipp's
property for CC commercial zoning as part of the comp plan update process and would like this
consideration extended to Ms. Gill-More's property as well Ms Marousek stated that she believes
those parcels could be Included in the evaluation
Ms Gill-More stated that she would support Option 2, although it generally fits everybody but herself
and would like the opportunity to move on with her property as she deems appropriate
David Malik MOVED and Steve Dowell SECONDED to close the Public Hearing Motion CARRIED
Nicole Fincher MOVED and Jon Johnson SECONDED to accept staffs recommendation of Option 2 for
ZCA-2002-2 NCC Neighborhood Convenience Commercial zoning code amendment to allow drive-
through facilities as an accessory use and only by a conditional use permit Motion CARRIED 0
Ms Anderson stated that due to a State-wide requirement for a 60 day review period, these
amendments will go forward to City Council July 1, 2003
ADJOURNMENT
Jon Johnson MOVED and Nicole Fincher SECONDED to adjourn the meeting Motion CARRIED
Chair Harmon adjourned the meeting at 8.10 p m
Respectfully Submitted,
A«em s
Charlene Anderson, AICP, Planning Manager
Secretary, Land Use and Planning Board
S1PermtlPlanLLUPe1�003 W�nuks1012903mn0oc
Land Use and Planning Board Minutes
COMMUNITY DEVELOPMENT
Fred N Satterstrom,AICP, Director
PLANNING SERVICES
KEN T Charlene Anderson,AICP,Manager
W.s.i.c.a. Phone 253-856-5454
Fax 253-856 6454
Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: APRIL 21, 2003
TO: CHAIR RON HARMON AND MEMBERS OF THE LAND USE AND
PLANNING BOARD
FROM: KIM MAROUSEK, AICP, PRINCIPAL PLANNER
SUBJECT: NCC ZONING CODE AMENDMENT—KIVA 2022899 (gZCA-2002-2)
LUPB Public Hearing April 28, 2003
INTRODUCTION: At their April 14, 2003 workshop, the Board discussed proposed
amendments to the NCC, Neighborhood Convenience Commercial, zoning district use and
development standards. These revisions would allow accessory drive-through facilities, (via
conditional use permit), and would require design techniques to enhance compatibility between
the commercial development and surrounding residential uses. The proposed changes would
also modify the signage and landscaping requirements for NCC properties
Currently, the NCC zone does not permit drive-through facilities Additionally, although NCC
zoned property is generally in close proximity to residentially zoned property, the development
standards are the same as those for both the CC, Community Commercial and GC, General
Commercial zoning districts.
BACKGROUND: Within the City, there are eight (8) NCC nodes that are comprised of 20
parcels and about 38 acres of property Vacant parcels account for roughly 2 9 acres and are
primarily located on the West Hill of Kent. Prior to their annexation into Kent, some of the
parcels, mainly on Kent's East Hill, were zoned Neighborhood Business by King County, with a
Comprehensive Plan designation of Commercial Out of Center. Many of the parcels were zoned
NCC upon annexation into the City to allow the existing land uses to continue in a legal
conforming manner.
Recent workshops and conversations with NCC property owners have identified a need to re-
evaluate the permitted uses within the NCC zone Most notably, property owners have expressed
a marketing need to allow drive-up/drive-though facilities Additionally, since the NCC parcels
generally abut residentially zoned properties, there is also a need for development regulations
that are more sensitive to surrounding uses.
OPTIONS:
1. Option 1•
No Change. Existing regulations do not allow vehicular dive-up/dnve-through
facilities. The code does not distinguish the NCC zone from other commercial zones
relative to development standards, signage or landscaping requirements
Code Amendment Details No change
2 Option 2:
Allow drive-up/drive-through facilities when they are an accessory use and only by
conditional use permit. Expand the development standards for the NCC zone to
require attention to architectural compatibility site design and sensitivity with the
surrounding residential uses.
One concern that was raised by the Board was potential noise generation associated
with drive-up facilities Both the Zoning Code and the Conditional Use process
specifically require the City to evaluate a development proposal for consistency with
the performance standards found in KCC 15 08 050. These standards specifically
address on-site noise generation as well as lighting and glare
Code Amendment Details•
• Place a "C" in the NCC column for "Drive thru/Dnve up businesses
(commercial/retail — other than eatmg/dnnkmg establishments) in the "Wholesale
and Retail Land Uses" table (1504070). This box should also contain a
numerical footnote reference that states, "any drive-up/drive-through facility shall
be accessory to the principal use to which it is attached "
• Add "P" in the NCC column for Finance, insurance, real estate services with a
numerical footnote in the "Service Land Uses" (15 04 090) NCC column for
"Finance, insurance, real estate services" and for "Professional services
Laundry, dry cleaning; barber, salons; shoe repair" that would state, "any
associated drive-up/drive-through facility shall be accessory and shall require a
conditional use permit."
• Modify table 15 04 190 " Commercial and industrial zone development standards
for the NCC district to reduce the front yard setback from 15-feet to 10-feet, the
side yard from 8-feet to 5-feet and the rear yard from 20-feet to 5-feet. Add a
footnote to the side and rear yard column that would state "if property abuts a
residential zone or use, the minimum yard shall be 10-feet and shall be fully
landscaped." Additional standards would also be added to this table that would
state the following.
1 Parking should be located either next to or behind the building. Parking
should not be placed between the street and the building.
LUPB Public Hearing 4/28/03
NCC Zoning Code Amendment ZCA-2002-2/KIVA#2022899
Staff Report
Page 2 of 4
i
2 A direct pedestrian connection shall be provided from the street to the
building.
3 Screening shall be provided for mechanical equipment, service doors and
garbage areas with an enclosure and/or evergreen landscaping Rooftop
equipment shall be enclosed with a parapet or similar design feature.
4 Structures shall be designed to maintain the residential character of the
surrounding neighborhood Modulating the building mass, adding dormer
windows, covered entryways or porches are ways to enhance the human scale
and provide a residential dimension.
• Change the sign code requirements for NCC to be consistent with the Office
signage requirements.
• Add the following additional landscape requirements to the NCC zone
(15 07 060(M) new section)
1. Additional Landscape Requirement Landscaping requirements shall include
the following
a A landscape strip of at least ten (10) feet shall be provided in the
front yard. If a drive or parking aisle abuts the front yard, the
required landscaping shall be augmented by an earth berm of at
lease thirty-six (36) inches in height
b A landscape strip of at least five (5) feet in depth shall be provided
along the side property lines of all independent development sites
No landscaping along the side property lines shall be required
between adjacent properties where a common, shared driveway
with a perpetual cross-access easement is provided to serve the
adjoining properties. Where the side property line of a commercial
use abuts a residential district or use, a landscape strip of at least
ten (10) feet shall be provided.
c A landscape strip of at least ten(10) feet in depth shall be provided
along side property lines flanking the street of a comer lot Where
vehicular drive aisles or parking areas abut the required side yard,
an earth berm of at lease twenty-four (24) inches in height shall be
provided.
d. A landscape strip of at least five (5) feet in depth shall be provided
along all rear property lines Where the rear property line of a
commercial use abuts a residential district or use, a landscape strip
of at least ten (10) feet shall be provided
. RECOMMENDATION: Staff recommends Option 2. By only allowing drive-through
facilities as an accessory use, the NCC zone can still be maintained as primarily a small-scale,
LUPB Public Hearing 4/28/03
NCC Zoning Code Amendment ZCA-2002-2/KIVA#2022899
Staff Report
Page 3 of 4
pedestrian-onented commercial zone. Further, the additional development regulations will
require that new project proposals are more compatible with the surrounding residential uses
The City of Kent SEPA Official has determined that no separate threshold determination,
pursuant to SEPA, is required. Any impacts associated with this proposed code amendment have
been adequately addressed in the City's Comprehensive Plan EIS.
Staff will be available at the April 28th public hearing to present this proposal and answer
questions.
KM\pm S\Permn\Plan\ZONECODEAMEND12002\2022899-2002-2phdoc
cc Fred N Sanerstrom,AICP,CD Director
Charlene Anderson,AICP,Planning Manager
NCC Parties of interest
Project File#ZCA-2002-2/KIVA 2022899
LtTB-Peb}Ie Hearing 4/28/03
NCC Zoning Code Amendment ZCA-2002-2/KIVA#2022899
Staff Report
Page 4 of 4
ORDINANCE NO,
AN ORDINANCE of the city council of the
city of Kent, Washington, amending sections
15 04 070 15.04 080, 15 04 090, 15 04 100,
15.04 190, 15 04195, 15 06 050, and 15 07 060 of the
Kent City Code, regarding the Neighborhood
Convenience Commercial (NCC) zoning district's
land uses, development standards, design techniques,
signage requirements, and landscaping requirements
I
WHEREAS, on April 28, 2003, the land use & planning board held a
public hearing and recommended approval of changes to the Neighborhood
Convenience Commercial (NCC) zoning district's land uses, development standards,
I
design techniques, signage requirements, and landscaping requirements, and
i
WHEREAS, on April 23, 2003, the city provided the required sixty
(60) day notification under RCW 36 70A 106 to the State of Washington of the city's
proposed amendments to the regulations governing the Neighborhood Convenience
Commercial (NCC) zoning district; and
WHEREAS, the sixty(60) day notice period has elapsed, and
I Neighborhood Convenience
Commercial("NCC')
Amendments
WHEREAS, the planning committee considered this matter at the
regularly scheduled meeting on May 20, 2003; and
WHEREAS, the city council desires to amend sections 15 04 070
15.04 080, 15.04 090, 15 04.100, 15.04 190, 15 04 195, 15.06.050, and 15 07 060 of
the Kent City Code, to permit accessory drive-through facilities, require design
techniques to enhance compatibility between neighborhood commercial development
and surrounding residential uses, and to modify the signage and landscaping
requirements for NCC properties; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1. —Amendment Section 15.04 070 of the Kent City Code
is amended as follows.
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2 Neighborhood Convenience
Commercial("NCC')
Amendments
I
Sec. 15.04.070. Wholesale and Retail Land Uses.
