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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 09/07/2004 A City of Kent CityCouncil Meeting Agenda �. September 7, 2004 Mayor Jim White Julie Peterson, Council President �. Councilmembers Tim Clark Debbie Raplee Ron Harmon Les Thomas j Bruce White Deborah Ranniger t KENT WASHINGTON - City Clerk's Office SUMMARY AGENDA KENT CITY COUNCIL MEETING K EN T September 7, 2004 W A S M I N O T O N Council Chambers 7:00 p.m. MAYOR: Jim White COUNCILMEMBERS: Julie Peterson, President Tim Clark Ron Harmon Deborah Ranniger Debbie Raplee Les Thomas Bruce White 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. Introduction of Appointee 5. PUBLIC HEARINGS A. LID 355, SE 216th and 104th Place SE Sanitary Sewers, Final Assessment Roll Ordinance—Adopt 31 Qqv$ &,- L/ 04- B. Six Year Transportation Improvement Plan Resolution—Adopt b 7 6. CONSENT CALENDAR A. Minutes of Previous Meeting —Approve B. Payment of Bills—Approve C. 2005 Annual Budget— Set Hearing Date ID. 2005-2010 Capital Improvement Plan—Set Hearing Date E. Lodging Tax Advisory Board Member Appointment—Confirm F. 2004 Budget Adjustment Ordinance—Adopt -310 61 G. 2004 Local Law Enforcement Grant—Accept and Amend Budget H. S. 228th Street Corridor, Sound Barrier Project—Accept as Complete I. Street Vacation, McMillin Street between State and Kennebeck, Resolution 16 gS Setting Public Hearing Date—Adopt J. Boeing Development Agreement Ordinance—Adopt 3 p K. Civil Serve �o fission Re-appointment—Confirm 1 7. OTHER BUSINESS A. Motorized Wheeled Transportation Devices Ordinance—Adopt 8. BIDS 3n d None 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES (continued next page) SUMMARY AGENDA CONTINUED 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Property Negotiations B. Litigation 1 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page is on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) EMPLOYEE OF THE MONTH B) INTRODUCTION OF APPOINTEE 1 Kent City Council Meeting Date September 7, 2004 Category Public Hearings 1. SUBJECT: LID 355, SE 216TH AND 104TH PLACE SE SANITARY SEWERS, FINAL ASSESSMENT ROLL ORDINANCE—ADOPT 2. SUMMARY STATEMENT: As established by Council, this date has been set for the public hearing on the confirmation of the final assessment roll for LID 355. The City has determined that certain properties are specially benefited by the sanitary sewer system and has proposed to proportionately assess these properties in accord with those special benefits. Because the proposed final assessment roll affects specific, individual property owners, the Council sits in a quasi-judicial capacity as a board of equalization for this matter. The Public Works Director will make a presentation, followed by a brief informational statement from the City Attorney before opening the hearing. 3. EXHIBITS: Ordinance (proposed) and memo from Public Works Director 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. B. Councilmember moves, Councilmember seconds Q to adopt Ordinance No.,3109 which approves and confirms the fi 1 assessment roll on Local Improvement District 355 — SE 216th and 104th Place S sanitary sewers. 4- d---r 1 Nbfi� ep c t �Fu 5 Lr(Ca to +- ro f to.a. ul' DISCUSSION: 0_'J d ACTION: M u A 1-ot Z- — 'f,s 4$;o ca Council Agenda Item No. 5A i t i iORDINANCE NO. i i AN ORDINANCE of the City of Kent, Washington, approving and confirming the assessments and assessment roll of Local Improvement District No. 355 for the construction of an 8" sanitary sewer system with 6" side sewer stubs to the right-of-way line or easement line, as provided by Ordinance No. 3653, and levying and assessing a part of the cost and expense thereof against the several lots, tracts, parcels of land and other property as shown on the assessment roll RECITALS A The assessment roll levying the special assessments against the property located in Local Improvement District No 355 in the City of Kent, Washington (the City"),has been filed with the City Clerk as provided by law iB Notice of the time and place of the hearing to make objections and protests to the roll was published at and for the time and in the manner provided by law fixing the time and place of the hearing for September 7, 2004, at 7 00 p.m, local time, in the Council Chambers in the City Hall, Kent, Washington, and further notice of the hearing was mailed by the City Clerk to each property owner shown on the roll. t 50459775 01 1 LID 355 Final Assessment Roll C At the time and place fixed and designated in the notice, the hearing was held, all written protests received were considered, and all persons appearing at the hearing who wished to be heard were heard, and the City Council, sitting and acting as a Board of Equalization for the purpose of considering the roll and the special benefits to be received by each lot, parcel, and tract of land shown upon that roll, including the increase and enhancement of the fair market value of each parcel of land by reason of the improvement, overruled all such protests. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO ORDAIN as follows: ORDINANCE SECTION]. - Roll Confirmation. The assessments and assessment roll of Local Improvement District No. 355, which has been created and established for the purpose of constructing of an 8" sanitary- sewer system with 6" side sewer stubs to the right-of-way line or easement line, as provided by Ordinance No. 3653, as the same now i stands, is approved and confirmed in all things and respects in the total amount of $758,858. SECTION - Special Benefit. Each of the lots, tracts, parcels of land, and other property shown upon the assessment roll is determined and declared to be specially benefited by this improvement in at least the amount charged against those properties, and the assessment appearing against them is in proportion to the several assessments appearing upon the roll. There is levied and assessed against each lot, 50459775 01 2 LID 355 Final Assessment Roll i tract, or parcel of land and other property appearing upon the roll the amount finally charged against the same. SECTION 3 —Notice of Roll. The assessment roll as approved and confirmed shall be filed with the Finance Director of the City for collection, and the Finance Director is authorized and directed to publish notice as required by law stating that the i roll is in the Director's hands for collection and that payment of any assessment or any portion of that assessment can be made at any time within thirty (30) days from the idate of first publication of that notice without penalty, interest or cost, and that thereafter the sum remaining unpaid may be paid in ten (10) equal annual installments of principal and interest. The estimated interest rate is stated to be six (6.0) % per annum, with the exact interest rate to be fixed in the ordinance authorizing the issuance and sale of the local improvement bonds for Local Improvement District No. 355. The first installment of assessments on the assessment roll shall become due and payable during the thirty (30) day period commencing one year after the date of first publication by the Finance Director of notice that the assessment roll is in his or her hands for collection, and annually thereafter each succeeding installment shall become due and payable in like manner If the whole or any portion of the assessment remains iunpaid after the first thirty (30) day period, interest upon the whole unpaid sum shall be charged at the rate as determined above, and each year thereafter one of the installments, together with interest due on the unpaid balance, shall be collected. Any installment not paid prior to expiration of the thirty (30) day period during which such installment is due and payable shall become delinquent. Each delinquent installment shall be subject, at the time of delinquency, to a charge under Kent City Code Section 50459775 DI 3 LID 355 Final Assessment Roll t 3.22.030 of a penalty levied on both principal and interest due upon that installment t equal to the rate fixed in the ordinance authorizing the issuance and sale of the local improvement bonds for Local Improvement District No. 355, plus five (5) percent. All delinquent installments also shall be charged interest at the rate as determined above. The collection of delinquent installments shall be enforced in the manner provided by law. SECTION 4. — Severability If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision i shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect SECTION 5. - Effective Date. This ordinance shall take effect and be in force T five (5) days from and after its publication as required by law By JIM WHITE, Mayor i ATTEST: BRENDA JACOBER,City Clerk APPROVED AS TO FORM: Special Counsel and Bond Counsel for the City 5045977501 4 LID 355 Final Assessment Roll PASSED: day of , 2004. ' APPROVED- day of 2004. PUBLISHED: day of 2004. 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 IMayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK u I I 50459775 01 5 LID 355 Final Assessment Roll PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director K E N T Phone:253-856.5500 w w a H I N G T G N Fax 253-856-6500 Address 220 Fourth Avenue S. t Kent,WA 98032-5895 Date: September 7, 2004 To: Mayor and City Council 1 From: Do ckstrom RE: L : SE 216"Street& 100 Place SE Sanitary Sewers i Public Hearing on the Confirmation of the Final Assessment Roll September 7, 2004 has been scheduled for the confirmation hearing on the Final Assessment Roll for the above referenced LID project. BACKGROUND The City received a petition for the installation of sanitary sewers in the vicinity of SE 216" Street and 104t° Place SE including the residential plats of Mount View Park as shown on the attached maps. Subsequently, all property owners within the project area were contacted and there was adequate support to proceed with the LID formation. The project area is outside of the City limits, however, it is within the City's PAA and franchised sewer service area. The project location is shown in the City's Sewer Comprehensive Plan to be sewered by Kent. The Resolution of Intent was passed by City Council on June 17,2003 which set the hearing date for July 15, 2003. City Council passed Ordinance No. 3653 on August 5, 2003 forming the LID and ordering the construction of the sewer system. Bids were opened for the project on March 25, 2004 and the construction contract was awarded to King Construction Co.,Inc. Construction is near completion and we are ready to finalize the LID. NEED AND BENEFIT The project area consists of two older residential plats(1961 and 1964)developed with septic systems. A larger residential property (lots 1 and 2 on the map) is owned by a developer who has indicated his , interest in developing. It is not known how many existing septic systems are technically in a state of failure, however,we understand from the residence that there are septic problems in the area Usually it is difficult to repair septic problems, especially on small lots such as these with limited space. Sanitary sewers are usually the most feasible, economical and long term method for addressing these problems, especially when numerous property owners in a neighborhood support sewer installation as is the case with this project. The Department of Public Health has told us that the life expectancy of a septic system is 20 to 30 years depending on use and maintenance and that they are a short term disposal method until public sewers become available. The project area has greatly exceeded this time frame and the reports of failures substantiate that these systems are at or are near the end of their useful life. They also say that the cost of S:PEDS%Mariff=0%LM 3S5 Coofu d=Ift MemoAm i septic repairs may be as high as converting to public sewers The latest state codes make septic repairs more difficult and expensive In addition to the need for sewers to this area to replace the failing septic systems,there are environmental 1 concerns. The project area is located adjacent to the north bank of the middle fork of Gamson Creek Septic seepage and runoff can cause bank erosion and degrade water quality in the stream. SANITARY SEWER IMPROVEMENTS The project constructed an 8" sanitary sewer system with 6" side sewer stubs to the right-of-way line or easement line for each of the 39 properties included in the LID boundary. Also included were five stubs to properties not included in the LID for future connection and payment of a charge in lieu of assessment The construction included 8" sewer at the following locations. 1 ON FROM TO 1 105`t'Place SE SE 218`h Street Approximately 400 feet north SE 218d' Street 105th Place SE 105'h Avenue SE 105`t'Avenue SE SE 2180' Street SE 220'h Street approximately 75' West of East plat boundary SE 219d' Street 105th Avenue SE East and West to cul-de-sac tEasement 105d'Avenue SE mid block West to plat boundary between SE 218t" and SE 219"Streets Easement End of above easement Intersection of 103'd Place SE and SE 216`t' Street at existing manhole PROJECT FUNDING ' LID $758,858 00 CITY (Estimate) 90,000 00 ' TOTAL $848,858 00 The total LID assessment of$758,858 00 is the same as the preliminary assessment Single family lots are estimated at $15,101.20. Several larger subdlvldable properties are assessed higher due to development potential beyond a single residence. There are no City owned properties within the proposed project However, the City is contributing approximately $90,000 in sewer utility funds. This is about $30,000 more then was anticipated when the LID was formed The City will recover this expense through a charge in lieu of assessment There are five (originally anticipated only four)parcels on 1041b Place SE that were deleted from the LID when the proposal was revised and the sewer on 1040' Place SE was deleted These properties now have sewer available to them Therefore, upon their connection to the system, there will be a charge in lieu of assessment A request to establish the charge in lieu of assessment will be forthcoming once all costs are Ifinalized Each parcel's proportionate share of the total project cost 3s determined by the following method. The assessments are based upon square footages using a zone and termini method within the assessment boundary. The assessment rate decreases with 150-foot zones back from the sanitary sewer to the rear of the properties serviced In this case there are three zones. The zone rate for the first 150-foot strip of S PEDSNemIMONUD 355 Confirmation Hrg Memo dw i each parcel abutting the sanitary sewer is three times the zone rate for the 150-foot strip which begins 300-feet from the sanitary sewer, and so on There are a number of single-fammly residential lots within the LID These parcels can't sub-divide and are limited to one residence. In this case, a variation m square footage doesn't affect benefit Each of these parcels will receive one residential side sewer connection, therefore the benefit is equal The total assessment for all of these parcels determined by the square footage calculation as described above is averaged based on the total number of single family lots thereby giving equal assessments. Those portions of properties that contained steep ravines were not included in the square footage calculation assessment The lots or portions thereof that are too low for a gravity side sewer require a pumped system and were calculated at 0.5 factor. PAYMENT OF ASSESSMENT Upon Council passing the Ordinance confirming the Final Assessment Roll, there is a 30-day period in which any portion or all of the assessment can be paid without interest charges After the 30-day period, the balance is paid over a ten-year period wherein each year's payment is one-tenth of the principal plus interest on the unpaid balance. The interest will be what the market dictates. ANNEXATION TO CITY , The LID is located outside of the Kent City limits but within our sewer franchise boundary and proposed annexation area These properties will not be required to annex to the City prior to sewer connection However, each person applying for a sewer permit will be required to execute an Annexation No Protest Covenant This means that in the case of an annexation attempt, they will be counted as a "yes" vote and once enough covenants have been signed, an annexation could proceed MANDATORY SEWER CONNECTION The City Code states that all residences, whether within or outside the City limits, located within 200 feet of a City of Kent sanitary sewer shall be required to connect to the sewer and shall be billed for the service. The Code provides that compliance with this provision be within 90 days after the date of official notice to do so. In the case of a public health or safety hazard compliance shall be within 20 days of official notification Following acceptance of the construction of the project, the City will send each property owner an official notice that the sanitary sewer service is available to the parcel and is within 200 feet of the house Following the compliance period, all properties which have not yet applied for a side sewer permit will automatically be added to the sewer billing list i i 1 1 S PEDS\Mem11\2004UD 355 Confim Lion Htg Memo dm ii R IIIII�■ ':11�!�lIIIIII: �w� 1 NT PROPOSED SANITARY SEWER LID MAP CREE j WATER AND SE, _ER DISTRICT KENT SEWER EXIv IN SERVICE AREA SANI�ARY BOUNDARY SEW R �/f / / ; ' LID // i,/' L 5 BOUNDARY �/ y ; /l� 12 ., ,-I : *,�J�i / 13 LEGEND — /i% 4 ASSESSMENT /�� ' 14"'/' O NUMBER ii /•/�' ' ' �i�/�i�%// / % is// _ LID PARCEL 15 j ---PROPOSED �// // / ii%• /, I /i/%i" //�/. /i, SANITARY � i/�i ;i''-j j�/ 'ij i f/= I :�� ./ //•/. SEWER 18 i17/ NA NOT ASSESSED QUESTIONNAIRE `/ NA % / * RESPONSE ' 20 19 / % % / /%%/ / ',!/,'% "//j%• 21 :, ' 31 ' /32 i PROCEED �:, ;. i 33 /' 23 r 24 " 36 �:,i 35/i,; 34jF LID BOUNDARY / .205 26 30 L.I.D. 355 L.I.D. BOUNDARY MAP o CITY OF KENT ENGINEERING DEPARTMENT 400 W. OOWE ST KENT, WA. 90032 S.E. 216TH STREET AND 104TH PLACE S.E. KENT FINAL SANITARY SEWER LID MAP AUGUST, 2004 O (7 Kent City Council Meeting Date September 7, 2004 Category Public Hearings 1. SUBJECT: SIX YEAR TRANSPORTATION IMPROVEMENT PLAN RESOLUTION—ADOPT 2. SUMMARY STATEMENT: Each year the City is required to update the Six-Year Transportation Improvement Plan. This plan updates last year's plan. September 7, 2004, was set as the public hearing date for adoption of the plan for the years 2005-2010. The Public Works Director will make a presentation. 3. EXHIBITS: Resolution; 2005-2010 Six Year Transportation Plan, which is attached as Exhibit "A" to the Resolution; Public Works Director's memorandum and Cost Estimates 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. B. Councilmember um6oves, Councilmember seconds to adopt Resolution No.Ap 94approving the 2005-2010 Six-Year Transportation Improvement Plan. �Z 1 DISCUSSION: rJ ACTION: Council Agenda Item No. 5B RESOLUTION NO. 1 A RESOLUTION of the City Council of the City of Kent, Washington, adopting the 2005 through 2010 Six- Year Transportation Improvement Plan. RECITALS A. After proper notice, the City Council of the City of Kent held a public ' hearing at the regular meeting of the City Council at 7.00 p m. on September 7, 2004, to consider public testimony on the City's proposed 2005 through 2010 Six-Year jTransportation Improvement Plan. B. Having considered public testimony to the plan,the Council would like to adopt the 2005 through 2010 Six-Year Transportation Improvement Plan. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, ' WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. — Adoption The 2005 through 2010 Six Year Transportation Improvement Plan,set forth in Exhibit"A,"which is attached and filed with the City Clerk, is hereby adopted. 1 2004-2009 Six Year Transportation Improvement Plan t t CITY OF KENT, WASHINGTON SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM t 2005 - 2010 i • I KENT WASHINGTON i Mayor Jim White Don E. Wickstrom, P.E. Director of Public Works CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2005-2010 Table of Contents 1 Resolution adopting the 2005-2010 Six Year TIP ........ ....... .... .. . .............. . . .. i 2. Statement of Purpose..... ............ ........................... ..... ................ ......................iii 3. Map of the Projects. .. .. . . ..... .... . .... .. .... . .. . .. .... ... ..................... ................. Iv 4. Listing of the Projects .. . . . . .. .. .. ... .. ... ... . .. ............. ................ . ... v 5 Section I Projects.......... ... .......... ... ..... . . . . . ...... ............. .. .... .. .....1 — 17 6. Section 2 Projects.. . . .... ............... .. .. .. ..... .. . .. .. ....... .......... ...........18—33 7 Section 3 Projects.. .. . . . ................ . .. ... ....... ... . .. ....... 34—37 8. Contact Information..... . . .................. . . . . .......................... ..... . .......38 1 i CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM , 2005-2010 PURPOSE Mandated by State Law State law requires that each city develop a local Transportation Improvement Program(TIP) and that it be annually updated (RCW 35.77.010). Projects must be included in the TIP in order for cities to compete for transportation funding grants from most Federal and State sources Federal grant funded and regionally significant projects from the first three years of the City's TIP are included in the Regional TIP, which is assembled by the Puget Sound Regional Council for King, Kitsap, Pierce and Snohomish Counties The regional TIPS (RTIP) from around the state are then combined to form the State TIP (STIP),which is approved by the Governor and then submitted to the Federal Highway Administration and Federal Transit Authority for their review and approval What is the Six Year Transportation Improvement Program (TIP)? The Six-Year Transportation Improvement Program(TIP) is a short-range planning document that is annually updated based on needs and policies identified through a variety of sources It represents Kent's current complete list of needed projects for the next six years. The document also identifies secured or reasonably expected revenue sources for each of the projects included in the TIP. Typically,projects listed in the first three years of the document are shown as having secured funding while projects in the last three years may be only partially funded at this time. Development of the Six-Year TIP is an On-Going Process Within the Public Works Department, Transportation Planning works with engineers and engineering managers in Design, Construction, Transportation, Project Management, Accounting, and Maintenance and Operations to identify and prioritize transportation improvement projects. TIP project and financial development also involve interactions with many groups and agencies at the local, regional, state and federal levels such as those involving King County Metro Transit, Sound Transit, the Washington Transportation Plan, Destination 2030, and coordinating with the Burlington Northern Santa Fe and Union Pacific Railroads. Within the City of Kent, there are actions and interactions involving other departments and divisions, the private sector, and the City Council and the Administration which influence the direction of the transportation program. 117 For example,the transportation program is impacted by land use decisions and private development proposals such as the Kent Station development in the downtown urban center which will increase transportation demand by making possible higher density and a significant intensity of land uses Such proposals need to be monitored and analyzed in regard to how they individually and collectively create the need for transportation improvements. Transportation Planning attempts to anticipate such increases in transportation system demand through periodic updates to the Kent Transportation Planning Model. By entering all known private and public development projects into the model as well as additions to the transportation system on a systematic basis, the model inputs can be modified to represent future conditions, making it possible to project future traffic volumes. This gives transportation planners and engineers the ability to determine the impact of different roadway or land use scenarios on the 1 traffic network. This, in turn, helps decision makers evaluate the economic merits of competing potential capital improvements as far as 15 years into the future. Finally, with its heavy dependence on many different and unpredictable sources of outside funding and with the impacts created by on-going local, regional and state-wide decisions, transportation project development is a continuous activity comprised of land use development, environmental regulations, legislative politics,and financial constraints Structure of the Program ' The 2005-2010 Six-Year Transportation Program is divided into three general sections. The first section covers Projects 1-17. These are projects which are currently underway or expected to be underway by the end of 2005 The second section covers Projects 18-31. These are projects which are expected to begin in 2006 or later. The details of these projects will become more defined both in scope and financial partnership positions as the construction dates approach. ' The third section, Projects 32-35, are ongoing city-wide projects or programs in which the City is making continuous improvements and enhancements. 1 1 1 Cny Of Kent Six Year 3 Transportation Improvement s Y` Program 13 22 T i e! 3It _ to � v _ Scale:V c 4OW' Kom City Urcks P_y 23 2Y'^ -. TEES E000►ROJECTS P7 .1 t.p ARE ENO W M MI REO 59 �..,.- N TEES 2005 2010 PROJECTS ARE SNOWN W GREEN 27 +`0 KENT 1 1 1 1 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2005-2010 Project Project Name Number Project Location and Extent Page 1 Pacific Highway South (SR 99)HOV Lanes—North Phase 1 South 252"d Street to Kent-Des Moines Road(SR 516) 2 Pacific Highway South (SR 99)HOV Lanes—South Phase 2 South 272"d Street to South 252d Street 3. Kent Station Infrastructure Improvements 3 Vicinity of 4th Avenue North and Ramsay Way 4 4`h Avenue North and West Smith Street 4 Intersection Improvement 5. West Smith Street Improvements 5 East of 4`h Avenue North to Railroad Avenue North 6. Pioneer Street Improvements 6 Central Avenue North to Railroad Avenue North ' 7 Military Road South at Reith Road 7 Intersection Improvement 8. South 228`h Street Corridor-Phase I 8 Military Road South to 64`h Avenue South 9. Central Avenue/Burlington Northern Santa Fe Railroad 9 Grade Crossings Signals Intertie Interconnection of intersection traffic signals along Central Avenue With BNSFRR grade-crossing signals 10. South 2281h Street/Burlington Northern Santa Fe Railroad 10 Grade Separation Grade separation crossing at Burlington Northern Santa Fe RR j11. South 228`h Street/Union Pacific Railroad Grade Separation 11 Grade Separation crossing at Union Pacific Railroad 12. Interurban Trail Crossings Signal Interconnect 12 West Meeker Street and West Smith Street v CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2005-2010 Project Project Name ' Number Protect Location and Extent Page ' 13. South 212th Street Pavement Rehabilitation 13 Green River Bridge to West Valley Highway (SR 181) 14. Smart Growth Initiative 14 Smith Street and Willis Street improvements 15. 84th Avenue South Widening&Pavement Rehabilitation 15 SR 167 to South 212'h Street 16. South 2771h Street Corridor Extension 16 Widen 116'h Ave SE Kent-Kangley Road(SR 516) to SE 256`h Street 17. South 277th Street Bicycle/Pedestrian Trail 17 , Green River Road to 108'h Avenue Southeast 18 72"d Avenue South Extension 18 South 200'h Street to South 196`h Street 19. Central Avenue South Pavement Rehabilitation 19 Green River Bridge to East Willis Street (SR 516) 20. Willis Street (SR516)/Union Pacific Railroad Grade Separation 20 Grade Separation Crossing at Union Pacific Railroad 21. South 272"d Street Widening -Phase 1 21 , 26'h Avenue South to Military Road South 22. South 2121h Street/Railroad Gate Demonstration 22 Demonstration of new type of Railroad Crossing Gate 23. Willis Street (SR 516)/Burlington Northern Santa Fe Railroad 23 t Grade Separation Grade Separation crossing at Burlington Northern/Santa Fe Railroad 24. 801h Avenue South Widening 24 South 196`h Street to South 188h Street ' vi 1 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2005-2010 Project Project Name Number Project Location and Extent Page 25 South 228`h Street Corridor Project-Phase III 25 84'h Avenue South to I04'h Avenue Southeast (Benson Road) (SR 515) 26 South 272"d Street Widening- Phase H 26 Pacific Highway South to Military Road South and I-5 HOV Loop-Ramp 27 South 272"d Street Widening—Phase III 27 Pacific Highway South to Military Road South 28 South 196'h/192°d Street Corridor—Phase III 28 84`h Avenue South to IO8'h Avenue Southeast (Benson Road) 29 Military Road South Widening—Phase II 29 South 272"d Street to Reith Road 30. SR 167 WIDENING 30 31 I-5/S. 272°d Street Interchange Reconstruction—Phase I 31 Provide transit and HOV Direct-Access at S 272"1& 1-5 32 West Meeker Street Widening Project—Phase I 32 64th Avenue South to the Green River Bridge 33 West Meeker Street Widening Project—Phase II 33 SR 516 to the east side of the Green River, including a bridge 1 34 Bicycle and Pedestrian Improvements 34 Ongoing Citywide Program 1 35 Guardrail and Safety Improvements 35 Ongoing Citywide Program 36. Americans with Disabilities Act Compliance Sidewalk 36 Repair and Rehabilitation Ongoing Citywide Program 37. Community Based Circulating Shuttles 37 Ongoing Citywide Program vii CITY OF KENT ' SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2005-2010 SECTION 1 PROJECTS 1 — 17 , These projects are currently underway or are expected to begin by the end of 2005 ' 1 1 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005 PROJECT # 1: Pacific Highway South (SR 99) HOV Lanes—North Phase South 252nd Street to Kent-Des Moines Road (SR 516) DESCRIPTION: Widen Pacific Highway South to provide a pair of HOV (High Occupancy Vehicle) lanes from South 252nd Street to the Kent-Des Moines Road (SR 516). The project will also provide a seven foot wide concrete sidewalk and modify existing traffic signal systems at South 240th Street, and at South 252nd Street. The project will include construction of full width paving, concrete curbs and gutters; landscaping; storm drainage, utilities; and appurtenances. PROJECT COST: Preliminary Engineering... .. .. ....$1,300,000 Right of Way Acquisition. ..... . . .$850,000 Construction ... .. .. . .. . . .. .......$7,700,000 TOTAL........................................$9,850,000 FUNDING SOURCE (S): STP, TIB, T1A, City of Kent, WSDOT Funded PROJECT JUSTIFICATION: This project will reduce peak hour single-occupant vehicle trips by encouraging high occupancy vehicle usage Pacific Highway South (SR 99) is a regionally significant north-south arterial heavily used by ' commuters for access from South King County to the employment centers in South Seattle, and provides alternative access to I-5 and Sea- Tac airport AIP-Arterial Improvement Program[State].CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action ' Strategy for Everett-Seattle-Tacoma Corridor FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PIYTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TM—Transportation Improvement Account,TIB—Transportation Improvement Board[State],7PP—Transportation Partnership Program[State] 1 L CITY OF KENT ! SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005 PROJECT#2: Pacific Highway South (SR 99)HOV Lanes—South Phase , South 272nd Street to South 252"d Street , DESCRIPTION: Widen Pacific Highway South to provide a pair of HOV (High Occupancy ' Vehicle) lanes from South 272nd Street to South 252nd Street. The project will also provide a seven foot wide concrete sidewalk, and modify existing traffic signals at the Fred Meyer Shopping Center, South 260th Street, and South 272rid Street. The project will include construction of full width paving; concrete curbs and gutters; landscaping; storm drainage; utilities, and appurtenances. PROJECT COST: Preliminary Engineering .... ...... $1,000,000 Right of Way Acquisition... .. .....$1,800.000 Construction .. ........................... $6,900,000 TOTAL........................................$9,700,000 t FUNDING SOURCE (S): STP, TIB, AIP, TPP, City of Kent, WSDOT Funds t Funded PROJECT JUSTIFICATION: The project will reduce peak hour single-occupant vehicle trips by , encouraging high occupancy vehicle usage Pacific Highway South (SR 99) is a regionally significant north-south arterial heavily used by commuters for access from South King County to the employment ' centers in South Seattle, and provides additional access to I-5 and Sea- Tac Airport. AIP-Arterial Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action ' Strategy for Everett-Seattle-Tacoma Corridor,FMSIB-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Administration[Federal],HES-Hazard Elimination[Federal],17S-Intelligent Transportation Systems[Federal],LID- Local Improvement District,PWTF-Public Works Trust Fund Loan[State],97T-Surface Transportation Program[Federal], TL4-Transportation Improvement Account,TIB-Transportation Improvement Board[State],7PP—Transportation Partnership Program[State] 2 1 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005 PROJECT#3: Kent Station Infrastructure Improvements Vicinity of 4 h Avenue North and Ramsay Way ' DESCRIPTION: Pave Ramsay Way from West Temperance Street to 4th Avenue North and install a traffic signal at the intersection of 4`h Avenue North and ' Ramsay Way. Widen the west half of lst Avenue North from West Smith Street to Temperance Street. The project will include full width paving, concrete curbs, gutters, and sidewalks; landscaping; storm drainage; ' utilities; and appurtenances on Ramsay Way and the same improvements will be provided on the west half of 1st Avenue North between West Smith Street and Temperance Street. ' PROJECT COST: Preliminary Engineering .. . .. .. . $50,000 ' Right of Way Acquisition .. ................ $-0- Construction ......... . . .. ....... ... ....$450,000 ' TOTAL...........................................$500,000 ' FUNDING SOURCE (S): City of Kent Funded PROJECT JUSTIFICATION: This project provides the necessary transportation infrastructure for development of Kent Station and adjacent properties. The project is ' coordinated with transit and commuter rail improvements in and around the vicinity of Kent Station and the Kent Transit Center sites. The project includes street improvements required for the development of the site, as well as mitigation measures (traffic signal) to accommodate access to the City arterial street system. AIP-Arterial Improvement Program[State].CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FT.9—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal].ITS—intelligent Transportation Systems[Federal],LID— Local•improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account,77B—Transportation Improvement Board[State],7PP—Transportation Partnership Program[State] 3 CITY OF KENT r SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005 PROJECT#4: 4th Avenue North and West Smith Street ' Intersection Improvement ' DESCRIPTION: Reconstruct the 4th Avenue North and West Smith Street intersection by widening each approach to add a left turn pocket with appropriate left turn , storage and replace the traffic signal. This project will include construction of full width paving, concrete curbs, gutters, and sidewalks; landscaping; storm drainage; utilities, and appurtenances. ' PROJECT COST: Preliminary Engineering. ............ .$185,000 Right of Way Acquisition. ... . .......$140,000 Construction ... . . ... . .. . ...... ..$635,000 TOTAL...........................................$960,000 , FUNDING SOURCE(S): City of Kent,ITS ' Funded PROJECT ' JUSTIFICATION: The intersection currently has four lanes on each approach. Volumes are such that it is necessary to operate the signal to serve only one approach , at a time. This project widens each approach to provide for a separate left turn pocket with appropriate storage. This allows a much more efficient operation of the signal at this intersection, and significantly ' enhances the traffic signal progression along both of these heavily traveled arterial corridors. This project also improves traffic operations and provides arterial capacity for urban revitalization and serves as a key transit corridor. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action , Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal]-ITS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],7PP—Transportation Partnership ' Program[State] 4 ' CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005 PROJECT#5: West Smith Street Improvements Improvements to West Smith Street from east of 4th Avenue North to Railroad Avenue North ' DESCRIPTION: Widening on West Smith Street to provide separate left turn lanes at 2"d Avenue North and Railroad Avenue North, installation of a new traffic signal at the intersection of West Smith Street and 2"d Avenue North PROJECT COST: Preliminary Engineering.................$200,000 ' Right of Way Acquisition..........................$0 Construction ............... .......... ... ....$800,000 TOTAL........................................$1,000,000 FUNDING SOURCE (S): City of Kent, ITS ' Funded PROJECT ' JUSTIFICATION: The new signal at 2"d Avenue North will provide access to/from the Kent Transit Center which includes the bus center plus connections to each of the commuter rail platforms and the downtown Park & Ride parking ' structure. The intersection at West Smith Street and 2"d Avenue North will also provide the principal pedestrian connection between the historic downtown area, the Kent Transit Center, and the planned Transit ' Oriented Development(TOD) referred to as Kent Station. AIP-Artenal Improvement Program[state],CMAQ—Congestion Mitigation and Air Quality [Federal],FAST—Freight Action ' Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],I7S—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PWTF—Public Forks Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],7PP—Transportation Partnership ' Program[State] 5 CITY OF KENT r SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005 PROJECT#6: Pioneer Street Improvements Central Avenue North to Railroad Avenue North DESCRIPTION: Widen Pioneer Street between Railroad Avenue North and Central Avenue North including signal improvements at Central Avenue North ' and Pioneer Street. PROJECT COST: Preliminary Engineering.. .. .. ...... .$100,000 , Right of Way Acquisition.......................$-0- , Construction ............................. . ...$336,000 TOTAL...........................................S4369000 ' FUNDING SOURCE (S): City of Kent, ITS ' Funded PROJECT ' JUSTIFICATION: Improvements to the corner radii and widening of Pioneer Street will enhance transit access to the Kent Transit Center. The signal upgrade includes traffic signal interconnect to the traffic signal system. This project is crucial to providing adequate access for the regional transit services to maneuver their buses into the Kent Transit Center and ' circulate through the Transit Center with minimal conflict from pedestrian or vehicle traffic. AIP-Arterial Improvement Program[State].CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action ' Strategy for Everett-Seattle-Tacoma Corridor,FMSIB-Freight Mobility Strategic Investment Board[State],FT.4-Federal Transit Administration[Federal],HES-Hazard Elimination[Federal].ITS-Intelligent Transportation Systems[Federal],LID- Local Improvement District,PWTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], TIA-Transportation Improvement Account,TIB-Transportation Improvement Board[State];TPP—Transportauon Partnership ' Program[State] 6 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005 PROJECT#7: Military Road South at Reith Road Intersection Improvement DESCRIPTION: Widen all approaches of Military Road South at Reith Road intersection to provide exclusive left turn lanes for each approach, and exclusive right turn lanes for northbound and southbound traffic on Military Road South and westbound traffic on Reith Road. Replace the existing traffic signal. The project will include the construction of full width paving, paved shoulders, street lighting, storm drainage, utilities and appurtenances. PROJECT COST: Preliminary Engineering.. .... . ......$100,000 Right of Way Acquisition...... .. . .....$50,000 Construction . .................... ... .... ...$900,000 TOTAL........................................$1,050,0 00 FUNDING SOURCE (S): AIP. City of Kent, STP Partially Funded PROJECT JUSTIFICATION: The level of development on the Kent West Hill, coupled with the growth in the Puget Sound area and the regularly occurring congestion along both Pacific Highway South and Interstate 5 results in significant congestion at this intersection in the morning and evening peak hours A1P-Artenal Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action I Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],,FT.4—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],I7S—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account,TIB—Transportation improvement Board[State],TPP—Transportation Partnership Program[State] 7 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005 PROJECT#8: South 228th Street Corridor-Phase I Military Road South to 64'h Avenue South DESCRIPTION: Construction of a new five-lane roadway from SR-516 along Military Road South to approximately Bolger Road, then from Military Road South to 64th Avenue South, including a new bridge over the Green River The project will include the construction of full-width paving; a bridge, concrete curbs, gutters, sidewalks; street lighting; storm drainage; landscaping; utilities and appurtenances; installation of traffic signals at the corridor's intersections with Military Road South and Lakeside Boulevard; sound barrier along The Lakes community; and widening of the existing roadway where required. PROJECT COST: Preliminary Engineering..............$4.800,000 Right of Way Acquisition... ........$1,800,000 Construction ..... ... ............ . . $20,400,000 TOTAL......................................$27,000,000 FUNDING SOURCE(S): TPP, City of Kent,LID, TIB, FMSIB. PWTF Funded PROJECT JUSTIFICATION: James Street and Meeker Street `corridors' are not feasible to widen sufficiently to accommodate forecast traffic volumes and future development. West Meeker Street currently represents the only east-west arterial that crosses the Green River between SR 516 and South 212th Street. This project will provide required east-west capacity. AIP-Artenal Improvement Program[State] CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FT.9—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],17S—Intelligent Transportation Systems[Federal],bID— Local Improvement District,PWTF—Public works Trust Fund Loan[State],S7P—Surface Transportation Program[Federal]; 774—Transportation Improvement Account,77B—Transportation Improvement Board[State];7PP Transportation Partnership Program[State] g CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005 PROJECT#9: Central Avenue and Burlington Northern Santa Fe Railroad Grade Crossings Signals Intertie DESCRIPTION: Improvements to the Burlington Northern Santa Fe Railroad grade crossing signals. Includes installation of detector loops near the grade crossing and the intertie cable in underground conduit between the railroad grade signal and the corresponding traffic signal on Central Avenue at five arterials (East James Street, East Smith Street, East Meeker Street, East Gowe Street, and East Willis Street) PROJECT COST: Preliminary Engineering..... .. ..... ....$20,000 Right of Way Acquisition........ ....... ........$0 Construction .......... ... ... . .. . . . . .$120,000 TOTAL...........................................$140,000 FUNDING SOURCE (S): City of Kent, ITS Funded PROJECT JUSTIFICATION: These improvements to the railroad grade crossing signals will enhance the safety of the arterial street crossings of the Burlington Northem/Santa Fe Railroad, a requirement of the Washington Utilities and Trade Commission (WUTC), to allow increased train operating speeds for passenger and freight rail. The increase in operating speed (with appropriate safety upgrades) is essential to increasing the number of trains through the region, improving mobility and capacity for freight rail and passenger rail. Central Avenue is a Principal Arterial street, roughly parallel to the BNSFRR and approximately 480 feet easterly of the centerline of the BNSFRR tracks. A1P-Arterial improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FT.4—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],7PP—Transportation Partnership Program[State] 9 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005 PROJECT#10: South 228th Street/Burlington Northern Santa Fe Railroad Grade Separation Grade Separation crossing at Burlington Northern/Santa Fe Railroad DESCRIPTION: Construct grade separation of the Burlington Northern Santa Fe Railroad mainline tracks at South 228"' Street. The project will include the construction of a railroad bridge, road underpass; full-width paving; concrete curbs, gutters, and sidewalks; street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering.. ...........$1,250,000 Right of Way Acquisition........... $1,000,000 Construction ...... ... . . .. ..... .. .$17,750,000 TOTAL......................................$20,000,000 FUNDING SOURCE (S): City of Kent, TIB, FAST, FMSIB, Burlington Northern/Santa Fe Railroad Partially Funded PROJECT JUSTIFICATION: The project will lead to a seamless connection between major freight handlers and their primary destinations. This project will support freight moving through Kent to the Ports of Seattle and Tacoma, Sea-Tac Airport and the freeway system. Grade separating the arterial will increase both rail and roadway capacity, decrease congestion, enhance safety, and improve freight mobility in the corridor and throughout the region. This project will provide regional connections between thousands of businesses, employers, and 40 million square feet of warehouse/industrial space. The level of freight and passenger rail traffic on the BNSF Railroad mainline is rising as a consequence of increased traffic in the Puget Sound area, and new Sound Transit and Amtrak service. AIP-Arterial Improvement Program[State].CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] 10 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005 PROJECT#I1: South 228th Street/Union Pacific Railroad Grade Separation Grade Separation crossing at Union Pacific Railroad DESCRIPTION: Construct grade separation of the Union Pacific Railroad mainline tracks at South 228th Street. The project will include the construction of a railroad bridge structure, a bicycle and pedestrian bridge, and a road underpass; full-width paving; concrete curbs, gutters and sidewalks; street righting;utilities and appurtenances PROJECT COST: Preliminary Engineering . ....... ..$1,500,000 Right of Way Acquisition.. ..... .. $1,000,000 Construction . .... . ..... . ... .... ..$19,500,000 TOTAL......................................$22,000,000 FUNDING SOURCE(S): City of Kent, T113, FAST, FMSIB, Union Pacific Railroad PROJECT JUSTIFICATION: The project will lead to a seamless connection between major freight handlers and their primary destinations. This project will support freight moving through Kent to the Ports of Seattle and Tacoma, Sea-Tac Airport and the freeway system. Grade separating this arterial will increase both rail and roadway capacity, decrease congestion, enhance safety, improve freight mobility in this corridor and throughout the region. This project will provide regional connections for thousands of businesses, employers, and the 40 million square feet of warehouse/industrial space in the valley. AIP-Arterial Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB-Freight Mobility Strategic Investment Board[State],FT.4-Federal Transit Administration[Federal],HES-Hazard Elimination[Federal],IYS-Intelligent Transportation Systems[Federal],LID- Local Improvement District,PWTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], TM-Transportation improvement Account,TIB-Transportation Improvement Board[State],7PP—Transportation Partnership Program[State] 11 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005 PROJECT#12: Interurban Trail Crossings Signal Interconnect West Meeker Street and West Smith Street DESCRIPTION: Interconnect the existing traffic signals at the Interurban Trail crossings at West Meeker Street and West Smith Street to the Union Pacific crossing signals at said streets. PROJECT COST: Preliminary Engineering....... . ..... .. $30,000 Construction . .. ....................... .. ...$240,000 Right of Way Acquisition.... ... ........$-0- TOTAL...........................................$270,000 FUNDING SOURCE (S): STP, City of Kent PROJECT JUSTIFICATION: This project is required in order to interconnect the existing street signals with the railroad crossing signals. It will eliminate potential conflict where traffic could backup across the railroad tracks. AIP-Arterial Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Administration[Federal],HES-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems[Federal],LID- Local Improvement District,PWTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal]; TM-Transportation Improvement Account,TIB-Transportation Improvement Board[State],7PP—Transportation PaMership Program[State] 12 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005 PROJECT#13: South 212th Street Pavement Rehabilitation Green River Bridge to West Valley Highway (SR 181) DESCRIPTION: Remove and rehabilitate the existing roadway pavement to add additional service life to the asphalt roadway on S 212 Street from 300 feet east of the Green River bridge to West Valley Highway (SR 181). This project will include the removal and replacement of the upper two inches of the existing asphalt pavement in the curb lanes in both directions; and a full- width asphalt pavement overlay of the entire roadway. This project will also include the selective replacement of catch basin inlets and driveway approach aprons, and sections of concrete curbs and gutters. PROJECT COST: Preliminary Engineering.. .. .: .$25,000 Right of Way Acquisition.. ....$0 Construction................ ...... ... $450,000 TOTAL.................................$475,000 FUNDING SOURCE (S): STP, City of Kent Funded PROJECT JUSTIFICATION: The existing asphalt pavement along this section of South 212`h Street is exhibiting signs of distress, as demonstrated by "alligatoring", longitudinal cracking, and cracking of the concrete curbs and gutters. The end of the service life of this roadway has been reached. Reconstruction of the pavement to extend the service life of the roadway and prevent further degradation is required. AN-Arterial Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Administration[Federal],HES-Hazard Elimination[Federal],17N-Intelligent Transportation Systems[Federal],LID- Local Improvement District,PWTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], TM-Transportation Improvement Account,17B-Transportation improvement Board[State],TPP—Transportation Partnership Program[State] 13 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005 j PROJECT#14: Smart Growth Initiative DESCRIPTION: Widen Smith Street to provide a left turn lane from eastbound Smith Street onto northbound Lincoln Avenue. Project includes the construction of a new traffic signal at the Intersection of Smith and Lincoln as well as the reconstruction of existing curb, gutter and sidewalks along Smith Street. Widen Willis Street to provide a left turn lane from eastbound Willis Street to northbound 2"d Avenue S. Thisproject includes construction of new curb, gutter and sidewalks along 2" Avenue between Willis Street and Saar Street. PROJECT COST: Preliminary b Engineenng....... . .$196,000 Right of Way Acquisition..... . . .$265,000 Construction. .. ... . .... ....... ... ....$1,090,000 TOTAL........................................$1,551,000 FUNDING SOURCE(S): STP, City of Kent PROJECT JUSTIFICATION: These projects will improve traffic flow within the Kent Urban Center and improve access to Kent Station and the downtown business district The [eft turn pocket at Willis and 2"d Streets will improve access to the City's Central Business District and stimulate economic development by providing a direct connection between downtown Kent and State Route 516. The left turn pocket and signal at Smith and Lincoln Streets will facilitate the redevelopment of a portion of King County Metro's Park&Ride Lot. AIP-Arterial Improvement Program[State]-CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Administration[Federal],HES-Hazard Elimination[Federal],17S-Intelligent Transportation Systems[Federal],LID- Local Improvement District,PWTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], 77A-Transportation Improvement Account,TIB-Transportation Improvement Board[State],7PP—Transportation Partnership Program[State] 14 i CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM i YEAR: 2005 PROJECT 415: 84th Avenue South Widening and Pavement Rehabilitation SR 167 to South 212th Street DESCRIPTION: Construct 3 continuous Southbound lanes from S 212t}' St to S 224' St. where such lanes do not currently exist. Construct continuous sidewalks from S 212th St to SR 167. Remove and rehabilitate the existing roadway pavement along the existing curb lanes in both directions to add additional service life to the roadway between SR 167 and South 212th Street. Overlay the entire roadway area with asphalt concrete pavement. Finally include the selective replacement of catch basin inlets, driveway approach aprons and curbs and gutters. PROJECT COST: Preliminary Engineering........... .....$145,000 Right of Way Acquisition... ...........$585,000 Construction ................................$2,025,000 TOTAL........................................$2,755,000 FUNDING SOURCE (S): STP, City of Kent, TIB, LID Partially funded PROJECT JUSTIFICATION: The existing pavement along this section of 84th Avenue South is showing signs of structural distress as demonstrated by "alligatoring", longitudinal cracking, and cracking of the curbs and gutters. An inverted crown section also occurs at the former curb line along many of the sections of this street. This inverted crown section results in the ponding of stormwater in the street along the seam line, which increases the failure rate of the roadway pavement AIP-Artenal Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action i Strategy for Everett-Seattle-Tacoma Comdor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] 15 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005 PROJECT#16: South 277th Street Corridor Extension Widen I I6`h Avenue Southeast from Kent-Kangley Road (SR 516)to Southeast 256 h Street DESCRIPTION: Widen 116d' Avenue Southeast to provide a five-lane roadway, including four general-purpose travel lanes, a two-way left turn lane and a bicycle facility. Also included in this project will be the widening of the intersection of Kent-Kangley Road and 116th Avenue Southeast to add an additional left turn lane to provide dual left turn lanes westbound on Kent- Kangley Road to southbound 116"' Avenue Southeast The project will include the construction of paving; concrete curbs, gutters, sidewalks; bicycle lanes; paved shoulders; street lighting; storm drainage; utilities and appurtenances PROJECT COST: Preliminary Engineering.................$484,500 Right of Way Acquisition.............. $375,500 Construction ................................$2,140,000 TOTAL........................................$3,000,000 FUNDING SOURCE (S): TIB, City of Kent Partially funded PROJECT JUSTIFICATION: This project extends the South 277th Street Corridor northward to Southeast 256 h Street. Traffic studies have indicated that traffic demand will continue to increase on this section of l l6th Avenue. This roadway facilitates traffic from Southeast 256th Street to the 272"d/277th Street Corridor. AIP-Arterial Improvement Program[State],CAIAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],HES—Hazard Elimmauon[Federal],ITS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal]; 77A—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] 16 I CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005 PROJECT #17: SOUTH 277"' STREET BICYCLE/PEDESTRIAN TRAIL Green River Road to 108`'Avenue SE DESCRIPTION: Construct a 10 foot wide paved asphalt bicycle/pedestrian trail from the Green River Road to 108ei Avenue SE, just South of South 277t' Street This trail will have a grade from 2% to 10% slope over the approximately one mile length. PROJECT COST: Preliminary Engineering . ..... ... ...$100,000 Right of Way Acquisition.......................$-0- Construction ...... ............... .......$1,156,070 TOTAL........................................$1,256,070 FUNDING SOURCE (S): STP, City of Kent PROJECT JUSTIFICATION: The trail will provide a major non-motorized access connection between the Green River Valley and the East Hill area of Kent. It will provide a safe and scenic route through a wooded hillside for cyclists and pedestrians to connect with other trail systems along the Green River and the Interurban Trail via South 277w Street with bicycle/pedestrian facilities on SE 274a' w'ay. This project will help to achieve the goals of the Kent Comprehensive Plan and PSRC's Destination 2030. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seanle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],17S—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account,77B—Transportation Improvement Board[State],7PP—Transportation Partnership Program[State] 17 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2005-2010 i SECTION 2 PROJECTS 18 — 33 These projects are expected to begin construction in the years 2006 through 2010 1 1 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2006 PROJECT#18: 72ad Avenue South Extension South 200`h Street to South 196`h Street DESCRIPTION: Construct a new four-lane roadway from South 200th Street to South 196`h Street. The project will include the crossing of Mill Creek and construction of full-width paving; concrete curbs, gutters, and sidewalks; street lighting; storm drainage; landscaping; utilities and appurtenances PROJECT COST: Preliminary Engineering.. . . . . .. .$170,000 Right of Way Acquisition.......................$-0- Construction ......................... . .......$600,000 TOTAL...........................................S700,000 FUNDING SOURCE (S): City of Kent PROJECT JUSTIFICATION: Continued development in the northern Kent industrial area, and high levels of congestion along West Valley Highway between the South 180'h Street and South 1961h Street corridors, mandate additional north-south arterial capacity. This project provides some relief for South 180d'Street, South 196h Street, and South 2120' Street intersections along West Valley Highway. It also provides improved access to the South 1961h Street corridor from industrial development along 72nd Avenue South. AJP-Arterial Improvement Program[State].CMMQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Eveiett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],175—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] 18 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM j YEAR: 2006 PROJECT#t19: Central Avenue South Pavement Rehabilitation Green River Bridge to East Willis Street(SR 516) DESCRIPTION: Remove and rehabilitate the existing roadway pavement to add additional service life to the roadway, between the Green River Bridge and East Willis Street (SR 516. This project will include the removal and replacement of the upper two inches of the existing pavement in the curb lanes in both directions, and a full-width asphalt concrete overlay of the entire roadway, and will also include the selective replacement of catch basin inlets, and driveway approach aprons, as well as curbs and gutters. PROJECT COST: Preliminary Engineering. .................$50,000 i Right of Way Acquisition..... ....................$0 Construction ............. ............... ....$550,000 TOTAL...........................................$6009000 FUNDING SOURCE (S): STP, City of Kent PROJECT JUSTIFICATION: The existing paving along this section of Central Avenue South is ' exhibiting signs of distress, as demonstrated by "alligatoring", longitudinal cracking, and cracking of the curbs and gutters. The service life of this roadway has been reached, necessitating reconstruction of the pavement to extend the service life of the roadway, and prevent further pavement degradation. AIP-Arterial Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Eveiett-Seattle-Tacoma Corridor,FMSIB-Freight Mobility Strategic Investment Board[State],FT.4-Federal Transit Administration[Federal],HES-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems[Federal];LID- Local Improvement District,PWTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], TIA-Transportation Improvement Account,TIB-Transportation Improvement Board[State],TPP Transportation Partnership Program[State] 19 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2006 PROJECT#20: Willis Street(SR 516)/Union Pacific Railroad Grade Separation Grade Separation Crossing at Union Pacific Railroad (UPRR) iDESCRIPTION: Construct grade separation of the Union Pacific Railroad's mainline tracks at Willis Street (SR 516). The project will include the construction of a railroad bridge; a 4-lane roadway under crossing; full-width paving, concrete curbs, gutters, and sidewalks; street lighting, utilities and appurtenances. PROJECT COST: Preliminary Engineering.. . .. ... ..$4,000,000 Right of Way Acquisition.... .. .. ........ ......$0 Construction . .......... ........... $16,000,000 TOTAL......................................$2090009000 FUNDING SOURCE (S): City of Kent, FAST, TIB, Union Pacific Railroad PROJECT JUSTIFICATION: This project supports east-west freight and commuter mobility in the Green River Valley. More than 27,000 vehicles per day travel on Willis Street, including over 800 freight-bearing trucks. The level of freight traffic on the UP Railroad mainline is also increasing to approximately 20 trains a day Grade separations provide the solution to the costly problem of congestion. The RR crossing will no longer impede freight and other traffic flow. Reductions in traffic congestion on adjoining streets and reduced environmental impacts caused by traffic congestion is also expected. This project will enhance Kent as an economic generator and provide regional connections for thousands of businesses, employers, and commuters AIP-Arterial Improvement Program[State].CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor FMSIB-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Administration tFederal],HES-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems[Federal],LID- Local Improvement District,PWTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], TM-Transportation Improvement Account,TIB-Transportation Improvement Board[State],7PP—Transportation Partnership Program[State] 20 i CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2007 i PROJECT#21: South 272"d Street Widening-Phase I 26`h Avenue South to Military Road South DESCRIPTION: Widen the intersection of South 272"d Street and Military Road South to extend the existing left turn pockets on the west and north approaches and also add an 1100 foot right turn lane on the north approach. The South 272nd Street I-5 undercrossing will be excavated and the existing four lanes under the bridge widened to seven lanes. These lanes will include four general-purpose lanes, a two-way left turn lane, and two lanes held in reserve for Phase III of this project. This project will also include the construction of full width paving (including shoulders), drainage, utilities and appurtenances. PROJECT COST: Preliminary Engineering............. $1,100,000 Right of Way Acquisition...............$900,000 Construction ......... .. .. ...............$5,700,000 TOTAL........................................$7,700,000 FUNDING SOURCE (S): STP, City of Kent, City of Federal Way, King County, Sound Transit, TPP PROJECT JUSTIFICATION: The traffic volumes along this section of South 272"d Street have reached the point where additional lanes are required to reduce congestion. Additional left turn lanes are also required under I-5 to reduce backups in the through lanes. The additional length of the right turn lane from Military Road South will help prevent extensive backups in the southbound lane. The project will also relieve congestion near the north side Park and Ride lot. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],,FTA—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal].ITS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], RA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP Transportation Partnership Program[State] 21 i CITY OF KENT ■ SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2006 PROJECT#22: South 212th Street Railroad Crossing Demonstration Demonstration of new type of Railroad Crossing Gate DESCRIPTION: Install barrier gate on South 212`h Street at the Burlington Northern Santa Fe Railroad tracks in conjunction with the Washington State Department of Transportation Rail Office, the Burlington Northern Santa Fe Railroad, and the Federal Highway Administration to demonstrate new railroad track crossing safety equipment. PROJECT COST: Preliminary Engineering.. ................ . ..$0 Right of Way Acquisition....... . .. . ... $0 Construction ............ .............. ... .$200,000 TOTAL...........................................$200,000 FUNDING SOURCE (S): WSDOT, FHWA,BNSF PROJECT JUSTIFICATION: This project is designed to test the advantages of new railroad gate crossing technology at one of the region's most important freight and automobile at-grade railroad crossings South 212`h Street carries an average of 30,000 vehicles daily while 45 to 50 freight and passenger trains cross South 212`h Street every day Trucks, vehicles and trains are all vital to the region's economy and this project will test new technology that may enhance the movement and safety of all these modes. AIP-Arterial Improvement Program[State],CM4Q—Congestion Mitigation and Au Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelhgent Transportation Systems[Federal],LID— Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] 22 r CITY OF KENT r SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 PROJECT#23: Willis Street (SR 516)Burlington Northern Santa Fe Railroad Grade Separation Grade Separation Crossings at Burlington Northern/Santa Fe Railroad (BNSFRR) DESCRIPTION: Construct grade separation at the Burlington Northern Santa Fe Railroad mainline tracks at Willis Street (SR 516). The project will include the construction of a railroad bridge; 4-lane vehicle under crossing; full-width paving; concrete curbs, gutters, and sidewalks; street lighting, utilities and appurtenances. PROJECT COST: Preliminary Engineering........ .....$3,000,000 Right of Way Acquisition ..........$3,000,000 Construction . ......... ... ...... .....$11,000,000 TOTAL........................................17,000,000 FUNDING SOURCE (S): City of Kent, FAST, TIB, Burlington Northern/Santa Fe Railroad PROJECT JUSTIFICATION: This project supports east-west freight and commuter mobility to the Green River Valley. More than 27,000 vehicles per day travel on Willis Street, including over 800 freight-bearing trucks. The level of freight and passenger rail traffic on the BNSF Railroad mainline is also increasing to approximately 45 trains a day. Grade separation provides more efficient movement of goods and provides a solution to the costly problem of congestion. The railroad crossing will no longer impede freight and other traffic flow. Reductions in traffic congestion on adjoining streets and reduced environmental impacts caused by traffic congestion is expected. This project will enhance Kent as an economic generator and provide regional connections for thousands of businesses, employers, and commuters. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FT.4—Federal Transit Admmtstration[Federal],HES—Hazard Elimination[Federal].173—Intelligent Transportation Systems[Federal],LID— Local improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TM—Transportation Improvement Account, TIB—Transportation Improvement Board[State],7PP—Transportation Partnership Program[State] 23 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 PROJECT#24: 80`'Avenue South Widening South 196th Street to South 188th Street DESCRIPTION: Widen 80ei Avenue South from South 196th Street to South 188th Street to five lanes This will include four general-purpose lanes and a two-way left turn lane. The project will also include the construction of full-width paving; concrete curbs, gutters, and sidewalks; street lighting, storm drainage;utilities and appurtenances PROJECT COST: Preliminary Engineering........ ...... .$130,000 Right of Way Acquisition... .... .. .. $285,000 Construction ...................................$515,000 TOTAL...........................................$930,000 FUNDING SOURCE (S): City of Kent,LID PROJECT JUSTIFICATION: The opening of the 196 h Street Corridor on the south end of the project and Renton's completion of Oaksdale Avenue South will result in 80t' Avenue. South being a significant north/south corridor serving the industrial area. As a result, the increased traffic volumes along this section of 80d' Avenue South could reach the point where a consistent I five-lane roadway section is required to provide safe left turn access into the adjoining properties. Further, concrete curbs and gutters are required to provide control of roadway drainage and to prevent impacts to adjacent property owners. Sidewalks and street lighting are to provide safe access for pedestrians. AIP-Arterial Improvement Program[State],CMAQ-Congestion Mitigation and Au Quality[Federal],FAST-Freight Action Strategy for Ever eu-Seattle-Tacoma Corridor,FMSIB-Freight Mobility Strategic Investment Board[State],FT.4-Federal Transit Administration[Federal],HES-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems[Federal],LID- Local Improvement District,PWTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], TL4-Transportation Improvement Account,TIB-Transportation Improvement Board[State],TPP—Transportation Partnership I Program[State] 24 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 PROJECT 425: South 228th Street Corridor-Phase III 84th Avenue South to 104th Avenue Southeast(Benson Road) (SR 515) DESCRIPTION: Construct a new three to five-lane roadway from 84th Avenue South to 104'' Avenue Southeast (Benson Highway) (SR 515), including a new bridge over SR 167, and modify the traffic signals at the intersection of South 224th Street and 84th Avenue South. The project will include the construction of full-width paving; concrete curbs, gutters, and sidewalks; street lighting; storm drainage; bicycle lanes; landscaping; utilities and appurtenances. PROJECT COST: Preliminary Engineering............. $1,500,000 Right of Way Acquisition............$4,800,000 Construction .. .. ........................$18,700,000 TOTAL......................................$25,000,000 FUNDING SOURCE (S): TPP,King County, City of Kent, LID PROJECT JUSTIFICATION: Additional capacity is required to accommodate existing development in the East Hill area of the City. The James Street and South 208th12121h Street `corridors' are infeasible to widen to accommodate forecast traffic volumes without additional east-west capacity, based upon existing development and topographic constraints. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quahy[Federal],FAST—Freight Action Strategy for Eve ett-Seattle-Tacoma Corridor.FMSIB—Freight Mobility Strategic Investment Board[State],FT.4—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID— L.ocal Improvement District,PA'TF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account,77B—Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] 25 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 PROJECT#26: South 272nd Street Widening-Phase II Pacific Highway South (SR 99)to 26`h Avenue South DESCRIPTION: Widen South 272nd Street to add one westbound left turn lane at the intersection of South 272"d Street and Pacific Highway South and left turn lanes at the South Star Lake Road intersection. If feasible, construction of curb, gutter, and sidewalks, street lighting, storm drainage facilities, utilities and appurtenances will be deferred until Phase III of the South 272nd Street Widening Project. PROJECT COST: Preliminary Engineering............... .$100,000 Right of Way Acquisition. . .............$50,000 Construction ....................... ... .......$650,000 TOTAL...........................................S800,000 FUNDING SOURCE (S): STP, City of Kent, TIB PROJECT JUSTIFICATION: Traffic volumes along this section of South 272"d Street have reached the point where widening and additional turn lanes are required to reduce congestion at the intersections and prevent backups between Pacific Highway South and I-5. This project will coordinate with access to the site of a proposed south side Park and Ride lot and with City of Federal Way improvements west of Pacific Highway South. AIP-Arterial Improvement Program[State].CAM Q—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],17S—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PWTF—Public Works Trust Fund Loan[State],S7P—Surface Transportation Program[Federal], TM—Transportation Improvement Account,77B—Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] 26 i CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2009 PROJECT #27: South 272nd Street Widening-Phase III Pacific Highway South to Military Road South DESCRIPTION: Add two HOV Lanes from Pacific Highway South (SR 99) to Military Road South. Construction will include full width paving; concrete curb, gutter, and sidewalks; street lighting, storm drainage; utilities; and appurtenances. PROJECT COST: Preliminary Engineering Engineerin .................$800,000 Right of Way Acquisition...............$500,000 Construction .... .. .. .................... $6,200,000 TOTAL........................................S7,500,000 FUNDING SOURCE (S): STP, City of Kent, TIB PROJECT JUSTIFICATION: Traffic volumes between Pacific Highway South and Military Road South have reached the point where improvements supporting HOV- added capacity are required to reduce congestion at the intersections and reduce backups approaching I-5. The HOV lanes will provide access to the north side Park and Ride lot and the site of a proposed south side Park and Ride lot. Adding HOV lanes and HOV access to I-5 supports various County and City of Federal Way transportation and transit improvement projects. AIP-Arterial Improvement Program[State].CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal];HES—Hazard Elimination[Federal],17S—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PWTF—Public Works Trust Fund Loan[State];S771—Surface Transportation Program[Federal], 77A—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] 27 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM i YEAR: 2010 PROJECT#28: SOUTH 196TH/192ND STREET CORRIDOR—PHASE III 84"'Avenue South(East Valley Highway)to 108t'Avenue SE(SR 515) DESCRIPTION: Construct a new five-lane roadway from 84a' Avenue South (East Valley Highway) to 108t' Avenue SE (SR 515), including a new bridge over SR 167. Project will include the construction of full-width paving, concrete curb, gutter, and sidewalks; street lighting; storm drainage; landscaping; utilities and appurtenances. PROJECT COST: Preliminary Engineering.. . .......$5,000,000 Right of Way Acquisition..... ... ..$5,000,000 Construction . ..... .. .. .. .. .. ... .. $25,000,000 TOTAL......................................S35,000,000 FUNDING SOURCE (S): City of Kent, LID, STP, T1B PROJECT JUSTIFICATION: Traffic volumes on existing east-west corridors will exceed adopted standards if forecasts of economic and residential growth on the East Hill of Kent and jurisdictions to the east of Kent continue as predicted by state and regional planning agencies. Additional roadway capacity must be found to accommodate this growth within the urban growth boundaries. This project supports GMA policies, helps the City meet it's Concurrency Standards, and augments previous investments in this corridor by extending its usefulness as a freight corridor and major east-west connection. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FT.4—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal),17S—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PWTF—Public Works Trust Fund Loan[State],S771—Surface Transportation Program[Federal], TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],7PP—Transportation Partnership Program[State] 28 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2010 PROJECT#29: Military Road Widening South 272"d Street to South 240th Street DESCRIPTION: Widen Military Road South from South 272"d Street to South 24& Street adding left turn pockets at key intersections. (Note: Reith Road and South 272"d Street intersections are separate projects and not included In this project. PROJECT COST: Preliminary Engineering...... .... . . $200,000 Right of Way Acquisition.................. .. ....$0 Construction .......................... . ..$1,800,000 TOTAL........................................$2,000,000 FUNDING SOURCE (S): City of Kent PROJECT JUSTIFICATION: The level of development along this section of Military Road South has reached the point where separated turn pockets are required to provide safe turning movements at key intersections and reduce the congestion by separating the turning movements from the through traffic. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal),1TS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],7PP—Transportation Partnership Program[State] 29 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005-2010 PROJECT#30: State Route 167 Widening Widen SR 167 from SR 512 to South 18e Street j DESCRIPTION: Support the Washington State Department of Transportation in its project to widen State Route 167 from State Route 512 to South 180d' Street to include an additional general purpose lane in each direction and to complete the HOV system. PROJECT COST: Preliminary Engineering . .......... $1,200,000 Right of Way Acquisition..........................$0 Construction ..... ........................................$0 TOTAL........................................$19200,000 FUNDING SOURCE (S): WSDOT, City of Kent PROJECT JUSTIFICATION: While this Washington State Department of Transportation (WSDOT) project is a multi-million dollar improvement consisting of State and RTID funding, the City of Kent has provided and will provide hundreds of hours of transportation planning, data gathering and preliminary engineering in support of this critical transportation corridor The congestion on SR 167 resulting from inadequate capacity creates spill- over congestion onto Kent arterials and jeopardizes the future of our local and regional economy. Kent is the second largest warehouse/distribution center on the west coast, containing over 40 million square feet of i warehouse/industrial space. Many Kent businesses ship to national and international customers and need reliable travel time to the ports. With the planned extension of SR 167 to the Port of Tacoma and the planned completion of SR 509 connecting Kent to the Port of Seattle, this project would complete the freight corridor, shifting thousands of trucks every day from I-5 and SR 18 to the Valley Freeway. AIP-Artrnal Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB-Freight Mobility Strategic Investment Board[State],FT.4-Federal Transit Administration[Federal],HES-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems[Federal],LID- Local Improvement District,PWTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], TIA-Transportation Improvement Account,TIB-Transportation Improvement Board[State],TPP—Transportation Partnership I Program[State] 30 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2010 PROJECT#31: I-5/South 272°d Street Interchange Reconstruction—Phase I Provide transit and HOV direct-access between S 272nd&I-5 DESCRIPTION: Phase I would reconstruct the east half of the South 272"d Street/1-5 interchange to provide transit and HOV direct-access to South 272d Street. Sound Transit and King County Metro Transit have major park and ride facilities in the area, with over 1,200 parking stalls. Transit and HOV traffic would be able to turn onto South 272"d Street from I-5 without weaving through traffic on 1-5. The project also includes reconstruction of approximately one-half mile of Northbound 1-5. The improvements would be constructed to match projects on South 272nd Street that would be built between Pacific Highway South (SR 99) and Military Road. PROJECT COST: Preliminary Engineering. ..........$3,350,000 Right of Way Acquisition...............$150,000 Construction ........... ..... ............$26,800,000 TOTAL......................................$30,300,000 FUNDING SOURCE(S): STP, City of Kent, City of Federal Way, King County, Sound Transit, WSDOT, TPP PROJECT JUSTIFICATION: The traffic volumes at the interchange have reached the point where reconstruction is required to reduce congestion. The new interchange will provide needed capacity through the year 2030. The reconstruction will also allow Sound Transit and King County Metro Transit to operate efficiently through the Star Lake and Redondo Heights Park and Ride lots. AIP-Arterial Improvement Program[State],CMAQ—Congestion Muganon and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seaule-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal];HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID— Local improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], IN—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP Transportation Partnership Program[State] 31 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2010 PROJECT#32: West Meeker Street Widening—Phase I 64`i'Avenue South to the Green River Bridge DESCRIPTION: Widen West Meeker Street to provide a five-lane roadway, including four general-purpose travel lanes, a center left-turn lane, bicycle lanes, a pedestrian signal at the Riverbend Golf Course, and modifications to the existing traffic signal system at the intersection of West Meeker Street and Russell Road. The project will include the construction of full-width paving, concrete curbs, gutters, and sidewalks; landscaping; street lighting, storm drainage, utilities and appurtenances. PROJECT COST: Preliminary Engineering . . ...... $800.000 Right of Way Acquisition ....... . . $900,000 Construction .......... . ...................$2,800,000 TOTAL........................................$4,500,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The level of development along this section of Meeker Street has reached the point whereby a consistent five-lane roadway segment is required to accommodate through traffic. Existing traffic volumes west of the intersection of 640'Avenue South indicate the need for a five-lane section to accommodate additional development Sidewalk and bicycle improvements will provide additional incentive to encourage a safe and attractive walking and biking environment, promote alternative modes of travel, and facilitate access to scenic and recreational facilities. AIP-Arterial Improvement Program[state],CAMQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FT.4—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP Transportation Partnership Program[State] 32 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2010 PROJECT#33: West Meeker Street Widening—Phase 11 SR 516 to the east side of the Green River, including a new bridge DESCRIPTION: Widen West Meeker Street between SR 516 and the Green River to provide a five-lane roadway, including four general-purpose travel lanes, a center left-turn lane, and bicycle lanes. Construct a second two-lane bridge for westbound traffic with a bike lane and sidewalk over the Green River parallel to the existing structure and convert the existing bridge to one-way eastbound with an eastbound bike lane. The project will include construction of full width paving, concrete curbs, gutters and sidewalks; street lighting; storm drainage,utilities and appurtenances. PROJECT COST: Preliminary Engineering. ......... .. $800,000 Right of Way Acquisition........ .... .... .....$0 Construction ....... ...... ...... ....... .$3,500,000 TOTAL........................................S4,300,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The level of development along this section of Meeker Street has reached the point whereby a consistent five-lane roadway is required to accommodate through traffic. Existing traffic volumes indicate the need for five lanes to accommodate additional development. Sidewalk and bicycle improvements will provide additional incentive to encourage a safe and attractive walking a bicycling environment, promote alternative modes of travel, and facilitate access to scenic and recreational facilities. AIP-Arterial Improvement Program[State],CAM2-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB-Freight Mobility Strategic Investment Board[State],FT.9-Federal Transit Administration[Federal],HES-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems[Federal],LID- Local improvement District;PWTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal]; TIA-Transportation Improvement Account,TIB-Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] 33 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2005-2010 SECTION 3 PROJECTS 34 — 37 These are on-going city-wide projects or programs in which the City is making continuous improvements and enhancements CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005-2010 PROJECT#34: Bicycle and Pedestrian Improvements Ongoing Citywide Program DESCRIPTION: Make miscellaneous improvements to the City's Bicycle Route and Pedestrian system. Potential projects include improvements to 100th Avenue Southeast north of South 240di Street; Southeast 248di Street east of 94di Avenue South; 152nd Way Southeast north of Southeast 272nd Street, and interconnecting the Interurban Bike Trail signals with the railroad at Meeker Street and at Smith Street. PROJECT COST: Preliminary Engineering...................$60,000 Right of Way Acquisition................... ...$-0- Construction ........ ..................... ....$562,000 TOTAL...........................................$625,000 FUNDING SOURCE(S): STP, City of Kent PROJECT JUSTIFICATION: This project complies with the City's CTR (Commute Trip Reduction) Ordinance and the City Comprehensive Plan. This project helps to reduce peak hour single-occupant vehicle trips, encourage the use of non- motorized transportation modes, and provide safe routes for school-age pedestrians and cyclists. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FT4—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal]; 77A—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] 34 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005-2010 PROJECT#35: Guardrail and Safety Improvements Ongoing Citywide Program DESCRIPTION: Make miscellaneous guardrail improvements each year to enhance motorist safety Candidate projects include Frager Road and 1000i Avenue Southeast (near the 22600 block). Upgrade existing guardrail end- treatments as mandated by State and Federal regulations. PROJECT COST: Preliminary Engineering $20,000 Right of Way Acquisition.......................$-0- Construction ...................................$175,000 TOTAL...........................................$195,000 FUNDING SOURCE (S): STP,HES, City of Kent PROJECT JUSTIFICATION: This project is mandated by compliance with Federal and State regulations, and the requirement to eliminate potentially hazardous roadway conditions. AIP-Arterial Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB-Freight Mobility Strategic Investment Board[State],FT.4-Federal Transit Administration[Federal],HES-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems[Federal],LID- Local Improvement District,PA'TF-Public Forks Trust Fund Loan[State],STP-Surface Transportation Program[Federal], TM-Transportation Improvement Account,77B-Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] 35 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005-2010 PROJECT#36: Americans with Disabilities Act Compliance Sidewalk Repair and Rehabilitation Ongoing Citywide Program DESCRIPTION: Reconstruct and repair existing sidewalks and pedestrian ramps, and install new hard-surfaced sidewalks to implement the requirements of the Federal Government's Americans with Disabilities Act (ADA). This project will include an inventory of the City's sidewalk/walkway facilities, and identification and correction of existing deficiencies This project will also include the construction of concrete curbs, gutters and sidewalks, minor storm drainage; and appurtenances. PROJECT COST: Preliminary Engineering........ ........$200,000 Right of Way Acquisition.............. . ......$-0- Construction .... ........... ............. .$1,750,000 TOTAL........................................$1,950,000 FUNDING SOURCE (S): City of Kent PROJECT JUSTIFICATION: This project is mandated by the Americans with Disabilities Act (ADA). It repairs existing sidewalks, replaces deficient/substandard and/or missing wheelchair/pedestrian ramps, and brings same into compliance with the adopted Federal standards. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal];FAST—Freight Action Strategy for Everett-Seattle-Tacoma Comdor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],I7S—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PA'TF—Public Works Trust Fund Loan[State],S7P—Surface Transportation Program[Federal]; TM—Transportation Improvement Account,TIB—Transportation Improvement Board[State],7PP Transportation Partnership Program[state] 36 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005-2010 PROJECT#37: Community Based Circulating Shuttles Ongoing Citywide Programs DESCRIPTION: Continue to provide enhanced transit service to meet the needs of the community through the use of a fixed-route shuttle service, with demand- responsive routing capabilities. Routes 914/916 serve the Kent Transit Center, the Regional Justice Center, Kent City Hall, Green River Community College's Kent campus, and local shopping and medical facilities. Route 918 service includes the Kent Transit Center, Green River Community College's Kent campus, Regional Justice Center, and the manufacturing and industrial area in the valley. The City plans to add two new routes to demonstrate the value of circulator transit service connecting the residential areas of the east and west hills with the regional bus and commuter train services at the downtown Kent Transit Center PROJECT COST: Preliminary Engineering.........................$-0- Right of Way Acquisition.......................$-0- Operations ..... ........................ .....$840,000* TOTAL.........................................$840,000* *1110.000 of this is city share,which is equivalent to the lost fare box revenue that the county could have collected were not the city wanting a free service for the Rt 914/916, Shopper Shuttle, (based on 6 years operating cost with 3% inflation). FUNDING SOURCE (S)- King County, City of Kent, ITS PROJECT JUSTIFICATION: The Shopper Shuttle provides mobility and independence to many of the city's seniors and reduces the need for expensive Access service for many wheelchair lift service trips. It addresses a significant transit market that may not be able to use the county's more traditional routes and encourages community participation of all citizens without the isolation and pollution of the automobile for every trip. Commuter Shuttles enhance the regional transit and tram service by providing the vital link from the home to the Transit Center and from the Transit Center to the workplace, encouraging people to leave their vehicle at home, avoiding the cold start impacts to air quality, and reducing congestion on local streets. AIP-Artenal Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account,RB—Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] 37 CITY OF KENT, WASHINGTON SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2005 - 2010 KENT W A S H I N G T O N For more information or additional copies of this document contact: Steve Mullen, Transportation Engineering Manager City of Kent, Public Works, Engineering 220 Fourth Avenue South Kent, WA 98032-5895 (253) 856-5585 smullen@ci.kent.wa.us 38 PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P E. Public Works Director . Phone 253-856-5500 K E N T Fax 25&856-6500 W S N I N G r O N Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: August 2, 2004 TO: Public Works Committee FROM: Don Wickstrom, Public Works Director THROUGH SUBJECT: Six-Year Transportation Improvement Plan,2005-2010 MOTION Recommend Council set a Public Hearing on August 170' of the Six-Year Transportation Improvement Plan for the period 2005-2010 SUMMARY: The 2005 —2010 Six Year TIP includes 34 projects,with estimated project costs totaling $224,183,070 BUDGET EVIPACT• As itemized in attached Project Descnptions No Unbudgeted Fiscal/Personnel Impact f BACKGROUND The 2005 TIP is$46,107,410 higher than last ear's TIP The majonty of that increase comes from the inclusion of the east leg of the 196' corridor which was identified as a need by the update to the transportation model and accounts for$35,000,000 of that increase By 2010, increased population, economic activity and increased congestion all indicate that another corridor will need to be extended up the east hill so we will not have to curtail development because of Growth Management Laws and Concurrency regulations Counting only those projects which will be underway by the end of 2005 covers$101,943,070 and when you add the ongoing projects(another$3,610,000)to that amount you have about half of the total TIP High-priority projects for 2005 include the Kent Station area projects ■ Finishing the Kent Station Infrastructure ■ 4'h Avenue and Smith Street Intersection improvements ■ West Smith Street Improvements(including 2"d Ave/Ramsay Way intersection) ■ Pioneer Street Improvements ■ The South 2281h Street Comdor West Leg extension ■ Pac Highway HOV Lanes Mayor White and Kent City Couiicil 1 2005-2010 SIX YEAR TIP COST ESTIMATES �� ` 2005-2010 NUMBER PTION ESTIMAYES 1 Pac Highway Hov Lanes- North Phase $9 850 000 2 Pac Highway Hov Lanes - South Phase 9 700 000 3 Kent Station Infrastructure 500 000 4 4th Ave&Smith Street #9611000 5 West Smith Street Improvements $1000 000 6 Pioneer Street Improvements $436 000 7 Military Road at Reith Road 1 050 000 8 S 228th - Phase 1 $27 000 000 9 Central Ave/BNSF Crossings Intertie 140 000 10 S 228th &BNSF RR $20 000 000 11 S 228th &UPRR $22,000 000 12 Interurban Trail Signal Interconnect $270 000 13 S 212th St Pavement $475 000 14 Smart Growth Initiative 1551 000 NEW 15 84th Ave 5 Pavement Rehabilitation $ 755,000 16 S 277th St Corridor Extensbon $3 000,000 17 S 277th St. Bicycle/Pedestrian Trail $1,255,070 NEW 18 72nd Ave S Extension 700 000 19 Central Avenue Pavement $600,000 20 Willis St&UPRR Grade Separation $20,000,0040 21 South 272nd Street- Phase 1 7700,000 22 South 212th St RR Crossing Demo $2D0 000 NEW 23 Willis St& BNSF Grade Separation $17 000 000 24 80th Ave 5 Widening $930 000 25 South 228th St Corridor-Phase III $25 000 000 26 S 272nd Street Widening -Phase Ii $800,000 27 S 272nd Street Widening - Phase III 7500 000 28 South 196th Corridor- Phase III 35 000 000 NEW 29 Military Road Widening - Phase II $2 000 000 NEW 30 SR167 Widening $1,200 000 NEW 31 I-5 /S 272nd St Interchange-Phase I $30j,300tOOO NEW 32 West Meeker St Widening -Phase I #4 500 000 NEW 33 West Meeker St Widening Phase II 4 300 000 NEW 34 Bicycle Im vements $625 DDO 35 Guardrail Im eme0ts 195 000 36 Americans With Dtsabiiltles A 950 000 37 Commun Based Ciri ating Shuttles 840 000 2005-2010 TOTAL Vy3,283,D0 Projects 1-17 are scheduled to begin by the end of 2005 Projects 18-33 scheduled 'D6210 Projects 34-37 are &Vafqg CONSENT CALENDAR 6. City Council Action Councilmember r4d-,��M moves Councilmember Nc� seconds to approve Consent Calendar Items A through Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of August 17, 2004 and approval of a correction to the minutes of the August 3, 2004, minutes changing the Dangerous Buildings Ordinance No. from 3601 to 3701. 