Zoning Districts
Ke
Principally Permitted Uses 5 E
=Special Uses =_ m O
C—Conditions[Uses v, O
A=Accessory Uses
G S 'u € c tvi' c t] E 'v—' 15 O �_
y _ °
0 O ❑ ❑ ❑ a w n `
E E v ❑ (]- 0 2 N � � `r' ❑
` = O
C E iY C D >r o E c c m ,°. N U O 0
b C C >, tY tiu. U E E
>. E �. ^. E E D g y E U o
m E LL n m f ` `—. yyc E .a. L T OFF E u o <
eo m 3
E v m a m E E E ;?
m m c c h c c p E O
O N b W ❑ "' V G S d U U ` O U N U L CC C CSf ...1 V U
Q Q Vl (n m ti Vi (n E E f f E 1 Z U ❑ �] U V O E E 21 U
Bakeries and Coofecuooanes P P P P
12)
Wholesale bakery P P
Bulk rated P P P P P
1) I71
Recycling centers C P
Retail Sala of lumber,toots and other P P P
banding materials.including
preassembled products
Hardware,paint,Ide med wallpaper P P P P P P P
(retail[ 11 q (2)
Farm equipment P P
neral merchandise Dry goods,variety P P P P P P
ad departmeal stores(retail) 0 p (2)
Food and moveNexe stores(rem[) P P P P P S P S P
(il) 112) Id) (12) (2)
Automobile,aircraft,moturcyde,boat P P P
and recreational vehnles Sala(retail)
AYlamoir,C aircraft,mtwearcvde and P P P P P P P P
rearmeac<eslones(relail) (13) (13) (5) (2)
(13)
Caaol[rcserncestabom S S S S S 5 S C
(6) (6) (6) (6) (6) 16) (6)
Apparel and accessories(retail) P P P P P P A I P
(19) (11) (a) (2)
Furniture,bome furnishing(retail) 1, P P I, P P P
(11) 1 (2)
Eating and drinlung estabinbmcets(oo P P P P P P P A P P P P
drive-through) (11) (15) (5) (2)
Eating and drinking eslabinhmems(witb S C P S P P
tine-through) (6) (7) (6) (20) RJ)
(20) (20) (20) 1 (20)
Ealing facilities for empiovea A A A A
Planned Development Been Sala C
(14)
Drive thin/Dnve up busmesses p P P P P P
(Sommeruial/read—taker than (gal (20) (20) (20) (20) (20)
eanng/drinking estabn lent.la)
1331
Mwelh aeons remit Special"food, P P P P P P A A P
times,antiques,books.Sporting goods. (21) (Ip (15) (8) (2)
iewelry,nodst,phdo Supplies,video
rental.computer Supplies.ate,
Uquor Wore P P P P P P P
RI �
arm SUPPlies.bey,see ia feed,femm,g, +PP
PPe(Nursrna,granhomes,garden supplies. P P
Imks,etc
3
Zoning Districts
Key
P—Principally Permitted Uses E E
S—Special Uses W w
C-Conditional Uses _
_ 'c � 'n y
A—Accessory Uses E 'o 'o A i '— 6 u u t] E u
V O L L C
ur C y u 0 .c tY '2p E
N T !2G F f U T ot m U V E ^ N
E °T E u E C 5 6 = A C
—
E E v G E a O
W
p v Q a. �. E >, >. E E = o o CEoiE E ❑ m cc [ E
E yyc OFF E �' o
E U y n E = = n
E EFF E E P E a 9 v A v
6 �9 y`' rn in sn rn h F z o 0 8
C F x v
v z z a u U u E u a to in v ti 7 f F E f z U U U o o f f f E V
Pet shops(retail and groomng) P P P
(2)
Computers and electronics(rctail) P P P P P
2)
Hotels and motels P P P P P P
Oq
Complains which include combination,of P P
uses,including a mature of onteq light
manufacturing,storage and conurercial
ned
Outdoor Storage(iseludsng truth.be," P P A A A A A P
equipment and contractor storage yards (19) (19) (19) (19) (19) (19) (19) (19)
as allowed by Developuehi Standards
Sections 15 06 190&15 M210)
Actessor)uses and buildings custotmrily A A A IIA A A A I A A A A A A A A A A I A I A A A
appunemnt to a permitted use (9) (16) (16) (17).(17) (16) (16) (16)
AgncWlumgv related Mail C
R1)
Henllh/Otness club,dance studio P P P P P P
(22) 22)
Grover)imrket P P P P P P
(23) (23)
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SECTION 2. —Amendment Section 15.04.080 of the Kent City Code
is amended as follows-
Sec. 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
KCC 15.08 020
7. Drive-through restaurants, only if located in a building having at least
two (2) stones
8 Accessory uses are only allowed in cases where development plans
demonstrate a relationship between these uses and the principal uses of the property.
5 Neighborhood Convenience
Commercial("NCC")
Amendments
9 Other accessory uses and buildings customarily appurtenant to a
permitted use, except for onsite hazardous waste treatment and storage facilities,
which are not permitted in residential zones
10 Retail uses operated in conjunction with and incidental to permitted
uses, provided, such uses are housed as a part of the building comprising the basic
operations
11. The ground level or street level portion of all buildings in the
pedestrian overlay of the DC district, set forth in the map below, must be retail or
pedestnan-onented Pedestrian-onented 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 I
(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 character as the above permitted uses and in accordance with the
stated purpose of the district,pursuant to KCC 15 09 065, Interpretation of uses
6 Neighborhood Convenience
Commercial("NCC") i
Amendments !
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 KCC 15.08.020
13. Retail sales are limited to tires, batteries and accessones for industrial
vehicle and equipment
14. 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, dnve-in cleaning establishments and other similar retail
establishments are not permitted
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 extenor display or advertising.
16 Includes incidental storage facilities and loading/unloading areas
17 Includes incidental storage facilities, which must be enclosed, and
I
loading/unloading areas.
18 Accessory uses shall not include vehicular drive-through, drive-in and
service bay facilities
19. Reference KCC 15.07 040(C), outdoor storage landscaping
20. Whenever feasible, drive-up/drive-through facilities shall be accessed
i
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 twenty-five (25) percent of the gross sales value of which are grown within
Washington State Up to fifty (50) percent 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
7 Neighborhood Convenience
Commercial("NCC')
Amendments
22 Any dnve-uu/dnve-through facility shall be accessory to the principal
use to which it is attached
SECTION 3. —Amendment Section 15.04.090 of the Kent City Code
is amended as follows:
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8 Neighborhood Convenience
Commercial("NCC'q
Amendments
I
Sec. 15.04.090. Service Land Uses.
Zonent Districts
Key
P-Principally Permitted Uses
S-Special Uses .-
C-Conditional Uses u u ❑ ❑ A ..
A—Accessory Uses o' 'o " = y E
❑' s r e E G
5 ' A -2 n E E
O O rt ❑ c m a E
TN
y O w m v m m � u u E z E E u ❑ 5 ' �_ p ` u ❑
Q J V V 9 V L 9 -2V C Y a U V N y A
E
E E
>, E F E E = a' t` E $ o c o E E E ❑ `m J= c
W N A A EA W' A A .�. C E C W S T U € V V O r Q L 9 C T
.`�, �. _o E E U —fie n A E 3
'u m es eo to 0 m c u _m o m E E E
C C c N C c
00 m (Y N N v) N ,/ ❑ N_ .O ..] z O E Y U
Q Q — N m 4 .o ro ❑ h- F U f 2 LL (� U ❑ W N U
U ri: oG C n: n: rx oG re ar tY C a' x U u f F 0 0 0 N r+ 3
Q Q N N N N N N Z U U U Q O f E U
Finance,insurance,real estate g P P P P P P P P P P
services {22) (1) (2) (3)
(12)
Personal services Laundry,dry P P P P P P C P P( P P
cleamog,barber,salons,shoe repair, (� (12) (10) 10) (2) (3)
lauoder<ttes (10)
Mortuaries P P P C P
(12) 1 1 1 1 1 (3)
Home day can 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 can 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
Business services,duplicating end P P P P P P P P P
blue printing,travel agencies and (12) (2) (3)
emplovment agencies
Building maintenance and pen cooled p p p p p p
(2)
Outdoor Storage(including truck. P P A A A A A P
beavy equipment and contractor C
storage vards as allowed by (9)
Development Standards Sections
15.04 190&15 04 210)
Rental and leasing services for care, P P p P p P
trucks,trailers,furniture and tools (2)
Auto repair and washing servicesC P P P P Is C
(Including body work) (21) (5)
Repair services Watch,TV, P P P P P P P P P
n electrical,electaic,upholstery (12) (2) (3)
Professional services Medical,clinics P P P P P P P P P P
and other health can related services (2) (3)
Heavy Equipment and Truck Repair p p p C p
I9)
Contract Construction Service P P P P P P P P P
Oflicn Bolding construction, (16)(16) (17)(17) (2) (3)
plumbing,paving end landscaping
(17)
Educational Services vocational, p p P P P P IsP
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) l4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) 14)
——— i. 1
Administrative and professional P P P C P P P P P P P
omen—geoenl (12) (2) (1)
Municipal uses and buildings P P P P P P P P P P P P P
(13)(13) (tl)(13) (IS)(13)(13) (IJ)(13) (2) (13) (13)
(13)
9
Zoning Districts
Key
-Principally Permitted Uses Z
S=special Uses - -
C-Conditional Uses L y m ❑ m `c ..
A-Accessory Uses 5
u p sF < c t: ❑ 5 u
b 5 w u 3 i a 9 C E O S
M E E c 1-° F0 pi-- -'' as c U "' & N
C 0 m G o n is E �. c E E c c m E
p hi - - a. - y c w _ w o c = E
EE E u
E u v ai a' u d E
�_ nw' V E E V p y t7 0
Q a T T E T T E E r iE - 9 O O U R —N 9 Y y E S p
E E w E E = _ v U E �° A > > U
ti ii .. .. ° o F E y o a a n v v
.O„ O U 3
o L b m L u v 3
F E EA, C -' .. P
al aU0 .Y. Ne nz qN ND Nm ❑a' No�: bo: Erl S x zV Q O O V V u o C ,Q UC JNE �n, U
% ad c EU V 2 Uo �a a o: re of . 7 Z c, V U U E u3
f f U
Research,development and testing P P P P P P P
(2) (1a)
Planned Development Retail Saks C
(a)
Accessory uses and buildings A A A(7) 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 appurtemat to a (IB) (18)(19) (19) (I8) (18) (18) (15)
permitted use
Boarding keonels and breeding C C C
establishinenb
veterinary clinics and veterinary C P P P P C P
hmpluls (8) (a) (8) (a) (it)
Adadmitradve m e+ecutive offices P P P P P
which arc part of a predominant
industrial operation.
often incidentaland necessary to the A A A A A
conduct of a principally permitted me
* H I
NOTE TO CODE PUBLISHING,INC - Numbering this as Service Land Use Development Condition No 22 is contingent upon
passage of the Auto Repair and Waslung amendment ordinance, shown in part as Condition No 21,
10
SECTION 4. —Amendment. Section 15 04 100 of the Kent City Code
is amended as follows
See. 15.04.100. Service Land Use Development Conditions.