6B. Approval of Bills. Approval of payment of the bills received through July 31 and paid on July 30 after auditing by the Operations Committee on August 17, 2004. Approval of checks issued for vouchers: Date Check Numbers Amount 7/30/04 Wire Transfers 1772-1786 $1,276,965.38 7/30/04 Prepays & 565830 49%893.48 7/30/04 Regular 566454 2,394,012.52 $4,170,871.38 Approval of payment of the bills received through August 15 and paid on August 16 i after auditing by the Operations Committee on August 17, 2004. ■ Approval of checks issued for vouchers: Date Check Numbers Amount 8/16/04 Wire Transfers 1787-1800 $19130,422.57 8/16/04 Prepays & 566455 19165,521.64 8/16/04 Regular 567169 1,179,158.75 $3,475,102.96 (Continued on back) 6B. Approval of Bills. (Continued) Approval of checks issued for payroll for July 16 through July 31 and paid on August 5, 2004: Date Check Numbers Amount 8/5/04 Advices 167305-167968 $1,197,895.91 8/5/04 Checks 278607-278899 2725181.79 8/5/04 Interim Checks 278900 448.35 8/5/04 Void Check# 278859 (470.64) $1,470,055.41 Council Agenda Item No. 6 A-B KEN T Kent City Council Meeting W A S H I N G T O N August 17,2004 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White. Councilmembers present: Clark, Harmon, Ranniger, Raplee, Thomas and White. Council President Peterson was excused from the meeting. (CFN-198) CHANGES TO AGENDA A From Council,Administration, or Staff. (CFN-198) Consent Calendar Item I and two Executive Session items were added. B. From the Public. (CFN-198) Continued Communications Item A was added. PUBLIC COMMUNICATIONS A. Economic Development Update. (CFN-198) Torgelson noted that the Meeker Street Emporium will open in the fall. B. Introduction of Youth Ambassadors from Yangzhou, China. (CFN-198) Amy Sie introduced exchange students, who thanked the City for this experience. C. Kent Civic and Performing Arts Teen Musical Scholarships. (CFN-118) Pat Curran and Linda Peterson announced the winners of$10,000 in scholarships which went to 14 students. D. Introduction of Appointee. (CFN-839) Lee Thomas,the Mayor's appointee to the Kent Arts Commission, was not in attendance. PUBLIC HEARINGS A. Boeing Development Agreement. (CFN-1273) This public hearing is to consider a develop- ment agreement which involves real property historically known as the Boeing Kent Space Center. As proposed, the agreement would be used to implement phased infrastructure development, 1 traffic and stormwater improvements, and vest certain development regulations. After a brief presentation by staff, the Mayor opened the public hearing. Elizabeth Warman of the Boeing Company stated that they are prepared to execute the development agreement as presented. There were no further comments from the audience and CLARK MOVED to close the public hearing. Harmon seconded and the motion carried. CLARK MOVED to approve the Boeing Development Agreement as recommended by staff and direct the City Attorney to prepare the necessary ordinance. White seconded and the motion carried. CONSENT CALENDAR CLARK MOVED to approve Consent Calendar Items A through I. White seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of August 3, 2004 were approved. 1 Kent City Council Minutes August 17, 2004 . I B. Approval of Bills. (CFN-104) Payment of the bills received through July 15 and paid on July 15 after auditing by the Operations Committee on July 20, 2004 was approved. Approval of checks issued for vouchers: Date Check Numbers Amount 7/15/04 Wire Transfers 1755-1771 $1,154,744.25 7/15/04 PrePays & 565174 1,217,893.99 Regular 565829 922,367.13 $3,295,005.37 Checks issued for payroll for July 1 through July 15 and paid on July 20, 2004 were approved: Date Check Numbers Amount 7/20/04 Advices 166645-167304 $1,214,701.48 7/20/04 Interim Checks 278287 1,299.46 7/20/04 Checks 278288-278606 263,964.09 $11479,965.03 C. Six Year Transportation Improvement Plan. (CFN-164) September 7, 2004 was set as the Public Hearing date on the adoption of the Six-Year Transportation Improvement Program (2005- 2010). D. Municipal Transportation Infrastructure Funding Resolution. (CFN-171) Resolution No. 1682 requesting state legislative action to provide local funding for municipal transportation infrastructure was adopted. E. S. 272nd/277th Street Corridor, Proposed Inclusion of Previously Omitted LID 351 Properties. (CFN-1180) The Public Works Department was authorized to pursue the inclusion of previously omitted properties within LID 351 through a supplemental LID process. F. Pacific Highway South High Occupancy Vehicle Lanes, LID Formation, Resolution Setting Hearing Date. (CFN-1292) Resolution No. 1683 setting October 5, 2004, as the hearing date on proposed formation of Local Improvement District 358 was adopted. G. 74th Avenue S. & Willis/SR516 Roadway Improvements Proiect. (CFN-885) The 74`h Avenue South and Willis/SR 516 Roadway Improvements project was accepted as complete. H. Appointment to Arts Commission. (CFN-839) The Mayor's appointment of Mr. Lee Thomas to serve as a member of the Kent Arts Commission was confirmed. ADDED I. Council Absence. (CFN-198) An excused absence from tonight's meeting for Council Present Peterson was approved. 2 i Kent City Council Minutes August 17, 2004 OTHER BUSINESS A. Zoning Code Amendment, Stadium Signs Ordinance. (CFN-131) At their July 26,2004 public hearing, the Land Use and Planning Board recommended approval of a proposed amend- ment by the Kent School District to add a new section to the sign code that regulates signs for publicly or privately owned stadiums. The amendment would allow advertising on a limited basis for signs associated with a stadium facility. Chris Hankins of Planning Services and Fred High of the school district explained the proposal. CLARK MOVED to approve Zoning Code Amendment#2004-4 as recommended by the Land Use &Planning Board and to adopt Ordinance No. 3706 amending Kent City Code Chapter 15.02 and Section 15.06.040 by defining stadiums and allowing stadium signs to include sponsorship or corporate advertising information. White seconded and the motion carried. B. Howard's Addition Rezone. (CFN-121) This request by Howard Wilson is to rezone 4.65 acres of property from SR-2, Single-Family Residential to SR-3, Single-Family Residential. The Kent Hearing Examiner held public hearings on May 19 and July 7, 2004, and issued Findings, Conclusions and Recommendation for approval on July 21, 2004. Sharon Clamp of Planning Services explained the rezone and answered questions regarding adjacent zoning,wetlands and run-off. It was noted that testimony at this meeting is not appropriate because the public hearing has already been held by the Hearing Examiner. Ranniger noted that she has talked to property owners and has some concerns. CLARK MOVED to send this issue to the next Planning Committee meeting to allow time for review. Harmon seconded and the motion carried. REPORTS Operations Committee. (CFN-198) Clark encouraged Councilmembers to attend the Suburban Cities Association meeting and reception. Public Safety Committee. (CFN-198) Ranniger noted that the next meeting will be at 5:00 p.m. on August 19. Parks & Human Services Committee. (CFN-198) Ranmger noted that the next meeting will be at 4:00 p.m. on August 19. Administrative Reports. (CFN-198) Martin reminded the Council of one labor negotiation and two potential litigation items for Executive Session, and said there may be action after the Session, which will take 15-20 minutes. CONTINUED COMMUNICATIONS Noise. (CFN-198) Jackie Klakken, 1411 W. James Lane, Apt 1J12, voiced concern about excessive noise from home and car stereos. EXECUTIVE SESSION The meeting recessed to Executive Session at 7:50 p.m. and reconvened at 8:05 p.m. ACTION AFTER EXECUTIVE SESSION Labor Negotiations. Ranniger moved to authorize the Mayor to sign a three-year collective bargaining agreement with the International Association of Fire Fighters Local 1747, Fire 3 Kent City Council Minutes August 17, 2004 Assistant Chiefs Unit, effective January 1, 2003 to December 31, 2005 subject to approval as to form by the City Attorney's Office. Clark seconded and the motion carried. ADJOURNMENT HARMON MOVED to adjourn at 8:06 p.m. White seconded and the motion carried. 2 Brenda Jacober, C City Clerk 4 Kent City Council Meeting Date September 7, 2004 Category Consent Calendar 1. SUBJECT: 2005 ANNUAL BUDGET— SET HEARING DATE 2. SUMMARY STATEMENT: Set September 21, 2004, as the date for the first public hearing on the 2005 annual budget. 3. EXHIBITS• None 4. RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C Kent City Council Meeting Date September 7, 2004 Category Consent Calendar 1. SUBJECT: 2005-2010 CAPITAL IMPROVEMENT PLAN— SET HEARING DATE 2. SUMMARY STATEMENT: Set September 21, 2004, as the date for the first public hearing on the 2005-2010 Capital Improvement Plan. 3. EXHIBITS: None 4. RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D Kent City Council Meeting Date September 7, 2004 Category Consent Calendar 1. SUBJECT: LODGING TAX ADVISORY BOARD MEMBER APPOINTMENT— CONFIRM 2. SUMMARY STATEMENT: As recommended by the Operations Committee, approve the appointment of Greg Haffner, Partner at the Curran Mendoza Law Firm in Kent, to a three-year term on the Lodging Tax Advisory Board. 3. EXHIBITS: None 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E Kent City Council Meeting Date September 7, 2004 Category Consent Calendar 1. SUBJECT: 2004 BUDGET ADJUSTMENT ORDINANCE—ADOPT 2. SUMMARY STATEMENT: As recommended by the Operations Committee, adoption of Ordinance No. , totaling $13,155,204 for budget adjustments made between January 1, 2004 and July 31, 2004. This ordinance is primarily a housekeeping adjustment, consolidating individual budget items into one adjusting ordinance. The total amount of$31,061 net has not yet been approved by Council, primarily authorizing expenditure of designated revenues already received. 3. EXHIBITS: Memo from Finance Director Nachlinger and Ordinance 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? ^ Revenue? Currently in the Budget? Yes X No X If no: Unbudgeted Expense: Fund Various Amount $31,061 Unbudgeted Revenue: Fund Various Amount$27,427 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F FINANCE R. J. Nachlinger, Director Phone:253-856.5260 Fax 253-856-6255 KENT WAS H 1 n 0'4 0 N Address: 220 Fourth Avenue S. Kent,WA.98032-5895 DATE: August 9,2004 TO: Kent City Council Operations Committee FROM: R. J.Nachlinger,Finance Director THROUGH: Mike Martin,Chief Administrative Officer SUBJECT: Consolidating Budget Adjustment Ordinance for Adjustments Between January 1,2004 and July 31,2004 MOTION: I move to recommend Council approve the consolidating budget adjustment ordinance for adjustments made between January 1,2004 and July 31,2004 totaling $1391559204. SUMMARY: Authorization is requested to approve the technical gross budget adjustment ordinance totaling$13,155,204 for budget adjustments made between January 1, 2004 and July 31, 2004. The net amount, excluding transfers and internal service charges, is $12,703,526. Please note that$13,124,143 was previously approved by Council. These were primarily for projects. ' BUDGET IMPACT: BACKGROUND: Of the net amount of$31,061 not yet approved by Council, $43,061 was fire training equipment revenues received from outside fire agencies utilizing the Fire classroom and burn tower; $2,000 was for contributions received by Public Works from People for Puget Sound for the irrigation system to be implemented at Green River natural resources area. The remainder was due to a reduction of $14,000 relating to increasing a custodian from .55 to.75 FTE to assume work done for half of the Golf Course maintenance contract. Authorized positions are increased by 2.0 for the Fleet Services Interlocal Agreements and by .2 for the increased part-time resulting in Golf Course maintenance savings as mentioned above. Kent Council Operations Committee Consolidating Budget Adjustment ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent,Washington,amending the 2004 budget for adjustments made from January 1, 2004, to July 31, 2004. THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 - Budget Adjustment The 2004 City budget is amended to include budget fund adjustments as summarized and set forth in Exhibit "A," which is , attached and incorporated by this reference. Authorized positions are increased by 2.2 full- time equivalents. SECTION2. -Ratification. Any act consistent with the authority and prior • to the effective date of this resolution is hereby ratified and affirmed. ' SECTION 3. - Severabihtv. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent Jurisdiction, such invalidity or unconstitutionality shall not affect the validity or , constitutionality of any other section, sentence, clause, or phrase of this ordinance. 1 2004 First Half Budget Adjustments i 1 SECTION4. -Effective Date This ordinance shall take effect and be in 1 force five(5)days from and after its passage,approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK i APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY ' PASSED: day of September, 2004. ' APPROVED: day of September, 2004. PUBLISHED: day of September, 2004. i I hereby certify that this is a true copy of Ordinance No. passed 1 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\Gvd\ORDINANCE1BudgmAdjustmem-2004-Ist dw i2 2004 First Half Budget Adjustments City of Kent ' Budget Adjustment Ordinance Adjustments January 1, 2004 to July 31, 2004 Exhibit A Adjustment Fund Title Ordinance 001 General Fund 398,001 110 Street Fund (56,572) 130 Lodging Tax Fund 0 140 Youth/Teen Fund 0 150 Capital Improvement Fund (495,454) 160 Criminal Justice Fund 94,738 170 Environmental Fund 0 180 Housing &Comm Dev Fund (876,921) 190 Other Operating Projects Fund 1,260,700 210 Voted Debt Service Fund 0 220 Non-Voted Debt Service Fund (538,213) 250 Spec Assess Debt Service Fund 0 310 Street Capital Projects Fund 14,976,792 320 Parks Capital Projects Fund 246,022 330 Other Capital Projects Fund 0 , 340 Technology Capital Projects 0 350 Facilities Capital Projects 4,860 410 Water Operating Fund (289,306) ' 440 Sewerage Operating (1,679,904) 480 Golf Operating (7,000) 510 Fleet Services Fund 103,500 520 Central Services Fund 9,154 530 Fire Equipment Fund 16,667 540 Facilities Management Fund (11,860) 560 Insurance Fund 0 620 Firefighters Pension Fund 0 680 Agency and Clearing Fund 0 701 Kent Economic Dev Corp 0 Total Gross Budget Change 13,155,204 , Less Internal Service Funds 7,000 Other Transfers (188,765) Internal Transfers (269,903) Subtotal (451,668) , Total Net Budget Change 12,703,536 Kent City Council Meeting Date September 7, 2004 Category Consent Calendar 1. SUBJECT: 2004 LOCAL LAW ENFORCEMENT GRANT—ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the 2004 Local Law Enforcement Grant, which will be used to purchase ergonomic workstations for the Records Unit of the Kent Police Department. The staff in the Records Unit spend long hours at their shared workstations supporting the sworn personnel and assisting the public on a 24 hour/ 7 days a week basis. This equipment will allow staff to adjust the workstations to positions that fit each individual staff person's needs. This funding will cover the cost of two of the four necessary workstation upgrades. The total grant application amount is $25,461.00 The City's 10% of the grant required match amount -2,546.00 The total funds to be received from 2004 LLEBG $22,915.00 3. EXHIBITS: LLEBG FY2004 Application form and Award approval notification (Award#2004-LB-BX-10 13) r4. RECOMMENDED BY: Public Safety Committee 8/19/04 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Project account will be set up Unbudgeted Expense: Fund Amount $22,915.00 Fund N20089.66400.3110 Amount $2,546.00 Unbudgeted Revenue: Fund Amount $22,915.00 Fund N20089.66400.3110 Amount $2,546.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G POLICE DEPARTMENT � J■��- Ed Crawford, Chief of Police �1GNT Phone 253-856-5888 Fax 253-856-6802 w .. .o,o. Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: August 19, 2004 TO: Public Safety Committee FROM: Ed Crawford,Chief of Police SUBJECT: 2004 Local Law Enforcement Block Grant(LLEBG) -ACCEPT MOTION: I recommend the Council authorize the Kent Police Department to accept the 2004 Local Law Enforcement Block Grant in the amount of$25,46100 and placing this on the Consent Calendar for the September 7, 2004 Council Meeting. SUMMARY: The funds from this grant will be used to purchase ergonomic workstations for the Records Unit of the Kent Police Department. The staff in the Records Unit spend long hours at their shared workstations supporting the sworn personnel and assisting the public on a 24 hour/7 days a week basis This equipment will allow staff to adjust the workstations to positions that fit each individual staff person's needs. This funding will cover the cost of two of the four necessary workstation upgrades. EXHIBITS: LLEBG FY 2004 Application ' Award Approval Notification(Award#2004-LB-BX-1013) BUDGET IMPACT: The total grant application amount is $25,461.00 The City's 10%required match amount of the grant is 2,546.00 The total funds to be received from 2204 LLEBG $22,915 00 BACKGROUND: The grant must be accepted within 45 days from receipt of award notification. Public Safety Committee Subject:LLEBG2004 grant Date_August 19,2004 vrint Application Page 1 of 1 Application was submitted on July 16, 2004 04:02:15 PM EDT. ' LLEBG FY 2004 Application Date Certified: 16-JUL-04 Date Submitted: 16-JUL-04 Jurisdiction Information Jurisdiction: County: State: CDFA Number: Kent City KING WASHINGTON 16 592 DUNS Number: 02-025-3613 Budget Information Eligible Award Amount: Final Award Amount: Match Amount: Matching Funds Desmption: State and Local Goverment Unds $22,915 $22,915 $2,546 CEO Information Title: Name Prefix: Last Name: First Name: Mayor Mr. White Jim Address: Telephone: Fax: Email: 220-4th Avenue South (253)856-5700 (253)856-6700 jwhile@ci kent we us Kent,WA 98032-5895 Program Contact Information Title: Name Prefix: Last Name: First Name: Research and Development Ms LeRoy Debra Analyst Address: Telephone: Fax. Email: 220 4th Avenue South (253)856-5856 (253)8566802 dleroy@ci kent va us 1 Kent,WA 98032-5895 Application Details Date Agreed to Trust Fund Requirement: Applicant is PSOHB Compliant: 08-JUL-04 Yes Date Agreed to SPOC Requirement: Date Agreed to SAA Review Requirement: 08-JUL-04 08-JUL-04 Date Agreed to Certifications: Date Agreed to Assurances: 16-JUL-04 16-JUL-04 USE 1IV�h�et From: ojp@ojp.usdoj.gov , Sent: Wednesday, July 28, 2004 10:12 PM To: jwhite@ci.kent.wa.us; dleroy@ci.kent.wa.us Subject: Award Approval Notification. [Award No. 2004-LB-BX-1013] Congratulations! Your Award for the FY 2004 Local Law Enforcement Block Grants (LLEBG) Program has been approved by the Bureau of Justice Assistance (BJA). You have 45 calendar days from the date on your Award to review and accept this Award. All Awards not accepted within this 45 day penod will be deobligated and funds will be redistributed among FY 2005 eligible applicants during the next LLEBG funding cycle. To accept your award, go to http://grants.ojp.usdoj.gov/llebg/ojp_login.liebg_login.Ifebg_main and log on using your user id and password. You have 90 calendar days from the date on your Award to submit your Request for Drawdown. Any funds not drawn down within this 90 day period will be deobiigated and funds will be redistributed among FY 2005 eligible applicants during the next LLEBG funding cycle. Again, please do not reply directly to this message as your reply will not reach us. (Please Note: if you respond to this email do not change the subject line, thank you) From: ojp@ojp.usdoj.gov Sent: Wednesday, July 28, 2004 10:12 PM To:jwhite@a.kent.wa.us; dleroy@ci.kent.wa.us Subject: Award Approval Notification. [Award No. 2004-LB-BX-1013] Congratulations! Your Award for the FY 2004 Local Law Enforcement Block Grants (LLEBG) Program has been approved by the Bureau of Justice Assistance (BJA). You have 45 calendar days from the date on your Award to review and accept this Award. All Awards not accepted within this 45 day period will be deobligated and funds will be redistributed among FY 2005 eligible applicants during the next LLEBG funding cycle. To accept your award, go to http://grants.ojp.usdoj.gov/llebg/ojp_logm.ilebg_logm.Ilebg_main and log on using your user id and password. You have 90 calendar days from the date on your Award to submit your Request for Drawdown. Any funds not drawn down within this 90 day period will be deobligated and funds will be redistributed among FY 2005 eligible applicants during the next LLEBG funding cycle. 1 Again, please do not reply directly to this message as your reply will not reach us. (Please Note: if you respond to this email do not change the subject line, thank you) i i t i 1 1 i r rKent City Council Meeting r Date September 7, 2004 Category Consent Calendar 1. SUBJECT: S. 228TH STREET CORRIDOR, SOUND BARRIER PROJECT— ACCEPT AS COMPLETE ' 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the S. 228 h Street Corridor Sound Barrier project as complete and release the retainage to Harlow Construction Co., Inc. upon standard releases from the state and release of any liens. The original contract amount was $364,570.00. The final contract amount was $311,937.51. r r 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT ' Expenditure? X Revenue? _ Currently in the Budget? Yes X No If no: rUnbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: rCouncilmember moves, Councilmember seconds r DISCUSSION: ACTION: Council Agenda rItem No. 6H r 'r Kent City Council Meeting r Date September 7, 2004 Category Consent Calendar r 1. SUBJECT: STREET VACATION, MCMILLIN STREET BETWEEN STATE AND KENNEBECK, RESOLUTION SETTING PUBLIC HEARING DATE—ADOPT r 2. SUMMARY STATEMENT: Adoption of Resolution No. scheduling a public hearing for November 2, 2004, for a Street Vacation Application and Petition filed by the Kent School District, to vacate a portion of McMillin Street between State r and Kennebeck. Planning Services processed this petition and the Public Works Department approved the petition for vacation. r r 3. EXHIBITS: Memo and Resolution r 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: rUnbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount$ r 6. CITY COUNCIL ACTION: rCouncilmember moves, Councilmember seconds r rDISCUSSION: r 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 ' W A S H I N G T O N Address. 220 Fourth Avenue S Kent,WA 98032-5895 ' DATE: September 7, 2004 TO: Mayor White and Kent City Council FROM: Don Wickstrom, Public Works Director ' THROUGH: SUBJECT: McMillin Street between State and Kennebeck Ave. and the Alley Directly ' North—Street Vacation MOTION: Recommend Council adoption of a resolution setting a public hearing date of November 2, 2004 for the Street Vacation located along a portion of McMillin Street between State and Kennebeck Avenue and the Alley directly north. SUMMARY: We have received a valid petition to vacate a portion of McMillin Street between State and Kennebeck Avenue and the alley directly north. In accordance with state law, a public hearing must be held. The Public Works Department recommends adoption of a resolution ' setting the public hearing date ' BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact ' BACKGROUND: By law upon receipt of a valid street vacation petition the City, via adopting a resolution is required to hold a public hearing thereon within 60 days of passage of said resolution. ' Mayor White and Kent City Council j McMillin Street —Street Vacation RESOLUTION NO. A RESOLUTION of the City Council of the City ' of Kent, Washington, regarding the vacation of the portion ' of McMillin Street between State and Kennebeck Avenue and the alley directly north, in the City of Kent; and setting the public hearing on the proposed street vacation for ' November 2, 2004. RECITALS A. A petition, attached as Exhibit A, has been filed by the Kent School District to vacate the portion of McMillin Street between State and Kennebeck Avenue ' and the alley directly north, located in the City of Kent, Washington. B. The petition is signed by the owners of at least two-thirds of the real 1 property abutting that portion of McMillin Street between State and Kennebeck Avenue and the alley directly north to be vacated;. C. The petition is in all respects proper. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, , WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION ' 1 McMillin Street and Alley Vacation , SECTION 1. —Public Hearine. A public hearing on the street vacation petition requesting the vacation of a portion of McMillin Street between State and Kennebeck Avenue and the alley directly north shall be held at a regular meeting of the Kent City Council at 7:00 p.m., Tuesday, November 2, 2004, in the Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032. SECTION 2. —Notice. The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by state law, Chapter 35.79 RCW. SECTION 3. — Information. The Planning Manager shall obtain any other necessary information from appropriate departments and shall transmit the information to the Council so that the Council may consider the matter at its regularly scheduled meeting on November 2, 2004. SECTION 4. — Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION S. —Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6. — Effective Date. This resolution shall take effect and be in force immediately upon its passage. iPASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of 12004. 2 McMillin Street and Alley Vacation i CONCURRED in by the Mayor of the City of Kent this day of September,2004. JIM WHITE, MAYOR 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 September,2004. BRENDA JACOBER,CITY CLERK P\Cm1\RFS0LLM0N\MAC McMillin-ARry-PubhcH=ng dm i i i 3 McMillin Street and Alley Vacation EXHIBIT "A" Page 1 of 2 • KENT ,A#; P—(FSv -Zv4Zb3v Wwxxixo"x Mayor Jim Whit D 2 2 pp 2 l5 IS U IS D APPLICANT: MAH,TO: AUG 9 2004 NAME: �('.1 56cx-)jbi nc1�L5i CITY OF KENT tin OF KENt ADDRESS: BkF°G Property Managem nt CITY CLERK ) / 21 220 S.4N'Avenue �P/-11"to f 7� Kent,WA 98032 ATTN: Jerry McCaughan PHONE e STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council: We,the undersigned abutting property owners,hereby respectfully request that certain XAlley (Street hereby be vacated described as follows(include square feet). The Alley lying within Block 20, Washington Central Improvement Company's First Addition to the Town of Kant and also McMillin Street lying between Block 19 and Blobk 20 in said plat. BRIEF STATEMENT WHY VACATION IS BEING SOUGHT A "CURRENT" ownership and encumbrance report must be obtained from a Title Company and submitted with this application that covers all the abutting properties contiguous to alley or street sough to be vacated. When Corporations,partnerships,etc. are being signed for, and then proof of individual's authority to sign for same shall also be submitted. I Attach a color-coded map of a scale of not less than 1"=200' of the area sought for vacation. (NOTE) Map must correspond with legal descnption. 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SUBJECT: BOEING DEVELOPMENT AGREEMENT ORDINANCE—ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No. , authorizing the Mayor to sign the Pacific Gateway Development agreement for the Boeing Kent Space Center property with the The Boeing Company. On August 17, 2004, the City Council held a public hearing, discussed the proposed Development Agreement, and authorized the Mayor to sign the same. The Development Agreement addresses specific regulatory and development issues between the City and The Boeing Company regarding and the real property historically known as the Boeing Kent Space Center. 3. EXHIBITS: Ordinance and its referenced exhibit 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ City will receive approximately $2.18 million for selling Phase I of the property. Money will be used to pay back the Water fund. 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6J ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, authorizing the Mayor to enter into a Development Agreement with The Boeing Company for the real property historically known as the Boeing Kent Space Center RECITALS A. Pursuant to RCW 36.70B.170—210, the City of Kent and The Boeing Company have negotiated a Development Agreement relating to real property historically known as the Boeing Kent Space Center, and more specifically described jin the Development Agreement, a copy of which is attached and incorporated as Exhibit A. B. The City provided notice of a public hearing on this Development Agreement as required by law. The public hearing on this Development Agreement was held on Tuesday, August 17, 2004, at a regularly scheduled City Council meeting held in the Kent City Hall. C. After closing the public hearing and discussing the issue, the City Council authorized the Mayor to execute the Pacific Gateway Development Agreement between The Boeing Company and the City of Kent. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: i 1 Boeing Development Agreement- Authorization Return Address RECEIVED City of Kent Property Management 220 Fourth Avenue South AUG 4 2004 Kent,WA 98032-5895 CITY OF KENT PLANNING SERVICES Document Title(s)(or transactions contained therein)- 1. Pacific Gateway Development Agreement 1 Grantor(s) (Last name first,then first name and initials). 1. The Boeing Company Grantee(s)(Last name first,then first name and initials) 1 City of Kent Legal description(abbreviated. i e, lot,block,plat or section,township,range) QX Full legal is on Exhibit 1 of document. Assessor's Property Tax Parcel/Account Number 022204-9019-08,022204-9062-04,022204-9063-03,022204-9066-00,022204-9067-09, 022204-9068-08 PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 1 of 17 (August 9,2004) (between The Boeing Company and the City of Kent) PACIFIC GATEWAY DEVELOPMENT AGREEMENT BETWEEN THE BOEING COMPANY AND THE CITY OF KENT I. PREAMBLE This DEVELOPMENT AGREEMENT ("Agreement") between THE BOEING COMPANY ("Boeing"), a Delaware corporation, and the CITY OF KENT ("City"), a municipal corporation of the State of Washington, is entered into pursuant to the authority of RCW 36.70B.170 through .210, under which a local government may enter into a development agreement with an entity having ownership or control of real property within its jurisdiction. II. RECITALS A. Boeing is the owner of certain real property historically known as the Boeing Kent Space Center (the "Property"), located in the City of Kent, King County, LWashington and more particularly described in EXHIBIT 1, attached hereto and by this reference made a part hereof. B. On May 2, 2002, the City issued approval with conditions for a 9-lot short subdivision (see EXHIBIT 6 attached) of an approximately 67-acre portion of the Property commonly known as Pacific Gateway Division II ("Division IP'), which short subdivision was recorded on May 6, 2003 at King County, WA (Recording No. 20030506900014) (the "Division 11 Short Plat"), attached hereto as EXHIBIT 7. The location and extent of Division H is depicted on EXHIBIT 2, attached hereto and by this reference made a part hereof. C. On December 12, 2002, the City issued approval with conditions for a 4-lot short subdivision (See EXHIBIT 9 attached) of an approximately 26-acre portion of the Property commonly known as Pacific Gateway Division III ("Division III"), which I short subdivision was recorded on February 13, 2003 at King County, WA (Recording No. 20030213900020) (the "Division III Short Plat"), attached hereto as EXHIBIT 10 and by this reference made a part hereof. The location and extent of Division III is depicted on EXHIBIT 3, attached hereto and by reference made a part hereof. D. Concurrent with review of this Agreement, Boeing received preliminary approval of a 27-lot binding site plan (See EXHIBIT 11 attached) for the approximately 136 remaining acres of the Property, commonly known as Pacific Gateway Division IV ("Division IV"). The final binding site plan once recorded shall be attached hereto as EXHIBIT 12 (the "Division IV Binding Site Plan") and by this reference made a part hereof. The location and extent of Division IV is depicted on EXHIBIT 4. PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 2 of 17 (August 9,2004) (between The Boeing Company and the City of Kent) E. It is anticipated that Divisions 11, III and IV (Property) may be developed or redeveloped (which terms are referenced collectively herein as "development") in portions over an extended period of time. In light of this anticipated long-term buildout, the parties desire to establish required stormwater and transportation improvements necessary to support development of the Property, to vest future permit applications for lots within the Property on a rolling, 5-year basis, and to reach certain other agreements intended to enhance development consistency and predictability among the Divisions. The location and extent of the Property is shown on EXHIBIT 5. , F. Kent City Code 12.04.825(C) requires execution of a development agreement, in accordance with RCW 36.70B.170, for binding site plans that contemplate an extended period of development. The code requires that such agreements shall govern at a minimum, the use and development of the property subject to the binding site plan, including: (1) vesting applicable to subsequent permits; (2) the manner to which each phase of the development will proceed to ensure that the road and utilities necessary to serve each phase of the development are constructed prior to the development of each phase; and (3) expiration of the agreement and all provisions therein. This Agreement is intended to meet the requirements of the code. NOW, THEREFORE, the City and Boeing agree as follows: III. AGREEMENT 1. Purpose The parties acknowledge that this Agreement is premised upon the Division II and III Short Plats, which have been previously approved and recorded, and the Division IV Binding Site Plan, which has been approved concurrent with this Agreement. The Agreement shall be used to implement phased infrastructure development upon the sale of the lots of Division IV, and to address traffic and stormwater improvements related to future expansion, redevelopment, or new development on the Property. The Agreement also has provisions for the vesting of certain development regulations for Divisions 11, III and IV. In order to prepare for the possible future development of the Property while the Property remains in single ownership, Boeing intends to identify and design stormwater and transportation improvements to serve such development during the term of this Agreement in order to provide the City, Boeing, and any future developers of the Property with reasonable certainty regarding these infrastructure needs. The term of this Agreement is intended to be of adequate duration to provide for these established improvements to serve future development while acknowledging that most of the Property is not currently expected to develop outside of Boeing ownership. This PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 3 of 17 (August 9, 2004) (between The Boeing Company and the City of Kent) i i Agreement shall apply to all future development of the Property during the term of the Agreement, as hereinafter defined. 2. Term of Agreement The "Term" of this Agreement shall be twenty (20) years from the recording date of this Agreement, unless both parties otherwise agree, during the year 2024, to either(a) execute a confirmation of the continuation of this Agreement for an additional twenty (20) years of the Term in substantially the form and content of EXHIBIT 20 attached hereto and by this reference made a part hereof or (b) amend the Agreement as they may deem reasonable and necessary. A confirmation of continuation of this agreement and/or any amendments that relate to an extension of the Term may require a public heanng as in accordance with Section 13 of this Agreement. Temimation of this Agreement shall not affect the requirements related to the Binding Site Plan Approval for Division IV, set forth in Sections 7 and 8 herein, which shall survive the ternunation of this Agreement and continue to govern development with Division IV. E3. Vesting of Development Regulations Future pernut applications for development of the Property shall be reviewed under the development regulations in effect at the time of complete application, except with respect to land use, zoning and site planning regulations. The land use, zoning, and site plan regulations in effect at the time of the effectiveness of this Agreement are attached hereto as EXHIBIT 21 ("Vested Development Regulations"), and future permit applications for development of the Property shall be reviewed pursuant to these regulations as follows: the Vested Development Regulations shall govern development of the Property until December 31, 2009 ("Initial Vesting Period"). Following the Initial Vesting Period, this Agreement establishes vesting for subsequent five-year periods ("Subsequent Five Year Vesting Periods"), starting on January 1 of the first year and ending December 31 of the fifth year, for the duration of the Term. At the beginning of each Subsequent Five Year Vesting Period, the land use, zoning, and site planning regulations in effect as of December 31 of the prior vesting period shall replace EXHIBIT 21 and this Agreement shall be automatically amended with said regulation through the re-recording of this Agreement with the new regulations attached. It shall be the responsibility of Boeing to re-record this Agreement at the beginning of each Subsequent Five Year Vesting Period. The property owner(s) subject to this Agreement may, at any time elect, in its (their) sole discretion, to conform to new development regulations that may from time to time be adopted by the City. Notwithstanding the foregoing, the City reserves the authority under RCW 36.70B.170(4) to impose new or different regulations to the extent required by a serious threat to public health and safety. PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 4 of 17 (August 9,2004) (between The Boeing Company and the City of Kent) 4. Transportation Infrastructure and Mitigation (a) Credit for Prior Transportation Mitigation The City acknowledges Boeing's payment for transportation improvements serving development within the Property made under Local Improvement District Nos. 328 and 340. Except for the southbound right-turn lane at W. Valley and 2081' identified in the Division IV MDNS, any future permit applications for development of the Property that generate traffic impacts on South 196`h/200`' Street from East Valley Highway to Orillia Road and/or West Valley Highway from South 189th Street to South 212th Street shall not be subject to additional mitigation fees for system improvements on these roadways unless, at the time of permit application, the impacts cumulatively exceed, on a trip generation basis, the total trips anticipated by the Traffic Impact Study, as defined in Section 4(d), for future development of the Property. If at the time a complete permit application is submitted, the City has assessed a system development charge for one or more grade separation projects, the Property shall be subject to the assessment. Boeing does not, however, waive, and expressly reserves, the right to challenge the number of trips used by the City to calculate the dollar amount of the system development charge assessed for grade separation projects to the Property. (b) Division II The Division II Short Plat was analyzed for environmental impacts pursuant to the State Environmental Policy Act ("SEPA"), which included the evaluation of potential traffic impacts resulting from the assumed build-out of Division II with an additional I million square feet of industrial park use over time and resulted in a Mitigated Determination of Nonsignificance ("Division II MDNS") issued February 26, 2002 (attached hereto as EXHIBIT 8 and by this reference made a part hereof). The parties acknowledge that the transportation improvements to support the future lot development of Division II have been established through the Division II MDNS (EXHIBIT 8) conditions and the Division II Short Plat conditions of approval (EXHIBIT 6). Following completion of construction of the required transportation improvements and any required inspections and approvals by the City, the conditions of the short plat shall be deemed met and no additional transportation improvements to mitigate total trip generation impacts in the Traffic Impact Study shall be required for future development permit applications, subject to subsection (a) and (d) herein and Section 9 of this Agreement. Each future development application for the Property shall be required to demonstrate, through an abbreviated traffic study or other acceptable technical document approved by the City, consistency with the Division II MDNS traffic impact analysis to PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 5 of 17 (August 9,2004) (between The Boeing Company and the City of Kent) I allow for the City's adoption of the Division II MDNS, or incorporation of a supporting traffic report, to satisfy the City's responsibilities under SEPA for said application. If a determination of consistency is made by the City, all traffic impacts shall be deemed mitigated through the implementation of the Conditions/Mitigating Measures of the Division II MDNS and conditions of approval for Division II Short Plat. (c) Division III The parties acknowledge that the Division III Short Plat was categorically exempt from SEPA review. The parties also acknowledge that the Traffic Impact Study (EXHIBIT 14) prepared for the Division IV MDNS included the analysis of cumulative traffic impacts of the development of Division III. The parties acknowledge that the transportation improvements to support the future lot development of Division III have also been established through the Division III Short Plat conditions of approval (EXHIBIT 9). Following completion of construction of the required transportation improvements and any required inspections and approvals by the City, the conditions of the Division III Short Plat shall be deemed met and no additional transportation improvements to mitigate total trip generation impacts in the Traffic Impact Study shall be required for future development permit applications, subject to subsection (a) and (d) herein and Section 9 of this Agreement. Each future development application for the Property shall be required to demonstrate, through an abbreviated traffic study or other acceptable technical document approved by the City, consistency with the Division IV MDNS Traffic Impact Study to allow for the City's adoption of the Division IV MDNS, or the incorporation of a supporting traffic report, to satisfy the City's responsibilities under SEPA for said application. If a determination of consistency is made by the City, all traffic impacts shall be deemed mitigated through the implementation of the Conditions/Mitigating Measures of the Division III Short Plat conditions of approval and Division IV MDNS that pertain to development within Division III. (d) Division IV The Division IV Binding Site Plan was analyzed for environmental impacts pursuant to SEPA, which included the evaluation of potential traffic impacts resulting from the assumed build-out of Division IV with the potential additional development of 600,000 square feet of industrial park use and the reuse and/or redevelopment of the existing 1.9 million square feet of industrial park use over time and resulted in a Mitigated Determination of Nonsignificance ("Division IV MDNS") issued December 2, 2003 (attached hereto as EXHIBIT 13 and by this reference made a part hereof). PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 6 of 17 (August 9,2004) (between The Boeing Company and the City of Kent) The Division IV MDNS was supported by a Traffic Impact Study attached hereto as EXHIBIT 14 and by this reference made a part hereof ("Traffic Impact Study"). The Traffic Impact Study and the Division IV NIDNS identifies required mitigation in two separate forms (a) Recommended Project Improvements and (b) the pro-rate share of the Recommended System Improvements. Recommended Project Improvements: The Recommended Project Improvements are listed in the Traffic Impact Study and included within Attachment A of the Division IV Binding Site Plan. The completion of the Recommended Project Improvements shall be implemented on a lot-by-lot basis prior to, or in conjunction with, the transfer of any lot outside of the ownership of Boeing, or prior to or in conjunction with the issuance of a "Project Related Building Penmt," as defined in Section 7 of this Agreement, in conformance with the schedule set forth on EXHIBIT 11 attached hereto (matrix). Recommended System Improvements: Boeing shall pay to the City their pro- rated share of the Recommended System Improvements (see Division IV MDNS, mitigating condition #1). This amount shall be paid in full to the City prior to the recording of the Division IV Binding Site Plan. Due to the fact the Traffic Impact Study analyzed potential traffic impacts through the year 2010, during the year 20tO, an updated Traffic Impact Study shall be submitted to the City for review and approval based on as then current development regulations, analyzing existing and future trip generation for the next (5) year period. The updated Traffic Impact Study, once reviewed and approved by the City, shall be appended to this Agreement and recorded as a supplement to EXHIBIT 14 hereto and shalt remain valid for the succeeding (5) year period. Any additional pro-rated share of any new Recommended System Improvements shall be paid within 90 days of the City's approval of the updated Traffic Impact Study and prior to issuance of any development permit. This traffic study update process shall be completed every five (5) years after 2010, so long as this Agreement remains in effect. Each future development application for the Property shall be required to demonstrate, through an abbreviated traffic study or other acceptable technical document approved by the City, consistency with the Division IV MDNS Traffic Impact Study to allow for the City's adoption of the Division IV MDNS, or the incorporation of a supporting traffic report, to satisfy the City's responsibilities under the SEPA for said application. The Public Works Director shall have the discretion to determine incremental and total trip generation consistent with the ITE Trip generation Manual (latest ed.) for the purpose of establishing the appropriate trip generation for the specified use of a permit application. If a determination of consistency is made by the City, no additional transportation mitigation will be required so long as the estimated total PM peak hour trip generation of the proposed use remains at or below the 4,902 trips established in the Division IV MDNS on a cumulative basis for the Property as specified in greater detail by EXHIBIT 15 attached hereto and by this reference made a part hereof. PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 7 of 17 (August 9,2004) (between The Boeing Company and the City of Kent) 1 In the event the City determines the impacts of the development for the proposed permit 1 application are not fully mitigated through this consistency analysis, the City may prepare a new threshold determination, or otherwise require additional mitigation, as deemed appropriate at the time of application. If the City determines the payment made as required by this section represents more than the fair share for impacts generated by the property, based on any updated traffic study, the City may credit Boeing for said excess payment. So long as Boeing holds title to any portion of the Property, Boeing shall provide to the City a cumulative accounting of all then-existing development and Division IV mitigation previously performed at the time of each project permit application, substantially in the form attached hereto as EXHIBIT 16 and by this reference made a part hereof. In the event the City adopts a Growth Management Act, Ch. 36.70A RCW, impact fee ordinance in conformance with the requirements of RCW 82.02.050 et seq., the City acknowledges that the payments made by Boeing as required by this section are being made for "system improvements reasonably related to the new development," as defined therein, and the property owner(s) of property subject to this Agreement shall not be required to pay traffic impact fees under any new ordinance as prohibited by RCW 82.02.100 provided no additional impacts are revealed in any subsequent updated traffic studies. Provided, however, this impact fee prohibition does not apply to system development charges for grade separation projects provided for in section 4(a). (e) Traffic Circulation A conceptual "Traffic Circulation Plan" is attached as EXHIBIT 17 and by this reference made a part hereof, which identifies six access connections to the existin public rights of way and two future internal circulation access routes on 204`h and 208 anticipated to serve future development of the Property, and in accordance with Section 7 of this Agreement. For all future development of the Property the six access connections shall be provided consistent with the Traffic Circulation Plan and as supported by the Traffic Impact Study, unless otherwise approved or restricted by the Public Works Director. Project Related Building Permit Applications shall provide access routes and rights-of-way consistent with the Traffic Circulation Plan in conformance with related conditions of the Division IV Binding Site Plan. 5. Stormwater Improvements (a) Division II The Division II Short Plat was analyzed for environmental impacts pursuant to SEPA, which included the evaluation of potential stormwater impacts resulting from the PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 8 of 17 (August 9,2004) (between The Boeing Company and the City of Kent) r assumed maximum impervious build-out of the Division lI with development of an additional 1 million square feet of industrial park use and approximately 53 acres of impervious coverage over time and resulted in a Mitigated Determination of Nonsignificance ("Division II MDNS") issued February 26, 2002 (attached hereto as EXHIBIT 8 and by this reference made a part hereof). The parties acknowledge that stormwater improvements required by the Division II MDNS and the Division H Short Plat approval, including an on-site public detention/water quality pond system, have been completed and are adequate to support the level of development analyzed in support of the Division H SEPA review. The constructed improvements shall be deemed to satisfy all current and future storm water detention and water quality treatment requirements for all future permit applications, except as otherwise provided in Subsection (d)of this Section. (b) Division III The parties acknowledge that the Division III Short Plat was exempt from SEPA review, and that the storm water detention and water quality treatment requirements for the future project permit applications for the potential future development and lot transfer of the Division III shall be governed by the Division III Short Plat conditions of approval (EXHIBIT 9). The parties also acknowledge that the engineering plans addressing stormwater management for the Division IV Binding Site Plan, as set forth in Section 5(c), may include a consolidated solution to stormwater management for both Division IV and Division III. (c) Division IV The Division IV Binding Site Plan was analyzed for environmental impacts pursuant to SEPA, which included the evaluation of the potential stormwater impacts resulting from the assumed future maximum impervious build-out of Division IV Binding Site Plan with approximately 123 acres of impervious coverage and the additional new development of 600,000 square feet of industrial park use and the re-use or redevelopment of the 19 million square feet of existing industrial park use over time and resulted in a Mitigated Determination of Nonsignificance ("Division IV MDNS") issued December 2, 2003 (attached hereto as EXHIBIT 13 and by this reference made a part hereof). The parties acknowledge that the stormwater improvements required by the Division IV MDNS and the Division IV Binding Site Plan approval shall govern the stormwater improvements for stormwater quantity control (detention) and quality control (water quality treatment) for future lot build-out (development and redevelopment) for all property governed by the Division IV Binding Site Plan. PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 9 of 17 (August 9,2004) (between The Boeing Company and the City of Kent) i Prior to the recording the Division IV Binding Site Plan, Boeing shall submit detailed construction plans to the City (PWD) for review and approval addressing stormwater management for the Division IV in accordance with BSP Conditions B.13. The completion or the stormwater improvements shown on the "approved" plans shall be implemented on a phased construction schedule, as set forth on EXHIBIT 11 attached hereto (matrix) prior to, or in conjunction with, the transfer of any lot outside of the ownership of Boeing, or prior to or in conjunction with issuance of a Project Related Building Permit, as defined in Section 7 of this Agreement. The "approved" plans shall serve as the required stromwater improvements for stormwater quantity control (detention) and quality control (water quality treatment) for all project permit applications for all future lot development of Division IV, except as otherwise provided in Subsection (d) of this Section. (d) Water Quality Special Provision The City may modify the stormwater improvements described in subsection 5.(a), (b), and (c) above and require additional water quality improvements if any of the following circumstances occur during the term of this Agreement: j1) The City reasonably believes, in good faith, that the City's approval of a project permit application under the terms of this Agreement would result in a decision by a State or Federal administrative agency, or a Court of competent jurisdiction, that the City's eligibility for funding, grants, program eligibility or other resources sought by the City would be materially impaired; 2) The City reasonably believes, in good faith, that the City's approval of a project permit application under the terms of this Agreement would result in a decision by a State or Federal administrative agency, or a Court of competent jurisdiction, that the City unlawfully failed to comply with the Endangered Species Act, Clean Water Act, or other State or Federal laws or regulations relating to water quality; or 3) A State or Federal statute or regulation requires the City to adopt stormwater regulations to address cumulative water quality impacts on an area wide or City-wide basis and the City reasonably believes, in good faith, that the City's failure to apply said regulations to the property subject to this Agreement would result in municipal liability for the City. Modifications under this subsection shall only be to the extent necessary to address the applicant's proportionate share of such cumulative standard. Any modification or addition to the approved and constructed stormwater improvements that is required as a result of one of the foregoing conditions occurring shall be limited to the minimum necessary to avoid the consequences described herein. PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 10 of 17 (August 9,2004) (between The Boeing Company and the City of Kent) i The parties agree that the City shall attempt to, but not be obligated to, provide written notice to Boeing prior to City Council action on a proposed modification when the City believes any of the above circumstances have arisen. Boeing shall have the right, at its sole discretion and expense, to seek recourse from the appropriate administrative or judicial body. Notwithstanding the foregoing, this Agreement is not intended to relieve Boeing or any property owner subject to this Agreement from compliance with the Clean Water Act, including, but not limited to, regulations requiring retrofitting of existing stormwater facilities to correct nonconforming conditions that do not meet state and/or federal stormwater regulation mandated by state and federal authorities. 6. Boeing Ditch Agreement and Sensitive Areas Ordinance Compliance Boeing and the City entered an easement agreement relating to the use of property owned by Boeing known as the "Boeing Ditch" or "Boeing Creek," and more particularly described on EXHIBIT B to said agreement, King County Recording No. 20030123000744 ("the Boeing Ditch Agreement"), attached as EXHIBIT 18 hereto and incorporated herein in full by this reference. Said easement was granted to the City for the purpose of allowing for conveyance system improvements, habitat enhancement, ' riparian plantings, and to establish a stream setback for development on the Property for lots adjacent to the Boeing Creek. Pursuant to the Division II MDNS, the Boeing Ditch Agreement was required to establish compliance with the City's sensitive areas ordinance for future lot development on lots within the Property adjacent to Boeing Creek. Permit applications for lots adjacent to Boeing Creek governed by the Boeing Ditch Agreement shall conform to the requirements of said agreement and no further review or approval under the City's sensitive areas ordinance shall be required for all development that is consistent with said agreement. 7. Phased Division IV Binding Site Plan Framework The Division IV Binding Site Plan anticipates phased development of property within Division IV over time. Technical documents supporting the Division IV Binding Site Plan and related analysis under SEPA include the identification of transportation infrastructure elements, transportation circulation elements, utility elements and stormwater management elements for Division IV based upon maximum development and redevelopment assumptions to serve each phase. All future permit applications for the Property will be reviewed pursuant to the terms and conditions of this Agreement, the related Approvals, and the SEPA process as that may apply to individual permit applications. PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page I I of t7 (August 9,2004) (between The Boeing Company and the City of Kent) Because development may not occur immediately following the effective date of this Agreement, recording of the final Division IV Binding Site Plan is required within two (2) years of preliminary binding site plan approval and all prerequisite conditions thereto identified in section B of the binding site plan conditions (EXHIBIT 11) shall be completed. A one time one (1) year extension may be granted by the City upon receipt of a written request from Boeing provided such request is submitted prior to the two (2) year expiration. jPrior to, or in conjunction with, the transfer of any lot outside of the ownership of Boeing, or prior to or in conjunction with the issuance of a Project Related Building Permit, the conditions of section C of the BSP-2003-1 (EXHIBIT 11) shall be completed on a lot-by-lot basis according to Attachment A (EXHIBIT 11) (matrix). For purposes of this Agreement, "Project Related Building Permit" shall mean all building permits for development activity associated with a fee conveyance of property from Boeing to a non- Boeing entity. For any building permit, as deemed necessary by the Public Works Director, that is not a Project Related Building Permit the conditions of section C of the BSP-2003-1 shall not apply, except as follows: a) conditions C.9., C.10., and C.I I., and only the Recommended Project Improvements (see section 4.(d)) shall be completed on a lot-by-lot basis according to Attachment A (EXHIBIT 11)(matrix) and, b) stormwater improvements shall be completed as required by Attachment A on lot by lot basis or according to an acceptable alternative, approved by the City, to provide onsite detention and water quality improvements on a lot-by-lot basis in accordance with design standards and regulations in affect at the time of submission of a complete building permit application. 8. Minor Adjustments to Division IV Binding Site Plan Minor adjustments to the Binding Site Plan approval may be authorized by the City per Kent City Code 12.04.840. The following are examples of changes to the Division IV Binding Site Plan that will be deemed by the City to involve a minor adjustment and not require new binding site plan approval under the Kent City Code- a) adjustments of lot lines through the boundary line adjustment process that do not increase the number of resulting lots, b) adjustments in the dimension or location of buildings that do not violate then current setback requirements, zoning code regulations, or uniform codes adopted by the City, c) adjustments that do not result in substantial changes, as determined by the planning manager or public works director, in the design or location of access, parking, circulation, drainage, public utility improvements, or easements, d) minor lot consolidation applications that combine lots, and e) incorporations of changes showing permitted/constructed improvements, including but not lirruted to, building locations, parking, landscape areas, drive aisles, and the like. PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 12 of 17 (August 9,2004) (between The Boeing Company and the City of Kent) 9. Adequacy of SEPA Mitigation The City acknowledges the previously prepared environmental documents referenced herein for the purposes of satisfying its responsibilities under SEPA for the subject matters covered by this Agreement. To the extent that future impacts associated with new development of the Property are consistent with the identified prior SEPA approvals, no further SEPA mitigation will be required for any future permit applications so long as the City can rely on said environmental documents for the purposes of complying with its responsibilities under SEPA through the adoption of said documents. To the extent practicable, the City will rely on existing SEPA documents to support permit applications in a manner consistent with WAC 197-11-600(4). 10. Notification of Property Transfer Agreement In conjunction with the transfer of any lot within Division IV, Boeing shall notify the City of said transfer in accordance with the Notification of Property Transfer Agreement attached hereto as EXHIBIT 19 and by this reference made a part hereof and incorporated herein. The City and Boeing shall execute said Notification of Property Transfer Agreement within ten (10) days of the date of this Agreement. For property within Division III, the form of the property transfer notice shall conform to the Division III Short Plat condition of approval (condition A.10), unless the Division III Short Plat has been vacated and then the requirements of this section shall apply to property transfers pertaining to Division III property. 11. Execution, Recording and Effective Date The City shall cause this Agreement to be executed by its authorized representative, within seven (7) days of its approval by the Kent City Council and receipt of an executed Agreement by the authorized representative of Boeing. Within ten (10) days following mutual execution of this Agreement, the City shall cause this Agreement to be recorded with the Real Property Records Division of the King County Records and Elections Department. This Agreement shall become effective upon recording. 12. Successors and Assigns This Agreement shall bind and inure to the benefit of Boeing and the City and their successors in interest, and may be assigned to successors in interest to the Property. Consent by the City shall not be required for any transfer of rights pursuant to this Agreement. Upon any such transfer, the transferee shall be entitled to all interests and rights and be subject to all obligations under this Agreement Upon assignment and assumption by the assignee(s) of all obligations under this Agreement, Boeing shall be released from all obligations under this Agreement as pertain to the particular interest assigned. PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 13 of 17 (August 9,2004) (between The Boeing Company and the City of Kent) i 13. Amendment This Agreement shall not be modified or amended without the express written approval of the City and Boeing. Minor amendments to this Agreement shall not, except to the extent otherwise required by law, require notice and a public hearing unless the amendment relates to an extension of the Term or modification of Vested Development Regulations as identified to Section IH.3. Notwithstanding the foregoing, the City retains the authority to review and approve minor amendments in an open public meeting if such a minor modification may be of interest or concern to the public. 14. Continuation of Existing Uses The City acknowledges that the Property contains a number of uses, some of which may be nonconforming at the time future permit applications for redevelopment are submitted to the City. If a future permit application for the redevelopment of a lot on the Property contains a nonconforming use, redevelopment shall comply with Kent City Code section 15.08.100 pertaining to nonconforming development. AGREED this day of 2004. CITY OF KENT ATTEST: By: By: Its Its APPROVED AS TO FORM: City Attorney PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 14 of 17 (August 9,2004) (between The Boeing Company and the Cay of Kent) 1 STATE OF WASHINGTON ) ) ss. COUNTY OF ) _ On this day of 2004, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, _ personally appeared to me known to be the person who signed as of the CITY OF KENT, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that was duly elected, qualified and acting as said officer of the corporation, that was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington residing at j My appointment expires: THE BOEING COMPANY By: Its: Vice President PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 15 of 17 (August 9,2004) (between The Boeing Company and the City of Kent) STATE OF WASHINGTON ) ) ss. COUNTY OF } On this day of 2004, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the person who signed as of THE BOEING COMPANY, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that was duly elected, qualified and acting as said officer of the corporation, that was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington residing at My appointment expires: PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 16 of 17 (August 9,2004) (between The Boeing Company and the City of Kent) i EXHIBITS 1 t i i PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 17 of 17 (August 9,2004) (between The Boeing Company and the City of Kent) P A C I F I C GATEWAY r [DEVELOPMENT■ MENT BETWEEN THE CITY OF KENT AND THE BOEING COMPANY IN COOPERATION: �•� -^�v CITY OF KENT, THE BOEING COMPANY W.B.A. BOEING REALTY CORPORATION), PERKINS COIF LLP (LEGAL COUNSEL FOR THE BOEING COMPANY), BARGHAUSEN CONSULTING ENGINEERS, INC. (CONSULTANT FOR BOEING REALTY CORPORATION) Aucusr 2QO4 PACIFIC GATEWAY DEVELOPMENT AGREEMENT TABLE OF CONTENTS/ DIRECTORY I. PREAMBLE...................................................................................................... Page II. RECITALS........................................................................................................ 1 A. Description of Property......... ................ ................. .................. . i B. Description of Division II................................................................ 1 C. Description of Division III.. ............. .................................... .. ...... 1 D. Description of Division IV............. .. ................ ..... .................. ... 1 E. General Intent of Agreement........ . ........ ................................. ... 2 F. Statement of requirement of Development Agreement in accordance with KCC12.04(phased BSP) ................................ 2 Ill. AGREEMENT............................................................................................. 2 1. Purpose............. ........................... .. .............. ................. .. ........ .... . 2 2. Term of Agreement............. ............ ................. .............. .... ........... . 3 3. Vesting of Development Regulations................................................... 3 4. Transportation Infrastructure and Mitigation.......................... . ..... ... . 4 a Credit for Prior Transportation Mitigation ......... ..... .. ..... 4 b. Division II (SEPA and Short Plat). .......... ... . ...... .. .. . 5 c. Division Ill (SEPA and Short Plat). . ......... ... .................. 5 d. Division IV (SEPA and BSP)........ ........................ ..... .... 6 e. Traffic Circulation...... ....... ..... ........... ..... ....... ............. . 8 5. Stormwater Improvements............................................ ...... .... . ..... . 9 a. Division II (SEPA and Short Plat).... . ..... .......... .... . .. 9 b. Division fit (SEPA and Short Plat)................... ......... ...... 9 c. Division IV(SEPA and BSP).................................. ........ 9 d. Water Quality Special Provision.......................... .... ....... 10 6 Boeing Ditch Agreement and Sensitive Areas Ordinance Compliance 11 7. Phased Division IV Binding Site Plan Framework............... ...... ... .. . 12 8. Minor Adjustments to Division IV BSP... .......................................... .. 13 9. Adequacy of SEPA Mitigation.................. ......................... ................ 13 10. Notification of Property Transfer Agreement............... ....................... 13 PACIFIC GATEWAY DEVELOPMENT AGREEMENT -Page 1 of 2 (August 9,2004) (between The Boeing Company and the City of Kent) 11. Execution, Recording, and Effective Date........................................ .. 14 12. Successors and Assigns................................................................ ..... 14 13. Amendment (to Development Agreement).......... ............. ................. 14 14. Continuation of Existing Uses........................... .. ......................... ..... 15 IV. EXHIBITS Legal Description............................... ........................ ............. ....... ... Exhibit 1 Division II Map............................................................ ............. ........... Exhibit 2 Division III Map.................................................... .............. ............. ... Exhibit 3 Division IV Map.................................................. .............................. ... Exhibit 4 Divisions II, III, and IV Map....................... ... . ..... ... ................... ...... Exhibit 5 Division II Short Plat Approval...................... ......... ................... ......... Exhibit 6 Recorded Division 11 Short Plat................ ........................................... Exhibit 7 Division II MDNS ................................... . ............. .. ........ ................. Exhibit 8 Division III Short Plat Approval.......... ................ ......... .. ............... .... Exhibit 9 Recorded Division III Short Plat .................. ............ .. ................ ...... Exhibit 10 jDivision IV Preliminary BSP Approval and Attachment A—Matrix...... Exhibit 11 Recorded Division IV BSP.............. ......... .. . ............ ............... ..... . Exhibit 12 Division IV MDNS........... .............. ............... . ......... .. ................. .. . Exhibit 13 Traffic Impact Study. ........ .... .......... .. ......... .. ... .. .................. . .... Exhibit 14 PM Peak Hour Trip Generation..... . .. ............ ............... .. ................. Exhibit 15 Cumulative Accounting Form PM Peak Hour Trip Generation...... .. ............. .. ..................... .... Exhibit 16 Traffic Circulation Plan .................. ........................ ....................... .... Exhibit 17 Boeing Ditch Agreement......... ... .. .... .............. .. . .. .................. .. .. Exhibit 18 Notification of Property Transfer Agreement (Example)................... .. Exhibit 19 Confirmation of Continuation Agreement (Example).... ....................... Exhibit 20 Vested Development Regulations............... ...................... ....... ......... Exhibit 21 PACIFIC GATEWAY DEVELOPMENT AGREEMENT -Page 2 of 2 (August 9,2004) (between The Boeing Company and the City of Kent) f Return Address City of Kent Property Management 220 Fourth Avenue South Kent, WA 98032-5895 Document Title(s)(or transactions contained therein) 1. Pacific Gateway Development Agreement Grantor(s)(Last name first,then first name and initials). 1 The Boeing Company Grantee(s)(Last name first,then first name and initials) 1. City of Kent Legal description(abbreviated i.e. lot,block,plat or section,township,range) �X Full legal is on Exhibit 1 of document. Assessor's Property Tax Parcel/Account Number 022204-9019-08,022204-9062-04,022204-9063-03,022204-9066-00,022204-9067-09, 022204-9068-08 jPACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 1 of 16 (August 9,2004) (between The Boeing Company and the City of Kent) PACIFIC GATEWAY DEVELOPMENT AGREEMENT BETWEEN THE BOEING COMPANY AND THE CITY OF KENT I. PREAMBLE This DEVELOPMENT AGREEMENT ("Agreement") between THE BOEING COMPANY ("Boeing"), a Delaware corporation, and the CITY OF KENT ("City"), a municipal corporation of the State of Washington, is entered into pursuant to the authority of RCW 36.70B.170 through .210, under which a local government may enter into a development agreement with an entity having ownership or control of real property within its jurisdiction. II. RECITALS A. Boeing is the owner of certain real property historically known as the Boeing Kent Space Center (the "Property"), located in the City of Kent, King County, Washington and more particularly described in EXHIBIT 1, attached hereto and by this reference made a part hereof. B. On May 2, 2002, the City issued approval with conditions for a 9-lot short subdivision (see EXHIBIT 6 attached) of an approximately 67-acre portion of the Property commonly known as Pacific Gateway Division 11 ("Division II"), which short subdivision was recorded on May 6, 2003 at King County, WA (Recording No. 20030506900014) (the "Division II Short Plat"), attached hereto as EXHIBIT 7. The location and extent of Division H is depicted on EXHIBIT 2, attached hereto and by this reference made a part hereof. C. On December 12, 2002, the City issued approval with conditions for a 4-lot short subdivision (See EXHIBIT 9 attached) of an approximately 26-acre portion of the Property commonly known as Pacific Gateway Division III ("Division III"), which short subdivision was recorded on February 13, 2003 at King County, WA (Recording No. 20030213900020) (the "Division III Short Plat"), attached hereto as EXHIBIT 10 and by this reference made a part hereof. The location and extent of Division III is depicted on EXHIBIT 3, attached hereto and by reference made a part hereof. D. Concurrent with review of this Agreement, Boeing received preliminary approval of a 27-lot binding site plan (See EXHIBIT 11 attached) for the approximately 136 remaining acres of the Property, commonly known as Pacific Gateway Division IV j ("Division IV"). The final binding site plan once recorded shall be attached hereto as EXHIBIT 12 (the "Division IV Binding Site Plan") and by this reference made a part hereof. The location and extent of Division IV is depicted on EXHIBIT 4. E. It is anticipated that Divisions II, III and IV (Property) may be developed or redeveloped (which terms are referenced collectively herein as "development") in portions over an extended period of time. In light of this anticipated long-term buildout, the parties PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 2 of 16 (August 9,2004) i (between The Boeing Company and the City of Kent) desire to establish required stormwater and transportation improvements necessary to support development of the Property, to vest future permit applications for lots within the Property on a rolling, 5-year basis, and to reach certain other agreements intended to enhance development consistency and predictability among the Divisions. The location and extent of the Property is shown on EXHIBIT 5. F. Kent City Code 12.04.825(C) requires execution of a development agreement, in accordance with RCW 36.70B.170, for binding site plans that contemplate an extended period of development. The code requires that such agreements shall govern at a minimum, the use and development of the property subject to the binding site plan, including: (1) vesting applicable to subsequent permits; (2) the manner in which each phase of the development will proceed to ensure that the road and utilities necessary to serve each phase of the development are constructed prior to the development of each phase; and (3) expiration of the agreement and all provisions therein. This Agreement is intended to meet the requirements of the code. NOW, THEREFORE, the City and Boeing agree as follows: III. AGREEMENT 1. Purpose The parties acknowledge that this Agreement is premised upon the Division II and III Short Plats, which have been previously approved and recorded, and the Division IV Binding Site Plan, which has been approved concurrent with this Agreement. The Agreement shall be used to implement phased infrastructure development upon the sale of the lots of Division IV, and to address traffic and stormwater improvements related to future expansion, redevelopment, or new development on the Property. The Agreement also has provisions for the vesting of certain development regulations for Divisions H, III and IV. In order to prepare for the possible future development of the Property while the Property remains in single ownership, Boeing intends to identify and design stormwater and transportation improvements to serve such development during the term of this Agreement in order to provide the City, Boeing, and any future developers of the Property with reasonable certainty regarding these infrastructure needs. The term of this Agreement is intended to be of adequate duration to provide for these established improvements to serve future development while acknowledging that most of the Property is not currently expected to develop outside of Boeing ownership. This Agreement shall apply to all future development of the Property during the term of the Agreement, as hereinafter defined. 2. Term of Agreement The "Term" of this Agreement shall be twenty (20) years from the recording date of this Agreement, unless both parties otherwise agree, during the year 2024, to either (a) execute a confirmation of the continuation of this Agreement for an additional twenty (20) years of the Term in substantially the form and content of EXHIBIT 20 attached hereto and PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 3 of 16 (August 9,2004) (between The Boeing Company and the City of Kent) by this reference made a part hereof or (b) amend the Agreement as they may deem reasonable and necessary. A confirmation of continuation of this agreement and/or any amendments that relate to an extension of the Term may require a public hearing as in accordance with Section 13 of this Agreement. Termination of this Agreement shall not affect the requirements related to the Binding Site Plan Approval for Division IV, set forth in Sections 7 and 8 herein, which shall survive the termination of this Agreement and continue to govern development with Division IV. 3. Vesting of Development Regulations Future permit applications for development of the Property shall be reviewed under the development regulations in effect at the time of complete application, except with respect to land use, zoning and site planning regulations. The land use, zoning, and site plan regulations in effect at the time of the effectiveness of this Agreement are attached hereto as EXHIBIT 21 ("Vested Development Regulations"), and future permit applications for development of the Property shall be reviewed pursuant to these regulations as follows: the Vested Development Regulations shall govern development of the Property until December 31, 2009 ("Initial Vesting Period"). Following the Initial Vesting Period, this Agreement establishes vesting for subsequent five-year periods ("Subsequent Five Year Vesting Periods"), starting on January 1 of the first year and ending December 31 of the fifth year, for the duration of the Term. At the beginning of each Subsequent Five Year Vesting Period, the land use, zoning, and site planning regulations in effect as of December 31 of the prior vesting period shall replace EXHIBIT 21 and this Agreement shall be automatically amended with said regulation through the re-recording of this Agreement with the new regulations attached. It shall be the responsibility of Boeing to re-record this Agreement at the beginning of each Subsequent Five Year Vesting Period The property owner(s) subject to this Agreement may, at any time elect, in its (their) sole discretion, to conform to new development regulations that may from time to time be adopted by the City. Notwithstanding the foregoing, the City reserves the authority under RCW 36.70B.170(4) to impose new or different regulations to the extent required by a serious threat to public health and safety. 4. Transportation Infrastructure and Mitigation (a) Credit for Prior Transportation Mitigation The City acknowledges Boeing's payment for transportation improvements serving development within the Property made under Local Improvement District Nos. 328 and 340. Except for the southbound right-turn lane at W. Valley and 2081h identified in the Division IV MDNS, any future permit aplications for development of the Property that generate traffic impacts on South 196`h/200` Street from East Valley Highway to Orillia Road and/or West Valley Highway from South 189th Street to South 212th Street shall not be subject to additional mitigation fees for system improvements on these roadways unless, at the time of permit application, the impacts cumulatively exceed, on a trip generation basis, the total trips anticipated by the Traffic Impact Study, as defined in Section 4(d), for future development of PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 4 of 16 (August 9,2004) (between The Boeing Company and the City of Kent) the Property. If at the time a complete permit application is submitted, the City has assessed a system development charge for one or more grade separation projects, the Property shall be subject to the assessment. Boeing does not, however, waive, and expressly reserves, the right to challenge the number of trips used by the City to calculate the dollar amount of the system development charge assessed for grade separation projects to the Property. (b) Division II The Division II Short Plat was analyzed for environmental impacts pursuant to the State Environmental Policy Act ("SEPA"), which included the evaluation of potential traffic impacts resulting from the assumed build-out of Division II with an additional 1 million square feet of industrial park use over time and resulted in a Mitigated Determination of Nonsignificance ("Division II MDNS") issued February 26, 2002 (attached hereto as EXHIBIT 8 and by this reference made a part hereof). The parties acknowledge that the transportation improvements to support the future lot development of Division II have been established through the Division II MDNS (EXHIBIT 8) conditions and the Division II Short Plat conditions of approval (EXH[BIT 6). Following completion of construction of the required transportation improvements and any required inspections and approvals by the City, the conditions of the short plat shall be deemed met and no additional transportation improvements to mitigate total trip generation impacts in the Traffic Impact Study shall be required for future development permit applications, subject to subsection (a)and (d)herein and Section 9 of this Agreement. Each future development application for the Property shall be required to demonstrate, through an abbreviated traffic study or other acceptable technical document approved by the City, consistency with the Division II MDNS traffic impact analysis to allow for the City's adoption of the Division II MDNS, or incorporation of a supporting traffic report, to satisfy the City's responsibilities under SEPA for said application. If a determination of consistency is made by the City, all traffic impacts shall be deemed mitigated through the implementation of the Conditions/Mitigating Measures of the Division 11 MDNS and conditions of approval for Division II Short Plat. (c) Division III The parties acknowledge that the Division III Short Plat was categorically exempt from SEPA review. The parties also acknowledge that the Traffic Impact Study (EXHIBIT 14) prepared for the Division IV MDNS included the analysis of cumulative traffic impacts of the development of Division III. The parties acknowledge that the transportation improvements to support the future lot development of Division III have also been established through the Division III Short Plat conditions of approval (EXHIBIT 9). Following completion of construction of the required transportation improvements and any required inspections and approvals by the City, the conditions of the Division III Short Plat shall be deemed met and no additional transportation improvements to mitigate total trip generation impacts in the Traffic Impact Study shall be PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 5 of 16 (August 9,2004) (between The Boeing Company and the City of Kent) required for future development permit applications, subject to subsection (a) and (d) herein and Section 9 of this Agreement. Each future development application for the Property shall be required to demonstrate, through an abbreviated traffic study or other acceptable technical document approved by the City, consistency with the Division IV MDNS Traffic Impact Study to allow for the City's adoption of the Division IV MDNS, or the incorporation of a supporting traffic report, to satisfy the City's responsibilities under SEPA for said application. If a determination of consistency is made by the City, all traffic impacts shall be deemed mitigated through the implementation of the Conditions/Mitigating Measures of the Division III Short Plat conditions of approval and Division IV MDNS that pertain to development within Division III. (d) Division IV The Division IV Binding Site Plan was analyzed for environmental impacts pursuant to SEPA, which included the evaluation of potential traffic impacts resulting from the assumed build-out of Division IV with the potential additional development of 600,000 square feet of industrial park use and the reuse and/or redevelopment of the existing 1.9 million square feet of industrial park use over time and resulted in a Mitigated Determination of Nonsignificance ("Division IV MDNS") issued December 2, 2003 (attached hereto as EXHIBIT 13 and by this reference made a part hereof). The Division IV MDNS was supported by a Traffic Impact Study attached hereto as EXHIBIT 14 and by this reference made a part hereof("Traffic Impact Study"). The Traffic Impact Study and the Division IV MDNS identifies required mitigation in two separate forms (a) Recommended Project Improvements and (b) the pro-rate share of the Recommended System Improvements. Recommended Project Improvements: The Recommended Project Improvements are listed in the Traffic Impact Study and included within Attachment A of the Division IV Binding Site Plan. The completion of the Recommended Project Improvements shall be implemented on a lot-by-lot basis prior to, or in conjunction with, the transfer of any lot outside of the ownership of Boeing, or prior to or in conjunction with the issuance of a Project Related Building Permit, as defined in Section 7 of this Agreement, in conformance with the schedule set forth on EXHIBIT 11 attached hereto (matrix). Recommended System Improvements: Boeing shall pay to the City their pro-rated share of the Recommended System Improvements (see Division IV MDNS, mitigating condition #1). This amount shall be paid in full to the City prior to the recording of the Division IV Binding Site Plan. Due to the fact the Traffic Impact Study analyzed potential traffic impacts through the year 2010, during the year 2010, an updated Traffic Impact Study shall be submitted to the City for review and approval based on as then current development regulations, analyzing existing and future trip generation for the next (5) year period. The updated Traffic Impact Study, once reviewed and approved by the City, shall be appended to this Agreement and recorded as a supplement to EXHIBIT 14 hereto and shall remain valid PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 6 of 16 (August 9,2004) (between The Boeing Company and the City of Kent) for the succeeding (5) year period. Any additional pro-rated share of any new Recommended System Improvements shall be paid within 90 days of the City's approval of the updated Traffic Impact Study and prior to issuance of any development permit. This traffic study update process shall be completed every five(5) years after 2010, so long as this Agreement remains in effect. Each future development application for the Property shall be required to demonstrate, through an abbreviated traffic study or other acceptable technical document approved by the City, consistency with the Division IV MDNS Traffic Impact Study to allow for the City's adoption of the Division IV MDNS, or the incorporation of a supporting traffic report, to satisfy the City's responsibilities under the SEPA for said application. The Public Works Director shall have the discretion to determine incremental and total trip generation consistent with the ITE Trip generation Manual (latest ed.) for the purpose of establishing the appropriate trip generation for the specified use of a permit application. If a determnation of consistency is made by the City, no additional transportation mitigation will be required so long as the estimated total PM peak hour trip generation of the proposed use remains at or below the 4,902 trips established in the Division IV MDNS on a cumulative basis for the Property as specified in greater detail by EXHIBIT 15 attached hereto and by this reference made a part hereof. In the event the City determines the impacts of the development for the proposed permit application are not fully mitigated through this consistency analysis, the City may prepare a new threshold determination, or otherwise require additional mitigation, as deemed appropriate at the time of application. If the City determines the payment made as required by this section represents more than the fair share for impacts generated by the property, based on any updated traffic study, the City may credit Boeing for said excess payment. So long as Boeing holds title to any portion of the Property, Boeing shall provide to the City a cumulative accounting of all then-existing development and Division IV mitigation previously performed at the time of each project permit application, substantially in the form attached hereto as EXHIBIT 16 and by this reference made a part hereof. In the event the City adopts a Growth Management Act, Ch. 36.70A RCW, impact fee ordinance in conformance with the requirements of RCW 82.02.050 et seq., the City acknowledges that the payments made by Boeing as required by this section are being made for "system improvements reasonably related to the new development," as defined therein, and the property owner(s) of property subject to this Agreement shall not be required to pay traffic impact fees under any new ordinance as prohibited by RCW 82.02.100 provided no additional impacts are revealed in any subsequent updated traffic studies. Provided, however, this impact fee prohibition does not apply to system development charges for grade separation projects provided for in section 4(a). (e) Traffic Circulation A conceptual "Traffic Circulation Plan" is attached as EXHIBIT 17 and by this reference made a part hereof, which identifies six access connections to the existing public PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 7 of 16 (August 9,2004) (between The Boeing Company and the City of Kent) rights of way and two future internal circulation access routes on 204n' and 208'' anticipated to serve future development of the Property, and in accordance with Section 7 of this Agreement. For all future development of the Property the six access connections shall be provided consistent with the Traffic Circulation Plan and as supported by the Traffic Impact Study, unless otherwise approved or restricted by the Public Works Director. Project Related Building Permit Applications shall provide access routes and rights-of-way consistent with the Traffic Circulation Plan in conformance with related conditions of the Division IV Binding Site Plan. 5. Stormwater Improvements (a) Division II The Division II Short Plat was analyzed for environmental impacts pursuant to SEPA, which included the evaluation of potential stormwater impacts resulting from the assumed maximum impervious build-out of the Division 11 with development of an additional 1 million square feet of industrial park use and approximately 53 acres of impervious coverage over time and resulted in a Mitigated Determination of Nonsigmficance ("Division II MDNS") issued February 26, 2002 (attached hereto as EXHIBIT 8 and by this reference made a part hereof). The parties acknowledge that stormwater improvements required by the Division II MDNS and the Division II Short Plat approval, including an on-site public detention/water quality pond system, have been completed and are adequate to support the level of development analyzed in support of the Division 11 SEPA review. The constructed improvements shall be deemed to satisfy all current and future storm water detention and water quality treatment requirements for all future permit applications, except as otherwise provided in Subsection (d) of this Section. (b) Division III The parties acknowledge that the Division III Short Plat was exempt from SEPA review, and that the storm water detention and water quality treatment requirements for the future project permit applications for the potential future development and lot transfer of the Division III shall be governed by the Division III Short Plat conditions of approval (EXHIBIT 9). The parties also acknowledge that the engineering plans addressing stormwater management for the Division IV Binding Site Plan, as set forth in Section 5(c), may include a consolidated solution to stormwater management for both Division IV and Division III. (c) Division IV The Division IV Binding Site Plan was analyzed for environmental impacts pursuant to SEPA, which included the evaluation of the potential stormwater impacts resulting from the assumed future maximum impervious build-out of Division IV Binding Site Plan with approximately 123 acres of impervious coverage and the additional new development of PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 8 of 16 (August 9,2004) (between The Boeing Company and the City of Kent) 600,000 square feet of industrial park use and the re-use or redevelopment of the 1.9 million square feet of existing industrial park use over time and resulted in a Mitigated Determination of Nonsignificance ("Division IV MDNS") issued December 2, 2003 (attached hereto as EXHIBIT 13 and by this reference made a part hereof). The parties acknowledge that the stormwater improvements required by the Division IV MDNS and the Division IV Binding Site Plan approval shall govern the stormwater improvements for stormwater quantity control (detention) and quality control (water quality treatment) for future lot build-out (development and redevelopment) for all property governed by the Division IV Binding Site Plan. Prior to the recording the Division IV Binding Site Plan, Boeing shall submit detailed construction plans to the City (PWD) for review and approval addressing stormwater management for the Division IV in accordance with BSP Conditions B.13. The completion or the stormwater improvements shown on the "approved" plans shall be implemented on a phased construction schedule, as set forth on EXHIBIT 11 attached hereto (matrix) prior to, or in conjunction with, the transfer of any lot outside of the ownership of Boeing, or prior to or in conjunction with issuance of a Project Related Building Permit, as defined in Section 7 of this Agreement. The "approved" plans shall serve as the required stromwater improvements for stormwater quantity control (detention) and quality control (water quality treatment) for all project permit applications for all future lot development of Division IV, except as otherwise provided in Subsection (d) of this Section. (d) Water Quality Special Provision The City may modify the stormwater improvements described in subsection 5.(a), (b), and (c) above and require additional water quality improvements if any of the following circumstances occur during the term of this Agreement: 1) The City reasonably believes, in good faith, that the City's approval of a project permit application under the terms of this Agreement would result in a decision by a State or Federal administrative agency, or a Court of competent jurisdiction, that the City's eligibility for funding, grants, program eligibility or other resources sought by the City would be materially impaired; 2) The City reasonably believes, in good faith, that the City's approval of a project permit application under the terms of this Agreement would result in a decision by a State or Federal administrative agency, or a Court of competent jurisdiction, that the City unlawfully failed to comply with the Endangered Species Act, Clean Water Act, or other State or Federal laws or regulations relating to water quality; or 3) A State or Federal statute or regulation requires the City to adopt stormwater regulations to address cumulative water quality impacts on an area wide or City- wide basis and the City reasonably believes, in good faith, that the City's failure to apply said PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 9 of 16 (August 9,2004) (between The Boeing Company and the City of Kent) regulations to the property subject to this Agreement would result in municipal liability for the City. Modifications under this subsection shall only be to the extent necessary to address the applicant's proportionate share of such cumulative standard. Any modification or addition to the approved and constructed stormwater improvements that is required as a result of one of the foregoing conditions occurring shall be limited to the minimum necessary to avoid the consequences described herein. The parties agree that the City shall attempt to, but not be obligated to, provide written notice to Boeing prior to City Council action on a proposed modification when the City believes any of the above circumstances have arisen. Boeing shall have the right, at its sole discretion and expense, to seek recourse from the appropriate administrative or judicial body. Notwithstanding the foregoing, this Agreement is not intended to relieve Boeing or any property owner subject to this Agreement from compliance with the Clean Water Act, including, but not linuted to, regulations requiring retrofitting of existing stormwater facilities to correct nonconforming conditions that do not meet state and/or federal stormwater regulation mandated by state and federal authorities. 6. Boeing Ditch Agreement and Sensitive Areas Ordinance Compliance Boeing and the City entered an easement agreement relating to the use of property owned by Boeing known as the 'Boeing Ditch" or "Boeing Creek," and more particularly described on EXHIBIT B to said agreement, King County Recording No. 20030123000744 ("the Boeing Ditch Agreement"), attached as EXHIBIT 18 hereto and incorporated herein in full by this reference. Said easement was granted to the City for the purpose of allowing for conveyance system improvements, habitat enhancement, riparian plantings, and to establish a stream setback for development on the Property for lots adjacent to the Boeing Creek. Pursuant to the Division 11 MDNS, the Boeing Ditch Agreement was required to establish compliance with the City's sensitive areas ordinance for future lot development on lots within the Property adjacent to Boeing Creek. Permit applications for lots adjacent to Boeing Creek governed by the Boeing Ditch Agreement shall conform to the requirements of said agreement and no further review or approval under the City's sensitive areas ordinance shall be required for all development that is consistent with said agreement. 7. Phased Division IV Binding Site Plan Framework The Division IV Binding Site Plan anticipates phased development of property within Division IV over time. Technical documents supporting the Division IV Binding Site Plan and related analysis under SEPA include the identification of transportation infrastructure elements, transportation circulation elements, utility elements and stormwater management elements for Division IV based upon maximum development and redevelopment assumptions to serve each phase. All future permit applications for the Property will be reviewed pursuant to the terms and conditions of this Agreement, the related Approvals, and the SEPA process as that may apply to individual permit applications. PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 10 of 16 (August 9,2004) (between The Boeing Company and the City of Kent) Because development may not occur immediately following the effective date of this Agreement, recording of the final Division N Binding Site Plan is required within two (2) years of preliminary binding site plan approval and all prerequisite conditions thereto identified in section B of the binding site plan conditions (EXHIBIT 11) shall be completed. A one time one (1) year extension may be granted by the City upon receipt of a written request from Boeing provided such request is submitted prior to the two (2) year expiration. Prior to, or in conjunction with, the transfer of any lot outside of the ownership of Boeing, or prior to or in conjunction with the issuance of a Project Related Building Permit, the conditions of section C of the BSP-2003-1 (EXI-IIBIT 11) shall be completed on a lot-by- lot basis according to Attachment A (EXHIBIT 11) (matrix). For purposes of this Agreement, 'Project Related Building Permit" shall mean all building permits for development activity associated with a fee conveyance of property from Boeing to a non- Boeing entity. For any building permit, as deemed necessary by the Public Works Director, that is not a Project Related Building Permit the conditions of section C of the BSP-2003-1 shall not apply, except as follows: a) conditions C.9., C.10., and C.11., and only the Recommended Project Improvements (see section 4.(d)) shall be completed on a lot-by-lot basis according to Attachment A (EXHIBIT 11)(matnx) and, b) stormwater improvements shall be completed as required by Attachment A on lot by lot basis or according to an acceptable alternative, approved by the City, to provide onsite detention and water quality improvements on a lot-by-lot basis in accordance with design standards and regulations in affect at the time of submission of a complete building permit application. S. Minor Adjustments to Division IV Binding Site Plan Minor adjustments to the Binding Site Plan approval may be authorized by the City per Kent City Code 12.04.840. The following are examples of changes to the Division IV Binding Site Plan that will be deemed by the City to involve a minor adjustment and not require new binding site plan approval under the Kent City Code: a) adjustments of lot lines through the boundary line adjustment process that do not increase the number of resulting lots, b) adjustments in the dimension or location of buildings that do not violate then current setback requirements, zoning code regulations, or uniform codes adopted by the City, c) adjustments that do not result in substantial changes, as determined by the planning manager or public works director, in the design or location of access, parking, circulation, drainage, public utility improvements, or easements, d) minor lot consolidation applications that combine lots, and e) incorporations of changes showing permitted/constructed improvements, including but not limited to, building locations, parking, landscape areas, drive aisles, and the like. 9. Adequacy of SEPA Mitigation The City acknowledges the previously prepared environmental documents referenced herein for the purposes of satisfying its responsibilities under SEPA for the subject matters covered by this Agreement. To the extent that future impacts associated with new development of the Property are consistent with the identified prior SEPA approvals, no PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page I 1 of 16 (August 9,2004) (between The Boeing Company and the City of Kent) further SEPA mitigation will be required for any future permit applications so long as the City can rely on said environmental documents for the purposes of complying with its responsibilities under SEPA through the adoption of said documents. To the extent practicable, the City will rely on existing SEPA documents to support permit applications in a manner consistent with WAC 197-11-600(4). 10. Notification of Property Transfer Agreement In conjunction with the transfer of any lot within Division IV, Boeing shall notify the City of said transfer in accordance with the Notification of Property Transfer Agreement attached hereto as EXHIBIT 19 and by this reference made a part hereof and incorporated herein. The City and Boeing shall execute said Notification of Property Transfer Agreement within ten (10) days of the date of this Agreement. For property within Division III, the form of the property transfer notice shall conform to the Division III Short Plat condition of approval (condition A.10), unless the Division III Short Plat has been vacated and then the requirements of this section shall apply to property transfers pertaining to Division III property. 11. Execution, Recording and Effective Date The City shall cause this Agreement to be executed by its authorized representative, within seven (7) days of its approval by the Kent City Council and receipt of an executed Agreement by the authorized representative of Boeing. Within ten (10) days following mutual execution of this Agreement, the City shall cause this Agreement to be recorded with the Real Property Records Division of the King County Records and Elections Department. This Agreement shall become effective upon recording. 12. Successors and Assigns This Agreement shall bind and inure to the benefit of Boeing and the City and their successors in interest, and may be assigned to successors in interest to the Property. Consent by the City shall not be required for any transfer of rights pursuant to this Agreement. Upon any such transfer, the transferee shall be entitled to all interests and rights and be subject to all obligations under this Agreement. Upon assignment and assumption by the assignee(s) of all obligations under this Agreement, Boeing shall be released from all obligations under this Agreement as pertain to the particular interest assigned. 13. Amendment This Agreement shall not be modified or amended without the express written approval of the City and Boeing. Minor amendments to this Agreement shall not, except to the extent otherwise required by law, require notice and a public hearing unless the amendment relates to an extension of the Term or modification of Vested Development Regulations as identified in Section III.3. Notwithstanding the foregoing, the City retains the authority to review and approve minor amendments in an open public meeting if such a minor modification may be of interest or concern to the public. PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 12 of 16 (August 9,2004) (between The Boeing Company and the City of Kent) 14. Continuation of Existing Uses The City acknowledges that the Property contains a number of uses, some of which may be nonconforming at the time future permit applications for redevelopment are submitted to the City. If a future permit application for the redevelopment of a lot on the Property contains a nonconfornng use, redevelopment shall comply with Kent City Code section 15.08.100 pertaining to nonconforming development. AGREED this day of , 2004. CITY OF KENT ATTEST: By: By: Its Its APPROVED AS TO FORM: City Attorney STATE OF WASHNGTON ) ss. COUNTY OF ) On this day of 2004, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the person who signed as of the CITY OF KENT, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that was duly elected, qualified and acting as said officer of the corporation, that was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 13 of 16 (August 9,2004) f between The Boeing Company and the City of Kent) ! IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington residing at My appointment expires: THE BOEING COMPANY By: Its: Vice President ! t PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 14 of 16 (August 9,2004) (between The Boeing Company and the City of Kent) STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day of 2004, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the person who signed as of THE BOEING COMPANY, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that was duly elected, qualified and acting as said officer of the corporation, that was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington residing at My appointment expires: 1 PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 15 of lb (August 9,2004) (between The Boeing Company and the City of Kent) EXHIBITS i 1 i 1 1 1 i 1 1 1 PACIFIC GATEWAY DEVELOPMENT AGREEMENT—Page 16 of 16 (August 9,2004) (between The Boeing Company and the City of Kent) 1 . J EXHIBIT 1 rLEGAL DESCRIPTION PACIFIC GATEWAY DIVISIONS 11, III, AND IV THE PROPERTY All of Pacific Gateway Division 11 Short Plat, as recorded under Recording No. 20030506900014, Records of King County,Washington. AND All of Pacific Gateway Division III Short Plat, as recorded under Recording No. 20030213900020, Records of King County,Washington. AND Those portions of Sections 2 and 11, Township 22 North, Range 4 East, Willamette Meridian, City of Kent, King County, Washington, lying Southerly and Easterly of the Plat of Pacific Gateway Business Park, as recorded under Recording No. 20010117000904, Records of King County, Washington, and lying North of South 212th Street and lying West of the West Valley Highway (68th Avenue South); tEXCEPT those portions deeded to the City of Kent as recorded under Recording Nos.20021216003472 and 20021216003473, Records of King County, Washington; iEXCEPT Pacific Gateway Division If Short, as recorded under Recording No. 20030506900014, Records of King County,Washington; EXCEPT Pacific Gateway Division III Short Plat, as recorded under Recording No. 20030213900020, Records of King County,Washington Pacific Gateway July 29,2004 1 Revised: August 6,2004 DJSlss 100591.052.doc * EXHIBIT 2 ■ PACIFIC GATEWAY DIVISION II 0 300 600 12Vi el 60 i J <TMR p� {i La 4] 1Vi. R n kn f� A� -41 l flan 1 to ' '��:rc�•'-k':v',.�a ..wa.° 6;e.,a°�^" °x+x"9�" "k�3»SF%s i _>_— _ •--+-__.-,=r--c.d„ aes.>rf�ns""a ,°�y. r- ",¢ � ,a6,,s ,!= t _ .ym�.': .' su �':.� °f F mS��ePs� s °pie - ems t rs•F"i"'" f mv�u.`: `"a"e;°Y",`���eS 1 �� - Y �- yyy11� �'af`�aA .a�^'Io�`eF•�"�-`q`Nn�"�°l_�a'<zE�` __ S Mth SWEET S i EXHIBIT 3 1 PACIFIC GATEWAI', TI IO III 0 300 600 12 0 I MOM 1" -600!l"-- fitLi If ——— ����i��t ..yY� � .,�,6`^t •1 1 it ,� I {� �_, � z t 'lU6 ST_— -roaz riza zwXs.a '" _ .w.a ma �'__^`'• •N�� ok 5 rM STFEET D s EXHIBIT 4 1 PACIFIC GATEWAY N I „ 0 300 600 60,¢/q�F7 t :„.�✓;,�.�;,a,n'TM x°•*2';�" �, g a - JY �,"„ rE' _ L't a! • 3y , 9 I •VA Yn R iy�� f L`� e dA a � �a�� fd_.g 6 i�t\�\ — a._l♦. 1r � n�` z R 9F`ee' , li 4 +jaAx �s y�tl a jr- E-13 ------------ Q F' 01 . RAM All, fi EXHIBIT 5 1 PACIFIC GATEWAY DIVISION II,` III, & IV h � 7 L 0 300 600 12 0 1 171 ,P"/i l a � n,;�:.,"s tx>�"r.,, < '.>d'y,,d•'"%�'Fs'd sy^sa!._ 'ds s'3r°as;z' 3ar,FaMh',>""y ".'`^M<"ps^ "'"'sy rr � � ° �.�"N.aw t'sf °, ,�dx ^De' '? „> +"ss:°� .., .,me"`• >F 'Y_^r• �� 9 .dg6 ti„l,i'€'�'F « p nu:�� 1�pr ba • l�Jj` �-• 'd'a d Pv e'�, �NEA°9f' b%A''ei �,r3,A•fP"rr/:>`a".-��p15," d'`FF . ° „ ,-w.aa '-k ,6 sspm':e ,",-,�( s y,ya,...,•.,ns "S�1 A Sf`Pfi'�® dc.•' ° \s s" llra s�[°1 Fd n -"'�cf'aj'Ss_ p`""'�iT 'M'i' 'c, -`'a° < �; 5 _ - F ^ - '^d n f ,s 3°d .'.Sr - FeA d ,-aa�, z•,�n_..AC«vs_',4" �� �,R`y,'.,z'y to", ,, :t, n...r" "r _ _ s "'pfii"' ,v°;°«''f' •; 'z d'e'°ar d``d,d`-"nab."_..sns`.r, .',..' �'F-.e. �fi° d d "`a` M r d F '".s«'''c,z;.rd/s"`s F•ay asd" .a` , �,c'S <" �fd< >� �<"f,� nS-rn°s;^� `'u° kd y <a•f.,s-,.>a:,"'�,f sa,s 4',.r ;'• Sa46 r s'3 Ry ;;As f _ "a"da'tn' ,- fj.' ®,`f+s x. � i,sy36: ;."�.P,`sdy> p. ✓' p,'„'Y*'.�xs � R<.< P�dsa,":+'r 5� �s^ '�'+p` ��a'rt °,' •9j' a9 a�,ss��dJ,'` -z" .s;.�� 3«t',s<s sg'$'�ss`,s , in'-d"'°A'`sP erg'j''�=,'•r�`*`•">°;i RpH `� "ssF">`' s'r`,�s�'p ",r,`Tyr°„-�-"' as e;'^xs :,o,f°,o, < __ ;�rx`' s �" r d'�%:i e` c' `d.= �� f`°`"`E' `Q�d r. -.°, _"a�"„ ,-a� ,.,d"�g�',�a V•�`„}�° ; ���s-7 ?''d�n<�,``S°'`-',�s'A•,�g M1f; ,p - E,r "';" ""hr'-;' � '" ' ,y.r"•-- 's'.s'is^z>.a;?'_ "�4�il�+x_,, >z.b!'!.-,^^'2aq%4• "b°'�'§ �<'f' d-' Asr cdg€�,¢d�s''As`6F g f: F�k�s€ d"x,� ¢ �s;"%<R'�sa;N °���p"�fss" "`d'•a`<('tr✓a.�;;z',x„d �`�" r I ,�. 6 ♦ �*` �y i �^.-,.�r4,''".s �*"<'E.p.`da^ . r`r,�,"/a'n, �.,'"#" 4.Z��Z � E "xzll'{I S^" a�°<mp,,'`,•�F,sSa��6. s;'.. ° 4i: r •r Nnm,s:.y: a s. p p ���ba�Tsf ,6a°si P y.F>R .F �+.e �'T �,,d'ss e (`}�°�y,� t`s`3 "°`�;"�"o`•"r�^6,r r°, , ps�nr.>� i 4"-fie �e"n y d":•�s.�" ' . fin`"y".`zS,,z i� �,�'Y' .fNx ,�f",a"a" o,>•'sa +IMra',4."^...a>W,'•`. s,r F� §»+<�,F"r F^' d` F:}' aeo 4a ;'" " '„ eJi, '•-�,.r;F`F ,rn�fy'� • `'.f }-I�,F `ap"dNl>a /"',<r „_Y � J �S+� 'S:. ,a �'i P F 3" F,",y"'a',g..eq,'�'Y'[ ' is""r d: "" �sr"ter>s fi'r" g✓> ".�tii6x" i s�rj�.s fa`r^2 r��- :'r°�r-.t� °^^'�s'_s's'�;x�rn"�',a"'> -ss�3d'y�,°:� '�s�";•-a• F'M`¢d ��"..a�sA+��<<�..e�'Y si Fs'S: %'p'S3 �� r 3 •�' "":`4"�> �t s-k`rrl�'z`°dh`�6'ea ' _ • ' - ,- _ "$2t2th STREET r - COMMUNITY DEVELOPMENT Fred N Satterstrom, Community Dev Director PLANNING SERVICES Charlene Anderson,AICP Planning Manager EXHIBIT 6 • Phone 253 856-5454 f as 253-656-6454 ��r✓J (�'ENT Address 220 Fourth Avenue S Kent WA 98032- SHORT SUBDIVISION APPROVAL MAY 2, 2002 MEMO TO JAY GRUBB, PE NAME OF SHORT PLAT PACIFIC GATEWAY DIVISION II SHORT PLAT APPLICATION NO #SP-2000-22 KIVA #2010783 ACTION OF SHORT PLAT COMMITTEE APPROVAL WITH CONDITIONS NUMBER OF LOTS APPROVED- Nine Lots ACTION DATE May 2, 2002 EXPIRATION DATE: May 2, 2003 PLANNER Kim Marousek Findings for Approval of Type 11 Si on Subdivision(5-9 Lots)pursuant to KCC 12 04 490 The city has determined that appropriate provisions have been made for the public health, safely and general welfare of the community protection of environmentally sensitive lands and habitat,potable water supplies, sanitary wastes and other public ublilies and services, drainage ways and slormwater detention, neighborhood lot lots play areas community parks and recreation, schools and school grounds, transit stops, and the connectivily of streets roads, sidewalks and pedestrian pathways within and between subdivisions and neighborhoods The city has considered all other relevant facts of this application and has determined that the physical silo chalaclensfres are suitable for plaiting the city has determined that the public use and interest will be served by the plalling of the short subdivision subject to the following conditions of approval A PRIOR TO RECORDING THE PACIFIC GATEWAY DIVISION 11 SHORT PLAT I The Owner ' SuL+dtvtdcr shall pa} all Charges in Lieu of Assessments and'or Latecomer Fees, if any, prior to scheduling the Pre-Consrruckon Conference and'or prior to recording this�hon plat which ever comes first Page 1 of a i Approval ticmo , Pacific Gatcuay Un 11 Short Plat HSP-2000-22/1UVA Q010783 2 The Owner!Subdivider shall submit and receive approval for engineenng drawings from the Department of Public Works, and shall then either construct or bond for the fullow ing I A giavnt) sanitary sewer system to serve all lots The Cory sewer system shall be extended from the existing City sanitary sewer system and shall be sized to serve all off-site properties within the same service area In addition, the sanitary sewer system shall be extended across the entire short subdivision as needed to Sere adjacent properties within the same service area In particular,the existing budding on lots 6 and 9 are presently serviced by Boeing-s internal sever system which is considered a pnvate side sewer With finalizing of this short plat Lots 6 and 9 can be sold off and its present sewer , service arrangement would �iolate Cit) Code As such these lots and the existing buildings thereon shall be disconnected from the pnvate side sewer system in a manner approved by the City and connected to the City's sever system serving this short plat as prescnbcd and approved by the city (acceptable alternatives must be approved by the Public Works Department) b A water system meeting domestic and fire flow•icquuemenls for all lots The City water system shall be extended and sized to serve all properties within the same service area In addition, the water main extension shall be extended across (he entire short subdivision as needed to sere adjacent properties within ' the same service area In particular the existing building on lots 6 and 9 is serviced off Boeing's internal water system, which is a pnvate system Upon finalizing this short plat lots 6 and 9 can be sold off and its present water service would be in violanon of Ciq Code As such the existing water service to lots 6 and 9 and the buildings thereon shall be abandoned in a manner approved by the City and reconnected to the city's eater mains serving this short plat as prescnbed and approved by the Cin (acceptable alternatives must be approved by the Public Works Depanment) Existing wells - if any - shall be abandoned in accordance with the requirements of the Depanment of Ecolog) ` c Detailed Ihamage Plans meeting the requirements of the Cih of Construction Standards, and Cir't of Kent Development Assistance Brochure #J 3 Derailed Drainage Plans initial guidance is eiten in the cnndinons which follow (1) The `,rw'ner Subdiv idcr shall con<truct an on-site public detention / retention pond system in accordance with the Kent Construction Standards to mitigate for potential impacts to both siormwatei runoff quantity and qualih The detention , retention pond storage volume and release cntena shall be that for the \,alley, or by using the SBUH hydrograph mahodolog) (2) As development occurs uithm this shun subdivision, roof downspouts for each roofed structure (house garage,carport,etc)shall be directed to Roof Downspout Infiltration Trenches, or Perforated Sruborus, meeting the requirements of the Cir1 of Kent Constriction Standards and Cir) of Kent Development Assurance Brochure 0-5 Roof Downspout Page 2 of 8 , 1 Approval Memo Pacific Gateway Div.II Short Plat 1 #SP-2000-22/KJVA #2010783 I In Trench Sjstemt. Downspout Dispersion S3stem and L Perforated Stub out Connections These roof downspout conveyance and Infiltration ssslems shall Include overdo++ pipes connected to an approved conveyance system The Detailed Drainage Plans will include L an approved detail for the Roof Downspout Infiltration Trench, or Perforated Sniboui, and will provide for pnvate siormwater srubouis to each lot for future connection from the Roof Downspout infiltration Trenches, or Perforated Stubouis The face of the recorded short plat shall contain the following restncnon AS A CONDITION OF BUfLDING PERMIT ISSUANCE, DEVELOPMENTS CONSTRUCTED ON LOTS OF THIS SHORT SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION TRENCH (PERFORATED STUBOUT) SYSTEMS PER DETAILS SHOWN ON THE APPROVED STORMWATER PLANS (3) The Owner / Subdivider shall submit Landscape Plans for wuhin and surrounding the retention /detention facility to the Planning Departtneni and to the Department of Public Works for concurrent review and approval pnor to, or in conjunction with, the approval of the Detailed Drainage Plans These Landscape Plans shall meet the minimum requirements of the City of Kent Constniction Standards, and the stonnwat r management landscaping requirements contained w thin Ciry of Kent Development Assistance Brochure#S,Landscape Plans (4) The Owner I Subdivider shall execute Declaration of Siormwater r acihty Maintenance Covenants for the private portions of the drainage system prepared by Ilse Propem Planagemenl Section of the Department of Public Works See Ciq of Kent Dei elopment Assistance Brochure #5-17. Declaration of Sronnts-crier Facilit3 Maintenance Covenants, for Information on what is contained within this document d An open-lo-the-au public stormvwata treatment system In accordance woth the requirements of the Kent Construction Standards, and published Ciry of Kent Development Assistance Brochures dealing with siommater uearment, to mitigate for potential impacts to slormw-aier runoff quality Acceptable stormwater treatment facilities meeting this rcquuemenl in their preferred order I include Infiltration after pretreatment, buofiltration svvales, vvet ponds extended detention ponds, and created wetlands See Cif) of Kent Development Assistance Brochures #51, Iluough 115 15 for additional information on siormwaret treatment requirements (1) The sionnwater rieamreni system shall be within the approved public stommwater management tract (2) Easements for broGltraton svvales across private lots •%ill not be acceptable to meet this requirement e A Detailed Grading Plan for the cntue short subdivision meeting the requirements of the Uniform Building Code, the City of Kent Construction Standards, and Crq of Kent Development Assistance Brochure #1-3. Excavation Page 3 of 8 Approval Memo ' Pacific Gateway Div 0 Short Plat #SP 2000 22!KIVA#2010783 and Grading Permits d Gradutg_Plons Initial guidance for these plans is given below - (1) These plans will include provisions for utilities, roadways, retention / detention ponds stormwaler treatment facilities f A Temporary Erosion / Sedimentation Control Plan for The enure shoe subdivision meeting the requirements of the City of Kent Construction Standards, and the Washington Department of Ecology Slormwater Manaeement Manual for The Puge( Sound Basin These plans must reflect The Detailed Grading Plan discussed above and(he Planning Department approved Detailed Tree Plan g The OwncO Subdivider shall provide a final junsdiclional wetland determination ' from the U S Army Corps of Engineers (ACE) The Owner/ Subdivider will provide a vverland mitigation plan that meets requirements for all jurisdictional wetlands(andior wetland buffers),if required by the ACE ' Unless otherwise required by the ACE, to the extent that jurisdictional wetlands are delineated, the Owmerl Subdivider will grant an easement, to the City, in recordable form,on terms and conditions acceptable by the City and the Owner/ Subdivider to protect the jurisdictional weiland(s) The easement shall be stated on the face of the recorded plat. h Street Improvement Plans for South 212" Street These Street Iniproverncal Plans shall meet The requirements of the Cory ojKeni Construction Standards and Development Assistance Brochure 116-2, Private and Public Strew Improvements, for a street designated as a Principal Artenal Street Augmented With Bike Lanes by the City of Kent Master Plan of Roadways Initial guidance for the necessary street improvements is given below (1) Provisions for Bike Lanes along the north side of South 212" Street born West Valley Highway to 64" Avenue South -These Bike Lanes may be either an additional 5-feel of asphalt pavement for an in-street Bike Lane along The north side of the street; OR in lieu of the in-street bike lane, a 10 foot u ide cement concrete combined pedesinan/ bicycle facility: OR a Trununum 10-fool combined pedesmawbicicle facility may be constructed on the opposite side of the Boeing Creek )[located opposite the Creek then a suitable connection (a bndge or culvert at the east end) shall be constructed along South 212`h Street on both the east and west end of the bike trail/ lane All pedestnan/bicycle improvements, if constructed by owner/subdivider, shall be placed outside of the 100-foot Boeing Creek casement In lieu of designing and constructing the above improvements, the Owner/Subdivider may pay a fee to the City based on an approved construction cost estimate The City will consrmcl the above improvements in conjunction with planned improvements to Boeing Creek, trnrriediaiely adjacent to the existing sidewalk along the North side of South 212" Street Page 4 of 8 , r-- Approval Memo Panfic Gatcivay Div 11 Short Plat #SP 2000-22/KIVA 92010783 (2) Provisions to ensure thatpedestnans walking along the cement concrete sidewalks are revealed from accidentally falling into the abutting creek This provision can by met by a handrail or other measures as approved by the Public Works Department The owner/subdivider may pay a fee to the City based on an approved construction cost estimate in lieu of constructing this improvement ' (l) If the street widening option for providing Bike Lanes is selected by the Owner/Subdivider then a City approved street lighting system shall be installed (a) Traffic Sign and Charinelization Plans which will include the necessary HOV pavement markings, and traffic signs, for the north most traffic lane of South 2126 Street, and any channelization revisions deemed appropriate in the mitigation measures identified in the Traffic Impact Study required as a condition of issuing the MDNS issued for ENV 2001-12 A fee in lieu of these improvements may be approved by the Public Works Director. t The City has determined that the Boeing Creek, which flows along the south and east boundanes of the subject short subdivision, suffers from hydraulic capacity restraints inherent to the nature of the underlying soils and certain pnvate stormwaler culverts for which their tmen elevations are too high The City's regional stormwater detention facility, the Green fiver Natural Resource Area, thusly does not function as designed because of these capacity restraints. Further since these culverts, in particular, exist in future public right of way(S 2)2*St and West Valley Hwy) and due to then age they .will affect said streets longevity (1) The City has detemmned that in order for it to gel the usual and customary expected life out of the streets and culverts system it would normally get upon acceptance of same the culverts at 66" Ave and S 208'b St shall be replaced with bndges or approved culverts providing the necessary capacity and hydraulic surface as reviewed and approved by the City Further the creek upsircam and dow-nstreant of the respective bndges/culvcrts shall be reconstructed as determined by the City to accommodate the new hydraulic flow line and for fish passage and use (2) As an acceptable alternative the Or ner/Subdivider shall install new culverts (dry) at W Avenue South and South 212ib St and South 208* Street and West Valley Highway, outside the OMV7%1 of the Boeing Creek to accommodate the Cirv's future channel widening project The City will abandon or remote the existing culverts as part of the planned channel improvement project ) Street Improvement Plans for the new Industrial Street proposed to serice this short subdivision The Street Improvement Plans for South 2081b Place shall be designed in conformance with the requirements for an Industrial Street as required by City of Kent Construction Standards, and City of Kent Development Asststance Brochure p6-d, Private and Public Street Improvements, and City of Kent Development Assistance Brochure t16-8, Street Improvement Plans, for a street 44-feet wide Initial guidance for these street improvements is given below Page 5 of 8 tr Approval Memo , Pacific Gateway Div Il Short Plat RSP-2000-22/K1VA N2010783 (1) Combined cjjcbs & gutters and 5-foot wide cement sidewalks on both sides of The streel (2) A minimum of 44-feel of asphalt pavement(or as olhervise approved by the Public Works Deparunent),as measured from face of curb to face of curb, the two curb lanes wall be 15-feet in width and the center lane will be 14-feet in width, except where maneuvenng diagrams for WB-60 design vehicles indicate that wider lanes will be required (3) A public stormwater drainage system, including provisions for conveyance,detention,and treatment facilities (4) Curb return radii of 60-feet at the inlerseclion of the industrial streels With the nvo Principal Arsenal Streets (5) That portion of the proposed industrial street which extends westerly to The abutting parcel will include provisions for a temporary cul-de-sac, or a turnaround and/or access easement approved by both the Department of Public Works and the Fire Marshal (6) Installation of new bndges, or approved stormwater culverts,that will be compatible with the City's Boeing Creek Channel Improvement Project before the entrance onto both of the City's Principal Arsenal Streets k Street Light Plans for the new Industrial Streets meeting the requirements of the City of Kent Consirvcnon Standards, and City of Kent Dei elopment Assistance Brochure a6-1.Street Lighting Requirements 3 The face of the recorded short plat shall specifically reserve the necessary sinps of land for future pnvaic and/or public nght of way sere the abutting parcel to the north and south of South 208" Place using a declaration approved by the Department of Public Works The need for said pubic right of way shall be determined by the Public Works Director The declaration shall include language that specifically guarantees access and utility nghts from the pnvaie roadway to the public street system for all lots abutting 66" Ave S The declaration shall also include language to ensure that all development / redevelopment on those lots shall be set back from that reserved stnp as if it were public nghi-of-way The future dedication shall also include sufficient area for a temporary cul- de-sac lumaround, acceptable to the Fire Marshall and Public Works Director for the nonhem terminus of 66"Ave South a Pnor to the City's appioial of the location and alignment of this future stnp of nghi-of-way,the Owner/Subdivider shall provide the City with the locations of all overhead loading doors for the existing buildings on Lots 6, and 9, and any other information requested by the City,so dial potential traffic impacts upon the future public street may be evaluated and mdigated for as necessary 4 The Owner / Subdivider shall obtain an approved National Pollutant Discharge , Elimination System(NPDES) Permit from the Washington State Department of Ecology before the City issues any permits for construction Page 6 of 8 1 :x Approval Memo Paufic Gateway Div 11 Sbort Plat ✓<SP-2000-21/KIVA #2010783 5 The Owner / Subdivider shall provide to the City of Kent applicable copies of permits required by other agencies fol filling on-site wetlands In addition, all applicable local and federal permits necessary for +vetland mitigation shall be obtained prior to filling on- site wetlands 6 The Owner / Subdivider shall deed all public rights-of-way, and othernvise convey all private and public easements necessary for the construction and maintenance of the required improvements for this short subdivision development and shall suitably convey all public and private easements necessary for the construction, operation and maintenance of these required improvements Required easements or tract dedications will include a drainage easement for an unproved open channel conveyance system along the Boeing Creek from the crossing of the Boeing Creek wider 64th Avenue South on the north side of South 2121h Street, then easterly along South 212th Street to the west side of West Valley Highway, and from there northerly to the point where the existing creek passes under South 208ih Street The easement for the Boeing Creek shall extend from the South 212th Street and West Valley Highway nght-of-Ways to the opposite side of the creek one hundred feet from the new right-of-way line 7 The Easement Agreement between the City and the owner shall be recorded prior to or in conjunction teith the tract or easement conveyance required by ENV-2001-12 condition #2 ' 8 The Owner/Subdivider shall create language acceptable to the City and shown on the face of the short plat that sets forth terms and conditions to prohibit intrusion and protect future plantings within the dedicated easement or tract area adjacent to Boeing Creek 9 The Owner/Subdivider shall provide the Department of Public Works with a letter from King Country Drainage District No i which approves the discharge outlet design and location, grading,and landscaping immediately adjacent to those portions of Mill Creek which are owned or maintained by the District with the first submittal for any Construction Permits 10 Prior to release of any construction bonds, and prior to the approval of any Building Permits + ilhin the sub)ed short subdivision, the Department of Public Works must 1 recei%t and approve As-Bush Drawings meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Auulance Brochure aE-1, As- Build Drorungs, for Sheds, Street Lighting System, Water, Sever, Stormwater Drainage Facilities, and all off site improvements where the locations and/or elevations are deemed critical by the Department of Public Works 11 Direct access bN am lot shall not be permitted onto S 212'" Street or West Valley ' Highway(SR 181) unless othenrse permitted by the Public Works Director except at the existing signalized intersection of 66'A+e South and South 212"Street B PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THE PACIFIC GATEWAY BUSINESS PARK DIVISION H SUBDIVISION (SP-2000-22). THE OWNER/SUBDFVTDER SHALL I Record the Plat 2 Construct,or if appro%cd by the Ciry•,bond for all of the improvements required above. ' Page 7 of 8 _ Approval Memo Pacific Gateway Div 11 Short Plat f'SP-2000-22/K)VA#2010783 ' 3 Receive approval of the required As-Built Drawings for Streets Street Lights, Water, Sewer, Weiland Murgabon Soc(s),and Stormwaier Management Facilities 4 Existing landscaping on lots 6 and 9 is provided to satisfy the Kent Code requirements for the Boeing Space Center campus Any fede%elopment of those may necessitate the installation of landscaping to meet current code requirements 5- The exishng structures on Lots 6 and 9 were constructed as part of the larger space center campus If the existing buildings on lots 6 and 9 are not razed and changes in ownership of parcels 6 and 9 occur, those parcels will be require to meet current parking code requirements Parking requirements may be satisfied by a parking easement or other legal encumbrance as approved by the Planning Manager RECORDING The above conditions must be met before the short plat can be linalized and recorded The short plat does not become effective until such lime it is recorded with the King County Auditor's Office You have twelve months in which to do this If the short plat is not recorded within twelve months of the above dale of approval, it shall become null and void At the written request of the applicant Planning Services may grant one extension of not more than twelve months When the final map is complete and all conditions have been complied with, bring the map to Planning Services and we will send 4 through King County for recording (the applicant must pay the recording fee to Planning Services). Planning Services must receive the map in its office at least two weeks prior to the expiration date in order to allow lime for proper checking ' APPEAL OF SHORT SUBDIVISION COMMITTEE DECISION 1KCC 12 04 2501 The decision of the short subdivision committee shah be final, unless an appeal by any aggrieved party is made to the hearing examiner within fourteen(14)days after the short subdivision committee's decision The appeal shall be in writing and shall be processed pursuant to chaplet 2 32 of the Kent City Code , The decision of the hearing examiner shall represent final action of the city and is appealable only to the superior court Such appeal must be filed with the superior court within thirty(21)calendar days from the date the decision was issue 5-o1 -e)a- I Charlene Anderson,AICP,Acting Planning Manager Dale Chair, Shoff Subdivision Committee JMI\S kPefmillMankshorlplaisk200112010783appioval-II 5-2--02doc Copies mailed to. Dean Falkner, Public Works Carol Storm, Property Management Jerry McCaughan, Property Management Bob Hutchinson,Building Services , Mike Evans, Fire Prevention John Hodgson, Parks Administration Frank Grewell, Property Management Seallle-King County Health Department Colette Temmin/Joel Ross, Applicant/Owner Jay Grubb, Contact Page 8 of 8 4 EXHIBIT 7 a ry Pg2y$ i Y .� t� '"� �• n�.V •R Eq� W m g Cr0 «�� -zaa _ o 254n = V be 25 s RLrK)S gnN3AV L089 Ya.... ggg I.) lest oHt 1 'JwM1/O frM1 IN.' v "^ 3 of A ' N y ' m � II •z > Y MI gg ,w.m e s K ` E a> 6 iaF i4ap xl K. as ; ns3: I e 5 Q go SE E t.fie se 's eo 1 6 a o It 23 'i 30 iiT;iE �14 s $ acl d�¢Q t4• �Lyy ff bK i9�0S (mil •j et8 €e3 a �E 2 aiSZaY • ;a' � . TwM.y wn•we•0 eoi-,+n na. cmt/.irto L•w ar p.•5.1.\vM.b•^\M.i\•aWo\�y € �S�V`Yera�3tN oil 5 a�X Y w N5a ` ��i�§ 1 . 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The applicant proposes to fill 0.26 acres of a iunsdictional wetland. Location The subject property is located at the northwest intersection of West Valley Highway and South 212' Street and is identified by King County Tax Parcel 01 122049098 and a portion of #0222049019 The property is zoned M-1.Industrial Park ' Applicant Jay Grubb.P E. Barghausen Consulting Engineers 18215-72'Ave S Kent,WA 98032 Lead Agency City of Kent ' The lead agency this proposal has determined that it does not have a probable significant adverse impact on the environment Air environmental impact statement(EIS)is not required under RCW 43.21C.030(2)(c) This decision was made after review of a completed envuoamemal checklist and other information on file with the lead agency This Determination of Nonsignificance is specifically conditioned on compliance with the conditions and mitigating measures described below- This information is available to the public on request There is no comment period for this DNS X This h1DNS is issued under 197-11-340(2) The lead agency will not act on Ibis proposal for 18 days from the date of ilus decision, this includes a 14-day comment penod followed by a IA-day appeal period as provided by\VAC 197 11 680 Comments must be submitted by March 12,2002 Responsible Official Kim htarousck Position'Title Senior Planner ' Address 220 S Fourih Avenue Kent firA 032 Telephone 253 856.5454 Dated February 26, 2002 Sign APPEAL PROCESS AN APPEAL OF A DETERM WA N OF NONSIGNMCANCE(DNS)MUST BE htADE TO THE Y EN f HEARING EXAb1TNER r57T1{p i FOURTEEIJ(14)F LOW04G THE END OF THE COhAgNT PERIOD PER Y.ENT ' CITY CODE 1103 520 page t of 2 Determination of Nonsignificance Pacific Galeway Division 11 #ENV-2001-12 #2010794 Page Two COND1T1ONS/IYfITiGATiNG MEASURES , 1 The Owner f Subdivider shall provide the City with a queuing analysis and shall propose as supported by the analysis,restnping and signal timing modifications to mitigate project impacts, if any,on queuing storage at the follovnng intersections , West Valley Highway and South 204th Street West Valley Highway and South 208th Street West Valley Highway and South 212th Street , • South 212th Street and 60th Avenue Southeast South 212th Street and 64th Avenue Southeast • South 212th Street and 66th Avenue Southeast 2. The Owner/Subdivider shall convey an area 100-feet northerly and westerly of the South 2121h Street and West Valley Highway nghts-of-way,respectively,to the City.The purpose of this new easement area will be for conveyance system improvemcats,habitat enhancement and riparian area plantings.This conveyance may ' be either an casement or tract The Owner/Subdivider shall convey the necessary public drainage easement(s) for the Boeing Creek sometimes called the"Boeing Ditch"along the subject development to the City of Kent via documents prepared by the applicant and approved by the City 3 The Owner/Subdivider shall incorporate Regulatory and Source Control Best Management Practices(BMPs), wherever required by the Washington State Depai-tment of Ecology Stonnwater Management Manual for the Puget Sound Basin in the final site design to prevent or minimize water pollution during and afler construction The specific Regulatory and Source Control BMPs required for this development may include but are not limited to the folfa.rmg ♦ BMP RO.05-Spill Control Separator ♦ BMP RO 10-API Separator ♦ BMP RO 15-Coalescing Plate Separator • BMP R.i - Storm%%ater Discharges to Public Sanitary Sewers, Septic Systems, Sumps and Process Treatment ♦ BMP R.2-Uniform Fire Code Requirements , ♦ BMP R 3- Ecology Requirements for Generators of Dangerous Wastes • BMP RA -Minimum Functional Standards for Containers ♦ BMP R 6-USEPA Requirements for Underground Tank Storage • BMP R 7—USEPA/Ecology Emergency Spill Cleanup Requirements ♦ BMP R 8-WSDA Pesticide Regulations • BMP R.9-Air Quality Regulations ♦ BMP R.10-Ecology Waste Reduction Programs ♦ BMP R i 1 -NPDES Stormwaler Permits ♦ BMP R.12 -Washington State Ground Water Quality Standards ♦ BMP S 1.10- Fueling Stations , ♦ BMP S 1 20-Vehicle Equipment Washing and Steam Cleaning • BMP SI 30- Loading and Unloading Liquid Materials • BMP Si-40- Liquid Storage in Above-Ground Tanks • BMP S1.50-Container Storage of Liquids,Food Wastes or Dangerous Wastes 4 The Owner/Subdivider shall execute an agreement with the City,in recordable form,that releases the City of claims or causes of action associated with or attnbuiable to the City's invocation of a moratonum for new or , additional water semce provided that the City,in adopting the moratonum is acting in good faith and has used reasonable diligence to obtain necessary water supplies. Page 2 of 2 ' COMMUNITY DEVELOPMENT Fred N Satterstrom,Community Dev Director PLANNING SERVICES EXHIBIT9 Charlene Anderson AICP Planning Manager Ae!' K E N�S.� Phone 253-856-5454 T Fax 253-856-6454 Address 220 Fourth Avenue 5 Kent WA 98032- SHORT SUBDIVISION APPROVAL DECEMBER 12,2002 ' MEMO TO JAY GRUBS,PE NAME OF SHORT PLAT PACIFIC GATEWAY DIVISION III ' APPLICATION NO #SP-2002-1 (KIVA#2020160) ACTION OF SHORT PLAT COMMITTEE APPROVAL WITH CONDITIONS NUMBER OF LOTS APPROVED FOUR LOTS ACTION DATE- DECEMBER 12,2002 EXPIRATION DATE: DECEMBER 12,2003 PLANNER DAMIEN HOOPER EXHIBITS ATTACHED Exhibit 1, Summary of Proposed Short Plat Findings for Approval of Type I Short Subdivision(2-4 Lots)pursuant to KCC 12 04 180 ' The city has determined that appropriate provisions have been made for the public health safety and general welfare of the community, protection of environmentally sensitive lands and habitat potable water supplies sanitary wastes and other public utilities and services, drainage ways and the connectivity of streets roads,sidewalks and pedestrian pathways within and between subdivisions and neighborhoods ' The city has considered all other relevant facts of this aopllcation and has determined that the physical site characteristics are suitable for platting The city has determined[hat the public use and Interest will be served by the platting of the short subdivision subject to the following conditions of approval ' A PRIOR TO RECORDING THE PACIFIC GATEWAY DIV III SHORT PLAT(SP-2002-11 I The Owner/Subdnider shall pay all Charges in Lieu of Assessments and/or Latecomer Fees, if an), prior to scheduling the Pre-Consimction Conference and/or prior to recording this short plat, whichever comes first 2 The Owner/Subdnlder shall execute Declaration of Stormwater Facdiq Maintenance Covenants for the private portions of the drainage system prepared by the Property Management Section of the Department of Public Works- See Guy of Kent Development Assistance Brochure 45-17 Declaration ofSiormwafer Facility Maintenance Covenants, for information on what is contained within this document ' Page 1 of a 1 Approval Memo Pacific Gateway Div III a ' nSP 2002-1 42020160 - 3 The Owner/Subdivider shall indicate on the face of the short plat that the plaltor shall be ' responsible for maintenance of the private slonm%arer collection,coine)ance treatment and detention system for this short subdnision until the plaltor proirdes salisfactory evidence to the Department of Public Works that a Property Owners' Association has been created to perform said obligations This Association shall be responsible for maintenance of storm drainage facilities located inside this short subdnision wMch ' convey, treat and detain stormu ater originating on parcels outside the boundaries of this short subdivision 4 Given that the lots withm the shoe plat will remain in the ownership of and use by the ' Owner/Subdivider for a period of time, is already developed with structures on each proposed lot and no new de%elopment is planned that would require access to City services or utilities until one or more of the lots is transferred to a third parry,deeds from the Owner/Subdivider to the City for right-of way will be required at the time lots are , transferred to a third party Tire Owner/Subdivider shall depict an area adequate to provide for future potential public right-of-way on the face of the short plat including that area for the cul-de-sac rum around For South 204i°Street at least 49 feet of right-of-way shall be denoted through this subdivision,%%ilh at least one-half that%v idth being provided ' along the southern property line for Lot 2 For the cul-de-sac turn around a 51 5-foot right of way radii shall be use to depict its area Deeding of said rights of way to the City, shall occur pnor to or in conjunction with the transfer of the lots to an entity not owned or controlled by The Boeing Compan%, in the sequence outlined below Furthermore, the ' rights of any easement granted over, upon, or under rights -of-way which are to be conveyed to the City shall be null and%old upon the deeding of said property to the City a) With the transfer of Lot I and/or Lot l the Owner/Subdrvider shall execute and record a Quit Claim Deed to the Citv for the right-of-%vay for South 204th Street including that area for the cul-de-sac from 59(h Avenue South to the easterly limits of the cul-de sac b) With the transfer of Lot 2 the Owner/Subdn ider shall execute and record a Quit , Claim Deed to the C tv for the entire right-of-wai for South 204th Street through this subdivision c) With the transfer of Lot 4 the Owner/Subdivider will not be required to convey , right-of-v%ay for Soulb 204th Street Due to the lack of need for a nonh-south corridor in the%icmmty of this plat the City %%ill not require the resen anon of right-of-w ay adjacent to and east of Lot 2 ' 5 No new dn%ewa) shall be permitted onto 59" Avenue South from any lot of this short subdnision,which does not meet the minimum driveway to driveway separation criteria of the City of Kent Construction Standards The minimum edge to edge dmewa} separation distance for an Industrial Collector Arterial Street is 200 feet 6 No storm drainage from property outside the watershed currently contributing to the existing detentmonhvater quality pond shall be allowed to be conveyed to the existing , private pond 7 Indicate on the short plat map,which buildings or portions thereof are to be retained,and which buildings or pommns thereof are to be demolished ' Page 2 of 8 r ' Approval Memo Pacific Gatm al Dn III kSP-2002-142020160 8 Given that the shoe plat will remain in the ownership of and use by the Subdivider for a period of time, is already deieloped with structures on each proposed lot and no new development is planned until one or more of the lots is transferred to a thud part?,no new parking or landscaping will be required pnor to recording Owner/Subdivider shall provtde parking and landscaping easements for each of the four lots in this short subdivision to allow current code requirements be met when appropriate 9 The owner shall execute and record a 60 foot wide"no-build'easement between existing buildings on Lot 3 and Lot 4 to maintain compliance with Section 505 of the Uniform Buildme Code, 1997 edition,pursuant to Kent Ciry Code 14 01 010 The easement must be on the City's standard form for such easements and must be approv ed by the Ciry's ' building official 10 The Owner/Subdivider shall execute an agreement wrlh the city with terms and conditions approved by the city which obligates the Owner/Subdivider to notify the City ' of die transfer of any lot within this short plat to any person or entity other then the Owner/Subd%ider This condition shall also be noted on the face of this short plat This agreement shall further require the OwnerdSubdivider upon and in conjunction with the transfer of any lot within this short plat to any person or entiry other then the ' Owner/Subdivider to furnish to the City a notarized document signed by the transferee which acknowledges and understands the conditions and requirements of this short plat and agrees to comply with same The exact language and terms of this document must meet with the approval of the City This agreement shall further require Owner/Subdnider to seek vacation of the plat within fifteen (15) tears of recording of the subdivision if none of the lots within the subdivision have been transferred to an entity other than the Owner/Subdivider II The Owner/Subdivider shall bond for the cost for the preparation of the engineering drawings,as required in Section B of these conditions If no transfer of lots has occuried, and the improvements deemed necessary as a result of Section B conditions have nor been constructed within five years of the recording of this short subdivision, then the Owner/Subdnrder shall update engineering drawings for approval by the Public Works Department Further where-portion of the existing private sewer water and drainage facilities are included as part of the approved engineering plans prior to the construction of these facilities andlor acceptance of same by the City the Owner/Subdiv ider shall re- inspect same to insure that they are still in sahsfaclory condition for the City to accept The City shall have sole discretion in determining Uteri acceptability Should they not be acceptable the OwnenSubdivider snail up grade them to be acceptaole by the City and submit engineering plans therefore to the City for review and approv al 12 the Owner/Subdry trier shall grant to the Cmt3 any and all on-sitegolf-site utility easements necessary as determined by the City to service this subdvision Included therein shall be any access easements that the City determines necessary to get to and from these facilities and its public rights of way ' 13 Provide a Fire Prevention approved turn around at the easterly terminus of the new 30- foot private access easement betw een lot 3 and lot 4 1 13 Within Six Months after Recording of this Shen Subdivision I Given that the short plat will remain in the ownership of and use by the Subdivider for a period of time, is already developed with structures on each proposed lot with utilities serving each lot, and no new development is planned that would require access to City ' Page 3 of 8 Approi at Memo Pacific Gateway Di, III NSP-2002 1 92020160 ' services or utilities until one or more of the lots is transferred to a third party, improvements are required in compliance with the sequence outlined The Owner Subdn ider shall submit engineering draw mgs/information to the Department of ' Public Works for review and approval of the follow uig gems a An off-site public gravity sanitary sewer system extending to the short plat to sen•e all lots The Cip sanitary sewer system shall be designed and constructed to serve the entire short subdivision as well as all off-site properties wdhm the same service area it is recognized that the proposed lots are presently being sewer sen iced by ' a priiate system Whether said prnate sewer system meets or can be brought into compliance with City standards will be subject to the Owner/Subdivider satisfactorily demonstrating same to the City s Public Works Department The final decision on said acceptability shall rest solely with the Public Works Department ' b An off-site public water system extending to the short plat and meeting domestic and fire flow requirements for all lots It is recognized that a private water system presently semces the proposed lots Whether said prn ate sy stem meets or can be brought into compliance with City standards shall be subject to the Owner/Subdivider satisfactorily demonstrating same to the City's Public Works and Fire Departments The final decision on said acceptability shall rest solely w ith the Public Works Department under consultation with the Fire Department ' c Detailed Drainage Plans meeting the requirements of the City of Kent Construction Standards and City of Kent Deielopment 4ssismnee Brochure 45- 3 Detailed Drainage Plans It is recognized that a prnate storm drainage collection and detention system presently services this proposed short plat and the lots therein Further it is recognized that storm drainage services to the short plat and the lots therein may continue to be provided by this private system upon the OwneriSubdivider demonstrating same to the City's Public Works Department that said system has adequate flow capacity to serve the lots and is in satisfactory condition to do so The final decision on the adequacy of the existing private storm drainage system will rest solely with the Public Works Department if improvements to the existing private storm drainage system are ' deemed necessarti.then the following conditions ii ould also apply (1) The Owmer'Subdrvider shall enhance the off-sire public or on-site prnate detentiomtretention pond systems in accordance with the Kent Construction Standards as they exist at the time compliance with this ' condition is required to mitigate for potential impacts, if any, to both stormwaier runoff quantity and quality due to any construction required through the construction of S 2041h Si or ans other redeielopment of properties on this short subdivision t For the purposes of computing sioratuater detention requirements, the existing impervious surfaces, including rooftops and pavement,shall be assigned the corresponding runoff tune number for the pre-development ' runoff rate, unless other standards/requirements are adopted by the Kent City Council city wide, or as required by other govenrmemal agencies with jurisdiction Page 4 of 8 Approval Memo Pacific Gatewav Dive III 4SP-2002-I p2020I60 (2) The Owner/Subdivider shall submit Landscape Plans for within and surrounding the retention/detention facility to Planning Services and to the Department of Public Works for concurrent review and approval prior to, or in conjunction with, the approval of the Detailed Drainage Plans These Landscape Plans shall meet the minimum requirements of the City of Kent Construction Standards, and the stormwater management landscaping requirements contained within City of Kent Development Assistance Brochure #S Landscape Plans Landscape Plans are not to be used to show required Street Trees d Street Improvement Plans for South 204" Street These Street Improvement Plans shall meet the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-1 Private and Public Street Improvements,and#6 8,Street Improvement Plans,or the latest versions thereof at the time this condition becomes effective for a street designated as an Industrial Street by the City of Kent Master Plan of Roadways Initial guidance for the necessary street improvements is given below (1) Combined concrete curbs & gutters and 65 foot cement concrete sidewalks on both sides of the street (2) A minimum of 32-feet of asphalt pavement as measured from the face of curb on one side of the street to the face of curb on the other street (3) A minimum curb return radius of 50-feel at the intersection with 59' Avenue South (4) A minimum curb radii of 43-feel for the cul-de-sac constructed between 591h Avenue South and 62nd Avenue South at that location approved by Public Works Construct an interim cul-de-sac initially in accordance to the approval of the Public Works Department If the ownership of Lot 2 has not transferred to an entity other then the Boeing Company within 15 years after recordation of this short plat, the Owner/Subdivider shall construct a cul-de-sac rum around in accordance to city standards in affect at said time Further upon the transfer of ownership of Lot I or Lot 3 to an enure other then the Boeing company the Ownerlsubdrvidei shall subunit engineering plans to the City for review and approval for a fully improved cul-de-sac rum around to city standards along with performance bond for the construction of same The amount of said bond along with the terms and conditions of the instrument shall be subject to review,and approval the Public Works Department (5) Unless additional asphalt concrete pavement width is provided for parking along this industrial street, (his minimum width industrial street shall have appropriate traffic signs installed which clearly designate these industrial streets where no parking, slopping or standing will be permined ' (6) The existing connections to the parking lots consimeted along 59th Avenue South are too close to the intersection of this new public street with 591h Avenue South Prior to obtaining an approved access for this private street,the parking lot driveway connections on both the north and south sides of this new public street shall be eliminated Page 5 of 8 Approval Memo Pacific Gareth at Div III tSP-2002-1 r2020160 (7) A Cay-approved street lighting system (8) Public stomivater comevance, detention and treatment facilities The storm drainage from public right-of-way shall be kept separated from storm drainage from private property unless the private stonnwater detentionlrelention,Tract X,is deeded to the City as a public stormwater facility Public storm drainage shall be conveyed to the public right of way on 59th Avenue South or any other point of discharge deemed acceptable to the Public Works Department (9) Street Trees installed within the 3-foot buffer strips behind the backs of both sidewalks These Street Trees shall be located at least 30-feet from street lights,and the species shall be selected from the Approved Street Tree List contained rvdhin City of Kent Development Assistance Brochure 014,City of Kent Street Trees (10) 4 franchise agreement «ill be required for any private facilities (i e Private storm drainage facilities) that are located within the proposed public rights-of-way a(the time of deeding the right of way to the City e If the 30' private access easement between Lot 3 and Lot 4 is to be developed as a Private Industrial Street this street shall be designed in conformance with the requirements for a Private Residential Street as required by City of Kent Construction Standards.and City of Kent Development Assrstance Brochure 46- 2 Private and Public Street Improvements and Cirl, of Kent Development Assistance Brochure p 6-8 Street Improvement Plans for a private street at least 32-feel wide-unless otherwise approved be the Director of Public Works Initial guidance for these street improvements is given below: (1) Curbs R guners or thickened asphalt pavement sections at each edge of the asphalt pavement for the private street (2) A minimum of 32-feet of asphalt concrete pavement, measured from edge of pavement to edge of pavement,or from face of curb to face of curb (3) A 5-foot wide cement concrete sidevvalk constructed along born sides of the street (4) An approved Imck cul-de-sac, or turnaround at its terminus, unless oihenv,ise determined by the City Fire Marshal (5) A private slomnvaier drainage syslem The storm drainage runoff from prn ate propem shall be conveyed to the existing private detention pond at (he north end of this proposed short subdivision The pnvate slormwater conveyance, treatment and detention facilities shall be modified as necessary to comply with Kent City Codes regarding consirucuon and redevelopment (6) Unless additional asphalt concrete pavement width is provided for parking, this minimum width private industrial street shall have Page 6 of 8 Approi at Memo Pacific Gatewav Div Ill kSP 2002-1 42020160 pavement markings and traffic signs installed which clearly designate these private industrial streets,vv here no parking will be permitted t71 The evistmg connections to the parking lots constructed along 59" Avenue South are too close to the intersection of this private street with 59's Avenue South Prior to obtaining an approved access for this private street the parking lot driveway connections on both the north and south sides of this pm ate street shall be eliminated 2 The Owner/Subdivider shall submit and receive approval for a Detailed Tree Plan, meeting the requirements of the Kent Zoning Code, and Cuj of Kent Development Assistan<e Brochure u3 Derailed Tree Plans,prior to the issuance of any Construction Permits for the short subdivision Grading Plans cannot be approved by the Department of Public Works without an approved Detailed Tree Plan Detailed Tree Plans are not to be confused with required Street Tree Plans,which have an entirely different purpose C PRIOR TO, OR IN CONJUNCTION WITH, THE TRANSFER OF ANY LOT OUTSIDE OF THE ONkNERSHIP OF THE BOEING COMPANY, OR PRIOR TO OR IN CONJUNCTION WITH THE ISSUANCE OF A BUILDING PERMIT FOR WHICH A SEPA THRESHOLD DETERMINATION IS REQUIRED ON ANY LOT TO ANY ENTITY OTHER THAN THE HOEING COhIPAN}, WHICHEVER OCCURS FIRST, WITHIN THE PACIFIC GATEWAY BUSINESS PARK 1311.ISION III SUBDIVISION (SP-2002-1), THE OWNER/SUBDIVIDER SHALL I Record the Plat 2 Obtain Gg approval of engineering drawings itemized under Section B, and provide to the Cm a performance bond in the amount approv ed by the Cav for the installation of the required improvements The terms and conditions of the performance bond shall be wble,t to renew and approval by the City Prior to said construction all existing infrastructure denoted in the approved plans as becoming public facilities shall be re- inspected for ncceptabihn by the Cir% Should any of said existing facilities not be acceptable as determined solciv b) the City the Owner/Subdiv ider shall bring same up to Cue Standards and resubmit plans therefore accordingly All required improvements shall be completed a ithm one}ear of the transfer Submit plans to the Public Works Department for review and approval,showing how all lots w ill be sen ed by public utilities(on sne)and access An) required improvements,as deemed necessan b) the Public Works Department shall be designed and submitted to the Cit) for review and approv al along w nh a performance bond in the amount and terms approved by the Cit) for their installation for prior to the transfer- Required improvements for the Im(s)being transferred shall be completed within one year ofthe transfer All required easements shall be granted in conjunction with the transfer 4 Prov ide ma lboves as approved by the United States Postal Service and Department of Public Works 5 Emsting landscaping on lots i through 4 was installed pursuant to the development ofthe Space Center site Redevelopmein of the lots may necessitate the installation of landscaping to meet current code requirements if it is determined that the existing landscaping is inadequate Page 7 of 8 1 npprova!Memo Pacific Gateway Div III #SP 2002-1 #2020160 6 Existing parking on lots 1 through 4 was provided pursuant to the development of the Space Center site Redev elopment of any of these lots may necessitate additional parking requirements,not necessarily limited to the number of spaces,if it is determined that the existing parking is inadequate 7 Prior to release of any construction bonds, and prior to, or in conjunction with, the approval of any Building Permits within the subject short subdivision,the Department of Public Works must receive and approve As-Built Drawings meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure N&1, As-Budd Drawings,for Streets,Street Lighting System; Water, Sewer, Stormwater Drainage Facilities,and all off-site improvements where the locations and/or elevations are deemed critical by the Department of Public Works 8 Deed rights-of-way as outlined in Condition A 4 9 Provide proper notice to the City in accordance with the agreement executed pursuant to Condition A 10 of this decision RECORDING The above conditions must be met before the short plat can be finalized and recorded The short plat does nor become effective until such time it is recorded with the King Count}Auditor's Office You have twelve months in which to do this If the short plat is not recorded within twelve months of the above date of approval, it shall become null and void At the written request of the applicant, Planning Sen ices may grant one extension of not more than twelve months When the final map is complete and all conditions have been complied with,bring the map to Planning Services and we will send it through King County for recording(the applicant must pay the recording fee to Planning Sen ices) Planning Services must receive the map in its office at least two weeks prior to the expiration date in order to alloy time for proper checking APPEAL Of SHORT SUBDIVISION COMMITTEE DECISION(KCC 12 04 2501 The decision of the short subdivision comminee shall be final,unless an appeal by any aggrieved pain is made to the heating examiner within fourteen(14)days after the short subdivision committees decision The appeal shall be in Hitting and shall be processed pursuant to chapter 2 32 of the Kenn City Code The decision of the hearing examiner shall represent final action of the city and is appealable only to the superior court Such appeal must be filed with the superior court withm thirty(21)calendar days from the date the decision was issued Charlene Anderson,AICP,Planning Manager Dale Chair,Short Subdivision Committee Copies mailed to Dean Falkner,Public Works Frank Grewell,Property Management Jerry McCaughan,Property Management Bob Hutchinson,Budding Services Mike Evans,Fire Prevention John Hodgson,Parks Administration Seattle-King County Health Department __Wy Grubb,Barghausen Consulting Steven Barker,Owner's Representative Pape 8 of 8 I I Summary of Proposed Short Play Pacific Galew-ay Division III, SP-2002-1/KIVA 2020160,Subdivision Committee Meeting The proposed plat is located within the property owned by Boeing known as the Kent Space Center. It is currently developed w ith buildings and related improvements,with various uses,on each of the proposed lots. The plat is being proposed to allow for possible redevelopment and/or sale of the lots,although no BOE/NG specific plan for such redevelopment is well defined al the present time Buildings may be retained,reconstructed,or demolished over time,depending on future uses,but no specific buildings on any of the proposed lots are scheduled for demolition or reconstruction at this time Each of the proposed lots is served by utilities,has access to public streets and transportation systems in the City,and contains parking and landscaping No vegetation exists on any of the lots,w ith the exception of maintained landscaping. Each of the lots is greater than I acre in size,the current City minimum for industnal park property The proposed plat will utilize an existing stormwater pond on an identified"Tract X"to sme stormwater purposes for the lots within the new plat The property contains no critical areas,and the proposed plat has been determined by the City s responsible SEPA official to be categorically exempt from environmental review As the approval of the plat will not create any munediate need for the I connection to City utility services,nor any immediate need for public streets,no such improvements are being proposed in conjunction with plat approval jHowever, in the event Boeing sells any of the lots,certain improvements will be iproposed to assure each lot is served by necessary public services without relying on Boemg's internal network of utility services_ Other code requirements,such as those related to pedestrian connections and the like,are expected to be addressed in future development permits if such permits are submitted to the City for approval in conjunction with any lot redevelopment It is also anticipated, depending on any future redevelopment,that additional stormwater or other utility improvements could be required However,until such improvements are identified as being needed,i e,the upgrading of the existing storm pond,no such improvements are proposed for the short plat - We believe the staff reconunended conditions reflect the relevant facts and support the conditions presented With respect to the record before you,we request you take into consideration all documents submitted by Boeing in the application process and as set forth here today With this record,the staff recommendation adequately recommends the inclusion of conditions designed to address the uniqueness of the proposed plat,i e, for existing developed property held under single ownership by a property owner rather than a property developer i Exhibit File SP�z-'r•ka�zo,eo Date �'— Ii8n021+00041 DOCI *ftaPPG-"0W"e( iJ n,m City of Kent �YQC SVO.Tv.S� ca..w.,tTGS EXHIBIT 10 tnl by e[{' YMN-jW t 111Y^1£3M 3 L� j nRP g i z-M A ~mW _ ^ 3 Eagg� IB 7 a'aa83 ^m": 5:: ^.lic .r .�E., i mK . i �i I �� SEA �� aEaaees=asy=yap�es_a _'^J E—, mA gM 82.a88Pa P8Y�._ 8:9:. 3 �� Nfi o l4 0 EAPL F EB8s R9e_ aELgee a Y Ta y��y�`aS��$�r,�;`fa�fp�_6p $fy'I��FFwly a q I � QG aV w I a• i° F ;l ax s J is fA � b o�Nn � . 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O r s' i 1 k3 J O O O 6 0 3 ¢a O SIN/S�`0100, 4 y d I �y S g fr♦ N,�1`�1 h 3�& O 4 0 € c O O O O O I 1 Approval Pacific Gateway Div IV BSP #BSP-2003-1 KIVA#2033096 IL LOCATION The site is located west of West Valley Highway (SR 181) between South 212'" Street and South 199"' Place, generally the northeast and southwest quadrants of properly bounded by West Valley Highway, South 21211i Street, 591" Place South and South 1991" Place The properties are identified as King County Tax Parcels#022204-9019, 9062, 9063, 9066. 9067, 9068 within a portion of Section 2,Township 22N, Range 4E Willamette Meridian- III. DECISION Upon review of the merits of this request and the criteria for granting Binding Site Plan approval, the Bindings Site Plan Committee APPROVES the proposed Pacific Gateway Div IV Binding Site Plan (#BSP-2003-1, KIVA #2033096) as depicted on the site plan map with the following conditions: A- GENERAL CONDITIONS OF APPROVAL I The Owner/Developer shall implement all mitigation measures as required by the Mitigated Determination of Non-Significance for SEPA Checklist #ENV-2003-23 for Pacific Gateway Business Park Division IV in the manner required by the Development Agreement 2 The following conditions of This Binding Site Plan (BSP) apply upon lot development, redevelopment, or lot transfer as further specified in Attachment A (matrix), specific BSP conditions, and the Development Agreement 3 The OwnedDeveloper shall execute a Develoornent Agreement, pursuant to RCW 36 70B 170, with the City of Kent as required by KCC 12 04 825 C B PRIOR TO, OR 114 CONJUNCTION WITH, RECORDING THE PACIFIC GATEWAY DIVISION IV BINDING SITE PLAN (BSP-2003- 1) 1. The Owner/Developer shall execute and record the Development Agreement as referenced in A 3. The Development Agreement shall be referenced on the face of the BSP_ 2. The Owner/Developer shall pay all Charges in Lieu of Assessments and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference and/or prior to recording this Page 2 of 8 Approval Pacific GBleway Div IV BSP #BSP-2003-1 KIVA#2033096 BSP, whichever comes first or as otherwise stipulated in the Development Agreement. J The Owner/Developer shall execute Declaration of Stormwater Facility Maintenance Covenants for the private portions.of the drainage system prepared by the Property Management Section of the Department of Public Works. See City of Kent Development Assistance Brochure #5-17, Declaration of Stormwater Facility Maintenance Covenants, for information on what is contained within this document 4 The OwnerlDeveloper shall indicate on the face of The BSP that said owneildeveloper shall be responsible for maintenance and operation of the private slormwaler collection and conveyance systems,as well as the treatment and detention systems for this binding site plan until deeded or dedicated to the City. In lieu of the Owner/Developer obligation herein, the Owner/Developer may provide satisfaclory evidence to the Department of Public Works that a Properly Owner's Association has been created to perform said obligations The terms and conditions contained within the Properly Owner's Association document shall be subject to review and approval by the Department of Public Works. 5 The OwnerlDeveloper shall depict on the face of the BSP an area adequate to provide for future potential public rfghl-of-way for South 204th Street and South 2081h Street as IndustriallCommercial Streets that will provide future public access from West Valley Highway (681h Avenue South) to 591"Place South. Consistent with the approved Traffic Study and approved amendments thereto, said future rights-of-way shall be conveyed to The City as specified in Attachment A and as specified in the Development Agreement Prior to any such dedication or deeding to the City, the said rights-of-way shall be established through easements for private access and private utilities to serve the abutting Us. Redevelopment or development of those lots fronting and abutting the easement shall observe that same building and yard setback distances from the edge of the said easement as a public right of way. Further, prior to the dedication or deeding of the nghls-of-way to the City, all private easements noted herein shall be extinguished and the rights-of-way shall be provided to the City free of any encumbrances Page 3 of 8 Approval r Pacific Gateway Div IV BSP tlBSP•2003-1 KIVA#2033096 6 The Owner/Developer shall depict on the face of the BSP an area adequate to provide for future potential private andlor public right of way for 661h Avenue S. to serve the abutting parcels of the BSP Said future right of way shall be conveyed to the City as specified in Attachment A and as specified in the Development Agreement. Prior to any such dedication, said right-of-way for 661h Avenue South shall be established through easements for access and utility setback restrictions Redevelopment or development of those lots fronting and abutting the easement shall observe that same building and yard setback distances from the edge of the said easement as a public right of way The reservation and setback restriction may be released by join] agreement of owners of the affected lots and upon City of Kent approval of other access and utility provisions- 7 Direct vehicular access shall not be permitted to West Valley Highway or South 212th Street from abutting lots- 8 Indicate on the BSP map, which buildings or portions thereof, at the time of final BSP recordation, are to be retained, and which buildings or portions thereof are to be demolished 9 Owner/Developer shall identify the areas on the face of the BSP for each lot to provide for parking and landscaping easements, if needed to allow current code requirements to be met when a lot transfer occurs to The Owner/Developer shall execute and record a 60-fool-wide "no-build" easement, or otherwise meet the UBC requirements, oeiween exisung buildings on lots as needed to maintain compliance with Section 505 of the Uniform Building Code, 1997 edition, pursuant to Kent City Code 14 01010, or successor buildings codes The easement must be in the City's standard form for such easements and must be approved by the building official. In addition, the Owner/Developer shall either , (a) obtain and record such easement on the land immediately north of the twenty-five (25) fool by twenty-fit (25) fool canopy on the north side of Building 18-43 or (b) demolish and remove all parts of said canopy within sixty (60) feet of the northerly property line or (c) otherwise bring Building 18-43 into compliance with the 1997 Uniform Building Code or successor building codes. Page 4 of 8 ' i Approval Pacific Gateway Div IV BSP #BSP-2003-1 KIVA 42033096 it. The Owner/Developer shall execute an agreement with the City with terms and conditions that obligate the Owner/Developer to notify the City of the transfer of any lot within this BSP to any person or entity other than the Owner/Developer in conformance with the Development Agreement. This condition shall also be noted on the face of this BSP. 12. The OwnerlDeveloper shall grant any and all on-site/oft-site private and/or public utility and access easements necessary as determined by the City to serve this BSP. Included therein shall be any access easements that the City determines necessary to get to and from these facilities from public rights-of-way. 13 The Owner/Developer shall submit `Engineering Plans" for review and approval addressing stormwaler management for this BSP The Engineering Plans must meet the minimum requirements of the City of Kent Construction Standards and 2002 City of Kent Surface Water Design Manual (KSWDM). See Chapter 2 of KSWDM for detailed submittal requirements. Further, the required "Engineering Plans shall be sufficiently detailed, as determined by Public Works, to conclude that the stormwater collection and conveyance syslem(s), the water quality facilities and the storage detention facilities will function appropriately and that adequate property is set aside for these systems to The Owner/Developer shall, on the face of the BSP, depict an area in the form of a tract(s) intended to accommodate slormwater quantity control (detention) and quality control (,water quality lreatmenl) for future lot deve!opmenl or redevelopment for the entire BSP. The location and size of the said tracl(s) shall be determined with the City's approval of the Engineering Plans submitted by the Owner/Developer pursuant to Condition B 13 The Iract(s) and any tract improvements shall be conveyed to the City, at the sole discretion of the Public Works Director, for public purposes in association with future lot transfers to any party outside of the ownership of the OwnerlDeveloper as set forth in the Development Agreement. if said tracts remain private, a property ownership association shall be formed to maintain and operate the slormwater facilities. A maintenance and operation agreement shall be required for any private facilities and shall be approved by the Public Works Department. The tract improvements as described in the Development Agreement shall be completed within one year of any lot transfer or as required in conjunction Page 5 of 8 Approval , Pacific Gateway Div IV BSP $IBSP-2003-1 KIVA 42033096 with a development permit as deemed appropriate by Public Works,whichever comes first. C PRIOR TO, OR IN CONJUNCTION WITH, THE TRANSFER OF ANY i LOT OUTSIDE OF THE OWNERSHIP OF THE BOEING COMPANY, OR PRIOR TO OR IN CONJUNCTION WITH THE ISSUANCE OF A PROJECT RELATED BUILDING PERMIT.TO ANY ENTITY OTHER THAN THE BOEING COMPANY OR AS OTHERWISE STIPULATED IN THE DEVELOPMENT AGREEMENT WITHIN THE PACIFIC GATEWAY DIVISION IV(BSP-2003-1). I The OwnerlDeveloper shall record the BSP and satisfy all prerequisite conditions thereto within the time frame specified In the Development Agreement, the BSP conditions and/or Attachment A_ 2 The Owner/Developer shall submit detailed construction plans to the Public Works Department for review and approval, showing how affected lots will be served by public utilities and access. This shall include the disconnection of the existing water services (domestic and fire) and the existing sanitary sewer from the Owner/Developees private infrastructure and feconnection to public utilities This may also include the extension of public infrastructure improvements to the said lot(s) to be transferred in accordance with Attachment A, the Development Agreement and/or as deemed necessary by the Public Works Department at the time of transfer. Any required improvements shall be designed and submitted to the City for review and approval in conformance with the Development Agreement and applicable regulations, along with a performance bond, in the amount and terms approved by the City, for their installation. Required improvements for the lot(s) being transferred shall be completed within one year of the transfer or as required in conjunction with a development permit, as deemed necessary by Public Works, whichever comes first All required easements and/or deeds shall be granted in conjunction with the transfer,and as required by Condition B.12. 3 Existing landscaping on the lots of this BSP was installed pursuant to the development of the Space Center site. Redevelopment of the lots may necessitate the installation of landscaping to meet current code requirements, if it is determined that the existing landscaping is inadequate. Page 6 of 8 Approval Pacific Gateway Div IV BSP #iBSP-2003-1 KIVA#2033096 4 Existing parking on the lots of this BSP was provided pursuant to the development of the Space Center site. Redevelopment of any of these lots may necessitate additional parking 1 requirements,not necessarily limited to the number of spaces, if it is deiemnined that the existing parking is inadequate. 1 5. Prior to release of any construction bonds, and prior to, or in conjunction with,the approval of any Building Permits within the subject BSP, the Department of Public Works must receive and approve As-Built Drawings meeting the,requirements of the City of Kent Construction standards, and City of Kent Development Assistance Brochure #E-1, As-Built Drawings, for Streets; Street Lighting System, Water; Sewer; Slormwater Drainage Facilities; and all off-site improvements where the locations and/or elevations are deemed critical by the Department of Public Works. I6. Deed rights-of-way as outlined in Condition B 5 and as stipulated in Attachment A and/or the Development Agreement. At the time the said rights-of-way are deeded to the City, the Owner/Developer shall either demonstrate to the satisfaction of the Public Works Department that the existing roadway improvements meet the City standards for Induslrial/Commercral Streets as set forth in Condition 6-5, or improve South 2041h Street and South 2081h Street correcting any deficiencies to meet the lnduslrial/Commercial Street standards 7 Deed rights-of-way as outlined in Condition 13.6 and as stipulated in Attachment A and/or the Development Agreement 8 As a condition of building permit issuance, developments constructed on lots of this BSP must provide roof downspout infiltration trench (perforated stub-oul) systems per details shown on the approved stormwaler plans 9 As stipulated in Attachment A. S 199"' PlaceP::est Valley Highway: The owner/developer shall construct an additional 400 tool east bound leftAurn lane, exclusive of taper, and modifications 10 the signal phasing as determined appropriate by the Public Works Director 10 As stipulated in Attachment A, S 2081'/West Valley Highway The ownerldeveloper shall construct a minimum 200 toot southbound right-lurn lane, exclusive of taper, and modification Page 7 of 8 .pWF amm mom�a Z;vi> OO`gc° a�FmcFm �na°c` €E�a :x . c m moum� yEmw� cm^c n �°m4U o ¢.Q.¢ cF� xa� m G $ a•i�a caya "'a J'a m ] c m c E m ° o m m c E o o m c Ia � ax o n,° �nm�U �an-V 400�-a m n - m m ay Ol w y'ww gmemomss =Sm ypqu• S e 3 c d °� nL o � m �anU Wq, ^mmmE_ o ° ( LL a@8n`m ¢3wgym a I c� n CO0 OC w $ ` ] y G q 3 MQL n�0C Ui to c4a�U ¢� o omcon�E� f ao c� aos_g�cE �a Ilir ae�'n- EmFcT' m � �'OGG Z 2m:ammn� 0 {1 -Fa m�$a n° 6 c o �+ 1 WLU o`c o2.s l'Y ..t mw Ex3 GE§ t oM a'O c- ..`c-- . cmm 3•n g� gmm $aa ' F� �m 'aF^ � a � f z aus m x M y t C � w�t lu I� °[JN m I wv01 € �•S£ GCm fA CO m U cc ck IJU¢ z apw V� N N < O I m Q J I i I ' n i waana� a38a it i _yaum g `mnm`U a = �a�ti =al aLL ; sa � 3q� b I 1 I € .a �� . 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This decision was made aftw review of a completed erh»ronmenial ' checklist and other hnformabon in file with the lead agency This miprmalhcm is available to the f public on request There is no comment period for this DNS X This MONS As issued under 197-11-340(2) The lead agency will not act on this proposal lot 28 dayS rGMe date of this decision.this me ludes a 14 4ay comment period followed by a 14-day appeal period as provided by yvAC 197 11 680 Comments must be submitted by December 16,2003 Responsible Official Kin Marousek,A)CP PosnionfThtfe Punchpal PfannerlSEPA OFFICIAL _ Address 220 S-FourthAvenue Kent WA 98032 Telephone 253 e56 5454 Dated December 2.2003 Sgna ate APPEAL PROCESS AN APPEAL OF A OETERLMHAT O tSIGNIFICANCE jONSI btUSl OE MADE TO THE KENT HEARING EXAMINER WITHIN FOURTEEN 114)FOLLOWING THE ENO OF THE COMMENT PERIOD PER KEIJI CITY CODE if 03 520 CONOITIONSIMITIGATt4G MEASURES. 