1. Banks and financial institutions(excluding dnve-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 KCC
15.08 020
i
5. Excluding auto body repair.
6. Retail sales are permitted as part of a planned development where at
I
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.
7 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.
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
indoors, with no outside runs, and the building is soundproofed. Soundproofing
must be designed by competent acoustical engineers.
11 Neighborhood Convenience
Commercial("NCC'9
Amendments
9 Those uses that are principally permitted in the M3 zone may be
permitted in the M2 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,
j beauty and barber services, and fur repair and storage services
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
i
12 Neighborhood Convenience
Commercial("NCC')
Amendments
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 KCC 15.09 065,Use interpretations
13 Except for such uses and buildings subject to KCC 15 04 150
14 Conducted in conjunction with a principally permitted use.
15. Accessory uses shall include vehicular dnve-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 KCC 15 04 040
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.
21 Auto repair, including body work and washing services are permitted
only under the following conditions
a. the property is also used for heavy equipment repair and/or truck
repair, and
b. the property abuts or is split-zoned with real property in the
Gateway Commercial district.
Gasoline service stations that also offer auto repair and washing services are not
permitted in the M3, General Industrial, zoning district
22 Any associated dnve-up/dnve-through facility shall be accessory and
shall require a conditional use permit
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13 Neighborhood Convenience
Commercial("NCC')
Amendments
SECTION 5. —Amendment Section 15.04.190 of the Kent City Code
is amended as follows:
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14 Neighborhood Convenience
Commercial("NCC')
Amendments
Sec. 15.04.190. Commercial and industrial zone development standards.
ZONING DISTRICTS
u
a S
E E `c
E = G G H
-
E
v 'u m E ` C
n
' o ` E
U E U
c c o U n ig E o
8 T OF o < a 9
E
' E E a E
E c
z o U U v
U U UU$ $ ry O EO Q 4 r n U
ZU cUi C U U U O E E f U
Minimumlotarea square feel oracres,as 10,000 10,000 51000 5.000 1011)(10 101" 10,W0 i0,000 Iacre Iacre 10,0(10 20000 I5.000 io.WO
noted sqh sqh sq it aqh iqh sgfl ailh sit it sqR sit sqR sq ft
(1)
Maximum site coverage percent of site 40% 40% 100% IN% 50: 50% 40% 30% 50•/. 60'/a 60% 65% 75% i0%
Minimum yard requirements feet
Front yard 12s&i 15 ft (2) (3) 15 n 15 ft 20 IN 25 h 30 ft (5) (5) (67) (7) I5 n
4)
Side yard (e) (9) (2) (3) (10) (10) (10) (10) (11) (12) (12) (13) (14) 5 it
(15)
(16)
Side yard on flanking street of a corner lot (17) n (17) (1 a) I5 h
Rear yard 3" 20 b (2) (3) (19) (19) (19) (19) (2D) (20) (21) (21) 5 k
(.$1 (2) (22)
Yards,transitional conditions (23) (23) (24) (25)
Additional setbacks (26) (29) (29)
(27)
(23)
Height limitation:In stories/not to exceed in 2 stry/ 3 stry/ 4 stmi (32) 2 stm 2 stry 2 stry 3 stry/ 2 stry/ 2 strvl 2 stryl 2 un/ 2 siml 3 stry/
feet 35 ft 40 it 60 h 35 h 35 it 35 it 40 a 3511 35 R 35 h ISO 35 ft 40 h
(30) (31) (3D) (30) (30) (33) (35) (35) (35) (37) (38)
P4)
Landscaping (52) (52)
Outdoor storage (39) (39) (40) (40) HD) (42) (43) (43) (44) (45) (59)
(41) (41) (51)
Signs (60)
Vehicle drive-through,drive-in and service (46) (46) (46) (46) (45) (46)
bays I 1 1 (61)
Loading areas P7) (47) (47) (47)
(46) (ae) (49) (51)
OR-street parking The off-street parking requirements of Ch 15 05 KCC shall apply
(57) (57) (57) (57) (ss) (55) (53) (57)
Additional standards (50) (36) (31) (31) (50) (50) (36) (36) (50) (50) (50) (50) (50)
(56) (50) (50) (so) (M) (56) (50) (50) (56) (M) (53) (54) (U)
M (56) (M) (56) (56) (56) (54) f54) (55) (55)
(31) (55) (55) (56) (56)
sbl (56)
u
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SECTION b. —Amendment. Section 15 04.195 of the Kent City Code
is amended as follows:
Sec. 15.04.195. Commercial and industrial land use development
it
standard conditions.
1. Minimum 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 artenals and collector streets shall have a
minimum setback of forty(40) feet
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16 Neighborhood Convenience
Commercial("NCC')
Amendments
b Properties fronting on local access streets shall have a minimum
setback of thirty(30) feet.
7. The front yard shall be ten (10) percent of the lot depth Regardless
of lot size,the yard depth need not be more than thirty-five (35) feet
i
8. No side or rear vard is required, except when abutting a district other
than NCC, and then the side-yard shall be not less than five 5 tweft!y (20) feet in
width unless the abutting district or use is residential and then the yard shall be ten
(10) feet in width and fully landscaped.
9. No side yard is required, except when abutting a more restrictive
district, and then the side yard shall be not less than twenty(20) feet in width
10 No side yard is required, except abutting a residential distnct, 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 comer 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.
17 Neighborhood Convenience
Commercial("NCC")
Amendments
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 comer lot shall be
related to the classification of the adjacent street. This classification shalt 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.
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 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 Ml-
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
18 Neighborhood Convenience
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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 distnct containing a density of two (2) dwelling units or more per acre or
a proposed residential area indicated on the city comprehensive plan Such
transitional conditions shall not exist where the separation includes an intervening
use such as a river, railroad main line, major topographic differential, or other
similar conditions, or where the industrial properties face on a limited access surface
street on which the housing does not face. When transitional conditions exist as
defined in this subsection, a yard of not less than fifty(50) feet shall be provided.
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 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
it
19 Neighborhood Convenience
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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 distnct 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.
29 Development in the M1 or M1-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 of 1971, and shall be no more restrictive than, but as restrictive as, +
the Shoreline Management Act
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) stones
or sixty (60) feet, there shall be added one (1) additional foot of yard for each
additional foot of building height.
�i
20 Neighborhood Convenience
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j34 The planning manager shall be authorized to approve a height greater
than four(4) stones 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
j 35. Beyond this height, to a height not greater than either four (4) stones
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 incompatibility with surrounding uses Any additional
height increase may be granted by the land use and planning board
36. Design review for mixed use development is required as provided in
KCC 15 09.045(E).
37 The height limitation is two (2) stones or thirty-five (35) feet
Beyond this height, to a height not greater than either four (4) stones 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.
j 38, The height limitation is three (3) stones or forty (40) feet. An
additional story or building height may be added, up to a maximum of five (5)
stones 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.
'i 21 Neighborhood Convenience
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j40. 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 MI or MI-C 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 rear 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 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 distnct
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
i
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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 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
'I
landscaping as described in KCC 15.07.050.
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
1509010
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
52 Where building walls face adjacent streets and are unfenestrated for
more than forty (40) feet at any point along the facade, additional landscaping shall
be required to reduce visual impacts In such circumstances, type II landscaping, as
defined in KCC 15.07.050, shall be required; provided, that evergreen trees shall be
at least ten (10) 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
23 Neighborhood Convenience
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reasonable application of this provision in cases of operational hardship or other
showing of uncommon circumstances.
54. Multrtenant buildings shall be permitted.
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
I
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.
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 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.
60. Signage on commercial uses in the M1-C zone shall be as specified in
KCC 15 06.050(B). Signage on industrial uses in the M1-C zone shall be as
specified in KCC 15.06.050(E).
61 Any eating establishment with a dnve-through/dnve-in facility shall
be located a minimum of one thousand (1,000) feet from any other restaurant with a
drive-through/drive-in facility.
62. Parking should be located either next to or behind the building
Parking should not be placed between the street and the building
24 Neighborhood Convenience
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63. A direct pedestrian connection shall be provided from the street to the
building.
64 Screening by either an enclosure and/or evergreen landscaping shall
be provided for mechanical equipment service doors and garbage areas Rooftop
jequipment shall be enclosed with a parapet or similar design feature
65 Structures shall be designed to maintain the residential character of
i the surrounding neighborhood Modulating the building mass, adding dormer
windows, covered entryways or porches are ways to enhance the human scale and
provide a residential dimension to structures
SECTION 7. —Amendment Section 15 06 050 of the Kent City Code
is amended as follows:
Sec. 15.06.050. Regulations for specific districts.
In all districts the planning manager shall have the option to waive sign type
requirements in unique and special cases where due to building design or other
special circumstance the development is unable to conform to stated standards
A Signs permitted in residential districts
1 Identification signs for single-family dwellings and duplexes One (1)
identification sign shall be permitted for each occupancy The sign shall not exceed
an area of three (3) square feet, shall not exceed a height of six (6) feet above the
surface of the street, shall be attached directly to a building, fence, standard or
mailbox, and shall be unlighted or provided with indirect illumination Home
occupations shall not be allowed additional sign area.
2 Identification signs for multifamily dwellings One (1) identification
sign shall be permitted for each development, except that multiple-family dwellings
with more than one (1) street frontage may be allowed an additional sign for each
street frontage of such lot Each sign shall not exceed an area of twenty-five (25)
25 Neighborhood Convenience
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square feet, may be a wall or freestanding sign, shall be unlighted or indirectly
lighted, and shall not exceed a height of six (6) feet above the ground if freestanding.
i3. Farm product identification signs No permit is required, but such
signs may not be located in the public right-of-way.
B. Signs permitted in ommunity
commercial, general commercial and commercial manufacturing districts The
aggregate sign area for any lot shall not exceed one and one-half(1 1/2) feet for each
foot of street frontage. Aggregate sign area for comer lots shall not exceed one (1)
square foot for each foot of street frontage. The permitted signs enumerated in this
subsection shall be subject to the total aggregate sign area
1. Identification signs for occupancies. Each business establishment
may have one (1) freestanding sign for each street frontage if not located in a
shopping center, and three(3) additional signs
a. Freestanding sign The freestanding sign shall not exceed a
height of thirty (30) feet The maximum sign area permitted is two hundred (200)
square feet for the total of all faces No one (1) face shall exceed one hundred (100)
square feet. The sign may be illuminated
b. Additional signs. Three (3) additional signs shall be permitted
subject to the following restrictions.
(1) The total area of all signs, graphics or other advertising shall
not be more than ten (10)percent of the building facade to which they are attached or
on which they are displayed.
(2) On properties where a pole sign cannot be erected due to
setback requirements or building placement, a projecting sign may be allowed to lieu
of the permitted freestanding sign The projecting sign may not exceed fifteen (15)
square feet in outside dimension.
2 Identification signs for shopping centers One (1) freestanding
identification sign, which may list the names of the occupants of the shopping center,
26 Neighborhood Convenience
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shall be permitted for each street frontage of each shopping center. The maximum
sign area permitted for a freestanding sign is two hundred (200) square feet for the
total of all faces. No one (1) face shall exceed one hundred (100) square feet. A
freestanding sign shall not exceed a height of thirty (30) feet, and may be
illuminated.
3. Automobile service station signs. The aggregate sign area for any
corner lot shall not exceed one (1) square foot for each foot of lot frontage, and the
aggregate sign area for any interior lot shall not exceed one and one-half (1 1/2)
square feet for each foot of lot frontage, and the permitted signs enumerated in this
subsection shall be subject to the total aggregate sign area
a Freestanding signs One (1) freestanding lighted double-faced
identification sign, not exceeding two hundred (200) square feet for the total of all
faces,with no such face exceeding one hundred (100) square feet, is permitted Such
sign shall not exceed a height of thirty (30) feet If on a corner lot, two (2)
monument signs not exceeding one hundred (100) square feet per sign for the total of
all faces are permitted. Such monument signs shall not exceed a height of fifteen
(15) feet. Freestanding signs shall be lighted during business hours only
b Additional signs Three (3) additional signs shall be permitted
subject to the following restrictions the total area of all signs, graphics or other
advertising shall not be more than ten (10) percent of the building facade to which
they are attached or on which they are displayed
c Fuel price signs Fuel price signs shall be included in the
aggregate sign area.
4 Farm product identification signs No permit is required, but such
signs may not be located in the public right-of-way.
C. Signs permitted in downtown commercial and downtown commercial
enterprise districts The aggregate sign area for any lot shall not exceed one and
one-half(1 1/2) square feet for each foot of street frontage The aggregate sign area
27 Neighborhood Convenience
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for corner lots shall not exceed one (1) foot for each foot of street frontage. The
permitted signs enumerated in this subsection shall be subject to the total aggregate
sign area.
I
1. Identification signs for multitenant buildings.
a. Wall sign Each multitenant building may have one (1)
identification wall sign for the building's identification for each street frontage The
sign shall not exceed a total of five (5) percent of the facade to which it is attached.
The sign shall not name or advertise the individual tenants of the building. Aggregate
sign area shall apply. A multitenant building will have the option of the sign
described in this subsection (a) or the identification sign described in subsection
(C)(2) of this section.
b. Freestanding sign Each building may have one (1) freestanding
sign on each street frontage. The sign may not exceed fifteen (15) feet in height.
The maximum sign area permitted for the freestanding sign is one hundred (100)
square feet for the total of all faces No one (1) face shall exceed fifty (50) square "
feet. Multitenant freestanding signs shall not name or advertise the individual
tenants of the building.
2 Identification signs for occupancies Each occupant of a multitenant
" building shall be permitted two (2) wall signs Such signs shall not exceed ten (10)
percent of the facade of the individual business unit Aggregate sign area shall not
apply
3 Identification signs for single-tenant buildings
a Each building may have one (1) freestanding sign for each street
frontage. The sign may not exceed a height of fifteen (15) feet. The maximum sign
area permitted for the freestanding sign is one hundred (100) square feet for the total
of all faces. No one (1) face shall exceed fifty(50) square feet
b. Three (3) additional signs shall be permitted All signs are subject
to the aggregate sign area allowed The total area of all signs, graphics or other types
28 Neighborhood Convenience
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of signs shall not exceed ten (10) percent of the facade to which they are attached or
on which they are displayed.
I
D. Signs permitted in office districts and neighborhood convenience
commercial
1 Generally One (1) freestanding double-faced identification sign shall
be permitted for each lot The sign shall not exceed a maximum area of fifty (50)
square feet for the total of all faces. No one (1) face shall exceed twenty-five (25)
square feet. A freestanding sign shall not exceed a height of fifteen (15) feet and
shall be unlighted or provided with indirect illumination
2. Identification signs for buildings One (1) identification sign shall be
permitted for each principal building. The sign shall not exceed an area of five (5)
percent of the facade to which it is attached, shall be attached flat against the
building, shall not project above the eave of the roof or the top of the parapet, and
shall be unlighted or provided with indirect illumination Such signs shall not
advertise or name individual tenants of the building.
3 Identification signs for occupancies. Signs not exceeding a total of five
(5) percent of the facade of the business unit to which they are attached shall be
permitted for each occupancy in a mulhtenant building when the occupancy has
outside frontage.
E Signs permitted in industrial districts
1. Aggregate sign area. The aggregate sign area for lots in the MA and
M1 districts shall not exceed one-half (1/2) square foot for each foot of street
frontage. 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
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 each foot of street frontage on a comer lot. The permitted signs enumerated in
this subsection shall be subject to the total aggregate sign area.
29 Neighborhood Convenience
. Commercial rNCC')
Amendments
a. Identification signs for buildings. One (1) identification sign shall
be permitted for each lot on each street frontage, which may be a freestanding sign or
a wall sign. The maximum sign area permitted for a freestanding sign is two
hundred (200) square feet for the total of all faces No one (1) face shall exceed one
hundred (100) square feet If the sign is a wall sign, its size shall not exceed twenty
(20) percent of the building facade. A freestanding sign shall not exceed a height of
twenty(20) feet The sign may be illuminated.
b. Identification signs for occupancies One (1) identification sign
shall be permitted for each occupancy on each street frontage and shall be a wall
sign The maximum size of the sign shall be ten (10)percent of the building facade
This sign may be illuminated. If the identification sign permitted under subsection
(E)(1)(a) of this section is a wall sign, an additional wall sign may be permitted on a
building facade not facing a street frontage
2. Farm product identification signs. No permit is required, but the sign
may not be located in the public nght-of-way
F Signs permitted in planned unit developments, special use combining districts
and mobile home park districts and for conditional uses All signs in planned unit
developments, special use combining districts and mobile home parks and for
conditional uses shall be incorporated as part of the developmental plan and
approved with the developmental plan Subsequent changes which conform to the
adopted signing program may be granted by the planning manager.
G. Signs permitted in shopping centers The aggregate sign area for each
occupant of a shopping center shall not exceed twenty (20) percent of the front
facade of the unit Wall signs are permitted on each exterior wall of the individual
business unit. A minimum of thirty (30) square feet shall be permitted for any
occupancy. No combination of signs shall exceed ten (10) percent of the facade to
which they are attached. If there is an attached canopy or overhang, a ten (10) square
foot sign may be attached to the canopy or overhang in addition to the other
30 Neighborhood Convenience
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. permitted signs. Such sign shall be at least eight (8) feet above any pedestrian
walkway.
I
H. Signs permitted in GWC zoning district
1. Aggregate sign area. The aggregate sign area for any lot shall not
exceed one (1) square foot for each foot of street frontage Aggregate sign area for
comer lots shall not exceed three-fourths (3/4) square foot for each foot of street
frontage The permitted signs enumerated in this subsection shall be subject to the
total aggregate sign area.
a. Identification signs for occupancies. Each business establishment
may have one (1) freestanding sign per street frontage, if not located in a shopping
center, and one (1)wall sign per street frontage.
(1) Freestanding signs Freestanding signs shall not exceed a
height of fifteen (15) feet. The maximum sign area permitted is one hundred (100)
square feet for the total of all faces No one (1) face shall exceed fifty (50) square
feet. The sign may be illuminated. Freestanding signs shall not rotate
(2) Wall signs. One (1) wall sign per street frontage shall be
permitted The total area of all signage, graphics or other advertising shall not
exceed ten (10) percent of the building facade to which it is attached.
b. Identification signs for shopping centers One (1) freestanding or
one (1) wall shopping center identification sign shall be permitted for each street
frontage of the shopping center The maximum sign area permitted for a
freestanding sign is one hundred (100) square feet. No one (1) face shall exceed fifty
(50) square feet. Freestanding signs shall be limited to fifteen (15) feet in height
The sign may be illuminated. Freestanding signs shall not rotate One (1) wall sign
shall be permitted per occupancy, except that anchor tenants (business
establishments with a store frontage of at least one hundred (100) feet in length) shall
be allowed two (2)wall signs The aggregate wall sign area shall not exceed ten (10)
percent of the building facade to which the signs are attached.
31 Neighborhood Convenience
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J SECTION 8. —Amendment. Section 15.07.060 of the Kent City Code
i; is amended as follows:
Sec. 15.07.060. Regulations for specific districts.
Landscaping regulations for specific zoning districts are as follows-
A. Residential agricultural, SR-1. None
B. Single-family residential, SR-2 through SR-8 None.
C Duplex multifamily residential, MR-D. None.
D Low density multifamily residential, MR-G.
Multifamily residential townhouse, MR-T.
Medium density multifamily residential, MR-M.
High density multifamily residential, MR-H.
1 A mimmum of ten (10) feet of landscaping shall be provided abutting
a public right-of-way.