1 The Owner l Subdivider has provided the Gq wan a Tralfhc Impact Study(TISI to aenbty the exAshng and future Ievel-W-service(LOS)Iw the adjacent intersections WeMhtred Annie Staff Repon for this development and the exisbrg and future V I C ratios lot the adjacent City slreels m the roadway network That TIS identified what improvements are necessary t0 provide a LOS better Ihan'F' The TIS also identified what improvements are necessary to milgate for the adjacent sueels which do viol meet the V l C tequuements of Chapter 12 11 of the Kent City Code Upon agteemeril by the City with the basic findings of that TIS and of the"i9atton measures recommended in the conditionally approved TIS,mplementabon andlor construction of the following mitigation measures shaft be the conditional requuement of the issuance of the respective development permits. Paw 1 of 3 - 1 - - i 1 Mitigated Determination of Ronsk"T"fice 1 f Pack Gateway Dw IV BSP I/EW-2003-23 f KNA IRPSA-203210tl i As specified in the Developmenl Agreement for this proposal.the Owner/Developer shall pay to the City of Kent their pro-raled share of the Recommended System Improvements identified in the October 15.2003 Addendum to the PGBP-IV Traffic"act Study Mligafan Recommendation,Kent,Washington,TENW Project No.2299,as modified slightly by the City of Kent.Those mprovemenls are as follows: a South 21r Street/W Avenue South: The northbound left-turn lane at this intersecton is expected to exceed storage(200 feel)both with and withow the pro/ecA(475 feel with protect) This project is expected to generate increase the existing queue at this location by 125 feeL Therefore,the Owner/Developer shall either extend the existing left turn lane by 125-feel,or conlrobufe a pro-4ata share of 45 AS%of the total cost of construction to provide a total extension of the len-brrn lane(s)of 4754eet. b South 19e Street I West Valley Hwftwav This project will conlribule to the need far the construction of an eastbound rghl-turn lane.The Owner Developer shall either >� construct,or contribute a pro-rala share(7.3%)toward the cost of this--vriprovement. c Meeker Street/ West- Valley Niohway: The northbound "-tun lane at this intersection is expected to exceed the available storage both with and withwl the project.The removal of an existing traffic island will accommodale the 525 feet of queue storage needed by 2010.The Owner Developer shall pay a pro-rala share of 1 87%of the total construction cost toward this improvement d South 212'Street/42n'Avenue Souei. The improvement at this intersection includes providing additional westbound lefl4urn capacity,as approved by the CitY of Kent Public Works Department The Owner i Developer's pro-rala share toward this improvement is 0.34%of the total construction and virplementation cost e South 208'Street I East-Vahev Hrohway: The reconvnended'xnprovefnent at this location is to muddy the east I west phasing to provide additional left turn capacity 1 as approved by the City of Kent Pubhc Works Department-The Owner I Developer s pro-rala share toward this improvement is 5 16%of the total cost of conslruclron and vrpiementation. f South 196"Streel/East Valley Highway- The recommended improvements at this location include a modification of the traffic signal to facilitate an eastbound rrght- lurn'ovedap'phase and modification of the east I west phasing to include pemrvtled left-turn phasng as approved by the Public Works Depanment The Owner/ Developers pro-rata share is 6.87%of the total cost of ofWlemenlation. g WdEs Street/West Valley HohwaY The recommended vriprovemerds at IhM location include exlendng the existing right turn lane to the southbound SR-167 off ramp,and moddyng the traffic signal to add nlersectron capacity as approved by Lw PuNic +tioAcs Depanment The Owner I Developers pro-rala share for this impfavemeM is 1.26% 2 In conjunction with a 101 transfer,development,or redevelopment of an affected lot.the Owner I Developer shall nslall a wildlife passable fence at the edge of the welland I creek buffer Addohonaey,mlormabonal signs,approved by the Department of Pubic Works,shall be placed at the weeand I creek Dune(edge to inform and educate owners and nearby residents about these natural areas Signs shall be installed at a rate of one(1)sign per parcel adjacent to the uihcal area.For large parcels,including public facdAws and rights of way,signage shall be installed al a fate of one(1)sign per 1511-feet 3 Proof to or in conjunction mth the recordation of the final binding site plan,the Owner I Developer shall grant a Sensitive Area Traci or Easement to the Cdyto permanently protect the critical areas This Sensitive Area Traci or Easement shah be consistent with the creek and creek buffer map contained within the approved topographic and boundary survey provided for this proposed project and shall extend 50 feet landward horn the ordinary high water line on MEN Creek The Owner I Developer shall provide a legal description al said easement or tract prepared by a licensed land surveyor, prior to issuance of any Construction Permits,The Sensitive Area Traci of Easement shall be deeded of 9mrited to the city for drainage utility purposes tot which said purposes shall lake priority over all otter rights and restrictions(present or future)encumbering the described property In addition the following language for the Sensitive Area Tract a Easement shall be included on the face of the tecaded binding site plan:Paige 2 of 3 MB-igaded De Wmnalion of Naaigndearrce Padk Gateway Div IV BSP PENV-2003-23/HNA ORPSA-2032100 SENSITIVE AREA TRACTS I EASEMENTS DEDICATION OF A SENSITIVE AREA TRACT I EASEMENT CONVEYS TOTHE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT- THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETA71ON FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH,SAFETY AND WELFARE,INCLUDING CONTROL OF SURFACE WATER AND EROSION,MAINTENANCE OF SLOPE STABILITY.VISUAL AND AURAL BUFFERING.AND PROTECTION OF WATER QUALITY,PLANT ECOLOGY AND WILDLIFE HABITAT.THE SENSITIVE AREA TRACT/EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT I EASEMENT THE OBLIGATION.ENFORCEABLE ON BEHALF OF THE 1 PUBLIC BY THE CITY OF KENT,TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT THE VEGETATION WITHIN THE TRACT MAY NOT BE CUR. PRUNED. COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY OF KENT- THE COMMON BOUNDARY BETWEEN THE TRACT I EASEMENT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING. BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY.THE REQUIRED I MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTMTIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED 140 BUILDING FOUNDATIONS,STRUCTURES,FILL OR OBSTRUCTIONS(INCLUDING. BUT NOT LIMITED TO DECKS,PATIOS. OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT / EASEMENT BOUNDARY,UNLESS OTHERWISE APPROVED BY THE CITY THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA TRACT.AND TO ENTER AND PERFORM DRAINAGE SYSTEM MAINTENANCE.BUT IS REQUIRED TO RESTORE OR ENHANCE t THE SENSITIVE AREAS DISTURBED UPON THE COMPLETION OF THE UNDERGROUND CONSTRUCTION,AND/OR DRAINAGE SYSTEM MAINTENANCE lmlSiPermnlPlan%Envl2W3V032100 2003 23nidm dw Pmje 3 o1 3 EXHIBIT 14 Transportation Engineering NorthWest l !t rransponanon EnpmenngrOperawni . Impact Swdwi. Depgn Senicei . Ganipwraow Plamuig/Forecaamg October 15, 2003 Frank Spanjer I City of Kent Public Works 220 Fourth Avenue S Kent,Washington 98032-5895 Subject. Addendum to PGBP-IV Traffic Impact Study Mitigation Recommendation Kent,Washington TENW Project No.2299 Dear Mr Spanler, Per your request, [his letter provides an Addendum to (he Pacific Gateway Business Park (PGBP) — IV traffic impact study dated August 6, 2003 This Addendum is necessary to document our recommendations for mitigation associated with the redevelopment potential of the PGBP-IV site I Per your comments, since our submittal on August 6, 2003, an additional 1 2 million square feet of industrial park development proposed on the PGBP-I site has been approved by the City Please note, our August 6, 2003 study adequately addresses the cumulative impacts of the redevelopment of the PGBP-IV site, including the additional 1 2 million square feet on the PGBP-1 site However with the approval of the 1 2 million square feel on the PGBP-f site, these trips should be included in the 2010 baseline traffic volumes instead of merely being treated as a cumulative impact As we discussed, the result of this change is that the 2010 baseline volumes have increased and thus, the remaining cumulative impacts of the PGBP-IV redevelopment on the transportation system has decreased as compared to the results as presented in our August 6, 2003 report Taking into consideration this change in impact, the following summarizes the updated recommendations for the project and system improvements associated with the PGBP-IV redevelopment pio)ecl Recommended Project Improvements Project improvements were defined as improvements providing direct access to or from the PGBP-IV redevelopment site that are needed due to a direct impact from future potential redevelopment, as defined in the PGBP-IV traffic impact study The listed improvements are recommended to be completed with the development of certain lots to be identified in the Development Agreement page t or 6 16625 Redmond Way,Swie M,PM8 323 . Redmond,WA 98052 Orfice(42S) 48S 4663 . Fax(425)398 S779 t t Transportation Engineering Northwest Page 2 S 199"Place/INest Valley Highway(Intersection#2) The recommended Improvement at this location is the construction of an additional 400 foot eastbound left-turn lane In addition, modifications to the signal phasing are recommended to include east/wesl split phasing S 20e Street/West Valley Highway(Intersection#4) The recommended Improvement at this location is the construction of a 100 foot southbound fight-turn lane and modification of the eastbound approach to add an eastbound right-turn lane and convert the eastbound through lane to a shared left-thru lane Also remove the crosswalk on the north leg,and modify the signal phasing to include east/west split phasing S 212i"Street/59'"Place S(Intersection#N The recommended Improvement at this location is the construction of an additional 400 foot southbound left-turn lane In addition, modifications to the signal phasing are recommended to Include north/south split phasing Recommended System Improvements The following Improvements are considered system-related Improvements that are needed with or without the potential redevelopment of the PGBP-IV site, but the potential redevelopment will contribute to the need for these Improvements This conclusion is based on the fact that the increase in volumes at these locations is primarily due to the increase in background traffic If the City or others plan to build the improvements listed, if would be appropriate for the project to pay its pro-rata share of the cost of the improvement The attached table provides the updated pro-rala share percentages based on the additional 1 2 million square feet being approved on the PGBP-1 site The casts of the system improvements will be identified in the Development Agreement S 212'"Street/641"Avenue S (#7) The northbound left-turn lane at this intersection is expected to exceed the available storage (200 feet) both with and without the project (475 feet with project) The project is expected to increase the queue at this location by 125 feet Therefore, it is recommended that the project either extend the left-turn lane by 125 feet or contribute its pro-rats share (45 45% = 1251275') toward the construction of the ultimate improvement at this location S 196'h StreeVWest Valley Highway(#9) The recommended improvement a( this location is the construction of an eastbound rrgh(-turn , lane If the City or others plan to build this improvement, it would be appropriate for the project to pay its pro-rata share (7 30%)of the cost of the improvement 16625 Redmond Way,Suite M,PMB 323 • Redmond,WA 98052 , Office 1425)485-4663.Fo(425)398 5779 Transportation Engineering Northwest Page 3 ;4J P % ' «119999 Meeker Sfreet/West Valley Highway(#151 ' This northbound left-turn lane at this intersection is expected to exceed the available storage both with and without the project The City should consider removing the traffic island for the northbound left-turn to accommodate 525 feel of queue storage If the City or others plan to 1 complete this improvement, it would be appropriate for the project to pay its pro-rala share (1 87%)of the cost of The improvement S 212"Street/42ntl Avenue S(#16) The recommended improvement at this location includes extending the westbound left-turn lane to provide 550 feet of queue storage If the City or others plan to build this improvement, it would be appropriate for the project to pay its pro-rata share (0 34%) of the cost of the I improvement S 2081"StreeVEast Valfey Highway(Intersection#21) The recommended improvements at this location are to modify the east/west phasing to include permitted left-turn phasing and to extend the soulhbound left-turn lane to provide 475 feel of queue storage If the City or others plan to build this improvement, it would be appropriate for the project to pay its pro-rata share(5 18%)of the cost of the improvement S 196`"Street/East Valley Highway(Intersection#29) The recommended improvements at this location include modification of the traffic signal to ' facilitate an eastbound right-turn "overlap" phase and modification of the easVwest phasing to include permitted left-turn phasing It the City or others plan to build these improvements, it would be appropriate for the project to pay its pro-rata share (6 87%) of the cost of the improvements 1 Willis StreeVWest Valley Highway(intersection#30) The recommended improvements at this location include modifying the traffic signal and providing channelization improvements to facilitate a westbound right-turn "overlap" phase If the City or others plan to build these improvements, it would be appropriate for the project to pay its pro-rata share(1 26%)of the cost of the improvements We would be happy to discuss the information presented in this letter with you further it you have any questions Sincerely, ITransportation Engineering North West,LLC Jeff Haynie P E Principal lbeim ni,TEFnv PINe 'B�GBP N 92297AE nd, PGBP N AU"*n Mnlg.aon R,ewau mdo 16625 Redmond Way,Suite M,PMB 323 . Redmond,WA 98052 Office(4251 485 4663 a lax(425) 398 S779 t . t Transportation Engineering Northwest Page 4 Table 1 , PM Peak Hour Traffic Volumes' 2010 Percent 2010 2010 With Intersection 2003 Baseline? Increase Baseline PGBP4V 2f #9 S 1961h SVWest 3,954 6,195 56 7% 6.195 6,683 V309 Valley Highway #15 Meeker St/West 3,804 4,712 23 9% 4.712 -- 4,802 U&N Valley Highway _ #16 S2121°SU47a 2,864 4,076- - 423% 4,076 - - 4.090 - 34 °rn Avenue S #21 08'SUEast_ 2,631 3,334 26 7% 3,334 3,516 S21$ VaileyHighwaty _ tt29 S 196"'SUEast 2,289 3.024 32 1% 3,024 3,247 6t( 930 Willis St/West 4,528 5,465 20 7% 5.465 5,535 AWN Valley Highway #7 S 212th SU64 Project pro-rata share based on percent impact of PGBP-IV 4545"G Ave S on the northbound left-turn queue(125'7275') Noses 'Total traffic volumes entenng the intersection '2010 baseline includes project in s from additional 1 2 million square feet of industrial park on PGBP-1 t t t t t 16625 Redmond Way,Sune M,PMB 323 . Redmond,WA 99052 Office(425) 485-4663 . Fax(425) 398-5779 t ! 1<Y�iY�i.t• Z;,F,--S'F'�-'_."'_-�..._��y_''x`J - -�'�:*�^'j:'-x � �<' - L ',- .. - -`7. - _ " : -:4� .`'!� 3..�`7u•.j'-i1':. 't^ 'ate: . 1 s .: _ - i.e'.k -_ x _ _ a -- ' ..� _`�:� Via.'_ _ _ 'Yi;-_< i•�<r' ��TN�IY�'��'i� ,ir _ r paus oe ,s 'ark=CIF- 1. YF' :4� '•`':> „� SI y a�'I .[ f� ��.FSLL,a ` � �{_�8.ttt' ^•. emu. r^� i ! �ry'' + � _' I _ - r � � •- � KFnL,� 0' - i - "y fcn[ ` 1 I��<e•`� a t.'."Y..t.4io4`1<iK`M������",: �=' �7�<'..d`s;s r5i�t,,�„ :;^ -<4t.`. -e ,�'•e` M .:ti'a''. ..$?�.Y: ^ , 3 - `�i'r�. _i _ �,i 1 ,..f= • r`' � -'y iy.: .I�r.�rl y �= _/~" ar. e 4 SY _ , -n :'� V't i_ . r y• I:4i •Y _ . I _ fi rfCV�li. ..� f•. • .S.tQ b>a,la _ s* e. t1/aslifn i�2 K e at ia, - toTragsportatlon Engineering NorthWest, LLC" Sian MuuoU FitginFeri�zglOpena«ts Mpa"`Sm IIgs i Denpl Service TnnSporlation Plannllfg/rwctasnn6 - ,1�6�i�e`dm. ZtC Way;Sul[e M,P14H 323 r ReOnionA;WIC 9H052 i Office(425)4H5-4M3 a Fax(42S)398,iiZ5- - 41 1- _ _i �2.-..Y'i'L,1,�•Vti x f�•�r t� i� S � 'lr^" ``f-_ � (� ` _ _ - _ _ .4�•Sanl�(..* •ij f ti F. t -- i Padk Gateway Business Park-IV Traffic Impact Study Table of Contents FINDINGS AND CONCLUSIONS..............................................................................................V INTRODUCTION......................................................_.........._......... ..............................................1 Study Area........ .... .. ..... 3 Analysis Approach..-- .. ......... . . . ... ...... .. ...... . 3 Primary Data and Information Sources... ... ....... ..6 ' EXISTINGCONDITIONS..._...........................................................................................................7 Roadway Network ... .................... ... ... .. 7 Peak-Hour Traffic Volumes........... 7 Transit Service.... .... .. - - .....-8 Existing Level of Service(LOS).... 11 FUTURE ROADWAY CONDITIONS............................................................................ 16 Planned Transportation Improvements. ........... ......... . 16 r DETERMINATION OF FUTURE CONDITIONS.............................................................................19 Trip Generation . . ....... .......... - 19 Transportation Demand Management .. - 20 Trip Distribution and Assignment .. 21 Future Traffic Volumes 24 Future Levels of Service .... 30 j Concurrency 33 Percent of Project Traps at Study Intersections. .. 33 , Queuing Analysis,. --- • .- _. .. . . . 35 Signal Warrant Analysis_ .. ....... . . 36 Improvements for Consideration . ... 36 Feasible Intersection Improvements.... . . . 43 Recommended Improvements. 46 , i. .: August 6,2003 Tramporta w Engiaeerkw NorthWest i ' ti ' Pacific Gateway Business Park-IV Traffic Impact Sndy ADDITIONAL ANALYSIS..............._..._........................................................................................49 ANALYSIS WITH PGBP-IV AND AN ADDITIONAL 1.2 MILLION SF ON PGBP-1.......................49 Future Levels of Service .. . ............... .52 Concurrency . 55 Queuing Analysis ..... .. ............. . ... .. 56 Improvements for Consideration........ . .. 56 ANALYSIS WITH RESTRICTED ACCESS.............................._................................................60 Future Levels of Service and Queuing. . ..- .. 60 Appendices Appendix A—PM Peak Hour Level of Service Worksheets Appendix B—PGBP-IV Sub-Areas and Proposed Access Routes ' Appendix C—Trip Generation Worksheets Appendix D—Traffic Volume Summary Appendix E—Concurrency Worksheets Appendix F—PM Peak Hour Queue Summary and Queue Calculation Worksheets Appendix G—Signal Warrant Worksheets ' Appendix H-Level of Service and Queue Calculations with Improvements for Consideration L ij Transpatanon Engineering N«tnWe:t August 6,2003 �r 1 Pad&Gateway Buskins Park-IV Traffic Impact Study Figures Figure 1 Site Vicinity. .......... 2 Figure 2 Study Area Intersections... .5 Figure 3 Existing 2003 P M Peak Hour Traffic Volumes .. .9 Figure 4 Channelizalion at Study Intersections..... 12 Figure 5 Assignment of Net New P M.Peak Hour Trips .. .. 22 Figure 6 2010 Baseline P.M.Peak Hour Traffic Volumes.. ... - .- .26 Figure 7 2010 P.M Peak Hour Traffic Volumes With PGBP-IV.. . .. . .. . . 28 Figure 8 2010 P.M Peak Hour Traffic Volumes With PGBP-IV and an Additional 1 2M sf on PGBP-I 50 Figure 9 Assignment of Net New P M Peak Hour Trips with Access Restrictions . 61 Figure 10 2010 P M. Peak Hour Traffic Volumes with PGBP-IV and Additional 1.2M sf on PGBP-I with Restricted Access . .. . .... ..... ....... ...... 62 1 19 i 1 Transportation Enguseelitg Northwest August b,2003 I � l: ' Pacific Gateway Business Park-IV Traffic Impact Smdy Tables Table 1 Level of Service Criteria for Signalized and Unsignalized Intersections... . .. .... .. 11 I Table 2 Year 2003 Signalized Intersection Level of Service Summary-P-M Peak Hour 15 Table 3 Trip Generation Summary. 20 Table 4 Year 2010 Signalized Intersection Level of Service Summary-P.M Peak Hour ._. _ 31 Table 5 Year 2010 Unsignalized Level of Service Summary-P M Peak Hour ... . . 32 Table 6 Concurrency Assessment With PGBP-IV. .. 33 Table 7 Year 2010 Traffic Volumes-P M.Peak Hour .. ......... .. ... .. .. ....... .... .34 Table 8 Signalized Intersections Expected to Operate at Level of Service E or F With PGBP-IV .. ..37 Table 9 Locations with Queues Exceeding Available Storage With PGBP-IV. .. . . 39 Table 10 Feasible Intersection Improvements ... . . 43 Table 11 Year 2010 Signalized Level of Service Summary With PGBP-IV and an Additional 12M sf on PGBP-I-P M Peak Hour.... . . . .. ... . . .53 I - Table 12 Year 2010 Unsignalized Level of Service Summary with PGBP-IV and an Additional 1.2M sf on PGBP-I-P M.Peak Hour ... . .. ........ 54 i Table 13 Concurrency Assessment With PGBP-IV and an Additional 12M sf on PGBP-I 55 Table 14 Additional Intersections Expected to Operate at Level of Service E or F With PGBP-IV and an additional 1 2M sf on PGBP-I _ 57 Table 15 Additional Storage Required at Locations with Queues Exceeding Available Storage With PGBP- IV and an additional 1 2M sf on PGBP-I 58 Table 16 Year 2010 Signalized Level of Service Summary with PGBP-IV+Additional 1 2M sf Industrial Park+Restricted Access-P M.Peak Hour . 60 1 1 r. Transportation E.eimerimz No,-6West IV Aupw 6,2003 1 � J - Paafic Cateway Busmess Park-IV Tnfic Impact Swdy FINDINGS AND CONCLUSIONS t The proposed Pacific Gateway Business Property Division IV (PGBP-IV)project includes the development of approximately 2.5 million square feet of office space on land within the existing Boeing Space Center Campus. Approximately 1.9 million square feet of existing uses(office,manufacturing,and storage)would be redeveloped. Therefore the net increase in building area as a result of PGBP-IV is approximately 600,000 square feet. As part of the PGBP-N redevelopment, S 204`s Street and S 208d' Street are proposed to be extended to S 591°Place This would provide an east west fink through the PGBP-IV site between West Valley Highway and S 59th Place- Per the request of the City of Kent, a future analysis was also completed with PGBP- IV and an additional 12 million square feet of industrial park use on PGBP-I. , Trip Generation. The full redevelopment of the PGBP-1V site is estimated to generate a total of 11,172 net new weekday daily vehicle trips, of which 1,476 trips are estimated to occur during the a.m peak hour (1,356 entering, 120 exiting) and 1,297 trips are estimated to occur during the p.m. peak hour (125 entering, 1,172 exiting). A trip generation credit was taken for the existing uses to be redeveloped. The analysis included in this report does not take into account potential trip reductions from a successful TMP program. Therefore,the analysis included in this report could be considered somewhat conservative. Intersection Operational Analysis. A pm peak hour level of service (LOS) analysis was conducted for the horizon year 2010 at 30 signalized study intersections, one roundabout, and two unsignalized study intersections Twelve of the 30 signalized study intersections are expected to operate at LOS E or LOS F in 2010 without the PGBP-]V redevelopment. A total of 13 signalized study intersections are expected to operate at LOS E or F in 20I0 with the PGBP-IV redevelopment. A detailed discussion of the future year 2010 LOS results at the ' signalized intersections is included on page 30 and in table 4 on page 31 A detailed discussion of the year 2010 LOS results at the roundabout at 42°d Ave S/S 216a'Street and the unsignalized intersections on 59"'Place S is included on page 32 , Concurrency. Transportation Concurrency was measured in five of the City's Mobility Management Zones (MMZs) Each of the five MMZs analyzed are expected to operate better than the City's acceptable arterial threshold upon full redevelopment in the year 2010. Therefore, the Division W development was determined to meet the City's concurrency standards. In addition, it should be noted that Boeing has contributed several million dollars towards multiple corridor projects to help work towards the goal of improved mobility throughout the City. Tnnsponaium Eaeineering 1J°.rnWeu V August 6,2003 �f ' t Pacific Gateway Business Park-IV Traffic Impact Study ' Percent of Project Trips at Study Intersections. At the study intersections adjacent to the PGBP-IV site,the trips generated by the PGBP-IV redevelopment ' are estimated to account for between approximately five and twenty percent of the total entering traffic during the p-m-peak hour in 2010 However,project trips are expected to decrease to between one and ten percent of the total entering traffic in 2010 at the study intersections outside a one block radius of the PGBP-IV site. Queuing Analysis. Vehicle queuing during the p.m. peak hour was analyzed for 2010 conditions with and without the full redevelopment of PGBP-IV at the 30 signalized study intersections. There are 41 movements (at 20 of the 30 signalized study intersections) that are anticipated to exceed the available queue storage in 2010 without the PGBP-IV development and 42 movements(at 22 of the 30 signalized study intersections) that are anticipated to exceed the available ' queue storage in 2010 with full redevelopment of PGBP-IV. A detailed discussion of the year 2010 queuing analysis is included on pages 35 and 36. Improvements for Consideration. Per the City of Kent, signalized intersections expected to operate at LOS E or F and left-or right-turn lanes with queues estimated to exceed the existmg storage in 2010 with full redevelopment of PGBP-IV were identified Tables 8 and 9 on pages 37 through 42 provide a ' - complete summary of the improvements that were considered to improve operations at the study intersections meeting these criteria. Feasible Intersection Improvements. The criteria used to determine the feasibility of an improvement was primarily based on whether or not right of way would be required from others for the improvement. Table 10 on page 43 summarizes the intersection improvements that were determined to be feasible at intersections expected to operate at LOS E or F or with queues expected to exceed the existing storage in 2010 with full redevelopment of PGBP-IV. Recommended Improvements. Recommendations for project and system ' improvements with the full redevelopment of PGBP-IV were developed based on the list of feasible intersection improvements- Project improvements were defined as Improvements providing direct access to or from the PGBP-fV site and are 1 recommended upon full redevelopment of PGBP-fV at the following intersections • 62ndAve S/S 196`h Street(Intersection #I) Extend the dual northbound left-turn lanes to accommodate the anticipated 525 foot queue(per lane) • West Valley Il y/S 19916 Place(Intersection #2) Construct an additional eastbound left-turn lane In addition, modify the signal phasing to include east/west split phasing Tranw"tatioo Engineering NerthWest vi August 6,2003 Pacific Gateway Budn Park-IV Traffic Impact Study • West Palley Hwy/S 2084 Street(Intersection 94) t It is recommended that one of the following potential improvements be implemented at this location_ ' a) Construct a southbound right-turn lane, modify the eastbound approach to add an eastbound right-turn lane,and convert the eastbound through lane to a shared left-thru lane. Also remove the crosswalk on the north leg, and modify the signal phasing to include east/west split phasing. OR b) Provide an internal connection between S 204d' Street and S 208'" Street on the PGBP-fV site. This would allow exiting vehicles destined , northbound to exit at either S 204d'Street or S 208d'Street • S 204's Sd59'P1 S and S 209''r'SUSY'PI S(Intersections#32& #33) It is recommended that these intersections be monitored as re development of the PGBP-fV site continues to determine if/when a signal may be appropriate in the future. System improvements were defined as improvements not specifically related to the full redevelopment of PGBP-W where the increase in traffic volumes at the intersection is primarily due to the increase in background traffic. A contribution from PGBP-IV is recommended at the following intersections if improvements are built by the City or others. , • 64`r Ave SIS 212'r'Street(Intersection #7) Either extend the northbound left-turn lane by 125 feet or contribute a pro-rata share (45 percent = 125'/275') toward the construction of the ultimate improvement(475'left-tum pocket)at this location. • !Pest Valley Hr4y1S 196'h Street(Intersection #9) ' Construct an eastbound right-turn lane. If the City or others plan to build this improvement, it would be appropriate for the project to pay its pro-rata share(7.6%)of the cost of the improvement. • West Valley Highway/Meeker Street(Intersection#15) The project is not expected to increase the queue for the northbound left-turn, which is expected to exceed the available storage in 20M Therefore, no specific improvement is recommended by the project at this location. However, the City should consider removing the traffic island for the northbound left-turn to accommodate 525 feet of queue istorage. Transportation Engineering NorthWest vii August b,2003 l l ' Pacific Gateway Business Park-IV Traffic Impact Study • East Valley HwylS 2084 Street(Intersection#21) Modify the east/west phasing to include permitted left-turn phasing and extend the southbound left-turn lane to provide 475 feet of queue storage. If the City or others plan to build this improvement, it would be appropriate for the project to pay its pro-rata share(53%)of the cost ' of the improvements. • East Valley Hrty/S 190 Street(Intersection#29) Modify the traffic signal to facilitate an eastbound right-turn 'overlap" phase and modify the east/west phasing to include permitted left-turn phasing. If the City or others plan to build these improvements, it would be appropriate for the project to pay its pro-rata share(7.0o/u)of the cost of the improvements. ' West Valley HwylWillis Street(Intersection 930) Modify the traffic signal and provide channelization improvements to facilitate a westbound right-turn `overlap"phase. If the City or others ' plan to build these improvements, it would be appropriate for the project to pay its pro-rata share(5.7%)of the cost of the improvements. Additional Analysis- Per the request of the City of Kent, two additional development scenarios were analyzed. • 2010 with PGBP-IV and an additional 1.2 million sf industrial park use on PGBP-1 • 2010 with PGBP-N and an additional 1.2 million sf industrial park use on PGBP-I and restricted access (access to and from the PGBP-IV development would be limited to the intersections of West Valley Highway/S 204''Street(113)and 641h Avenue S/S 212'h Street(47)). With PGBP-IV and an Additional I.2M sf Industrial Park on PGBP-L There are two additional signalized study intersections that are anticipated to operate at LOS E or F with PGBP-IV and an additional 1.2 million sf on PGBP-I when compared to 2010 with PGBP-IV only LOS improvements for consideration were identified at these additional two intersections to improve operations with PGBP-IV and an additional 1.2 million sf on PGBP-1 The LOS improvements are summarized in table 14 on page 57. There are 17 movements (which were anticipated to exceed the available queue storage with PGBP-N only) for which the 95'h percentile queues are expected to increase as a result of the full redevelopment of PGBP-IV and an additional 1 2 million sf on PGBP-L These movements are expected to exceed the available storage with or without the additional 12 million sf on PGBP-I Improvements i for consideration were identified to improve these locations with PGBP-IV and an additional 12 million sf on PGBP-I. These unprovements for consideration are ' summarized in table 15 on pages 58 through 59. Tian Pwudm Engineemg NorthWest viii August 6,2003 1, Pacific Gateway BLMIM Park-IV Traffic Impact Study nth PGBP-IV and an Additional I.2M sJ Industrial Park on PGBP-I with Access Restrictions. For the scenario in which access to and from the PGBP-IV site would be restricted to the signalized intersections of West Valley HighwaylS 204d' Street (43) and 64"i Avenue S/S 212d' Street (0), five of the nine study intersections analyzed would be expected to operate at LOS E or F As a result of the redistribution of PGBP-IV trips with the access restrictions, there are a number of queue lengths that are anticipated to increase as a result of the access restrictions. The 956' percentile queues for left- and right-turn movements exiting the PGBP-IV site are expected to range from 700 to 2000 feet. The 95's percentile queues for the northbound left-turn at S 196' Street/West Valley Highway and the eastbound left-turn at S 212d' Street/West Valley Highway are expected to extend to the adjacent signalized intersections, thus block access for left-tum movements at the adjacent intersections. Therefore, to improve the operations with the restricted access scenario, additional access points with gates would need to be provided to better distribute entering and exiting vehicles to the PGBP-IV site. A detailed discussion of the LOS and queue results with restricted access is included on page 63- r l Transportation Engineering NonhW/ t Ix August 6,2003 i } Paci&Gateway Bmmeu PAW Traffic Impact Study INTRODUCTION This traffic impact study has been prepared for the Pacific Gateway Business Park ` Division IV(PGBP-IV)development located in Kent,Washington The PGBP-lV redevelopment includes the development of approximately 2.5 million square feet (sf) of office space on land within the existing Boeing Space Center Campus. Approximately 1_9 million square feet of existing uses(office,manufacturing,and ' storage)would be redeveloped with the development of PGBP-IV. Therefore the net increase in building area as a result of PGBP-IV is approximately 600,000 square feet. This document discloses the estimated traffic conditions both with and without the development of PGBP-rV. The future baseline condition analyzed in this study includes the traffic generated by the proposed PGBP-I (2.4 million square feet of industrial park use), PGBP-11 (1.0 million square feet of industrial park use),and PGBP-III(subdivision of one existing tax parcel into four separate lots- no new trips). Per the request of the City of Kent, a future analysis was also ' completed with PGBP-IV and an additional 1 2 million square feet of industrial park use on PGBP-1 The PGBP-IV site is located west of West Valley Highway between S 212" Street ' and S 19e Street in the City of Kent (see figure 1). As part of the PGBP-IV redevelopment,S 204d' Street and S 2080' Street are proposed to be extended to S 59d' Place This would provide an east west link through the PGBP-IV site between West Valley Highway and S 59d' Place. Access to the PGBP-IV site is proposed to be provided via the following existing signalized intersections- * 62nd Avenue S/S 196h Street(Study Intersection#1) ' • West Valley Highway/S 1990 Place(#2) • West Valley Highway/S 2041h Street(#3) • West Valley Highway/S 2080 Street(#4) • 64th Avenue S/S 2121h Street(#7) • 59' Place S/S 212th Street(98) Per the request of the City of Kent, an additional analysis was completed for a scenario in which access to the PGBP-lV site would be limited to only the ' intersections of West Valley Highway/S 204th Street (Intersection #3) and 64d' Avenue S/S 212d'Street(Intersection#7). Transportation Engineering NortiiWest 1 August 6,T003 ll - i i _F f f Renton u mf z Isom x S 1B0[h St(SW 43rd Sty r� 5 Tukwila� 181 �3 7oea S IBoth 51 U Blvti H ' Seatac 5 190th N Street C Kent m 167 € s weth v = IL, F a S 200th St 'O< S 199m PI s S 200m S! > f PGBP-IV r '^ *A F. Oink 3 a Site c S 20 h Sc < S 208[h St i P S 212th St c5 212th St t % " S<2161h S j m 52fbth t r 5119th i i 5220thik a _ 5 Kent 2 i � t 2zem st \ 181 11( 167 e . Nr Gwen°is W lames 51 2 E I•mrs St ¢' n c < W 5mnh 5+ E• o L � "' W Meekx $ G 1 Kent Des Moines U S 516 {M✓ Not m Sok 6 Transportation Pacific Gateway i Engineering Figure 1 Business Park-IV NorthWest Site Vicinity Kent,Washington i • PN u96 2M Pacific Gateway Business Park-1V Traffic Impact Study Study Area ' Based on discussions with the City of Kent, signalized intersections with 50 or more net new p.m. peak hour trips from the PGBP-N development were identified as study intersections. Therefore, 30 signalized intersections were identified as study intersections. In addition, the City of Kent requested that one ' existing roundabout (at 42nd Avenue S/S 2160' Street) and the two future on-site intersections on 59"'Place S at S 204d'Street and S 20e Street be included in the analysis. As a result, a total of 33 intersections were identified as study ' intersections The 33 study intersections are shown in figure 2. Analysis Approach ' To analyze future traffic conditions both with and without the PGBP-IV development,the following tasks were undertaken: ' • Assessed existing 2003 conditions in the site vicinity through field ' reconnaissance • Documented future planned roadway improvements in the study area ' • Developed weekday a-m.and Pm peak hour,and daily trip generation j estimates based on guidelines outlined in the Institute of Transportation Engineers(ITE),Trip Generation Manual,a Edition, 1997. i ' • Discussed potential Transportation Demand Management strategies. • Assigned p m-peak hour trips generated by the PGBP-IV development onto the transportation network • Analyzed existing 2003 and future year 2010 level of service(LOS)during the weekday p m-peak hour at the study intersections • Assessed transportation concturency ' • Assessed the percent of p in peak hour project trips in the 2010 total entering traffic volumes at the off-site study intersections. • Analyzed the future 2010 vehicle queues at the study intersections f • Conducted a signal warrant analysis at the future intersections of 59'h Place S/S 204d'Street and 591'Place S/S 208d'Street • Identified improvements for consideration at study intersections with the development of PGBP-IV. • Identified feasible intersection improvements at intersections anticipated to operate at LOS E or F in 2010 with the PGBP-IV redevelopment. • Recommended feasible project and system improvements with the redevelopment of PGBP-IV- ' 3 August 6,2003 Tnnspwtaaon Engineering NurthWest ti ' Pacific Gateway Rusmen Park-IV Traffic Impact Study • Assessed cumulative LOS and queuing impacts with the addition of L2 million sf of development on the PGBP-I site. • Identified improvements for consideration at study intersections with the ' development of PGBP-IV and an additional 1.2 million sf of industrial park on the PGBP-I site. • Assessed LOS and queuing at the rime study intersections adjacent to the site with PGBP-IV and an additional 1 2 million sf on PGBP-I and access for PGBP-IV restricted to West Valley Highway/S 204n'Street and 640,Avenue S/S 212a'Street- ' • Identified improvements for consideration at study intersections with the development of PGBP-IV and an additional 1.2 million sf on the PGBP-I site and restricted access. ' 1 Tr4 August 6,2003 ' ansportation Engisceerksz NorchWest i 1 i i 1 Renton 4 S _ S IEG'n SE S 180th St(SW 43rd 5, is TOO jyk EW L i S 188[h SI •"` _ x e01„ Seatac I , Kent 167 r' 1 L 5 100th S[ 'O< S 199[h PI i 200th St tel: " a 20 [h St a' ` d ^ 20 T�S � S 208dt 5[ t S 21 2th St i L 2[h$. t r 5 216th f St « 5 216th St , a' 1211 It 5 I y 4 [5 i0Ih$I E � } S 224th Si 5 Kent 1 r Y S 2280,S. i 224 5 t 181 167 a [ i i r, �"'^R,�• W Jame,$1 v L]a e,_ a' < W South S, WM.ele,5( ( — LEGEND ® =StuC 1nt®aechw[N.mbe. _•Des ` 516 3 • NWlu 4 Y Kar Dee Moms RC S 9 i k Na m kale E Pacific Gateway Transportation Figure 2 Business Park-IV Engineering i Study Area 1 NorthWest Kent,Washington i[ Intersections A gu96,2003 �i Pacific Gateway Business Parts-ry Taffic knpact Study Primary Data and Information Sources i • Institute of Transportation Engineers(ITE), Trip Generation Manual,6t6 ' Edition, 1997 • Institute of Transportation Engineers(ITE),Trip Generation Handbook, 1u Edition,October 1998 • Highway Capacity Manual,Special Report 209,Transportation Research Board,Updated 2000 • Puget Sound Trends, Puget Sound Regional Council,August 2002 i • Metro Bus Timetables via Metro/King County Website as of July 2003 • City of Kent PM Peak Hour SYNC14RO network,July 2003. ' • Pacific Gateway Business Park(Kent)—Revised Site Circulation and Access Analysis,Transportation Planning&Engineering,November 17, 1999 • Pacific Gateway Business Park—Protect 2 traffic study prepared by Transportation Engineering Northwest dated June 1,2001 • Segale Pac fc Gateway Business Park-]Traffic Impact Study for Additional i t 1.2 Million Square Feet prepared by Transportation Engineering Northwest t dated July 28,2003 9 City of Kent Six-Year Transportation Improvement Program 2003-2008,City of Kent • City of Tukwila Six-Year Transportation Improvement Program 2003-2008, ' City of Tukwila • City of Kent Commute Trip Reduction Information, City of Kent Website,July 2003 • City of Kent Traffic Count History,2001 • Year 2002 and year 2003 p m.peak hour traffic volume data,Traflicount and City of Kent. • City of Kent Functional Classifications of Public Roads,Adopted July,2000 • US Department of Transportation/Federal Highway Administration,Manual of ' Uniform Traffic Control Devices(MUTCD) i Transportation Engineering ' Nonp�INert 6 August d,2003 t 62nd Ave Sr.196th St W Valley Hwy/S 199th PI W Valley Hwy/S 204th St W Valley HwylS 20M St �6 m t'- 33 °�^ H � 128 man- ~73 F—612 F—0 E—0 f—0 25 AC_17 �33 83/7/ ' 354-31 22-0 I 144 t4111—' 4`0 m N N b 0 •p CI Y 38� v 5� m 97 � 20� "' mN i W Valley Hwy/S 2121h St 66th Ave S/S 212di St 641h Ave SIS 212th St 596 Pt S!S 2121A St n ` ro 153 3 n w 18 .1ei o n t• �1 t. 1� i '`' �115 m i 794 i '�' i 13,211 /// 667— 1 ,052 766102 7—� ,,i36—� 311 n o ® m o .•, '� n udi � 1'Y � 386 22 ro o n W Valley Hwy/S 1961h St Onlha US 200th SI M W Valley Hwyrrodd Blvd W Valley Hwy/S 1901h St o t m n � 51 4w � 826 m e n a a _8 217 r—277 ! � !�16-/ i 1 0 t 113- '1 10--� 1 97 t 258 1 1--� 1 147 m,oiii N m o 206 o m a p -� o u u�i N 41 N m 4 W Valley Hwy/S 22801 St W Valley Hwy/James St W Valley Hwy/Meeker St 42nd Ave S!S 212th St f 64 0 n R 180 1 m � 67 N f—156 m E—322 0 437 0 1 049 1011 139 193(/ c 283 228 30 1 338—0 480---0 1 1 050 321 82 � HH n 61 210 n Transportation Figure 3 Pacific Gateway Engineering 2003 PM Peak Hour Business Park-IV l Northwest Traffic Volumes Kent.Washyton at Study Intersections 1-16 A"g 6 MM f - ti _ 72M Ave M 212th St 761h Ave S7S 212Ih St 71111 AveS1S 2t2th St • E Valley Hwy1S 2121h St o n ' 50T 72 105 0 754 E-737 869 E-485 21 �- 124 �/ 128 9� R /7/ J/ 43.� 224-1� 1184--0 + t • 1 303--1r r 1,377- 0 1,219--�- t m n 7� O 00 192 � m m n 2I9^� N � v EM E VaBey Hwy1S 2081h St M 1-5 NB RampslS 188M St 1-5 SB Ramps1S 188th St ' SR 167 NBIS 212th St m 123 m a 5 0 0 891 .J of 961 1. 512 � 1 n n(05 lk963 37 1939 --��J 1 193 260-� 899--30 `8 3-0 1,258-0 • 1,426'-�' 29 -•� e pm 644 301 o n r SR 167 SBlS 2121h St 58th PI SIS 1961h St 72nd Ave S1S 196th Sl 80ih Ave SIS 196th St ry o m m 31 ,p o N r 35 f 499 838 63 1--335 125 4 F-443 14 7/ 9 81 1.195-�- 388-� ( 471 -� 641--3 604 13 E VaBey Hvry/S 196th St • Washington Ave/Wi is St 42nd Ave S!S 2161h St 59M Pt S/S 2041h St o ^ w � 4 no m � 4% 4 N m m t---1,015 .•k.1 4 i i a 140 �98 616 114 _�4k w s 5901 PIS IS 2081h St �\(0�G 6AO Fv Figure 3 Pacific Gateway Transportation Engineering 2003 PM Peak Hour Business Park-IV QF Northwest Traffic Volumes Kent, Washington at Study Intersections 17-33 Au9u96,1W3 J Pacific Gateway 9minm Park-IV Traffic Impact study Existing Level of Service (LOS) A 2003 weekday p.m-peak hour level of service(LOS)analysis was conducted at the 30 signalized study intersections and the existing roundabout. The existing channelization at the study intersections is illustrated in figure 4. Existing signal timing used in the analysis, including phase sequences, minimum pedestrian clearance times,yellow change intervals, and red clearance tunes was based on information included in the City of Kents Synchro network as of July 2003. Level of service serves as an indicator of the quality of traffic flow and degree of congestion at an intersection or roadway segment. It is a measure of vehicle operating speed, travel time, travel delays,and driving comfort. Level of service is generally described by a letter scale from A to F. LOS A represents free-flow ' conditions, i e. motorists experience little or no delays, and LOS F represents forced-flow conditions- Table 1 summarizes the delay range for each level of service at signalized and unsignalized intersections. The methods used to calculate the levels of service are described in the Highway Capacity Manual(Special Report 209, Transportation Research Board,2000)- The LOS reported for signalized intersections is based on the overall average control delay (see/veh) at the intersection The LOS at stop- controlled intersections is based on the average control delay (seclveh) and is reported for each movement. Table 1 Level of Service Criteria for Signalized and Unsignalized Intersections Signalized Unsienalized Intersection Intersection Movements Level of Service Delay Range sec Dd2y Range see A <10 < 10 B >10to<1'0 >10to<15 C >20 to<35 >15 to_Q5 D >35 to<55 >25 to<35 E >55 to<80 >35 to<50 F >80 >50 Sours "Highw yCapacdy Manual",Special Report 209,Transportation Research Board,2000 Update The results reported by Synchro 5.0 software used in our analysis for the signalized study intersections incorporate the effects of a coordinated system of intersections as opposed to analyzing each intersection in isolation " Tra mwaadon Eneineennr NwuiWat t) August 6,2003 r1 ti i 62nd Ave SIS 196th St W Valley Hwy/S 1991h PI W Valley Hwy/S 204th St W Valley Hwy/S 2081h St W Valley Hwy/S 2121h St 66#i Ave SIS 212lh St 64th Ave SIS 212M St 591h PI S/S 2121h St 1 � t t t • W Valley HwylS 196th St Onlha RdIS 200t1 St W Valley HwylTodd Blvd W Valley Hwy/S 190th St Ar— � tt� -� � t� � Ott � �`� tt � W Valley Hwy/S 2281h St W Valley Hwy/James St W Valley Hwy/Meeker St 42nd Ave SIS 2121h St 'I'l— 'k— !t ���� LEGEND =High Occupancy Vehicle(HOV)Lane / -->=Existing Channetization Ltl,--->=Future Channel¢ation Transportation Figure 4 Pacific Gateway Engineering Channelization at Study Business Park-IV Northwest Intersections 1-16 Kent,Washington t 72nd Ave M 212th St 76th Ave M 2121h St 771h Ave SIS 212th St E VbakeyH 1S 2121h St tom—♦ � �♦ �♦ A4 Ix F E Valley Hwy/S 208th St 15 NB Ranps/S 1881h St 1-5 SB RanpslS 188th SI SR 167 NBIS 212th St E— 0 r... tf -�, , :.� SR 167 SKIS 212th St 5m Pt S/S 19M St 72nd Ave SIS 196th St 8ft Ave S/S 1961h St ` A � AJ It t�y , ' E Valley Hwy/S 196th St Washington Avel Willis St 42nd Ave S/S 216th St KOH59th PI S 1S 204th St �ttr 591h Pt SIS 208th SI Y , LEGEND A7 =High Occupancy Vetvcie(HOV)Lane --� =Ewstng Channel¢ahon ---> =Future Channelrzation Figure 4 Pacific Gateway Transportation Business Park-IV Engineering Channelization at Study Northwest Intersections 17-33 Kent,Washington 6 zm Y I Pacific Gateway Business Park-IV Traffic Impact Study i The p.m. peak hour LOS analysis results for the signalized study intersections under 2003 conditions are summarized in table 2. As shown in table 2,25 of the 30 signalized study intersections currently operate at LOS D or better during the 1 weekday p.m.peak hour. The remaining 5 study intersections currently operate at j LOS E or LOS F- Detailed level of service summary worksheets are provided in Appendix A. i It should be noted that the LOS analysis at the study intersections along S 212d' Street between 72nd Avenue S and East Valley Highway(417,#18,#l9,#20)does ( not include additional capacity provided by the existing eastbound and westbound I HOV lanes. The LOS analysis also does not include additional capacity provided by the existing eastbound HOV right-turn lane at S 212' St/SR-167 SIB ramps t (#25) or the southbound HOV lane at Meeker St/West Valley Highway (#15) i Therefore the reported results at these locations could be considered conservative [ The study intersection of 42 d Avenue S/S 216' Street(#31)is controlled with a roundabout. The analysis of the roundabout was based on methodology outlined in the 2000 Highway Capacity Manual (HCM) for roundabouts. The HCM methodology provides guidelines for determining v/c ratio for roundabouts but does not provide guidelines for determining LOS. Therefore, the operations of 421d Avenue S/S 216d' Street were assessed in terms v/c ratios. A►1 approaches are operating with v/c ratios less than 0.60. Detailed worksheets showing volumes and capacity calculations are included in Appendix A. E The unsignalized study intersections 59d' Place S/S 204" Street(#32)and 59 and 59d Place S/S 204's Street(03) are future proposed intersections. Therefore,no i existing LOS was reported. i Intentionally left blank i i r Eregineernr Na.wweu 14 August 6,2003 I ' Pacific Gateway Buvrtess Park-IV Traffic Impact Study Table 2 Year 2003 Signalized Intersection Level of Service Summary—P.M.Peak Hour Year 2003 Conditions #! Signalized Intersections WSJ Delay (sec) VIC3 I 62ad Avenue S/S 1966 Street B 15.8 0-32 2 West Valley Highway/S 1996 Place A 4.4 0.48 3 West Valley Highway/S 204"Street' A 97 OA2 4 West Valley Highway/S 208"Street A 95 053 l 5 West Valley Highway/S 212"Street' D 366 0.89 6 66"Avenue S/S 2126 Street A 44 0.29 7 646'Avenue S/S 2126 Street" D 38.8 0.62 8 596 Place S/S 212"Street A 9.8 OA7 9 West Valley Highway/S 196"Street' D 360 086 10 Orillia Road/S 200d'Street' C 222 0.69 I I West Valley Highway/Todd Blvd B 11.9 063 12 West Valley Htgbway/S 190'"Street A 70 049 13 West Valley Highway/S 228d'Street' C 21 1 070 _ 14 West Valley Highway/lames Street' C 291 0.83 T 15 West Valley Highway/Meeker Street" E 61.0 1.00 16 420d Avenue S/S 212"Street° B 147 0.60 17 72"d Avenue S/S 2126 Street" C 213 063 18 766 Avenue S/S 212di Street' B 19.5 078 19 77"Avenue S/S 212"Street A 73 057 20 East Valley Highway/S 212dh Street" E 642 n/a" 21 East Valley Highway/S 208"Street° D 375 0.91 22 1-5 NB Ramps/S 1886 Street' E 574 n/ad 23 I-5 SB Ramps/S 18e Street' E 58.7 n/ab 24 SR 167 NB Ramps/S 2126 Street E 760 n/ab 25 SR 167 SB Ramps/S 2126 Street' D 485 095 26 580,Place S/S 196"Street B 117 0.47 27 72"Avenue S/S 196'"Street A 78 0-47 28 800 Avenue S/S 196"Street A 92 037 29 Fast Valley Highway/S 196dh Street C 290 0.74 30 Washington Ave/W Valley/Willis SI" D 461 097 LOS calculanoihs are based on methodology outlined in the Highway Capacity Manual,2000 'For signalized intersections,delay refers to average control delay for the entire intersection,measured in seconds per vehicle 3V/C=VoluidelCapaehly ratio 'Intersection includes left-turn movements that may exceed available storage at times Therefore the reported LOS may not reflect actual cmichui u 'Intersection of Orrllia Rd/S 2001°St was analyzed as a T-intersection based on the west leg of the intersection being a private dwy for only 3 homes t"/a=not available The V/C ratio w cakulazed to be grwta than 1 0 Per the HCK when counts of actual departure volumes we used in in existmg conddiom)the actual V/C rabo cannot be giwter than 1 o If a VIC ratio greater than 10 is calculated,it aidhcates that the intersection opaazcs rrumc cflicitntly than calculated 'Analysis does not include additional capacity provided by HOV lanes therefore,reported results could be considered conservative Transportation Engvieermg NorthWest 15 August 6,2003 / t{ Pacific Gateway&uirim Park-IV Traffic Impact Study FUTURE ROADWAY CONDITIONS Planned Transportation improvements , The purpose of this section is to document the known planned transportation improvements in the study area. There are six known planned transportation improvement projects identified in the study area. Five of the planned improvements were identified in the City of Kent's six-year 2003-2008 Transportation Improvement Program (TIP),and none were identified in the City of Tukwila's six-year 2003-2008 TIP. Additionally, intersection improvements were identified at S 212d' Street/SR-167 Northbound Ramps as a result of a proposed development on the north leg of the intersection_ Please note, the increased capacity created by the TIP improvements was not considered or used in our analysis. However,the increased capacity as a result of the improvements at S 212i' Street/SR-167 Northbound Ramps was included in the future year 2010 level of service analysis City of Kent 2003-2008 TIP • TIP#11 South 22e Street Corridor—Phase I Descnption: 1 Construct a new five-lane roadway from SR-526 along Military Rd to approximately Bolger Road,then from Military Road to 50 Avenue S, including a new bridge over the Green River. The project will include the construction of full-width paving,a bridge,concrete curbs,gutters, sidewalks and/or paved shoulders,street lighting,storm drainage, landscaping,utilities and appurtenances. The project may include the installation of traffic signals at Military Road and Lakeside Boulevard This extension is intended to provide additional east-west capacity over the Green River. Construction is expected to begin in 2003. The funding sources for this project are the City of Kent,Local Improvement District (LID),Transportation Improvement Board(TIB),Freight Mobility Strategic Investment Board(FMSIB)[state],Surface Transportation Program(STP)[federal]. At this time,the project is not funded • TIP#12 72"d Avenue South Extension Description Construct a new four-lane roadway between South 196`^Street and South 200d'Street The project will include the crossing of Mill Creek and construction of full-width paving,concrete curbs,gutter,sidewalks,street lighting,storm drainage,landscaping,utilities and appurtenances The 72nd Avenue S extension is intended to provide some relief to intersections along West Valley Highway at S 180 Street,S 196d Street,and S 212'h Traruponauon Engineering No thWea 16 August 6,2003 J , i Pacific Gateway BrWness Parmv Traffic Impact Study Street. Construction is expected to begin in 2003. The funding source for this project is the City of Kent. At this time,the project is not funded_ Note: As a conservative measure the future year 2010 analysis included in this report does not include the redistribution of background traffic due the proposed 72nd Avenue S extension • TIP#13 South 228"Street Extension Railroad Grade Separation Project Description: Construct grade separations of both the Burlington Northern Santa Fe Railroad's and Union Pacific Railroad's mainline tracks at South 228tb Street. The project will allow a seamless connection between major freight handlers and their destinations and will support freight moving through Kent to Sea-Tac Airport,various ports,and the freeway system The project will include the construction of bridge structures and/or underpasses,full-width paving,concrete curbs,gutters,sidewalks,street lighting,utilities,and appurtenances. This project is intended to improve - level of service on other key east-west arterials,such as Meeker Street, which will result in unproved freight mobility.Construction is expected to begin in 2003. The funding sources for this project are the City of Kent, Freight Action Strategy for Everett-Seattle-Tacoma Corridor(FAST), Freight Mobility Strategic Investment Board(FMSIB)[state],Burlington Northern/Santa Fe Railroad,and Union Pacific/Southern Pacific Railroad At this time,the project is not funded. • TIP#19 South 212i6 Street Pavement Rehabilitation Project Description: Remove and rehabilitate the existing roadway pavement to add additional ' service life to the asphalt roadway between the Green River bridge and West Valley Highway(SR 181) This project will include the removal and replacement of the upper two inches of the existing asphalt pavement in the curb lanes in both directions;and a full-width asphalt pavement overlay of the entire roadway. This project will also include the selective replacement of catch basin inlets and driveway approach aprons,and sections of concrete curbs and gutters Construction is expected to begin in 2004. The funding sources for this project are the Surface Transportation Program(STP)[federal)and the City of Kent The project is currently funded Transportation Engineering Nord.West 17 August 6,2003 1 si I f ' t - Pacific Gateway Business Park-IV Traffic impact Study • TIP#20 South 212'Street Grade Separation Project Description: Construct grade separations of both the Burlington Northern Santa Fe Railroad's and Union Pacific Railroad's mainline tracks at South 212"' Street. The project will support the increased number of trains resulting from the re-opening of the BNSF Railroad's Stampede Pass line and increased activity through the Ports of Seattle and Tacoma,as well as the commuter rail operations of the RTA. The project will ultimately include the construction of bridge structures,full-width paving,concrete curbs, gutter,sidewalks,street lighting,utilities and appurtenances. Construction is expected to begin in 2008. The funding sources for this project are the City of Kent,Freight Mobility Strategic Investment Board(FMSIB) [state],Surface Transportation Program(STP)[federal],and the Burlington Northern/Santa Fe Railroad and Union Pacific/Southem Pacific Railroad. At this time the project is currently not funded. Other Planned Transportation Improvements - South 212th StreetlSR-167Northbound Ramps DescriNion- The South 212''Street Retail development is a planned project located on the north leg of the intersection of S 2t20'Street/SR-167 Northbound Ramps Planned improvements at this intersection as a result of the South 2121h Street Retail project include channelization and signal phasing improvements Note- The future year 2010 analysis included in this report includes the planned channelization and signal phasing improvements at this intersection. i Transpo iati Enmcerriog NorAWen 18 August 6,2003 i f pac,K Gateway 8us"u s Park-IV Traffic I npaa SaW ' DETERMINATION OF FUTURE CONDITIONS Trip Generation Net new weekday daily, a.m. peak hour, and p.m peak hour trip generation associated with the PGBP-IV redevelopment was calculated based on methodology included in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 6d' edition. To determine the net trips associated with full I redevelopment of PGBP-IV, trips from the existing uses to be redeveloped were estimated and then subtracted from trips estimated to be generated by the proposed future uses. The proposed PGBP-IV development includes a total of approximately 2.5 million square feet of office development. The project would likely be developed in five sub-divisions located within the PGBP-iV site The sub-divisions were established based on the anticipated access routes for each sub-division. Appendix B includes a figure that defines the boundaries for each sub-division and the anticipated access routes The trips associated with the existing land uses to be redeveloped were estimated based on trip rates associated with She entire Boeing Kent Space Center facility (approximately 3 million square feet). The existing uses to be redeveloped include a total of approximately 19 million square feet(I 2 million square feet of office use, 600,000 square feet of manufacturing use, and 80,000 square feet of warehouse use). Trip generation equations documented in the ITE Trip Generation manual were used in the trip estimate for both the future proposed use and the existing on-site uses based on Figure 3-1 Recommended Procedures for Selecting Between Trip Generation Average Rates and Equations included in the ITE Trip Generation Handbook. The trip generation for the PGBP-TV development is summarized in table 3. Transportation Engineering NorthWen 19 August 6,2003 i ( Pacific Gateway Business Park-IV Traffic Impact Study r i Table 3 Trip Generation Summary rrE Trips Land Use Areal LUCa In Out Total I WEEKDAY DAILY TRIPS t Office 2,552,545 GFA 710 11,301 11,301 22,602 Less Existing 1,925,920 GFA (To be redeveloped') -5,715 -5,715 -11,430 Net New Daily Trips= 5,586 5,586 11,172 WEEKDAY AM PEAK HOUR Office 2,552,545 GFA 710 2,937 401 3,338 Less Existing 1,925,920 GFA (To be redeveloped') -1,581 -281 -1.862 Net New AM Peak Hour Trips= 1,356 120 1,476 1 WEEKDAY PM PEAK HOUR Office 2,552,545 GFA 710 553 2,704 3,257 Less Existing 1,925,920 GFA (To be redeveloped) -428 -1,532 -1,960 1 Net New PM Peak Hour Trips= 125 1,172 1,297 , i 'GFA is Goss Floor Area ± 2kisumte of Transportanon Engineers,r rip Genemuon Manual,0 Edihon,1997 Land Use Code 3Exrsnn uses to fie re kvcioi>cdmcludeoffice,mmufac(mnp.anditorage Tug s estimated wing ME methodology As shown in table 3, the PGBP-IV full redevelopment is estimated to generate a total of 11,172 net new weekday daily vehicle trips of which 1,476 trips are estimated to occur during the a-m. peak hour (1,356 entering, 120 exiting) and 1,297 trips are estimated to occur during the p.m. peak hour(125 entering, 1,172 exiting) Detailed trip generation worksheets are included in Appendix C Transportation Demand Management The Commute Trip Reduction Law applies to employers with 100 or more full- time employees at a single worksite who are scheduled to begin their workday between 6:00 am. and 9.00 a.m on two or more weekdays. Affected employers are required to implement programs that encourage employees to reduce their proportion of single-occupant vehicle commute trips (SOV rate), as well as velucle-miles traveled per employee(VMT). The law does not mandate what or how many transportation demand management (TDM) elements the worksites should use. That is left to the discretion of the worksite, although the employer may be required to enhance its program in subsequent years if the site's SOV rate and/or VMT indicate that there has been no progress made in achieving goals or if there is an apparent lack of"good faith J '"Wort-don Engineering NurthWest 20 August 6,2003 V� f- Pacific Gateway&mows Pak-IV Traffic Impact Study ' effort" on the part of the employer to ensure the program's success. The following are typical TDM elements • Parking Management ; I • Financial Incentives/Subsidies • Alternative Work Schedules t • Telework • Fleet Vehicles for CTR I • Site Amenities A TDM program should be considered to reduce the number of employees traveling by SOV. It should be noted that the trip generation estimate for the full redevelopment of PGBP-IV does not take into account potential trip reductions from a successful TDM program Therefore, the analysts included in this report could be considered conservative. [ t Trip Distribution and Assignment The net change in p.m peak hour trips generated by the PGBP-IV development on the study intersections was determined by subtracting the trips associated with frill r use of the existing uses to be redeveloped(entitled trips) from the estimated trips r generated by the proposed uses on PGBP-IV. t The distnbution of the tnps from the proposed uses was based on information included in the Pacific Gateway Business Park-Kent Revised Site Circulation and Access Analysis. Based on the study, approximately 20 percent of traffic ` generated from the site would originate or be destined to the north, 20 percent would originate or be destined to the south, 25 percent would originate or be destined to the east, and 35 percent would onginate or be destined to the west The local distribution of project tnps assumes the extension of S 204"Street and S 2080'Street from West Valley Highway to 59'"Place S Figure 5 shows the assignment of the net change in the p.m. peak hour trips i generated by the full redevelopment of PGBP-IV onto the roadway network through the study area intersections Some of the study intersections shown in Figure 5 show a net decrease in trips(i.e 640'Avenue S/S 212'h Street)as a result f of the PGBP-rV development- This is due to the difference in the distribution of entitled tops and the estimated future tnps associated with the PGBP-IV site. The distribution of PGBP-IV trips assumes the extension of S 204d'Street and S 208'h Street from West Valley Highway to 59'"Place S. These new connections would provide additional access points to and from the PGBP-IV site which do not exist today. , Transportation Engineering NormWeu 21 August 6,2003 L ( l 62nd Ave 0196th St W Valley Hwy1S 199th PI W Valley HwylS 204th St W Valey HwyfS 208th St C w o n m .,,. / .O v pv N N lNV • E—l•�) —\•/'�) 1 361 (293) 184 _ (2) (19) (1)—T 47 `✓n 214--y n 7� v 223 M N • N i W Valley Hwy/S 2121h St 661h Ave S/S 212th(St 641h Ave SIS 212b St 5981 PI S)S 212th St 1 m N N 21 N N \•1 n N m • h l E—4 E—29 v (17) 74 t (4) E—N2°i 25 R (12) (100)_X R rI 105 r (99) (tot) 35-0 1 (f 12) 31 (54) o 112 N r r • W Valley Hwy1S 196th St Onlha Rd/S 200th St W Valley HwylTodd Blvd W Valley Hwy/S 19M St re N 7 � � 421 6 i ,ro a (2) W Valley Hwy/S 228th St W Valley Hwy/James St W Valley Hwy/Meeker St 42nd Ave SI S 212th St m 't— 5 R-- 2 4 I 621J , 1. 2 t 2 1 y 2 t m m m (20) 11 � I LEGEND 35 - Net naease in P M Peak Hour tops (35)- Net decease n P M Peak How Tnps Trans ortation Figure 5 Pacific Gateway P Ass* nment of Net New Business Park-IV Engineering g NotthWest P.M. Peak Hour Trips Kent,WasWngton at Study Intersections 1-16 August 6,tOAJ t i i I72nd Ave SIS 212th St : 7601 Ave SIS 2121h St ' 77th Ave SIS 2121th St • E Valley Hwy/S 212th Si E 25 E—16 It 12 it 120 —311 R 98 i--0 15--;0( 1 17 N 15 __4k O .r i E Valley Hwy/S 2081h 51 1-5 NB R=WS 1881h St 1-5 SB RarttpsIS 188th St SR 167 NBIS 2121h SI o (4) 190lit 0 F— 134 (3)// 190 � 56 1 �!—7 �? t 27 17 —0 59 0 10 \ N SR 167 SKIS 2121h St 58di Pt 0196th St 72nd Ave SIS 1961h St 80th Ave SIS 196th St v N a E—421 E—9 t— 10 if 6 ! j69—0 23 j 37 -� 47 —> 231 208 30 ' E Valley Hwy/S 196d1 St • Washington Ave(Willis St 42nd Ave SI S 216th SI 59th PIS!S 2041h S o n N !L O 13 4Al � 10 ii ` �^ 08 R �6 42 t t 166 �1 rr 591h PI SIS 208th St t, N N r � 282 t t i 345 II t LEGEND I o m 0 35 - Net twease n P M Peak Hour Trips tr N m E— (35)- Net decrease n P M Peak Hour Trips Transportation Figure 5 Pacific Gateway C� Assignment of Net New Business Park-IV I NorthWest P.M. Peak Hour Trips Kent,Washington t_ at Study Intersections l 7-33 Nu9u9 6 1003 Ut Pacific Gateway Business Park-IV Traffic Impart Study Future Traffic Volumes Future year 2010 baseline traffic volumes used in the analysis were estimated based the sum of a)existing traffic volumes with an annual 2 percent growth rate to the horizon year 2010,b)future pipeline projects identified by the City of Kent, and c) trips associated with full use of existing buildings on the Boeing Space Center site. The annual growth rate of 2 percent used to estimate growth in background traffic is consistent with the growth rate projected by the Puget Sound Regional Council (PSRC) for the Puget Sound region and is also consistent with the growth rate j assumed by other projects approved by the City of Kent. The future pipeline projects included in the 2010 baseline traffic volumes include: • PGBP-I(2 4 million square feet of industrial park) • PGBP-II(1.0 million square feet of industrial park) • PGBP-III(no new square feet) • Polygon Multifamily Development(67 units) t - Based on the July 2003 traffic counts that were conducted at the entrances to the Boeing Kent Space Center site, the existing site currently generates 1,055 p.m. peak hour trips, with less than full occupancy or utilization However, it is our understanding that this is considered a short-term trend for purposes of analysis given the cyclic nature of current uses on the site Therefore, ITE Trip Generation Manual was used to estimate the number of trips that could be generated by the existing site If fully occupied, the existing uses would be expected to generate a total of 2,862 p.m. peak hour trips. The difference in the ITE tnp estimate(2,862 trips)and the actual counts conducted in July 2003 (1,055 trips) was then added to the study intersections to establish 2010 baseline conditions(1,807 trips added) The distribution of p.m.peak hour trips associated with full use of the existing buildings on the Boeing Space Center site (1,807 trips)are summarized in Appendix D. Figure 6 illustrates the projected future year 2010 p.m. peak hour baseline traffic volumes without the PGBP-IV development at the study intersections i. f . Transportation Engmeerinnr NoruiWeu 24 August 6,zoos ( � Pacific Gateway Business Park4V Traffic Impact SWdy r Future year 2010 p.m.peak hour traffic volumes with the PGBP-fV development iwere estimated by adding the net change in p.m. peak hour trips(figure 5)to the 2010 baseline traffic volumes (figure 6). Adjustments to the distribution of the ; l PGBP PGBP-11 project trips were made to reflect the current plan for PGBP-II wluc-b includes the assumption that the area north of S 20e Street(approximately 30 percent of the area) may no longer have access to the intersection of 66`h Avenue S/S 212'h St These trips that were shifted from 66"i Avenue S to 590 I Place S Figure 7 illustrates the year 2010 p in.peak hour traffic volumes with the PGBP-IV development. f a 3 4 � 1 � 1 � I 1 ' 1 ,i �t IJ f' 25 August b,2003 f Transportation Eogineeruig N«ttrWest U _ i 62nd Ave S/S 196th St W Valley Hwy/S 199th PI IN Valley Hwy/S 204th St W Valley Hwy/S 2081h St Is m om o ~ 7 mH a � 38 J�N ^ 157 A N m �84 413�0 �2—10 454 t 1 —11 t 199 n N m 170 CO o 257 m n a 93 N N 1 t W Valley Hwy/S 2121h St 661h Ave S/S 2121h St 6401 Ave S/S 21281 St 59th PI S!S 21M St mm 222 h m 20 a v n .- �'+ ono681 Qm tr(o,«. 65 Mom 93 185' � � � t7 62 2627 � 'j' � �t5� i 955 1609 3 t 1,146�� t 1,448 —3` t m o m m o m o r o m 618 � rmi � 496� ,m,«"«� 25 - W Valley Hwy/S 196th St OnA1a Rd/S 200th St W Valley Hwyfrodd Blvd W Valley Hwy/S 190111 St m m r lt�,_ 59 n o V-- 1 502 � m «r, m « r 334 327 /C '�' 19 ' 180 1 1 0_ 1 130 1 I� 1 t « 243 � cnin o 0 � o0 169-� m it —� n r 47 m v W Valley Hwy/S 228th St W Valley Hwylbmes St W Valley Hwy/tAeeker St 42nd Ave S!S 212th St 119 n '^- 244 m ry ~ 109 4 179 E—370 I E—502 f— 1 548 116 K— 160 ,L �( 222 Ar—488 106 57111 ` 1e1TT --� 1 327 3. 262 --30 + 388 --I 551 ^-3• 389 ,� o + 94 .`�-+ A m 70 ry m avo 211 o n o `� a n r Note See text an page 24 for dvscusswn on how 2010 BaSehne Traffic vo4me5 were estimated Transportation Figure 6 Pacific Gateway Engineering 2010 Baseline P.M. Peak Hour Business Park-IV NorthWest Traffic Volumes Kent,Washingmn `' at Study Intersections 1-16 6,�, i f i 72nd Ave S/8 212th St : 761t Ave SIS 212th St 77th Ave SIS 2121h St • E Valley Hwy/S 21211 St o n � 73 ro v � 83 � 127 t`�' f 964 E—944 E--1.090 N m 4 621 i 25 r-143 �'146 11 (�/ 1,'s, 1,792—� • 1,87E—I 1,fi07—/ t j 273366 � Na7N 4 E Valley IS 2084,St EE 1-5 N8 RanWS 188 A St 1-5 S8 Ramps/S 188th St SR 167 NBtS`2t2th St d o 150 300 1 1,476 127 1.5''7 it 572 � 222 1 fff i a ' t 299 .�' 175 1,203—4~ 1,729 —� 1773-3b 33 n iry ry 739 3� m SR 167 SB/S 212th St 586)PI S/S 196th St 72rd Ave !S 196th Sl 8010hi Ave S/S 196th SI 35 40 i 621 1,521 4 72 f-43fi E 144 � g --805 1 - 16 t0„Jy 146 j 1 541—0 612—30 851—y 993-0 774---Ik 15__�* N ' E Valley Hwy/S 196th St • Washington Ave/Willis St 42nd Ave S/S 2161t St 59th PI SIS 204th St m MNy o � 5 t,_ 598 m Qa Cy 18 i,1 �-153 m r 39 (` N k 71229 235 -� 100-.14 9 723 0 ,jni4` H �vry B91 N n m 131 l 591h PI S I S 208th St iO\ �G �5 ` Note See text m page 24 for chs swm m t"r 2010 BasiAm 7216c volumes were estimated jFigure 6 Pacific Gateway Transportation Engineering 2010 Baseline P.M. Peak Hour Business Park-IV r It NvrthWest Traffic Volumes Kent,Washington at Study Intersections 17-33 "us162DW I 62nd Ave S/S 196th St W Valley Hwy/S 1991h PI W Valley Hwy/S 2041h St W Valley HwylS 208th Sl w ` $ r1 m o n �7HI �8 am ~ 157 e�iryn ~ &t 477 20 �-51 L 95 413 r 0---0 1 r 35 30 7 r 0 —0 r 1 N O O y m W 246 o n 384"� o m 264 •' m ~ 316-tea °io ry i W Valley Hwy/S 212th SI 66th Ave SIS 212th St 64 Ave SJS 212th St 59th PI S/S 212th St 1 of ci m ~ 243 o N 13 m m o .n n m m 48 n m 167 1 185 �17 9/ / m 262 o 10 1.368 262 � 15 —� 1 r 1 508 856 9 r 1,336 1 1 183—� 564 608 w 25 4k O m i t • W Valley HwylS 1961h St Ordlo RdlS 2001h St W Valley HwylTodd Blvd W Valey Hwy/S 19001 St m m 59 _ f`� 1,923 4 429y n �_= m _1° { R 13 340 � 327 19 28D 1 r ° r 130-� r ,1, r 421 17 —� 1 241 N n n 0 (° 169 awn 47 N a ry o W Valley Hwy/S 228th St W Valley Hwy/James St W Valley Hwy/Adeeker St 42nd Ave S/S 212th St O m m m m � 123 n ° N � 249 N •� F— 179 I� m E�370 0 502 -F 1 502 116 y 160 222 550 1 a !` 1111 262 —� i r 388 —> r 1,551 --0 1 89—i ao m mm m m o m m o n 11 94 .� 70 ry m m 241 a ci O a .- n .n f Figure 7 Pacific Gateway Transportation 2010 P.M. Peak Hour Traffic Business Park-IV Engineeringh Volumes with PGBP-IV Kent,Washington at Study Intersections 1-16 Mgu9 6 2003 i r _ ' Pacific Gateway&mrcess Park-111 Traffic Impact Su* Future Levels of Service Future year 2010 level of service was analyzed at the 30 signahzed study intersections and the roundabout with and without the PGBP-fV development Additionally, the operations at the proposed unsignalized intersections of 59* Place S/S 204m Street and 59* Place S/S 208'h Street were analyzed under 2010 i with project conditions. The channelization used in the future year LOS analysis is illustrated in figure 4. t The results of the horizon year 2010 LOS analysis at the signalized study intersections with and without the PGBP-IV development are summarized in table 4. As shown in table 4, 12 of the 30 signalized study intersections are expected to operate at LOS E or LOS F in 2010 without the PGBP-IV development. A total of 13 signalized study intersections are expected to operate at LOS E or F in 2010 with the PGBP-IV full redevelopment. As previously noted,the distribution of PGBP-fV trips assumes that S 2041b Street and S 208d Street would be extended from West Valley Highway to 59a'Place S on the PGBP-IV site. Traffic volumes at 64'h Ave S/S 212'h Street are thus expected to decrease as the new connections would provide additional access i points to and from the PGBP-IV site which do not exist today. Therefore, the intersection of 640' Ave SIS 212"' Street(97) is expected to improve from LOS E to LOS D in 2010 with the PGBP-IV redevelopment- The intersections of West Valley Hwy/S 199a' Place (42) and West Valley Hwy/S 20e Street (#4) are anticipated to degrade from LOS B and LOS C, respectively, to LOS F with the PGBP-IV redevelopment in 2010 Detailed level of service summary worksheets are provided in Appendix A Intentionally left blank I Transportation Engineering NonhWat 30 August 6,2003 ti 1 Paclfic Gateway Business Nrk4V Traffic Impact Study � Table 4 I Year 2010 Signalized Intersection Level of Service Summary—P.M.Peak Hour 1 } 2010 Baseline Conditions 2010 With PGBP-IV # Signalized Intersections Los' Dela sec V/C' LAW Dela sec V/Cd 1 62od Avenue S/S 196fh Street' C 26.2 052 C 33.8 071 E 2 West Valley Highway/S 199"Place B 167 088 F 969 1 17 3 West Valley Highway/S 204"Street' C 315 102 C I8 8 091 4 West Valley Highway/S 208"Street' C 22.5 092 F > 100 1 15 5 West Valley Highway/S 2121h Street' F > 100 123 F > 100 125 T 6 66"Avenue S IS 212"Street A 96 0.54 A 66 044 7 64"Avenue S/S 2126 Street" E 590 099 D 416 093 8 59n'Place S 1S 212"Street C 267 094 D 363 0.95 9 West Valley Higbway/S 196d'Street' E 704 1.10 F 822 L14 10 Orillm Road/S 200"Street' E 638 109 F > too 125 11 West Valley HigbwayfFodd Blvd' B 106 076 B 1 l 3 082 12 West Valley Highway/S 190"Street A 70 0.71 A 8 1 080 13 West Valley Highway/S 2281h Street' B 17-9 094 B 183 088 14 West Valley Highwayl3ames Sweet° D 485 105 D 521 109 15 West Valley Highway/Meeker St'•' F 93.4 1.18 F 976 120 16 42e'Avenue S/S 212"Street' B 199 082 C 22.2 097 17 72ad Avenue S/S 212"Street' C 25.3 084 C 29.5 0.99 19 70 Avenue S/S 212'h Street°6 C 276 091 C 305 095 19 77i°Avenue S/S 212"Street"6 A 98 075 A 9.9 078 20 East Valley Highway/S 212"Street°•' F > 100 129 F > 100 134 21 East Valley Highway/S 208"Street' F > 100 437 F > 100 435 22 1-5 NB Ramps/S 188"Street' F > 100 149 F > 100 163 23 1-5 SB Ramps/S l88"Street' F 957 1.28 F > 100 132 24 SR 167 NB Ramps/S 212d Street° D 41-3 095 D 427 097 25 SR 167 SB Ramps/S 212"Street' F > 100 1 19 F > 100 .123 26 58"Place S/S 196"Street B 14 8 0.57 B 145 0.71 27 72" Avenue S/S 196"Street A 74 0.46 B 152 0.54 28 80"Avenue S/S 196"Street' B 113 051 A 93 058 29 East Valley Highway/S 196"Street' E 620 102 F 87.6 1 11 30 Washin on Ave/Willis St' E 65.7 Ll 1 E 702 1 13 '.OS calculations we based on methodology omlmed in the Wghway Capacity Manual,2000 2For sigialized intersections,delay refers to average control delay for the entue mtersearon,measured in scelvehicle. 'V/C=volume/Capacaly ratio 'InitRutwn tnduda left-torn movements that may exceed available storage at tunes Therefore the reported LOS may not raw actual wnddauns r slntasection of Onllia Road/S 200O St was analyzed as a T-mtersunon baud on the west leg of the mrersection being a private dwy family three homes r 'Analysis does not include additional capacity rovided by HOV lanes Therefore r ed«suns mould be considered o atme r l jj Transportation fnEngineering NoruWex 31 August 6,2003 L1 - r Pactk Gateway Buvnez ParIAV Traffic Irnpact Study Future operations of the roundabout at the intersection of 42"d Avenue S/S 216th Street (#31) were analyzed for 2010 conditions with and without the PGBP-IV redevelopment. In 2010 without PGBP-N,all approaches are expected to operate with We ratios less than or equal to 0.83. In 2010 with the PGBP-IV development, all approaches are expected to operate with v/c ratios less than or equal to 0-88. Detailed worksheets showing volumes and capacity calculations are included in Appendix A. Future operations at the two proposed unsignalized on-site intersections were ( analyzed and summarized in table 5 below. As shown in table 5, the stop- controlled westbound left-turn movements at both intersections are expected to operate at LOS F in 2010 with the PGBP-IV redevelopment. The westbound right-turn at 59th Place S/S 204t'Street is also anticipated to operate at LOS F in 2010 with the PGBP-IV full redevelopment F Table 5 Year 2010 Unsignalized Level of Service Summary—P.M. Peak Hour 2010 with PcsP-IV i Delay 4 Sto Controlled Intersection Los, (sec) 32 59 6 Place S!S 204°Street Southbound Left A 9.1 Westbound Left F 98 2 Westbound Right F 58-1 33 59"Place S/S 2081h Street Southbound Left A 82 Westboumd Left F a IOD Westbound Right B 13A 'LOS=Level of Srnrcc Dda =Control Dda m Scconds r Vchrck e 1 I � � f 11 i a 32 August 6,2003 Transportation Engrneaing Northwest Pacific Gateway Business Park-IV Traffic Impact Study Concurrency Transportation Concurrency was measured in five of the City's Mobility Management Zones (Iv MZs). The capacities of each of the arterials crossing the MMZ boundaries and in the vicinity of critical intersections and links were totaled to develop a MMZ arterial capacity. Similarly, the estimated traffic volumes crossing the boundaries and in the vicinity of critical intersections were totaled The ratio of volume to capacity was then developed and compared to the arterial threshold for the MMZ. Table 6 provides a summary of this assessment. As shown, each of the five MMZs analyzed are expected to operate better than the City's acceptable arterial threshold Therefore, the PGBP-TV redevelopment meets the City's concurrency standards. Detailed concurrency calculations are included in Appendix E. It should be noted that Boeing has contributed several million dollars towards multiple corridor projects to help work towards the goal of improved mobility throughout the City. Table 6 Concurrency Assessment With PGBP-IV ; I i Arterial Mobility Management Zone Threshold v/c' 2010 with PGBP-IV v/c 2 0-80 0.63 3 080 0.62 5 080 0-53 9 0.80 OS 1 10 100 063 rlmir 1 Mcrsaf dui hold per City of Kcnl Municipal Cade sccuon 12 11 100 Mobility Managemend Zoncs and Standards Vic=volumcl ac ratio Percent of Project Trips at Study Intersections The estimated p.m peak hour traffic volumes generated by PGBP-N development were summarized, along with the total entering volumes at the 31 off-site study intersections in 2010 with the PGBP-fV redevelopment. Table 7 summarizes the percent of project trips in the total entering volumes under 2010 p in.peak hour conditions with the PGBP-IV redevelopment. Transportation Engineering NorthWen 33 August 6,2003 1 i Pacific Gateway Business Park4V Traffic Impact Study t I Table 7 Year 2010 Traffic Volumes-P.M.Peak Hour Traffic 2010 With generated by Percent of t # Signalized Intersections PGBP-IV' PGBP-IVt Project Tri S3 I 62id Avenue S/S 196"Street 2,900 616 21.2% 2 West Valley Highway/S 199ih Place 5,621 571 10 2% } 3 West Valley Highway/S 2046 Street 5,233 90 1-7% i 4 West Valley Highway/S 2096 Street 5,150 748 14 5% 5 West Valley Highway/S 212"Street 7,114 368 5 2% 6 66"Avenue S/S 2126 Street 3,045 -168 -5 5% 7 646 Avenue S/S 212"Street 4,004 -615 -15 4% 8 596 Place S/S 212d'Street 4,142 247 6 0"/" 9 West Valley Highway/S 196"'Street 6,422 488 7 6% 10 Orillia Road/S 200"Street 5,534 407 7 4% 11 West Valley Highway/Todd Blvd 4,459 284 6 4% 12 West Valley Highway/S 1906 Street 4,304 284 6 6% 13 West Valley Highway/S 2286 Street 4,937 190 3 8% 74 West Valley Highway/James Street 4,786 151 32% 15 West Valley Highway/Meeker Street 4,743 90 1 9"/" 16 42"d Avenue S/S 212'"Street 4,010 14 0 3% I 17 72"d Avenue S/S 2126 Street 3,422 133 3 9% IS 7e Avenue S/S 212"Street 3,587 133 3 7% 19 77d Avenue S/S 212i°Street 3,474 114 33% 20 East Valley Highway/S 212"Street 6,075 225 3 7% 21 East Valley Highway/S 208'"Street 3,462 182 5 3% 22 1-5 NB Ramps/S 198'Street 5,974 407 6 8% 23 1-5 SB Ramps/S 188'Street 5,057 217 4 3% 24 SR 167 NB Ramps/S 212"Street 4,648 78 1 7% 25 SR 167 SB Ramps/S 21210 Street 4,059 119 2 9% 26 58'Place S/S 196i°Street 2,765 468 16 9% 27 72"d Avenue S/S 196"Street 2,112 244 11 6% 28 80d'Avenue S/S 1961°Street 2,278 241 10 6a/u 29 East Valley Highway/S 1960'Street 3,189 223 7 0% 30 Washington Ave/Willis St 5,489 70 5 7% 31 42°d Ave S/S 216'St 1,320 75 1 3% 'Total traffic entering the intersection during the peak hour with the PGBP-N redevelopment m the yew 2010 Total number of trips generated by the PGBP-N redes elopment estnnated to enter the utcrseamn 3fbe percent of project tops gencrated by PGBP-N m the 2010 with PGBP-1 V traffic volumes - 34 August 6,2003 Tomn poation Engineering Northwest z Pacific Gateway Business Park-N Traffic Impact Study As shown in table 7,at the study intersections adjacent to the PGBP-IV site,the trips generated by the PGBP-N redevelopment are estimated to account for between approximately five and twenty percent of the total entering traffic at the study intersections during the p.m peak hour in 2010. However,project trips are expected to decrease to between one and ten percent of the total entering traffic in 2010 at the study intersections outside a one-block radius of the PGBP-1V site Traffic volumes at two of the study intersections(66'h Avenue S/S 212"'Street and 64'h Avenue S/S 212'h Street)are expected to decrease with the development of PGBP-IV. This is due to the difference in the distribution of existing trips and the future trips associated with the PGBP-lV site layout The distribution of PGBP-lV trips assumes the extension of S 204"'Street and S 2080'Street from West Valley Highway to 59°i Place S These new connections would provide ; additional access points to and from the PGBP-IV site which do not exist today. Queuing Analysis Per the request of the City, the adequacy of left-turn and right-turn queue storage was assessed at the 30 signalized study intersections. Per the City's request, the queue lengths were rounded to the nearest 25 feet. A summary of the anticipated 95'h percentile queue lengths for left-turn and right-turn movements at the 30 signalized study intersections and the queue calculation worksbeets are included in Appendix F. i As shown in Appendix F, there are 41 movements (at 20 of the 30 signalized study intersections) that are anticipated to exceed the available queue storage in 2010 without the PGBP-IV development and 42 movements (at 22 of the 30 signalized study intersections) that are anticipated to exceed the available queue storage in 2010 with the PGBP-IV development. A discussion of these movements and potential improvements is included in the "Improvements for Consideration"section on the following page As previously stated, the LOS results for the signahzed intersections were calculated using the Synchro 5.0 software which is based on methodologies presented in the HCM,2000 Edition,and incorporates the effects of a coordinated system of intersections. However, for locations where left-turn and right-turn queues are expected to exceed the available storage,the LOS results do not reflect the additional delay associated with potential blockage of the adjacent through lane. A footnote has been included in the LOS tables shown in this report to help understand which locations this is expected to occur. The LOS results for the intersections that are expected to experience queue spillover should be used with I caution. t Please note,our analysis of queuing represents a condition that is only expected to be exceeded 5 percent of the time and does not represent the conditions Transportation Engineerms NorthWest 35 August 6,2003 j Padfic Gateway Badness Park-IV Traffic Impair Study i throughout the entire peak hour- This condition is typically used in the design of turn lanes and is considered standard practice. Per the request of the City of Kent,vehicle queues were also estimated at the two proposed unsignalized intersections on 596' Place S at S 204' St and S 208" St based on Highway Capacity Manual methodology. A summary of the anticipated ` 95'h percentile queue lengths for left-turn and right-turn movements at the two unsignalized intersections is included in Appendix F Since these are future proposed intersections, it is anticipated that the future channelization would be E designed to accommodate the anticipated queues. Signal Warrant Analysis Per the request of the City of Kent,a signal warrant analysis was completed at the future intersection of 591h Place S/S 204'h Street and 59`h Place S/S 208th Street Signal warrants were based on guidelines included in the US Department of Transportation/Federal Highway Administration, Manual of Uniform Traffic Control Devices(MUTCD) Future traffic volumes used in the analysis were based on the estimated 2010 p in. peak hour volumes with PGBP-N shown in figure 7. The only traffic volumes } = available applicable to signal warrants were the p.m. peak hour traffic volumes therefore,the signal warrant analyzed included MUTCD Warrant 3-Peak Hour. MUTCD Warrant 3—Peak Hour,is based on peak hour volumes on the major and minor streets The estimated 2010 p.m.peak hour volumes on the major street of S 59'h Place is approximately 1,100 vehicles — total of both approaches The minor street approach of S 2040h Street is estimated to include 613 p m-peak hour trips and the minor street approach of S 208'h Street is estimated to include 627 p.m. peak hour trips- Based on MUTCD Figure 4C-3 — Warrant 3, Peak Hour, these volumes would satisfy this warrant. Signal warrant worksheets are included in Appendix G. Improvements for Consideration Per the City of Kent, signalized intersections expected to operate at LOS E or F (13 intersections),and left-or right-turn lanes with queues estimated to exceed the available storage(42 turn lanes)in 2010 with the full redevelopment of PGBP-fV , were identified and are summarized in the following tables 8 and 9_ Improvements that may improve operations were also identified for consideration at these locations. Level of service calculations with the improvements for consideration are included in Appendix H. Tramsporaaon En&*.dng NonhWe t 36 Augun 6,2003 I Pacific Gateway Budrwz Park-IV Traffic Impact Study f � Table 8 Signalized Intersections Expected to Operate at Level of Service E or F With PGBP-IV j 2010 With PGBP-IV 2010 Basehoe 2010 With PGBP-FV andlm mvemeots Outhoedgelaw Imprim,ementfor r S' tialmed Iateisectaa IDS Dda V7C L.OS DelayVIC LOS DelayV/C Cuosideranoo/Commeot s 82 S l Plate/West B 167 088 F 968 1 17 C 302 090 Construct addib mat easthoaod kR- j valley Highway turn lane and modify easttwt phasing to include split phasing The applicant f has paid several million dollars into 1 i unpovemeuts on West Valley Highway durtaugh an LID W S 2D8th SttWest Valley C 225 092 F >100 1 15 D 51 5 094 Coosmict soudtbound ngh4trun lane. Highway Exstmg ditch likely rcipar d to be relocated prior to consuuctson of j anproveniem,whsch is to anent City ' plans Also consmict as[borad right- t turn lane,convert eastbound!disc lane 1 to shared kft4hru lane,modify 1 east/west phasing to include split phwmg,and tcmove crosswalk on - north leg of inte section ' OR D 549 105 Provide mtemal oonrcctwn between S 2046 Street and S 2086 Street on the s PGBP-IV site,which would allow ' essrnng vehicles desumeA northbound - to exm at either S 204a St or S 208a t F St The interse,;um of 200 s Street/West Valley Highway is r expected to cuimnue to operate at LOS C with this improvement. _ It should be"oil than the applicant has paid several million dollars into unpoventoits on West Valley Highway through an LID 85 S 212th SVWal Valley F >100 1 23 F >100 125 -- -- No feasible at grade improvements Highway available at this location The ! applicant has paid significant dollars into improvements on West Valley Highway through an LED p9 S 196th St/Wat Valley E 704 1 10 F 922 1 14 E 605 1 12 Construct eastbound right-tum lane I Highway The appltant has pad several million dollars into miprovements on West Valley Highway and S 196a Street through Lays i 010 Onllia Rd/S 2 St E 638 109 F >100 1 25 No feasible at grade improvements available as this location 115 Meeker Sl/West Valley F 953 1 I8 F 996 120 F 863 108 Construct eastbound right-cum lane Highway, May require additional rhghlof-way, -h 920 S 212th St/Fast Valley F >100 1 29 F >I00 1 34 F >100 1 23 Construct second southbound left-ram Highway, lane May require additional nghtof- way 021 S 200 St/Fast Vancy F >100 437 F >100 4 35 D 42 5 099 Modify east/west phasing to include ` wghw,ty perm tried left turn phasing 022 S I88th SVI-5 NB F >100 149 F >I00 163 - Intersection with highway ofsone Ramps significance Therefore,notaptibuble -disclosure only iTransportation Engineering NonhWest 37 August 6,2003 tJ _ i - Pacific Gateway Burnes Park-IV Traffic Impact:Study Table 8(continued) Signalized Intersections Expected to Operate at Level of Service E or F With PGBP-IV 3*10 with PGBP-IV 2010 Baseline 2010 with PGRP-lV a.d w ements O.B.ed Below luprovemeat for ' sigaaahzed lnlmoche. LOS Delay VIC LOS Dda V/C IAS Delay VIC Csssfdera5an/Commeat d23 S 188th St/1-5 SB F 957 129 F >100 1 32 - Inknecbon with highway,of state Ramps stgnficanra Therefore,not apphmble -disclosure on r 025 S 212th SVSR 167 SB F >100 1 19 F 1100 123 - Intersection with highway of state Raenni significance-Therefore,not apphcibic -disc)sure onlyi- . 029 SI SVEasl Valley E 620 102 F 976 111 D 463 095 Modify easHwest phasing to uadtak Highway pemMtedlefl-nuaphatmg Add eastbomd nght-0—overiap"phase The applicant has paid several n.11roo dollars into nop.vemaus on S 196, Street through an I.m d30 With$St4Vest Valley E 657 111 E 702 113 E 596 107 Modify signal and provide Highway dunnehntwn.ry.ovemena to allow westbound sight-turn-ovcrlW Notes • 1 Per City of Kent,niersections with highways of state significance(HSS)are not Subject to I.OS/coneurresicy standards-dssdw m only 2 Analysis does no include additional capacity provided by HOV lanes therefore,reported results could be considered conservahvc i i r 'rransporotion Enpneenng NorthWest 38 August 6,2003 i tl a , 1 Pacific Gateway Business Park4V Tntfac Impact Study Table 9 Locations with Queues Exceeding Available Storage [ With PGBP-IV y PM Peak Hour 95th Perttarile Qaeee Demaed N Etdsnag Change , Sigoa iud Storage 2010 with with Improvement for ; Intersection Movement (ft) 2010 Baseline PGBP-IV PGBP-IV Cousiderafioo/Commetit 01 St96th Easdhoumf t45 175 225 5o Storage for eastbound nghtfirm St/62'r Ave S Rtgfit movement not crdical to operations of ' intersection- Qteuceltocediugslolage area my spillover into eastbound ' r through line Northbound 400 300 525 225 Extend noAbound leftium4anes to j Lcft(duals) (per lane) (per lane) (per lane) (per lane) include 525'of storage(each lure) 82 S 199th Northbound 150 100 175 75 Left-turn Ito extends uuo existing Fwwcst Valley Left TWLTL Queuewouldexleadlcss Highway than 300'mtoTWUL—thacforc OKr- 1 d3 S 2041h Eastbound 140 625 175 450 Queue storage to be provided with ` St/West Valley Left design of approach on the PGBP-IV Highway site 84 S 208th Eastbound 150 475 725 250 To improve the level of servtcs,dual St7Wesc Valley Left eastbound left-min laws;should be ' Highway considered Thts improvemrn(would t result in an eastbound left-ham queue i of 350 fat per IC84mir lane.Queue y storage to be provided with desigp of approach on the PGBP-IV site OR Provide mtermi witamuot between S 204'Sired and S 208'Street of the PGBP-IV site,which would allow exiting vehicles denoted northbound to exit at either S 200 Star S 208a SI ` This utpravemem would resulem an 7 eastbound left-turn queue of 500 and an eastbound left-oun queue of 450'ar S 20e SVWesl Valley Hy Queue / storage to be provided with design of t appmaeh on the PGBP-IV site 95 S 212th Westbound 220 350 350 0 Left-tum lane extends into exrsung s St/West Valley Left TWLTL Queue would extrndlas High") than 300'into TWLTL—therefore OK' 7l7 S 212th Northbound 200 350 475 125 Landscaped trathe island could be - St/64th Ave S Left modified to provide 475-storage to 7 accommodate future queues Westbound 60 350 325 -25 Rest+tpe S 2126 Street between 646 Left Ave S and 66a Ave S to include a T WLTL Queue would enend less than 300'into TWLTL—therefore OK' Note I Pa RCW 46 61 290 300(eel o(quwe allowed to store in two way kft4urn lane(IWI,TL) -r Transptnatiom Engineering Norow a 39 August 6,2003 ii - Li 1 t i Paafir Gateway Business Park-IV Traffic Impact:Study i Table 9(continued) Locations with Queues Exceeding Available Storage With PGBP-IV i PM Ptak Hour 95th Percentile Queue Demand ft FEst-,- ng Chaage Signalized ge 2010 With PGBP- with Improvement forMovement 20t0 Baseline IV PGBP-IV CousrderstioneiCommeat #9 S 19 Eastbound 200 175 350 175 i i SdWesl Valley Left ( Highway ; Westbound 200 500 475 -25 For EB,WB,NB and SB Lcft-rem Left Imes extend into existing ceracr two ' [ I way left-turn line(TWLTL) Northbound 220 425 275 -150 Queues would extend less than 300' Left into TWLTL-therefore OK'. Southbound 200 225 225 0 Lcfl #10 Orillm Southbound 300 325 375 50 Dual Sit left-rem lanes currently R&S 200°St Left(dual) oust Extmsron of dual SB left-min Imes may require additional right of may t #13 SMth Eastbound 70 too too 0 Storage for eastbound right-turn SMest Valley Right movement not enheal to operations Hwy of intersection- Queue eacocdmg ` r E storage area,may spill""mut ` eastbound through Ixrre Westbound 90 too 100 0 Queue exceeding storage area(less Right than one vehicle)would be t accommodated b er i #14 James Westbound 220 225 250 25 Queue exceeding storage area SVWest Valley Left (approximately one vehicle)would r Hwy be acconunodaled by taper - Southbound 340 450 475 25 Dual SD left-turn lanes currently Left(dual) (per lane) (per Intl (per lane) (per lame) exist Extension of dual SB left-turn r lanes may require additional nghl of wa _ #IS Meeker Eastbound 250 300 300 0 Left-turn loot extends into cxrrtmg SUWmt Valley Left TWLTL Qucuc would extend less HWY, than300 mtoTALTL-therefore OK' Westbound 225 375 400 25 Providing additional WB left-turn Left storage may require right of way for roadway widening Northbound 310 525 525 0 NB left-rum storage lanrted by - Left ualfc island Time island maybe removed to accommodate queue Nine 1 Per RCW 46 61 290,300 fen of queue allowed to store in two way lefi-turn lane(TWLTL) 2 Anal)sa dots not include addmonal capacity provided by HOV lanes tberefore,reported results could be considered conservative -' 40 August 6,2003 Transportation Engineering MorthWert 1 , Pacific Gateway Business Park-IV Traffic Impact Study ' Table 9(continued) Locations with Queues Exceeding Available Storage With PGBP-IV PM Peak How 95th Permotile Quewe Demand Eststrug Change I Sigmltzed Storage 2010 WRh with PGBP- Improvement for taterseetion Movement 00 2010 Baseline PGBP-IV IV Cotssideratnon/Commeat r N 16 S 212 Eastbound 170 250 275 25 Storage fa eastbound nghtauret $042°"Ave S Right morrmem not critical to operations of t intersection.Queue exceeding stuwge ' ores may spillover into eastbound through Ionic Westbound 400 400 550 150 Providing additional WB left-turt Left storage may require right of way for roadway widaung Northbound 140 125 150 25 Queue exceeding storage am(less tban Right one vehicle)would be amo anodated by taps NI8 S 2126 Westbound 145 300 275 -25 WB left-tom storage harried by EB left r SU76i°Ave S2 Left tom storage for adjacent dirveway Northbound 165 225 225 0 Left-turn lane extends unto existing Left TWLTL Qucu,would extend less than 300'into TWLTL-therciPwOW. ' N 19 S 212 Southbound 170 200 200 0 Lcft-Wm laic extends into existing SV776 Ave Sr Left TWLTL Queue world extol less than 300`into TWLTL-therefore OK'. r j N20 S 2126 Eastbound 390 425 425 0 Leftfiun laric extends untoextstmg St/Easl Valley Left TWLTL Queue would extend less Dim Hwy` 300'into TWLTL-therefore OW i Northbound 250 475 475 0 Left-tun late,extends mtoexisting Left TWLTL Queue would extend less Than 300'auto TWLTL-therefore OW r Southbound 250 575 575 0 SB left-turn storage limited by existing Left railroad tracks f N21 S 20 Southbound 315 1,000 1,000 0 To rmprove the level of service, SdEast Valley Left modifying the castles phasing to r HWy include permitted leftawtr phasing ' should be considered Ibis r unprovemenl wadd result in a sothbound left-um queue of 775' Rc4t npc left-turn lane to provide 475' ofqucuestomgc TWLTLesias / beyond turn laic Queue would extend less than 300'into TWLTL-therefore OK' i 022 S 1880 Eastbound 175 400 375 -25 SVI-5 NB Uhl EB left storage limited by WB left-tom - Ramps storage for 1-5 SB ramps ' Westbound 70 2,125 2,450 325 Queue exceeding storage arm would Right spJlova into westbound through loot i (2 through lanes exist) Northbound 315 500 500 0 Queue exceeding storage ores would be Left accommodated by single lane off-ramp rI Note 1 Per RCW 46 61 290,300 fed of eluwe allowed to store in two way left-turn loot(TWLTL) i 2 Analysis does not include additional capacity provided by HOV lanes therefore,repodcd results could be corssndered conservative 1 ` Tramportation Faighteering Northwest 41 August b,2003 ` �I Pa ific Gateway Businea Park IV Traffic Impact Study i t Table 9(continued) Locations with Queues Exceeding Available Storage With PGBP-IV l PM Peak Hoar 95th Percentile Queue Demand R ora Sigeanrcd Storage 20 LO With Cbaage with Improvement for Intersection Movement (0) 2010 Baschoe PCBP-LV PCBP-LV ConsideratiodCowmcot 0235 188 Eastbound 135 1,050 1075 25 Queue excecdwg storage arcs can , SUE-5 SB Right store in eastbound curb lane Ramps (tight-turn only to Military Road J or to SB 1-5 on-ramp)at adjacent mlasedioo to the west(Military Rd SIS Ige Street) ' Westbound 170 goo 900 100 WB Ic@ storage limited by EB 1 Left left-turn storage fur 1-5 NB ramps Southbound 215 775 800 25 Queue exceeding suimc area i Left would be accounoodated by single loot off-ramp t 024 S 212 Northbound 315 475 500 25 Queue exceeding storage area SUSR-167 KB Right would be accummodatcd by Ramps single loot off-ranp Southbound 155 250 250 0 Pnvateproperty, Ownerdmision Left(dual) (pa lane) (per lane) (per cane) (per lane) m future to provide storage to 1 acconimodwe futi n;queues i 0285196 Southbound 125 150 150 0 Queue excecdmg storage area i - � SU80'a Ave S Ieft would be accomnwda[ed by taper 029 S! Northbound 220 225 225 0 Left-turn lane extends onto SUFasi Valley left exrstmg TWLTL Qieuewould Hwy extend less than 300'into ` TWLTL—therefore OK' 030 Westbound 225 275 275 0 Westbound left-min queue Washington Left limited by SR-167 Nurthbound Ave/W511ss St ramps Westbound 235 825 825 0 Westbound right-lum queue Right limited by SR 167 southbound ramps Note 1 Per RCW 46 61 290,700 ices of queue allowed to score in two way left-turn lane(TWI-TL) J l >i i LI Transportation Engineering Northwest 42 August 6,2003 LI Pacific Gateway Business Park-IV Traffic Impact Study Feasible Intersection Improvements Table 10 summarizes the intersection improvements included in tables 8 and 9 f that were determined to be feasible at study intersections expected to operate at LOS E of LOS F or with queues expected to exceed the existing storage in 2010 with PGBP-IV. The criteria used to determine the feasibility of an improvement was primarily based on whether or not right of way may be required from others. t Table 10 ? Feasible Intersection Improvements t � Int.fl Location Improvement 1 S 1966 St/62 Avenue S Extend northbound dual left-tum lanes to include 525' ' of storage(each lane) 2 S 1990 PVWest Valley Highway Construct additional eastbound left-min lane and modify castlwest phasing to mdude split phasing 3 S Z046 StrWest Valley Highway Queue storage on eastbound approach to be designed iwith the full redevelopment of PGBP-lV 4 S 208th Stfwest Vallcy,Highway Construct southbound right rum lane Construct i eastbound right-turn lane,convert eastbound shared ' thm-right lane to shared left-thin lane,modify eastlwca phasing to include split phasing,and remove cross%-alk on north leg of intersection Queue storage on i eastbound approach to be designed with the full JJ1 redevelopment of PGBP-I V - OR Provide mlemal connection beMeen S 2041°Street and l S 208'Street on the PGBP-IV site,which would allow exiting vehicles destined northbound to exit at either S 204a'St or S 2W St Queue storage on eastbound approach to be designed with the full redevelopment of PGBP-fV 7 S 212th St/64th Ave S Modify landscape traffic island on south leg of j intersection to provide 475'of queue storage for the northbound left-luri movement- 9 S 196th St/West Valley Highway Construct eastbound right-min lane 15 Meeker Street/West Valley Hwt Remove traffic island for northbound left-nam to 1 accommodate 525'of queue storage 21 S 208' St/East Valley Highway Modify eastl%est phasing to include permitted left-mm phasing Re-stnpe southbound Iefl-turn lane to provide 475'of � queue storage ' 29 S 196th Sr/East Valley Highway Modify easllwest phasing to include permitted Iefl-min phasing Add eastbound Tight-mm"overlap"phase 30 Willis St/West Valley Highway Modify signal and provide channehmlion improvements -r to allow westbound n t-mm"overlap"phasing Transportation Engineering NonhWest 43 August 6,2003 I , � I t- I - f j Pacific Gateway Bus mess Park-Iv Traffic Impact Study } � Additional intersections where LOS and queue improvements were considered but t determined to not be feasible are discussed below. LOS Improvements 7 ' l Meeker Street/West Valley Highway(Intersection 915) i The improvement for consideration of an eastbound right-turn lane to improve LOS at Meeker Street/West Valley Highway was determined to be not feasible due to right of way constraints. The redevelopment of PGBP-rV is expected to # account for less than 2 percent of the total entering volumes at the intersection in 2010 with PGBP-IV. Therefore, the effect of the PGBP-IV redevelopment is not expected to be significant. S 212`s Street/East Valley Highway(Intersection 420) Constructing a second southbound left-turn lane at S 212'h Street/East Valley Highway was determined to be not feasible due to right of way constraints. The redevelopment of PGBP-rV is expected to account for less than 4 percent of the ' total entering volumes at the intersection in 2010 with PGBP-rV. Therefore,the effect of the PGBP-IV redevelopment is not expected to be significant Queue Improvements James Street/West Valley Highway(Intersection#14) I The improvements for consideration to provide additional queue storage at for the southbound left-turn lanes at James Street/West Valley Highway was determined to be not feasible due to potential right of way constraints The redevelopment of i PGBP-IV is expected to increase the 95d'percentile southbound left-turn queue by 25 feel (approximately one vehicle) per lane compared to the queue under 2010 baseline conditions Therefore, the increase in queue length as a result of the '. PGBP-IV redevelopment is not expected to be significant Meeker Streetl*'est Valley Highway(Intersection UJ5) The improvement to provide additional queue storage at Meeker Street/West Valley Highway for the westbound left-turn was determined to be not feasible due to potential right of way constraints The 95'h percentile queue for the westbound left-turn is anticipated to increase by 25 feet as a result of the PGBP-rV redevelopment The project is not expected to add any trips to the westbound left- turn movement. Therefore,the increase in queue length as a result of the PGBP- - IV redevelopment is not expected to be significant. 