2. Open green area shall occupy no less than twenty-five (25) percent of
the area of the lot
3. The side and rear perimeters of properties shall be landscaped to a
minimum depth of ten (10) feet
4. A minimum of five (5) feet of foundation landscaping shall be placed
along the perimeter of any multifamily structure. Foundation landscaping consists
of shrubbery or some other combination of landscape materials that helps to reduce
the visual bulk of structures and buffer dwelling units from light, glare, and other
environmental intrusions.
E. Mobile home park combining district, MHP. Requirements shall be per the
mobile home park code.
F.
Community commercial, CC.
Commercial manufacturing, CM.
32 Neighborhood Convenience
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General commercial, GC.
Professional and office district, O.
1. The perimeter of property abutting a residential district shall be
landscaped to a minimum depth of ten (10) feet.
2 A planting strip not less than five (5) feet in depth shall be provided
along all property Imes abutting public nghts-of-way.
G. Downtown commercial, DC
1. A minimum of three (3) feet of landscaping to screen off-street
parking areas, placement of which shall be determined through the downtown design
review process outlined in KCC 15 09 046.
2. Street trees in accordance with the official tree plan shall be planted
H. Downtown commercial enterprise, DCE.
1 The perimeter of properties abutting a residential district shall be
landscaped to a minimum depth of ten(10) feet.
2 A minimum of three (3) feet of landscaping to screen off-street
parking areas, placement of which shall be determined through the downtown design
review process outlined in KCC 15.09 046
3. Street trees in accordance with the official tree plan shall be planted
I Industrial agricultural, MA (industrial uses) and Agricultural general
district, AG.
Industrial park district,MI.
I Front yard The front twenty (20) feet shall be improved with
appropriate permanently maintained landscaping
2. Side yard At least fifteen (15) feet of the side yard shall be
landscaped as provided in subsection(I)(1) of this section.
J. Limited industrial district, M2.
1. Front yard The front fifteen (15) feet shall be improved with
appropriate permanently maintained landscaping
33 Neighborhood Convenience
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2 Side yard At least ten (10) feet of the side yard shall be landscaped
as provided in subsection(J)(1) of this section
K General industrial district, M3.
1 Front yard The front ten (10) feet shall be improved with
� appropriate permanently maintained landscaping.
2 Side yard. At least five (5) feet of the side yard shall be landscaped
as provided in subsection(K)(1)of this section.
L. Gateway commercial district, GWC.
1. Additional landscaping requirements Landscaping requirements
shall include the following
a. Where buildings abut the required front yard, a landscape strip at
least fifteen (15) feet in depth shall be provided Where vehicular parking areas abut
the required front yard, a landscape strip at least twenty (20) feet in depth, with an
earth berm at least thirty-six (36) inches in height, shall be provided
b. A landscape strip at least five (5) feet in depth shall be provided
i
along the side property lines of all independent development sites No landscaping
along the side property lines shall be required between adjacent properties where a
common, shared dnveway with a perpetual cross-access easement is provided to
serve the adjoining properties. Where the side property line of a commercial use
abuts a residential district, a landscape strip at least ten (10) feet in depth shall be
provided.
c A landscape stnp of at least fifteen (15) feet in depth shall be
provided along side property lines flanking the street of a comer lot Where
vehicular parking areas abut the required side yard, an earth berm at least twenty-
four(24) inches in height shall be provided
d A landscape strip of at least five (5) feet in depth shall be
provided along all rear property lines Where the rear property line of a commercial
34 Neighborhood Convenience
j Commercial("NCC')
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use abuts a residential use, a landscape strip of at least ten (10) feet in depth shall be
provided.
M. Neighborhood convenience commercial. NCC.
1 Additional Iandscaoinz requirements Landscaping requirements
shall include the following
a A landscape strip of at least ten (10) feet in depth shall be
provided in the front yard If a drive or parking aisle abuts the front yard, the
required landscaping shall be augmented by an earth berm of at least thirty-six (36)
inches in height.
b A landscape strip of at least five (5) feet in depth shall be
provided along the side property lines of all independent development sites No
landscaping along the side property lines shall be required between ad3acent
properties where a common, shared driveway with a perpetual cross-access
easement is provided to serve the adjoining properties. Where the side property line
of a commercial use abuts a residential district or use, a landscape stnp of at least ten
(10) feet in depth shall be provided
c A landscape strip of at least ten (10) feet in depth shall be
provided along side property lines flanking the street of a corner lot Where
vehicular drive aisles or narking areas abut the required side yard an earth berm of
at least twenty-four(24) inches in height shall be provided
d A landscape strip of at least five (5) feet in depth shall be
provided along all rear property lines Where the rear property line of a commercial
use abuts a residential district or use a landscape strip of at least ten (10) feet in
depth shall be provided.
35 Neighborhood Convenience
Commercial("NCC")
Amendments
SECTION 9. — Savtnzs The existing sections 15 04 070, 15 04 080,
15.04 090, 15 04.100, 15.04 190, 15.04,195, 15 06.050, and 15.07 060 of the Kent
City Code, which are amended by this ordinance, shall remain in full force and effect
until the effective date of this ordinance
SECTION 10. — Severability 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 portions of this ordinance and
the same shall remain in full force and effect
�i
SECTION 11. —E fecttve Date 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
36 Neighborhood Convenience
Commercial("NCC'q
Amendments
PASSED: day of July, 2003.
APPROVED: day of July, 2003.
PUBLISHED. day of July, 2003.
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 KrvilOrdmenccWCC060203 doc
37 Neighborhood Convenience
Commercial("NCC'q
Amendments
Kent City Council Meeting
Date July 1, 2003
Category Consent Calendar
1. SUBJECT: BILL OF SALE, GAGLIARDI SEWER EXTENSION—ACCEPT
2. SUMMARY STATEMENT: As recommended by the Public Works Director,
accept the Bill of Sale for the Gagliardi Sewer Extension subrmtted by Bret Gagliardi
for continuous operation and maintenance 1,342 feet of sewers. This project is located
at 22235 Russell Road South.
3. EXHIBITS: Vicinity map
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. UNNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES_
6. EXPENDITURE REOUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6M
S. 212TH ST.
�q-
C�
VAN DORANS <P
LANDING
PARK ��
�J PROPOSED
SEWER EASEMENT
VICINITY MAP
NTS
GAGLIARDI SEWER EXTENSION
Kent City Council Meeting
Date July 1. 2003
Category Other Business
1. SUBJECT: TAHOMA VISTA REZONE#RZ-2002-5 —APPROVE
2. SUMMARY STATEMENT: This request by Donald L. Gill-More is to rezone
approximately 4.84 acres of property from SR-4.5, Single Family Residential, to SR-6,
Single Family Residential. The property consists of two parcels and is located at
25206 132nd Avenue SE. The Kent Hearing Examiner held a public hearing on
May 21, 2003 and issued Findings, Conclusions and a recommendation for approval
on June 4, 2003.
3. EXHIBITS: Map; Findings, Conclusions and Recommendations; and Staff report
4. RECOMMENDED BY: Hearigg Examiner
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember &,- , moves, Councilmember__jt!YAejA__.... seconds
to accepthejeetmedify the Findings,Conclusions, and Recommendation of the Hearing
Examiner on the Tahoma Vista Rezone, and to direct the City Attorney to prepare the
y necessary ordinance.
DISCUSSION:
ACTION:
Council Agenda
Item No. 7A
JBDIVIIION SE 249TH PL
SE 248TH S
SE 233RD PL
a
0
d SE 253RD PL
SE 256TH ST
APPLICATION NAME: TAHOMA VISTA
REQUEST #SU-2001-6 (KIVA#2020890) AND #RZ-2002-5 (KIVA#2023606)
KENT
WASHINGTON
OFFICE OF THE LAND USE HEARING EXAMINER
COMMUNITY Theodore P Hunter
DEVELOPMENT Hearing Examiner
Fred N Satterstrom,AICP FINDINGS, CONCLUSIONS AND RECOMMENDATION
Director
PLANNING SERVICES FILE NO TAHOMA VISTA REZONE
Charlene Anderson,AICP #RZ-2002-5 KIVA#RPP4-2023606
Manager
Mailing Address- APPLICANT Donald L Gill-More
220 Fourth Ave S.
Kent,WA 98032.5895 REQUEST' A rezone to rezone approximately 4 84 acres
Location Address* from SR-4 5, Single Family Residential, to SR-6,
40o West Gowe Single Family Residential
Kent,WA 98032
Phone:253-856-5454 LOCATION The property is located at 25206 and 25206 132nd
Fax 253-856-6454 Avenue SE (King County Tax Parcel
#2222059126 and #2222059031)
APPLICATION FILED: November 15, 2002
DETERMINATION OF
NONSIGNIFICANCE ISSUED April 21, 2003
MEETING DATE- May 21, 2003
RECOMMENDATION ISSUED June 4, 2003
RECOMMENDATION APPROVED
STAFF REPRESENTATIVE Sharon Clamp, Planning Services
PUBLIC TESTIMONY Andy Rykels representing applicant
EXHIBITS: 1 Staff Report dated May 13, 2003, with attachments.
a. Application
b. Public Comment
c City Routing and Comment
d Public Notice of Hearing
e. Notice of Completeness of Application
f SEPA Mitigated Determination of
Nonsignificance issued April 21, 2003
FINDINGS
1 The Applicant requests a Zoning Map Amendment to change the zoning on one
parcel of property from Single-Family Residential (SR-4 5) to Single-Family
Residential (SR-6) The subject property, located at 25206 and 25230 132nd
Avenue SE, consists of two parcels and occupies approximately 4 84 acres of
land In addition to the rezone request, the Applicant requests approval of a
preliminary plat application to subdivide the subject property into 19 single-family
residential lots, one stormwater tract, two sensitive area tracts, and one private
access tract Both requests were reviewed at the May 21, 2003 public hearing
Although the Hearing Examiner will issue two separate decisions that address
the Applicant's requests, the proposed rezone is considered as a "project
rezone" Review of a proposed project rezone must consider the impacts from
both the rezone itself and the association land use proposed by the Applicant
Exhibit 1, Staff Report, page 2;Attachment a, Application.