1 Tramportadon Engneering Noru;W st 44 August 6,2003 ' Pacific Gateway Burnes Ntk-LV Traffic Impact Study S 212`r'Street142"d Ave S(Wersectron#16) The improvement to provide additional queue storage for the westbound left-turn at S 212d' Street/42 Ave S was determined to be not feasible due to potential right of way constraints. The full redevelopment of PGBP-1V is expected to increase the westbound left-turn queue by 150 feet compared to the year 2010 1 baseline queue. The trips associated with the full redevelopment of PGBP-fV are j anticipated to account for less than one percent of the total entering traffic volumes at this intersection in 2010 with PGBP-IV ' # Highways of State Significance The following intersections are located along highways of state significance ( (HSS) ' • S 188d'Street/1-5 NB Ramps(#22) • S 188d`Street/1-5 SB Ramps(923) • S 212'Street/SR-167 NB Ramps(#24) t • S 2126'Street/SR-167 SB Ramps(#25) 1 Based on discussions with the City of Kent,these intersections are not subject to 1 LOS or concurrency standards f w Tnnsportauon En®neenng NorthWett 45 Aura,2003 C1 _ I Padk Gateway business Park-IV Traffic Impact Study Recommended Improvements I Recommended Project Improvements f Project improvements were defined as improvements providing direct access to or from the PGBP-IV site The following provides a discussion of the feasible T improvements that are considered project improvements. The listed improvements are recommended to be completed with the full redevelopment of PGPB-IV. In addition to the recommended improvements listed below, it is also r recommended that the queue storage at all approaches exiting the PGBP-IV site be designed to accommodate the anticipated 95'h percentile queues in 2010 with the full redevelopment of PGBP-[V. r 62nd Avenue SIS 196`h Street(Intersection #1) With the full redevelopment of PGBP-IV,it is anticipated the northbound left-tum ! movement would exceed the available storage at this intersection (400 feet per lane). With the full redevelopment of PGBP-IV, the estimated northbound left- turn queue is 525 feet per lane Therefore, the northbound dual left-turn lanes are i recommended to be extended to accommodate the anticipated 525 foot queue(per lane). i S I996` Place/West Valley Highway(Intersection#2) i This intersection is expected to operate at LOS B without the proposed project t and LOS F with the proposed project in 2010. The recommend improvement at this location is the construction of an additional eastbound left-turn lane In [ addition, modifications to the signal phasing are recommended to include j east/west split phasing- S 20e Street/Wesi Valley Hizhwav(Intersection #4) 1 This intersection and is expected to operate at LOS C without the proposed project and LOS F with the proposed project in 2010 There are two potential improvements to be considered at this location It is recommended that one of the following be implemented a) The construction of a southbound right-tum lane and modification of the eastbound approach to add an eastbound right-tum lane and convert the ' j eastbound through lane to a shared left-thru lane Also remove the crosswalk on the north leg, and modify the signal phasing to include east/west split phasing. b) Provide an internal connection between S 204ih Street and S 208'h Street on the PGBP-IV site, which would allow exiting vehicles destined I northbound to exit at either S 204'h Street or S 208`h Street. - Transportaaon Engineenng r[orthWesr 46 August 6,ZOOS .l Pacific Gateway Baynes Park-IV Traffic Impact Study S 204'h Street/59'i'Place S and S 208`i'S1reet159 h Pl S(#32&#33) These intersections currently do not exist and are proposed in the future with the full redevelopment of PGBP-IV. The westbound stop controlled movements at l these intersections are expected to operate at LOS F. A peak hour signal warrant analysis was completed at these intersections and it was determined that both intersections would meet the peak hour warrant based on the estimated 2010 traffic volumes. However,the satisfaction of a single signal warrant in itself does not necessitate the Installation of a traffic signal Therefore,we recommend these ? intersections be monitored as redevelopment of the PGBP-N site continues to t determine if/when a signal may be appropnate in the future. i e Recommended System Improvements J The following improvements are considered system improvements, not project improvements specifically related to the full redevelopment of PGBP-TV. This conclusion is based on the fact that the increase in volumes at these locations is primarily due to the increase in background traffic. If the City or others plan to build the improvements listed, it would be appropriate for the project to pay its pro-rata share of the cost of the improvement. S 212'h Sfree1164`h Avenue S(47) The northbound left-turn lane at this intersection is expected to exceed the available storage (200 feet) both with and without the project (475 feet with project) The project is expected to increase the queue at this location by 125 feet Therefore, it is recommended that the project either extend the left-rum lane by 125 feet or contribute its pro-rata share (45 percent = 125'/275') toward the construction of the ultimate improvement at this location. S 196m Street/West Malley Highway(#9) Ttus intersection is expected to operate at LOS E without the proposed project and LOS F with the proposed project in 2010 The recommended improvement at this location is the construction of an eastbound nght-turn lane. If the City or others I plan to build this improvement, it would be appropriate for the project to pay its pro-rata share(7_6%)of the cost of the improvement. ` Tnruponaum Engmeerint NorthWert 47 Auguu 6,2003 -rI - _ Ef r Pacific Gateway Budrreis Park-IV Traffic Impact Study , 1 Meeker Shvet/West Valley Highway(415) I This northbound left-turn lane at this intersection is expected to exceed the available storage (310 feet) both with and without the project (525 feet with the PGBP-IV redevelopment) The project is not expected to increase the queue at this location,therefore,no specific improvement is recommended by the project at this location However, the City should consider removing the traffic island for the northbound left-turn to accommodate 525 feet of queue storage. I S 20e Street/East Valley Highway(Intersection #21) t This intersection currently operates at LOS D and is expected to operate at LOS F with or without the proposed project in 2010. The recommended improvements at this location are to modify the east/west phasing to include permitted left-turn phasing and to extend the southbound left-turn lane to provide 475 feet of queue storage. If the City or others plan to build this improvement, it would be i appropriate for the project to pay its pro-rata share (5.3%) of the cost of the improvements I S 19e StreetlEast Valley Highway(Intersection#29) r This intersection currently operates at LOS C and in 2010 is expected to operate at ' J i LOS E without the proposed project and LOS F with the proposed project. The recommended improvements at this location include modification of the traffic -r signal to facilitate ao eastbound rigbt-tum"overlap"phase and modification of the cast/west phasing to include permitted left-turn phasing If the City or others plan to build these improvements,it would be appropriate for the project to pay its pro- i rata share(7.0%)of the cost of the improvements 1 Willis SlreellWest Valley Highway(Intersection #30) This intersection currently operates at LOS D and in 2010 is expected to operate at LOS E with or without the proposed project- The recommended improvements at this location Include modifying the traffic signal and providing channelization improvements to facilitate a westbound right-turn"overlap"phase- . If the City or others plan to build these improvements, it would be appropriate for the project to pay its pro-rats share(5.7%)of the cost of the improvements. i `t Tnrrpnr>aron Engineering NatirWest 48 August E,2003 I : j 1 Pacific Gateway Rusin Park-IV Traffic Impau Study ADDITIONAL ANALYSIS Per the request of the City of Kent, two additional development scenarios were j analyzed which included. L 2010 With PGBP-IV and an Additional 1.2 Million SF of Industnal Park Use on PGBP-I F 2010 With PGBP-fV and an Additional 1.2 Million SF of Industrial Park Use on PGBP-I and Restricted Access (access limited to 204th Avenue S/West Valley Highway and 64a Avenue S/S 212a Street). i The analysis for the two additional development scenarios assumed the same 2010 baseline traffic volumes used in the previous analysis. ; 1 ANALYSIS WITH PGBP-IV AND AN ADDITIONAL 1 .2 MILLION SF ON PGBP-I A traffic impact study was prepared for the additional 12 million sf of industrial j park on PGBP-1 and is dated July 28, 2001 Per the City's request, an analysis i I was completed to assess the cumulative impacts of the proposed PGBP-IV redevelopment with an additional 1.2 million sf of mdustral park on the PGBP-I r site- To establish the future 2010 traffic volumes with PGBP-IV and an additional 1.2 million sf on the PGBP-I site,the distribution of p.m.peak hour project trips from 1 the additional 1 2 million sf included in the July 28, 2003 traffic study(869 trips) were added to the traffic volumes shown in Figure 7 (2010 PM Peak Hour l Volumes with PGBP-IV) Figure 8 includes the 2010 p-m peak hour volumes i with PGBP4V and an additional 1.2 million sf on PGBP-I These volumes were then used to assess LOS, coucurrency, queuing, and disclose improvements for consideration. i i J 1 , I Transportatson Engrneenng NorihWest 49 August 6,2003 kI L I I t 62nd Ave S/S`1961h St W Valley"IS 19M Pi W ValleyHvvy1S 204lh St W Valley HwyIS 208lh St 38 m m n ~ 158 m o � 64 - f roo nL N ei.7n c7 _ 1� � i !-758/./• `� ` R�20 51 � 1 t -95 413 1 1 � 1 �2 y� it 135 y— -> So y—��• � t � m n 293 m y 476 0 264 '� `^ c < 316 k W Valley Hwy1S 2121h St 661h Ave SIS 2121h St 64th Ave SIS 2121h St 591h PI SJS 2`121h St m m 253 13 e "K—48a. n +�, wmi .N- mom _209 185 ) 1,335 ` 66 15 1 70 ' 185 t7 2 y III i t R\ 28 --t• • t 16W t 9 912 � � t l' 163 �' Rtl' m n N n O m � 630'� < n � er 636� m m 25 � ! i • W Valley HwylS 196th St pnlha RdTS 200th St W Valley Hwyliodd Blvd W Valley HwylS 1901h St t o n o n � m 59 � � o 2,100 10 / !l�347 ,L 327 /C ,�. 23 ' 349 ../' 1 t 0 t / 130.� t 111 R t I t 1 1—� 2� cni m in ni 47 c e m ► � 0 w j 4 W Valley Hwy/S 228th St W Valley Hwyl lames St W Valley HwyNeeker St 42nd Ave US 212th St o m 1 w N 127 n m m 257 tYJ 4 t16 160 222 563 � 111 112 14 59 185 —� 1322--). 262 --0 t 388 --3 t 551 ---8• 389 n m m N m O OI (U O N m 94 � n 70 n o N 241 _1 1 . Figure 8 Pacific Gateway Transportation 2010 P.M. Peak Hour Traffic Volumes Business Park-IV Engineeling With PGBP-IV NorthWest Kent,Washington ' and additional 1.2M sf on PGBP-1 at Study Intersections 1-1 b ALV"6 2M J - T i 1 TM Ave SIS 2121h St 76th Ave SIS 2121h St 771h Ave S(S 2121h St 1 E Valley Hwy/S 21M St i 67 H ~ 63 �' E—1 015 E—983 E—1,125 M 'I ro f—648 L25 �143 ) y �'146 i11I R` 49 330 1,690—3• • t 1 978—30 2064—Jr 1.737—> 8 305 -� '`' 394 N V N E Valley\HvrylS 208th St 1-5 NB RwvJS 188th St 1-5 SB Ramps,/S 1881h St SR 167 NB(S 2128,St N � 1470 1.780 n m a a^n 116 4 1,860 662 � !•` 222 3 mn� N 1.815 —0~ , —1• 1.80 -31 739 33 • 1 � 402 1 SR 167 SBIS 212th St 58Ih PI S/S 1961h St 72nd Ave SIS 196fh St 80th Ave SIS 196th St 35 w n a rmi 40 T N m O 1 4 5 633119 (72 F 450 14 i j 1.659—'0 16 1 t t0 /[ 186� 832 706-0 1,151—)r t 253---� 15-Y ;� o i E Valley HwylS t96th St Washngton Ave/VMhs St 42nd Ave S/S 2161h St 5901 PI S/S 2041h St ^ m 5 607 in T F_ ^ 505 5 t— f 239 � 1 18 � � L � 53 A 39 �— 108 �C 135 289 1 ir t 1 101 i N n i 1 093 131� n N m 131 1 59th PI S/S 208th St J i mm 287 } 345 t �l m r � i Figure 8 Pacific Gateway Transportation 2010 P.M. Peak Hour Traffic Volumes Business Park-IV Engineering With PGBP-IV NorthWest Kent,Washington and additional 1.2M sf on PGBP-I at Study Intersections 17-33 Aug 6101 ,i - i t - - I 1 {1 { Pad&Gateway Basil Park-IV Traffic Impxt Study Future Levels of Service 1 Future year 2010 level of service was analyzed at the 30 signalized study I 1 intersections, the roundabout, and the two future unsignalized intersections for f conditions with PGBP-1V and an additional 1.2 million sf on the PGBP-1 site. The channelization used in the LOS analysis was the same as the channelization illustrated in figure 4 The results of the horizon year 2010 LOS analysis with PGBP-fV and with an additional 1.2 million sf on the PGBP-I site are summarized in table 11 The f; results of LOS analysis with PGBP-1V only are also summarized m table 11 for comparison purposes rr As shown in table it, 13 of the 30 signalized study intersections are expected to operate at LOS E or LOS F m 2010 with PGBP-FV only The following two additional intersections are expected to degrade to LOS E or F with the t i development of PGBP-IV and the additional 12 million sf on PGBP-I- • 59'Place S/S 212`h Street(48) ,1 • West Valley Highway/James Street(#14) Therefore, a total of 15 signalized study intersections are expected to operate at LOS E or F with PGBP-IV and the additional 1.2 million sf on PGBP-1 m the horizon year 2010- Detailed level of service summary worksheets are provided in Appendix A � t 11 1 I I l l Trasspottatim Fagi ee g MorthWest 52 August 6,2003 t L1 i I { Pacific Gateway Buvnea Park-IV Trallic Impact Study t j Table 11 j Year 2010 Signalized Level of Service Summary With PGBP-IV and an Additional JIM sf on PGBP-1-P.M.Peak Hour 2010 with PGBP-IV+1.2 million 2010 with PGBP-IV square feet on PGBP-I t p Signalized Interactions LOS' Dela (See) V/Ga fASa Del (sec) V/Cy 1 1 r 1 6 Avenue S/S 196a Street C 33.8 071 D 438 077 i' 2 West Valley Highway/S 199d'Place' F 86.8 1.17 F >100 127 i 3 West Valley I-Ilghway/S 20e Street` C I&A 0.91 C 21-0 093 4 West Valley Highway/S 20e Street' F >100 1.15 F >l00 fig 5 West Valley Highway/S 212d'Street' F >too 125 F > 100 130 6 66°Avenue S/S 212"Street A 6.6 0.44 A 63 047 ; I 7 64d Avenue S/S 212*Street' D 41.6 0.93 D 442 101 1 I 8 59'Place S/S 2121d Street D 363 0.95 E 55-9 109 9 West Valley Highway/S 1966 Street' F 82 2 1-14 F 99.6 1 I8 to Orillia Road/S 200d'Street'5 F > 100 125 F > too 134 I I West Valley Highwayaodd Blvd' B 11.3 082 B 119 086 ; (; 12 West Valley Highway/S 190'Street A 8 1 0.80 A 88 084 l 13 West Valley Highway/S 228d'Street' B 183 0-98 B 18.9 090 ' 14 West Valley IGgbway/James Street' D 52.7 109 E 56.5 111 i } 15 West Valley Highway/Meeker St4•6 F 996 120 F > 100 122 u 16 42ad Avenue S/S 212d'Street' C 222 0.97 C 232 0 88 c 17 7Td Avenue SIS 21P Strece C 295 089 C 306 092 j 18 76"Avenue S/S 21P Street'6 C 305 0-95 D 356 098 19 77°Avenue S/S 212'S[eet'•' A 99 078 B 102 081 20 East ValleyILghway/S 21P Street'6 F >100 1-34 F >100 137 i4 21 East Valley ffighway/S 208d'Street F > 100 4 35 F > too 4.39 22 1-5 NB RaWs/S 188°Street' F > 100 163 F > 100 172 r 23 1-5 SB Ramps/S 188*Street' F > 100 1 32 F > too 135 l i 24 SR 167 NB Ramps/S 212d'Street" D 42 7 097 D 399 098 25 SR 167 SB RarnpVS 212"Street6 F >100 1 23 F >100 125 I 26 58'Place SIS 1966 Street B 145 071 C 21 7 076 1 27 72'd Avenue S/S 196 h Street B 152 054 B 15 3 056 1 28 80"Avenue SIS 196di Street' A 9-3 0.58 A 9.3 060 {[ 29 East Valley HighwaylS 196'Street' F 876 1 11 F 92.6 1 14 LI 30 West Valley Highway/Willis Si' E 702 1 13 F 71 5 1 14 1.05 raicidaims arc baud on methodology ounmed in the Highway Capawy Manual,2000 'For signaliud innssecAms,delay refers to avenge control delay fm the eonre miersectiM measured in sedvehicic 3V/C=Volume/Capacityfara I 4Interscclioo mdudes left-tum movements that u may exceed avaslabic storage al tunes Therefore thcrepmted LOS may nor reflect actual conditions 'Intersection of Onllia Rd/S 2006 St was analy-wd as a T-mictsection based on the west Icg of the rmessectim bemg a pnvale dwy for only three homes 'Analysis does riot imiude additional capacaty provided tpy HOV lanes therefore reported results could be omatdeted eooservanve [ Transportation t a.ngmeermg N«atWast 53 August 6,2003 li i I 11 Pacific Gateway Business Park-IV Traffic Impact Study Future operations of the roundabout at the intersection of 42"d Avenue S/S 216th f i Street (#31) were also analyzed for 2010 conditions with PGBP-IV and with an additional 1.2 million sf on PGBP-1. In 2010 with PGBP-IV only,all approaches are expected to operate with We ratios less than or equal to 0.88. In 2010 with PGBP-1V and an additional 1.2 million sf on PGBP-I,all approaches are expected to operate with v/c ratios less than or equal to 0.90. Detailed worksheets showing volumes and capacity calculations are included in Appendix A. I t Future operations at the two proposed unslgnalized intersections on 59th Place S }i were analyzed and summarized in table 12 below. As shown,the stop controlled , westbound left-turn movements at both intersections are expected to operate at LOS F with PGBP-rV and with or without an additional 1-2 million sf on PGBP-I. ' In addition, the westbound right-turn movement at 59th Place S/S 204`h Street is also expected to operate at LOS F with PGBP-IV and with or without an .t additional 1 2 million sf on PGBP-1. Table 12 ` Year 2010 Unsigualized Level of Service Summary with PGBP-IV and an t Additional 1.2M sf on PGBP-I—P.M.Peak Hour j 2010 with PGBP-IV+1-2 + million Square feet on 2010 with PGBP-IV PGBP-I 1 Delay, Delay' 9 Stop-Controlled Intersection LOS' (sec) LOS' (sec) 32 596 Place S/S 20416 Street i Southbound Left A 9.1 A 94 I Westbound Left F 992 F > 100 Westbound Right F 58.1 F 816 x 33 596 Place S1S 208t6 Street Southbomd Leff A 92 A 9.4 Westbound Left F > too F > 100 3 Westbound Right B 13 4 _ B 146 'LOS=Lcvd of Smii Delay=Connol Dclay mset�Gc ,z I ,1 I ,i Trarutwrtation Engmerring NonhWeri 54 August 6,2003 Padk Gateway Busntss PAN Tntfic impact Study Concurrency Transportation Concurrency was measured in five of the City's Mobility Management Zones (MMZs). The capacities of each of the arterials crossing the f ; MMZ boundaries and m the vicinity of cntical intersections and links were totaled to develop a MMZ arterial capacity. Similarly, the estimated traffic volumes t crossing the boundaries and in the vicinity of critical intersections were totaled i The ratio of volume to capacity was then developed and compared to the arterial threshold for the MMZ. Table 13 provides a summary of this assessment. As shown, each of the five MMZs analyzed are expected to operate better than the City's acceptable artenat threshold. Therefore, the full redevelopment of PGBP- IV and an additional 1-2 million sf on PGBP-I meets the City's concurrency t standards_ Detailed concurrency calculations are included in Appendix E ! 1 It should be noted that Boeing has contributed several mullion dollars towards multiple corridor projects to help work towards the goal of improved mobility throughout the City f. Table 13 Concurrency Assessment r I With PGBP-IV and an Additional 1.2M sf on PGBP-I i1 Arterial 2010 with PGBP-1V+12 million MQbiIitJM2JJ2gCMCntZOnC Threshold v/c t squaire feet on PGBP-1 v/c s 2 0.80 066 1 t 3 090 064 5 080 054 ' 9 0.80 051 i ' is 10 too 064 Note 1 Artcnal tlueshoid per City of Kent Municipal Code section 12 It 100 Mobility Management Zones and Standards v/c volunic/capaciry ratio I 4i l I I ;T 1 f: tTrampanation Engitteenng 1J«ibWest 55 August 6,2007 1 ! u - Padk Gateway Du9ness Park-IY Trat&Impact Study Queuing Analysis Per the request of the City,the adequacy of left-turn and right-turn queue storage was assessed at the 30 signalized study intersections with PGBP-IV and with an e additional 1-2 million sf on PGBP-I. Per the City's request, the queue lengths were rounded to the nearest 25 feet. A summary of the anticipated 95d'percentile r queue lengths for left-tum and right-turn movements at the 30 signalized study i intersections is included in Appendix F. The queue calculation worksheets are also included in Appendix F. 1 As shown in Appendix F, there are 42 movements (at 22 of the 30 signalized t study intersections) that are anticipated to exceed the available queue storage in 2010 with PGBP-IV and with or without an additional 1.2 million sf on PGBP-1. , t Per the request of the City of Kent,vehicle queues were also estimated at the two proposed unsignalized intersections on 59" Place S at S 204" St and S 2081' St based on Highway Capacity Manual methodology. A summary of the anticipated 951e percentile queue lengths for left-turn and right-turn movements at the two unsigualized intersections with PGBP IV and an additional 1.2 million sf on PGBP-I is included in Appendix F. Since these are future proposed intersections, it is anticipated that the future channehzation would be designed to accommodate [ the anticipated queues. � s Improvements for Consideration JLOS improvements for consideration, in addition to those identified in table 8 were identified at LOS E or F study intersections with PGPBAV and an additional 1.2 million sf on PGBP-I The additional improvements for consideration are t shown in table 14 Level of service calculations are included in Appendix H. k ,i n -1 ITranspwution Engineering N«tlrWesr $6 August 6,Z003 ! Pacific Gateway Business Park-IV Traffic Impact Study ^I Table 14 Additional Intersections Expected to Operate at Level of Service E or F 1 With PGBP-IV and an additional 1.2M sf on PGBP-I 2010 Wilk PGBP-IV .ad Addrtmoal L2M sf lodastriol Park oa 2010 Wnh PGBP-Nand Addniooa1 JIM sf ladustrsal Pads 2010 Wnh PGBP-1V PGBP-1 0o PGBP-1 and Im ravraeats Oufined Bdoa Improvcmeof for s'oali"laterseclsou LADS Delay VIC LOS Dday W LOS Dda VC CowiduMfeo/Commut #d S 212a Stl59'a PIS D 163 095 E 55 6 109 D 497 099 Canstma addmmtad sood"Und leB-lino laoe and modify s�gtal phaang to Include northhouth W m 914 lames SUWat Vallry D 52 7 109 E 571 1 11 D 477 104 Construct seulMlound n&d-lum ft Hchway lam May repucaddruonairight of way There are seventeen movements(at 13 study Intersections)with improvements for consideration Identified In table 9 for which the 95 h percentile queues are expected to increase with the fall redevelopment of PGBP-IV and an additional 1.2 million sf on PGBP-1. The movements where queues are expected to increase t are summarized in table 15. There are 25 other movements(identified in table 9) 1 that are not expected to increase as a result of the fall redevelopment of PGBP-IV and an additional 1 2 million sf of industrial park on PGBP-1 t Inlentionally left blank r t� 1 4. Transportation Engttteermg Northwest 57 Attkuu 6,2003 Pacific Gateway Busine z Park-IV Traffic Impact Study Table 15 Additional Storage Required at Locations with Queues Exceeding Available Storage With PGBP-IV and an additional 1.2M sf on PGBP-I t PM Pak Hour 95th Percentile Outue Dtmaad ft 2010 With PCBP-IV and Change I Additional 12M sf with Signalized Existing 2010 with Industrial Park oa Add'1 Improvement for Intersection Movement Storage(fQ PGBP-IV PCBP-1 1.2M sf Coosidcnuon/Commem 01 S 196th Eastbound Ids 225 275 So Storage for eastbound right- t SV62'i Ave Right, turn movement not aaical to - operatmms of totersection Queue exceeding storage area may spillover into easthound through lent Northbound 400 525 700 175 Emend dual left-turn-lanes to �- Left(duals), (per[me) (per Tarn) (per lane) provide 700'of storage(each laot) -- 92 S 19911% Northbound 150 175 250 75 LcB-rum Lane extends udu PUWest Valley Left, cxsstmg TWLTL Queue Highway would extend less than 300' min T WLTL—therefore OK' 07 S 212th Northbound 200 475 500 25 Modify landscaped traffic SV64th Ave S L.tftt island to piovrdc 500'of , storage jWestbound 60 325 350 25 Rcstrrpe S 212a Street between Ltft, 64a Ave S and 66o Ave S to mclude aTWLTI_ Queue ' would maend less than 300 into TWLTL—therefore OK, k9 S 196 Eastbound 200 35O 475 125 For EB,WB,and TIF3 Lcft- StfWest Valley Lefi, turn lanes extend into existing Highway center two way left-tan lane Westbound 200 475 500 25 (TWLTL) Queues would Left, tatend less Nan 300'uuo TWLTL—du rc(ore OK, if 10 Oritha Southbound 300 375 400 25 Dual SB kft-tum lanes Rd/S 20&St Left(dual), currently auL Extension of dual SB kft-mm lanes may require additional right of way 914 James Soudd ound 340 450 475 25 Dual SB left-nim lanes ., Si/West Valley Left(dual), (per lane) (Pa laic) (per Laic) (per Lane) currently awe Fee cnsioo of Highway dual SB left-tum Lana may require additional right of way 0I5 Meeker Eatbound 250 300 325 25 Left-turn hurt extends Into ' Street/West Left, cxisimgTWLTL Queue Valley would extend Less than 300 ' ` Highway into TWLTL—therefore OK, i 018 S 212 NOMbound 165 225 250 25 Left-tun lane extends into streeUl6a Left, cx ting TWl-TL Queue Avenue S would extend less than 300' into TWLTL—therefore OK, Note- ,Movem"also identified as deficient with development of PGBP-IV only 58 Augmt6,2003 TranslarutaWn ErlgirleeringN«thWesa 1 Pacific Gateway Business Park4V Traffic Impact Study ' Table 15(continued) Additional Storage Required at Locations with Queues Exceeding Available Storage With PGBP-IV and an additional 1.2M sf on PGBP-I PM Peal Hour 95m Peruntile neuc Dcuaod R �' 2010 With PCBP-IV and Change Additional L2M tf with Stgnaliud Existing 2010 with Industrial Park on Add'] Improvement for i Intersection Moveuctit Storrs e Iftj PCBP-IV PGBP-1 L2114 sf CowsidenhoodCona at 02e S 2120 Northbound 250 475 500 25 Left4tan laneewnds mb StrectlEasl Left, exssungTWLTL Quetse ! Valley would cMasd less than 300' t Highway into TWLTL—therefore OK' d21 S 2og6 Southbound 315 1 000 1,025 25 To improve the level of SUEasl Valley Left' service,modifying the cast/west Hwy phasing to include permitted klt- tart phasing should be considered This improvement would result in a southbou d k61pm quctx of 900'-Re- stripe left-turn lane to provide j 600'of gatcuc stwagc TWLTL exists beyond turn Itme. Queue would extend less than 100'into TWLTL— therefove OK, #22 S W& Westbound 70 2,450 2,700 250 Queue exceeding storage coa c SO-5 WB Rtghtl would spillover into westbound J Ramps through lane(2 enough lanes cxtst 923 S IS Westbound 170 900 923 25 WB left storage limited by Ell ' < Stl1-5 SB Left, left-turn storage for 1-5 NB - Ramps ramps Southbound 215 800 825 25 Queue exceeding storage area Left, would be accornmodalcd by single We off ramp t 930 Westbound 235 825 %so 25 Westbound ngM4urn queue Washington Right' limited by SR-167 sottthbound Me/Willis St ramps Note ' 'Movement also identified as deficrem with development of PGBP-IV only rt _r ' -I 59 Augur 6,2003 raruportalion engineering Northwest el - _r"• Pacific Gateway Business Park-IV Traffic Impact Sh* ANALYSIS WITH RESTRICTED ACCESS Per the request of the City of Kent,an additional analysis at the study intersections adjacent to the project site (study intersections #1 - #9) was completed for a scenario in which access to and from the PGBP-IV site would be restricted to the signalized intersections of West Valley Hwy/S 204a St and 64'h Ave S1S 212d'St. ' Future 2010 p In. peak hour traffic volumes used in the analysis included trips from the scenario with PGBP-IV and an additional L2 million square feet of industrial park on PGBP-I The net trip assignment of PGBP-IV project trips with restricted access is shown in figure 9. Figure 10 includes the total 2010 p.m. peak hour traffic volumes with PGBP-IV and access restrictions. Future Levels of Service and Queuing The future year 2010 LOS at the[tine signalized study intersections adjacent to the site under the restricted access scenario is summarized in table 15. As shown, , five of the tune study intersections are expected to operate at LOS E or F without access restrictions With access restrictions,three intersections would continue to operate at LOS E or LOS F,two intersections would improve from LOS F to LOS ' B, one intersection would degrade from LOS C to LOS F, and one intersection would degrade from LOS D to LOS F. The detailed level of service calculations are included in Appendix A Table 16 Year 2010 Signalized Level of Service Summary with PGBP-IV+Additional 1.2M sf Industrial Park+Restricted Access—P.M.Peak Hour 2010 With PGBP-IV and 1.2M sf 2010 With PGBP-IV and 1.2M Industrial Park on PGBP-1 and sf Industrial Park on PGBP-1 Restricted Access Signalized intersections LOS' Delay(sec) V/Cs LOS' Dela sec V/C' 1 62m Avenue S/S 1966 Street D 43 8 077 C 29 1 0.71 2 West Valley Highway/S I"9 Place F > 100 1-27 B 181 084 3 West Valley Highway/S 204i6 Street' C 21 0 093 F > 100 177 4 Wes(Valley Highway/S 2W Street' F > 100 1 18 B 182 0.87 5 West Valley Highway/S 212m Street' F > 100 1.30 F >too 1 38 6 66°Avenue S/S 212ih Street A 63 047 A 67 058 , 7 64&Avenue S/S 212i6 Street' D 442 101 F >100 131 8 59a Place S/S 212"Street E 55 9 109 E 57.7 1 13 9 West Vallg Hi wa /S 1966 Street' F 996 L18 F > 100 166 'LOS calculations are based on methodology outlined in the Highway Capacity Manual,2000 aFor signalized intersections,delay refers to avenge control delay for the enure intersection,measured in setivehicle 'VIC=volumHCapacgy ratio 'inlmectron mcludes left-nim movements that may exceed available storage at luncs Thcreloteftreported LOS may not rcitm actual conditions • Transportation Engneerng NwthWest 60 August6,2003 i 62nd Ave S/S 196th St W Valley Hwy/S 19M Pt W Valley Hwy/S 204th St W Valley Hwy/S 208th St N 7 N t—467 E—it ' (25) (2) (114) ,�„ 15)-� 0 176- " N (42)­,lk " ry W Valley HwylS 2121h Sl S 196th St S 199th PI 254 $200th S[ :l\\ '�\'\ i\ Q 103 ji 66th Ave/S 2121h St � �� c �,S 2041h Sty r � i✓ (t) 74 3 \` (12) E , a •`\ ., ° Fj 64th Ave S/S 2121h St i 1 • m e� rn 103 $2I2th St r � Y /r--(12) Not to Scale 60 (47)n--� W Valley Hwy/S 1961h SI 59th PI S/S 212th St ^/�J N m ` t 33 245 F 245 33 LEGEND (3)—> r o 48—11. t— 35_ Net mvease m P M Peak Hour Tnps m m r 177� v N of (35)- Nel decrease m PM Peak Four inps Figure 9 Pacific Gateway Transportation Assignment of Net New Business Park-IV � Engineering g Northwest P.M. Peak Hour Trips Kent,Washington ` with Restricted Access �6 , M 62nd Ave SI S 1961h St W Valley Hwy/S 19614 SI m 7 � m � 1 ~:59 1 213 48 A 374� 374 _F 11 1 249- * R 7 1 394—• t 1 1 32_" n o t n 1 n a m 32 < N 360--'A at 1n i W Valley Hwy/S 19901 A } rf era 38 i NOL 5 196[h S[ 0 zp , Fr Q 272 i = S 199th PI p-0 ' 257 INR . Q } ;; \ `. '.•`;,. m W ValleyHwy/S 2041h St 1 404-� R 114 o r o 433 S 208th St W Valley Hwy/S 2081h Sl 84 f S 212th St zp Not to Scale 0 o 591h PI S1 S 212M St 64M Ave S/S 2121h St 66111 Ave/S 212111 St W Valley HwylS 212M St 0 � n 117 168 13 241 _ 2035 n r -0 1,058 0 0 1,380 ri ^ t—696 15 �!'�'256 r 17 1/ e—185 47 ( 169 1 25 t 1 404 1 1 1495�1' n o m 1 228—� n r 2101�� m o m 989 25 '� 506 rm, ' `r 1 -187 v n N Figure 10 Pacific Gateway Transportation 2010 P.M. Peak Hour Traffic Business Park-IV Engineering Volumes With PGBP-IV Northwest and additional 1.2M sf on PGBP-I Kent,Washington with Restricted Access 16 , Pacific Gateway Business Park-IV Traffic Imp act sway i Vehicle Queues were also determined with the restricted access scenario. As a result, 14 movements at the nine study intersections are expected to exceed the existing available storage_ A summary of the anticipated 95"' percentile queue 1 i lengths for left-turn and right-turn movements at the nine signalized study intersections and the queue calculation worksheets are included in Appendix F. ' In 2010 with the restricted access scenario, the signalized intersections of West Valley Highway/S 204ih Street (0) and 64"' Avenue S/S 212"' Street (97) are anticipated to degrade from LOS C and LOS D,respectively,to LOS F during the p.m. peak hour. The intersections of West Valley Highway/S 1961" Street (#9), West Valley Highway/S 212'h Street(#5) and 59t° Ave S/S 212`h Street(#8) are also anticipated to operate at LOS E or F with the access restrictions in 2010- Given the redistribution of PGBP-IV trips with the access restrictions, there are ' some queue lengths that are anticipated to improve as a result of access restrictions. However,there are a number of anticipated queue lengths that would increase as a result of the access restrictions The 95'h percentile queue for eastbound left-turns exiting the site at S 204"' Street is estimated to increase from 175 feet without access restrictions to over 2,000 feet with access restrictions. At 64"'Ave S, the queue for southbound left-turns exiting the site is estimated to be 900 feet(150 feet without access restrictions)and the southbound right-turn queue exiting the site is estimated to be 700 feet(75 feet without access restrictions). i Additionally, the queue for the eastbound left-tum at S 212'h Street/West Valley I Highway is estimated to increase from 300 feet without access restrictions to 675 feet which would extend to near the 66"' Ave S on S 212"' Street and block the turn pocket for westbound left-turns into 661h Ave S. The queue for the northbound left-turn at S 196`h Street/West Valley Highway is estimated to be 1000 feet with access restrictions compared to 250 feet without access restrictions Therefore,the northbound left-turn queue would extend to S 199'h Place on West Valley Highway and block the turn pocket for southbound left-turns into S 199' 1 Place To improve the operations with the restricted access scenario, additional access points with gates would need to be provided to better distribute entering and exiting vehicles to the PGBP-IV site_ r Transiwtawn Enganeerkw NorthWest 63 August 6,2003 C EXHIBIT 15 Pacific Gateway Business Park Transportation Entitlement' PM Peak Entitlement Hour Trips Notes Existing Uses 2,862 As documented in PGBP-iV TIA(8/6/03). PGBP-1 NA No longer part of PGBP site PGBP-11 743 As documented in PGBP-11 TIA(611/0t) ' PGBP-111 NA No new trips generated PGBP-IV 1,297 As documented In 0103 PGBP-lV traffic stud . ' 4,902 PM Peak Hour Vehicle Trips Nole 7 7aW PM Peak Iron b"anGkd for area generally bowxled by Wesl Valley Nghway,S 21211 St,591h Place S, ands 199111 Place I 1 t 1 1 t i 1 ' - Page 1 of 3 Pacific Gateway Business Park (PGBP) Entitlement Check Worksheet De$crlptlonfPurpose: , This worksheet is to be used to determine d a the land use on the Pacific Gateway Business Park site(as defined in Exhibit A)is within the approved entitlement established by the Development Agreement for the PGBP site(4,902 p in peak hour trips). Tracking for Compliance with the "Trip Cap"as defined in the Development Agreement will be determined using the trip generation rates in the table below as permits for uses within the PGBP site are submitted Instructions: ' t Enter the total building area within the PGBP site as defined in Exhibit A 2 If the p.m peak hour vehicle trips are less than 4,902 then"PASS" 3 If the p.m peak hour vehicle trips are greater than 4.902 then"FAIL" Total Land Use on PGBP Property - Defined in Exhibit A ENTER THIS DATA, PM Peak Hour Trip Building Area Rate PM Peak Hour Land Use (squarb feet' (per 1,000 SF) Trips Office 0 1.28 0 Warehouse 0 0.51 0 Industrial Park 0 0.74 0 Manufacturing 0 0.74 0 PM Peak Hour Vehicle Trips = 0 Entitlement Check = PASS page 2 of 3 r, / L 1 S 196N Street 1 a °a c a c n a ♦ S 19M FUm • V tm 3 r e • S 2041A Street i 1 1 1 W�lll1 1 0 1 1 1 1 1 1 1 . Irl m P�1 lC 1 1 lo`S �% • O ♦ i�♦ S 21M Street i a ei 6 S m Site plan proMded by Bapllausan Gonsultrrg Er,pirbele 9I1207 Boundary of PGBP iTransportadon Exhibit A iNongineest, g Pacific Gateway Business Park Kent, 'Washingm(PGBP) Boundary s N*w lk 20ai Page 3 of 3 i EXHIBIT 16 y y 0 g Y �h `D V Gcc O G F O 0. ; 6 r0i C y � V O R V W L W 6 L 3 yY V L m O a$ v v a � S o om -2 � a ° ° E `o •O 5 � W a a S v s W v 5 m v �' c E bore6. d �r c u B j W E „ a [s. u ou 0 o u E = O ta C V C O O 'CO O A r L O v F• � c O O 3 vAi Qi C m O v v u a v a o E v F —O p 5 O V U t V O > C C C AC OC 5 O o 3 o F a U ❑ ` u m a v ,,cuc o o n 2 i i EXHIBIT 17 TRAFFIC CIRCULATION PLAN i I II � ► I ) S Will 0 300 600 1200 — I 1 I iPOI T OF CONNECTION (TYPI AL) 1 iSO 204ih ST fin 5 I � i 1 i o 0 zoau, 4 i I D< Y m Z c m T TT S 21M STFEET —J POINT OF CONNECTION i INTERNAL CIRCULATION ACCESS ROUTES EXHIBIT 18 20030123000744 PACIFIC Nu TIT EAS 36.00 Return Address PAGE 001 OF 018 a1/23/2003 10.09 Barghausen Consulting Engineers, In KING COUNTY, uA c/o Jay Grubb 18215 12nd Ave. S. Kent, WA 98032 ' Document Title(s)(or transactions contained therein) `N3(a QN\IJ T L Easement Agreement 2 Wt09� - �a ' Reference Number(s)of Documents assigned or released: (on page_of documents(s)) Granter(s)(Last name fast,then first name and urinals) 1drmtArtreM{sj)were fileC Rx I The Boeing Company -MOrd by Patric Northwest Title as 2. a0 ommodation only it has not beer erarn:neo as to proper exe(Njikw,or 3. Additional names on page_of document PS to Its aff act upon Y;s Grantee(s)(Last name first,then first name and initials) ' 1 Ctty of Kent 2 ' 3_ Additional games on page—of document Legal description(abbreviated r.e lot,block plat or section, townslup,range) PfN L-1-5 2-t 4- f8Y L t� .i ,v�scd., rCCv i' ✓M Full legal is on page_of documeN Re-�`A:'�( l No 7 o c 1 o¢(a t y Ut L-E , R L LL t Assessor's Property Tax ParceliAccoun[Number 022204 '1019 'j021 0r4-°I0hZ;022204-101o3 0222 04 01 Olt,q;07TZ0q-,100q;02220%4-g06(P O Z2 104-101a7,022204-r10to f3;tl220rf-gOgg EXCf / UNIRI UiRED g Ron UY EASEMENT AGREEMENT—PACIFIC GATEWAY DIVISION 11 iGrantor. The Boeing Company Grantee- City of Kent Abbreviated Legal Description Full legal description is on Exhibit A Assessor's Tax Parcel No . 002 ..2�0,,�1-9019-o22Zoy-90b2,o222o4-`1oto3 o�si6N- o y; Li12o -90f.5: as' o�-9ar.b 04 90b7. 12204.9ob8itt2p�4-9o8$ Tins Easement Agreement ("Agreement') is made as of the day of 2002, by and between THE BOEING COMPANY, a Delaware corporation ("Grantor"), and the CITY OF KENT,a municipal corporation of the State of Washington("Grantee") RECITALS A. Grantor is the owner of certain real property ("Property"), known as Pacific Gateway Division U, located in the City of Kent, King County, Washington, consisting of Lots 1-9 of the Pacific Gateway Division 119-Lot Short Subdivision recorded simultaneously herewith as No in the Records of King County, Washington ("Plat") The Property is more particularly described on EXHIBIT A attached hereto. Grantor intends to sell or lease lots within the Property for development B_ Access to the Properly is provided by West Valley Highway on the east and South 212"'Street on the south,both of which are principal arterial streets in the City of Kent, as shown on the Plat C. In connection with Grantee's approval of the short subdivision that created the Property, Grantor has agreed to grunt to Grantee a non-exclusive 100-foot wide easement ("Easement") along the eastern and southern boundaries of the Property, in the locations shown on the Plat and as more particularly described on EXHIBIT B attached hereto ("Easement Area"), for the purposes and subject to the temps and conditions described below. 1 D. Grantoi is willing to convey the Easement to Grantee as fulfillment of one of the conditions in the proposed MDNS, attached as EXHIBIT C, subject to the terms and conditions contained in this Agreement The parties acknowledge that there will also be conditions imposed through the short subdivision process and at the time of development of individual lots, however, developer will have to provide a SEPA checklist and site specific proposal wtuch may result in a SEPA addendum under WAC 197-1 1-600, or a new threshold determination may be issued EASEMENT AGREEMENT PAGE I Irseo201400221 Doc) 12119102 AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows- 1 Grant of Easement Effective upon and simultaneously with the recording of the Plat, Grantor hereby conveys and quitclaims to Grantee the Easement, as more particularly described in EXHIBIT B and as shown on the Plat- The Easement is a non-exclusive easement,subject to all matters of record, granted to Grantee for the purposes of(a)maintaining,repairing, and operating the existing channel and water course located within the Easement Area("Channel"), (b) ingress and egress to the Channel from West Valley Highway and South 212"i' Street, (c)drainage utility enhancement, and (d) vegetation, planting, and other habitat restoration, including the right to cut and keep clear obstructions within the Easement. It is contemplated that Grantee will, in the exercise of its rights under this Agreement, widen and reconstruct the Channel within the Easement Area, minimize erosion problems and provide riparian plantmgs (collectively, the "Channel Improvement Project"). Grantee shall use due care in the exercise of its rights created under this Agreement and shall comply with all applicable laws, regulations and rules of all governmental agencies having jurisdiction and the conditions of any pennit or license of any governing body All work to be performed by Grantee in the Easement Area pursuant to this Agreement shall be completed in a good and workmanlike manner, free of claims of liens. Grantor retains the right to fully use and enjoy the Easement Area, including the right to use the surface thereof, to the extent such use does not interfere with Grantee's rights hereunder. 2. Improvements in Easement Area 2.1 Channel Improvements Except as expressly provided in Section 6 below, Grantee shall be solely responsible for any work or other improvements it desires to make within or to the Easement Area, including the Charnel Improvement Project, at Grantee's sole cost and expense Grantee agrees that the two fish screens currently located in the Channel will remain in place in accordance with agreements made by Grantee with other agencies with jurisdiction during construction of the Green River Natural Resource Area Grantee will not relocate or remove the fish screens unless required by other agencies with jurisdiction EASEMENT AGREEMENT PAGE JIS00201400221 DOCI i2/19102 2.Z Landscaping; Maintenance Grantee shall be solely responsible for all landscaping within the Easement Area, including the maintenance of existing landscaping. Prior to the commencement of any landscaping work, Grantee will provide copies of planting plans to Grantor for review and comment, but Grantee will make the final decisions on landscaping. Grantee agrees that EXHIBIT D attached hereto, contains representative examples of landscaping and planting that will be used by Grantee. Grantor has the option to pay for any landscaping within the Easement Area, and receive in return a credit for such work toward any applicable yard landscaping requirements imposed on development of the Property. Grantor has the right to exercise this option only if Grantee will be installing the landscaping in the Easement Area within one (1) year of the yard landscaping requirements having to be satisfied by Grantor Grantee, may, in its sole discretion, waive this one (1) year time limit and allow payment beyond one(1) year. If the time limit has expired, Grantor may install landscaping in the easement area to satisfy yard landscape requirements. Grantor's landscape plan shall be consistent with EXHIBIT D and Grantor must obtain prior approval from Grantee for the plan 2.3 Culverts Grantor shall, by no later than one (1)year after written notice from Grantee and approval by Grantee of a) the Plat; and b) the approved construction plans for the Plat,install i' and construct two new culverts (dry) at the Plat's access connection to West Valley Highway and South 212"' Street in order to acconimodate the City's Channel Improvement Project The culverts shall be built, outside the ordinary high water mark of the existing Channel and shall comply with City of Kent and other regulating agencies' requirements as necessary The existing culverts in the Channel, located at 66"'Avenue and South 208'h Street, shall be abandoned in place or removed by Grantee in conjunction with Grantee's work. If any work of Grantee required by this Agreement requires additional approvals or permits from other governmental agencies, Grantee shall obtain all such additional approvals or permits 2.4 Signage The grant and creation of the Easement shall not limit or otherwise impair signage allowed for under Section 15 06 of the Kent City Code West Valley Highway and South 212'h Street shall be considered as street frontage for signage purposes, but Grantor agrees that signs shall not be located withm the Easement Area without the prior approval of Grantee, which approval will not be unreasonably withheld. EASEMENT AGREEMENT PAGE ttseo2451400221 DOC) I2vi9102 y 2.5 Future Crossings The grant and creation of the Easement shall not preclude the creation of additional crossings of the Channel by vehicles, bicycles, or pedestrians- The decision by Grantee to permit any such additional crossings will be governed by and subject to applicable laws and regulations of the City of Kent, including, but not limited to, crossing, traffic safety and Channel hydraulic issues. 3. Setbacks; Lot Coverage Grantee acknowledges and agrees that the interior boundaries of the Easement Area (i.e., the boundary lines located 100 feet west of West Valley Highway right-of-way and 100 feet north of South 212u' Street right-of-way as established in the Plat) shall be and constitute the maximum stream setbacks required for site development on the Property. For purposes of determining maximum lot coverage to connection with development of the remainder of the Property,the Easement Area shall be included in all calculations of the gross lot area 4. Stormwater Detention a. Development or Redevelopment of the Property For the purpose of computing any and all future stormwater detention requirements for development or redevelopment within the Property,Grantor shall be allowed to use any of the following methods at Grantor's election: 1- The "Valley" criteria as outlined in Section 5.9 2 of the City of Kent Construction standards(Ordinance No 3117) u. The Santa Barbara Unit Hydrograph method using level pool routing and limiting the peak rate of runoff for the post-developed 100-year storm event to the pre- developed two-year storm event runoff with a 30"/o safety factor The existing impervious surface areas shall be assigned the corresponding runoff Curve Numbers for computing the pre-development runoff. iii- Any other methodology acceptable to the Grantee in effect at the time of development and/or redevelopment of the (Property or the] Space Center Site (Lot 6 of the Large Lot Segregation recorded as No. 19990730000263 in the records of King County, Washington). The existing impervious surface areas shall be assigned the corresponding runoff Curve Numbers for computing the pre-development runoff EASEMENT AGREEMENT PAGE JIS80201400221 DOC) 12/19/02 4, S- b. Development or Redevelopment of the Space Center Site For the purpose of computing any and all future stormwater detention requirements for development or redevelopment of the Space Center Site,Grantor shall be allowed to use any of the methods listed at subsections i,ii,iii above unless otherwise required by another government agency or by future changes to Grantee's stormwater standards that apply city- wide. 5. Flood Storage Credits Grantor has the option to use the Easement Area to meet all or part of its flood plain compensatory storage requirements for the Space Center Site. These requirements would be built in the Channel in excess of the capacity needed for the stream. In lieu of compensatory storage, Grantor may make a payment to the City in an amount to be determined by the City based on cost estimates. Grantor has the right to exercise this option only if Grantee will be starting construction of the Channel Improvement Project within one(1)year of the Grantor's storage requirement having to be satisfied by Grantor,or as agreed by the Grantee- 6. Wetland Mitigation Grantor may use the Easement Area to fulfill any wetland mitigation obligations required by the City or any other permitting agency as a condition of filling of wetlands within (i) the Property, (ii) the Space Center Site or (iii) that certain property owned by Grantor and known as Pacific Gateway Business Park (and consisting of Lots 1-5 of the Large Lot Segregation recorded as No. 19990730000263 in the Records of King County, Washington); provided that such mitigation and any related wetland enhancements are in accordance with a Wetland Mitigation Plan approved by the City. 7. Vesting of SEPA Disclosure The parties agree that, pursuant to Washington Administrative Code section 197-11-340, so long as the Plat is not altered or amended in a way that significantly impacts the Channel, further disclosure of Plat impacts under Resolution 1605 or otherwise shall not be required. Subsequent development of individual lots shall be subject to environmental review pursuant to SEPA,but shall not be subject to Resolution 1605. 8. Indemnity Grantee shall indemnify, defend and hold harmless Grantor from and against any and all liability, loss, damage, expense, actions and claims, including property damage and personal injury, including death, and including court costs and reasonable attorneys' fees, whether or not a lawsuit is instituted, asserted against or incurred by Grantor that anse directly or indirectly from the acts or omissions of Grantee or its employees, contractors, EASEMENT AGREEMENT PAGE JISBO201 4002 2 1 DOCI 1209102 agents,tenants,invitees,or licensees,in the use and occupancy of the Easement and any other exercise of Grantee's rights hereunder. 9. Binding Effect The rights and obligations of the Grantor and the Grantee shall run with the land and inure to the benefit of, and be binding upon, Grantor and Grantee and their respective successors and assigns; provided, however, that the rights, benefits and credits available to Grantor under Sections 4, 5 and 6 above are solely for the benefit of The Boeing Company and shall not inure to the benefit of subsequent owners of any lots comprising the Property. 10. Satisfaction of Conditions The execution and delivery of this Agreement and Grantor's performance of its obligations hereunder shall constitute full and final satisfaction of its obligations, if any, and the obligations, if any,of its successors and assigns, including,without limitation,purchasers, and users of the Property and lots in the Pacific Gateway Division H, for adverse impacts relating to the City's resources, facilities and services, its fish and wildlife habitat, and its open space and (food control resources, services and facilities resulting from the creation of Pacific Gateway Division H f Subdivision File No.SP 2000-221, pursuant to current City of Kent rules and regulations relating to subdivision of property. 11. Payment Except as otherwise provided in this Agreement, Grantor shall be obligated to pay in full any amount Grantor has agreed to pay Grantee under the terms of this Agreement within 60 days of request by Grantee_ 12. Governing Law This Agreement shall be governed by the laws of the State of Washington and the venue for any litigation arising hereunder shall be King County, Washington. 13. Attorneys' Fees Should a claim related to this Agreement, or the subject matter thereof, be litigated in a dispute between Grantor and Grantee, the substantially prevailing party shall be entitled to reimbursement of reasonable attorneys' fees by the substantially nonprevailing party 14. Notices For so long as The Boeing Company ("Boeing") is the owner of any portion of Property in the Plat, notice to Grantor shall be given in writing by personal delivery or by certified or registered mail, return receipt requested, at the address set forth below. Following conveyance by Boeing of any portion of the Property in the Plat, any notice to be EASEMENT AGREEMENT PAGE t/se0201400221 DOC] t2/19r02 i 4` 7 given to any subsequent owner hereunder must be in writing and may be given by personal delivery or by mailing the same by registered or certified mail,return receipt requested,to the owner at such address as each owner shall designate in a writing delivered to the City. Notice to the City shall be given in writing by personal delivery or by certified or registered mail, return receipt requested, at the address set forth below. GRANTOR: GRANTEE: The Boeing Company City of Kent Philip W.Cyburt Public Works Department Vice President 220 Fourth Avenue South Kent, WA 98032 P_O.Box 3707 IF-58 Seattle, WA 98124-2207 with a copy to: Gerald Bresslour Counsel Office of the General Counsel The Boeing Company P O.Box 3707 MC 13-08 1 Seattle, WA 98124-2207 15. Exhibits The following exlubits are attached to and made a part of this Agreement by this reference. EXHIBIT A - Legal Description - Property EXHIBIT B Legal Description - Easement Area EXHIBIT C - MDNS EXH®IT D - Planting Plan 16. Modification This Agreement shall not be modified or amended orally,or in any other way, except by written agreement executed by both parties [the remainder of this page is intentionally left blank] EASEMENT AGREEMENT PAGE tise0201400221 DOC) 1 v19/02 1 THE BOEING COMPANY,a Delaware corporation By Mh ryburt\-Authorized Signatory Vice Pent,The Boeing Company , APPROVED AS TO FORM: THE CITY OF KENT,a municipal corporation of the State of Washington By e� By Kim Pratt Name. V City Attorney Title: C W00k, �A')IvedbT 1 i i 1 s 1 EASEMENT AGREEMENT PAGE 9 (/SB0201400221 DOCI 12l19/02 I State of California County of Orange On December 23, 2002, before me, T S. Wertner, Notary Public, personally appeared Stephen J. Barker. I certify that 1 personally know that Stephen J Barker is the person who appeared before me and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Authorized Signatory of The Boeing Company to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. ET S weRTwER WITNESS my hand and official seal _ Garrison i 1349642 i My Comm Exyuu Apr 6.2000 i I s r STATE OF WASHINGTON ) )SS. COUNTY OF On thisTflday of ,,{ 2003, before me, the undersigned, a Notary Public in and for the State of Washm ton,duly commissioned and swom, personally appeared PD A 6. JA/i�lcs{-ro� , to me known to be the person who signed as r,L(<i LJe.-kj Arr•cay.— of THE CITY OF KENT, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said officer of the municipal corporation, that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said municipal corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written" Y ice, SAt1 <r = (Signature of Notary) r\�O..� Y �.. . a � FR/{N 2EWE�-�-- N••-^ V0�' h0 - y� (Print or stamp name of Notary) OF WJLV% NOTARY PUBLIC in and for the State of Washington,residing at;7 ico. 'g My appointment expires I Z-69—64- i EASEMENT AGREEMENT PAGE 10 t/S00201400221 DOC] 12/19/02 i i �r EXHIBIT A BOEING SPACE CENTER LARGE LOT SEGREGATION-LOT 4 AN of Lot 7 and all those portions of Lot 6 of City of Kent Large Lot Segregation,as recorded under Recording No.20010608001505,Records of King County,Washington,more particularly described as follows: BEGINNING at the Southwest corner of said Lot 7, THENCE North 000 55'24"East along the West line of said Lot 7, a distance of 1,252.05 feet to the beginning of a non-tangent 450 00-foot radius curve to the right,from which point the radius point of said curve bears North 140 44'35"East,450.00 feet distant; THENCE along the are of said curve,passing through a central angle of 02° 17'23',an arc distance of 17-98 feet; THENCE North 720 58'02'West, 121.41 feet to the beginning of a 389 00-toot radius curve to the felt, THENCE along the arc of said curve,passing through a central angle of 170 01'58%an arc distance of 115.64 feet; THENCE North 900 WOO'West, 141 62 feet, L THENCE North 000 WOO'East,78894 feet, THENCE North 890 56'49'East, 1,630,88 feet to the Westerly margin of SR-181, THENCE Southerly along said Westerly margin to the Northerly margin of South 212th Street, THENCE Westerly along said Northerly margin to the POINT OF BEGINNING i i r i i i Project Name Boeing Space Center May 29,2002 Revised. June 7,2002 RWGlatfYss 100591.007 wpd I t EXHIBIT B SHEET 1 OF 2 LEGAL DESCRIPTION BOEING DITCH EASEMENT The East 100 feet and the South 100 feet of Lot 4 of Large Lot Segregation of a portion of Sections2 and 11 in Township 22 North, Range 4 East, Willamette Merman, according to Segregation recorded under Recording No 20020813001046,in King County,Washington; TOGETHER WITH the South 281.5 feet of the East 100 feet of Lot 2 of said Large Lot Segregation; TOGETHER WITH the South 100 feel of the East 856 5 feet, as measured along the South line thereof,of Lot 8 of said Large Lot Segregation 1 Project Name Pacific Gateway Business Park September 12,2002 77451-007.doc RW Gfiss EXHIBIT B (2 of 2) 1 r -4W DRAINAGE EASEMENT X N E p a 11 S 208TH STREET }2 N M S r 0 DRAINAGE 100 E 4 EASEMENT tZ 0 a x 0 I a h T� DRAINAGE EASEMENT � a O h O h -_ '_38599 0 L=171 95' S 212TH STREET a u Scale For Job NumberLL Horizontal 1"_400' vertical : BOEING REALTY 7745 G14AV 18215 72NO AVENUE SOUT14 CORPORATION Q� tp NEW, WA 9BO32 Sheet taP FZ (425)251-6222 _ (+25)251-e7e2 FAX Tide: gs y CIVIL ENGINEERING, LAND B O E I N G DITCH �'' B� ENVIRONMENTAL SERVICES EASEMENT EXHIBIT 1 of 1 Desi ned Drawn Checked roved Date IJ s Exhibit C Sheet [ of 2 KENT CITY OF KENT MITIGATED DETERMINATION OF NONSICMFICANCE Environmental Checklist No #ENV-2001-12 Proved PACWICGATEWAY KfVA#2010784 DIVISION 11 Description The applicant Proposes to subdivide 48 5 acres,adiacent to the Boeing Spacc Center faality,into 9 nets nnTtmg bop 2 9—7 2 acres m size The lots will provide for future industrial business vark development with appfoximatcly 1,000000 square feel of building floor area at full buddoul The siabdavision will ercate one Traci (Tract A)-for Vermwaler detention,water 4ua1ity control and ConwcnsalorY flood stora c Tract A is apProximalclY 5-5 acres in size The project wall include avvroximatcly 75.000 cubic yards of excavation and rouphly 30,000 cubic yards of fill- The applicant proposes to fill 0 26 acres of a runsdictional welland Location The subieel propene is located at The northwest mlersection of West Valley Highway and South 212` Street and is identified by King County Tax Parcd #1 1 2204 9088 and a portion of 40122049019-The Property is zoned M 1,Industrial Park Applicant Jar Grubb.P E Barghausen Corisulting Engineers 18215-72"Ave S ' Kent WA 98032 Lead Ageacy Citv of Kent The lead agency for this proposal has deterrrrmed that it does not have a probable significant adverse impact on the envtrouinent- An enwoitrnental impact statement(EIS)is not required under RCW 4311C 030(2)(c) This decision was made after renew of a completed mwomnentat checklist and c-her udonnation on file with die k:ad agency- TMs Delermirafi n of NonsiVnificance is specifically condilioncd on compliance with 0rc conditions and mingatmg measures deseaabed blow. This udormalion is available to the public on request Therc as no comment pcnod for this DNS X This A1DNS is issued tmda 197-11-340(2) The lead agency will not act on Ous proposal for 28 days (iom the date of this decision,this includes a 14-day comment period followed by a 14-day appeal period as provided by WAC 197 11 680 Comments most be submitted by Marcb 12,2002 Responsible Official Kim Marousek Positionfrille Senior Planner Address 220 S Fourth Avenue.KcoL W 00]2 Telephone 253 856-5454 Datgd February 26.2002 Sign APPEAL.PROCESS AN APPEAL OF A DEIFRMINATI OF NONSIGNIF1CANCE(DNS)MUST BEAfADE TO THE KENT NEARING EXAMINER WrWW FOURTEEN(14)F LOWING TFfE END OF TFff COM1UfENE PERIOD PER KENT CITY CODE 1103,570 4 DcicnninaUoo of Nansig7iifioncc Exhibit C PaafiaGaicway Ihvision►1 Sheet 2 of 2 nEM,2001-12 a20lo284 Page Two CONDIT]ONS/pf1TIGATING MEASURES f The Owmet/Subdivider shatl provide the City with a queuing analysts and shall propose as supported by the analysis,restriping and signal timing modifications to mitigate project impacts,if any,on queuing storage at the following intersections West Valley Highway and South 204th Street West Valley Highway and South 2081h Street West Valley Highway and South 2121b Street South 2121h Street and 60th Avenue Southeast 1 South 212th Street and 641h Avenue Southeast South 212th Street and 66th Avenue Southeast 2. The Owner/Subdivider shall convey an area 100-feet northerly and westerly of the South 212th Street and Wort Valley Highway sights-of-way,respectively,to the City The purpose of this new easement area will be for conveyance system improvements,habital enhancement and riparian area plantings.This conveyance may be either an easement or tract.The Owner/Subdivider stall convey the necessary public drainage easement(s) for the Boeing Creek somchmes called the"Boeing Ditch"along the subject development to the City of Kent via documents prepared by the applicant and approved by the City- 3 The Owner/Subdivider shall incorporate Regulatory and Source Control Best Management Practices(Bhes), wherever required by the Washington State Department of Ecology Stonnwaler Management Manual for the Pugct Sound Basin in the final site design to prevent or minimize water pollution during and after construction_ The specific Regulatory and Source Control Blr1Ps required for this development may include but are not ' limited to the following- ♦ BMP RO 05-Spill Control Separator ♦ DUP RO 10-A-PI Separator ♦ BMP RO 0-Coalescing Plate Separator ♦ BMP R1 - Slormwater Discharges to Public Sanitary Sewers, Se-phe Systems, Sumps and Noccss Trcabncril ♦ BMP R-2-Uniform Fire Code Requirements ♦ BMP RA-Ecology Requirements for Generators of Dangerous Was-ics • BMP lR4-Minimum Functional Standards for Contamers ♦ 13MT R.6-USEPA Requirements for Underground Tank Storage ♦ 13W R.7—USEPA/Ecology Emergency Spill Cleanup Requirements ♦ BMP R_8-WSDA Pesticide Regulations ♦ BMP R 9-Ail Quality Regulations ♦ BMP R_10-Ecology Waste Reduction Programs ♦ Bh&R_I I -NPDES Stormwalei Permits ♦ BMP R.12-Washington Stale Ground Water Quality Standards ♦ BMP Sl 10-Fueling Stations ♦ BMP SI 20-Vehicic(Equipnicnt Washing and Steam Cleaning ♦ BMP$I 30-Loading and Unloading Liquid Materials ♦ BMP Sl_40-Liquid Storage in Above-Ground Tanks ♦ BMP SISO-Container Storage of Liquids,Food Wastes or Dangerous Wastes 4_ The Owner/Subdivider shall execute an agreement with the City,in rccordablc form,that releases the City of Claims or causes of action associated with or attributable to the City's invocation of a moraionum for new or additional water service provided that the City,ii adopting the moratorium is acting in good faith and has used reasonable diligence to obtain necessary water supplies- -Kw VEGETATION DENSITY k VIEW CONSTRAINTS (REPRESENTATIVE HORIZONTAL COVERAGE) OPACITY RATIOS TO BE BASED ON OVERALL FRONTAGE DISTANCE PLANT TYPE WIDTH MAY VARY WITH A MINIMUM OF 25 EACH TYPE 25' PER 100 LF SEASONAL OPACITY 50' O 100% OPACITY (PER 200 L F) 50% CLEAR PER 100 LF — EASEMENT-DEVELOPMENT SETBACK LINE , SHRUB/SHRUB-SCRUB DECIDUOUS TREES EVERGREEN TREES EMERGENT PLANTINGS NEW CHANNEL LOWEST EXTENT OF WOODY SPECIES TOP OF BANK REPRESENTATIVE LAYOUT EXISTING OR NEW STREET TREES (CITY) and PLAffMG SECTION R 0 W LINE SCALE. 1" = 50' OS 25 75 ;0O (ONLY TREES AND SHRUB-SCRUB SHOWN) ' NATIVE WOODY PLANT SPECIES ELEV 23'1 ELEV 23 — TREES • "' ACER MACROPHYLLUM, BIG-LEAF MAPLE %• BETUTA PAPYRIFERA, PAPER BIRCH X X. FRAXINUS IATIFOLIA, OREGON ASH X X. POPULUS TREM LOIDES. QUAKING ASPEN X X. PSEUDOTSUGA MENZIESII. DOUGLAS FIR X _ THIMA PLICATA, WESTERN RED CEDAR X TSUGA HETEROPHYLLA, WESTERN HEMLOCK X SHRUBS/SHRUB- ACER CIRCWTUM, VINE MAPLE X X SCRUB- AMELANCHIER ALNIFOLt4 PACI(TC SER ICEBERRY X CORNUS STOLONIFERA. RED-TWIG DOGWOOD X -- CORYLUS CORNUTA, WESTERN WELNUT X X HGLODISCUS DISCOLOR, OCEANSPRAY X OEMLERtA CERASIFORMUS, INDIAN PLUM X X X PLANTS SUITABLE FOR THIS HYDROLOGY • TREES OF LARGE SIZE. AGGRESSIVE ROOTS, NO LESS THAN 20' FROM INTERIOR EASEMENT BOUNDARY OTHER TREES AT NO LESS THAN 10 �1 " PLANT SPECIES FROM K C DRAINAGE OtST NO 1 DWG BY LA- F W BUSHELL, 1997 SPECIES OF LOW MAIM, LOW VOLUME MASS ADDED BY H BRUCE MCCRORY, RLA NO 504 VEGETATION DENSITY k DEVELOPMENT VIEW CONSTRAINIS, 100% VERTICAL EVERGREEN OPACITY (TYPE LANDSCAPE)- 25% 100% SUMMER VERTICAL OPACITY (SEASONAL+ EVERGREEN)- 50% 42- (GUTTER LINE) TO 15' VERTICAL CLEAR NEW (OPEN)- 50% — BELOW 42" AT 1W8 OPACITY- 1007. (O^ACITY BASED ON C.A.NO-Y COVER AT VNTUP_MY. Oo 15 YEARq CONSISTENT WITH PGBP APPROVED TYPE III FRONTAGE LANDSCAPE) For: Pacific Gateway Job _ NomoMd AS NOTED Vahed N/A Business Park Div 11 OCE No 7745 18215 72D AWA[SOON P o KENT•VIA 98M THE BOEING COMPANY srb,t z (45)251-627L � (/25)251-l282 FAX MO: CML a aNE13". LAND EXHIBrr D PLANNING.SURVEWIG.or7 4lX SERV= LANDSCAPE 1 d 2 - 1L@M_ Drown NBM Che*&d - - Dote �r O FW h Z hO W 4 W O Z U 4s Z Z m Z � W j 0 V O 0 2 D7 J a �� w w 2 B Y O Z a O R S f�.t Q W O CgZy lj O � W Wa y W W K O W IL Z 3 # 6 W = W O a � Z O U Z a Z pO W N 0. Z YI f N Z O R C J h N O !w 4�0 OWW Z fZ? K 2 Z • ��L m O> ¢¢ N W O U O O W ~ U O V• O W a ; ��W O..II 51 1Z- `N\W Z fW/1 CO O 6 Z S W N -- ' N J LL J 1 I 1!}—• h W Zaa Y W v Q w V Z ¢ I O 2 O m F- Y 4� O N Z 'Q� OJ •'] K H N y QU O << O 2 X Z NK For. Pacific Gateway '°' Nwnbef NaizootW AS NOTED Vw6cd N/A P�H�A 20 72Ne SOUTH u Business Park M. N No. n+s �j Fy (.�zst-SM THE BOEING COMPANY (4Z)251-M FAX TMs: Aq 4 a.r ENGIEEINIO, LAM EXHW D nic ' aSC&J, a LANDSCAPE 2,f 2 __ Orv.n Neu cri.ciw - I Aovoved- Pot. EXHIBIT 19 Notification of Property Transfer Agreement This Notification of Property Transfer Agreement("Agreement")is made as of the day of 2004,by and between THE BOEING COMPANY,a Delaware corporation ("Owner")and the CITY OF KENT, a municipal corporation of the State of Washington(the "City"). RECITALS A. Owner is the owner of certain real property located in the City of Kent,more particularly described on Exhibit A attached hereto and incorporated herein by this reference(the"Property")_ B_ On , the City and Owner entered into a Development Agreement related to project permit applications. Concurrently with the City's review of the Development Agreement,a binding site plan approval for a portion of the Property known as "Division IV" was issued, City File No. ("Binding Site Plan Approval"). Said approval included a condition, Condition No._of said approval, that reqwred Owner to notify the City when any transfer of any lot within the binding site plan area occurred (Condition No A _attached hereto as Exhibit B and incorporated herein in full by this reference). Said approval further required Owner and the City to execute an agreement, in the form acceptable to the City, specifying how Owner would carry out the notification obligation C. Owner and the City wish to enter this Agreement to allow Owner to fulfill this condition of the Binding Site Plan Approval and to implement the Development Agreement NOW, THEREFORE, the parties agree as follows- 1. This Agreement shall become effective upon mutual execution and shall remain in effect as set forth herein. 2. In the event Owner receives an executed purchase and sale agreement for any lot within the Property, Owner shall provide the potential purchaser with a copy of the Binding Site Plan Approval and Development Agreement prior to closing the sale of the lot. 1119 DOCI 8/601 i 1 3. Upon and in conjunction with the transfer of ownership of any lot within the Property, Owner shall provide the City with a notarized document signed by the potential purchaser acknowledging said purchaser has received a copy of the Binding Site Plan Approval and Development Agreement,read them, and understood their terms and conditions,and agrees to comply with said documents upon ownership of a lot within the Property. 4. Prior to the review of any project permit application covered by the Development Agreement,Owner shall cause the City to receive written notice that any transfer identified in Section 3 of this Agreement that relates to the project permit application has occurred. 5. Notices required to be given to the City under this Agreement shall be given in writing by personal delivery or by certified or registered mail, return receipt requested, at the following address- City of Kent Public Works Department 220 Fourth Avenue South Kent,WA 98032 Notices shall be deemed effective, if mailed, upon the second day following deposit thereof in the United States mail,postage prepaid,certified or registered mail,return receipt requested,or upon delivery thereof it otherwise given. The City may change the address to which notices may be given by giving written notice to The Boeing Realty Corporation, P.O. Box 3707 1F-58, Seattle,WA 98124-2207,in the same manner as provided above. OWNER- CITY: THE BOEING COMPANY CITY OF KENT By: By: Its. Title: 1119 noc] -2- STATE OF WASIIINGTON ) )ss. COUNTY OF ) On this day of 2004, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the person who signed as of THE BOEING COMPANY, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said officer of the corporation, that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Pnnt or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington,residing at My appointment expires: i 1119 DOC) -3- r STATE OF WASHINGTON ) )ss COUNTY OF } On this day of 2004, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed as of THE CITY OF KENT, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said officer of the municipal corporation, that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said municipal corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington,residing at My appointment expires. Inv nOct -4- S 1 EXHIBIT 20 Amendment[—j to the Development Agreement Confirmation of Continuation of the Agreement The development agreement entered into by and between THE BOEING COMPANY,a Delaware corporation("Owner")and the CITY OF KENT, a municipal corporation of the State of Washington(the"City")dated concerning property owned by Boeing known as the Kent Space Center is hereby amended to add a new paragraph 2a as follows: 2a. Term of Agreement By mutual consent of the parties hereto, the Term of this Agreement shall extend an additional twenty(20) years,for a total of 40 years from the recording date of this Agreement. [A public hearing has been held in accordance with Section 13 of this Agreement.)OR [The parties have determined that no public hearing is required to implement this extension in accordance with Section 13 of this Agreement) All other provisions of this Agreement shall remain in full force and effect DATED this_day of 2024. OWNER: CITY- THE BOEING COMPANY CITY OF KENT By. By: Its- Title: tau noel tvew STATE OF WASHINGTON ) )ss. COUNTY OF ) On this day of 2024, before me, the undersigned, a Notary Public to and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the person who signed as of THE BOEING COMPANY, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said officer of the corporation, that he was authorized to execute said instrument and that the seal affixed,if any,is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC to and for the State of Washington,residing at My appointment expires_ ino ooct -2- STATE OF WASH NGTON ) )ss. COUNTY OF ) On this day of 2024, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed as of THE CITY OF KENT, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said officer of the municipal corporation, that he was authorized to execute said instrument and that the seal affixed,if any,is the corporate seal of said municipal corporation IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington,residing at My appointment expires- i i inoiioc] -3- . r EXHIBIT 21 Vested Development Regulations Chapter 15.04 District Regulations,including manufacturing land use development conditions(i.e.,setbacks,height restrictions,lot coverage,minimum lot size,etc.) Chapter 15.05 Off-Street Parking and Loading Requirements Chapter 15.06 Sign Regulations Chapter 15.07 Landscaping Regulations, including regulations for Specific Districts Chapter 15.08.100 Nonconforming development j/DA6-EXhjWt I1 DOC] 816IO4 i i Kent City Code 15.04.010 Chapter 15.04 and the land uses are located on the horizontal rows of these tables.A purpose statement for each zon- DISTRICT REGULATIONS ing district is included in Cb.15.03 KCC. B. Principally permitted uses.If the letter"P" Sections: appears in the box at the intersection of the column 15 04.010 Interpretation of land use tables and the row,the use is permitted in that zoning dis- 15.04.020 Residential land uses. trip subject to the review procedures specified in 15 04.030 Residential land use development Ch. 15.09 KCC, the development conditions fol- conditions. lowing the land use table,and any requirements of 15.04.040 Manufacturing land uses. an overlay zone and the general requirements of 15.04.050 Manufacturing land use development the Code, conditions. C. Special uses.If the letter"S"appears in the 15 04 060 Transportation,public,and utilities box at the intersection of the column and the row, land use& the use is permitted in that zoning district subject to 15 04.065 Transportation,public,and utilities the review procedures specified in Ch 15.09 KCC, land use development conditions. the development conditions following the land use 15 04.070 Wholesale and retail land uses. table, the development standards stated in KCC 15 04.080 Wholesale and retail land use 15.08.020, any requirements of an overlay zone development conditions. and the general requirements of the code. 15 04.090 Service land uses. D. Conditional uses.If the letter"C"appears in 15 04.100 Service land use development the box at the intersection of the column and the conditions, row,the use is permitted in that zoning district sub- 15 04.110 Cultural,entertainment,and recreation ject to the review procedures specified in Ch.15.09 land uses. KCC, the development conditions following the 15 04.120 Cultural,emertainment,and recreation land use table, the review criteria stated in KCC land use development conditions. 15.09.030, any requirements of an overlay zone 15.04.130 Resource land uses. and the general requirements of the code. 15.04.140 Resource land use development E Accessary uses.If the letter"A"appears in I conditions. the box at the intersection of the column and the 15.04.150 Special use combining district,SU. row,the use is permitted in that zoning district sub- 15.04.160 Development standards. ject to the review procedures specified in Ch 15.09 15.D4.170 Agncultural and residenual zone KCC, the development conditions following the development standards. land use table and any requirements of an overlay 15.04.180 Agricultural and residential land use zone and the general requirements of the code. development standard conditions. F Development conditions. If a number 1., 15.04.190 Commercial and industrial zone appears next to the land use or in the box a( the development standards. intersection of the column and the row,the use may 15.04 195 Commercial and industnal land use be allowed subject to the appropriate review pro- development standard conditions. cess indicated above,the general requirements of 15.04-200 Mixed use overlay development the code, and the specific conditions indicated in standards. the development condition with the corresponding 15.04.205 Mixed use land use development number in subsection immediately following each standard conditions. land use table. G. Multiple development conditions. If more 15.04.010 Interpretation of land use table& than one(1)letter-number combination appears in A. land use tables.The land.use tables in KCC the box at the intersection of the column and the 15.04 020 through 15.04.140 determine whether a row,the use is allowed in that zone subject to dif- specific use is allowed in a zoning district. '[lie ferent sets of limitations or conditions depending zorung districts are located in the vertical columns on the review process indicated by the letter,the general requirements of the code,and the specific 15-31 (nevised tuux) 15.04.0J0 Kent City Code conditions indicated in the development condition _ with the corresponding number immediately fol- lowing the table. H. Overlay Zones. Overlay districts provide pobcies and regulations in addition to those in the underlying zoning district. Overlay zones include the mixed use overlay and the Green River corridor special interest district. 1. Applicable requiremenu. All applicable requirements shall govern a use whether or not they are cross-referenced in a section. I Interpretation of other uses. Any other unnamed use shall be permitted if it is determined by the planting manager to be of the same general character as the principally permitted uses and in accordance with the stared purpose of the district, per KCC 15.09.065. (Ord_No.3439,§2,2-2-99;Ord,No.3600,§3,5- 7-02;Ord.No.3612,§3,8-6-02) 1,. (Reused 11ro2) 15-32 I� 1 Kent City Code 15.04.020 15.04.020 Residential land uses zooxl8 t>;sm)as z Key rep r 8 0 a : a k T ( s $pedal us"9e3 L i? L 'i D I I _ I O i N b AA IAsconaborw�esa a : _i ¢ V O�_ge c — _ a c D _ m a IS 8 _ .1 a N O Q J � � 2 Q Syt SS e 0 o < N n T g m i f I; Q 6 U O W N O C F V J O p Q S Q co ccS Q Q Q Q S S U u 1J 1� ] S V V < N N < < 0b N co N f 3 3 Z I z (c,3 'e' h' D V O D 3 3 23 3 0 Orw aMgB-lans'ly dwel- P P P P P P P P P P P P P P p A A A A rg D++k1 ILI (7) ILl IL) Om dup)sr per p 0n nndlx hone per lot p P I P P P P P P P P P P p QAa P p P P P P (221 Mu wway mwra101fe P P P P P P P P P P C (20)(10) GI I (Z) m Us rwls (a1)(Z% c IB) P P P P P P P P C MLAW-*dwa&w m (4) m OP) us) c MuftW*dwerngs lot P p P P P C semorcwumvm (z) l�) m Its) Moble Irma and mans P tacbsed humea Mobae home pads P P P P P P P Gawp homes lass 4A P P P P P P p P P P P P p P P P P P C C C P Group homy dm 1-B P P P P P P P P P P C C C P Grow Iona dm LC C C C C P P P P P P C C' C i y Grow hones das B'A C C C C C C C C C C C C C C Group homes loss 11-B C C C C C C C C c C C c C c Group hones loss B-C C C C C C C C C C C C C C c G,�homa day p C c C c C c C C c (23) 3)(z3)(z31 )Q3)tt31 WI a. flebuiNamessory uses P p • P P P P p P P P p P P P Ax elds n O—WVS IB) R) 161 (61 16) IBI (el (B) 0) IBI IB) Is) (e) IB) IB) Tranobonal hm" P P m m Gu, cMapa WW A A A A A A A A A IBI (B) (el Is) IBI IB7 IBI le) R) 1�1)(?I)(?Q MII n1)nl)Rl)a5) (211 RomkV and bmd.5 of A A A A A A A A A A A rwl mae BMn Bane(3) person Farm wv&er Kmmada- A A A A bons Iln (01 (Ln (Bl 15-33 (nevised 11ro2) f t 15.04.030 Kent City Code Key 3 Nrluaed Ilse $ S r,• 3 • S>=spedal usesi i i S Am es Fg ? v 3 s E C=Cdbarw to V A.Accessory uses b = O t] F r a E ¢ • ° li b i s '• o i i 3 i i = S r 0 if et s € g F E � �' F a 'c c � iS F B '• S � yy � € t' i a i O Ti �r 1 e a : f o i • E 5 3 O _ ti ni b 4 li _o a Is Cf 0O Z' If e i g b b j e. �5 a ;; • j i z s a 6 a m 3 ' : 3§s1 C s = E a 12 { 9 IF C F t O i i w vi m in aai oai i i z i $ `c3 8 $ t�i ti `p' p i i § $ p CE Au ,s y lrsee and A A A A A A A A A A A A A A A A A A A A A A A A A A A W-Wwstomaray appur• p�Ite)(+�pe)(is)ite) Is)(ta)het Pa)I1 (ill I~to a pen"U&I Ilse , ��� A A A A A A A A A A A A A A A Itp) (101(10 I/0)(10)110)(111 (+0)Ito) (10)(101 00) (101 ilia](1 A,W8ayr I.V y,l - A A A A A A A A A A A A A A 1104)lu)(14 (ta)1141(14)Ile)(u)("(141 114)(/! (14)Ito /IOrM amQa000S A A A A A A A Al A A A A A A AlA A A A A A A A A A A A A A (It)(11)u1)In)(11)lu)If 111n11 Pt1 0I)In)Ut1( )In f)9 ptl(+t)UD 011 In)lu)(tl lit)tltl U9 d+)Inl(n) sertroe taAldlpe w smrape buadnp and A A A A A A A A A A A A A A s+oralM d reaeattaW (16) I18)(+6)(16)q6)(161(161 1161(+6) p6)h6 (+6)n6) velades ( ftv chump s.w*t e C C c C C e C c C c c c c C C C C C C C C C C C C C C ) boom kwll d (tz)ItzJ eawpowy swM), orw&4n ch rdw.rebm mNs hatter,mrcow taroOelnt In ,and drier wdlara fae]Nes rAA1e01e r P,WZL*a r."'cly Opetaw.tames br rehabildsOm N term earl etc (Ord.No.3439,§2,2-2-99;Ord No 3440,§4,2-16-919,Ord No.3470,§3,8-17-99;Ord.Na 3543,§2,2- �0-01;Ord No.3600,§3,5-7-02;Ord No.3612,§ 3,8-6-02;Ord.No.3615.§2,9-17-02) I. 15.04.030 Residential land use development 5. Multifamily residential uses,when not corn- conditions. bitted with commercial or office uses. 1. Dwelling units,limited to not more than one 6. Existing dwellings may be rebuilt, repaired, (1)per establishment,for security or maintenance and otherwise changed for human occupancy. personnel and their families, when located on the Accessory uses for existing dwellings may be con- premtses where they are employed in such capac- strutted. Such uses are garages,carports, storage ity,No other residential use shall be permitted. sheds,and fences. 2. Multifamily residential use shall be perrrut- 7. Transitional housing facilities, limited to a red only in the mixed-use overlay when included maximum of twenty(20)residents at any one(1) within a mixed use development. time and four(4)resident staff. 3. [Reserved) 8 Guesthouses not rented or otherwise con- 4 Multifamily residenual uses, when estab- ducted as a business. fished in buildings with commercial or office uses, 9. Farm dwellings appurtenant to a principal and not located on the ground floor. agricultural use for the housing of farm owners, (Reused 11/02) 15-34 , Kent City Code 15.04.030 operators,or employees,but not accommodations criteria of KCC 15.08.280 for class M group for transient labor. homes,but they are subject to a six hundred(600) 10. Accessory dwelling units shall not be foot separation from any other class D or III group included in calculating the maximum density. home.In no case shall a secure community transi- Accessory dwelling units are allowed subject to the Lion facility be sited adjacent to, immediately provisions of KCC 15.08.350. across the street or parking lot from,or within the 11. Customary incidental home occupations line of sight of risk potential activities or facilities subject to the provisions of KCC 15.08.040. m existence at the time a site is listed for consider- 12- Except for transitional housing,with a max- ation Within line of sight means that it is possible imam of twenty(20)residents and four(4) staff, to reasonably visually distinguish and recognize which are principally permitted uses. individuals.For the purposes of granting a condi- 13. Subject to the combining district require- tional use permit for siting a secure community ments of the mobile home park code, Ch. 12.05 transition facility,the hearing examiner shall con- KCC. sider an unobstructed visual distance of six hun- 14. Accessory living quarters are allowed per dred(600)feet to be"within line of sight"During the provisions of KCC 15.08.359. the conditional use permit process for a secure 15. Multifamily residential use shall be permit- community transition facility,"line of sight"may ted as a conditional use only when included in a be considered to be less than six hundred(6W)feet mixed use development. if the applicant can demonstrate that visual barriers 16. Recreational vehicle storage is permitted as exist or can be created that would reduce the line of an accessory use in accordance with KCC sight to less than six hundred(600)feet.This dis- 15.08.080. tance shall be measured by following a straight 17. Accommodations for farm operators and line,without regard to intervening buildings,from employees, but not accommodations for transient the nearest point of the property or parcel upon labor. which the proposed use is to be located,to the near- i I8. Other accessory uses and buildings custom- est point of the parcel or property or the land use arily appurtenant to a permitted use, except for district boundary line from wtuch the proposed use onsite hazardous waste treatment and storage facil- is to be separated. For the purpose of granting a ities,which are not permitted in residential zones, conditional use permit for a segue community 19. The following zoning is required to be in transition facility,the hearing examiner shall give existence on the entire property to be rezoned at the great weight to equitable distribution so that the time of application for a rezone to an MR-T zone- city shall not be subject to a disproportionate share SR-8, MR-D, MR-G, MR-M, MR-H, O, O-MU, of similar facilities of a state-wide, regional, or NCC,CC,GC,DC.or DCE. county-wide nature. 20. All multifamily townhouse developments (Ord.No.3439,§2,2-2-99;Ord No.3440,§5,2- I+ in the MR-T zone shall be condominiums and 16-99;Ord-3470,§4,8-17-99;Ord No.3600,§3, recorded pursuant to Chapter 64.32 RCW prior to 5-7-02,Ord.No 3612.§3,8-6-02;Ord.No.3615, approval of a certificate of occupancy by the city. §2,9-17-02) 21 Subject to KCC 15.08160(A) and (B). Accessory buildings. 22. One(1)duplex per lot is permitted. 23. Secure community transition facilities are permrtled only in the G WC zoning district 24. Class 11 and class m group homes, other than secure community transition facilities,are not allowed in this zoning district. A secure commu- nity transition facility shall also comply with appli- cable state siting and permitting requirements pursuant to Chapter 7109 RCW. Secure commu- nity transition facilities are not subject to the siting 15-35 (aevtsea nroz) 3 15 04 040 Kent City Code 15.04.040 Manufacturing land uses. z«•g nxacu 5 = a o I(pY p=Pnnr3W(N § o U b c a G L a m m 2 O P es ed USes s 5 Us C u u c y y O t c m O E s U b C c t;mndtbanal Uses c u N a ¢ � � is y � o q=ACCessay Uses m 0 0 W O G F r E ¢ c w c 8° u rr = _m L O ' _o E m O W y m = E i CI m L° m E i m a ¢ c e m o m '° m m • o o z 9 U z sD E L m u m m ¢ m o o m > > e E m E m m L z a U 0 `m ¢ ¢ U° E E E 3 o = c EO s m n m m a o o f m m C o 0 0o t U c P 1? U s < Il C U J m C K LL O LL LL E _p m in 3 Z J j C m m J 7 O L J 0000 C m S L 9 m �rn c u $ g a EF m U Ti a >° m in am ¢m w 0 uwi rq w U - m .� _ i g o n o E g 7 o U o < N as q m m r: r 4 = a U ur G ¢ ¢ ¢ rL Q Z U U U U U < < m N N y N N s Z U O D U U N U M 2 O pp PPPFP Manuladunng,ptmcessn0. (27)(27) (zn(2 (27)(2)de bleng,and Pads" C 271 a lomd and bes•rape (1) p �° h P P P P P A7aredadr•rn0.ptocmrq, P P C 12) bknftg,and pad V% (1) of dntps W.Snd ta- Ws,tmaebfes.anWa- erKecs i Manrlxa+tat0•Ptoc9. P P P P P P C (2) i bkn6lg.and Padmghg (q a datty Wad'xts-4 byptpdclsPI kdusbw(yldty ry et�tet0p�/ p P P P (33) (21 C and(Asper senAws) (�) P P P C P P P P P •d (25) C (2) wied nOtatnes C C C c C Ct.enrsh and MOW HI (+) (+) (1) P m� p p C P P (+h (5) C (5) QOnb3dn ebmp6 (7) ( (2) �+ P P P p P P Custan arts end mats C (2) plowch M0 Itl p P P Comgders,os'me (3) P) (21 madwles,arderPyttKtd Ny p p P P P P P MamAadunn9 end.seam- (3) (3) C f21 bly of aNddcai epee (11 tent,appuncas. Sgh&g.raft.7V mrtt- ~wraPac.ap+pnmta, end d>mpotwxs Fablcate0--LW ptmAtcts P P P P P P P C (2) a10.,watmm eMa Dent I1) af_cotaanns bend wds,heabtg owptnets. screw pa dmSS.edo won,coamg,od oat-0 (Rained 11/02) 15-36 Kent City Code 15.04.040 zwalg Oisalds z s s P.P ry ❑ Q Q O O �:S _ Pemutted Uses > ; F • E o Ti Y� 3t fi 8 Us E b c=Conditional al uses A z A W s m o m S r m cE4 e 5 5 _a ccessory es p o m Cl o a 1- F • ¢ C 1 E • o a z € • m m 9 6 a r a O a W c z Q _• i s 'c $ E 'c a 2 c E ;= E o o • S • p E m 01 p o i ¢ ¢ 2. ¢ cc m ¢ ¢ a t3 E E E • • m z m u O m E �' • B o Uo m o Ep z fi d C4 � O c IL IL 4 u 1i x m z o O c c N c E E co a < ¢ H .N q N o o o x a u $ o W ry o $ g F y a Ir ¢ a 2 a a x 0 0 0 0 0 a ti m 3 i < y w N N In1¢q d 2 3 2 a 0 0 0 O O C7 MamAachmV and aasem- p P P P P P P ay of ebcvw and elac. (9) m 29)(29 (J9 (2) bcw deYCta.and C aulwlloaw,aem6pace. 111 nisao Swow r&pcb and aaldr pmdula A A A A A A A A A A A A A A A Hazmf E aabstame iced m in W (a) 19) (9) 11)Ill)(111 (9) P) (151119(15)11e1 •a 1a c c c c c c c c c c (a) (a) (12)(12 (121 (a) (10 116)116109) orCas 1n'1d "and aec- A A A A A P P P P P p sorry m 9•cw1d1c1 o1 a ) psloWpY pamstaad w Wamh&A Band dsbbw P P P P P P P fm lacrdm RG) (2d112a) (29)I29 (ZD) C) fd61 p c c c P v RaA�rlck baro1r uses 1171 121)(21)12211141 c m Wdow sWa9e kxkd 9 P P A A A A C P bLck baW*WAp nonL A C and cwradar papa (1) yards as a6owed by dombpmad atratrds. KCC 15A4.190 rtl 16.04 f 05) �ra Maralvaminlaaasellstw- C P P C P age 14231 mandaa"d swspa. IT dabryrMs.and*W ba kderigrsd 1 dea w v pepraacns MamAaOmni;d OwSca C P and wow*fealas C III M1rAAadwala d sylAlebc c P and na1wW Obw WW Ciat c It) C comPasban waWoowd, c and s."alnAeaW (t) rMar,A.a�Mmii; d noa111 W.mm"PoAGs KchC aE.a .asbdes. (1) apulace,and Pay 15-37 ((teased 11ro2) 15.04.040 Kent C)ry Code zalmg Dssmds s y i y y Key n `a E z 0 P=Princlpally O C, Permrtled Uses z w mm c c ri C=SCarWrMorlal Uses y i i m t T q o1 o s o .0 m m o m 'm 3 m m U zi 6 ^t l5 y A>•Acoescory Uses m E 0 E E F F (- o 'a m ¢ E ¢ c $ b 8 t C, m 9 c m e a 9 m s E _ E m W c p 0 E z n u y E Ir ti m ¢ ti 2 '° Cg E E m cc P V E E E E m 5 e o U m o e LL m m m m c O c c -E U c E LL m U E F LL LL g LL LL % z o E 0 2 �' S m m U c a d £ O > > U s m s o E E e _m 9 c S .f E _w a m 'm in W N N J tv S z E (j U O Y O p Y 43 o c v n p 4 ep o r F o 2 a c� o UUW N o E c c cj € o 0 < < ¢vi cc m ¢ui y 2 U a 0 0 0 O OO 2 E f O Maadadumng of heal- C P nsablg a sbucb W day C Producb(bdck bk.a IT (11 ppe)a p prod- 1C1S MarmdacLa V9 n eda ly c P a10 Moavy auGierm 60d C eq,apnera Mx germ W ,(1) N6rtby and nrag.agri Visual,calabucvark a MamAwhx g.ProcaslnB. P P P P P assenWMrg,aid pa** (24)(24 C (21 j r^g al saki".prooicb, PD)(30)(30) (1) a memhurd se made (32)(32) om b prevlousy prM apa mbral a syr&mft rrub nals Mamdaeunmd.Proassng, P P P P tnabmg,assembig,aid (24,(24 (24,(301 Padugeg o1 adides, 1301(30 W) C podrels,a meniarsdse (1) Man PrerlaaN pf"'W 4m .naienars.a a loyad meek Cemplaias which Wxwe a P P cxnbkodin d aces. 1 adu6rg a rrdsMxa 01 ca,aaapa,and" marmiaclurag uses , Aocrssory uses arltl br06 A A A A A A A A A A A A A A A A A A A A A A A A A A A A Mgs custom *appuaa- (31) (10)110)113)(13)110)110)00) 16) rare b•pemMleO use bVd� C C 1 (l) (Ord.No.3439,§2,2-2-99;Ord 3470,§5,8-17-99;Ord.No.3543,§3,2-20-01;Ord-No.3600.§3,5-7-02; Ord.No.3612,§3,8-6-02) t (Revked 11p2) 15-38 Kent City Code 15 04 050 15.04.050 Manufacturing land use (5) Slaughtering,stockyard,feedlot, dairy, development conditions. and similar operations. 1. The following uses require a conditional use (6) Pickling and brine curing processes. permit: (7) Wholesale produce markets. a. Manufacture of such types of basic materi- g. Salvage,wrecking,and disposal activities, als as follows: including the following and similar operations: (1) Gum and wood chemicals and fertiliz- (1) Automobile and building wrecking and ers, and basic industrial organic and inorganic salvage. chemicals or products such as alkalis and chlorine, (2) Salvage of industrial waste materials industrial and liquid petroleum,gases,cellophane, such as metal,paper,glass,rags,and similar mate- coal tar products,dyes and dye products,impreg- rials. nated products,tanning compounds,and glue and (3) Sewage disposal and treatment plants. gelatin. (4) Dump and sump operations for such (2) Hydraulic cement, concrete, gypsum, uses as rubbish,garbage,trash,and other liquid and lime, carbon,carbon black, graphite, coke,glass, solid wastes. and similar products. h. Storage of the following kinds of goods: b. Manufacture of products such as the fol- (1) Bulk storage of oil, gas, petroleum, lowing: butane,propane,liquid petroleum gas,and similar (1) Ammunition, explosives, fireworks, products,and bulk stations and plants matches, photographic film, missile propellants, (2) Used building materials, mover's and similar combustibles. equipment, relocated buildings, impounded vehi- (2) Rubber from natural, synthetic, or cles,and similar materials. reclaimed materials. (3) Explosives or fireworks,except where (3) Paving and roofing materials or other incidental to a principally permitted use. products from petroleum derivatives. (4) Fertilizer or manure. r c. Refining of materials such as petroleum 2. Small scale,light industrial,or manufactur- and petroleum products, metals and metal ores, ing operations where the building, structure, or sugar,and fats and oils. total operation does not encompass more than ten d. DisuWng of materials such as bone,coal, thousand (10,000) square feet of area. The ten coal tar,coke,wood,and other similar distillates thousand(10,000)square feet total shall include all e. Heavy metal processes,such as ore reduc- indoor and outdoor storage areas associated with tion or smelting, including blast furnaces, and the manufacturing operation.Only one(1)of these including drop forging, drop hammering, boiler uses shall be allowed per lot. plate works,and similar heavy metal operations: 3. Small scale light manufacturing operations I (1) Asphalt batching plants. as follows: stamping, brazing, testing, electronic ^+ (2) Concrete mixing and batching plants, assembly,and kindred operations where the build- including ready-mix concrete facilities. ing,structure,or total operation does not encom- (3) Rock crushing plants and aggregate pass more than ten thousand(10,000)square fed of dryers. area. The ten thousand(10,000) square foot total (4) Sandblasting plants. shall include all indoor and outdoor storage areas f. Animal and food processing,including the associated with the manufacturing operation Only following and similar operations- one(1)ten thousand(10.000)square foot manufac- (1) Tanning, dressing, and finishing of turing operation shall be permiued per lot. hides,skins,and furs. 4 Conditional use for manufacturing of paint, (2) Meat and seafood products,curing,can- but manufacturing of paint is perrmued outright in ning,rendering,and slaughtering. the M3 zone. (3) Nitrating of cotton and other materials. 5. Contractor shops where most of the work is (4) Rendering of animal grease or tallow, done on call, and which do not rely on walk-in fish oil,and similar materials. trade,but where some incidental storage or semi- manufactunng work is done on the premises,such 15-39 (Revtsed 11ro2) t 15.04.050 Kent City Code as carpentry, beating, electrical, or glass shops, ment or storage facilities,which are not permitted printing, publishing, or lithographic shops,furni- in this district. ture,upholstery,dry cleaning,and exterminators 12. For permitted uses, accessory hazardous 6. Accessory uses shall not include vehicular substance land uses which are not subject to drive-through,drive-in,and service bay facilities cleanup requirements of Ch.11.02 KCC and which 7. For permitted uses,hazardous substance land accumulate more than ten thousand (10,000) uses, including onsite hazardous waste treatment pounds of hazardous substances or wastes or any or storage facibues, which are not subject to combination thereof at any one(1)time on the site cleanup permit requirements of Ch. 11.02 KCC or which handle more than twenty thousand and do not accumulate more than twenty thousand (20,000) pounds of hazardous substances and (20,000)pounds of hazardous substances or wastes wastes on the site in any thirty(30)day period of or any combination thereof at any one(1)time on time,subject to the provisions of KCC 15.08.050, the site, subject to the provisions of KCC except offsite hazardous waste treatment or storage 15.08.050, except offsite hazardous waste treat- facilities,which are not permitted in this district. ment or storage facilities,which are not permitted 13. Includes incidental storage facilities,which in this district. must be enclosed,and loading/unloading areas. 