2 The subject property is developed with a single-family residence, a mobile home
and several sheds and garages. The subject property is surrounded by
residentially zoned property (SR-4 5) Property that is zoned SR-6 is located
within one-quarter mile to the southwest of the subject property, as well as one-
half mile to the north of the subject property. Exhibit 1, Staff Report, page 2,-
Attachment A, Application
3 The topography onsite is gently sloped with a maximum slope of approximately
10-15 percent Vegetation consists of a mixture of trees and grass There are
two Category 3 wetlands located on the subject property One wetland is located
in the north-central portion of the subject property, the other wetland is located in
the eastern portion of the subject property. Category 3 wetlands must have a
minimum 25-foot buffer and a 15-foot building setback line from the wetland
border Exhibit 1, Staff Report, page 3; Attachment a, Application, KCC
11 05 110
4 The purpose of single-family residential districts is to stabilize and preserve
single-family residential neighborhoods, as designated in the comprehensive
plan The single family zoning districts in Kent also encourage a range of
densities and lot sizes in order to promote diversity and recognize a variety of
residential environments KCC 15 03 010
5 The SR-6 zone would establish a maximum density of 6 05 dwelling units per
acre; a minimum lot area of 5,700 square feet; and a maximum building height of
35 feet. KCC 15.04.170
6 Access to the subject property is from 132nd Avenue SE Improvements to the
portion of 132nd Avenue SE that is adjacent to the subject property and to
Findings, Conclusions & Recommendation
Hearing Examiner for City of Kent
Tahoma Vista Rezone
RZ 2002-5 KIVA#RPP4-2023606
Page 2 of 7
SE 245th Street were recently completed in conjunction with the construction of
the City of Kent Wilson Ball Fields located at the southwest corner of
132"d Avenue SE and SE 248th Street. The street is improved with bike lanes,
cement concrete curbs and gutters, cement concrete sidewalks, a planter strip,
streetlights, and a left-hand turn lane on the west side of the street The City
provided for mitigation conditions in its MDNS that would ensure that traffic
circulation remained consistent with City plans and regulations. Exhibit 1, Staff
Report, pages 3, 7, Attachment a, Application;Attachment f, SEPA MDNS
7 The subject property receives water from Water District No. 111 and sanitary
sewer service from Soos Creek Water and Sewer. Exhibit 1, Staff Report, page
3;Attachment a, Application.
8 The City of Kent Comprehensive Plan designates the subject property as Single-
Family Residential (SR-6), which allows six units per acre The Plan also
contains goals and policies that relate to the location, density, and design of
future development Applicable provisions of the City Comprehensive Plan
include.
• The City of Kent adopts a 20-year housing target of 7,500 new dwelling
units within the existing city limits. . City of Kent Comprehensive Plan,
Land Use Goal LU-8.
• Locate housing opportunities within close proximity to employment,
shopping, transit and human and community services City of Kent
Comprehensive Plan, Policy LU-8 3
• Provide opportunities for a variety of housing types, options, and densities
throughout the city and the Potential Annexation Area City of Kent
Comprehensive Plan, Land Use Goal LU-9
• Allow single family housing on a variety of lot sizes, including 5,000
square foot lots Locate smaller lot sizes within close proximity to the
urban activity centers. City of Kent Comprehensive Plan, Policy LU-9 4
• Promote healthy neighborhoods by providing a wide range of housing
options throughout the community that are accessible to community and
human services, employment opportunities, and transportation and by
being sensitive to the environmental impacts of the development City of
Kent Comprehensive Plan, Goal H-1
• Ensure that community and human services, including, but not limited to,
fire, police, library facilities, medical services, neighborhood shopping,
Findings, Conclusions & Recommendation
Hearing Examiner for City of Kent
Tahoma Vista Rezone
RZ 2002-5 KIVA#RPP4-2023606
Paoe 3 of 7
child care, food banks, and recycling facilities are easily accessible to
neighborhood residents City of Kent Comprehensive Plan, Policy H-1 1
• Protect and enhance environmentally sensitive areas via the adoption of
the City regulations and programs which encourage well-designed land
use patterns such as clustering and planned unit development Use such
land use patterns to concentrate higher urban land use densities and
intensity of uses in specified areas in order to preserve natural features
such as large wetlands, streams, steep slopes, and forests City of Kent
Comprehensive Plan, Goal LU-20
• Ensure that the City's environmental policies and regulation comply with
state and federal environmental protection regulations regarding air and
water quality, noise and wildlife and fisheries resources and habitat
protection. Demonstrate support for environmental quality in land use
plans, development regulations, and site plan review to ensure that local
land use management is consistent with the City's overall natural resource
goals. City of Kent Comprehensive Plan Goal LU-22
• Coordinate land use and transportation planning to meet the needs of the
City and the requirements of the Growth Management Act City of Kent
Comprehensive Plan, Goal TR-1.
• Locate commercial, industrial, multifamily, and other uses that generate
high levels of traffic in designated activity centers around intersections of
principal or minor arterials or around freeway interchanges City of Kent
Comprehensive Plan, Policy TR-1 1
• Ensure consistency between land use and transportation plans so that
land use and adjacent transportation facilities are compatible. City of Kent
Comprehensive Plan, Policy TR-1 5.
9 Since the Applicant requested a rezone with the intent to develop a 19-lot
subdivision, the City issued a SEPA Mitigated Determination of Nonsignificance
(MDNS)on April 21, 2003, which addressed the rezone and the preliminary plat
request Although no conditions were recommended for the requested rezone,
the MDNS contains conditions that address potential traffic impacts, require
pedestrian walkways, and provide wetland protection to address impacts that
may occur as a result of the associated request for preliminary plat approval. No
appeals were filed during the 14-day appeal period provided for the MDNS
Exhibit 1, Attachment f, SEPA MDNS.
Findings, Conclusions & Recommendation
Heanng Examiner for City of Kent
Tahoma Vista Rezone
RZ 2002-5 KIVA#RPP4-2023606
Page 4 of 7
10 The City provided reasonable notice of the public hearing It mailed notice to
property owners within 300 feet and published notice in the Kinq County Journal
on May 9, 2003 Exhibit 1, Attachment d, Public Notice.
CONCLUSIONS
Jurisdiction
The Hearing Examiner has jurisdiction to hold a public hearing on this rezone, and to
issue a written recommendation to the Council, pursuant to RCW 35A 63 170, and
Chapter 2 32 and Section 15 09 050 of the Kent City Code
Criteria for Review
Section 15 09 050(C) of the Kent zoning code sets forth the standards and criteria the
Hearing Examiner must use to evaluate a request for a rezone. A request for a rezone
shall only be granted if
a. The proposed rezone is consistent with the Comprehensive Plan,
b. The proposed rezone and subsequent development of the site would be
compatible with development in the vicinity,
c The proposed rezone will not unduly burden the transportation system in the
vicinity of the property with significant adverse impacts which cannot be
mitigated,
d. Circumstances have changed substantially since the establishment of the current
zoning district to warrant the proposed rezone; [and)
e The proposed rezone will not adversely affect the health, safety, and general
welfare of the citizens of the city.
KCC 15.09 050(F)(1)
Conclusions Based on Findings,
1 The proposed rezone is consistent with the Comprehensive Plan. The
proposed rezone supports several of the policies and goals of the City of Kent
Comprehensive Plan. The proposed rezone would allow for more intense
development in an existing residential area that is in close proximity to
employment, shopping, transit, and community services. The proposed rezone
and subsequent development is consistent with Policy LU-9.4, which encourages
more intensive development in close proximity to urban activity centers. The
rezone preserves the single-family residential character of the area. The area is
Findings, Conclusions & Recommendation
Nearing Examiner for City of Kent
Tahoma Vista Rezone
RZ 2002-5 KIVA #RPP4-2023606
Pacp 5 of 7
served by community services, such as fire, police, and library facilities. Findings
of Facts Nos. 1, 2, 6, 7, 8, 19.
2 The proposed rezone and subsequent development of the site would be
compatible with development in the vicinity. Development within the vicinity
includes residential uses in SR-4.5 and SR-6 zones The rezone and proposed
development will be consistent and compatible with this existing development
Findings of Facts Nos. 1, 2, 4, 5, 7, 8, 9
3 The proposed rezone will not unduly burden the transportation system in
the vicinity of the property with significant adverse impacts which cannot
be mitigated. Direct access to the subject property would be provided via
132nd Avenue SE, which underwent improvements when the Wilson Ball Fields
were constructed Although the rezone would increase density from SR-4.5 to
SR-6, significant differences in traffic circulation are not likely to occur, especially
with the traffic impact mitigation requirements in the MDNS. Findings of Facts
Nos 6, 9.
4 Circumstances have changed substantially since the establishment of the
current zoning district to warrant the proposed rezone. The Comprehensive
Plan encourages increased density to accommodate 20-year projected growth
figures. The existing SR-4 5 density does not maximize the available space to
accommodate for projected growth Although the proposed rezone will result in a
relatively minor alternation from the SR-4 5 zone originally established, it will
result in more intense development within city limits as envisioned in the
Comprehensive Plan. Findings of Facts Nos 1, 5, 6, 8, 9
5. The proposed rezone will not adversely affect the health, safety, and
general welfare of the citizens of the City of Kent. Although the proposed
rezone will result in higher density development, there are services in place to
accommodate the growth Water District No. 111 will provide water, and Soos
Creek Water and Sewer will provide sewer service In addition to the road
improvements along 132nd Avenue SE, the mitigation conditions in the MDNS
require additional contributions from the Applicant to mitigate potential adverse
traffic impacts
RECOMMENDATION
Based upon the preceding Findings and Conclusions, the Hearing Examiner
recommends that this application for the rezone from Single Family Residential (SR-4 5)
to Single-Family Residential (SR-6) on approximately 4.84 acres of property located at
25206 and 25230 132nd Avenue SE be APPROVED It is the Hearing Examiner's
opinion that the rezone request, as proposed, meets the criteria for approval established
by the Council.
Findings, Conclusions & Recommendation
Hearing Examiner for City of Kent
Tahoma Vista Rezone
RZ 2002-5 KIVA #RPP4-2023606
Paoe 6 of 7
Granted this 4th day of June 2003
THEODORE PAUL HUNTER
Hearing Examiner
S\Permit\Plan\rezone\2002\2023606-2002-5findings doc
Findings, Conclusions & Recommendation
Hearing Examiner for City of Kent
Tahoma Vista Rezone
RZ 2002-5 KIVA #RPP4-2023606
Oano 7 of 7
COMMUNITY DEVELOPMENT
Fred N Satterstrom, Director
PLANNING SERVICES
Charlene Anderson,AICP, Manager
KEN T Phone 253-856-5454
W.S... TO. Fax 253-856-6454
Address 220 Fourth Avenue S
Kent,WA 98032-5895
KENT PLANNING SERVICES
(206) 856-5454
STAFF REPORT
FOR HEARING EXAMINER MEETING OF
May 21, 2002
FILE NO: Tahoma Vista Rezone
#RZ-2002-5 KIVA#2023606
APPLICANT' Donald L Gill-More
25206 132nd AV SE
Kent, WA 98042
REQUEST. A request to rezone 4 84 acres of property from
SR-4 5 single family residential to SR-6, single
family residential
STAFF
REPRESENTATIVE. Sharon Clamp, Planner
STAFF
RECOMMENDATION. APPROVAL
I GENERAL INFORMATION
A Description of the Proposal
D D
The applicant proposes to rezone 4 84 acres from the current zoning of
SR-4.5 single family residential to SR-6, single family residential
B Location
The subject property is located at 25206 132nd Avenue SE and is identified
by King County Tax Parcel numbers 2222059126 and 2222059031.
Staff Report
Tahoma Vista Rezone
#RZ-2002-5 KIVA#2023606
C Size of Property
The property consists of two parcels totaling 4 85 acres
D Zoning
Adjacent properties surrounding the subject site in all directions are zoned
SR-4.5 Single Family Residential Properties zoned SR-6 are within one-
quarter mile of the site to the southwest and one-half mile to the north
E Land Use
Currently, there is a single family residence on each of the parcels along
with several sheds and garages The City of Kent Comprehensive Plan
designates the property as SF-6, Single Family six units per acre
F History
The property is part of 891 acres annexed to the City of Kent on July 1,
1997 under Ordinance No. 3344
II ENVIRONMENTAL CONSIDERATIONS
A Environmental Assessment
A Mitigated Determination of Nonsignificance (#ENV-2002-11) for the
rezone proposal as well as a project-specific proposal for a 19 lot
subdivision was issued on April 21, 2003 No conditions were proposed
for the rezone portion of the SEPA application
The proposed protect rezone contemplates a 19-lot subdivision The
applicant's SEPA application requested both a non-project analysis
(rezone) and project-specific (subdivision) analysis On-site
environmental impacts associated with the proposed project specific
development have been analyzed and conditioned in the above
referenced determination. The project specific proposal is dependent
upon the outcome of the rezone application
B. Significant Physical Features
Topography. Wetlands and Vegetation
According to an approved wetland assessment prepared by Alder
Northwest Dated December 2, 2002, the subject property is encumbered
Page 2 of 10
Staff Report
Tahoma Vista Rezone
#RZ-2002-5 KIVA#2023606
by two Category 3 wetlands. Category 3 wetlands require a minimum
25-foot no build buffer and a 15-foot building setback from the buffer edge.
The site slopes gently from north to south and towards the south center of
the property at a slope of less than 5 percent. There is an elevation
change of approximately 10 to 15 percent across the property The site
appears to have been cleared in the past and is currently vegetated with a
mixture of trees and grass cover
C Significant Social Features
1 Street System
The subject property is located adjacent to 132nd Avenue SE which
is classified as a Minor Arterial Road improvements to 132nd
Avenue SE adjacent to the subject property north to SE 245th Street
were recently completed in conjunction with the construction of the
City of Kent Wilson Ball Fields located at the southwest corner of
132nd Avenue SE and SE 248th Street. This section of 132nd
Avenue SE is improved with bike lanes, cement concrete curbs and
gutters, cement concrete sidewalks, a planter strip, streetlights, and
a left hand turn lane and on the west side of the street A
southbound right lane was also installed between SE 2481h Street
and SE 253'd Street.
2 Water System
The site receives water service from Water District 111
3 Sanitary Sewer System
The site receives sanitary sewer service from Soos Creek Water
and Sewer
4 Stormwater System
A stormwater system will be necessary to accommodate any
subsequent development. The developer will be required to
complete a drainage analysis and develop and submit drainage
plans prepared in accordance with the 2002 City of Kent surface
Water design Manual and the 1998 King County Surface Water
Design Manual.
Page 3 of 10
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Tahoma Vista Rezone
#RZ-2002-5 KIVA#2023606
D CONSISTENCY ANALYSIS
The proposed rezone is consistent with the goals and policies of the City
of Kent Comprehensive Plan
III. CONSULTED DEPARTMENTS AND AGENCIES
The following departments and agencies were advised of this application
Chief Administrative Officer Police Department
Director of Public Works Fire Chief
Parks & Recreation Director City Clerk
Building Official Kent School District
U.S. Post Master WA Dept of Ecology
Washington State DOT K C Wastewater Treatment
Puget Sound Energy King Co Environmental Health
Qwest King Co Transit Division
Water District 111 Soos Creek Water & Sewer
In addition to the above, all persons owning property which lies within 300 feet of
the site were notified of the application and of the public hearing
Comments have been incorporated in the staff report where applicable.
IV PLANNING SERVICES REVIEW
A. Comprehensive Plan
In 1995, the Kent City Council adopted the Kent Comprehensive Plan,
which represented a complete revision to the City's 1977 comprehensive
plan. The 1995 plan was prepared under the provisions of the
Washington State Growth Management Act The Comprehensive Plan,
through its goals and policies, presents a clear expression of the City's
vision of growth for citizens, the development community, and other public
agencies The plan is used by the Mayor, City Council, Land Use and
Planning Board, Hearing Examiner, and City departments to guide
decisions on amendments to the City's zoning code and other
development regulations, which must be consistent with the plan, and also
guide decisions regarding the funding and location of capital improvement
protects
Page 4 of 10
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Tahoma Vista Rezone
#RZ-2002-5 KIVA#2023606
LAND USE ELEMENT
The Land Use Element of the plan contains a Land Use Plan Map, which
designates the type and intensity of land uses throughout the city, as well
as in the entire potential annexation area The Land Use Plan Map
designates the subject property as SF-6, Single Family Residential which
allows six units per acre. The land use element also contains goals and
policies relating to the location, density, and design of future development
in the City and in the Potential Annexation Area.
Overall Goal Encourage a future growth and development pattern which
implements the community's vision, protects environmentally sensitive
areas, and enhances the quality of life of all of Kent's residents
Goal LU-8• The City of Kent adopts a 20-year housing target of 7,500 new
dwelling units within the existing city limits Coordinate with King County
through an interlocal agreement on housing targets in the unincorporated
area within Kent's Potential Annexation Area
Policy LU-8 1. Provide in the land use plan adequate land and densities
to accommodate both city and county housing targets within the Potential
Annexation Area Average net residential densities throughout the
Potential Annexation Area should be at least four units per acre in order to
adequately support urban services
Policy LU-8.3 Located housing opportunities within close proximity to
employment, shopping, transit and human and community services
Goal LU-9• Provide opportunities for a variety of housing types, options,
and densities throughout the city and the Potential Annexation Area.
Policy LU-9.4. Allow single family housing on a variety of lot sizes,
including 5,000 square foot lots Locate smaller lot sizes within close
proximity to the urban activity centers.
Planning Services Comment
The goals and policies of the land use element support the proposed
rezone. The proposed location is easily served by existing urban services
and is in convenient proximity to urban services along SE 240'h Street and
Kent Kangley Road. Also, the proposed rezone is consistent with the
Land Use Plan Map which allows up to six dwelling units per acre
Page 5 of 10
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Tahoma Vista Rezone
#RZ-2002-5 KIVA#2023606
HOUSING ELEMENT
The primary goal of the housing element is to meet the current and future
need for housing in the Kent area
Overall Goal: Ensure opportunities for affordable housing and an
appropriate living environment for Kent citizens
Goal H-1 Promote healthy neighborhoods by providing a wide range of
housing options throughout the community that are accessible to
community and human services, employment opportunities, and
transportation and by being sensitive to the environmental impacts of
development.
Policy H-1 1 Ensure that community and human services, including, but
not limited to, fire, police, library facilities, medical services, neighborhood
shopping, child care, food banks, and recycling facilities are easily
accessible to neighborhood residents.
Planning Services Comment
The proposed rezone is supported by relevant goals and policies of the
housing element Appropriate services, including, but not limited to, fire,
police, medical services, neighborhood shopping and child care are easily
accessible to neighborhood residents upon development of the subject
property
NATURAL RESOURCES GOALS AND POLICIES
Goal LU-20: Protect and enhance environmentally sensitive areas via the
adoption of the City regulations and programs which
encourage well-designed land use patterns such as
clustering and planned unit development. Use such land
use patterns to concentrate higher urban land use densities
and intensity of uses in specified areas in order to preserve
natural features such as large wetlands, streams, steep
slopes, and forests.
Goal LU-22: Ensure that the City's environmental policies and regulations
comply with state and federal environmental protection
regulations regarding air and water quality, noise and wildlife
and fisheries resources and habitat protection Demonstrate
support for environmental quality in land use plans,
development regulations, and site plan review to ensure that
Page 6 of 10
Staff Report
Tahoma Vista Rezone
#RZ-2002-5 KIVA#2023606
local land use management is consistent with the City's
overall natural resource goals.
Planning Department Comment,
The proposed rezone is supported by relevant goals and policies
contained within the Natural Resources Section of the Comprehensive
Plan The property is encumbered by two Category 3 wetlands Category
3 wetlands require a minimum 25-foot no build buffer and a 15-foot
building setback from the buffer edge Any subsequent development on
the property will be subject to the wetland area requirements outlined in
Chapters 11 05 of the Kent City Code. Future development of the site will
include wetland buffer areas which preserve the natural features of the
site. Wetland buffers also limit the overall density of the site
TRANSPORTATION ELEMENT
Goal TR-1: Coordinate land use and transportation planning to meet the
needs of the City and the requirements of the Growth Management Act
Policy TR-1 2 Coordinate new commercial and residential development
in Kent with transportation projects to improve affected roadways
Policy TR-1 5 Ensure consistency between land use and transportation
plans so that land use and adjacent transportation facilities are
compatible.