8. For permitted uses,accessory hazardous sub- 14. Including traasporation and transit ienni- stance land uses which are not subject to cleanup nals with repair and storage facilities, and rail- permit requirements of Ch. 11.02 KCC and which truck stations, except classification yards in the accumulate-more than twenty thousand (20,000) category of"hump yards!' pounds of hazardous substances or wastes or any 15. For permitted uses, hazardous substance combination thereof at any one(1)time on the site, land uses,including onsite hazardous waste treat- subject to the provisions of KCC 15 08.050,except ment or storage facilities,which are not subject to offsite hazardous waste treatment or storage facili- cleanup permit requirements of Ch. ]L,02 KCC ties, which are not permitted in this district. Fuel and which do not accumulate more than twenty farm facilities are not allowed in the AG or A-10 thousand(20,000)pounds of hazardous substances zones. or wastes or any combination thereof at any one(1) 9. For permitted uses,hazardous substance land time on the site,subject to the provisions of section uses, including onsite hazardous waste treatment 15.08.050. Offshe hazardous waste treatment or or storage facilities, which are not subject to storage facilities are not permitted in this district, cleanup permit requirements of Ch. 11.02 KCC except through a special use combining district- and which do not accumulate more than five thou- 16- For permitted uses, accessory hazardous sand (5,000) pounds of hazardous substances or substance land uses which are not subject to wastes or any combination thereof at any one(1) cleanup permit requirements of Ch. 11.02 KCC pme on the site,subject to the provisions of KCC and which accumulate more than twenty thousand iS 08 050, except offsite hazardous waste treat- (20,000)pounds of hazardous substances or wastes merit or storage facilities,which are not permitted or any combination thereof at any one(1)time on in this district. the site, subject to the provisions of KCC 10. Includes incidental storage facilities and 15 08.050. Offsite hazardous waste treatment or loading/unloading areas. storage facilities are not permitted in this district, 11. For permitted uses, hazardous substance except through a special use combining district. land rises,including onsite hazardous waste treat- 17. Conditional use permit required for truck- ment or storage facilities,which are not subject to ing terminals and rail-truck transfer uses. cleanup permit requirements of Ch. 11.02 KCC IS- For permitted uses, hazardous substance and which do not accumulate more than ten thou- laud uses, including onsite hazardous waste treat- sand(10,000)pounds of hazardous substances or ment or storage facilities,which are Dot subject to wastes or any combination thereof at any one(1) cleanup permit requirements of Ch 11.02 KCC time on the site,subject to the provisions of KCC and wtuch do not accumulate more than twenty 15.08.050, except offsite hazardous waste treat- thousand(20,000)pounds of hazardous substances ) or wastes or any combination thereof at any one(1) (Revised 11ro2) 15-40 Kent City Code 15.04.050 time on the site,subject to the provisions of KCC c. Site coverage. Site coverage shall be in 15 08.050, except offsite hazardous waste treat- accordance with the underlying zoning district men(or storage facilities, which require a condi- requirements. tional use permit in this district. d. Setbacks.Setbacks shall be as follows; 19. For permitted uses, accessory hazardous (1) Front yard:Twenty(20)feet. substance land uses which are not subject to (2) Side yard.Ten(10)feet. cleanup permit requirements of Ch. 11.02 KCC (3) Rear yard:Ten(10)feet. and which accumulate more than twenty thousand e. Height limitation.The height hirdtaliom is (20,000)pounds of hazardous substances or wastes one(1)story. or any combination thereof at any one(1)time on f. Outdoor storage. No outdoor storage is the site, subject to the provisions of KCC permitted. 15.08.050, except offside hazardous waste treat- g. Signs.The sign requirements of Ch. 15.06 ment or storage facilities, which require a condi- KCC shall apply. tional use permil in this district. h. Off--strew parking. a. Offsite hazardous waste treatment or stor- (1) The off-street parking requirements of age facilities, subject to the provisions of KCC Ch 15.05 KCC shall apply. 15 08 050. (2) Off-street parking may be located in b. Any hazardous substance land use dial is required yards,except in areas required to be land- not an accessory use to a principally permitted use. soaped. >� 20. Warehousing and distribution facilities and i. Development plan review. Development the storage of goods or products,except for those plan approval is required as provided in KCC goods or products specifically described as pernut- 15.09.010. led to be stored only as conditional uses in the M3 j. Landscaping. Landscaping requirements district- are as follows: 21. Conditional use for car loading and distri- (1) Front yard: Twenty (20)feet, type III bunon facilities,and rail-truck transfer stations. (earth berms). 22. Warehousing and distribution facilities and (2) Side yard:Ten(10)feet,type Il abutting the storage of goods or products, including rail- commercial uses or districts;type I abutting resi- truck transfer facilities dential uses or districts. 23. hfmrwarehouses;provided,that the follow- (3) Rear yard:Ten(10)fed,type 11 abus- ing development standards shall apply for mim- ling commercial uses or districts; type I abutting warehouses, superseding those set out in KCC residential uses or districts. 15.04.190 and 15.04.200: For maintenance purposes, underground irri- a. Frontage use.The first one hundred fifty gation systems shall be provided for all landscaped (150)feel of lot depth,measured from the property areas. ` line or nght-of-way inward from the street front- k. Onrue manager.A resident manager shall age, shall be reserved for principally permitted be required on the site and shall be responsible for uses for this district,defined by the provisions of maintaining the operation of the facility in con- KCC 15.04 100(Axl), or for the office or onsite formartce with the conditions of the approval.The manager's unit, signage, parking, and access. A planning department shall establish requirements maximum of twenty-five(25)percent of the front- for parking and loading areas sufficient to accom- age may be used for access to the storage unit area; modate the needs of the resident manager and the provided, that in no case shall the access area customers of the facility. exceed seventy-five(75)feet in width.No storage 1. Drive aisles.Drive aisle width and parking units or structures shall be permiued within this requirements are as follows: one hundred fifty(150)feet of commercial front- (1) Fifteen(15)foot drive aisle and ten(10) age depth. fool parking aisle. b. Lot size.Minimum lot size is one(1)acre, (2) Parking for manager's quarters and vis- maximum lot size is four(4)acres. itor parking. 1541 lrtevuea rt102) i i 15 04.050 Kent City Code in. Building lengths. The horizontal dimen- goods, home and home accessory shops, florists, Sion of any structure facing the penmeier of the site antique shops,and book shops; shall be offset at intervals not to exceed one hun- b. Personal services,including but not limited dred (100) feet. The offset shall be no less than to barber shops,beauty salons,and dry cleaning; twenty(20)feel in the horizontal dimension,with c. Repair services,including but not limited a minimum depth of five(5)feet. to television, radio, computer,jewelry, and shoe a. Building materials.If abutting a residential repair, use or zone, residential design elements such as d. Food-related shops,including but not lim- brick veneer,wood siding,pitched roofs with shin- ited to restaurants(including outdoor seating areas gles, landscaping, and fencing shall be used No and excluding drive-in restaurants)and taverns; uncomplimentary building colors should be used e. Copy establishments; when abutting a residential use or zone. f. Professional services, including but not o. Prohibued uses. Use is restricted to dead limited to law offices and consulting services;and storage only. The following are specifically pro- g. Any other use that is determined by the hibited: planning director to be of the same general charac- (1) Auctions (other than tenant lien sales), ter as the above permitted uses and in accordance commercial, wholesale or retail sales, or garage with the staled purpose of the distnct, pursuant to sales. KCC 15.09.065,Use interpretations. (2) The servicing,repair,or fabrication of 26. Permitted uses are birdied to storage,ware- motor vehicles,boats,trailers,lawn mowers,appli- housing,processing and conversion of agricultural, antes,or other similar equipment. dairy,and horticultural products,but not including (3) The operation of power tools, spray slaughtering, meat packing, and fuel farm facili- painting equipment, table saws, lathes, compres- ties. sors, welding equipment, kilns, or other similar 27. Excluding slaughtering, rendering, curing, equipment. or canning of meat or seafood products. (4) The establishment of a transfer and stor- 28. Except for those goods or products specifi- age business. tally described as permitted to be stored as condi- (5) Any use that is noxious or offensive tional uses. because of odor,dust,noise,fumes,or vibration. 29. Excluding explosive fuels and propellants. (6) Storage of hazardous or toxic materials 30. Excluding predominantly drop forge and and chemicals or explosive substances, drop hammer operations. p. Fencing.No razor wire is allowed on top of 31. Other accessory uses and buildings custom- fences. arily appurtenant to a permitted use, except for 24. Prohibited are those manufacturing activi- onsite hazardous waste treatment and storage facil- ues having potentially deleterious operational roes,which are not permitted in residential zones. dhamcteristics, such as initial processing of raw 32. Excluding paint boiling processes- matenals(forging,smeltering,refuting,and form- 33. Limited to twenty-five(25)percent of gross ing) floor area Reference KCC 15.04.080(5). 25. The ground level or street Level portion of 34. Retail or services uses which exceed the all buildings in the pedestrian overlay of the DC twenty-five(25)percent limit on an individual or district(as shown in KCC 15.04.080)must be retail cumulative basis shall be subject to review individ- or pedestrian-oriented. Pedestrian-oriented devel- tiMly through the conditional use permit process.A opment shall have the main ground floor entry conditional use permit shall be required on an indi- located adjacent to a public street and be physically vidual tenant or business basis and shall be granted and visually accessible by pedestrians from the only when it is demonstrated that the operating sidewalk;and may include the following uses- charactonstics of the use will not adversely impact a Retail establishments, including but not onsite or offsite conditions or either an individual limited to convenience goods, department and or cumulative basis. variety stores,specialty shops such as apparel and 35. Reuse or replacement of existing structures ; accessories,gift shops,toy shops,cards and paper for non-agricultural uses is allowed where it is (Revised 11102) 15-42 I . Kent City Code 15.04.050 shown that the existing structures are obsolete for agricultural use and will have no viable economic use unless they can be put to non-agricultural use. Any replacement structures must maintain or enhance the agricultural appearance of the prop- erty. Signs shall be limited to not more than one hundred(100)square feel in area per business,and of that amount,freestanding signs shall not exceed forty(40) square feet in area No increase in the area of existing impervious surface shall be allowed in connection with a non-agricultural use. (Ord.No.3439,§2,2-2-99;Ord.No.3600,§3,5- 7-02;Ord.No.3612,§3,"-02) 1 t�� 1 t 15-43 troz) 15.04.060 Kent City Code 15.04.060 Transportation,public,and utilities land uses. Zcray tlrsaicts zisoy m Key O a a m m Z P e Prrnropaity Permttled Uses S a SPMW Uses ti m 5 9 o m z o z C-conrfbonw Uses F s w z z ° € $ Q a b E 8S o o A z Accessory Uses L 9 9 F3 m Ty x m V i O'T a O ' >4 t1 O m O (] H ¢ 2 c c S L O m m o m m e m c c f0 m It '^ E o O p Fj w m O E E o o a 9 U ti 5 m _ U t m A i m C C m m ° O C a ¢ ¢ 2¢ ¢ e ¢ ¢ m f a E E o m e .o U D E aia 22.E >.rrir m my E E � � EO m E E e a f E > o f o,m tL m S U C X J- LL LL Il L 6 E m Z £ Y O 6 U 4 a C O i p y I X m m S 3 5 0 D m $ j FFE FFE W _T• .r'C4 a -` Q 3 i u y c c a ct s m W n W Ul t1 a+ -' x z` O c < � rvn .s m mo i- t7f Sa U w � '� p cgy_ 30U d O< N N o w m u¢ M i U O O D U a O S 2 f 0 6 CoonseCCW paddrrg lots orebuchAas I I C C 1ivapa,tabon and y,,g„hrabes e C C C C C C C C C C C C C C C C C C C C C C C C C P C (s) Rabaay and bus depots.18A dlands C C C C tlnry and baupodeboo imbibes.Dectnca�subsla C C C C C C C C C C G e C c c C c C C C c c C C C C C C bats,panpng or ropdabrrp devices 111 eutrars rtassrM W welaf,gas.steam.petrdeum,a,e Pubic taribes-FYetwses,pobw stabara,Bra- C C e C c C C C c C C C e C c C C P C C C c C C C C c C IDS,and adrriasvobve dim of ga'aa^re'm ages aes.Pdmary and secondary schools vocP Tonal adsocks,and coaeges Aocessmry uses aM b.ai&lp astdnasy A A A A A A A A A A A A A A A A A A A A A A A A A A A r.aa to a pen Med use (7) waeress tNxo-rvnrr,rabens IaraGry IwrP1 Dy P P P P P P W14)(CS)) P P PPPPaawnstraave approvd a)a) t2)(2)a) (� >n>c+)U)n)(1)(1) l71(3) 17)(3)(3) I3) )(3)(7)(3)13)(3)(3) V"M�l�„a,r,a6C$ty IivTP1�, CC C c C C C C C CCC C C C c C C CC C G tmdroonal use patina IS)is)(B 18)(e)(6)(8)(e)la)(B)(9)(5)(�(5)(B) IS) )N)(41 la (4)(4)(4!3)(3) (3)(3)0) (3) C3)f3t(3)t3I(3I f3) (Ord.No.3439,§2,2-2-99;Ord.No.3470,§6,8-17-99;Ord-No.3543,§4,2-20-01;Ord No.3600.§3,5- ),02;Ord,No.3612,§3,8-6-02) 15.04.065 Transportation,public,and utilities 5 A conditional use permit is required if the land use development conditions. WTF exceeds the allowable building height of the 1. For WTF towers ninety(90)feet or less for a district. single user and up to one hundred twenty(120)feet 6. Transportation and transit terminal, includ- for two(2)or more users. tng repair and storage facilities and rail-Liuck sta- g. For WTF towers that are within the allow- Lions,except classification yards in the category of able budding height for the district in which they "hump yards." are located. 7 Accessory uses shall not include vehicular 3. All WTFs are subject to applicable portions dnve-through,drive-in,or service bay facilities. of KCC 15-08-035. 8. if on property owned, leased, or otherwise 4. A conditional use permit for a WTF is controlled by the city or other government entity required if it is greater than mnety(90) feet for a subject to KCC 15.08.035(1). single user or one hundred twenty (120) feet for (Ord.No.3439,§2,2-2-99;Ord No.3600,§3,5- two(2)or more users 7-02;Ord.No.3612,13,8-6-02) (Revised 1IM2) 15-44 k i a Kent City Code 15.04.070 15.04.070 Wholesale and retail land uses. zonug Dmincts n z -a Key n m L P=Pnnctpally i1 0 m p w Permitled Uses N i go .c E p u t d S=$peal tl$95 u u L S u p =` m I m m m E o z C=CoOonal USES r L m -cm g 3 3 v ¢ o a L p 0 0 ttQl A=Accessory Uses = p p a p p c F f m 2 o f m z u m o c oC w u Z7 m m C m m m o a m �` a c m W W L L C Z m L m m E m O p 10 m m p p m o o m 2m o ¢ o o o m U > b m Y a S p p Ein x 9 O3:° mm mCm LL�omE. 2Emm• mEm >m. >o. nmr ;5 o ¢ 5mE vf Uo UoE Uc UE Z O N ¢ ¢ E pvm UOo>EE a moE m m E P a (Ls c 04- m L LL Domm OE O , E im t $ a 3 o c n I m c c u c c p N u 3 g c n E c 3 o Eq c S c $ c < < N N N to to to m m I I I z U u u 0 U O D U c!) O 0 Sakenes and mnleceonel- P P P P res � 1 Wholesale balmy P P auk few P P P P P I71 (1) Fla-Yclalg Cenlers c P Retail sales of lernber,tools, P P P and o0w,buadeg maleA- sits,mcbdng preassem- / bled Preduc@ Hardware,paint.We.and P P P P P P P wallpaper(retaQ (tt) C4 Fanaegipnmol P P C3 eral mmclfendrse Dry P P P P P P goods va",and depart- (1t) (2) mend stom(re7i) Food and m snieswa P P P P P P S P S P Sims((at* (n) 112) (4) (121 (2) Autommoee aecrak Hair- p p P cycle boat.end reae- atronal rmtutles roles ('clad) �.e AubmaWe,WCMIt.mMn- P P P P - P P P P cycle and mama awes 1,3113) (5) m sores Iretal] 1131 Gasolene sannoo steams S S S S S W7 (e) le)S 3) 1e) del IS) ISO C Apparel and amesaones P P P P P A P (retail In) aRI FnrllaeR imam NmwMg P P P P P P p (21 Ealing and dudmg ealab- P P P P P P P A P P P P Fshmmles Inn dove (11) (15) 3) RI I ^�' Easing and rlrinlung aslab S C P S P P s I d wdn lhmWA J doe- Ito) (20) 20) �) 3) ^nxg ) am Eating taoabes for employ- A A A A e� Planned development Rldll c Saks (ta) 15-45 (Hemsed 11103) ) 15.04.070 Kent City Code twang Psba]s � o u u m m Key m y c 0 P=Principally O D m m a s Pelmined Uses u a n m o m z o p r 'o Usesu A ' P E { is C=C��wnal Uses c c n c O m o y O o A=Accessory Uses y p p 0 p c 1q f o 2 ° m ' o 0 0 O < QIi m — E m m P c `m ¢ `o E 6 J m m 10 m m >_ ;• C m m -J .7 m m t O b Y o 2• ci m o m E < < U O O ¢ tT m ¢- t[ 4 a U E E f p 0 it m E p m < t E 2- 2 2. m 2• m $ Pot E m m o m 0 m E E e E E E E m o m E o° U V m m E _ m q a o (,1 j Cm LL 1L O LL LL X Q O I G a e U ;5 4 = C Y j E E _, o u °P' e c a1 c c f o _o n a E Q E m 0 cc to w N f!3 N O N 10 J I Z D S m u c € e 0 N N Y Yl a] O f f- O 2 I Q U U O W �- N Q E � C U J l7 U < Q rq M N rot h N � f Z 3 7 Z Q 0 0 0 0 0 0 2 a Dr a-NrougNdma+Q b,X- C P (AlP P P noises(comrre nnagrelai (22 420 A 4 4 —other Nan eamg'dmA• me estab9shnwils) M weian s relai limits. P p ➢ P P P A A P antiques,bola.sPanng pil (15) (9) RI goods.P-ehy,11-1. photo supphes.sdeo rental,coff~supphas elc Liquor sore P P p P P P P P nn m Fame wppfies,hay.grand P P P toad.lerc ng.a1c-(rotas) Nursenes,greeNauses, P ➢ P gatden supphea,tools,etc Pet slaps(rebi and grootm P P P m� (2) Conpuiets and ewcir as P P P P p Yetai) (2) Nalels and nr" P P P P P P n11 Ci pleses witch Mtde P P oorttNapons doses, rnritd v a mrdwe d office.light matalachaaq. twage,and ootm mal Oualoo.alorage(w ng P P A A A A A P buck heavy equprera• (191 119)(19) (191 1191(19)(19) 19) and maraclor swage yards as alb.W by deveb opment standards.KCC 16.04 190and 15041951 Accessory uses and bob A A A A A A A A A A A A A A JAA A A A A A A A A A A "arslom"appr� 19) till(I6) 1611sst IIB) nant to a Pemneed use Agrctilumy related rattti C Rt) (Ord.No.3439,§2,2-2-99;Ord.No.3470,§7,8-17-99;Ord.No 3543,§5,2-20-0I;Ord.No-3600,§3,5- , 7-02,Ord No.3612,§3,8-6-02,Ord No 3648,§ 1,7-1-03) (Reased 11103) 15-46 Kern City Code 15.04 080 15.04.080 Wholesale and retail land use and visually accessible by pedestrians from the development conditions. sidewalk;and may include the following uses. 1. Bulk retail uses which provide goods for a. Retail establishments, including but not regional retail and wholesale markets; provided, limited to convenience goods, department and that each use occupy no less than forty-three thou- variety stores,specialty shops such as apparel and sand five hundred sixty (43,360) square feet of accessories,gift shops,toy shops,cards and paper gross floor area. goods, home and home accessory shops, florists, 2- All sales,storage, and display occur within antique shops,and book shops; enclosed buddnngs. b Personal services,including but not limited 3. Provided that any restaurant with drive-in or to barber shops,beauty salons,and dry cleaning; drive-through facilities shall be located a minimum c Repair services, including but not limited of one thousand(1,000)feet from any other drive- to television, radio, computer,jewelry, and shoe in restaurant use. repair, 4. Convenience and dell marts are linuted to a d. Food-related shops,including but not lim- maximum gross floor area of three thousand ited to restaurants(including outdoor seating areas (3,000)square feel. and excluding drive-in restaurants)and taverns; 5. Uses shall be limited to twenty-five(25)per- e. Copy establishments; cent of the gross floor area of any single-or multi- f. Professional services, including but not building development. Retail and service uses limited to law offices and consulting services;and which exceed the twenty-five(25)percent limit on g Any other use that is determined by the an individual or cumulative basis shall be subject planning manager to be of the same general char- to review individually through the conditional use acter as the above permitted uses and in accordance permit process.A conditional use permit shall be with the stated purpose of the district,pursuant to required on an individual tenant or business basis KCC 15 09-065.Interpretation of uses t and shall be granted only when it is demonstrated 12. Retail convemence grocery sales are that the operating charactenstics of the use will not allowed in conjunction with a gasoline service sta- adversely impact onsiie or offsite conditions on tion as a special permit use subject to the develop- either an individual or cumulative basis. ment standards listed in KCC 15 08 020 6. Special uses must conform to the develop- 13. Retail sales are limited to tires, batteries, ment standards listed in KCC 15.08.020 and accessories for industrial vehicle and equip- 7. Drive-through restaurants,only if located in ment a building having at least two(2)stones 14. Retail sales are permitted as part of a 8. Accessory uses are only allowed in cases planned development where at least fifty(50)per- where development plans demonstrate a relation- cent of the total development is for office use 4 ship between these uses and the principal uses of Drive-in restaurants, service stations, drive-in 1 k the property. cleaning establishments, and other similar retail 9. Other accessory uses and buildings custom- establishments are not permitted anly appurtenant to a permitted use, except for 15. Incidental sales and services, such as res- onsite hazardous waste treatment and storage facil- taurants, pharmacies, and retail sales, to serve iires,which are not permitted in residential zones. occupants and patrons of permitted uses when con- 10. Retail uses operated in conjunction with ducted within the same building,provided there is and incidental to permitted uses, provided such no exterior display or advertising. uses are housed as a part of the building comprising 16 Includes incidental storage facilities and the basic operations. loading/unloading areas 11. The ground level or street level portion of 17. Includes incidental storage facilities,which all buildings in the pedestrian overlay of the DC must be enclosed,and loading/unloading areas distinct,set forth in the map below, must be retail 18 Accessory uses shall not include vehicular or pedestrian-onented. Pedestrian-oriented devel- drive-through,drive-in,and service bay facilities opment shall have the main ground floor entry 19 Reference KCC 15 07 040(C), outdoor located adjacent to a public street and be physically storage landscaping 1547 (Revised 11103) 15.04.080 Kent City Code 20. Whenever feasible, drive-up/drive-through facilities shall be accessed from the rear of a site and run along an interior lot line or building eleva- tion. 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. 22. Any drive-up/drive-through facility shall be accessory to the principal use to which it is attached. Ground Floor Retail/Service Area V:wnt� 1 DC. ...u... Groww Roof RmWServire Use Required (Ord.No.3439,§2,2-2-99,Ord.No 3600,§3,5- 7- 7- 02;Ord.No.3612, §3,8-6-02;Ord.No.3648, §2,7-1-03) (Reused 11/03) 1548 f Kent City Code 15.04.090 15.04.090 Service land uses. zwmg @maths 'Zi z _Key P=Prinapally o 0 Z Permitted Uses S=Special Uses £ y T y u O c° 0 o m m a m '° C=Corldtbonal Uses c 'S m E w m 5 1 m ¢ D w U ° 5 N O A=Accessory Uses z p O 0 0 0 c H f- m m c m e a P a m Ti O i s 'c 'm m 9 _a a �,Ir m 2 u O r° W s t 11; la 1--c E 'c C o 'c 'c E E p E c m O m c u " N E c 'm O m o a m m ¢ v v m > 3 m Y m 0 O E z g o m m u m o ¢ o o E o m E m E m m Y 3 m U b E E �' 2` m .i'' m o E E 2 E m tzm' o E E m E E E E N 0 N E o (g V U `0 £ o a > > U m m LL m m m m c m o .£ r Ea ° L < a w o D >" C C IL LL O LL LL r, = m ? O S O C C m m U L C C O 2V o m m a m m m > > D o t o r ° F E E s '^ c z N c m o O L m C C N C C ° m E 3 ° ° C m N 'J L C m a o ¢ m N rn rn W 2 Z w U U m u a E m 0 a m ai w m vl u¢i 2 2 2 2 2 2 2 2 0 0 0 U U 0 0 2 2 2 2 2 0 Fm,tca,amwance real P P P P P P P P P P P estate sem (221 (1) RI (a) Inl Pasorelservras laundry, P P P P P P C P P P P dry cleannp.baba, (M 112) (10)Ito)(2) M salons.elloe mPar,hu- 1101 deratim Alaerariu P P P C P (t2) (a) Home daycare ➢ 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 1 Daybre 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 8dsness serves.dpatat- P P P P P P p ► P traW agalmes,and (121 RI O) vaploym rtl apenaes ♦Jdn9 m nenance and P P P P P P pest control (2) OuldUN garage(vldudrl9 P P A A A A A P atd coNgddr,abmee 19) yards as allowed by kCCKOC IpmeN andaNs. s.os tea and i 75D4195) Rer11a1 anal lee5mg sauces P P P P P P for"a O'cks,traders, 1 (21 kn re,and luuls Auto mpmr and wasnn9 C P P P P P C sen"ces(,rclud"9 body 121) (5) a°rk1 nepaa semces.watch TV, P P P P P P P P P a*ctncal.eWtm,vc, (12) 12) PI whdslery Pmlessoael servtoes dyed- P P P P P P P P P P rat dives,and other Rat (2) f3) heallh cat" atM aa- Nces Heavy apapnnnt Aral buck P P P C P fepar (9) Conlrad construction vase cons trucon et. Bmdr P P 1P 1(P) P7 (P (P1 P (1 1 P M sbuchopovaV,n VkrnGnB. (171 paving,and landswpm 1549 (Hewsed 11ro3) I f 15.04.090 Kent City Code zorwrg o,elnea -� z c m Q Key w a -m `o P=Principallyu o Permitted Uses _ m > > m a m z E _ J 8 S=Specle)Uses u S o o a V C) G L m m 9 P L O O m C=Conditional Uses c `m w O m n m a m, m i u o N U A=Accessory Uses y O m 0 0 m f f R ¢ r E m p 0 W > ; y m m j o m p i m m m m E - E c m m 4 m4 a m 0 0 E _o 5 w a m w .t-a ¢ n n it c o E c c m u U 0 0 E n m m Ir m m tc ccE m m 5 2l mcc cc m 'S E m m Y E >. 2 .2 a 2 m �' m X [g o n o E a m to m o T 7 m C 4 LL m IL IL m O D 7 m LO C 3 S E E _m m a) C O m �i cm a S m tm c M M 3 o p L m m c c 0 c c s N m � Z 2 � m E 3 $ I ¢ to N N Ol N 0 Z0V U 0¢ ¢ ¢ ¢ ¢ ¢ S 0 0 0 U f U 0¢ ¢ NNN ¢ 2 0 0 0 U U U' 0Edursomal aeNW%Vora- P P P P P P 1Z) aorw,trade,art MUM. danmry.b dH aM °*aLfty 1 s 5 5 5 S s s s S S s s s s s S s s s S arms (4) (4) HI HI (4) (V 10 W) N) 10 N) (al (4) 14) 10 N) (4) 14) 14) 14) rdmrwslratme and P d� P P P C P P P P P RI (5) aonal olfices-t)enara( — P P P P P P P P P P P P AhaliPpal rreee and Cla10' (1])I1]1 I])(13 p])(13)(131 I1]1(1]) RI 113)113) (131 ags — neseamk devaWPMMA. P P p P P P P 1 a) Il+) / ,ndleslRly c Flamed oa.'eWprmnl relay IW aat.s Accessoryuses and Cvn- A A A A A A A A A A A A A A A A 1 A A i A A A A A A (4) Ilee WSIOmBflY aPDV�- (r7 ltej(19)(la)(19)tie)tie) 18) rod b a pemaded eye C C Boardrg kernels and C hreedurg PSabo0warl6 p Velemary cirvcs and vmleh C P P P P C irery hosptals (e) (a) (e) PI (it) p P P P P AtlmMlalraave a eaeculne 'ftft rhrch are pad d a Predm n"wo mr a ratan gkees ulridd and nec- A A A A A essary to the eal IBZda prmwoaer parmreed use (Ord.No.3439,§2,2-2-99;Ord No.3470,§8,8-17-99;Ord.No-3543,§6,2-20-01;Ord.No 3600,§3,5- 7-02;Ord No 3612.13."-02,Ord.No.3647.§ 1,7-1-03;Ord.No 3648,§3,7.1-03) 1 (nevlsed 11/03) 15-50 1 Kent City Code 15.04.100 15.04.100 Service land use development 12. The ground level or street level portion of conditions. all buildings in the pedestrian overlay of the DC 1. Banks and financial institutions (excluding district,set forth in the map below,must be pedes- dnve-through). trian-oriented. Pedestrian-onented development 2 Uses shall be limited to twenty-five(25)per- shall have the main ground floor entry located cent of the gross Boor area of any single-or multi- adjacent to a public street and be physically and building development. Retail and service uses visually accessible by pedestrians from the side- which exceed the twenty-five(25)percent limit on walk;and may include the following uses- an individual or cumulative basis shall be subject a, Retail establishments, including but not to review individually through the conditional use limited to convenience goods, department and permit process A conditional use permit shall be variety stores,specialty shops such as apparel and required on an individual tenant or business basis accessories,gift shops,toy shops,cards and paper L and shall be granted only when it is demonstrated goods, home and home accessory shops, florists, that the operating characteristics of the use will not antique shops,and book shops; adversely impact onsite or offske conditions on b Personal services,including but not limited either an individual or cumulative basis. to barber shops,beauty salons,and dry cleaning, 3 All sales, storage, and display occur within c. Repair services, including but not limited enclosed buildings. to television, radio, computer,,jewelry, and shoe 4. Special uses must conform to the develop- repair, men[standards fisted in KCC 15.08.020 d Food-related shops,including but not lim- 5. Excluding auto body repair. ited to restaurants(including outdoor seating areas 6. Retail sales are permitted as pail of a planned and excluding drive-in restaurants)and taverns; development where at Jeast fifty(50)percent of the e. Copy establishments; total development is for office use.Drive-in restau- f Professional services, including but not 1 rants,service stations,drive-in cleaning establish- limited to law offices and consulting services;and ments, and other similar retail establishments are g. Any other use that is determined by the not permitted. planning director to be of the same general charac- 7. Other accessory uses and buildings custom- ter as the above permitted uses and m accordance anly appurtenant to a penniued use, except for with the stated purpose of the district,pursuant to onsite hazardous waste treatment and storage facil. KCC 15.09 065,Interpretation of uses. ities,which are not permitted in residential zones. 13- Except for such uses and buildings subject 8 Veterinary clinics and animal hospitals when to KCC 15.04,150. located no closer than one hundred fifty(150)feet 14 Conducted in conjunction with a principally to any residential use, providing the animals are permitted use. housed indoors, with no outside runs, and the 15. Accessory uses shall include vehicular I building is soundproofed.Soundproofing must be drive-through,drive-in,or service bay uses. designed by competent acoustical engineers- 16 Contract construction services office use 9. Those uses that are principally permitted in does not include contractor storage yards,which is the M3 zone may be permitted in the M2 zone via a separate use listed in KCC 15-04.040. a conditional use permit. 17. Outside storage oroperations yards areper- 10. Personal services uses limited to linen sup- rutted only as accessory uses.Such uses are mci- ply and industrial laundry services,diaper services, dental and subordinate to the principal use of the rug cleaning and repair services,photographic ser- property or structure ' vices, beauty and barber services, and fur repair 18. Includes incidental storage facilities and and storage services. loading/unloading areas. 11 Veterinary clinics and animal hospital ser- 19. Includes incidental storage facilities,which vices when located no Jess than one hundred fifty must be enclosed,and loadmg/unloadtng areas. (150)feet from any residential use, provided the 20. Shall only apply to medical and dental animals are housed indoors and the building is offices and/or neighborhood clinics. soundproofed 15-51 (Reused 11103) 1 i 15.04.100 Kent City Code 21. Auto repair, including body work, and washing services are permitted only under the fol- lowing conditions: a. The property is also used for heavy equip- ment 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 permited in the M3, general industrial zoning district. 22. Any associated drive-up/dnve-through facility shall be accessory and shall require a con- ditional use permtL Ground Floor Retail/Service Area �.t1LM 5T o� 0- JIG al +,+ma Ground Floor Retsd/Service Uw Required (Ord_No.3439,§2,2-2-99,Ord No.3600,§3,5- 17-02;Ord_No.3612. §3, 8-6-02;Ord. No.3647, 7-1-03,Ord.No.3648,§4,7-1-03) (Revised pros) 15-52 1 t ) Ken(City Code 15.04.110 15.04.110 Cultural,entertainment,and recreation land uses. Zonng Dztrkts s Fti c c U re y Key 8 o P-PrinaPaay 0 0q 1° a p r a Pennaled Uses S 5 9 • E E ii U aa S=Speaal Uses a i c° a m a 3 $$ • 0 ' C:Cmnad mnal USES i x SE p Y a }£ E# Y ¢ g a U e q A:AOOe55My Uses Y, a 0 p p F F m • J= iP o b t B p a _a s m m -a a 2 p$E 2' y 0 'uy b o 4 o io ¢ o v m ° V • ° m �° O z b r, a r m 3�. • e ` m a P c z , o m ¢ m : 3 m E m m • m E c U 3 p e m t ¢ ¢ �. ¢ ¢ m ¢ ¢ m f a U E E • • s 8 a E E 3 o f la O • m e LL e e a c c o T m a E g < LL Y C ' .4 t S A S O t • b £00 E a Y c ° n e o 'i o a N o � �P � � � $ � EEE Q tg tg m H v • � E � O p < N C? < < w N w N W N 7 f . 2 f m Z U O cc U Q O f f O Pedwrmganda nalwla P P P P P P P ases.suds as an yalar- (S) (sl ats7sadlos Ksbck end muaanwa P P a6u P'Ek assem lv OWwe)f P P P P P P P P spoft facrAft. (2) (z) a) (o audaomans and aNA- C Van halls.bowkq A%%. danylayaq ladmw. dubs,aMabc dubs.ISF MOM c rsa wwwa j (eadurrq ad•d lam Pubk � P P aMak"a.eeaa m *" aw op. +Pace use Camww. C C C C C C C C C C C C C C IcIcIpIp C P P C C C C C C C �.Pmas•Plarumaaws. (6) le) r?) m 9cV a asaok and oaiw C C C C rt Sbon bcfbss, ��ae twe.1 Emplay"raaeaSon areas IA A A A PMab Clbs ValowW C C C C C C C C C C C C C C C C C CC C P C C C C C C P lad➢aa.ab. tC (C Haaaabonal%lode DaftH.LI-I C P A A A A A A A A A A A JAA A A A A A A A A A A A A A !wa b•penMW usa () Pax+eaOaW bul?ups 4 A TEFIT In1P (Ord No.3435,§I, 1-5-99,Ord No.3439,§2,2-2-99,Ord.No.3470,§9,8-17-99;Ord.No.3543,§7,2- 20-01;Ord.No.3600,§3,5-7-02;Ord.No.3612,§3,8--02) 15-53 (Revised nm2) 15.04.120 Kent City Code 15.04.120 Cultural,entertainment,and 8 Public assembly facilities such as ampluthe- recreation land use development aters, arena, auditoriums, and exhibition halls conditions. allowed as a conditional use. 1. All sales,storage,and display occur within (Ord.No.3439,§2,2-2-99;Ord.No.3600.§3,5- enclosed buildings. 7-02;Ord No.3612,§3,8-6-02) 2. Principally permitted uses are limited to indoor paintball,health and fitness clubs and facil- ities, gymnastic schools, and other similar uses deemed compatible with the general character and stated purpose of the dtstncL 3. The ground level or street level portion of all buildings in the pedestrian overlay of the DC dis- trict(as shown in KCC 15.04.080)must be retail or pedestrian-onenled. Pedestrian-oriented develop- ment 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 lim- ited to restaurants(including outdoor seating areas and excluding drive-in restaurants)and taverns; e. Copy establishments; f. Professional services, including but not (united to law offices and consulting services;and ' g. Any other use that Is determined by the planning manager to be of the same general char- acter as the above pernaued uses and in accordance with the stated purpose of the district,pursuant to KCC 15.09.065,Use interpretations 4. Accessory uses shall include vehiculardrive- through,drive-in,or service bay facilities. 5. Business,civic,social,and fraternal associa- tions and service offices are principally permitted uses. 6. Principally permitted uses are limited to parks and playgrounds. 7. Principally permitted uses are limited to golf driving ranges. (Revised 11/02) 15-54 i Kent City Code 15.04.150 15.04.130 Resource land uses. zerin9 Datrt�s m is I Key P=Pnntlpany $ a b m Pennmed Uses ' am, min -a 7 V' g O a S=Special Uses ' m o < � m o f 8 Y c 1 C=ConddWnal Uses c F s e c £ v o C S S L =Accessory z ie 2 9 J9 00 0 3 m o tf tr m t A Uses n o t o o $ r r Q a ¢ c 8 z 5 Wr € 7 U O a E m m o m c ¢ c p E > E o A 9 ii O E s L 3 y in = rse 'fie it o m f m o = m S o 0 r r E o o g . o m o £ m in a ¢ ¢ E ¢ ¢ m ¢ ¢ m a F E p li -a 2 E E 2 2 E 2_ g.. m F o o E m E E m E E E E a O m E U Cg 5 a ma e m LL m m m m c m o f c Q Eo L a e g >• 3 m o N g a o o m $ p E `o a ¢ r y g m u WU 7 a F Y o` coi d17 < v¢i t¢A cc a a f f z cOi a o U O O f a Ayna hmal uses such as P P P P plan"andharvest ry d crops xkt hs0andry d Whalesale mwao nased"v es w pr.«. houses) Crop and tree tamrn9 P P P P P P P P P P P P P P P P P P P P $toroc a sh-0 O Uvm9. P P P prop 01 Agri,andcvrMr- sron d ayMral prob ids Ind kXkXkV Ped& ) a meal arAirg) Accessory uses and bib A A A A A A A A A A A A A A A A A A A A A A A A A A A A Ngs actmaray appurr Ill nerd to a pmmaed,se Flozdsrde s1z-Ws A A A A I3) al C31 III I al 1 (Ord.No 3439,§2,2-2-99,Ord.No.3470, § 10,8-17-99;Ord No.3543,§ 8,2-20-01;Ord No.3600,§3, 5-7-02;Ord.No.3612.§3,8-6-02) h 15.04.140 Resource land use development 15.04.150 Special use combining district,SU. conditions. It is the purpose of the SU district to provide for I. Other accessory uses and buildings custom- special controls for certain uses which do not anly appurtenant to a permitted use, except for clearly fit into other districts,which may be due to onsite hazardous waste treatment and storage facil- technological and social changes,or which are of ities,which arc not pernutted in residential zones. such unique character as to warrant special atten- 2. Roadside stand not exceeding four hundred tion in the interest of the city's optimum develop- (400)square feet in floor area exclusively for agri- ment and the preservation and enhancement of its 1 cultural products grown on the premises environmental quality. A special use combining 3. Roadside stands not exceeding four hundred district is imposed on an existing zoning district, (400)square feel in floor area,and not over twenty permitting the special use as well as uses permitted (20) lineal feet on any side, primarily for sale of by the undedytug zone. The combining district agricultural products on the premises. becomes void if substantial construction has not (Ord.No 3439,§2,2-2-99;Ord.No.3600,§3,5- begun within a one-year period, and the district 7-02;Ord.No.3612,§3,8-6-02) reverts to its original zoning designation.It is the 15-55 lRev,sed 11102) 15.04.I50 Kent City Code intent of the special use combining regulations to the site inrelation to its surrounding area,including provide the city with adequate procedures for con- streets,roads,streams,or other bodies of water,the trolling and reviewing such uses and to discourage development characteristics and zoning pattern of application for speculative rezoning. the area,and a scale and north arrow.The vicinity A. Uses subject to special use combining dts- map maybe in sketch form but shall be drawn with trio regulations.The following list is illustrative sufficient accuracy to reasonably orient the reader of the types of uses subject to special use combin- to the vicinity, and to adequately convey the trig district regulations and is not intended to be required information. exclusive: 2. A map or drawing of the site drawn to a 1. Uses which occupy or would occupy large scale acceptable to the planning services,generally areas of land. one hundred (100) feet to the inch The map or 2. Uses which would involve the construction drawing shall show the following information: of buildings or other structures of unusual height or a. Dimensions and names of streets bound- mass. ing or touching the site. 3. Uses which house,employ,or serve large b. Such existing or proposed features as numbers of people. streams or other bodies of water, rights-of-way, 4. Uses which generate heavy traffic. easements, and other physical or legal features 5. Uses which have unusual impact on envi- which may affect or be affected by the proposed ronmental quality of the area development. 6. Any use which does not lend itself to an c. Existing and proposed topography at interpretation of substantial simrlanty to other uses contour intervals of not more than five(5)feet in identified or described in this title. areas having slopes exceeding three (3) percent, 7 Uses which, in the judgment of the plan- and not more than two (2) feet in areas having ning manager,warrant review by the land use and slopes of less than three(3)percent. planning board and the city council. d. Accurate legal description of the prop- f 8. Examples of uses subject to review as erty. described in this subsection would include but are e. Existing and proposed structures or not limited to the following- buildings,including the identification of types and a- Commercial uses: sports stadiums, proposed use of the structures. All uses must be rodeos,fairgrounds,exhibition or convention halls, compatible with the major use. merchandise marls,and drive-in theaters. f. Off-street parking and loading facihties. b. Special environmental problems posed g. Dimensions of the site, distances from by:refineries,nuclear power generating plants,air- property lines,and space between structures. ports,heliports,sanitary landfills,extractive Indus- h. Tentative routing of dornesuc water Zes, solid waste incinerators, or energy/resource lines,storm drains,sanitary sewers,and other uul- very facilities rues, including an identification of planned dis- c. Hazardous wastes: offsite hazardous posal or runoff. waste treatment or storage facibues in M1 and M2 i. Elevations, perspective renderings, or districts only, subject to the provisions of KCC such other graphic material or evidence to illustrate 15.08.050. effect on the view enjoyed by and from other prop- B. Application procedures. The application erties in the vicinity, if required by the planning procedure for a special use combining district shall department be the same as for an amendment to this title as pro- j. Arclutectural renderings of buildings. vided in KCC 15.09.050,except that development k. A written statement providing the fol- plan approval is concurrent with the combining lowmg information district. (1) Program for development, including C. Documentation required. Required doeu- staging or timing. meutation is as follows: (2) Proposed ownership pattern upon I A vicinity map drawn to a scale not smaller completion of development. than one thousand(1,000)feet to the inch showing (Re ed ttroz) 15-56 t Kent City Code 15 04 160 (3) Basic content of restrictive cove- F. Minor and major adjustments. hams,if any. 1. if minor adjustments are made following (4) Provisions to ensure permanence and the adoption of the final development plan and ' maintenance of open space through means accept- approval of the combining district, such adjust- able to the city. ments shall be approved by the planning manager (5) Statement or tabulation of number of prior to the issuance of a building permit. Moor persons to be employed,served,or housed in the adjustments are those which may affect the precise proposed development. dimensions or string of buildings approved in the (6) Statement describing the relationship final plan, or the density of the development or of the proposed development to the city compre- open space provided hensive plan. 2 Major adjustments are those which, as (7) Statement indicating availability of determined by the planning director,substantially existing or proposed sanitary sewers change the basic design,density,open space uses, 3 Such other data or information as the plan- or other similar requirements or provisions Autho- ring department may require. rization for major adjustments shall be made by the D. Development standards. In reviewing and city council. approving proposed developments falling under 3 The-provisions of this subsecuon pertain- the purview of this section, the hearing examiner ing to minor and major adjustments shall apply to and city council shall make the following findings: various parts of a staged development. 1. That the location for the proposed use is (Ord.No.3439,§2,2-2-99,Ord.No.3600,§3,5- reasonable. 7-02.Ord.No 3612,§3,8-6-02) 2. That existing or proposed trafficways are adequate to serve new development 15.04.160 Development standards. 3. That setback,height,and bulk of buildings The development standards tables in KCC are acceptable for the proposed use and for the 15.04.170 and 15.04.190 determine the specific vicinity in which it is located. development standards for a zoning district. The 4. That landscaping and other site improve- development standards are located on the horizon- ments are comparable to the highest standards set tal rows and the zoning districts are located on the forth for other developments as set out in this title. vertical columns of these tables. The nunimum 5. That the performance standards pertaining dimensional requirements are located in the box at to air and water pollution, noise levels, etc., are the intersection of the column and the row The comparable to the highest standards specified for parenthetical numbers in the boxes identify spe- other uses as set out in tlus title. cific requirements applicable either to a special use 6. That the proposed development is in the or the entire zone.The parenthetical numbers cor- 1 public interest and serves a need of community- respond to numbers in the subsection immediately " wide or regional importance. following each table. In reviewing and approving special uses, the (Ord No 3439,§2,2-2-99,Ord No 3600,§3,S- hearing examiner and the city council may impose 7-02;Ord.No 3612.§3,8-6-02) such conditions as they deem necessary in the interest of the welfare of the city and the protection of the environment. E. Period of validity.Any special use combin- ing district shall remain effective only for one(1) year unless the use is begun within that time or construction has commenced.If not m use or con- struction has not commenced within one(1)year of the granting of the special use combining district, the combining district shall become invalid, and the original zoning designation of the land shall apply. 15-57 (Revs d 11103) . a 15.04 170 Kent City Code ' 6NwQu*0 Wed GWOH aPQOW dHW S� lE.4wpisay/yowelglnyy Aps o WW H-HW S S = 0 6 E a o f N 9_ legmpsee Ap=LillnNl Aµsuao wnlpeW W-eW $ s g q^ `o o e: `„ =a e ih �a r n aa _ F _ m mB S= $ : R IeguQW*H!Uweµ M AMu Q•O-I J-aW i e g o g e= V'e m ra all n 5 S x= R ^ R = .cam L esrgyumol IeNuaPlsatl MweYll^W 911-HW 8 `o = `e s^ E : L,a x 0 s OF EE>=nC Z£ e _ Fz F senauumol IequopmsU APwepgnW ZIl-HW a p V m IeµuapisaH NlwellU^W■aldnp O'Hri C n o i n1: o_g@ n s o8 .n d ywoueprvae Allwej-al6wS B-tlS e A" Egg n C _ lequapsae Agwe j-el6urS 9-tlS = S F s_ -= h_ We PlsaH Apwej-e16u1S S Y•tlS `s R _ n g�.�.e. z>= .`. IequepisaH Rywej-916WS C-US e`ns S a __._.Er _ ..� a � lequapsae/gwej-al6ulg Z•HS ,.,a a S A S= - - t lejrgj O 6V Rnuap%l-eS y _ c c Ieingmp6V ol-V e 8 R g R R a ie 'm m a y m � `m N 0 • C O m e C V O q 3 m E O m a a m `oa o am e E E m E EEO ^ 6 a E o E a r r a a T o E = m �O mU � Ili to N� S Q ti (Revised 11/03) 15-58 i � F Kent City Code 15.04.170 o o. 6wugww0 need G—H apgOW dHW ' lenuapsetl NwelNnW Apsuep 461H H•IiW i R k N IR s w n.LR O leeuopselj AmeAOMW Alsuac wnwew W-HW R ✓ c CD m1R •_ � O N N so+ leiryapsay Apwepllnn Apsuap Mo-I 9-yW N �' of � "Moo O t�1 aRNs; r 5 Z c s F £ Y r v z asnalwnol IepuopsaH Allwelnlnw 911-NW Y 0 w NFR >A= d a Np esnoywno ' * 1lelluaplsey NpueAUnW Ztl•HW NONs zz p3luaPsay Nwep11OW xal�0 0-kf W � � � O o: latuapseN AM —d-elsnns e•dS ^ o le'ivapsey Nwe j 3i61eS 9.yS ��� �� e � v1 lepuepsakl Nlwed-616WS S-"S ? le'lueplsoU Aj e=1 a16tgS C-US « R e g n ppuaplsay A4wej-a16u1S?-US Z z . 1wrnlnau6y wpuepsay I-us = a O c u m N N a m m a N 3 w i mtl m m N m �m J c m We tpJ Q c E U c 1 9$ Eoa n G a o tzf 7. 21, x m e J Q O O 15-59 (Revised 11163) 15.04.180 Kent City Code 15.04.180 Agricultural and residential land opments that attach three(3) units or less, in the use development standard MRT-12 or MRT-16 zoning districts the aggregate conditions. yard width need not be more than thirty(30)feet, 1. Minimum lot area is eight thousand five hun- but in no case shall a yard be less than ten(10)feet- dred(8,500)square feet for the first two(2)dwell- 12. Structures for feeding,housing,and care of ing units, and two thousand five hundred (2,500) ammals, except household pets,shall be set back , square feet for each additional dwelling unit. fifty(50)feet from any property line. 2. Mimmum lot area is eight thousand five hun- 13. Additional setbacks for the agriculture gen- dred(8,500)square feet for the first two(2)dwell- eral AG zoning district ing units, and one thousand six hundred (1,600) a Structures forfeeding,housing,and care of , square feet for each additional dwelling unit. animals shall be set back fifty (50)feet from any 3 Minimum lot area is eight thousand five hun- property line. dred(8,500)square feet for the first two(2)dwell- b. Transnional conditions shall exist when an ing units, and nine hundred (900)square feet for AG district adjoins a residential district containing each additional dwelling unit. a density of two(2)dwelling units or more per acre 4. To determine minimum lot width for irfegu- or a proposed residential area indicated on the city lar lots,a cucle of applicable diameter(the mini- comprehensive plan.-Such transitional conditions mum lot width permitted)shall be scaled within the shall not exist where the separation includes an proposed boundaries of the lot;provided, that an intervening use such as a river,railroad main line, access easement to another lot is not included major topographic differential, or other similar within the circle. conditions,or where the industrial properties face 5. Interior yards shall not be computed as pan on a limited access surface street on which the of the site coverage housing does not face When transitional condi- 6. Porches and private shared courtyard fea- bons exist as defined in this subsection,a yard of rules may be built within the front building setback not less than fifty(50)feet shall be provided. line. c. Seibacks,Green River.Industrial develop- , 7. For properties abutting on West Valley High- ment in the AG district abutting the Green River,or way,the frontage on West Valley Highway shall be Russell Road or Frager Road where such roads fol- considered the front yard, low the river bank,shall be set back from the ordi- 8 Proposed front yards less than twenty (20) nary high-water mark of the river a minimum of feet in depth are subject to approval by the plan- two hundred(200)feet Such setbacks are in accor- ning manager,based on review and recommenda- dance with the city comprehensive plan and in tion from the public works department relative to accordance with the high quality of site develop- the existing and future traffic volumes and right-of- ment typically required for the industrial park areas Zay requirements as specified in the city compre- of the city and in accordance with the state Shore- nsive transportation plan and city construction line Management Act of 1971, and shall be no standards more restrictive than. but as restrictive as, the 9. At least twenty (20)linear feet of driveway Shoreline Management Act shall be provided between any garage,carport,or 14. An inner court providing access to a dou- other primary parking area and the street propeny ble-row building shall be a minimum of twenty line with the exception of an alley property line. (20)feet 10. An aggregate side yard of thirty (30) feet 15. The distance between principal buildings shall be provided.A nummum of ten(10)feet shall shall be at least one-half the sum of the height of be provided for each side yard.On a comer lot the both buildings;provided,however,that in no case side yard setback shall be a minimum of twenty shall.the distance be less than twelve(12)feet.This (20)feet from the property brie requirement shall also apply to portions of the 11. Each side yard shall be a minimum of ten stone building separated from each other by a court (10)percent of the lot width;however,regardless or other open space. of lot width,the yard width need not be more than thirty(30)feet For multifamily townhouse devel- (Reused 11/03) 15-60 7 Kent City Code 15.04.180 16. The height limitations shall not apply to 24. Minimum lot width,building setbacks,and banns and silos;provided,that they are not located minimum lot size regulations may be modified within fifty(50)feet of any lot line. consistent with provisions for zero lot line and 17. Beyond this height,to a height not greater clustering housing development. than either four(4)stories or sixty(60)feet,there 25. The requirements of KCC 15.08.215 shall shall be added one(1)additional foot of yard for apply in any multifamily transition area, which each additional foot of building height. includes any portion of a multifamily district 18. The planning manager shall be authorized within one hundred (100) feet of a single-family to approve a height greater than four(4)stories or district or within one hundred(100)feet of a public sixty (60) feel, provided such height does not street right-of-way. detract from the continuity of the area When a 26. The requirements of KCC 15.09.045 for ` request is made to exceed the building height limit, multifamily design review shall apply to any mul- the planning manager may impose such conditions, tifarnily dwelling of three(3)or more units. within a reasonable amount of time,as may be nec- 27. Minimum lot area is eight thousand five essary to reduce any incompatibilities with sur- hundred (8,500) square feet for the rust two (2) rounding uses. dwelling units, and three thousand five hundred 19. Except for lots used for agricultural prat- (3,500) square feet for each additional dwelling tices, the maximum impervious surface area unit allowed shall be ten thousand(10,000)square feet 28. The following zoning is required to be in when the lot is greater than one(1)acre existence on the entire property to be rezoned at the 20. The following uses are prohibited. time of application of a rezone to an MR-T zone. a. The removal of topsoil for any purpose. SR-8, MR-D, MR-G, MR-M, MR-li, O, O-MU, b. Grade and fill operations; provided, that NCC,CC,GC,DC,or DCE. limited grade and fill may be approved as needed 29. All multifamily townhouse developments to construct permitted buildings or structures. in the MR-T zone shall be condominiums only A c. All subsurface activities,including excava- condominium plat shall be filed and recorded pur- tion for underground utilities, pipelines, or other suant to Chapter 6432 RCW prior to approval of a underground installations, that cause permanent development permit by the city. disruption of the surface of the land.Temporarily 30. As an option to the five(5) foot side yard disrupted soil surfaces shall be restored in a man- requirement for single-family development in all ner consistent with agricultural uses. multifamily zoning districts as set forth in KCC d. Dumping or storage of nonagricultural 15.04.170,a side yard width of no less than three solid or liquid waste,or of trash,rubbish,or nox- (3)feet may be utilized under the following condi- ious materials. lions: e. Activities that violate sound agricultural a. Fire hydrants for the development, as + soil and water conservation management practices. required by the fire code set forth in KCC Title 13, 21 Outdoor storage for industrial uses shall be will be placed a maximum of three hundred(300) located at the rear of a principally permitted strut- feet in separation; rare and shall be completely fenced. b. The required fire hydrants shall have a 22, Mobile home park combining district, minimum fire flow of one thousand five hundred MHP The standards and procedures of the city (1,500)gallons per minute;and mobile home park code shall apply. General c. Emergency vehicle access roads shall be requirements and standards for mobile home park provided to the development, which includes an design. KCC 12.04.055; mobile home parks, Ch. improved road accessible within one hundred fifty 12.05 KCC (150)feet of all portions of the exterior first floor 23 Except for lots used for agricultural prat- of the structure. tices, the maximum impervious surface area This option is subject to the approval of the allowed shall be ten thousand(10,000)square feet. Washington State Building Council. Application of this option shall be effective upon receipt by the city of Kent of such approval. 15-61 (Revised 11ro9) 4 15.04.180 Kent City Code , 31. Where lands are located wholly or partially development Such common open spaces may be within the urban separator, as designated on the retained under ownership by the owner or subdi- City of Kent Comprehensive Land Use Plan Map, vider,conveyed to residents of the development, dwelling units shall be required to be clustered, conveyed to a homeowners' association for the subject to the provisions of Ch- 12 04 KCC,enti- benefit of the residents of the development,con- , tled "Subdivisions, Binding Site Plans, and Lot veyed to the city with the city's consent and Line Adjustments."The density in a cluster subdi- approval or to another party upon approval of the vision shall be no greater than the density that city of Kent would be allowed on the parcel as a whole,includ- The minimum lot size of individual lots within a ing all critical areas (creeks, wetlands,geological clustered subdivision is two thousand five hundred hazard areas), and buffers, using the maximum (2,500)square feet,and the minimum lot width is density provisions of the zoning district in which it thirty (30) feet. In the event that common open is located. space prohibits development of one single-family The common open space in a cluster subdivision residence on the parcel, the common open space shall be a minimum of fifty(50)percent of the non- will be reduced by the amount necessary to meet constrained area of the parcel.The nonconstrained the mimmum two thousand five hundred (2,500) area of the parcel includes all areas of the parcel, square foot lot size.New lots created by any subdi- ' minus critical areas, as defined in RCW vision action shall be clustered in groups not 36.70A.030(5) as currently and hereinafter exceeding eight(8)units.Tbere may be more than amended, and buffets The remainder of the non- one (1) cluster per project Separation between constrained area of the parcel shall be the buildable cluster groups shall be a minimum of one hundred area of the parcel The common open space tracts twenty(120)feet. Sight-obscuring fences are not created by clustering shall be located and config- permitted along cluster lot lines adjacent to the ured in the manner that best connects and increases open space area protective buffers for environmentally sensitive 32. For multifamily townhouse developments areas,connects and protects area wildlife habitat, that attach three(3)units,the minimum building to creates connectivity between the open space pro- building separation shall be ten (10) feet- For vided by the clustering and other adjacent open duplex and single-family condominium townhouse spaces as well as existing or planned public parks developments, the minimum building to building and trails, and maintains scenic vistas- Critical separation shall be established through the Uni- areas and buffers shall not be used in determining form Building Code(UBC). lot size and common open space requirements in a 33. Where lands are located wholly outside the cluster subdivision. All natural features (such as urban separator,as designated on the City of Kent streams and their buffers, significant stands of Comprehensive Land Use Plan Map, dwelling Trees, and rock outcropping), as well as sensitive units may be clustered, subject to the applicable 3i'eas(such as steep slopes and wetlands and their provisions of Ch. 12.04 KCC- buffers)shall be preserved,as open space in a clus- (Ord.No.3439,§2,2-2-99,Ord.No.3470,§ 12, ter subdivision. 8-17-99, Ord. No.3523, §2, 9-19-00; Ord. No. Future development of the common open space 3551, § 13, 3-20-01; Ord No 3600, §3, 5-7-02; shall be prohibited- Except as specified on Ord.No.3612,§3,8-"2;Ord.No.3663,§8,10- recorded documents creating the common open 7-03) space,all common open space resulting from lot clustering shall not be altered or disturbed in a manner that degrades adjacent environmentally sensitive areas, rural areas, agricultural areas, or resource lands;impairs scenic vistas and the con- nectivity between the open space provided by the clustered development and adjacent open spaces, -� degrades wildlife habitat; and impairs the recre- ational benefits enjoyed by the residents of the Irtevtsed 11a3) 15-62 i 1 Kent City Code 15.04.190 15.64.190 Commercial and industrial zone development standards. Zoning Districts M- 0 a _ FF U m 4 m ig a) P O zi u 5 e m g S C) E g Q o E c w U E n U= o (� o E c it a m 0 e po _ d a U t7 p U o o lJ -uc < a c e @ E E rY E c o E m > > w S e m E 3 cZ1 E $ 8 8 o rs a o '= Y € o` v c z U Q o U u c�7 O i § 5 2� i a a Mlnanum tot area square feel a 10.000 10,000 5,00D 5.000 10.000/0,000 10.000 10.000 1 sae 1 sae 10,000 20y00 15,000 10 1 acre saes,as noted W 11 aq a sq a sQ p s4 h aq 1 WIN sa a ski h Sift a4 a sq Y 11 (1) Maasmum site Coverage:percent 40Y, 4011 1001i 1001% 5011 5011 4" 30% 50% 60% 6011 65% 7511 1 4014 6" of srb MWmum yard requrremrxds•feet Front yard 101 15 it (2) (3) 15 o 15111 20 h 25 it 30)h (5) (5) 1 (6) (7) 15 Y (5) (/ fA Side yard (8) (9) (2) (3) (10) (10) (10) (10) In) (121 (12) (13) (14) 5a1 112) p ) Side yard On Unki lg street Of (17) (17) (17) (16) 151 (17) Corner 101 I Rear yard (6) 20 it (2) Of (19) 119) (to) (191 (20) 120) (211 121) 5a (201 (2) (22) Yards,trenagwrtal conditions (231 (23) (24) 1(25) 1 1 (23) A (26) 1291 (29) (29) Oditionalsettachs 12 128) Her hl UmnaXon m SlOrfes/twi b 2 wry/ 3 wry/ /aryl 132) 2 wry/ 2 avyl 2 wry/ 3 sly/ 2,:ry/ 2 wry/ 2 wry/ 2 airy/ 2 wry/ 3910 2 wry/ 9 35 X /0 X 601 35 X 35 Y 35 h 400 X 35 h 35 q 95 R 350 404 35 a esceed m feel (30) (311 (30) 130) (30) (331 (35) 135) (35) 137) (38) 4351 (3s) ' )N landscaping The 1arMstapng regwemenls of Ch 15 07 I(GC snap apply (52) (52) 152) Outdoor storage (39) (39) Not Na) 1+01 (/z) 1/3) (/31 (a1) (45) (59) (43) N9 N1) (50 Signs The sign regulations or Ch 15.06 KCC shot spot, too) veMde drive-through,an". (+6) (46) (46) (+e) 1+61 446) and service bays 1 (61) Loading areas (47) Nit 1 (47) Nit 1+7) f48) (481 (49) (51) (4a) Oft-street parking The dl-Usti"parkvp requnemen4s of OL 15 05 KCC shwa apply f57) (571 (57) 157) (50) 1 158) 1 (56) Is71 I58) (50) (36) Pt) f31) (50J 15q 1311 (36) 150) ISo1 (50) 15q 15tn 150) 456) (50) f5o1 I501 456) 1561 (36) (50) (56) 153) 153) 454) (54) 163) Additional standards I40 156) t56) 1%1 (50) 45Q I5+1 15/1 (55). I55) 4541 464 156) (55) (55) (56) I561 (55) 1641 (s6) (56) 1� (05) (Ord.No.3439,§2,2-2-99;Ord.No.3543, § 9,2-20-01;Ord.No.3600,§3,5-7-02;Ord.No 361Z §3,8- 1 6-02;Ord.No.3648,§5,7-1-03) 15-63 (Revised 11/03) i 15.04.195 Kent City Code 15.04.195 Commercial and industrial land use 10 No side yard is required,except abutting a development standard conditions. residential district,and then the side yard shall be 1. Minimum lot of record or five thousand twenty(20)feet minimum. (5,000)square feet,whichever is less. IL An aggregate side yard of thirty (30) feet 2. None,except as required by landscaping,or shall be provided.A minimum of ten(10)feet shall ' if off-street parking is provided onsite. See the be provided for each side yard.On a corner lot the downtown design review criteria outlined in KCC side yard setback shall be a minimum of twenty 15.09.046. (20)feet from the property line. 3. No minimum setback is required. If a rear 12. The side yards shall have an aggregate and/or side yard abuts a residential district, a width of ten(10)percent of the lot width,but the twenty(20)foot rear and/or side yard setback may aggregate width need not be more than forty(40) be required.See the downtown design review cri- feet There shall be a minimum of fifteen(IS)feet teria outlined in KCC 15.09.046. on each side. 4. For properties abutting on West Valley High- 13. The side yards shall have an aggregate way,the frontage on West Valley Highway shall be width of ten(10)percent of the lot width,but the considered the front yard aggregate width need not be more than thirty(30) 5. The minimum front yard setback shall be feet.There shall be a minimum of ten(10)feet on related to the classification of the adjacent street. each side. This classification shall be determined by the city 14. The side yards shall have an aggregate transportation engineer. The setbacks are as fol- width of ten(10)percent of the lot width,but the lows: aggregate width need not be more than twenty-five a. Properties fronting on arterial and collector (25)feet There shall be a minimum of ten(10)feet streets shall have a minimum setback of twenty on each side. (20)feet. 15. A side yard of at least five(5)feet in depth b. Properties fronting on local access streets shall be provided along the side property lines, j shall have a minimum setback of twenty(20)feet. except no side yard shall be required between adja- J 6. The minimum front yard setback shall be cent properties where a common,shared driveway related to the classification of the adjacent street. with a perpetual cross-access easement is provided This classification shall be determined by the city to serve the adjoining properties. transportation engineer. The setbacks are as fol- 16_ Where a side yard abuts a residential dis- lows: trict,a side yard of at least twenty(20)feet shall be a. Properties fronting on arterials and collet- provided , tot streets shall have a mimmum setback of forty 17. The minimum side yard on the flanking (40)feet street of a comer lot shall be related to the classifi- b. Properties fronting on local access streets cation of the adjacent street This classification _ ball have a ounimum setback of thirty(30)feet. shall be determined by the city transportation engi- , 7. The from yard shall be ten(10)percent of the rim.The setbacks are as follows: lot depth. Regardless of lot size, the yard depth a Properties fronting on arterial and collector need not be more than thirty-five(35)feet streets shall have a minimum setback of forty(40) 8 No side or rear yard is required,except when feet. abutting a district other than NCC, and then the b. Properties fronting on local access streets yard shall be not less than five (5) feet in width, shall have a minimum setback of thirty(30)feet unless the abutting district or use is residential and 18 The side yard on the flanking street of s cor- then the yard shall be ten (10)feet in width and ner lot shall be at least ten(10)percent of the lot fully landscaped. width, urdess the ten (10) percent figure would 9. No side yard is required,except when abut- result in a side yard of greater than twenty(20)feet, ung a more restrictive district, and then the side in which case the side yard need not be more than yard shall be not less than twenty(20)feet m width twenty(20)feet (Revised 11l03) 15-64 , j r r rKent City Code 15.04.195 r 19. No rear yard is required,except abutting a housing does not face. When transitional condi- residential district,and then the rear yard shall be lions exist as defined in this subsection,a yard of twenty(20)feet minimum. not less than fifty(50)feet shall be provided. 20. No rear yard is required,except as may be 26. Structures for feeding,housing,and care of required by other setback provisions of this sec- animals shall be set back fifty(50)feet from any Lion. property line. 21. No rear yard is required,except as may be 27. Transitional conditions shall exist when an requited by transitional conditions. MA district adjoins a residential district containing 22. A rear yard of at least five(5)feel in depth a density of two(2)dwelling units or more per acre shall be provided,except when a rear yard abuts a or a proposed residential area indicated on the city residential district.and then a rear yard of at least comprehensive plan. Such transitional conditions twenty(20)feet in depth shall be provided. shall not exist where the separation includes an 23. Transitional conditions shall exist when an intervening use such as a river,railroad main line, industrial park Mi or MI-C district and AG district major topographic differential, or other similar adjoins a residential district containing a density of conditions,or where the industrial properties face r two(2)dwelhng units or more per acre or a pro- on a Limited access surface street on which the posed residential area indicated on the city compre- housing dges not face When transitional condi- hensive plan.Such transitional conditions shall not tions exist as defined in this subsection,a yard of exist where the separation includes intervening use not less than fifty(50)feel shall be provided. such as a river,freeway,railroad main hne,major 28. Industrial development in the MA district topographic differential, or other similar condi- abutting the Green River, or Russell Road or lions,or where the industrial properties face on a Frager Road where such roads follow the river Limited access surface street on which the housing bank, shall be set back from the ordinary high- does not face When transitional conditions exist as water mark of the river a minimum of two hundred defined in this subsection,a yard of not less than (200) feet. Such setbacks are in accordance with fifty(50)feel shall be provided, the city comprehensive plan and are in accordance 24. Transitional conditions shall exist when an with the high quality of site development required M2 district adjoins a residential district containing for the industrial parks area of the city,which MA a density of two(2)dwelling units or more per acre areas are designated to become in the city plan, or a proposed residential area indicated on the city and are in accordance with the state Shoreline comprehensive plan Such transitional conditions Management Act of 1971, and shall be no more shall not exist where the separation includes an restrictive than,but as restrictive as,the Shoreline intervening use such as a river, freeway, railway Management Act main line,major topographic differential,or other 29. Development in the M1 or Mi-C district similar conditions, or where the industrial proper- and AG district abutting the Green River,or Rus- tics face on a limited access surface street on which sell Road or Frager Road where such roads follow the housing does not face.When transitional con- the river bank,shall be set back from the ordinary ditions exist as defined in this subsection,a yard of high-water mark of the river a minimum of two not less than fifty(50)feel shall be provided hundred (200) feet. Such setbacks are in accor- r 25 Transitional conditions shall exist when an dance with the state Shoreline Management Act of M3 district adjoins a residential district containing 1971.and shall be no more resinctive than,but as a density of two(2)dwelling units or more per acre restrictive as,the Shoreline Management Act. or a proposed residential area indicated on the city 30. The planning manager shall be authorized comprehensive plan. Such transitional conditions to grant one(I)additional story in height,ifduring shall not exist where the separation includes an development plan review it is found that this addi- intervening use such as a river;railroad main Line, tional story would not detract from the continuity major topographic differential, or other similar of the area More than one(1)additional story may ' conditions,or where the industrial properties face be granted by the planning commission. on a hauted access surface street on which the 31 The downtown design review requirements of KCC 15.09.046 shall apply. r15-65 (Revised 11ro3) r r 15.04.195 Kent City Code 32. No maximum height limit is required. See 40 Outdoor storage areas shall be fenced for the downtown design review criteria outlined in security and public safety by a sight-obscuring -� KCC 15.09.046. fence unless it is determined through the develop- 33. Beyond this height,to a height not greater ment plan review that a sight-obscuring fence is than either four(4)stories or sixty(60)feet,there not necessary. ' shall be added one(1)additional foot of yard for 41. Any unfenced outdoor storage areas shall each additional foot of building height. be paved with asphaltic concrete,cement,or equiv- 34. The planning manager shall be authorized alent material to be approved by the city engineer. to approve a height greater than four(4)stories or 42. Outdoor storage(for industrial uses) shall sixty (60) feet, provided such height does not be at the rear of a principally permitted structure detract from the continuity of the area When a and shall be completely fenced. request is made to exceed the building height limit, 43. Outside storage or operations yards in the the planning manager may impose such conditions, M 1 or M 1-C district arid AG district shall be per- within a reasonable amount of time,as may be nec- nulled only as accessory uses.Such uses are inci- essary to reduce any incompatibilities with sur- dental and subordinate to the principal use of the rounding uses property or structure.Outside storage or operations 35. Beyond this height,to a height not greater yards shall be confined to the area to the rear of the than either four(4)stones or sixty(60)feet,there principal building or the rear two-thirds(2/3)of the shall be added one(1) additional foot of yard for property and reasonably screened from view from each one(1)foot of additional building height The any property line by appropriate walls, fencing, planning manager shall be authorized to approve earth mounds, or landscaping. Outside storage one(1)additional story,provided such height does exceeding a height of fifteen(15)feet shall be so not detract from the continuity of the industrial placed on the property as to not detract from the area, and may impose such conditions as may be reasonably accepted appearance of the district. ' necessary to reduce any incompatibility with sur- 44. Outside storage or operations yards shall be `l rounding uses.Any additional height increase may confined to the area to the rear of a lme which is an ) be granted by the land use and planning board. extension of the front wall of the principal build- 36. Design review for mixed use development mg, and shall be reasonably screened from view is required as provided in KCC 15.09.045(E) from any street by appropnate walls,fencing,earth 37. The height limitation is two (2) stories or mounds,or landscaping. thirty-five(35)feet.Beyond this height,to a height 45. Outside storage or operations areas shall be not greater than either four(4)stones or sixty(60) fenced for security and public safety at the property feet,there shall be added one(1)additional foot of line. yard for each two (2) feet of additional building 46 Wherever feasible, drive-up/drive-through eight.Tux planning manager sh all be authorized facilities shall be accessed from the rear of a site 8 approve one(1)additional story,provided such and run along an interior lot line or building eleva- height does not detract from the continuity of the tion. landscaping, sufficient to soften the visual industnal area,and may impose such conditions as impact of vehicle stacking areas,may be required may be necessary to reduce any incompatibility 47 Loading areas must be located in such a with surrounding uses Any additional height manner that no loading,unloading,or maneuvering increases may be granted by the planning comnus- of trucks associated therewith takes place on public Sion rights-of-way. 38 The height limitation is three(3)stones or 49. Earth berms and landscaping shall be pro- forty (40) feet An additional story or building vided along street frontages as necessary to screen , height may be added,up to a maximum of five(5) dock high loading areas from public rights-of-way. stones or sixty (60) feet, with one(1) additional Berms shall be a minimum of thirty-six(36)inches foot of building setback for every additional foot of and a maximum of forty-two(42)inches in height budding height over forty(40)feet. Landscaping located on the berm shall conform to 39. Outdoor storage areas are prohibited. type III landscaping as described in KCC 15 07.050. (nevtsed 1[ros) 15-66 r Kent City Code 15.04.195 49. Earth berms and landscaping shall be pro- 57. Off-street parking may be located in- vided along strew frontages as necessary to screen required yards except in areas required to be land- dock-high loading areas from public nghts-of-way. scaped. Beans shall be a minimum of thirty(30)inches in 58. Those areas not required to be landscaped ' height.Landscaping located on the berm shall con- may be used for off-street parking. form to type III landscaping described in KCC 59. Outdoor storage is allowed only as an 15.07.050 pertaining to visual buffers. accessory use to small scale, light industrial, or 50. Development plan approval is required as manufacturing operations when: the building, provided in KCC 15.09.010. structure, or total operation, including all indoor 51. Earth berms and landscaping shall be pro- and outdoor storage areas, does not encompass vided along street frontages as necessary to screen more than ten thousand (10,000) square feet of dock-high loading areas from public rights-of-way. total area Berms shall be a minimum of twenty(20)inches in 60. Signage on commercial uses to the M J-C height.Landscaping located on the bens shall con- zone shall be as specified in KCC 15.06.050(B) form to type III landscaping described in KCC Signage on industrial uses in the MI-C zone shall 15.07.050 pertaining to visual buffers. be as specified in KCC 15.06 050(E). ' 52. Where building walls face adjacent streets 61. Any-eating establishment with a drive- and are unfenestrated for more than forty(40)feet through/drive-in facility shall be located a min- a[any point along the facade,additional landscap- mum of one thousand(1,000)feet from any other ing shall be required to reduce visual impacts.In restaurant with a dnve-throughldrive-in facility. such circumstances,type 11 landscaping,as defined 62- Parking should be located either next to or in KCC 15.07.050,shall be required-,provided,that behind the building.Parking should not be placed evergreen trees shall be at least ten (10) feet in between the street and the building. height and deciduous trees shall be a minimum of 63. A direct pedestrian connection shall be pro- ' two(2)inch caliper at the time of planting. vided from the street to the building. 53. Predominant activities and operations shall 64. Screening by either an enclosure andlor be completely enclosed within buildings or swc- evergreen landscaping shall be provided for tures,except for customary appurtenances such as mechanical equipment,service doors,and garbage I loading and unloading areas,or where special con- areas.Rooftop equipment shall be enclosed with a ditions exist as a result of a conditional use public parapet or similar design feature. hearing The planning manager shall be authorized 65. Structures shall be designed to maintain the to determine the reasonable application of this pro- residential character of the surrounding neighbor- vision in cases of operational hardship or other hood. Modulating the building mass,adding dor- showing of uncommon circumstances. mer windows,covered entryways,or porches are 54. Multitenant buildings shall be permitted ways to enhance the human scale and provide a res- ^� 55. All required yards, parking areas, storage idential dimension to structures. areas,operations yards,and other open uses on the (Ord.No.3439,§2,2.2-99;Ord No.3600.§3,5- site shall be maintained in a neat and orderly man- 7-02; Ord No-3612, § 3, 8-6-02;Ord.No. 3648, ner appropriate for the district at all times. The §6,7-1-03) planning manager shall be authorized to reason- ably 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 noncom- ' pbance.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. 15.66.1 (aevaed naxr) r r 4 15.04.200 Kent City Code 15.04.200 Mixed use overlay development standards. Overlay Districts GC-MU O-MU CC-MU Floor area ratio 4010 mrnnrrcrt uses 40 for cortutu:mal uses. 40 to eommercul uses. 1.40 50 for srsmnrrc W uses eonbuxd wth 30 fa canmeresal uses combirsed wish 30 for commercial uses cornbsoed with midentul uses,provided,that mmmrs- residential uses:provided.thin comm¢r. residential uses,provided tsar commes. seat floor area may be increased by Fine cat floor area assay be increased by are said floor area may be increased by are (1)square foe,to each aquae foot of (1)square Poor for each square foot of (1)square foot for etc►square foot of residential Door an provided up m a rurdesutal atur area provided up to a nsWcntW floor art,provided up to a ' musmuin rvamrucvl FAR of 3. maintain eaamrstsal FAR of 3 otaxurmm com sercsal FAR of 3. 1.0 fa raWeaual sinus:provided,that 10 for restdeaud uses,provided,that 10 for sessdeotial rasa."Wed.am sesidential FAR may be increased by.5 resrdenlial FAR may be trarrasd by 3 residential FAR my be increased by.5 if parking as provided below grade.up if parking u provided below grade,sip ifparking as provided below grade,up to a intuitionist of 13 m a masimum of 13 as a musimua of 13 Site coverage �y(40)percent facontraucsal uses. irony(40)percent for corsuaeiceal uses, Jissrea y(40)percent(or commdc"sal suet. Sixty(60)percent for an®uetcisl uses Slay 460)percent for comruesrial sera y(60)peraa fm caarneseu)urn wish residential uses.provufed,that wish sessdeaial uses.provided,that residential since:provided,that twenty-fire(25)percent of The gross tweay{sve(25)prsmu of the gross _ ty-five(yin)percent or the gran Boa area u rcudeaid use, lh.area AS residential sue ins residential use Height Twmry-five(25)fees,provided,slat Twenty-five(25)feet.provwd.thin Twenry-five(25)feet,provaded thin basic heights my be increased asp to the bass heights may be increased up as the basic heights my be increased up as the maai mmin height of forry(40)feat(I) mazunum height of forty(40)fear I" marmot height or forty(40)fed(I) Front yard Zero(0)fat,provded,that some set- Zeso(0)fat pmvrded.tins sane sat- Zero(0)fat,provided,that sense ter- back my be Tequud an Me(rain yard back may be required in the front yard bane my be required m the fzow yard to accommodate a sidewalk which shall to acconunodare a sidewalk which shall to accommodate a sidewalk which shall be m least tea(10)fees in width. be at least ten(10)fees in width be at least ten(10)fat m width Rear and side yard Zero(0)feet pins add.that setbacks of Zem(0)tees,provided that Setbacks of Zero(0)feet.provided,thin setbacks of ar bast twessy(20)fin will be required a lease twenty(20)feet will be required a least twenty(20)fat will be cegared a any rest a side yards that are adp- many rear a mile yards thin are adp- many test,aside yards thin are adp. i crass m a Mackin sal zomog district cent to a residential zoning dbsurm ant to a mdeaol zoning drmrses Off-street parking RetaWotfrce uses Four(4)spaces per ReusUoffsce uses-Four(4)spaces per RdarVoffus rues Four(4)spaces per one thousand(1000)square taxes of one thousand(1,000)square fat of one thousand(I,000)square feu of floor area(n not ass (3) floor area(a) Residential uses (3) Residential ones(r) Residemal uses Pl (Ord No 3439,§2,2-2-99;Ord No.3440,§6,2-16-99;Ord.No.3600,§3,5-7-02;Ord.No.3612,§3,8- 6-02) , 15.04.205 Mixed use land use development 2 The first three hundred(300)square feet of I„ standard conditions. relatl or office space that is a part of an individual 1. The following height modifications shall residential unit is exempt. apply: 3 The following parking requirements shall a. Five (5) foot increases for developments apply: containing residential uses;provided,that twenty- a Studio. .75 per dwelling unit (du) without five(25)percent of gross floor area is in residential commercial uses; .50/du with commercial uses; use. provided, that twenty-five (25) percent of overall b. Five(5) foot increases for parking under gross floor area is in commercial uses. the building. b. One-bedroom: 1.5/du without commercial c. Five(5)foot increases for using a pitched uses;_I 0/du with commercial uses,provided, that ' roof form twenty-five(25)percent of overall gross floor area d. Five (5) foot increase for stepping back is in commercial uses. from the top Door(minimum of five(5)feet). c. Two-bedroom 2.0/du without commercial uses; 1.25/du with commercial uses;provided,that Y` (Revised 11103) 15-66.2 Kent City Code 15.05.010 twenty-five(25)percent of overall gross floor area Chapter 15.05 is in commercial uses. (Ord.No.3439,§2,2-2-99;Ord.No.3600,§3,5- OFF-STREET PARKING AND LOADING 7-02;Ord.No.3612,§3,8-6-02) REQUIREMENTS* ' Sections: 15.05.010 Purpose 15.05.020 Categories of uses and conditions of uses covered by chapter. 15.05.030 Location of off-street parking. 15 05.040 Parking standards for specific activities, 15 05.050 Drive-in businesses. 15.05.060 Loading space. 13.05.070 Off-street parking regulations for downtown commercial and downtown commercial enterprise districts. 15.05.080 Size and design standards. 15.05.090 Overhang exception,laudscaping, paving,wheel stops,drainage,lighting and curbing 15.05.100 Off-street parking plans. *Cross rduvn c(s)-Puling®golaaons,chi 9 39. t 15.05.010 Purpose. A. It is the purpose of this chapter to specify the off-street parking and loading requirements for all uses permitted in this title,and to describe design standards and other required improvements B. The planning director shall have the author- ily to waive or modify specific requirements of this chapter or to impose additional off-street parking requirements in unique circumstances to ensure 1 that the intent of this chapter is met and to allow for 1y Flexibibty and innovation in design. Unique cir- cumstances may include,but are not limited to the following: 1. Proximity to transit stations, transfer points,or transit stops; 2 Flexible work hour scheduling for employ- ees, 3. Documentation of parking patterns and demand of employees and patrons; 4. Physical circumstances of the site such as topography, lot sizelshape, and environmentally sensitive areas. ' (Ord.No.3409,§39.7-7-98) 15-663 (Revhed 1102) Kent City Code , i i This page left intentionally blank. .F 1 i i i 1 - i 1 1 Kent City Code 15.05.040 15.05.020 Categories of uses and conditions of 15.05.040 Parking standards for specific uses covered by chapter. activities. A New construction New construction is cov- A. Standards for the number of parking spaces ered by this chapter as follows: for specific activities are indicated in the following ' 1. Buildings constructed or enlarged. chart: 2. Other structures or use areas constructed or enlarged. SPECIFICL4NDUSE PARKING SPACE 3. Parking lots constructed or enlarged as foi- REQUIREMENT lows. a If new or adding the equivalent of fifty Living acrivuies (50) percent or more of the existing parking lot single-family Two(2)parking spaces per single- area,the entire parking facility must meet the scan- family dwelling. dards of this title. Duplex Two(2)parking spaces per b. If adding less than fifty(50)percent of dwelling met. the existing parking lot area,only the new portion Multifamily, One(1)parking space per unit for must meet the standards of this title. efficiency apartments in all sized ' B Change in use.When the occupancy of any developments;two(2)parking land use, structure or building, or any part of a spaces for each dwelling unit for building, structure or land use, is changed to developments with forty-nine(49) 1 another use,parking shall be provided to meet the or less dwelling units,one and parking requirements of the new use. eight-tenths(1.8)parking spaces per dwelling unit for developments of fifty(50)or more 15.05.030 Location of off-street parking. dwelling units.For developments A- Single-family dwellings. Required parking of fifty(50)or more dwelling for a single-family dwelling shall be located on the was,one(1)parking space for same lot as the building it is to serve. each fifteen(15)dwelling units for B Multifamily dwellings.Required parking for ,«■taus,vehicles_ multifamily dwellings may be on a contiguous lot Multiple dwellings for Oiic(1)parking space for cash if located within five hundred (500) feet of the low-income elderly z two(2)dwelhng dwelling units The lot shall be legally encumbered Hits by an easement or other appropriate means to Accessory dwelling One off-street parking space per ensure continuous use of the parking facilities. unit accessory unit is required in Documentation shall require review and approval addition to the required parking of the city attorney. for the single-family home The C Other uses. For uses other than those planning director may waive clots •.� requirement where there are described in subsections (A)and(B)of this sec- special chew,stassces related to tion,required parking may be in areas other than on the pmperiy and its location.The the premises if the required amount of parking area surface of a required ADu off. is set aside for a particular use in such a lot and street parking space shall comply such area is not located more than five hundred with KCC 15 05.090(C). (500)feet from the premises.The lot or area to be Boardinghouses and One(I)parking space for the utilized shall be legally encumbered by an ease- lodging houses proprietor,plus me(1)space per ment or other appropriate means to ensure contin- sleeping town for boarders or ' uous use of the parking facilities Documentation lodging use.plus one:(I) n shall require review and approval of thee city ty an additional space for cash four(4)on- pcmw employed on the ney premises. ' 15-67 15.05.040 Kent City Code P14PXINGSPXCE 1WRKING SPACE SPECIE/C1w ND USE PEQUIREMENT SPECIFICLINDUSE REQUIREMENT Mobile and Two(2)parking spaces for each Uncovered One(1)parking space for each manufactured home mobile home sue,plus one(1) commercial area,new five thousand(5,000)square feet parks screened space for ach ten(10) and used car lots,plant of retail sales area in addition to ' lots for recreation vehicles. nursery any parking requirements for buildings,except what located in Recreational vehicle One(1)parking space for each a shopping center. park site Motor vehicle repair One(1)parking space for each Hotels One(1)parking space for each and services far hundred(400)square feet of guest room,plus two(2)parking gross floor area,except when part spaces for each three(3) of a shopping center. employees Industrial showroom One(1)parking space for each Commemiof ocnwnes and display five hundred(500)square feet of Banks One(1)parking space for tech splay am. twohundred(200)square feel of Bulk rein stores Ow(1)parking spas for each gross floor area,except when pan three hundred fifty(350)square , of a shopping tatter. feet of gross noon area professional and One(I)parking space for each Industrial achvirim business offices two hundred fifty(250)square feet of gross floor area,except Manufacturing, One(1)parking space for each when pan of a shopping center. research and testing one thousand(I,000)square feet laboratories, of gross floor area.For parking Shopping centers Four and one-half(4 5)spaces per creameries,bonhng requirements for associated office one thousand(1,000)square feet establishments, areas.see"professional and of gross kauablc area(GLA)for bakeries,canneries, business offices". `I centers having GLA of less than printing and engraving four hundred thousand(400,000) shops square Cat,and five(5.0)spaces per one thousand(1,000)square Warehouses and One(1)parking space for each feet of GLA for centers having a storage buildings two thousand(2,000)square fen GLA of over four hundred of gross floor area Maximum thousand(4W,000)square fed of icc area of two(2)percent of gross floor am may be included Restaurants, One(1)parking space for each without additional parking nightclubs,taverns and one hundred(100)square feel of requirements lounges gross floor area,except when part of a shopping center Speculative warehouse One(1)parking space for each and industrul one thousand(1,000)square feel Retail smrm. One(1)parking space for each buildings with of gross floor area if building size supermarkets, two hundred(200)square feet of multiple use or tenant is less than one hundred thousand department stores and gross floor at",except when potemral (100,000)square feet,or one(1) personal service shops located in a shopping ceriter- parking space for ach two Other retail One(I)parking spa"for each thousand(2,000)square feet of establishmenrr, five hundred(500)square feet of gross floor area for buildings furniture,appliance, gross floor area,ex"pt when whichsi sicced one huqured hardware stores, loaned in a shopping center grow rfd low ar00)square fen! household equipment gross u noes area.This is a service shops,clothing minimum requitement and valid ' or shot repair shops f«coF 1ructionHal park permit purposes only Final parking requirements Dave-tin business One(1)parking space for ach will be baud upon actual one hundred(100)square feet of occupancy. l ' gross floor area,except when ) boated an a shopping center. 15-68 , Kent City Code 15.05.040 PARKING SP.ICf PARKING SPACE SPECIFlCLANDUSE REQUIREMENT SPEClFlCIANDUSE REQUIREMENT Recieanon-amrasemeat acnvinet Colleges and Two and one-balf(2 V2)parking universities and spaces for each employee,plus Auddonums,theaters, One(1)parking space for cacti busmas and onie(1)space facach three(3) places of public four(4)fixed seats,or one(1) vocational schools students raiding on campus,plus assembly,stadiums parking space for each one one(1)space for each 5*5)day and outdoor sports hundred(100)square feet of floor student not raiding on campus.In was area of main sudrtonum or of addition,if buses for principal place of assembly not transportation of students are kept containing fixed seats,whichever at the school.one(1)off-suer u greater. parking space shall be provided Bowling alleys Five(5)spaces for each alley, for each but,of a size sufftetent to except when located in a shopping park each bus. center. One(1)additional parking space Dance halls and One(1)parkutg space for each for each one hundred(100) ' skating rinks two hundred(200)square feet of students shall be provided for gross floor area,except when visitors in the vicinity of or located in a shopping cents. adjacent to the administration portion of the building a Golf driving ranges One(1)parking space for each complex.Such parking spaces driving station shall be so designated by signing Miniature golfcourses One parking spa for each a other cep by traffic en ce marking g approved by tgineer. hole. Elementary andlumor Two and one-half(21/2)parking Recreatioinlbuildngs, One(1)parking space for each high spaces for each employee In whether independent two hundred(200)square feet of addition,if buses for or associated with a gross floor area Such spaces shall transportation of students are kept multifamily complex be located adjacent to the budding at the school,one(1)off-stred and!shall be designated for visitors parking space shall be provided by signing on othes special for each buss,of a at=snfficieat to markings park each bus Educational activities One(1)additional parking spas ' Senior high schools, One(1)space fa each employ= for each one hundred(100) public,parochial and plus one(1)space for each ten students shall be provided for private (10)students erxolled.In addition, visitors in the viciniry of" if buses for the transportation of adjacent to the administration • children are kept at the school,one portion of the building or (1)off-street parking space shall complex.Such parking spaces be provided hit ach bus,of a size shall be so designated by signing sufficient to park each bus or other special narking as approved by the traffic engineer One(I)additional parking span Libraries and One(1)parking space for each for each one hundred museums two hundred fifty(250)square students shall be providedded(a feet in office and public use_ visitor in the vicinity ofa adjacent to the administration Daycare cemers One(1)parking space for each ' potion of the building or mp eloyee,plus loading and complex Such parkgin spaca unloading areas shall be so designated by signing Of other apccral marking as ' approved by the traffic engrrieear. 15-69 1 15 05.040 Kent City Code SPEGFlCLfND USE P.tHKINGSPACE open space equal to that area that would be ' REQUIREMENT required for recreational vehicle parking.A vehicle less than twenty(20)feet long that is used as pri-mary transportation is not subject to recreational ' Medical and dental One(1)parkmg space for each vehicle parking regulations.If open space in lieu of offices two hundred(200)square feet of recreational vehicle parking is provided,its appro- gross floor area,except when priateness will be determined at the time of devel- located in a shopping cente` opment plan review by the planning department. ' Convalescent,nursing One(1)parking space for each Where enclosed garages are utilized to provide and health institutions two(2)employees,plus one(1) parking required by this title,an eighteen(18)foot parking space for each three(3) stacking space shall be provided in front of such beds garage units Provided, however, the planning Hospitals One(1)parking space for each director shall have the authority to approve altema- three(3)beds,plus one(1) tive plans where the developer can assure that such parking space for each staff garage units will continue to be available for park- doctor,plus one(1)parking space ing purposes and will not cause onsite parking or ' for each three(3)employees. circulation problems These assurances include but Religious acnvares are not limited to:(1)covenants that run with the Churches One(1)space for each five(5) land or homeowners' association that require seats in the main auditonuri garages to be utilized for the storage of vehicles, ' provided,that the spaces for any (2)maintenance of drive aisle widths of twenty-six church shall not be less than ten (26)feet in front of each garage unit,and(3)main- (10) For all wring churches tenance of minimum clearances for fie lanes on enlarging the among rapacity of the site. their auditoriums,one(1) 2. Exceptions for senior citizen apartments in additional parting space shall be provided for each five(5) multifamily buildings in the central business dis- additional seats provided by the trict. new construction For all existing a Approved building plans must show one churches making structural and eight-tenths(1.8)spaces per dwelling unit and a teranons or additions which do also shall show which spaces are not to be initially not increase the seating capacity of the auditorium,no additional installed.The additional spaces,plus any required ' parking need be provided. landscaping, shall be installed if at any time the structure is not used for senior citizen apartments Mortuaries or tumoral one(1)parking space for each or if the facility shows a continued shortage of homes me hundred(100)square feet of floor am of assembly rooms. pain b The requirement of one (1) space per Drher user For uses not specifically identified dwelling unit may be reduced to no less than one in this section,the a muitof (1) space for every two (2) dwelling units plus parking required shall be determined by tM planning employee parking as determined by the planning ' department,based on staff director.The planning director shall base his deci- exprnence,parking required for sion on the following: simitar uses.and,ifappropriate, (1) Availability or private, convenient, documentation provided by the regular transportation services to meet the needs of applicant the tenants; ' 1. Recreational vehicle parking spaces shall he (2) Accessibility to and frequency of in defined,fenced and screened areas with a mini- Public transportation; mum of a six(6)foot high sight-obscuring fence or Pedestrian access to health medical , landscaping as determined by the planning depart. and shopping facilities; merit,or the developer may provide areas of usable in subject t apartments; ✓ 15-70 , ' Kent City Code 15.05 040 ' (5) Special support services offered by D. Employee parking. Where employee park- the facility. ing will be maintained separately and in addition to c. Special parking for recreational vehicles parking for the general public, the regulations of will not be required as long as the facility does not this,subsection shall apply: permit recreational vehicles other than campers or 1 Minimum parking stall sizes,aisle widths vehicles that will fit into a normal-sized parking and percentage of compact car stalls shall be as per stall.if recreational vehicles are to be permitted on other requirements in this chapter. the development, they must be screened and 2 Employee parking must be clearly identi- ' fenced. fied as such and not become parking for thegcneral d. Compact stalls will not be permitted public. except for one-thud(in)of the required employee 3. If the employee parking is changed to park- parking. ing for the general public, the normal regulations B..Mixed occupancies or mixed use if one (1) for off-street parking shall be in force. occupancy.In the case of two(2)or more uses in 4. Employee parking shall not be in heu of the same building,the total requirements for off- parking requirements per activity as stated in this street parking facilities shall be the sum of the section. requirements for the several uses computed sepa- E. Temporary parking facilities Temporary rately; except in shopping centers, and except as parking facilities may be permitted by the planning provided in the mixed use overlay KCC 15.04.200. director when it has been shown that- Of!street parking facilities for one(I)use shall not 1. The existing use of the subject property has be considered as providing required parking facili- adequate legal nonconforming parking or that ties for any other use,except as permitted in sub- existing parking conforms to the applicable stan- section(C)of this section pertaining to joint use. dards of this title. C. Jointuse The minimum amount of off-street 2. The temporary parking facility is primarily ' parking required by KCC 15.05.040(A) may be intended to serve the public at large and not the reduced by the planning director when shared park- existing use on the property. ing facilities for two(2)or more uses are proposed 3. The temporary parking facility serves a if: public need. I The total parking area exceeds five thou- 4 The temporary facility meets the following sand(5,000)square feet; minimum standards: 2. The parking facilities are designed and a There shall be a minimum of two hun- developed as a single onsite common parking facil- dred eighty-five (285) square feet gross area per ' ity,or as a system of onsite and offsite facilities if stall all facilities are connected with improved pedes- b The pavement section shall be a mini- { than facilities and located within five hundred mum of four(4)inches of five-eighths(518)inch (500) feet of the buildings or use areas they are minus C R.crushed rock with bituminous surface intended to serve; treatment, subject to engineering department 3 The amount of reduction in off-street park- review. ing does not exceed ten(10)percent per use unless c. Onsite drainage control and detention it is documented that the peak parking demand shall be provided per the drainage ordinance hours of two (2) or more uses are separate by at d Ingress and egress and interior circula- least one(1)hour, uon and perimeter control shall be subject to traffic 4. The subject properties are legally encum- engineer approval. ' bered by an easement or other appropriate means F. Compact car parking. which provide for continuous joint use of the park- 1. Parking stall size shall be a minimum of ing facilities Documentation shall require review eight(8) feet by seventeen (17) feet. Aisle width and approval by the city attorney;and shall be per the requirements of KCC 15 05 080 ' S. The total number of parking spaces in the and diagram No.I following this chapter. shared parking facility is not less than the mini- mum required by any single use. 15-71 15.05.050 Kent City Code 2. Compact car parking spaces shall be 15.05.050 Drive-in businesses. ' clearly identified by signing or other marking as All banks,savings and loan associations,clean- 2ppr0ved by the city engineer. ing establishments,food dispensing establishments 3. Compact car parking spaces shall not and other businesses which maintain drive-in facil- exceed thirty (30) percent of the total required ities which are intended to serve customers who parking,and shall be interspersed equally through- remain in their motor vehicles during the business out the entire parking area. transactions,or are designed in such a manner that 4. See KCC 15.05-080 and diagram No.2 fol- customers must leave their automobiles tempo- lowing this chapter for typical compact car stall rarily in a driving line located adjacent to the facil- , arrangements ity,shall provide stacking space for the stacking of 5. No more than four(4)compact car parking motor vehicles as follows: stalls shall be placed side-by-side, or eight (8) A Stacking space.The drive-in facility shall be head-to-head. so located that sufficient stacking space is provided G. Transit and rideshareprovisions. for the handling of motor vehicles using such facil- 1 The planning director may reduce the nun- ity during peak business hours of such a facility. unum number of off-street parking stalls for bust- B. Driveway location.Entrances and exits shall nesses which have a commute trip reduction not be so located as tocause congestion in any pub- ' program filed with the city.Based upon a review of lic right-of-way. this program and input from other staff members,a C. Businesses located in shopping centers. reduction of up to twenty(20)percent of the mini- When located in a shopping center,drive-in facili- mum standard may be approved Any reduction in ties shall provide sufficient stacking space to han- the amount of required parking is only valid for as dle peak business demands and shall not in any long as the approved CTR program is in effecL An way obstruct the normal circulation pattern of the invalidated program or a change in use or opera- shopping center tions would result in the application of the underly- ing standards per KCC 15.05 040(A)of the zoning 15.05.060 Loading space. code. For all buildings hereafter erected, recon- 2. The planning director may reduce the num- strutted or enlarged,adequate permanent of(-street ber of required off-street parking stalls for busi- loading space shall be provided if the activity car- nesses which do not have a commute rap reduction ned on is such that the buildng requires deliveries program by one(1)stall for every two(2)car pool to it or shipments from it of people or merchandise. stalls, and/or one (1) stall for every one (1) van Such space shall be shown on a plan and submitted ' pool staff if. for approval by the planning department and the (a) Reserved rideshare parking is located city engineer.No portion of a vehicle taking part in Ponventent to the primary employee entrance, loading,unloading or maneuvering activities shall (b) Reserved areas are clearly marked by project into a public street,alley or interior pedes- signs for use by approved and qualified ndeshare trian area. Loading space or maneuvering areas vehicles; shall be in addition to required off-street parking (c) The use of reserved areas for ride- spaces share parking is actively enforced by the employer, A. Relationship of loading space to residential and areas. Loading berths shall be located not closer (d) The total reduction in the number of than fifty(50)feet to any residential district,unless parking stalls does not exceed ten(10)percent of wholly enclosed within a building, or unless the required stalls. screened from such residential area by a wall or ' (Ord No-2942,§2,9-4-90,Ord No.3050,§5,7- uniformly painted fence not less than six(6)feet in 7-92;Ord.No.3175,§3,7-19-94;Ord.No.3251, height. § 11, 11-21-95; Ord. No. 3279, § 1, 3-5-96, Ord B. Relationship to open space. Space for load- No 3333,§2, 1-22-97;Ord.No.3409,§40,7-7- ing berths may occupy all or any part of any , 98;Ord.No 3439,§3,2-2-99) required setback or open space as long as the load- ) 15-72 , I Kent City Code 15 05 070 E ing berth is uncovered. A covered loading area shall comply with the minimum setback require- ments for the district_ ANGLED C. Types of uses for which loading space shall GROUND LEVEL LOADING be provided. Loading space shall be provided for SERVICE ORoRs� the following types of buildings or businesses: LOADING warehouses, supermarkets, department stores, +s ,s yoffice buildings with a floorspace in excess of twenty thousand(20,000)square feet,industrial or I o i r t manufacturing establishments, freight terminals, r railroad yards,mortuaries and such other commer- OR 11 cial and industrial buildings which,in the judgment F. Driveways. Ingress and egress points from of the planning director, are similar in nature in public rights-of-way(driveways)shall be designed regard to loading space requirements. and located in such a manner as to preclude offsitc D. Maneuvering area for buildings with dock- or on-street maneuvering of vehicles high loading doors Buildings which utilize dock- high loading doors shall provide a minimum of one 15.05.070 Off-street parking regulations for hundred (100) feet of clear maneuvering area in downtown commercial and front of each door.See the following diagram. downtown commercial enterprise districts. 000K,CWI 1 It is the purpose of this section to recognize the LOADM 1ANGUMDaei6 pedestrian-oriented nature of downtown activities while also recognizing the need for off-street park- ing facilities to eliminate traffic congestion For the r too purpose of regulating off-street parking,there shall r^r \ be two(2)divisions of the downtown commercial \\, enterprise district,one(1) for the area west of the i i i M. Burlington Northern Railroad tracks, and one (1) for the area east of the tracks A. Downtown commercial district. No off- street parking shall be required nn this district, excepting that one (1) parking space per unit is required for multifamily residential development E Maneuvering area for buildings with ground No more than three (3)off-street surface parking I level loading doors Buildings which utilize spaces per one thousand (1,000) square feet of ground level service or loading doors shall provide gross floor area are pernutted for nonresidential a minimum of forty-five(45)feet of clear maneu- development. This parking maximum does not vering area in front of each door.See the following apply to structured parking.The downtown com- diagram mercial district as the core area of downtown which should be pedestrian oriented. In addition, the property owners in the downtown commercial dis- tnct have provided off-street parking through local improvement district assessments B. Downtown commercial enterprise district— West of the Burlington Northern Railroad tracks Off-street parking shall be provided and shall be in accordance with the provisions of this chapter, except there may be a fifty(50)percent reduction from the parking standard requirements contained 15-73 15.05.080 Kent City Code in KCC 15.05.040 and except that those properties other similar seating facilities, each twenty (20) in the downtown commercial enterprise zone who inches of width of such seating facilities shall be paid into parking local improvement district 260 counted as one(1)seat for the purpose ofdetermm- shall be exempt from off-street, parking require- ing requirements for off-street parking facilities meats. One(1)parking space per unit is required under this title. for all multifamily residential development. No 2. Fractions. When a emit of measurement more than three (3) off-street surface parking determining the number ofrequired parking spaces spaces per one thousand (000) square feet of results in the requirement of a fractional space,any gross floor area are permitted for nonresidential fraction up to but not including one-half(112)shall development This surface parking maximum does be disregarded and fiactions one-half(1/2) and not apply to structured parking over shall require one(1)parking space C. Downtown commercial enterprise district— East of the Burlington Northern Railroad tracks. 15.05.090 Overhang exception,landscaping, Off-street parking shall be provided and shall be in paving,wheel stops drainage, accordance with the provisions of this chapter lighting and curbing. except there may be a twenty-five (25) percent A. Landscaping generally. The landscaping reduction from the parking standard requirements requirements of Ch.45.07 KCC and diagram No 2 contained in KCC 15.05.040. One and one-half following this chapter shall apply with respect to (1.5)parking spaces per unit are required for mul. off-street parking facilities. tifamily residential development. No more than B. Landscape islandr.Landscape islands with a three(3)off-street parking spaces per one thousand minimum size of one hundred (100) square feet (1,000)square feet of gross floor area are permitted shall be located in the following areas to protect for nonresidential development This surface park. vehicles and to enhance the appearance of parking ing maximum does not apply to structured parkmg areas: (Ord.No.3050,§4,7-7-92) 1. At the ends of all parking rows. 2. Where loading doors or maneuvering areas 15.05.080 Size and design standards, are in close proximity to parking areas or stalls. A. Parking stall size.Parking stall size shall be C. Paving. All vehicular maneuvering areas, as follows- including but not limited to off-street parking areas, truck and mobile equipment loading, Standard 9 feet by 19 feet(1)(3) unloading, storage and maneuvering areas, and Compact 8 feel by 17 feel(2)(3) related accesses to and from public right-of-way Employee 8-1l2 feet by 18 feet(3) shall be paved with asphalt or equivalent material, Parallel 9 feet by 23 feet to be approved by the city engineer or his/her des- ignee.The planning director may waive the paving Tlaes requirement in the following instances: 1- Dimensions may include overhang.Sec KCC 15 05.t190(F) 1. Areas used primarily for the storage and for exceptions 2. Sin diagnm No.2 folio-ing this chapter for typical win. operation of heavy equipment, tracked vehicles, pact stall placement with required Landscape arm trucks and other large-tire vehicles, where such 3. parking stall length may be reduced by a maximum of two areas are not generally used for regular deliveries (2)feet with comspondhng uhcteases in aisle width or access by the general public;and 2. Driveways for single-family residential B. Minimum design standards and typical development, except that at least the first twenty parking stall arrangements For minimum design (20)feet of the drive way shall be paved. standards and typical parking stall arrangements, D. Wheel slops. Wheel stops, a minimum of see the diagrams at the end of this chapter. two(2)feet from any obstruction or the end of the C. Units of measurement parking stall, shall be required in the following 1. Benches In stadiums, sports arenas, locations- churches and other places of assembly in which 1. Where the parking stall abuts a building or patrons or spectators occupy benches, pews or where vehicles may overhang a property line 1 l !i 15-74 a Kent City Code 15.05100 2. Where the parking stall abuts a pedestrian the requirements of this title. The city engineer- walkway of less than six (6) feet in width, or a shall review plans based upon the following crite- walkway which is not raised creating its own bar- ria: . net. 1. Safety and efficiency of interior circula- 3. Where a parking stall abuts any physical tion. object which maybe impacted(i e,light standards, 2. Safety of ingress and egress points. fire hydrants, fences, power vaults, utility poles, 3 Effects of access on public streets with etc.)- regard to meet capacity,congestion and delay 4. Where a hazardous grade difference exists 4 Compliance with construction standards between the parking area and the abutting property. relating to storm water runoff. 5. Where other hazardous smiations may B All plans must be complete with the infor- exist as determined by the city engineer. mation as requested by the planning director. E Lighting. Any lighting of a parking lot or storage area shall illuminate only the parking lot or storage area. All lighting shall be designed and located so as to avoid undue glare or reflection of light onto adjoining properties or public nghts-of- way. Light standards shall not be located so as to interfere with parking stalls,maneuvering areas,or ingress and egress areas. F. Vehicle overhang exception. Where suffi- cient area is available to allow safe and efficient overhang of a vehicle, the planning department may permit the standard parking stall length to be J reduced by two (2) feet with corresponding increase in adjacent walkway or landscaping width.(See diagram No.2 following this chapter) G Concrete curb placement. In addition to wheel stop requirements as provided in subsection (D) of this section, all landscape areas within or abutting parking areas shall be separated from the paved area by concrete curbing or other acceptable method as approved by the planning director and the city engineer. " H Parking structures. Multiple level parking structures, developed either as a single use struc- ture or as parking incorporated into a structure, shall be designed and laid out in accordance with the dimensional and numeric requirements of this chapter. (Ord No.3409, §41,7-7-98) 15.05.100 Off-street parking plans. A. Off'-street parking plans shall be subject to review and approval by the planning department and city engineer or his/her designee Theplanning department shall review plans for compliance with IS-75 �} 15.05.100 Kent City Code DIAGRAM I.MINIMUM PARKING DESIGN STANDARDS A B C D E F GJ I G2 H I J Aisle Width Angle Stall Stall Curb Starting Depth to One-May Two-Way Depth to Setback Gross t1<dth Depth Length Loss Wag (feet) (feet) Inter- (feet) Stall (feet) (feet) (Jeer) (feet) (feet) lock Area (feet) (square feet,)) W 8.0 17.0 46.1 61.4 10 8 12.0 20.0 6.9 16.7 499 9.0 190 51.8 69.0 122 12.0 20.0 7.7 18.7 630 200 80 17.0 23A 36.6 13.3 120 20.0 9.6 16.0 312 9.0 190 263 411 150 120 20.0 10.7 17.9 394 30" 80 170 160 267 15A 12.5 20.0 12.0 14.7 247 9.0 190 180 300 173 12.0 20.0 13.4 16.5 311 36.99 3.0 17.0 13.3 22.1 166 13.5 20.0 13.4 13.6 221 9.0 19.0 15.0 24.8 18.6 13.5 20.0 15.0 15.2 279 400 8.0 17.0 124 203 171 13.5 200 14.0 13.0 212 9.0 19.0 140 223 191 135 200 15.7 14.6 268 450 8.0 17.0 113 17.7 17.7 14-5 200 14.8 120 200 9.0 190 127 19.8 19.8 145 200 16.6 13A 252 50C 80 17.0 104 15.2 18.2 15.5 20.0 156 10.9 190 9.0 19.0 117 17-1 20.3 15.5 20.0 17.4 12.2 239 53.10 80 170 100 138 18.4 16.5 20.0 16-0 10.2 184 9.0 190 113 15-5 206 16.5 200 17.9 11.4 232 6v 8.0 17.0 9.2 10.8 18-7 170 200 167 8.5 173 90 190 104 12.1 21.0 17.0 20.0 18.7 9.5 218 70° 8.0 170 8.5 6.8 19.7 200 22.0 17.3 58 159 9.0 19.0 9.6 7.6 20-9 200 22.0 19A 63 200 800 8.0 1710 8 1 5 0 I S-1 23 0 24.0 17A 3 0 147 9D 190 9.1 50 203 230 24.0 19-5 33 185 .90. 8 0 17.0 8 0 50 170 240 24-0 17.0 0.0 136 9.0 190 90 50 19.0 240 24.0 190 00 171 15-76 Kent City Code 15 05.100 �E t+ G- t H E T J D 1 i 15-17 I 15.05.100 DIAGRAM 2 Kent City Code 1�19•�..�-.���if �- IS•—�.I t_POIYWn11MMi..-•1 �--• I 1 ISTOP� T LIGMT SIAN"" I 1 I 1 1 1 I 1 COMPACT COMPACT 1 I t COMPACT LOM►AG7 ; 1 •t I COPINCT coMlRa 1 t 1 (GRt'i T 1 ��f woo- COMPACT ; COMPACT COMPACT 1 1 � 1 1 RtOAXI)LANDSCAPING f MIKWIDTR FOR t CPO,C rVtbr 13.07 CIIT of Kent zaOjPq CaEal RAI%CO VAL% IY we—�—N]' 1 / I T. I I ro A. 1 1 ' I ' je T �p t 1 r i kr p�C., I I 1 t ID I t 1 I R=23• 1 (Ord-No 3409,§42,7-7-98) 15-78 l� I� l Kent City Code 15.06.040 Chapter 15.06 15.06.030 Prohibited signs. The following signs arc prohibited in all districts SIGN REGULATIONS" within the municipal boundaries of the city,except as specifically allowed as temporary signs: Sections. A. Banners,streamers,pennants and balloons. 15.06 010 Purpose. B Any sign using the words"stop,""took"or 15.06,020 Scope. "danger,"or any other word,symbol or character 15 06 030 Prohibited signs. which might confuse traffic or detract from any 15 06 040 General restrictions and limitations for legal traffic control devices. all districts. C. Stationary motor vehicles, trailers and 15.06.050 Regulations for specific districts. related devices used to circumvent the intent of this 15.06.070 Structural safety and maintenance of chapter. signs D. Signs which are pasted or attached to utility 15.06.080 Administrative procedures, poles,trees, fences or other signs,or to rocks or natural features. 'Cross refereaee(s)-Political signs,banners,etc,ch.8 02, E. Signs within seventy-five (75) feet of the building code,ch 14.02. public right-of-way which are animated,revolving 15.06.010 Purpose, more than eight(8)revolutions per mmute,blink- A The purpose of this chapter is to establish ing or flashing,except public service signs such as regulations for signs in order to promote the public those which give the time,temperature and humid- health,safety and general welfare.It is further the ity. intention of this chapter to harmonize the legiti- F. Roof signs. mate private purposes of signs,that is,the idcntife- G. All lighted signs which are adjacent to and cation and promotion of the seller to the buyer, directed toward a residential distinct and which with public purposes.Public purposes include con- detract from the welfare of the residential district siderations of traffic safety and economic and aes- H Portable signs, except temporary signs as thetic welfare. Unregulated signs may divert the permitted under KCC 15 06.040(Q). dnver's attention from the road,causing a traffic hazard in addition,conflicts between private signs 15.06.040 General restrictions and limitations and traffic control signs result in unsafe traffic con-ditions.The economic base of the city is,t A Signs in street right-of-way or future street of- some right- way.No sign shall be located in or project extent, dependent upon maintaining attractive into the present or future right-of-way of any pub- area,both as to natural and manmade f features, in which to visit,live and work. he street unless such location or projection is spe- I B- Regulation of signs also serves to promote cifically authorized by other provisions of this the private purposes of signs.Signs have become section. larger, more numerous and more expensive as a B. Signs interfering with sight distance. No result of competition for attention. This competi- sign shall be so designed or constructed as to inter- tion of signs has,in some cases,defeated the very fere with the sight distance of motorists proceeding purposes for which they were created.The elimina- on or approaching adjacent streets, alleys,dnve- tion of destructive competition between signs thus ways or parking areas,or of pedestrians proceeding enhances the private purposes of signs as well as on or approaching adjacent sidewalks or pedestrian promotes the public health,safety and general wel- ways' fare. C. Signs over driveways. No sign suspended over or projecting mto the area above a driveway 15.06.020 Scope. located on private property shall be situated at a This chapter applies to all existing and future height of less than fifteen(15) feet above the sur- signs within the corporate boundaries of the city, fait of the driveway. but does not apply to signs located within a build- D. Signs over public sidewalks and pedestrian mg or structure ways. No sign suspended over or projecting into 15-79 15.06 040 Kent City Code the area above a public sidewalk or pedestrian way K. lnsntunanal signs. For churches, schools, shall be situated at a height of less than eight and hospitals, public facilities and institutional uses, one-half(8 12)feet above the surface of the side- one(1)double-faced freestanding or wall identifi- walk or pedestrian way, and no sign may project cation sign is permitted for each street frontage. more than seventy-five(75)percent of the distance The sign may have an aggregate area of one (1) between the property line and the curbline except square foot for each ten (10) lineal feet of street for signs attached to the underside of a canopy or frontage.However,each use is guaranteed a mini- other architectural projection. mum sign area of twelve(12)square feet per dis- E. Directional signs Directional signs and play face regardless of street frontage The sign signs indicating entrances,exits,service areas and may be illuminated. Freestanding symbols of parking areas shall be excluded from the sign pro- sculpture used as identification may be permitted visions of this title,and may be erected on private with the approval of the planning department Wall property upon approval of the building director, signs, lettering or symbols may also be approved traffic engineer and planning director.These signs by the planning departmenL shall not contain advertising or promotional infor- L. Gate or entrance sign.Gate or entrance signs mation,and may be restricted in size, may be permitted, and may be located in public F Removal of signs on closure of business rights-of-way,if approved by the planning depart- Upon the closure and vacation of business or activ- ment. ity,the owner of the business or activity shall have M. Community bulletin board Subdivisions one hundred twenty(120) days from the date of and residential communities may be allowed to closure to remove all signs related to the business erect a permanent structure as a community Wile- or activity tin board if approved by the building and planning G. f 7ndow signs_ Window signs shall be con- directors. sidered as a sign and computed as part of the aggre- N Business hours signs.Signs stating business gate sign area and number of signs.Any painted- hours shall be excluded from the provisions of this f over window shall be considered as a wall.The fol- title, and may be erected upon private property t lowing signs, if used in the specified manner,are upon the approval of the building director and not computed as part of the aggregate sign area and planning director. These signs shall not contain do not require a permit advertising or promotional information.Maximum 1. Decals indicating credit cards honored, number permitted shall be one (I) per entrance, 2. Banners or posters on the inside of win- with a maximum size of four(4)square feet. dows.Such signs may be used in conjunction with O Public service signs Nonadvertismg or non- , national advertising programs,or as weekly tear- promotional signs may be erected as a public ser- keting specials, or as decorations customary for vice to the community by public service clubs or k�pecial holidays. other nonprofit organizations. Such signs may be H. Pointed signs Signs painted on exterior located in any zone upon approval by the building wall,window or structure of any kind shall be com- and planning directors. pitted as part of the aggregate sign area and number P. Real estate signs. Real estate signs are per- of signs. mitted as follows.No sign permit is required. I Barber poles. In addition to any other signs 1. Residential uses. authorized by the provisions of this chapter,any a Single-family dwellings and duplexes. barbershop shall be entitled to display a barber One(1)real estate sign shall be permitted for each pole. The design of the pole and its location and street frontage of a lot.The sign may have two(2) manner of erection shall be subject to the approval faces, shall not exceed a height of five (5) feet of the building director. above the surface of the street unless placed in a 1 Credit card signs. Signs indicating credit window,shall not exceed an area of four(4)square cards honored may be displayed in window areas feet per face,and shall be unlighted. only Such signs are not computed as pail of the b. Multiple-family dwellings. One (1) real ' aggregate sign area and do not require a permit estate sign shall be permitted for each street front- 1 age of a development.The sign shall not exceed an 1 15-80 r Kent City Code 15.06.040 area of twelve(12)square feet,shall be attached the event,drive,campaign,etc.All such signs shall flat against a principal building,shall not project be collectively subject to the fifty dollar ($50) above the cave of the roof or the top of the parapet deposit.Such signs shall be removed within seven of the building,and shall be unlighted. (7)days after the event,drive,campaign,etc. 2. Commercial and industrial uses. One (1) 3. Construction signs.One(1)sign identify- real estate sign shall be permitted for each public ing a project under construction shall be permitted entrance,but there shall not be more than four(4) for each street frontage of the building or structure ' signs per lot.The sip shall not exceed an area of under construction.The sign may contain the name eight(8)square feet,shall be attached Oat against of the building contractor and his subcontractors, the building or freestanding, shall not project the architect and the engineer.The sign shall be above the cave of the roof or the top of the parapet permitted during the period of constnrction, and of the building,and shall be unlighted. shall not exceed a total of fifty(50)square feet for 3. Unimproved acreage. One (1) real estate all faces. sign shall be permitted for each lot.The sign shall 4. Grand openings and special events signs. not exceed an area of one-fourth(1/4)square foot Special permits may be issued by the planning ' for each foot of lot frontage and shall not in any department for a period not to exceed thirty(30) event exceed fifty(50)square feet.The sign shall days for banners,streamers and temporary or por- not exceed a height of ten(10)feet above the sur- table signs for special events such as carnivals,out- face of the nearest street,and shall be unlighted. door affairs and sales,grand openings and events Q. Temporary signs. Temporary signs may be of a similar nature. authorized by the planning department for a time R. Ojf premLres signs. period specified for each type of temporary sign. 1. Authorized. The total number of off-pre- 1. Temporary subdivision or apartment miles sign structures allowed within the city of signs. A temporary real estate sign declaring a Kent shall not exceed the total number of off-pre- group of lots, dwellings or occupancies within a mises sign structures in existence as of the effective ! subdivision or apartment complex for sale or rent date of the ordinance codified in dus subsection.l shall be permitted subject to the following condi- Off-premises sign structures shall be inventoried by tions: the city.In order to assist the city in its inventory, a. One(1)such sign shall be permuted for the owner of any off-premises sign located within each street frontage of the premises being sold or the city shall,to the best of its ability,provide the leased.The sign shall be located on the premises city with information as to the dates of installation, ' being sold or leased. repair, or alteration of the owner's oft-premises b. The area of such signs shall not exceed signs within the city and no repair, alteration,or an area of twenty-five(25)square feet each replacement of any such off-premises sign may c. The signs shall not exceed a height of ten occur until such information is provided to the city. l.+ (10)feet above the level of the street Subject to any permitting requirements,any person, d. The signs shall be unlighted, firm, or corporation who owns or maintains off. e. The signs shall not interfere with the premises sign structures within the city of Kent sight distance of pedestrians and motorists pro- shall be authorized to alter, repair, maintain and ceeding on or approaching adjacent streets. relocate their off-premises sign structures in exist- f. The signs may remain as long as the ence as of the effective date of the ordinance codi- project remains unsold or unleased,or for one(1) fied in this subsection As unincorporated areas are year, whichever period shall be lesser, provided, annexed to the city of Kent,the total number of off- however,that the planning director shall have the premises sign structures in the area annexed will authority to extend the time period one(1)year. constitute an addition to the number authorized in 2. Nonpolitical campaign signs. Temporary the city of Kent and shall be added to the inventory nonpolitical signs announcing a campaign,drive or and shall be eligible to be relocated event of a civic,philanthropic,educational or reli- gious organization may be allowed upon any lot. 1.Ord.No.3501,sriienthng the pmvisia far off-premises Such signs may be posted thirty(30)days prior to signs,became effective Match 5.20K J 5-81 (rtevtsea nrai) i 15.06 050 Kent City Code To the extent the provisions of KCC 15.08 100 15.06.030(E) Tri-vision panels are the only type of (F)are inconsistent with this subsection(R)(1),the moving parts authorized on off-premises signs. provisions of this subsection shall prevail 6. Unpermined signs. Owners of off-pre- 2. Districts where permitted. Off-premises mises signs that have unpermttted tri-vision panels signs are permitted in Mi. M2,and M3 districts as of the date of the ordinance codified in this sub- Off-premises signs not in one of the above zones section,shall have one(1)year from the effective shall be categorized as legal nonconforming signs. date of the ordinance enacting this provision to A sign structure authorized to be relocated pursu- apply for and obtain permits for such. ant to subsection(R)(1)of this section may only be 7. Electronic video signs prohibited Off-pre- relocated to an Ml,M2,or M3 zoning district The mises signs that contain electronic video displays owner of an off-premises sign shall have two(2) similar to or otherwise depicting a television screen years to relocate an inventoried off-premises sign are prohibited. that has been removed under the authority of a 8 Hazard or nuisance. All off-premises demolition permit A one(1) year extension may signs, together with all of their supports, braces, be granted by the city planning director in guys and anchors,shall be kept in good repair and instances where relocation cannot be undertaken in a proper state of preservation and safety. If an due to circumstances beyond the control of the off-premises sign is determined by the Kent build- owner of the off-premises sign to be relocated. ing official to be in a state of disrepair so as to con- 3. Standards. statute a safety hazard or a nuisance as defined by a. Maximum size As of the effective date of the building code or Kent City Code,the building the ordinance codified in this subsection,the max- official may initiate enforcement proceedings pur- imum size per sign face is three hundred (300) suant to KCC 15.10.070. square feet. 9. Enforcement. Any violation of the provi- b. Maximum height. Maximum height is stuns of this subsecuon (R) shall be subject to thirty-five(35)feet enforcement pursuant to KCC 15.10.070. t c. Distance from any intersecrion.Oft"-pre- S. Portable A frame sandwich board signs mists signs shall be located a distance of three hun- 1. A portable A-frame or similarly designed dred(300)feet from any intersection. sign which is nogrealer than thirty-six(36)inches d. Double-faced signs. An off-premises wide by forty-two(42)inches tall. sign structure may contain up to two(2)sign faces a. Not more than two (2) sandwich board arranged either back-to-back or in a V-shape ar- signs may be utilized by retail uses in the MI dis- langement The use of tri-vision panels on a sign trick.They are not permitted in any other districts. , face shall not in itself constitute additional sign b. Portable A-frame sandwich board signs faces. are permitted to be placed on the business premises. e. Spacing. Not more than four (4) sign c. Portable A-frame sandwich board signs I tructures per one thousand(1,000)lineal feel are placed on the business premises shall be in beu of permitted portable signs placed on the public right-of-way. 4. Permits. Off-premises signs shall not be d. The planning department shall develop altered with regard to size, shape, orientation, procedures for processing such sign applications. height, or location without the prior issuance of a (Ord.No.3093,§ 1, 2-16-93;Ord.No-3501,§2, building permit. Ordinary maintenance shall not 2-1-00) require building permits Off-premises sign copy replacement may occur at any time and is exempt 15.06,050 Regulations for specific districts. from the requirement for building permits. In all districts the planning manager shall have 5 Tri-vision panels Subject to applicable the option to waive sign type requirements in permitting requirements, the allowable faces on unique and special cases where due to building off-premises sign structures listed on the official design or other special circumstance the develop- city of Kent off-premises sign inventory may con- men(is unable to conform to stated standards. Lain tn-vision panels which rotate,subject to KCC (Revised 11103) 15-82 l Kent City Code 15.06.050 A. Signs permitted in residential districts. it. On properties where a pole sign cannot 1. Identification signsforsingle-family dwell- be erected due to setback requirements or building rags and duplexes.One(1)identification sign shall placement,a projecting sign may be allowed to lieu be permitted foreach occupancy.The sign shall not of the permitted freestanding sign.The projecting exceed an area of three(3) square feet, shall not sign may not exceed fifteen(15)square feet in out- exceed a height of six(6)feet above the surface of side dimension. the street, shall be attached directly to a building, 2. Identification signs for shopping centers. fence,standard,or mailbox,and shall be unlighted One (1) freestanding identification sign, which or provided wnb indirect illumination.Home occu- may list the names of the occupants of the shopping patrons shall not be allowed additional sign area. center,shall be pertained for each street frontage of 2 Identification signs for multifamily dwell- each shopping center.The maximum sign area per- ings.One(1)identification sign shall be permitted mined for a freestanding sign is two hundred(200) for each development,except that multiple-family square feet for the total of all faces.No one(1)face dwellings with more than one(1) street frontage shall exceed one hundred(100)square feet.A free- may be allowed an additional sign for each street standing sign shall not exceed a height of thirty frontage of such lot.Each sign shall not exceed an (30)feet,and may be illuminated area of twenty-five(25)square feet,may be a wall 3. Automobile service station signs. The or freestanding sign, shall be unlighted or indi- aggregate sign area for any comer lot shall not rectly lighted,and shall not exceed a height of six exceed one (1) square foot for each foot of lot (6)feet above the ground if freestanding frontage,and the aggregate sign area for any inte- 3. Farm product identification signs.No per- rior lot shall not exceed one and one-half(1 1/2) mit is required,but such signs may not be located square feet for each foot of lot frontage;and the in the public right-of-way. permitted signs enumerated in this subsection shall B. Signs permitted in community commercial, be subject to the total aggregate sign area. l general commercial,and commercial maru factur- a. Freestanding signs.One(1)freestanding ing districts The aggregate sign area for any lot lighted double-faced identification sign, not shall not exceed one and one-half(1 1/2)feet for exceeding two hundred (200) square feet for the each foot of street frontage.Aggregate sign area for total of all faces,with no such face exceeding one corner lots shall not exceed one(1)square foot for hundred(100)square feet,is permitted.Such sign each foot of street frontage The pemmuted signs shall not exceed a height of thirty(30)feet If on a enumerated in this subsection shall be subject to comer lot,two(2) monument signs not exceeding the total aggregate sign area. one hundred(100)square feet per sign for the total I /denrification signs for occupancies. Each of all faces are permitted. Such monument signs business establishment may have one (1) free- shall not exceed a height of fifteen(15)feet.Free- standing sign for each street frontage if not located standing signs shall be lighted during business I in a shopping center,and three(3)additional signs. hours only. a Freestanding sign.The freestanding sign b Additional signs. Three (3) additional shall not exceed a height of thirty (30)feet. The signs shall be permitted subject to the following maximum sign area permitted is two hundred(200) restrictions.the total area of all signs,graphics,or square feet for the total of all faces.No one(1)face other advertising shall not be more than ten (10) shall exceed one hundred (100) square feet. The percent of the building facade to which they are sign may be illuminated attached or on which they are displayed b. Additional signs. Three (3) additional c. Fuel price signs.Fuel price signs shall be signs shall be permitted subject to the following mcluded in the aggregate sign area restrictions: 4. Farm product identification signs No per- i. The total area of all.signs,graphics,or rnit is required,but such signs may not be located other advertising shall not be more than ten (t0) in the public right-of-way. percent of the building facade to which they are C. Signs permuted in downtown commercial attached or on which they arc displayed and downtown commercial enterprise districts. The aggregate s wn area for any lot shall not exceed 15-83 (Revised 11/031 15.06.050 Kent City Code one and one-half(1 112)square feet for each foot of D. Signs permitted in office and neighborhood street frontage.The aggregate sign area for cornet convenience commercial districts. lots shall not exceed one(1)foot for each foot of 1. Generally. One (1) freestanding double- street frontage.The permitted signs enumerated in faced identification sign shall be perrmoted for each this subsection shall be subject to the total aggre- lot.The sign shall not exceed a maximum area of gate sign area fifty(50)square feet for the total of all faces.No 1. Idenrif=ion signs for mulmenani build- one(1) face shall exceed twenty-five(25)square ings. feet A freestanding sign shall not exceed a height a Wallsign.Each multitenant building may of fifteen (15)feet and shall be unlighted or pro- have one(1)identification wall sign for the build- vided with indirect illumination. ing's identification for each street frontage. The 2. Identification signs for buildings One(1) sign shall not exceed a total of five(5)percent of identification sign shall be permitted for each prin- the facade to which it is attached The sign shall not cipal building.The sign shall not exceed an area of name or advertise the individual tenants of the five(5)percent of the facade to which it is attached, building.Aggregate sign area shall apply.A multi- shall be attached fiat against the building,shall not tenant building will have the option of the sign de- project above the cave of the roof or the top of the scribed in this subsection (QIXa) or the parapet, and shall bQ unlighted or provided with idenufication sign described in subsection(C)(2)of indirect illumination.Such signs shall not advertise this section. or name individual tenants of the building. b. Freestanding sign Each building may 3. Identification signs for occupancies.Signs have one(1)freestanding sign on each street front- not exceeding a total of five (5) percent of the [ age. The sign may not exceed fifteen(15)feet in facade of the business unit to which they are height.The maximum sign area permitted for the atached shall be permitted for each occupancy in a freestanding sign is one hundred(100)square feet multitenant building when the occupancy has out- for the total of all faces No one (1) face shall side frontage. exceed fifty (50) square feet. Multitenani free- E. Signs permitted in industrial districts. ) l standing signs shall not name or advertise the mdi- 1. Aggregate sign area. The aggregate sign vidual tenants of the building. area for lots in the MA,M1,and AG districts shall 2 Identification signs far occupancies Each not exceed one-half(112)square foot for each foot occupant of a mulotenant building shall be permit- of street frontage The aggregate sign area for lots led two(2)wall signs.Such signs shall not exceed in the M2 district shall not exceed three-fourths ten (10) percent of the facade of the individual (3/4) square foot for each foot of street frontage. , business umt Aggregate sign area shall not apply. The aggregate sign area for lots in the M3 district 3. Identification signsforsingle-tenantbuild- shall not exceed one(1)square foot for each footof ingt street frontage.In no case shall the aggregate sign I" a Each building may have one (1) free- area exceed one-half(1/2)square foot for each foot standing sign for each streetfrontage-The sign may of street frontage on a cornier lox. The permitted not exceed a height of fifteen(15)feet-The maxi- signs enumerated in this subsection shall be subject mum sign area permitted for the freestanding sign to the total aggregate sign area is one hundred(100)square feet for the total of all a Identification signs for buildings.One faces No one(I)face shall exceed fifty(50)square (1)identification sign shall be permitted for each feet lot on each street frontage, which may be a hee- b Three(3) additional signs shall be per- standing sign or a wall sign The maximum sign mined.All signs are subject to the aggregate sign area permitted for a freestanding sign is two hun- area allowed.The total area of all signs,graphics, died(200)square feet for the total of all faces.No or other types of signs shall not exceed ten(10)per- one(1)face shall exceed one hundred(100)square cent of the facade to which they are anached or on feet if the sign is a wall sign, its size shall not which they are displayed 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 J (nem�d 11103) 15-84 1 I Kent City Code 15.06.080 b. Identification signsfor occupancies One maximum sign area permitted is one hundred(100) (1)identification sign shall be permitted for each square feet for the total of all faces.No one(1)face occupancy on each street frontage and shall be a shall exceed fifty(50)square feet.'Ihe sign may be wall sign.The maximum size of the sign shall be illuminated Freestanding signs shall not rotate. ten(10)percent of the building facade. This sign U. IVallsigns One(1)wall sign per street may be illuminated.If the identification sign per- frontage shall be permitted. The total area of all mitred under subsection(EX])(a)of this section is signage, graphics, or other advertising shall not a wall sign,an additional wall sign may be permit- exceed ten (10)percent of the building facade to led on a building facade not facing a street frontage. which it is attached. 2. Farm product identification signs.No per- b. Identification signs forshopping centers. mil is required,but the sign may not be located in One(1)freestanding or one(1)wall shopping cen- the public right-of--way. ter identification sign shall be permitted for each F. Signs permitted in planned unit develop- street frontage of the shopping center.The maxi- menu,special use combining districts,and mobile mum sign area permitted for a freestanding sign is frame park districts and for conditional uses. All one hundred (100) square feet. No one (1) face I signs in planned unit developments, special use shall exceed fifty (50) square feet. Freestanding combining districts, and mobile home parks and signs shall be hinited to fifteen(15)feet in height. for conditional uses shall be incorporated as part of The sign may be illuminated. Freestanding signs the developmental plan and approved with the shall not rotate One(1)wall sign shall be permit- developmental plan. Subsequent changes which led per occupancy, except that anchor tenants conform to the adopted signing program may be (business establishments with a store frontage of at granted by the planning manager. least one hundred (100) feet in length) shall be G. Signs permitted in shopping centers. The allowed two(2)wall signs.The aggregate wall sign aggregate sign area for each occupant of a shop- area shall not exceed ten(10)percent of the build- ping center shall not exceed twenty(20)percent of ing facade to which the signs are attached the front facade of the unit.Wall signs are permit- (Ord.No.2810,§ 1,I 1-1-88;Ord.No.3050,§§6, ' red on each exterior wall of the individual business 7, 7-7-92;Ord. No. 3142, § 1, 11-2-93;Ord No. unit A rnimmum of thirty(30)square feet shall be 3162, § 1, 4-5-94; Ord. No 3409, §43, 7-7-98; permitted for any occupancy.No combination of Ord.No.3439,§4,2-2-99;Ord No.3543,§ 10,2- signs shall exceed ten(10)percent of the facade to 20-01;Ord.No.3612,§4, 8-6-02;Ord.No.3648, which they are attached.If there is an attached can- §7,7-1-03) opy or overhang,a ten(10)square foot sign may be attached to the canopy or overhang in addition to 15.06.070 Structural safety and maintenance the other permitted signs Such sign shall be at least or signs. eight(8)feet above any pedestrian walkway. All parts,portions,units,and matenals compos- t,. H. Signs permitted in GWC zoning district ing a sign, together with the frame, background, 1 Aggregate sign area. The aggregate sign supports,or anchorage thereto,shall be maintained area for any lot shall not exceed one(1)square foot in a proper state of safety and repair and a proper for each foot of street frontage Aggregate sign area state of preservation The surface of all signs shall for corner lots shall not exceed three-fourths(314) be kept neatly painted. square foot for each foot of street frontage. The permitted signs enumerated in this subsection shall 15.06.080 Administrative procedures. be subject to the total aggregate sign area A. Permits. a. Identification signs for occupancies. t. To ensure compliance with the regulations Each business establishment may have one(1)free- of this chapter, a permit shall be required for all standing sign per street frontage,if not located in a signs hereafter installed or altered within the cor- shopping center, and one (1) wall sign per street porate boundaries of the city, except those signs frontage. enumerated in subsection(A)(2)of this section No i. Freestanding signs Freestanding signs sign shall be erected, installed, applied, affixed, shall not exceed a height of fifteen(15) feet.The altered, or relocated without a permit from the 15-85 (Revises 11,03) 15.06-080 Kent City Code building department and the planning department the hearing examiner pursuant to the requirements The sign permit shall cernfy that the sign,as repre- of Ch.2.32 KCC and the appeal provisions of Ch. sented by plans,drawings,or statements,is in cot- 12.01 KCC. formance with the regulations of this chapter. D- Abatement of illegal signs. Any sign that 2 The following signs must conform with the violates the provisions of this chapter shall be regulations of this chapter but may be erected, deemed a public nuisance and shall be in lien installed, affixed, altered, or relocated without a against the property on which the sign was main- sign permit: tamed and a personal obligation against the prop- a. For We,lease,or rent signs. erty owner The property owner shall first be b. Farm signs. served with a notice to abate the nuisance,except c. Residential signs for single-family in the case of portable signs.Illegal portable signs dwellings. may be immediately removed by the city,and the 3. The following information must be pro- owner shall be given notice that the sign will be vrded as part of the application for a sign permit: destroyed if not claimed within ten (10) days. a. Name,address,and phone number of the Appeal of the abatement notice may be made to the applicant. hearing examiner.If,after such a hearing,the hear- b. Name and address of the activity for ing examiner orders Agents of the city to remove which the sign is intended and parcel number of the nuisance, they shall have authority to enter land on which it is to be placed upon private property to remove the nuisance. c. Three(3)copies of a dimensional draw- E. Variances. , ing showing the type of sign as designated in this 1 A sign variance is categorized as a Process chapter,and,if lighted,the method of illumination, III application and shall be subject to the require- and the height of the sign, ments of Ch-12.01 KCC-Variances from the terms d. Four (4) copies of a dimensional plot of this chapter may be granted by the hearing plan,accurate as to scale, showing all structures, examiner upon proper application Variances may i the abutting right-of-way line of each street, and be granted when,because of special circumstances location of proposed sign and each existing sign on applicable to the property, including size, shape, the property topography, location, or surroundings, the strict e. If the sign is a wall sign,four(4)copies interpretation of the regulations of this chapter of an elevation of the building facade This eleva- deprives such property of privileges enjoyed by non shall be fully dimensional and accurate as to other properly in the vicinity and under identical scale. It shall show the proposed sign and each zoning classifications. existing sign. 2. The variance shall not constitute a grant of I. One(I) or more photographs(snapshots special privilege inconsistent with a limitation fare adequate)showing the location of the proposed upon uses of other properties in the vicinity and sign and its relationship to the remainder of the zone in which such property is situated , property- (Ord.No.3424.§29. 11-f7-98) g. A minimum of two(2)copies of a plot plan showing the location of the proposed sign with computations,diagrams,and other data suffi- cient to show proper structural stability of the installation- B. Fees and deposits.Fees shall be governed by the fee schedule contained in the building code adopted by the city C. The planning director shall make the final decision on a sign permit application submitted pursuant to Ch I5.06 KCC. Any appeal from the final decision of the planning director shall be to (Revised lrroa) 15-86 j i Kent City Code 15.07.040 Chapter 15.07 15.07.030 Failure to complete required landscaping—Inspection. LANDSCAPING REGULATIONS* A. Failure to complete all of the required land- scaping or any part of it within six (6)months of Sections: the building occupancy,issuance of the certificate 15.07.010 Purpose. of occupancy or the planning department final 15.07.020 Landscape plan approval. inspection shall constitute a zoning violation. 15.07.030 Failure to complete required B. It shall be the responsibility of the project landscaping—Inspection. manager or business owner to contact the planning 15.07.040 General landscape requirements for all depanmeni upon completion of the landscaping zones. work and request an inspection. 15.07.050 Types of landscaping. C. The planning department may inspect the 15.07.060 Regulations for specific districts landscaping upon request of the project manager or 15.07.070 Maintenance of landscaping business owner or at any time after the six (6) *Cram rderenee(s)—Street tress,ch.6.10.building codes, month expiration date. ch.14 01. 15.07.040 .General landscape requirements for 15.07.010 Purpose. all zones. A. The provisions of this chapter are to provide A. All parking areas of over twenty thousand minimum standards for landscaping in order to (20,000)square feet shall have a minimum of ten maintain and protect property values and enhance (10)percent of the parking area,maneuvering area, the general appearance of the city, and loading space landscaped as a means to reduce B. The planning manager shall have the author- the barren appearance of the lot and to reduce the ity to waive specific requirements or impose addi- amount of storrnwaler runoff.Perimeter landscap- tional requirements in unique or special mg,required adjacent to property lines,shall not be circumstances to ensure the fulfillment of the calculated as part of the ten(10)percent figure. stated purpose of thus chapter and to allow for flex- B. All ingress or egress easements which pro- ibility and innovation of design. Special circum- vide corridors to the subject lot, not adjacent to a stances or unique conditions shall be reviewed with public right-of--way,shall be considered the same the planning manager prior to submittal of a land- as a public right-of-way Landscape requirements scape plan.Examples of special conditions might for easement corridors shall be the same as those include required adjacent to public rights-of-way. 1. Preservation of unique wildlife habitat. C. All outside storage areas shall be screened 2. Preservation of natural or native areas. by fencing and landscaping a minimum of five(5) 3. Compliance with special easements. feel in depth unless it is determined by develop- "' 4. Renovation of exisimi;landscaping. ment plan review that such screening is not neces- 5. Unique site uses. sary because stored materials are not visually (Ord.No.3612,§5,8-6-02) obtrusive.The five(3)foot deep landscaped area can occur within the street right-of-way abutting 15.07.020 Landscape plan approval. the property fine. A. A building pemut shall not be issued until D. All portions of a lot not devoted to building, the landscaping plan has been approved. future building,parking,storage,or accessory uses B. At the time of development plan review,the shall be landscaped in a manner appropriate to the planning department shall review specific land- stated purpose of this chapter. scape requirements with the owner or his represen- E All required landscaping areas shall extend tative. to the curbline or the street edge. A crushed rock path in lieu of landscaping shall be required where appropriate as determined by the planning depart- ment. 1 15-86.1 (Reaisad 11/02) Kent City Code i i This page left intentionally blank t (ReNsed nazi 15-86.2 ' Kent City Code 15.07.040 F_ Required landscape areas which are inappro- the planning department that such arrangement pnate to landscape due to the existence of rail lines would be detrimental to the stated purpose of this or other features shall be relocated,first,to another chapter. lot line,or second,to an equal-sized area in another O. All property abutting Highway 167 or Inter- portion of the lot,to be determined by the planning state 5 shall be landscaped to a minimum depth of department upon review with the owner or devel- ten(10) feet unless a larger area is required else- .oper where in this chapter. G_ Bark mulch, gravel or other nonvegetative P. All property abutting East Valley Highway material shall only be used in conjunction with between South 180th Street on the north to the landscaping to assist vegetative growth and mam- SR167 overpass on the south shall be landscaped to lenance or to visually complement plant material. a minimum depth of fifteen(15)feet unless a larger Nonvegetanve material is not a substitute for plant area is required elsewhere in this chapter. material. Q. The use of native and drought tolerant,low H_ Required landscape areas shall be provided water use plants shall be incorporated into land- with adequate drainage scape design plans. i Slopes shall not exceed a three(3)to one(1) R. Landscape plans shall include where feasi- ratio(width to height),in order to decrease erosion ble a diversity of native plant species which pro- potential and assist in ease of maintenance. mote native wildlife habitat. J. The perimeter of all parking areas which abut S When irrigation systems are incorporated residential zones or uses shall be landscaped to a into a landscaping area,the applicant shall prepare minimum depth of three(3)feet with type 11 land- a water use and conservation plan for review and scaping unless otherwise provided by this chapter. approval by the public works department. A six(6)foot high solid wood or equivalent fence T. Landscaping adjacent to required biofiltra- is also required Substitute fencing, including but tion systems may be considered part of any I not limited to chainlink fence with slats, may be required landscaping areas,subject to approval by approved by the planning director upon application the planning director and the public works depart- of the developer and adjacent residential property ment. Landscaping shall not be permitted within owners when such fencing shall provide buffering the treatment area of a biofiltration system. The consistent with the purpose and intent of this chap- chosen vegetation shall not result in any disruption ter.The term"adjacent residential property," for of bioswale functions at any time. purposes of this section,shall mean abutting prop- U. Landscaping buffers shall be required adja- erty, and lots immediately adjacent to abutting cent to any above ground storm water facilities,as property. required in the city's construction standards,sub- K. Landscaping shall not conflict with the ject to the approval of the public works department. safety of those using adjacent sidewalks or with V. The configuration and plant species of land- traffic safety.Safety features of landscaping shall scape areas on a site shall be designed so as to not be discussed at the time of development plan disrupt the functions of storm water systems review,if necessary. (Ord No.2786,§5,6-21-88;Ord No.3409,§44, L Quantity, arrangement and types of plants 7-7-98) installed shall be appropriate to the size of the required landscape area and purpose of planting area as noted in KCC 15 07.050 pertaining to types of landscaping M. All trash containers shall be screened from abutting properties and streets by a one hundred (100) percent sight-obscuring fence or wall and appropriate landscaping N. Landscaping shall be placed outside of i sight-obscuring or one hundred (100) percent sight-obscuring fences unless it is determined by i 15-87 1 15.07.050 Kent City Code 15.07.050 Types of landscaping. Type i Type 11 Type 111 Type IV Type V Solid Screen Visual Screen Visual Buffer Low Cover Open Area Purpose TypeIlandscap- Type 11 landscap- Type III landscap- Type IV landscap- Type V landscap. ing is intended to ing is intended to ing is intended to ing is intended to ing is primarily provided a solid create a visual provided visual provide visual intended to visu- sight bartier to separation that is separation of uses relief where clear ally interrupt large totally separate not necessarily from streets and sight is destred or open spaces of incompatible uses one hundred(100) main arterials and as a complement parting arcs percent sight- between eompati- to larger,more obscuring ble uses so as to predominant between mcom- soften the appear- planting materials. patible uses ance of streets, parking lots and building facades. _ Description Type 1 landscap Type 11 landscap- Type III landscap- Type IV iandscap- Type V landscap- mg shall consist of ing shall be ever- ing shall he ever- ing shall consist of mg shall consist of evergreen trees or green or a mixture green and a mixture of ever- trees planted with tall shrubs with a of evergreen and deciduous trees green and decidu- supporting shrubs minimum height deciduous trees planted not more ous shrubs and or ground cover. of six(6)feet at with large shrubs than thirty(30) ground cover,to Each landscape planting,which and ground cover feet on center provide solid eov- area shall be of will provide a one interspersed with interspersed with ermg of the entire sufficient size to hundred(100) the trees.A sight- large shrubs and landscaping area promote and pro- percent sight- obscuring fence ground cover. within two(2) tect growth of obscuring screen will be required Where used to years of planting plantings,with a within two(2) unless it is deter- separate parking and to be held to a one hundred(100) years from the mined by develop- from streets, maximum height square foot mini- time of planting, merit plan review plantings must of three and onc- mum(see KCC or a combination that such a fence create a visual half(3 112)feet 15.07 040(A) of evergreen and is not necessary banter of at least (see definition of (See also A and B deciduous trees (See also A,B, forty-two(42) ground cover) below) and shrubs backed and C below) inches in height at by one hundred time of planting (100)percent and form a solid sight-obscuring screen two(2) fence. years after plam- ing_(See also A. B,and C below) Additional requirements for Types 11,111,and V are as follows: (A)Evergreen trees shall be an average height of six(6)feet at planting.Deciduous trees shall be the following sizes based on their spacing: (1)One(1)inch caliper:Ten(10)feel on center (2)Two(2)inch caliper.Twenty(20)feet on center. (3)Three(3)inch caliper:Thirty(30)feet on center. (4)Three and one-half(3 112)10 five(5)inch caliper:Forty(40)feet on center. (B)Ground cover shall be of sufficient size and spacing to form a solid cover within two(2)years from the time of planting. (C)The plantings and fence must not violate the sight area safety requirements at street intersections. ` (Ord.No.3409,§45,7-7-98) JJ 15-98 ' r Kent City Code 15.07.060 15.07.060 Regulations for specific districts. H. Downtown commercial enterprise,DCE. Landscaping regulations for specific zoning dis- 1. The perimeter of properties abutting a res- tricts are as follows: ndential district shall be landscaped to a minimum A. Residential agriculrura4 SR-I.Nonce. depth of ten(10)feet. B. Single family residential,SR-2 though SR- 2. A minimum of three(3)feet of landscaping 8.None. to screen off-street parking areas, placement of C. Duplex multifamily residential, MR-D. which shall be determined through the downtown None. design renew process outlined in KCC 15.09.046_ D. Low density mulafamily residential,MR-G. 3. Street trees in accordance with the official Multifamily residential townhouse,MR-T. tree plan shall be planted. Medium density multifamily residential, L Industrial agricultural,MA(industrial uses) MR-M. and Agricultural general district,AG. High density multifamily residential,MR-H Industrial park district,MI. 1 A minimum often(10)feet of landscaping 1. Front yard.The front twenty(20)feet shall shall be provided abutting a public right-of--way. be improved with appropriate permanently main- 2. Open green area shall occupy no less than tamed landscaping. twenty-five(25)percent of the area of the lot. 2. Sine yard.At least fifteen(15)feet of the 3. The side and rear perimeters of properties side yard shall be landscaped as provided in sub- shall be landscaped to a minimum depth of ten(10) section(1)(1)of this section. feel J. Limited industrial district,M2. 4. A minimum of five(5)feet of foundation 1. Front yard.The front fifteen(15)fee[shall landscaping shall be placed along the perimeter of be improved with appropriate permanently main- any multifamily structure.Foundation landscaping tamed landscaping_ consists of shrubbery or some other combination of 2- Site yard At least ten(10)feet of the side landscape materials that helps to reduce the visual yard shall be landscaped as provided in subsection bulk of structures and buffer dwelling units from (1x1)of this section. — light,glare,and other environmental intrusions K General industrial district,M3. I E. Mobile home park combining district,MHP I Front yard The front ten(10)feet shall be Requirements shall be per the mobile home park unproved with appropriate permanently main- code. tanned landscaping. F. Community commercial,CC_ 2 Side yard At least five(5)feet of the side Commercial manufacturing,CM. yard shall be landscaped as provided in subsection General commercial,GC. (Kxl)of this section. Professional and office district, O. L. Gateway commercial district,GWC 1. Tbc perimeter of property abutting a resi- 1. Additional landscaping requirements dential district shall be landscaped to a nummum Landscaping requirements shall include the fol- depth of ten(10)feet. lowing- 2 A planting strip not less than five(5)feet in a. Where buildings abut the required front depth shall be provided along all property lines yard,a landscape stop at least fifteen (15) feet in abutting public rights-of-way. depth shall be provided.Where vehicular parlung G. Downtown commercial.DC. areas abut the required front yard,a landscape strip 1. A mim mum of three(3)feet of landscaping at least twenty (20) feet in depth, with an earth to screen off-street parking areas, placement of berm at least thirty-six(36)inches in height,shall which shall be determined through the downtown be provided. design review process outlined in KCC 15.09.046. b. A landscape strip at least five(5)feet in 2. Street trees in accordance with the official depth shall be provided along the side property tree plan shall be planted lines of all independent development sites No landscaping along the side property lines shall be required between adjacent properties where a com- mon, shared driveway with a perpetual cross- ] 15-89 (Remised 11103) i 15.07.070 Kent City Code access easement is provided to serve the adjoining strip of at least ten(10)feet in depth shall be pro- properties. Where the side property line of a com- vided. '1 mercial use abuts a residential district,a landscape (Ord. No. 3050, §§8, 9, 7-7-92; Ord. No. 3409. J strip at least ten(10)feet in depth shall be provided. §46,7-7-98;Ord.No.3439,§S.2-2-99;Ord.No. o- A landscape strip of at least fifteen(15) 3470,§ 13,8-17-99;Ord.No.3543,§ 11,2-20-01; feel in depth shall be provided along side property Ord.No.3612,§6,8-"2;Ord.No 3648,§8,7- lines flanking the street of a corner lot. Where 1-03) vehicular parking areas abut the required side yard, an earth beta at least twenty-four(24)inches in 15.07.070 Maintenance of landscaping. height shall be provided. A. Required. Whenever landscaping is or has d. A landscape strip of at least five(5)feet been required in accordance with the provisions of in depth shall be provided along all rear property this title or any addition or amendments to this title, bnes.Where the rear property line of a commercial or in accordance with the provisions of any previ- use abuts a residential use,a landscape strip of at ous code or ordinance of the city,the landscaping least ten(10)feet in depth shall be provided, shall be permanently maintained in such a manner M. Neighborhood convenience commercial. as to accomplish the purpose for which it was ini- NCC. wally required 1. Additional landscaping requirements. B Notice of violation.The planning manager or Landscaping requirements shall include the fol- his or her designee is hereby authorized and lowing: empowered to notify the owner of any property a, A landscape strip of at least ten(10)feet required to be landscaped,or the agent,tenant,les- in depth shall be provided in the front yard. If a see,or assignee of any such owner,that the land- drive or parking aisle abuts the front yard the scaping is not being adequately maintained and the required landscaping shall be augmented by an specific nature of such failure to maintain The earth berm of at least thirty-six (36) inches in notice shall specify the date by which the mainte- j height. nance must be accomplished,and shall be sent by b. A landscape strip of at least five(5)feet certified mail, addressed to the owner at his last in depth shall be provided along the side property known address. lines of all independent development sites_ No C. Action upon noncompliance. landscaping along the side property lines shall be 1. Upon the failure,neglect,or refusal of any required between adjacent properties where a com- owner or agent so notified to perform the required mon, shared driveway with a perpetual cross- maintenance within the time specified in the writ- access easement is provided to serve the adjoining ten notice,or within fifteen(15)days after the date properties.Where the side property line of a com- of such notice if the notice is returned to the city by r(�ercial use abuts a residential district or use, a the post office department because of inability to Imindscape strip of at least ten (10) feet in depth make delivery thereof, provided the notice was shall be provided. properly addressed to the last known address of the c. A landscape strip of at least ten(10)feet owner or agent,the planning manager or his or her in depth shall be provided along side property lines designee is hereby authorized and empowered to flanking the street of a corner IoL Where vehicular cause the required maintenance to be done and pro- drive aisles or parking areas abut the required side vide for payment of the cost thereof,with the cost yard, an earth berm of at least twenty-four(24) to be collected or taxed against the property inches in height shall be provided. affected as provided in this section. d. A landscape strip of at least five(5)feet 2. Nothing in this station shall prevent the in depth shall be provided along all rear property planning manager or his or her designee from tak- lines-Where the rear property line of a commercial ing action as provided in KCC 15.09.090 use abuts a residential district or use,a landscape D- Charge for maintenance by city to be included in tax bill. When the city has performed landscape maintenance or has paid for such main- tenance,the actual cost thereof,plus accrued inter- (Revised 11103) 15-90 Kent City Code 15.07.070 est at the rate of eight(8)percent per annum from Chapter 15.08 the date of the completion of work,if not paid by such owner prior thereto, may be charged to the GENERAL AND SUPPLEMENTARY owner of such property on the next regular tax bill PROVISIONS' forwarded to such owner by the city, and if so charged shall be due and payable by the owner at Sections: the time of payment of such bill. .08.010 Apphcabthty. I- Len for payment of charges. If the full 1 8.020 Special permit uses. amount due the city is not paid by such owner I5.0 030 General condition sm. within thirty (30) days after performance of the 15.08. Wireless teleco unications maintenance as provided for in subsection (C) of facilities. this section, then,in that case,the planning man- 15.08.040 ome occ [ions. ages or his or her designee may cause to be 15.09.050 P ce standards. recorded in the office of the supervisor of treasury 15.08.060 Vie rridor protection regulations accounting a sworn statement showing the cost and o ill - development. expense incurred for the work, the date the work 15.08.070 nimals residential districts. was done,and the legal description of the property 15.0808 Parking,sto a or habitation of major on which the work was done. The recording of recreational pment. such sworn statement shall constitute a lien and 15 .090 Parking or stora of inoperable privilege on the property,and shall remain in full force and effect for the amount due in principal and 15.08.100 Nonconforming developcui[. interest,plus court costs if any,until final payment tic ion o of area has been made. The costs and expenses shall be 1 8.120 Irregular-shaped lots. collected in the manner fixed by law for the collet- 15.0 130 Visibility at intersections in r idenlial lion of taxes and further shall be subject to a delin- districts. queni penalty of eight(8)percent per arum if the 15.08.1 Visibility at access poin for costs and expenses are not paid in full on or before automobiles. the date the tax bill upon which the charge appears 15.08.150 ide yard on corner L become delinquent.Sworn statements recorded in 15.08.160 ecessory build;n accordance with the provisions of this subsection 15.08.170 ections into r uiied yards. shall be pnma facie evidence that all legal formal- 15.08.180 St totes to ha access. ities have been complied with and that the work has 15.08 190 Exce tons to ight regulations been done properly and satisfactorily,and shall be 15.08.205 Tem u regulations. full notice to every person concerned that the 15.08.210 Transit; n combining district. amount of the statement plus interest constitutes a 15.08.215 Multif transition areas charge against the property designated or descnbed 15.08.220 Water q -ty and hazard area in the statement and that the charge is due and col- develo e —Purpose legible as provided by law. 15.08.222 Same Map Conllcting provisions. F. Alternative methods ofcolfect;on of charges- 15.08.224 S —Class[ ations and In addition to or in lieu of the provisions of subset. re Lions. tons(D)and(E)of this section,the city may,at its 15.08.230 S access setb —Purpose. option and pursuant to Chapter 19.16 RCW,use a 15.08.232 olar access sett —Applicability. collection agency to collect unpaid charges,inter- 15.08.234 Solar access setbac Calculation est,and penalties owed or assessed pursuant to this 15.08.2 Preservation of trees chapter, or the city may seek collection by court 15.08.2 Green River Condor sal interest proceedings,which remedies shall be in addition to district regulations. all other remedies. 15.0 .270 Adult uses (Ord.No.3658,§4,9-2-03) 15 8.280 Group homes class A and I 1 .08.300 Zero lot line development— Authorized. 15-91 (Revised rttoal 15.08.070 Kent City Code Geographical j Center d UnR Lot e Hor¢oMal � ographical ter d Lot HorizontalF•- Lot Line I- 3— ParlatgrStorage Level - Line j (4) No building constructed within a ress reterence(s)-Animal control,ch.8 03. hu ed(500)feet of the point of ongin of the w angle d located beneath the airspace I led 15. .080 Parking,storage or habitat' n of within angle shall rise above the lower ex tit of major recreational equip enL the vent I angle. No re than one(1)unit of a rec tional vehi- C pnons_ The planning direc r may cle as d tied in KCC 15.02.338 or equipment waive or ify the view regulations o hillside shall be s red outside an encl ed building or developmen if it is determined that t intent to structure on sidential prope ; said-equipment preserve vie cannot be met by a st ct applica- shall be screen from view surrounding neigh- tion of the req rements,or if one(I) more of the bors and shall n be used f habitation. following cond ons applies: (Ord No.3409,§ 7-7 8) I. There is o available clear ew of the val- ley from develop ent located ups pe of the pro- 15.08.090 Parking storage of inoperable posed building;or vehicl 2. The cidenta"on of dev lopment located No more than ne (I vehicle of any kind in upslope is toward a erent v w angle than pre- inoperable cond'ion not li ased nor legally oper- scribed in the view de lopme t regulations;or able upon roa ay shall be st or parked on any 3. The shape or to gra y of the lot and lots residentially oned property more than thirty located upslope make a t application of the (30) days nkss said vehicle " stored in an view requirements unnec or impractical. enclosed ea and hidden from vie f surrounding D Applicanou for va ce. If an applicant neigh requests relief from the ro isions of this section (Ord o.3409,§49,7-7-98) through a variance asp rid in KCC 15.09.040 Prior to public heann the a licant shall erect a rdertnce(s)-Parking regulations.ch.9.38. able to oullmi the pro sed height of the building where it is o be cons cued on the pro- 15.0- Purpose. Nonconforming development. A pur posed site to alto adjacent p owners to pose.The intent and purpose of this sec- assess the view I pact of the to sed variance. lion is to: The pole snuctu shall be in place n least ten(10) 1. Ensure reasonable opportunity for use of days prior to di date of the public h ng on the legally created lots which do not meet current min- proposed vari tx. imum requirements for the district m which they (Ord.No.34 ,§ 1,8-3-99) are located 2. Ensure reasonable opportunity for use, 15.08.070 Animals in residential distri maintenance and improvement of legally con- i Amm s(excluding household pets such cars stmcted buildings,structures and site development s and d s), especially horses, cows, sheep d features which do not comply with current mini- goats hall not be permitted in reside ntial dist is mum requirements for the district m which they are on is smaller than twenty thousand (20, located s e feeL IRewsed 11103) 15-106 E Kent City Code 15.08.1DO 3- Ensure reasonable opportunity for continu- extended,reconstructed,intensified,or structurally. ation of legally established uses which do not con- altered. form to use regulations for the district in which 3. Change of nonconforming use. When they are located. authorized by the planning manager, a noocon- 4. Encourage the eventual replacement of forming use may be changed to a use of a like or nonconforming uses having potentially undesir- more restrictive nature. able impacts on conforming uses. 4. Extension of nonconforming use. V�rhen 5. Encourage the eventual upgrading of non- authorized by the planning manger, a noncon- conforming buildings,swctures,and site develop- forming use may be extended throughout those meat features which do not comply with current parts of a building which were manifestly designed minimum requirements for the district in which or arranged for such use prior to the date when such they are located. use of such building became nonconforming,if no B. Applicability. Nonconforming uses, struc- structural alterations except those required by law tures,lots,or signs are not favored by law and this are made therein. title,and it is toavoid injustice that this title accepts 5. Discontinuance of nonconforming use. such elements To benefit from the protection When a nonconforming use of land or a noncon- given to nonconforming development, such use, forming usoof all or part of a structure is discomm- structure,or sign must have been lawfully estab- ued or abandoned for a period of six(6)months, fished pursuant to a county resolution in effect at such use shall not be resumed,notwithstanding any the time of annexation which rendered it noncon- reserved intent not to abandon such use. Normal forming,or it must have been lawfully established seasonal cessation of use,or temporary discontinu- prior to the effective date of this chapter or subse- ance for purposes of maintenance or improve- quent amendments thereto,or lawfully established ments,shall not be included in determinationof the prior to the purchase or condemnation of nght-of- six(6)month period of discontinuance. way by the city of Kent.This section distinguishes 6. Reversion to nonconforming use.if a non- between and defines nonconforming uses, major conforming use is changed to a perrrutted use,the nonconforming buildings and structures, minor nonconforming use shall not be resumed. nonconforming buildings and structures, noncon. 7. Residential exception to nonconforming forming lots of record and nonconforming signs use status. Legally established residential uses Different requirements are made applicable to each located in any residential zoning district shall not of these categories.The degree of restriction made be deemed nonconforming in terms of density pro- applicable to each separate category is dependent visions and shall be a legal use upon the degree to which that category of noncon- 8. Exception for certain drive-through bank- fomiance is a nuisance or incompatible with the ing facilities. Legally established bands buildings i purpose and requirements of this title, with drive-through facilities in the downtown com- C. Nonconforming uses. mercial zoning district that existed prior to August 1. Applicability of restrictions. Regulations 9, 1992, shall not be nonconforming; however, applicable to nonconforming uses are in addition to these drive-through facilities may not be expanded regulations applicable to nonconforming strut- beyond that which existed on August 9, 1992, tares,lots, and signs,and in the event of any con- when the city prohibited bank drive-through facili- flict the most restrictive provisions shall apply. ties in DC zones. 2. Expansion of nonconforming uses No D. Nonconforming buildings and structures. existing building, structure, or land devoted to a 1. Applicability of restrictions Regulations nonconforming use shall be expanded, enlarged, applicable to nonconforming structures are in addi- extended,reconstructed,intensified,or structurally lion to regulations applicable to nonconforming altered unless the use thereof is changed to a use uses,lots,and signs,and in the event of any con- permitted in the district in which such building, flict the most restrictive provisions shall apply. structure, or land is located except as follows: 2. Major nonconforming buildings and struc- When authorized by conditional use permit,a non- rures. No major nonconforming structure may be conforming use may be expanded, enlarged, expanded, enlarged, extended, reconstructed, or 15-101 (mevised svoal i 15.08.100 Kent City Code structurally altered or changed,nor may any major made except such as are required by law or ordi- nonconforming budding,structure,or lot be occu- nance or authorized by the planning manager. pied after discontinuance of change in use, unless 4. Planning manager's authority. The plan- the structure, use, and associated grounds and ning manager may waive specific development development are brought into compliance with use standard requirements or impose additional and minimum development standards of the dis- requirements when all the following criteria are trict in which such structure is located,except as met,. follows: a- When owing to special circumstances a a. Any major nonconforming structure Literal enforcement of the provisions of this title or damaged by fire, flood, explosion, wind, earth- other land use regulatory ordinances of the city will quake,war, riot,or other natural disaster,may be result in unnecessary hardship. restored, reconstructed, and used as before; pro- b. When the waiver of development vided, that the work be vested by permit applica- requirements is in harmony with the purpose and tion within one (1) year of such happening; any intent of city ordinances and the comprehensive restoration or reconstruction not vested by permit plan. application within twelve (12) months from the c. When the proposed use, building, and date of the fire or other casualty shall be deemed development will function without adverse impact abandoned and not allowed to be restored. upon adjacent property,development in the area or b. Such repairs and maintenance work as the city as a whole. required to keep the structure in sound condition d. When a conditional use permit is not may be made to a major nonconforming structure, required. provided no such structural alterations shall be E. Nonconforming lots. made except such as are required by law or ordi- 1. Applicability of restrictions. Regulations nance or authorized by the planning manager. applicable to nonconforming lots are in addition to i 3. Minor nonconforming buildings and strut- the regulations applicable to nonconforming uses, -� ' tures No minor nonconforming structure may be structures,and signs,and,in the evert of conflict, expanded, enlarged, extended, reconstructed or the most restrictive provisions shall apply. otherwise structurally altered or changed,not may 2. Nonconforming lots of record. any minor nonconforming building, structure, or a. Residenmialdistricts. lot be occupied after discontinuance or change in (1) In any district in which single-family use, unless the structure and associated grounds dwellings are permitted, a single-family dwelling and development are brought into compliance with and customary accessory buildings may be erected the minimum development standards of the district on any single lot of record as of June 20, 1973,not- in which such structure is located, except as fol- withstanding limitations imposed by other provi- 9ows- sions of this title. Such lot must be in separate 1" a. Any minor nonconforming structure ownership and not of continuous frontage with damaged by fire, flood, explosion, wind, earth- other lots in the same ownership. This provision quake, war,riot,or other natural disaster, may be shalt apply even though such lot fail$to meet the restored, reconstructed and used as before; pro- requirements for area or width that are generally vided, that the work be vested by permit applica- applicable in the district; provided, that yard tion be completed within one (1) year of such dimensions and requirements other than those happening; any restoration or reconstruction applying to area or width of the lot shall conform vested by permit application twelve (12) months to the regulations for the district in which such lot from the date of the fire or other casualty shall be is located. deemed abandoned and not allowed to be restored. (2) In all single-family zoning districts, b. Such repairs and maintenance work as with the exception of the SR-8 zoning district,tf required to keep the structure in sound condition two(2)or more lots or combinations of lots and may be made to a minor nonconfomung structure, portions of lots with continuous frontage in single provided no such structural alterations shall be ownership are of record prior to June 20,1973,and +l if all or part of the lots do not meet the minimum > ]Ravisea ttloal 15-108 Kent City Code 15 08,110 requirements established for lot width and area,the ownership and not of continuous frontage with- land involved shall be considered to be an undi- other lots in the same ownership prior to June 20, vided parcel for the purposes of this title,and no 1973,and if all or part of the lots do not meet the portion of the parcel shall be used or sold in a man- minimum requirements established for lot width net which diminishes compliance with lot width and area,the land involved shall be considered to and area requirements established by this title,nor be an undivided parcel for the purposes of this title, shall any division of any parcel be made which cre- and no portion of the parcel shall be used or sold in ates a lot with width or area below the requirements a manner which diminishes compliance with lot stated in this title. width and area requirements established by this (3) In the SR-8 zoning district,if two(2) title,nor shall any division of any parcel be made or more single-family zoned Jots or combination of which creates a lot with width or area below the lots and portions of lots with continuous frontage requirements stated in this title. in single ownership are of record prior to June 20, F. Nonconforming signs. 1973,and if all or part of the lots do not meet the 1. Applicability of restrictions. Regulations following minimum requirements established for applicable to nonconforming signs are in addition lot width, lot area, and topography, the land to regulations applicable to nonconforming uses, involved shall be considered to be an undivided structures,and lots,and in the event of conflict the parcel for the purposes of this title,and no portion most restrictive provisions shall apply. of the parcel shall be used or sold in a manner 2. Continuation of nonconforming signs which diminishes compliance with lot width and a Signs that were legally existing as of the area requirements established by this title,nor shall effective date of this title or subsequent amend- any division of any parcel be made which creates a ments thereto that do not conform to the regula- lot with width or area below the requirements tions of this title shall be considered stated in this title. nonconforming signs. Nonconforming signs may (a) Minimum ]d area: Four thousand not be moved,relocated,altered,or added to with- six hundred(4,600)square feet. out receiving approval from the planning services (b) Minimum Id width: Forty(40)feet office. (c) Maximum site slope- Fifteen (15) b. No sign permit shall be issued to allow percent. legal signs on property having an illegal or noncon- (4) In any district in which duplex dwell- forming sign until such time as the nonconforming ings are permitted,a duplex dwelling and custom- or illegal sign is modified toconform to this title ary accessory buildings may be erected on any 3. Amortization period single lot of record as of June 20, 1973,with a min- a. Abandoned signs.Abandoned signs must imum area of seven thousand two hundred(7,200) be removed within ninety(90)days square feet, notwithstanding limitations imposed b. Number and type of signs.The number I'• by other provisions of this title.Such lot must be in and type of allowable signs for each occupancy separate ownership and not of continuous frontage must conform to the regulations of this title. with other lots in the same ownership.This provi- (Ord.No.2905,§ 1,2-20-90;Ord.No.3122,§ 1, Sion shall apply even though such lot fails to meet 6-15-93; Ord. No. 3409. §50, 7-7-98; Ord No. the requirements for area or width that are gener- 3439, §7, 2-2-99; Ord No 3521, §2, 8-15-00, ally applicable in the district,provided,that yard Ord No 3600,§5,5-7-02;Ord.No.3665,§1,10- dimensions and requirements other than those 7-03) applying to area or width of the lot shall conform to the regulations for[be district in which such lot I5.08. 