Planning Services Comment:
The Growth Management Act requires consistency between land use and
transportation planning. As noted, the Land Use Plan identifies the area
of the rezone as SF 6 Single Family Residential Road improvements to
132"d Avenue SE adjacent to the subject property and north to SE 245th
Street were recently completed to conjunction with the construction of the
City of Kent Wilson Ball Fields located at the southwest corner of
132"d Avenue SE and SE 248th Street. This section of 132nd Avenue SE is
improved with bike lanes, cement concrete curbs and gutters, cement
concrete sidewalks, a planter strip, streetlights, and a left hand turn lane
and on the west side of the street. A southbound right lane was also
installed between SE 248th Street and SE 253`d Street Additionally,
SE 256th Street, an east/west minor arterial located one-quarter mile south
of the subject property, was recently improved to its full design standard
between 132"d Avenue SE and 116th Avenue SE
Page 7 of 10
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B. Standards and Criteria for Granting a Request for Rezone
The following standards and criteria (Kent Zoning Code, Section
15 09 050) are used by the Hearing Examiner and City Council to evaluate
a request for a rezone Such an amendment shall only be granted if the
City Council determines that the request is consistent with these
standards and criteria.
1. The proposed rezone is consistent with the Comprehensive
Plan.
Planning Services Comment
The Comprehensive Plan Land Use Plan Map designates the subject
property as SF 6, Single Family Residential which allows up to six units
per acre. A rezone of the site from SR-4.5 Single Family Residential to
SR-6 Single family Residential will allow residential development up to six
units per acre, which is also allowed under the Comprehensive Plan As
previously mentioned, the proposed rezone is also consistent with the
applicable goals and policies of the Comprehensive Plan
2. The proposed rezone and subsequent development of the site
would be compatible with development in the vicinity.
Planning Services Comment
The proposed rezone and subsequent development of the site would be
compatible and integrate well with the existing development in the vicinity
Development in the immediate vicinity is a mix of platted subdivisions and
unplatted parcels of single family residences zoned SR-4 5, Single Family
Residential. The subject property is adjacent to the 30-lot Heatherglen
Subdivision, and the contemplated future development on the subject
property of a 19-lot subdivision will connect via roadway with Heatherglen.
Additionally, Heatherglen, a 30-lot subdivision on approximately 8 48
acres, carries a net density of 3 5 dwelling units per acre in contrast with
the contemplated 19-lot Tahoma Vista Subdivision on 4.85 acres with a
net density of 3 9 dwelling units per acre
3. The proposed rezone will not unduly burden the transportation
system in the vicinity of the property with significant adverse
impacts which cannot be mitigated.
Page 8 of 10
Staff Report
Tahoma Vista Rezone
#RZ-2002-5 KIVA#2023606
Planning Services Comment
A rezone of this property to SR-6 Single Family Residential will not
generate additional trips onto the existing transportation system.
However, subsequent development of a proposed 19-lot subdivision will
add a net 17 PM peak hour trips to the local street system. Upon
development of the site, road and street frontage improvements to meet
the City of Kent roadway standards will be required as conditions of
approval These improvements include but are not limited to curb, gutter,
sidewalks, planting strips, street lighting, paving, necessary street
improvements, and public stormwater conveyance The applicant will be
required to participate in other City transportation improvement projects by
providing an environmental mitigation fee for the impacts created by
development
4. Circumstances have changed substantially since the
establishment of the current zoning district to warrant the
proposed rezone.
Planning Services Comment
The subject parcels were annexed to the City of Kent on July 1, 1997 and
are developed with a single-family residence on each parcel
In 1995 the City of Kent adopted its Comprehensive Plan which
designated this area as SF-6 Single Family Residential Along with the
Land Use Plan Map and Policies, the plan also contains a target for the
number of new households the City must accommodate for the 20-year
time horizon of the plan The GMA also states the City's development
regulations must implement, and be consistent with the Comprehensive
Plan Higher density single family development with smaller lot sizes
while recognizing significant environmental features is consistent with the
goals and policies of the Comprehensive Plan
Upon annexation in 1997, zoning for the area was set at SR-4 5 which
was consistent with existing land use patterns and represented what was
actually built at that time Since that time significant improvements to
roadway infrastructure in the immediate area were completed
Improvements to SE 240'h Street, approximately one-half mile north of the
site, were completed in 1999; improvements to SE 256'h Street,
approximately one-quarter mile south of the project site were completed in
2002; and improvements to 132nd Avenue SE, as noted elsewhere in this
report, were completed in 2002 All three of the above referenced
Page 9 of 10
Staff Report
Tahoma Vista Rezone
#RZ-2002-5 KIVA#2023606
roadways are classified as minor artenafs and provide direct access to the
subject project site.
5. The proposed rezone will not adversely affect the health,
safety and general welfare of the citizens of the City of Kent.
Planning Services Comment
The proposed rezone is consistent with the intent of the Comprehensive
Plan. Subsequent development on the site will have to meet applicable
codes and regulations, including mitigation of anticipated environmental
impacts Therefore, the rezone proposal will not adversely affect the
health, safety and general welfare of the citizens of the City of Kent
V. CITY STAFF RECOMMENDATION
Upon review of the merits of this request and the Code criteria for granting a
rezone, the City staff recommends APPROVAL without conditions of the
Tahoma Vista rezone
KENT PLANNING DEPARTMENT
May 13, 2003
S\Permit\Plan\rezone12002\2023606-2002-5report doc
Page 10 of 10
Kent City Council Meeting
Date Jul 1. 2003
Category Other Business
1. SUBJECT: BOEING RESOLUTION—ADOPT
2. SUMMARY STATEMENT: The proposed resolution expresses Kent's
commitment to the state-wide effort to recruit the final assembly of the Boeing
Company's 7E7 next generation commercial jetliner in Washington State, to keep the
Boeing Company's manufacturing facilities in Puget Sound, and to sustain the Boeing
Company's rank as the top commercial airplane maker in the world.
3. EXHIBITS: Resolution
4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner,Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REOUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember ,co moves, Councilmember-- <' / _seconds
/
to adopt Resolution No. /�qa p�, which expresses Kent's commitment too the state-wide
effort to recruit the final assembly of the Boeing Company's 7E7 next generation
commercial jetliner in Washington State.
DISCUSSION:
ACTION: C
Council Agenda
Item No. 7B
RESOLUTION NO.
A RESOLUTION of the city council of the city of
Kent, Washington, expressing the city's commitment to the
state-wide effort to recruit the final assembly of the Boeing
Company's 7E7 next generation commercial jetliner in
Washington State, to keep Boeing Company's
manufacturing facilities in Puget Sound, and to sustain
Boeing Company's rank as the top commercial airplane
maker in the world.
WHEREAS, the Boeing Company is the largest employer in the city of
Kent with over 4,200 employees, and many Boeing subcontractors are located in Kent,
and
WHEREAS, Boeing has announced its national criteria and process for
selecting a site for manufacturing the Boeing 7E7 next generation aircraft, and
WHEREAS, a broad-based partnership of leaders led by the Governor of
the State of Washington has organized a unified, state-wide effort to recruit final
assembly of the Boeing 7E7 next generation aircraft, and
WHEREAS, the Boeing Company and its workers contribute to the
economic vitality of our region, and
WHEREAS, retaining and recruiting companies that provide well-paid
jobs is a top priority for the city of Kent, and
I The Boeing Company's 7E7 Project—
City of Kent's Support of State-wide Effort to Recruit
WHEREAS, aerospace is a critical part of Kent, the Puget Sound region,
and the State of Washington's economy, bringing in over S16 billion of "out-of-state
dollars" annually to the state, and
WHEREAS, final assembly of the 7E7 may potentially create another
20,000 direct and indirect jobs in Washington, and
WHEREAS, Washington state is the optimal location in which to
manufacture the Boeing 7E7 as our state provides the latest leading edge research and a
strong pool of highly trained and skilled aerospace workers; and
WHEREAS, the city of Kent has made freight mobility and addressing
transportation congestion an economic development priority by investing over $87
million and leveraging an additional $120 million for three east-west transportation
corridors that help link Boeing and Boeing's subcontractors in Kent with Sea Tac
Airport, Interstate 5, State Route 167 (the Valley Freeway), and the ports of Seattle and
Tacoma, and
WHEREAS, the city of Kent has made streamlined permit processing an
additional economic development pnonty by creating a new permit center, and as a
result, on-time issuance of permits has improved to over 90 percent, and
WHEREAS, the city of Kent has and will continue to work with Boeing to
address the company's goals for the Pacific Gateway Park and for the Space Center,
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION I. - Kent's Support of Boeing Company's 7E7 Protect
The city of Kent supports the regional and state-wide commitment to recruit the
production of the Boeing Company's 7E7 next generation commercial jetliner in
Washington State, to keep the Boeing Company's manufacturing facilities in Puget
2 The Boeing Company's 7E7 Project—
City of Kent's Support of State-wide Effort to Recruit
Sound, and to sustain the Boeing Company's rank as the top commercial airplane maker
in the world.
SECTION 2. - Kent's Future Steps to Strengthen Business Climate.
The city of Kent will continue to take the steps necessary to strengthen the city's business
climate by continuing to make improvements to the permitting process, to address freight
mobility, and to work with local institutions to support the further development of a
skilled and educated local workforce.
SECTION 3. - Severabthty 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 4. - Ratification Any act consistent with the authority and
prior to the effective date of this resolution is hereby ratified and affirmed.
SECTION 5. - 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 July, 2003
CONCURRED in by the mayor of the city of Kent this day of July,
2003
JIM WHITE, MAYOR
ATTEST
BRENDA JACOBER, CITY CLERK
3 The Boeing Company's 7E7 Project—
City of Kent's Support of State-wide Effort to Recruit
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 July,2003
BRENDA JACOBER,CITY CLERK
•
4 The Boeing Company's 7E7Project—
City of Kent's Support of State-wide Effort to Recruit
REPORTS FROM STANDESGCOMMITTEES AND STAFF
A. COUNCIL PRESIDENT I/�C.G D6
B. OPERATIONS COMMITTEE WW zt'
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C. PUBLIC SAFETY COMMITTEE �J
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D. PUBLIC WORKS /L[
E. PLANNING COMMITTEE QJW G� -3
F. PARKS COMMITTEE
G. ADMINISTRATIVE REPORTS Ct&V►r4 q D Pvww
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REPORTS FROM SPECIAL COMMITTEES
CONTINUED COMMUNICATIONS
I A.
EXECUTIVE SESSION
A) Land Acquisition
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ACTION AFTER EXECUTIVE SESSION
A)