10 Re crioa of 1 area. is located No I maybe o redu area ih it wo d b. Other disirtcts.In any other district,per- in viol on o! mum 1 ize, y rovi miffed building and structures may be constructed sio Id co age,of• t par or any her on a nonconforming lot of record, provided site requi eats o e zonin istn o se. coverage,yard,landscaping,and off-street parking requirements are met.Such Ids must be in separate 15-109 (Rey sed tiros) t Kent City Council Meeting Date September 7, 2004 Category Consent Calendar 1. SUBJECT: CIVIL SERVICE COMMISSION RE-APPOINTMENT—CONFIRM 2. SUMMARY STATEMENT: Confirmation of the Mayor's re-appointment of Ms. Pauline Thomas to continue serving as a member of the Kent Civil Service Commission. Her appointment will continue until 4/30/10. 3. EXHIBITS: Memo 4. RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6K OFFICE OF THE MAYOR Jim White, Mayor Phone.253-856-5700 Fax: 253-856-6700 Address 220 Fourth Avenue S. K E N T Kent,WA 98032-5895 WASHINGTON TO: Julie Peterson, Council President City Council Memb FROM: Jim White, Mayor DATE: August 31, 2004 RE: Re-Appointment to Kent Civil Service Commission I have re-appointed Ms. Pauline Thomas to continue serving as a member of the Kent Civil Service Commission. Ms. Thomas' new appointment will continue until 4/30/2010. I submit this for your confirmation. jb Kent City Council Meeting Date September 7, 2004 Category Other Business 1. SUBJECT: MOTORIZED WHEELED TRANSPORTATION DEVICES ORDINANCE—ADOPT 2. SUMMARY STATEMENT: The proposed ordinance regulates the use of motorized scooters and other similar motorized devices that are not already regulated by state law. The Public Safety Committee approved the attached ordinance at its August 19, 2004, meeting. In addition, the Committee asked the Law Department to provide Council with language for impounding these devices. A legal analysis of the limitations to impounding, and impound language for Council's consideration, is attached by separate memo dated August 31, 2004. 3. EXHIBITS: Memorandum from Arthur "Pat" Fitzpatrick, dated August 31, 2004; Memorandum from Tom Brubaker, dated August 27, 2004; Memorandum from Arthur "Pat" Fitzpatrick, dated August 10, 2004; Ordinance; Statistical Information from the US Consumer Product Safety Commission; and Correspondence 4. RECOMMENDED BY: Public Safety Committee (2-1) (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt Ordinance No.,-37p'' which regulat`ththe use of scooters and other motorized wheeled transportation devices. ar DISCUSSION: a.wd- w, ` ACTION: J, � P o Council Agenda �� X Item No. 7A LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 KEN T Fax: 253-856-6770 W A S H I N 0 7 O N Address: 220 Fourth Avenue S. Kent,WA 98032-5895 August 31, 2004 To: Kent City Council From: Arthur"Pat" Fitzpatrick, Deputy City Attorney P F Regarding: Motorized Wheeled Transportation Devices During the August 19, 2004, Public Safety Committee meeting, the Law Department was asked to determine whether the City could seize motorized wheeled transportation devices ("devices") from operators who commit a third violation in any twelve month period There was an indication that other cities had taken this approach. iAfter researching the issue, it appears that the City Council may give the Police Department the authority to seize these devices. However, this authority may have limited practical effect. First, any seizure of this nature must be reasonable. Pursuant to appellate court rulings, one factor in determining whether a seizure of this kind would be reasonable is whether any reasonable alternatives to seizure were available to the officer Therefore, even if the City Council were to give officers the authority to seize the device, the officer may only seize the device if no reasonable alternatives were available. Assuming that a device is capable of being pushed, and assuming that pushing the device is a reasonable alternative to seizure, it may be that 1 there are very few circumstances in which seizure will be legally permissible Second, in the event seizure of a device does occur, the City must provide the owner of 1 the device with due process, which means the City must provide the owner with an opportunity to challenge the seizure. Therefore, a hearings process providing the owner with notice of the seizure and an opportunity to challenge the seizure must be established. Finally, while the law may permit seizure of the devices, the City is not permitted to forfeit or take title to them. At most, the City would only be able to temporarily impound the devices. Therefore, the City would be required to store the scooters in a safe place until the end of the impound period. With the above legal constraints in mind,the Law Department has prepared the following language for the City Council's debate and consideration. 9.44.140 Impound—Hearing. A. - A motorized wheeled transportation device operated by any person in violation of this chapter may, at the discretion of the officer, be impounded without a hearing in the Memorandum. August 31,2004 Page 2 event the operator has been charged with two previous violations of this chapter in the twelve (12) months preceding the offense. A motorized wheeled transportation device may be impounded pursuant to this chapter for a period of thirty (30) days. B. The owner may, during the thirty (30) day impound period, request a hearing to challenge the impound. The deputy chief of police or the patrol captain shall be the hearings examiner for the purposes of the hearing. In order to challenge the impound, the owner shall submit, in writing, a request for a hearing to the police department. The request for a hearing shall be delivered, personally or by mail, to the police patrol captain or deputy chief of police. The patrol captain or deputy chief shall, no later than five (5) days after receipt of a request for a hearing, schedule a hearing which shall be held no more than ten (10) days after receipt of the request for the hearing. C. The burden of proof is upon the City to establish that the impound was proper by a preponderance of the evidence. The hearings examiner may consider the notice of traffic infraction and any other written report prepared by the officer in lieu of the officer's personal appearance at the hearing. The person contesting the impound may present witnesses and evidence and may examine witnesses questioned by the hearing examiner. At the September 7 Council meeting, the City Attorney will provide a motion for consideration in the event Council wishes to add the above language to the draft ordinance that is contained within the Council packet. P'Ciw1311E59pmFleabt6']VpwMNmn 6x LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 K E N T Fax: 253-856-6770 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 August 27, 2004 To: Kent City Council From: Tom Brubaker, City Attorney P Cc: Jim White, Mayor Mike Martin, Chief Administrative Officer Ed Crawford, Police Chief Regarding: Public Safety Committee Amendments to Proposed Motor Scooter Regulations Attached to this memorandum, please find a revised ordinance regulating motorized wheeled transportation devices, as amended by the Public Safety Committee on August 19,2004. As indicated in Deputy City Attorney Pat Fitzpatrick's previous memorandum to that Committee, the Committee generally agreed that helmets and brakes were required on these devices, that no more than one person could ride at any time (and they could not be used to tow other persons), and that drivers should comply with the same rules as bicyclists. Further, all agreed that negligent operation of these devices should be prohibited and that there should be imposed a certain degree of parental responsibility. At the conclusion of Committee discussion, the Committee elected to keep the initially proposed language that established a minimum age of operation at thirteen (13) or older. As to noise regulation, the Committee approved alternative language establishing that operation of these devices is subject to the City's existing public disturbance noise provisions and that all gas powered scooters must have a muffler. There was considerable Committee discussion as to areas of operation. The Committee's final decision was to prohibit their use in parks; on trails, except paved trails; on publicly owned or operated parking lots; and on sidewalks, except where the adjoining street has a posted speed limit in excess of 25 mph. In that instance only, these devices can be used on adjoining sidewalks,but only if they are operated at a speed not to exceed 5 mph. Further, as of the date of this writing, Councilmember Clark has indicated to me that he may propose an amendment to prohibit the operation of these devices on all paved trails, except the Interurban Trail in Kent, and Councilmember Harmon has also indicated that he may propose an amending motion to prohibit the use of these devices on all trails within the City of Kent. tNext, the Committee dealt with the times of operation for these devices. It was noted that most noise complaints pertaining to these devices occur during night time hours. After some discussion about persons under the age of sixteen (16)possibly using these devices to get to and from their homes for babysitting duties, or newspaper routes, or other part-time jobs minors often Memorandum: August 27,2004 Page: 2 undertake, the Committee determined to restrict the hours for operation of these devices to between the hours of 7:00 a.m. and 9:00 p.m. Since, at certain times of the year, this time frame for operation occurs before or after daylight hours, the amended ordinance also provides that, when operated during hours of darkness, the device has to have adequate front and rear lighting. Finally, at the meeting, the Committee also directed my office to draft language that would allow the City to confiscate the devices under certain conditions. It was proposed that confiscation would occur if the violator committed three (3) violations within the previous twelve (12) months. While this office is researching this issue, it is important to note that under the law, the City would not be permitted to forfeit (i.e. take title to) the scooters. At most, the City could possibly seize and temporarily impound the scooters. In addition, the City would be required to provide owners with an opportunity to challenge the seizure, and would be required to store the scooters for the impound period. We are drafting the language and we will include it in the Council agenda packet as alternative language for discussion, and possible addition, to the proposed ordinance attached to this memorandum. This summarizes the changes made by the Public Safety Committee to this ordinance. I offer this memorandum and the revised ordinance, as well as the original backup provided in the Public Safety Committee packet on August 19, 2004, for your early review in an effort that you have as much time as possible to prepare for your deliberation on this matter, which is set for the regular Council meeting on September 7, 2004. Last, if any of you have any questions, thoughts, or comments of any kind or nature regarding this matter, my office encourages you to contact us at anytime if we can be of any further assistance or provide you with any further information. t LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 K E N T Fax: 253-856-6770 WASH IN OTON Address: 220 Fourth Avenue S. Kent,WA. 98032-5895 August 10,2004 To: Public Safety Committee From: Arthur"Pat" Fitzpatrick,Deputy City Attorney Regarding: Motorized Transportation Devices At the Public Safety Committee meeting of July 15, 2004,the Committee considered the enactment of an ordinance to regulate motor scooters and other motorized devices that are not sufficiently regulated under current law. The Committee was presented with an ordinance prepared by the Law Department after consulting with the Police Department and the Parks Department.Attached as Exhibit A. The Committee first discussed sections of the ordinance the committee members agreed upon. The Committee then discussed provisions in the ordinance that warranted further discussion. This memorandum will first present those sections of the original proposed ordinance that the Committee tentatively approved. It will then present those sections that the Committee wanted to discuss further. The memorandum will then discuss the available data related to mufflers, and injuries associated with motor scooters and age of riders. Finally, the -memorandum will present alternative code language for those sections that the Committee wanted to discuss further. Ordinance Sections Tentatively Approved by Committee. • 9.44.010 Definitions. • 9.44.050 Helmet required • 9.44,060 Brakes required. • 9.44.080 No more than one person permitted (modification regarding prohibiting i the towing of another person has been added). • 9.44.090 Operator to abide by rules applicable to bicycles. • 9.44.100 Negligent operation prohibited. • 9.44.110 Parental responsibility. • 9.44.120 Recreation or entertainment business that uses motorized wheeled transportation device. 0 9.44.130 Violation—Penalty. Memorandum: August 10,2004 Page: 2 Ability to Muffle Gas Powered Scooters. During discussion regarding the noise produced by gas powered scooters (as opposed to electric scooters), the ability to muffle a two-cycle motor of the kind normally used for motor scooters came into question. Prior to the first Committee meeting, Law Department staff informally polled, by telephone, a number of small engine mechanics in the area. A memorandum summarizing that poll is attached for reference. Attached as Exhibit B. In addition, following the July Public Safety Committee meeting, similar questions were asked of the city's fleet mechanic supervisor, and the fire department's vehicle maintenance supervisor. The findings can be summarized as follows: • A two-cycle motor can be muffled which will decrease some of the noise. Most motor scooters come equipped with a muffler that brings the scooter within federal noise standards. However, mufflers can be easily removed. Aftermarket mufflers that will fit the motors used on motor scooters may be hard to come by, as each brand of motor has a different type of muffler receptor. More likely than not, absent an afteimarket muffler that will fit the motor, the owner would have to go through the motor manufacturer to obtain a muffler. In addition, while a muffler can quiet a two-cycle motor, it cannot silence it, as to do so would restrict the power output of the motor making the scooter too powerless to ride. Available Data Related to Injuries and Age Associated With Scooters. On August 6, 2004, the Law Department received statistical information regarding motor scooters from the United States Consumer Product Safety Commission. The statistical data covers the period of 2002 to the present, and displays injury information. The data is also broken down by age. This statistical information is attached to this memorandum for your review. Attached as Exhibit C. Some of the key statistics can be summarized as follows: • There was a much higher rate of injury to operators of motor scooters between the ages of 5 and 14. For example, persons between the ages of 5 and 14 suffered 286 injuries. Operators between the ages of 0 and 4 suffered 14, and operators between the ages of 15 and 24 suffered 76. • Most commonly injured body part was the head, face, lower arm, and knee (in the order listed). • The most commonly reported injuries were contusions, fractures, and lacerations(in the order listed). • A vast majority of those injured were treated and released by a physician. • The most common location of the incident causing injury was the street, wbich probably includes sidewalks. Memorandum: August 10,2004 Page: 3 ' • Injuries most commonly occur during the months of March,April,May and June. Note: The statistics are for"motorized scooters." Due to the federal governments use of the term"motorized scooters" in generating the statistics, the federal statistics also captured injuries that occurred while people were using motor scooter disability aids. Most of the injuries to those in the older age brackets are suffered while using these disability devices. The definition in the proposed ordinance does not regulate disability devices. Therefore,the statistics representing the older age brackets are not relevant to our ordinance. Alternative Lanena¢e. Sec. 9.44.020. Prohibited areas. Current Proposed Language: The operation or use of motorized wheeled transportation devices shall not be permitted in or upon the following areas: 1. Sidewalks. 2. Improved or natural surface recreational trails. 3. Parks. 4. Publicly owned or operated parking lots. 5. Streets with a maximum speed limit in excess of twenty-five (25) miles per hour. Alternative No. 1: A The operation or use of motorized wheeled transportation devices shall not be permitted in or upon the following areas: 21. Improved or natural surface recreational trails. -32. Parks. 43. Publicly owned or operated parking lots. -54. Streets with a maximum speed limit in excess of twenty five (25) miles per hour. B. Motorized wheeled transportation devices shall not be permitted on sidewalks: provided, that motorized wheeled transportation devices may be operated upon sidewalks that are adjacent to streets that have a speed limit in excess of twenty five (25) miles per hour, provided further, that when the operation of a motorized wheeled transportation device on a Memorandum: August 10,2004 Page: 4 sidewalk is lawful, the device shall not be operated on the sidewalk at a speed in excess of five (5) miles per hour, and the operator must, at all times,vield to pedestrian or bicycle traffic. Alternative No. 2: A. The operation or use of a motorized wheeled transportation devices powered by a liquid fuel motor shall not be permitted in or upon the following areas: 1. Sidewalks. 2. Improved or natural surface recreational trails. 3. Parks. 4. Publicly owned or operated parking lots. 5. Streets with a maximum speed limit in excess of twenty-five (25) miles per hour. B. The operation or use of a motorized wheeled transportation device powered by an electric motor shall not be permitted in or upon the followin areas: 1. Parks. 2. Publicly owned or operated parking lots. 3. Streets with a maximum speed limit in excess of twenty-five (25) miles per hour. Sec. 9.44.030. Times of operation. Current Proposed Language: A motorized wheeled transportation device shall not be operated during the "hours of darkness" as that phrase is defined in RCW 46.04.200. For the , purposes of this section, the times of sunset and sunrise shall be those times designated in a newspaper of local circulation including either the King County Journal, the Seattle Times,or the Seattle Post Intelligencer. Alternative No. 1: A motorized wheeled transportation device shall not be operated dtHing-the s—as--ma. Ymv3v-iS—defined n"-zcCW-'-'tv:vrter0.—RL-z'ac ptffpeses of this seetie., the fines of sunset andsimFise shell be these time.. Memorandum: August 10,2004 Page: 5 JevaW, the Seatle T-...__, _. .a S We Post r «elms.,°_between the hours of 9:00 p.m. and 7:00 a.m. 1 Alternative No.2: A A motorized wheeled transportation device powered by a liquid fuel motor shall not be operated " as that pktwe is uuvd in aw.• .v.v..rvv. For-the t.w j.vv.+v v. this vw.. ay ...e ..u.e.. ..sunso and sufnise shall be these tifnes designated in a newspaper- of leeal the Seale Pest r^*""igeseef. between the hours of 9:00 p.m. and 7:06 gam. B. A motorized wheeled transportation device powered by an electric motor may be operated at any time. C. A motorized wheeled transportation device operated during the "hours of darkness," as that phrase is defined in RCW 46.04.200, shall delay a white light to the front of the device that is visible from a distance of five hundred(500)feet from the front of the device, and a red light or reflector on the rear of the device that is visible from a distance of five hundred (500)feet from the rear of the device. 1 - See.9A4.040. Age of operator. ' Current Proposed Language: No person under the age of thirteen (13) shall operate a motorized wheeled transportation device. IAlternative No. 1: A. No person under the age of shall operate a motorized wheeled transportation device powered by an electric motor. B. No person under the age of t shall gate a motorized wheeled transportation device powered by a liquid fuel motor. i Memorandum: August 10,2004 Page: 6 Sec. 9.44.070. Noise. Current Language: The motor of any motorized wheeled transportation device shall not be audible from a distance of over fifty(50)feet. Alternative No. 1: A. The operation of a motorized wheeled transportation device shall be subject to the provisions of KCC 9.02.200 entitled "Public Disturbance." (See KCC 9.02.200 which is attached as Exhibit D). B. No motorized wheeled transportation device powered by a liquid fuel motor shall be.operated unless such device is equipped with a properly working muffler that is designed to reduce the noise produced by the device. i 1 i 1 t ' r 1 1 ORDINANCE NO. ' AN ORDINANCE of the City Council of the City of Kent, Washington, amending the Kent City Code to add a new Chapter 9 44 relating to the regulation of motorized wheeled transportation devices. RECITALS A The City of Kent has received numerous complaints of people riding upon various motorized devices on the sidewalks and roads of the City The li complaints have related to the danger the operator places him- or herself in and the danger posed to the driving public and pedestrians The City has also received many I complaints regarding the excessive noise produced by liquid fueled versions of the various motorized devices, the use of these devices in City parks and on sidewalks, and the use of these devices during late hours when the noise produced by the liquid fueled versions of the devices is particularly disruptive IIB. The City has also received a number of reports relating to younger people riding upon the motorized devices apparently without adult supervision. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS- 1 Motorized Wheeled Transportation Devices t r ORDINANCE SECTION 1. - Amendment A new Ch. 9.44, entitled "Motorized Wheeled Transportation Devices," is added to the Kent City Code as follows. CHAPTER 9.44 MOTORIZED WHEELED TRANSPORTATION DEVICES Sec. 9.44.010. Definition. For the purposes of this section, a "motorized wheeled transportation device" shall mean any device which has no more than two (2) wheels, is propelled by an electric or liquid fuel motor, and is intended to transport a person on or across land. A motorized wheeled transportation device shall include, but shall not be limited to, a "motorized foot scooter" as that term is defined in section 46.04.336 of the Revised Code of Washington ("RCW"), and any electric or gas powered scooter, power board, motor powered skateboard, miniature motorcycle, pocket bike, or miniature chopper, regardless of the manner in which the device is designed, provided, that a motorized wheeled transportation device shall not include any of the following as defined in the referenced RCW: Electric-assisted bicycle - RCW 46.04 169 Electric personal assistive mobility device - RCW 46.04 1695 Moped - RCW 46.04.304 Motorcycle - RCW 46.04.330 Motor-driven cycle - RCW 46.04.132 Power wheelchair - RCW 46 04 415 Wheelchair conveyance - RCW 46.04.710 I Sec. 9.44.020. Prohibited areas. A. The operation or use of motorized wheeled transportation devices shall not be permitted in or upon the following areas: 1 Improved or natural surface recreational trails, except paved trails. 2 Parks. 3 Publicly owned or operated parking lots. i 2 Motorized Wheeled Transportation Devices ' 4. Streets with a maximum speed limit in excess of twenty five (25) miles per hour B. Motorized wheeled transportation devices shall not be permitted on sidewalks; i provided, that motorized wheeled transportation devices may be operated upon sidewalks that are adjacent to streets that have a speed limit in excess of twenty five (25) miles per hour; provided further, that when the operation of a motorized wheeled transportation device on a sidewalk is lawful, the device shall not be operated on the sidewalk at a speed in excess of five (5) miles per hour, and the operator must, at all times, yield to pedestrian or bicycle traffic. Sec. 9.44.030. Times of operation. A. A motorized wheeled transportation device shall not be operated between the hours of 9.00 p.m and 7.00 a.m. B. A motorized wheeled transportation device operated during the "hours of darkness," as that phrase is defined in RCW 46 04.200, shall display a white light to the front of the device that is visible from a distance of five hundred (500) feet from the front of the device, and a red light on the rear of the device that is visible from a distance of five hundred (500) feet from the rear of the device. 1 �I Sec. 9.44.040. Age of operator. No person under the age of thirteen (13) shall operate a motorized wheeled transportation device Sec. 9.44.050. Helmet required. Any person operating or riding upon any motorized wheeled transportation device shall, at all times, wear a "motorcycle helmet" as that term is defined in RCW 46,37.530 or an approved bicycle helmet certified by the United States Consumer Product Safety Commission (CPSC), the American National Standards Institute (ANSI), or the Snell foundation, and shall have the chin strap fastened securely while the motorized wheeled transportation device is in motion. 3 Motorized Wheeled Transportation Devices 1 1 Sec. 9.44.060. Brakes required. Motorized wheeled transportation devices shall be equipped with brakes that will enable the operator to make the braked wheels skid on dry, level, clean pavement. See. 9.44.070. Noise. ' A. The operation of a motorized wheeled transportation device shall be subject to the provisions of KCC 9.02.200 entitled "Public Disturbance." B No motorized wheeled transportation device powered by a liquid fuel motor shall be operated unless such device is equipped with a properly working muffler that is designed to reduce the noise produced by the device Sec. 9.44.080. No more than one person permitted - Towing or pulling Prohibited. A. No more than one person shall operate or ride upon a single motorized wheeled transportation device at the same time In the event that more than one person operates or rides upon a single device at the same time, each person operating or riding the device shall be in violation of this section. B. No person operating a motorized wheeled transportation device shall tow or pull another person behind such device In the event that a person is towed or pulled behind a motorized wheeled transportation device, the person operating the motorized wheeled transportation device and the person being towed or pulled shall be in violation of this section Sec. 9.44.090. Operator to abide by rules applicable to bicycles. Except as ' provided in this chapter, every person operating a motorized wheeled transportation device upon a roadway shall have the same rights and duties as operators of bicycles. 4 Motorized Wheeled Transportation Devices See. 9.44.100. Negligent operation - Prohibited. The negligent operation of a motorized wheeled transportation device shall be prohibited. For the purposes of this section, the term "negligent" shall mean the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or 1 similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances. It is an affirmative defense to negligent operation of motorized wheeled transportation device that must be proved by the defendant by a preponderance of the evidence, that the operator was operating the motorized wheeled transportation device on private property with the consent of the owner in a manner consistent with the owner's consent. Sec. 9.44.110. Parental Responsibility. A parent or guardian who has custody of any child or ward under the age of eighteen (18) shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this section. tSec. 9.44.120. Recreation or entertainment business that uses motorized wheeled transportation device. This chapter shall not apply to any properly zoned, located, and licensed business in which motorized wheeled transportation devices are 1 I utilized for recreation or entertainment on the property of the business. I Sec. 9.44.130. Violation — Penalty. A violation of any provision of this chapter shall be punishable by the imposition of a monetary penalty in the amount of $150. The court may also order a person found to have committed a civil infraction to make restitution. tA. Kent Municipal Court - Jurisdiction The Kent Municipal Court shall have jurisdiction to adjudicate, in accordance with applicable laws, any violation of this chapter, provided that in the event jurisdiction over a juvenile lies with another court, that other court shall have jurisdiction to adjudicate the offense i5 Motorized Wheeled Transportation Devices B. Penalty - Immediately payable Whenever a monetary penalty is imposed by a ' court under this section, it is immediately payable. If the person is unable to pay at that time, the court may grant an extension of the time period within which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the , court may proceed to collect the penalty in the same manner as other civil judgments and may notify the prosecuting authority of the failure to pay. I SECTION Z — 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 portion of this ordinance and the same shall remain in full force and effect. SECTION 3. - Effective Date This ordinance shall take effect and be in force thirty(30) days from and after its passage as provided by law. V JIM WHITE, MAYOR ATTEST: BRENDA JACOBER,CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 6 Motorized Wheeled Transportation Devices PASSED: day of September, 2004. APPROVED: day of September, 2004. PUBLISHED: day of September, 2004. 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 e c.,i oxni,vcewarvNam.mww..,rew 7 Motorized Wheeled Transportation Devices RECEIVED U.S. CONSUMER PRODUCT SAFETY COMMIS ION UG Q fi 2004 WASHINGTON, DC 20207 KENT LEGAL DEPT. Randolph E Mitchell Tel.V %4-7921 Technical Information Specialist Fac 301-504-0f24 National Injury Information Clearinghouse Email.mutchell@q=gov Office of Information Services August 3,2004 Pat Fitzpatrick 220 Fourth Avenue South Kent,WA 98032 Dear Mr. Fitzpatrick: As recently requested by you,we are enclosing the spccifed ite;n(s). If you have any questions concerning any of the information or if we can be of further assistance,please feel free to contact us. PIease be advised that you may obtain CPSC publications,recalls and general safety related information via our website at www.cnsc Qov Sincerely, 6Z4t Randolph E.Mitchell Enclosure(s) I 1 t _ . t CPSC Ho1Gne•1.800-638-CPSC(2T72)H CPWs Web Site:hrip:f ww c sc gov ' U 1 CQ:ISQUiZC PLGC:IG SdiG:-f COi"L^Li.i:C:� J� c (.C^ rN'S�?ICE ot� DC M-707--0001 - ``riSS C.AaS -DESC��'11LINS of ABER.ZWL;TIO.'NS 1 ?_0A c Da:.-. .hc person was.:=C-d Ua¢cs�ttil g._cef ceeaf'�ccc =!:� Sr. _-ram '� `�.- .. ...• •..� �I .:.� 7.. _:.. .... r _,1- ^+1' � _ -ti. XJ pf i.Cs En—jury Dtaresis: 50 ."-N9 A.-ccb0.icc- 65 a? ASPCZ A=L.s,--d iar_i;m objcC c.9 $iN Y rttsl.=-, c cm--C4 • l. BR—', Q C"u C3C:1.^.^.r- cz.-- C cy C'sC:3tcr-, n-:=ys, '=.c---V zvzS, !:S^. OT rDi L�1�-1 'Zi ;czf - i`.7^^aC _'1d C, 5L 33:4,i-T +RLLZ � iic.^.�.L. L:'Z . iii:,C a. Lac SS's iC C. i BRY-U Burma. MCC ==-1 r. _ SZ C�t`iC5 C.cc_u:cc.. J 53 CT/ C;.3 C Cf'--ic2 cr 2L^S,cr- 6a V OCI--1 _ 1 CU=l=Ccr, L.3 as zz_r,•".'i.'r"1! 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A ZSOti s . o o o oo o � o ro o ro o roz m rszm O r O o • O O r o P r o O O o a O O o O i O O o O o O o P • <D O' D p"D•M ' r a ntnrtn mw S O .-•2mN r 0 r 0 a P r P • O r 0 • O r 0 . V. r V • O • .D..q. �. Zo"O . r • r r P r o . o ; O ; P ' O . ZZ C c ...AN p r o r o • P a 1 r Con A o V r 00 a O O• V 1 a V a • 00 , o o 00 , o o r,P •0 Y m r m Z 1 m mn•�0 • N O r m L D L m , O , O a 0 r O � O • N • O r O N • O • O ♦ r r A Dti4N r o xmcm p O r 0 • O O r 0 r 0 O N O p AZ .oroo • oor0000roo • o-• oNooNs • ooaoo • cT�y C T F to o •^p m l-r .+ r O O , W�+ • O O r O O r 0 0 • 0 0 • on r 0 0 ' on 0 0 • O O r = Z r r . . . . . r i , Ow rn � om 0 0 l!r N Vf d W 1'• N 00 W •O ^ y r co u ms S W ti c 0 a D c m C n w N O O s y � , • Jp T � p , O A .- N • N . N • N �C . O � O . O . O • A A O . O . O • O . rt 3 , r • W • N , .+ . A , • a o • z • r r F o F . ON • O . W O W . VOo • V•O � NP • 00 1 • T . m • m • O • N • F • O • W , ViN N • W • O ry . tJ.-+ • P./. • aDP • 00 • H , , b , ; V . p • VI • VI . O N • n . 00 � aw . Fm . 00 � nc oz �o O �n � mw � •o� � •o� � o � z a •O , COW • Or , vl V1 ; OO • bv-� • y A O O O , a 2 C K b n 0 0 W —>mm o o•o • wN roa oo zsmm 1 • _ .O , v. • N • o . T =O c TXzmO O A P . .+W , r•+ . j� . O •w m V . O!D • WN . V • 00 • O O^a.a MW C o +Or r o ..zmN Q A O\n o a Z O y G r � O • rW , O•-� • O ^foW M 00 • coN COP • 00 • 3 n nAO o A rrnzy • p N • 4 , o • zazm 0 y�m r o ww w� o smCm u+ oo • r.n . oo oo • O zz , • C T K y w mAm m C mn I • O � • .O . O '7 G W • O • V N • F w . O • C .O • 00 PP • .O W • 00 • m r , ;r n m o , y Om . O , P . U. • O • L'1 , K N • oo . wr �V oo . �"j' mw A I N . p • � • O � Voo � rm �•o . 00 . a s . m a • p , V. . OD • O C r . 0 • W W y . OO • Oar , PN • O+ • N i y O N m ,o 0 N a 3 C r m N O nc oz z-+ N C A m m my Ao Y A �1'A ••O x O O O 2CN-1 anoo r-r cSo a . C r O ' r r s • . -1 r A r 4 nr ]Cr Dr T ' Nr D ' " L M P ZDmm r N mrvt m � c� r r r T r r r n m P T A K z N µ 'O xNrN r 0 O O O O O ff , m .� b•-•m r N • O . O ' O . O A ' O • 0 0 ' � O �2 m N 07rO� rO+ ; OA ; OIA . OU. ; ON ' ff m O�AO [ .••A N i 3 M1 mm n-0 p < -- u Dn U A0 9 N O co � � � N 2 D z m =mC 1 M m o A 2 CT <ti O m m A N c m,e a< ...m mr s r O z rn om n K rn m N A mn xw c Y a m K D C m C Y r1 w N O O P 9.02.200 Public disturbance. ��`�O A.A person is guilty of public disturbance if he or she: j1.Causes a public nuisance disturbance or is in possession and control of property on which a public nuisance disturbance occurs. The following sounds are determined to be public nuisance disturbances: a. The frequent, repetitive, or continuous sounding of any hom or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by taw. b.The creation of frequent, repetitive, or continuous sounds in connection with the starting,operation,repair,rebuilding,or testing of any motor vehicle, motorcycle,off- highway vehicle, or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace, comfort, and repose of owners or possessors of real property. c. Yelling, shouting, hooting, whistling, or singing on or near the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time and place so as to unreasonably disturb or Iinterfere with the peace,comfort, and repose of owners or possessors of real property. d. The creation of frequent, repetitive, or continuous sounds which emanate from any building, structure, apartment, condominium, or yard adjacent thereto that unreasonably interfere with the peace, comfort, and repose of owners or possessors of real property such as sounds from musical instruments, audio sound systems, band sessions, or social gatherings. e. The creating of frequent, repetitive, or continuous sounds made by any animal, such as barking or howling, except that such sounds made in animal shelters, commercial kennels, veterinary hospitals, pet shops, or pet kennels licensed under and in compliance with Ch. 8.03 KCC shall be exempt from this provision. f. Sound from portable audio equipment, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty (50) feet from the source,and if not operated upon the real property of the operator. This provision shall not apply to such sounds emitted from scheduled events or activities at parks and recreational facilities such as public address systems for park or game events or concerts or similar park or recreation acMes. g.The creation of frequent, repetitive, or continuous sounds made in connection with outdoor construction or the movement of construction related materials, including noise made by devices capable of producing sound by either striking or cutting objects, such as hammers, saws, or other equipment with internal combustion engines; provided, however, such sounds shall be exempt from the provisions of this code under the following circumstances: I. During the hours of 7:00 a.m. through 8:00 p.m.,Monday through Sunday; or 1 III. In commercial areas not adjacent to residential areas. B. The foregoing enumeration of ads and noises shall not be construed as excluding other ads and noises Iwhich offend the public peace. C. Public disturbance Is a misdemeanor. ioAt Jacober, Brenda ` From: Brubaker, Tom Sent: Wednesday,June 23,2004 11 17 AM To: Banister,Jan; Peterson, Julie, Clark, Tim;White, Bruce, Harmon, Ron, Ranniger, Deborah, Raplee, Debbie; Thomas, Les, Crawford, Ed, Miller, Chuck, Jacober, Brenda Subject: RE: When is Kent going to address this motor scooter issue?! jEveryone-- our office has prepared a draft ordinance, which is scheduled to go to the Public Safety Committee at its July 15th meeting. If approved out of committee, it will go to the full council at the first regular meeting in August (National Night out night) . If you have specific comments, questions or concerns that you'd like to have addressed in this ordinance, please let me know. If you'd like to see our latest draft, again, just reply and I'll forward it on to you. Regards, --Tom -----original Message----- From: Banister, Jan Sent: Wednesday, June 23, 2004 11:05 AM To: Peterson, Julie; Clark, Tim; white, Bruce; Harmon, Ron; Ranniger, Deborah; Raplee, Debbie; Thomas, Les; Crawford, Ed; Miller, Chuck; Brubaker, Tom; Jacober, Brenda subject: FW: when is Kent going to address this motor scooter issue?! FYI Jan -----Original Message----- From: Barbi Donovan [mailto:BDonovan@chpw.org] Sent: Wednesday, June 23, 2004 10:07 AM To: Mayor@ci .kent.wa.us subject: when is Kent going to address this motor scooter issue7'. City latest to try curbing motorized scooters By Ashley Bach <mailto:abach@seattletimes.com> Seattle Times Eastside bureau Issaquah has become the latest city in the area to restrict motorized scooters, whose use has spurred complaints about noise and safety. come July 5, riders of gas-powered scooters in Issaquah must be at least 14 years old and must stay off sidewalks and streets with higher speed limits. A similar ordinance was passed by the Seattle City council 's Transportation committee yesterday and is scheduled for a vote by the full council Monday. Councilman Richard Conlin, sponsor of the proposed Seattle ordinance, said he expects it will be approved and will take effect by Aug. 1. Auburn passed a scooter ordinance earlier this month, and Bellevue and Kirkland are considering restrictions. Motorized scooters - essentially skateboards with handlebars and engines - have become more popular recently, and police have received complaints about reckless drivers and excessive noise, especially from the louder, faster gas-powered models, Seattle and Issaquah officials say. "This is something that parents really need to know about before they allow their kids to get involved, " Conlin said. Issaquah began working on an ordinance last year, but the issue became more pressing after many kids received scooters for Christmas, Police chief Dave Draveling said. Then in May, a 15-year-old boy was seriously injured when his scooter hit a sidewalk dip and he flew into the path of a car. "The accident, especially on Front Street during a busy time, was kind of a wake-up call that we needed to do something soon," said Issaquah City council President Nancy Davidson. Now the gas scooters will be allowed only on streets with a speed limit no higher than 25 mph, including Front Street North, sunset way and most neighborhood streets. King County law already requires helmets, but the city added a helmet requirement to reinforce the point. A headlight and rear reflector are required at night. 1 In Seattle, the current proposal sets a minimum age of 16 for users of gas scooters. They wouldn't be allowed to travel on sidewalks or public paths, including the Burke-Gilman Trail . A muffler, brakes and night lighting would be required. The Seattle law also goes further than Issaquah's by limiting the use of electric scooters and Segway vehicles. They would be barred from public paths, bike lanes and busy streets, but could remain on sidewalks and most streets with lower speed limits. Yale Wong, the owner of Galaxy Scooters in Seattle, says the age requirement would cut his thriving business by at least a third. He said he currently sells about 100 scooters a month. Kids under 16 want a scooter because they don't have a driver's license. Earlier this month, Auburn passed restrictions for gas and electric scooters. Riders there must be at least 16, stay out of downtown and city parks, and off sidewalks and streets with a speed limit higher than 25 mph. in Issaquah, police said they will focus in the beginning on casual warnings and educating people about the new rules. But violators could be fined $50. "One of the best opportunities for [scooter users] , to keep this from being more of a problem in Issaquah, is to exercise good judgment," said Councilman Hank Thomas Barbi Donovan, CPCS community Health Plan of Washington 720 Olive way, Ste 300 Seattle, WA 98101 Direct line 206-613-8958 Fax 206-613-5018 CONFIDENTIALITY NOTICE: This message is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential and exempt from the disclosure under applicable law. If you are not the intended addressee, nor authorized to receive for the intended addressee, you are hereby notified that you may not use, copy, disclose or distribute to anyone the message or any information contained in the message. If you have received this message in error, please immediately advise the sender by reply email and delete the message. Thank you. i 1 1 2 � Page 1 of 1 Jacober, Brenda " From: City Council Sent: Friday, July 09,2004 10.48 AM To: Clark, Tim, Peterson, Julie; White, Bruce, Jacober, Brenda, Harmon, Ron, Raplee, Debbie, Ranniger, Deborah, Thomas, Les Subject: FW. Motorized scooter ordinance From: Vweros@aol com[SMTP•VWEROS@AOL COM] Sent: Friday,July 09, 2004 10:47 40 AM To: CityCouncd@a kent wa us Subject: Motorized scooter ordinance Auto forwarded by a Rule i Dear City Council, jI am writing to encourage you to make the Kent ordinance the best in the state Make it so riders must be 16 or older (City of Auburn)Younger kids are not safe and responsible Make a helmet mandatory (City of Issaquah & Auburn) Mufflers should also be a requirement And please, write the ordinace to allow private communities, which have private roads not maintained by the city, to ban them by house rules and by-laws if we so choose And allow the police to enforce the ban if it is violated. Respectfully, Michael Weros 253-631-5387 i i I i 7/9/2004 Page i of 2 Jacober, Brenda From- City Council Sent: Tuesday, July 13, 2004 10 55 AM To: Clark, Tim; Peterson, Julie, White, Bruce, Jacober, Brenda, Harmon, Ron; Raplee, Debbie, Ranniger, Deborah, Thomas, Les Subject: FW Motorized scooter ordinance From: Harmon, Ron Sent- Tuesday, July 13, 2004 10 54 57 AM To: City Council Cc: Crawford, Ed Subject: RE Motorized scooter ordinance Auto forwarded by a Rule Mike, the DDFT has sent this issue forward to Chief Crawford's desk which I know he is working on this and the license review process. I will speak to the Chief regarding this issue. -----Original Message----- From: City Council Sent: Friday, July 09, 2004 10:48 AM To: Clark, Tim; Peterson, Julie; White, Bruce; Jacober, Brenda; Harmon, Ron; Raplee, Debbie; Ranniger, Deborah; Thomas, Les Subject: FW: Motorized scooter ordinance From: Vweros@aol com[SMTP.VWEROS@AOL COM) Sent: Friday, July 09, 2004 10 47 40 AM To: CityCouncil@ci kent wa us Subject: Motorized scooter ordinance Auto forwarded by a Rule Dear City Council, I am writing to encourage you to make the Kent ordinance the best in the state Make it so riders must be 16 or older (City of Auburn) Younger kids are not safe and responsible Make a helmet mandatory (City of Issaquah &Auburn) Mufflers should also be a requirement And please,write the ordinace to allow private communities, which have private roads not maintained by the city, to ban them by house rules and by-laws if we so choose. And allow the police to enforce the ban if it is violated. Respectfully, Michael Weros 8/27/2004 Page 2 of 2 253-631-53117 i i I 3 f 1 1 1 8/27/2004 Message Page 1 of 2 FAXED JD Jacober, Brenda From: City Council Sent: Monday, July 19, 2004 2 12 PM To: Clark, Tim, Peterson, Julie;White, Bruce, Jacober, Brenda, Harmon, Ron, Raplee, Debbie, Ranniger, Deborah, Thomas, Les Subject: FW Gas scooters From: Banister, Jan ' Sent: Monday,July 19, 2004 2:12 20 PM To: 'Seattle Bertsch' Cc: White, Jim; City Council, Pulliam,Julie Subject: RE Gas scooters Auto forwarded by a Rule It is nice to learn you are working toward the Citizenship in Community Merit Badge for Boy Scouts Scouting is a wonderful organization for young people. Concerning motor scooters, I think there are other Kent residents who would agree with your assessment. We have had several complaints from unhappy people who feel as you do. As a matter of fact, the issue of motor scooters was discussed at the City Council Public Safety Committee meeting on July 15th. They are currently considering an ordinance to control the scooters but there are so many issues involved, Council Members were unable to address all of them and will consider it once again at their meeting on August 19th. That meeting is held here at City Hall Council Chambers at 5:00 P.M. You are welcome to attend. In fact, there will be an opportunity to share your thoughts about the vehicles with Council Members. Many cities have already passed ordinances to control the use of the small vehicles. Since it is such an important safety issue, you may be assured that our City Council Members will give it serious consideration. Jan Banister Executive Assistant Mayor's Office ----Original Message----- From: Seattle Bertsch [mailto:seabertsch@prodigy.net] Sent: Friday, July 16, 2004 7:59 PM To: mayor@ci.kent.wa.us Subject: Gas scooters Dear Mr. White, I am writing on an issue that I chose to fulfill a requirement for the Citizenship in the Community Merit Badge for Boy Scouts. My issue is motorized scooters. They annoy me so much. They are noisy, dirty, dangerous and a waste of gas. There are many people in my neighborhood who agree with me, and we all want them banned. I think that the electric ones are fine,though,because they are quiet and don't pollute as much. I hope that something can be done 7/19/2004 Message Page 2 of 2 about this issue. If you want to reply,my email address is SeaBertsch@prodigy.net. Thank you! From, Conner Bertsch i I I I i i i 7/19/2004 Jacober, Brenda From: City Council Sent: Monday, July 19, 2004 6:57 PM To: Clark, Tim, Peterson, Julie; White, Bruce,Jacober, Brenda; Harmon, Ron, Raplee, Debbie, Ranmger, Deborah;Thomas, Les Subject: FW: for Councdmembers• Proposed Motorized Scooter Ordinance > >---------- >From: David Levinger[SMTP:DAVID@FEETFIRST.INFO] >Sent: Monday, July 19, 2004 6:56:15 PM >To: CityCouncil@ci .kent.wa.us >Sub3ect: for councilmembers: Proposed Motorized scooter ordinance >Auto forwarded by a Rule Dear councilmembers, Feet First is the area's pedestrian advocacy organization, we have recently conducted a review of regional and national initiatives to regulated motorized foot scooters. our research informs a position on the type of legislation that should be enacted if these devices are to be regulated at the local level . we recommend that you visit a scooter store prior to approving legislation. we have read the warning labels on these devices and talked with store managers and sales people who convince us that these are toys and not transportation equipment. Our recommendation is that you consider a full ban on the motorized foot scooters in public right-of-way (streets and sidewalks) . we would be happy to discuss the issue with you in greater detail , or we could supply a lengthier letter with our more detailed analysis. Sincerely, David Levinger, Executive Director David Levinger, PE, PhD President & Executive Director Feet First - Puget Sound Pedestrian Advocacy http://www.feetfirst. info Post: Po Box 1285, Seattle, wA 98111 office: 1402 Third Ave, Ste 1121, Seattle WA, 98101 Tel . : 206.652.2310 (office) 206.390.8118 (mobile) Email : david@feetfirst.info 1 Page 1 of 1 FAXED 10 I1C a -t Jacober, Brenda From: City Council Sent: Saturday,July 31, 2004 4.36 PM To: Clark, Tim, Peterson, Julie; White, Bruce; Jacober, Brenda; Harmon, Ron, Raplee, Debbie, Ranmger, Deborah; Thomas, Les Subject: FW Scooters in Kent iFrom: excongo@comcast.net[SMTP:EXCONGO@COMCAST.NET] Sent: Saturday, July 31, 2004 4*35.46 PM To: citycouncil@cf kent wa us Subject: Scooters in Kent Auto forwarded by a Rule I saw the July 15th Safety Committee meeting on KentTV I liked that Debbie Raplee held firm to 13 against councilman Thomas who wanted 16 as a minimum age to ride a scooter Dangerous operators should be dealt with no matter what their age, but let the kids be kids Cars are the risk to public saftey in Kent, not scooters We should do more to get the reckless drivers off our streets and do less to interfere with kids having fun. Jeremy Conger 1 1009 Crest Place Parent I I t 1 I I 8J2J2004 Page 1 of 1 Jacober, Brenda fAAfo 10 From: City Council Sent: Tuesday, August 24, 2004 11.37 AM To: Clark,Tim, Peterson, Julie;White, Bruce; Jacober, Brenda, Harmon, Ron; Raplee, Debbie, Ranniger, Deborah, Thomas, Les Subject: FW. Proposed Motorized Scooter Ordinance From: RONALD E MEIER[SMTP MEIER32@MSN.COM) Sent: Tuesday,August 24, 2004 11.36:57 AM To: CityCouncil@ci kent wa.us Cc: meier32@msn com Subject: Proposed Motorized Scooter Ordinance Auto forwarded by a Rule We definitely support adoption of the proposed scooter ordinance. We live in the new Kingsley Glen Development on SE 278th Street. It is not even fully occupied yet, but we are already disturbed by the noise generated by youngsters operating scooters up and down the only street in the development --- SE 278th. We believe the scooters should only be operated by those age sixteen and up; operators should be required to wear a helmet; and that operators not be allowed to carry passengers or tow/pull others. Thank you for your consideration, and please make this note a matter of public record. Ron and Donna Meier 14107 SE 278th St. Kent98042 (253)631-3010 r r t r 8/24/2004 r Jacober, Brenda From: City Council Sent: Tuesday, August 24, 2004 8.04 PM To: Clark, Tim, Peterson,Julie; White, Bruce, Jacober, Brenda, Harmon, Ron, Raplee, Debbie, Ranniger, Deborah;Thomas, Les Subject: FW Motorized Scooters > >---------- >From: Diane[SMTP:HEYBABE@GTE.NET] >Sent: Tuesday, August 24, 2004 8:03:57 PM >To: citycouncil@ci .kent.wa.us >Subject: Motorized Scooters >Auto forwarded by a Rule I have heard there will be a vote on Sept 7 to approve the riding of motorized scooters on the Green River Trail . I live in the Bridggewater Iv condominiums and have called the complain about these scooters - they come by after dark and are a hazard and noise nuisance and should not be allowed on the trail . There are young children learning to ride bikes, walkers, people with dogs and it is a nice QUIET place for people to enjoy. Roads are for motorized vehicles - trails are for people! ! I have called a council member and will continue to make calls regarding this sub]'ect. This would adversely affect the value of my property as I am in a unit that back the trail . Diane DeMeerleer 253-520-5515 t z r 1 Jacober, Brenda From: City Council Sent: Wednesday,August 25, 2004 8:t 4 AM To: Clark, Tim, Peterson,Julie, White, Bruce; Jacober, Brenda; Harmon, Ron, Raplee, Debbie, Ranniger, Deborah; Thomas, Les Subject: FW:Via the web: Motorized Scooters > >---------- >From: christinemarshall@comcast.net[SMTP:CHRISTINEMARSHALL@COMCAST.NET] , >Sent: Wednesday, August 25, 2004 8:12:15 AM >To: citycouncil@ci .kent.wa.us >subject: via the web: Motorized Scooters >Auto forwarded by a Rule Time sent: 8/25/04 8:12:15 AM it has been brought to our attention that there will be voting allowing motorized scooters and bikes along the Green River Trail in Kent. we are very opposed to such a ruling. we DO NOT want motorized scooters and bikes on the same path that walkers and bicylists are using. The danger is too high for the pedestrians and the noise level is tremendous. we live right along the trail and have heard first hand the noise that accomanies these devices. Please vote NO to any and all motorized scooters and bikes on the trail . (not including wheelchair devices of course) Robert & Christine Marshall i 23315 51st Ave S. Kent, wa Response Requested: Yes Name: Christine Marshall Address: 23315 51st Ave south City: Kent State: WA zip: 98032 Phone: Email : christinemarshall@comcast.net 1 raga i vi 1 4v Na/ Jacober, Brenda From: City Council Sent: Wednesday,August 25, 2004 6:59 PM To: Clark, Tim, Peterson, Julie,White, Bruce; Jacober, Brenda; Harmon, Ron; Raplee, Debbie; Ranniger, Deborah, Thomas, Les Subject: FW: MOTORIZED & ELECTRIC SCOOTERS From: Christine Marshall[SMTP.CHRISTINEMARSHALL@COMCAST.NET] Sent: Wednesday, August 25, 2004 6.59:06 PM To: citycouncil@ci kent wa us Subject: MOTORIZED & ELECTRIC SCOOTERS Auto forwarded by a Rule In our inquiries regarding electric scooters being allowed on the Green River Trail, we are still not convinced even the electric onces should be allowed We are told they are much quieter of course, but in our limited research some of the ones available look exactly like a Moped motorcycle and have speeds up to 24mph Our concerns are still the same Can someone tell us if any of these bikes are faster than a bicylist? Also, if electric scooters, along with the gas scooters are banned from the trail, will this lead to retaliation from groups saying then if that is the case then electric mobility scooters are to be banned also? Robert& Christine Marshall Marina Point Kent, Wa I 1 1 8/26/2004 Page 1 of 2 FAXED TO CoUNCI Jacober, Brenda From: City Council Sent: Wednesday, August 25, 2004 8:16 AM To: Clark, Tim, Peterson, Julie, White, Bruce, Jacober, Brenda; Harmon, Ron, Raplee, Debbie; Ranniger, Deborah, Thomas, Les Subject: FW: Motorized wheeled transportation devvices on Green River Trail i From: JCoupe@wecocbc com[SMTP:JCOUPE@WECOCBC COM] , Sent: Wednesday, August 25, 2004 8.15.24 AM To: citycouncil@ci kent wa us Subject: Motorized wheeled transportation devvices on Green River Trail Auto forwarded by a Rule Tim Clark Ron Harmon Julie Peterson Deborah Ranninger Debee Rapley Les Thomas ' Bruce White I have been told that the Council is consideration an ordinance to allow motorized wheeled transportation devices on the Green River Trail I am a home owner in the Manna Point area and live along the trail A number of times in the last three months young people have ridden gas powered scooters on the trail The experience is not pleasant as these scooters are very loud and the engines burn a combination gas and oil fuel, leaving a very unpleasant odor in the area As a cyclist who understands 15 miles an hour, 1 can attest that these scooters were traveling in excess of 15 mph When I observe a high use of the trail by families with youngsters on small bikes, tricycles and in strollers, safety concerns rise rapidly to the top of a list of concerns The trail has always been intended to be a mixed use pedestrian, cycling and rollerblading venue The city has an extensive network of roads for motorized vehicles Please do not pass an ordinance to allow motorized vehicles on the Green River trail. It is a dangerous mix of use. Experience has shown that most scooters will be used by teenagers and young adults There is enough anecdotal evidence to confidently state that a 15 mph speed limit would be ignored Our police are too busy already to have resources to adequately patrol the trails In addition there is an environmental concern as well I mentioned above the noise and exhaust fume concerns Along the Green River trail I have personally observed coyotes, muskrats, beavers, Great Blue Herons, and many species of birds including Mallards and Canada Geese As we try to balance increased housing, businesses and other necessary development in our community, are you ready to endanger our existing wildlife to allow a small per centage of the population to use unnecessary vehicles on a mixed use recreation trail? One valid exception should be electric/batterypowered transportation devices for individuals with disabilities t I hope that you make the right decision and do not pass an ordinance to allow motorized transportation vehicles on the Green River Trail 8/25/2004 Page 2 of 2 Thank you Jerry F. Coupe 5019 South 233ro Place 1 Kent, Wa 98032 253-852-6784 1 1 1 1 t I I f i I 1 8/25/2004 Jacober, Brenda From: Gty Council r Sent: Thursday, August 26, 2004 6.06 AM To: Clark, Tim, Peterson, Julie; White, Bruce; Jacober, Brenda; Harmon, Ron, Raplee, Debbie, Ranniger,Deborah; Thomas, Les Subject: FW. CHANGES TO USE OF GREEN RIVER TRAIL From: Pat Walsh[SMTP PWALSH@SEAPACSALES.COM] ' Sent: Thursday,August 26, 2004 6.06*06 AM To: CityCouncil@ci kent wa us Cc: Marilyn B. Martin Subject: CHANGES TO USE OF GREEN RIVER TRAIL Auto forwarded by a Rule I I understand that at your meeting on September 7t', you plan to discuss allowing gas and electric motorized scooters and bikes to use the Green River Trail FOR THE RECORD,THAT IS A TERRIBLE AND DANGEROUS IDEA"" I AM ABSOLUTELY OPPOSED TO ANY CHANGES TO THE USE OF THE TRAIL, EXCEPT MAYBE TO BAN BICYCLES' ' I walk that trail every day, sometimes twice a day I spend between 50 minutes and an hour and a half Sometimes very early in the morning, most times mid-afternoon Bicycles make that trail so dangerous that I've , begun to walk right down the center of the path, in an attempt to force bicycle riders to announce themselves when they approach from behind It hasn't helped much they go by frequently at 20-30 MPH, and are always such a surprise approaching from behind that it's extremely dangerous And there's no one insight to enforce a speed limit. ADDING MOTORIZED VEHICLES TO THE PATH WILL ONLY INCREASE THE PROBLEM ONE HUNDRED FOLD! Good heavensi Skateboards have been properly prohibited . . why would you even consider motorized vehicles! I'll be watching this one closely' . 1 t 1 1 8/26/2004 Message Page 1 of 2 Jacober, Brenda From: City Council Sent: Thursday, August 26, 2004 11 55 AM To: Clark, Tim, Peterson, Julie, White, Bruce, Jacober, Brenda, Harmon, Ron; Raplee, Debbie, Ranniger, Deborah, Thomas, Les jSubject: FW Motorized wheeled transportation on Green River Trail j ' From: Clark, Tim Sent: Thursday, August 26, 2004 11 54.50 AM To: City Council Subject: RE Motorized wheeled transportation on Green River Trail Auto forwarded by a Rule Dear Mr. Ghnecchi Thanks for your impute on the motorized scooter issue. We are continuing to work on a fair solution which meets the needs of our community. Noise along park trails are a consideration we are looking at. Tim Clark -----Original Message----- From: City Council Sent: Thursday, August 26, 2004 11:20 AM ' To: Clark, Tim; Peterson, Julie; White, Bruce; Jacober, Brenda; Harmon, Ron; Raplee, Debbie; Ranniger, Deborah; Thomas, Les Subject: FW: Motorized wheeled transportation on Green River Trail ---------- From. gncc9B032@aol com[SMTP.GNCC98032@AOL COM] Sent: Thursday, August 26, 2004 11 19 18 AM To: citycouncil@a kent wa us Subject. Motorized wheeled transportation on Green River Trail 1 Auto forwarded by a Rule Council Members Safety for all should be considered This ordinance is to find a safe place for youngsters to ride these new I motor carts and powered bikes) The Green River Trail is just a few yards from my home,where I see the same people of all ages walking daily Some are alone, or in wheel chairs with their pets and some are elderly with their dogs showing them the lead' Just a pleasant stroll for all Not to be, if this ordinance passes These individuals are troubled with bike racers as !t is now! Green River Trail is getting more popular with people walking and fogging Making room for motor scooters, etc., that will travel in different speeds would surely make for some mishaps for themselves and others. These vehicles shouldn't be on 8/26/2004 Message Page 2 of 2 the Trail I walk the Green River Trail often, and I am looking out for whatever is ahead or behind me. I have had a few close calls with bikes I don't cherish the thought of a youngster on a motor vehicle ramming into me. Their driving skills are not the best or they would have a motor vehicle license before AGE SIXTEEN Noise is a nuisance in our world Ski jets on lakes are disturbing those that don't ride them. The same for motorcycles, hot-rods,jets; road noise, etc Please don't allow any new nuisance in our neighborhood (Manna Pointe and The Lakes Area) I can just see a youngster going back and forth endlessly on the Green River Trail until you are nuts' This will happen if this ordinance passes Our tax money to build the Green River Trail was not originally noted for motorized vehicles. Joseph Gnecchi 5009 S 233rd Place Kent, WA 98032 (Manna Pointe at The Lakes) Telephone 253 813 2956 Email gncc98032@aol com t 1 1 8/26/2004 Page 1 of 1 IJacober, Brenda From: City Council Sent: Thursday,August 26, 2004 11 20 AM To: Clark, Tim, Peterson, Julie, White, Bruce, Jacober, Brenda; Harmon, Ron, Raplee, Debbie, Ranniger, Deborah, Thomas, Les Subject: FW. Motorized wheeled transportation on Green River Trail ' From: gncc98032@aol com[SMTP GNCC98032@AOL COM] Sent: Thursday, August 26, 2004 11 19 18 AM To: citycouncil@ci kent wa us Subject: Motorized wheeled transportation on Green River Trail Auto forwarded by a Rule Council Members Safety for all should be considered This ordinance is to find a safe place for youngsters to ride these new motor carts and powered bikes' The Green River Trail is just a few yards from my home, where I see the same people of all ages walking daily Some are alone, or in wheelchairs with their pets and some are elderly with their dogs showing them the lead' Just a pleasant stroll for all Not to be, if this ordinance passes These individuals are troubled with bike racers as it is now' Green River Trail is getting more popular with people walking and togging. ' Making room for motor scooters, etc , that will travel in different speeds would surely make for some mishaps for themselves and others These vehicles shouldn't be on the Trail I walk the Green River Trail often, and I am looking out for whatever is ahead or behind me. I have had a few close calls with bikes I don't cherish the thought of a youngster on a motor vehicle ramming into me. Their driving skills are not the best or they would have a motor vehicle license before AGE SIXTEEN Noise is a nuisance in our world Ski jets on lakes are disturbing those that don't ride them The same for I motorcycles, hot-rods,jets, road noise, etc Please don't allow any new nuisance in our neighborhood (Manna Pointe and The Lakes Area) I can just see a youngster going back and forth endlessly on the Green River Trail until you are nuts! This will happen if this ordinance passes Our tax money to build the Green River Trail was not originally noted for motorized vehicles Joseph Gnecchi 5009 S 233rd Place Kent, WA 98032 (Manna Pointe at The Lakes) Telephone- 253 813 2956 Email gncc98032@aol com 8/26/2004 Page 1 of 1 Cc•�K FAXED TO t4NK4i Jacober, Brenda From: City Council Sent: Friday,August 27, 2004 4 31 PM ! To. Clark, Tim, Peterson, Julie, White, Bruce, Jacober, Brenda, Harmon, Ron, Raplee, Debbie, Ranniger, Deborah, Thomas, Les Subject: FW Green River Trail I From: Pat McCullough[SMTP MCCFAM2@COMCAST NET] ! Sent: Friday, August 27, 2004 4 31 10 PM To: CityCouncil@ci kent wa us Subject: Green River Trail Auto forwarded by a Rule Allowing motorized vehicles on the Green River trail? Awesome) Does this include go carts, dirt bikes, and 4- wheelers? Great ideal Just one thing, you have been unable to enforce a bicycle helmet law, so, you may what to hire more paramedics, your going to need them t t t t I 1 8/27/2004 FAXED 10 Cj N$4 Jacober, Brenda From: City Council Sent: Friday, August 27, 2004 1 48 PM To: Clark, Tim, Peterson, Julie,White, Bruce, Jacober, Brenda, Harmon, Ron, Raplee, Debbie, Ranniger, Deborah, Thomas, Les Subject: FW motorized wheeled transportation devices i > >---------- >From: Un�oo vanderwouden[SMTP:UNJOO.VANDERWOUDEN@SOUNDCB.COM] >Sent: Friday, August 27, 2004 1:36:45 PM >To: citycouncil@ci .kent.wa.us >Subject: motorized wheeled transportation devices >Auto forwarded by a Rule To: City of Kent Council Members: Please take a moment to read my stories. I have moved from Federal way to Kent not long ago. My back yard is about 7 yards from Green River Trail and I see many walkers on this trail . Elderly people, people on wheel chairs, people with dogs, young families with strollers and many healthy bikers . I admired park system in Kent and City Council Members for providing this trail for citizens of Kent for their quality of life. i my self uses this trail for daily walk for my life long physical therapy ( i have Rheumatoid Arthritis) . Now I understand that Council Members are trying to pass ordinance that allows "motorized wheeled transportation devices" on this Trail . This means Green River Trail will be Hazardous place to walk, jog and stroll . Since I live right off from trail and am very concerned about noise level these motorized devices will bring. I don't think any of the Council Members will enjoy the Noise. Please consider not passing this ordinance for many people who enjoy existence of Green River Trail for their better part of daily life and avoid a traffic accidents and late night youngsters gathering. i Sincerely, Unjoo Vander wouden Scanned on 27 Aug 2004 20:47: 59 Scanning by http://erado.com ' 1 Rumor of change to allow gas & electric scooters on Green River Trail Page 1 of 2 fAXfq TO Jacober, Brenda 4444elt, From: City Council Sent: Saturday, August 28, 2004 8 56 PM , To: Clark, Tim, Peterson, Julie, White, Bruce; Jacober, Brenda, Harmon, Ron, Raplee, Debbie, Ranniger, Deborah, Thomas, Les Subject: FW Rumor of change to allow gas & electric scooters on Green River Trail From Kelly Dezotell[SMTP KELDEZ@HOTMAIL COM] t Sent: Saturday, August 28, 2004 8 31 00 PM To: citycouncil@ci kent wa us Subject: Rumor of change to allow gas &electric scooters on Green River Trail Auto forwarded by a Rule Dear Council r We have heard that the council is considering a change of ordinance to allow gas or electric powered scooters to ■ run on the Green River Trail This may in fact be a rumor, and if it is we apologize for taking your time On the possibility it is true, we feel compelled to comment , My wife Mary and I live in The Lakes, a stone's throw from the Green River Trail We lust walked along it tonight, near sunset, and happened to be lucky enough to see four small rabbits, quietly eating grass near the blackberry , bushes that grow beside the trail We know that, if we had been on gas-powered scooters, the rabbits would have run from our noise long before we ever saw them If we had been walking along, and someone else on a gas scooter had passed by on the trail near that time, we would never have seen the bunnies There are many people who use the trail to walk their dogs, and gas scooters especially would frighten or annoy the dogs incredibly Even electric scooters, while not having the same noise level that the gas scooters do, would frighten dogs with their speed, or pose a risk of running into or over dogs trying to chase them Tonight we saw two women walking with two children who must have been under three years old Scooters could easily cause serious injury if one of the children wandered into a scooters path At a time when we need to encourage exercise, we need to keep a place for exercise This past weekend, our afternoon was disrupted by a man on a gas scooter who drove up and down the street by , our house He seemed to stay within the bicycle path, so it may have been legal for him to do what he was doing, we don't know But the noise level from his scooter was considerably louder than the noise we can hear coming from the 747s taking off at Sea-Tac While this noise might be acceptable on our roads, we would hate for it to happen on a peaceful trail Please don't ever allow the peace on our trails to be broken by this horrid racket Thank you for your attention to this matter Mr Kelly Dezotell 23909 56th Ct S Unit F101 Kent, WA 98032 keldez@hotmail com 253 520-1237 8/30/2004 Rumor of change to allow gas & electric scooters on Green River Trail Page 2 of 2 Outgoing mad is certified Virus Free Checked by AVG anti-virus system (htta/lwww gnsoft com) Version- 6 0 742 l Virus Database 495- Release Date 8/19/2004 i 8/30/2004 FAAED iP0age 1 of 2 Jacober, Brenda From: City Council Sent: Sunday, August 29, 2004 10 56 PM To: Clark, Tim, Peterson, Julie, White, Bruce, Jacober, Brenda; Harmon, Ron; Raplee, Debbie, Ranniger, Deborah, Thomas, Les Subject: FW Motorized Scooters on the Green River Trail t From: Tonya Smith[SMTP TJGSMITH@YAHOO.COM] ' Sent: Sunday, August 29, 2004 10 55 53 PM To: citycouncd@ci kent wa us Subject: Motorized Scooters on the Green River Trail Auto forwarded by a Rule Dear City Council, My name is Tonya Smith and I live at 5509 S 236th PL Kent WA 98032, at the Lakes. Everyday my dog, nephews, and I walk the Green River Trail. I don't have any issue with motorized scooters on the path. Like everything else it seems, change and new things scare , people. Maybe a speed limit or safety law, such as wearing a helmet, will be appropriate. We shouldn't oppose something just because It might be a safety hazard. The bike groups go by ' us pretty fast - and we survive all right. I am sure the scooters and those little motorcycles will be fine. If someone causes a problem or accident then that should be dealt with case by case. Everyone else shouldn't be punished for one person's negligence or what simply is an , accident. Please let all those apposed to this know that I believe we should "live and let live", and not get hysterical. Modern technology is not bad. We adjusted to cars over horses, and planes and trains just fine. I am sure motorized scooters will be fine also. Thank you, Tonya Smith 253-859-1207 Have a happy day! Thanks for letting me be your travel agent Tonya Smith 253-859-1207 888-458-0653 I www.Qroovvtravels.com i 8/30/2004 Page 2 of 2 Do you YahooR Yahoo' Mail Address AutoComplete - You start. We finish. 1 8/30/2004 Page 1 of 1 FAXED 10 Jacober, Brenda From: City Council Sent: Sunday, August 29, 2004 2:12 PM , To: Clark, Tim, Peterson, Julie; White, Bruce; Jacober, Brenda; Harmon, Ron, Raplee, Debbie, Ranniger, Deborah; Thomas, Les Subject: FW Proposed scooter ordinance From: Anthony Fosmire[SMTP AJF2@EARTHLINK NET] , Sent: Sunday, August 29, 2004 2 11 35 PM To: citycouncil@ci kent wa us Subject: Proposed scooter ordinance , Auto forwarded by a Rule Dear Council Members , Hello, my name is Tony Fosmire and I live in the Lakes area of Kent, right along the Green River trail I would like to weigh in on the proposed ordinance concerning gas and electric scooters, specifically the issue of where these , vehicles would be allowed to operate As you might imagine, I am adamantly opposed to allowing them on paved trails Here's why , As I understand it, from viewing the Aug 19 Public Safety Committee meeting on Kent TV, the argument is that by allowing scooters on paved trails, we adopt a forward-looking transportation strategy for our increasingly urbanized city However, this ignores the reality that the current usage of these vehicles is essentially , recreational in nature As evidence, I can only offer what I have seen firsthand On occasion, I do in fact see kids going up and down the trail on scooters When the same scooter goes by every 10 minutes for an hour (quite loudly, I might add), it becomes apparent the rider is not commuting to his babysitting job The rider succeeds not in getting to work, but in irritating every homeowner along the trail As I'm sure you know, there are many homes situated quite close to the trail For those who insist that the scooters are used for"traditional"commuting purposes, I would think that allowing them on certain streets and sidewalks, as per the current proposal, would be more than sufficient to get them wherever they want to go Allowing them on the trail for the same purpose is tantamount to creating anew street 20 yards from my back porch I urge you to reconsider your inclusion of paved trails to the list of allowable areas for these loud and intrusive vehicles to operate Thank you for your time Tony Fosmire 5411 S 237 PI Kent, WA 98032 aif2Ca@earthlink net 8/30/2004 Jacober, Brenda From: City Council Sent: Monday, August 30, 2004 8 56 PM To: Clark,Tim, Peterson, Julie;White, Bruce, Jacober, Brenda, Harmon, Ron, Raplee, Debbie, Ranniger, Deborah,Thomas, Les Subject: FW Ordinance to allow motorized wheeled transportation devices on Green River Trail > >---------- >From: Pat Troyer[SMTP:PATRICIATROYER@MSN.COM] >Sent: Monday, August 30, 2004 8:55:30 PM >To: citycouncil@ci .Kent.wa.us >Sub 'ect: Ordinance to allow motorized wheeled transportation devices on Green River Trai >Aut >Auto forwarded by a Rule Dear Tim Clark, Ron Harmon, Julie Peterson, Deborah Ranninger, Debee Rapley, Les Thomas, Bruce white and Mayor Jim white; Please think of the Quality Of Life for those of us who live along the Green River Trail when considering this ordinance on September 7 as well as the tremendous safety hazard it would pose for all of us who use the Green River Trail in Kent. I am proposing to leave the trail as it was intended, which is a meandering path that quietly follows the curvies of the river with views of wildlife and plants. Many people live very close to the trail for this very reason and to shatter this solitude would be demeaning to the quality of life many of us have chosen. we have also chosen you on the city council to represent us. Please hear us now, because if you allow motorized transportation, you won't be able to hear a person with whom you might walk on the Green River Trail and it might just be to warn you to LOOK OUT! Please keep the Green River Trail as it is with it's current use for those of us who live near and use the trail . Thank you. Patricia Troyer i i i 1 1 FAXED P�eIwwof''.._1_ •• Jacober, Brenda From: City Council Sent: Monday,August 30, 2004 4 49 PM To: Clark, Tim, Peterson, Julie, White, Bruce, Jacober, Brenda, Harmon, Ron, Raplee, Debbie, Ranniger, Deborah, Thomas, Les Subject: FW NO to motorized vehicles on Green Rlver Trail From: ROBERT SCHUTZNER[SMTP DABEARS3451@MSN.COM] , Sent: Monday, August 30, 2004 4 46 34 PM To- citycouncil@a kent wa us Subject: NO to motorized vehicles on Green River Trail Auto forwarded by a Rule I received the following from our local homeowners association, I hope that it is not true but if it is, I want to voice my strongest possible opposition. On September 7th, the City of Kent is going to pass an ordinance, which includes "motorized wheeled transportation , devices" like gas/electric scooters, and bikes that would allow them on the Green River Trail. ' this would create a tremendous safety hazard to walkers, joggers, people walking their dogs, and children riding bicycles along the trail. There is also the noise , pollution issue for homes that face the trail. I can't think of a worse idea than to allow this to , happen. Please vote against this silly, dangerous idea! ! ! ! Thank you, Bob Schutzner 5519 S 236th PI 1 8/31/2004 Page 1 of 1 FAXED TD Jacober, Brenda i From: City Council iSent: Monday, August 30, 2004 3 25 PM To: Clark, Tim, Peterson, Julie, White, Bruce; Jacober, Brenda, Harmon, Ron; Raplee, Debbie, Ranmger, Deborah,Thomas, Les Subject: FW Green River Trail - Motorized Vehicle Ordinance From: gncc98032@aol com[SMTP GNCC98032@AOL COM] Sent: Monday, August 30, 2004 3 24 23 PM ' To: citycouncil@ci kent wa us Subject Green River Trail - Motorized Vehicle Ordinance Auto forwarded by a Rule Council Members I wrote earlier saying there has been a few motor scooters since 1 OOPM today on the Green River Trail Noise is unacceptable and this was only 1 to 2 persons Strange how all of a sudden these scooters are appearing - where did they hear they could use this trail for motorized use? I ask you out of courtesy that if the vote has already been detemined, please let us know, so we don't waste our i time and your time at the September 7th meeting Also, I ask that you all will remember who you are working for Is it the Mayor or is it the people of Kent? I am aware that this ordinance was proposed by the Mayor I wonder how he would like to sit on his patio and feel like ihe's in the middle of the freeway Also, I am insulted when one of the council members say this could be the only way someone may be able to get to work Please don't insult us with these type of excuses Thank you and forgive my anger- can't help it Bonnie Gnecchi (Manna Pointe at The Lakes) 5009 S 233rd Place Kent, WA 98032 ' Tele 253 813 2956 i i 8/30/2004 Page 1 of 1 tAxfU tU Jacober, Brenda From: City Council Sent: Monday, August 30, 2004 2 36 PM To: Clark, Tim, Peterson, Julie, White, Bruce, Jacober, Brenda, Harmon, Ron, Raplee, Debbie, Ranniger, Deborah, Thomas, Les Subject: FW Motorized Transportation on Green River Trail From: gncc98032@aol com[SMTP GNCC98032@AOL COM] , Sent: Monday, August 30, 2004 2 35 31 PM To: citycouncil@ci kent wa us ' Subject: Motorized Transportation on Green River Trail Auto forwarded by a Rule S To all Council Members Today, within the past 30 minutes, motorized scooters have been going back and forth in front of my home It sounds like car traffic and I would like to know where these people are getting the knowledge that they can do this Did council already vote on this? , I Irve at Marina Pointe at The Lakes and these devices are in my backyard I am livid at the moment from the noise they are making and if this ordinance is passed, I do hope you would take a moment and think of , yourselves sitting on your patio for some relaxation and feeling you are in the middle of traffic Bonnie Gnecchi 5009 S 233rd Place Kent, WA 98032 Tele 253 813 2956 , 8/30/2004 Jacober, Brenda tFrom: City Council Sent: Tuesday, August 31, 2004 8 29 AM To: Clark, Tim, Peterson, Julie,White, Bruce; Jacober, Brenda, Harmon, Ron, Raplee, Debbie, Ranniger, Deborah, Thomas, Les Subject: FW Motorized vehicles on Green River Trail > >---------- >From. JEANNE@ALLFREIGHTESMTP:JEANNE@ALLFREIGHTINTL.COM] >Sent: Tuesday, August 31, 2004 8:30:01 AM >To: citycouncil@ci .kent.wa.us >Subject: Motorized vehicles on Green River Trail ' >Auto forwarded by a Rule Ladies and Gentlemen: I am asking Me not to allow motorized vehicles on the Green River Trail when you vote tonight. I live adjacent to the trail in Riverplace in the Lakes. My family and i use the trail for recreational walking and biking. The trail would become iless safe for the children if fast vehicles were allowed. AS it is, we have to be vigilant about the bicycles that go swiftly by. But we are happy to share the trail with them because we understand there are only a few trails long enough for a good bike journey. I enjoy a peaceful and quiet community until 228th extension is completed and truck traffic begins to cross the face of the hill . Motorized vehicles on the trail would disturb the peace and create noise that would completely change the suburban atmosphere of the neighborhood. You representatives need to protect the peaceful areas in the community for the residents that you represent. in my opinion, the city streets are for motorized vehicles while the trails are for foot traffic. To mix them would be a danger to the pedestrians and an unnecessary nuisance to the neighborhood. Thank you, Jeanne Berg 23723-51st place so. kent, wa 98032 2S3/520-0744 1 Page 1 of� FaxEu 10 Jacober, Brenda From: City Council Sent: Tuesday, August 31, 2004 9 36 AM , To: Clark, Tim, Peterson, Julie, White, Bruce, Jacober, Brenda, Harmon, Ron, Raplee, Debbie, Ranniger, Deborah, Thomas, Les Subject: FW: City Council Vote -Allowance of Motorized Traffic on Green River Trail From: Deborah Gregor[SMTP DGREGOR@DEERSTAGS.COM] ' Sent: Tuesday, August 31, 2004 9 16 15 AM To: citycounal@ci kent wa us ' Subject: City Council Vote -Allowance of Motorized Traffic on Green River Trail Auto forwarded by a Rule Dear Ladies and Gentlemen of the Council- With respect to your council vote this evening concerning whether or not to allow motorized traffic on the Green River Trail, I urge you to vote "NO" Although I am not a citizen of the City of Kent, I often use the trail for walking and cycling To date, it has been a ' safe and enjoyable resource for all local citizens, providing a lovely, quiet and fume-free environment for all to enjoy The allowance of any type of motorized transport would greatly reduce these qualities and would, in my opinion, result in substantial overall degradation of the safety of the trail Please protect this valuable resource by voting"NO"on this issue You will be voting to keep the trail safe, open and available to those who wish to spend time with their families and improve their health The trail is no place for a� motorized transport The streets are already reserved for this use, and is where they belong Sincerely, Deborah Gregor , 12811 84th Avenue S Seattle, WA 98178 8/31/2004 Page 1 of 2 FAXED T D ' Jacober, Brenda From: City Council Sent: Tuesday, August 31, 2004 11 32 AM To. Clark, Tim, Peterson, Julie, White, Bruce, Jacober, Brenda, Harmon, Ron, Raplee, Debbie, Ranniger, Deborah, Thomas, Les Subject: FW: Motorized vehicles on the Green River Trail ' From: Warren Payne[SMTP WARREN @PAYNESPENCER COM] Sent: Tuesday, August 31, 2004 11 32 09 AM ' To: CityCouncil@a kent wa us Subject: Motorized vehicles on the Green River Trail Auto forwarded by a Rule Dear Kent City Council: I have been informed that you are considering an ordinance at your September 7th meeting to ' legalize motorized wheeled transportation devices on the Green River Trail. I am writing to expressed my extreme opposition to that ordinance. The Green River Trail was created as a safe, quiet trail for pedestrians and bicycles ONLY -- as are all such trails in the Puget Sound region. Never have motorized vehicles been allowed on these trails because of the safety problems they would create. As it is, the Green River Trail is heavily used with congestion becoming a very real issue, especially during summer weekends. A significant portion of the people using the trail are retired and elderly people. There are currently many close calls between them and bicycles; adding motorized vehicles will only aggravate the problem -- and increase the City of Kent's liability for creating a public safety problem. ' In addition, the increase in noise for users of the trail and residents along the trail (of which I am both) will be dramatic. As it is, the Kent police do not enforce the current ban on motorized vehicles on the trail and the noise and safety problems are growing weekly. By opening the door to motorized vehicles, ' 8/31/2004 Page 2 of 2 you'll be driving pedestrians off the trail for good. Motorized vehicles (including scooters) have their own place -- the streets. Pedestrians and ' bicyclists need the trail to provide a safe environment AWAY from the dangers and noise that motorized vehicles present. Please do not destroy an important part of the quality of life in Kent. I strongly urge you to reject the ordinance and keep the Green River Trail safe for the people and uses it was designed for. Thank you, ' Warren Payne ' Warren Payne PAYNESPENCER. LLC ' T 253.653.0522 , F 253.373.9312 warren@paynespencer.com www.paynespencer.com 8/31/2004 ' Page 1 of 2 FAXED TO }{-t�a� ' Jacober, Brenda From: City Council ' Sent: Tuesday, August 31, 2004 3 29 PM To: Clark, Tim, Peterson, Julie, White, Bruce, Jacober, Brenda, Harmon, Ron, Raplee, Debbie, Ranniger, Deborah, Thomas, Les ' Subject: FW "motorized wheeled transportation devices" on Green River Trail ' From: Sanford Kuznetz[SMTP SJKJMK@MSN COM] Sent: Tuesday,August 31, 2004 3 28 21 PM ' To: citycouncil@ci kent wa us Subject: "motorized wheeled transportation devices"on Green River Trail Auto forwarded by a Rule Dear City Council Members, ' As residents of Marina Pointe at The Lakes, bordering the Green River Trail, we vehemently oppose allowing "motorized wheeled transportation devices" such as, gas/electric scooters and bicycles, to use the Green River Trail. Our reasons for opposing these vehicles are: ' 1. SAFETY: The Trail is used regularly by people of varying ages (infants in strollers, toddlers on trikes, older children on bicycles to elderly) with various physical abilities and ' disabilities including wheelchair bound, many of whom could not quickly get out of the way of an irresponsible motorized vehicle user. ' 2. LIABILITY: If a City Ordinance by the City Council is passed, is not the City of Kent liable if there are injuries from accidents involving City-approved motorized vehicles? 3. NOISE: The Trail is a serene and beautiful place to enjoy the flora and fauna of the Green River. Birds (including a nesting pair of Great Blue Heron), river otter, beaver, etc. might move to escape the noise. ' The river affords the residents of Marina Pointe and adjacent residential areas a peaceful, tranquil place to enjoy nature undisturbed by noise from motorized vehicles. Living in an urban area we have few opportunities to enjoy absence of motorized vehicle noise - the Green River Trail is such a place. We appreciate your sincere attention to these arguments concerning the Green River Trail. ' Sandy & Joyce Kuznetz 9/1/2004 Page 2 of 2 i 5022 South 233 Place i Kent, WA 98032 Telephone: 253-813-3659 E-Mail: sikimk@msn.com , i i i 1 1 1 1 i 1 i i 9/1/2004 Page 1 of 1 FAXED T ' Jacober, Brenda From: City Council Sent: Tuesday,August 31, 2004 4 17 PM To: Clark, Tim, Peterson, Julie,White, Bruce, Jacober, Brenda, Harmon, Ron, Raplee, Debbie, Ranniger, Deborah; Thomas, Les ' Subject: FW Motorized Vehicles on Green River Trail From• gncc98032@aol com[SMTP GNCC98032@AOL.COM] Sent: Tuesday, August 31, 2004 4 17 05 PM ' To: citycouncil@a kent wa us Subject: Motorized Vehicles on Green River Trail Auto forwarded by a Rule ' Council Members Today I have been on the telephone and so far have found NO paths, trails, etc in the King County area that will allow motorized devices on their paths and/or trails ' Received emails -one dated July 7 from the Seattle Times - Seattle City Council voting unanimously to prohibit riding motorized scooters and any other motorized devices on paved bike trails, path, and schoolyards ' Thank you for hearing me again Bonnie Gnecchi 5009 S 233rd Place Kent, WA 98032 Tele 253 813 2956 1 1 i 9/1/2004 t IREPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PARKS AND HUMAN SERVICES COMMITTEE G. ADMINISTRATIVE REPORTS V�C ft-0 �D pip aQn possI ble� REPORTS FROM SPECIAL COMMITTEES 1 OPERATIONS COMMITTEE MINUTES JULY 209 2004 Committee Members Present: Acting Chair Julie Peterson, Ron Harmon was present on behalf of Tim Clark who was absent Bruce White was absent, however, concurred on all agenda items The meeting was called to order by Julie Peterson,Acting Chair at 4:00 p.m APPROVAL OF MINUTES DATED JULY 6,2004 ' Ron Harmon moved to approve the minutes of the July 6, 2004, Operation Committee meeting. The motion was seconded by Julie Peterson and passed 3-0 with Bruce White's concurrence. APPROVAL OF VOUCHERS DATED JULY 15,2004 Finance Director Bob Nachlinger presented the vouchers for July 15, 2004, for approval Ron Harmon moved to approve the vouchers dated July 15, 2004. Julie Peterson seconded the motion,which passed 3-0 with Bruce White's concurrence. TEAMSTERS LAUNDRY AND UNIFORM CONTRACT Finance Manager Bob Nachlinger presented the Teamsters Laundry and Uniform Contract. Mr. Nachlinger stated that the City of Kent provides uniforms and laundry services to various employees in the normal scope of their employment The contract under consideration is with the Cintas Corporation in the amount of $246,301.78 for a period of 3 years commencing on the date of execution and is not subject to an increase The Contract may be extended on a month to month basis, for an additional 1-year period Ron Harmon moved to recommend that the Operations Committee approve the Laundry and Uniform Contract with Cintas Corp. and forwarded it to the City Council for consideration. Julie Peterson seconded the motion,which passed 3-0 with Bruce White's concurrence. The meeting was adjourned at 4:05 p.m. Renee Cameron Operations Committee Secretary 1 Parks and Human Services Committee Minutes July 15, 2004 Committee Members Present: Chair Julie Peterson Debbie Raplee Deborah Ranniger 1. _Approval of Minutes of June 17, 2004 Councilmember Raplee moved to approve the minutes of June 17, 2004. Council member Ranniger seconded and the motion passed. 2. Vehicle and Equipment Surplus. The surplus vehicles and equipment from Riverbend Golf Complex comply with current replacement policy guidelines. All of the equipment listed is either non-operational, has ' exhausted the life expectancy, or would cost more to repair than to replace. Some of the older equipment has parts that are no longer available, making them non-repairable. Surplus vehicles and equipment include two (2) 1988 Diahatsu 43RO ' trucks, one 1993 Toro Greensmaster Triplex Mower, one 1988 SDI 100 Gallon Spray Tank and Boom, and one Meter Matic Sod Master. Councilmember Ranniger moved to recommend that Council authorize r staff to dispose of the surplus vehicles and equipment. Councilmember Raplee seconded and the motion passed. ' 3. Second Quarter Fee-In-Lieu Funds - Accept and Amend Budget From April through June 2004, the City of Kent received a total of $63,000.00 from the following developers: Starwood Enterprises LLC, Mike Singh, Fairway Crest LLC, MYC, LLC and Northward Homes These developers voluntarily paid fees in lieu of dedicating park land or open space to mitigate the development of single family homes at Starwood Subdivision, Starmeadow Subdivision, Fairway Crest Subdivision, Ace's Acres Subdivision and Brookside Court Subdivision. City Ordinance 2975 requires developers to construct a park or leave open space in proximity to new construction sites or qualify to pay "fee-in- lieu" funds. The obligation fee-in-lieu is based on appraised value of the land and is concluded during the plan review process. The City has five years from the date of deposit to spend these funds for park or open space acquisition, development, or expansion. Fee-in-lieu of funds are used for projects at a park project closest to the development. 3 especially since parks and recreation has played such a big part in the Ilives of their children. 6. WALK ON: Washington State Department of Community, Trade & I Economic Development (DCTED) Allocation for Clark Lake Park Open Space Acquisition - Accept and Amend Budget. I The Washington State Legislature included a $400,000.00 appropriation (contract amount of$393,000 and $7,000 in administrative fees) appropriation in the 2003-05 State Capital Budget for the Clark Lake Park Project. These funds will be used to acquire two parcels at Clark Lake Park and serves as the matching funds needed for the $300,000.00 King County Conservation 2004 Futures Grant accepted by the City Council on July 6, 2004. Councilmember Raplee moved to accept the Washington State Department of Community, Trade and Economic Development allocation for Clark Lake Park Open Space Acquisition in the amount of ' $393,000.00, authorize the Mayor to sign the agreement and approve expenditure of funds in the Park Land Acquisition budget. Councilmember Ranniger seconded and the motion passed. The meeting adjourned at 4:40 p.m. i i i i T I 1 PUBLIC SAFETY COMMITTEE MEETING MINUTES July 15,2004 COMMITTEE MEMBERS: Debbie Raplee,Les Thomas,Deborah Ranniger,Chair , • The meeting was called to order by Deborah Ranniger at 5-OOPM • Chair Ranniger asked for additions or changes to the agenda. There were none 1. Approval of Minutes of June 17,2004 Les Thomas moved to approve the minutes of the June 17,2004 meeting. The motion was seconded and passed 3-0. 2. Advanced Life Support Services Resolution-ADOPT Fire Chief Jim Schneider and Battalion Chief Paul Wright. Explained the purpose of the resolution. Chief Administrative Officer. Mike Martin,also asked for the Committee's support of the resolution Les Thomas moved to recommend the City Council adopt the proposed resolution ' regarding supporting the position on Advanced Life Support Services and placing this on the Consent Calendar of the August,2004 Council Meeting. The motion was seconded and passed 3-0. 3. Preventable Fire Alarms Ordinance-ADOPT Fire Chief Jim Schneider and Battalion Chief Jon Napier talked about the impact of false alarms and explained that this is an enhancement to an ordinance aheady in place Debbie Raplee moved to recommend the City Council adopt an ordinance to add Chapter 13.03, Preventable Activation of Fire Protection Systems,and placing this on the Consent Calendar of the July 6,2004 Council Meeting. The motion was seconded by Les Thomas and he then amended the motion by referring to Section 13.03.070 Penalties—Fees—Notice of correction. 1.-Preventable Nuisance Alarms,to increase the fines under Le. to$75, Ld.to$100 and Le.to$125, and 2.—Preventable Malfunction Alarms,to decrease the fine under 2.a.to$0,2.b.to $50,2.c.to$75,2.d. to$100 and 2.e. to$125. ' The amended motion was seconded and passed 3-0. 4. Bookina Fees and Costs for Medical Care Provided to Inmates Ordinance-ADOPT Deputy City Attorney Pat Fitzpatrick and Finance Director Bob Nachlinger explained the components of the proposed ordinance and the possible revenue generated from fees collected from inmates Les Thomas moved to recommend the Council adopt the proposed ordinance which amends the Kent City Code to allow the City to collect a booking fee from those inmates booked into the City's Corrections facility and a fee to cover a portion of the costs to provide medical care to inmates and placing this on the Consent Calendar of the August 3,2004 Council Meeting. The motion was seconded and passed 3-0. 5. Regulating Motorized Wheeled Transportation Devices Ordinance-ADOPT Deputy City Attorney Pat Fitzpatrick stated that due to a number of complaints to the City about the motorized devices,the Law Department was asked to form an ordinance to bring before the Committee. He stated that in reviewing ordinances from other agencies, he found that all of the ordinances are different. Mike Martin,Chief Administrative Officer, stated that this ordinance was designed to provide the framework for the Committee and Council to build upon Mike Martin read an email from Sharon Bosteder who wanted to be on the record as stating that she feels that the age of 13 is too young for an operator and that helmets should be a requirement A discussion ensued on the sections of the proposed ordinance Chair Ranniger announced that this was not a public hearing and that no comments would betaken from audience members However, when asked how many were there to speak publicly,only one individual asked to speak Bill Doolittle,412 Washington Avenue North.Kent, spoke as an owner of motorized scooters and remarked that bicycle rules of the road should pertain to scooters and that 1 electne and gas scooters should be looked at differently as related to noise and speed NO ACTION-Chair Ranniger asked the Law Department to make some changes suggested by the Committee members and to work on other ordinance options,and to reintroduce this item at the next Public Safety Committee meeting on August 10 6. Fireworks Update-INFORMATION ONLY ' Chief Ed Crawford reviewed the effects of the Fireworks Resolution on this year's Fourth of July activities and spoke about possible improvements for next year He stated that the noisiest time this year was between I I PM on July 4"'and about 2.30 AM on July 5ih and that more effort would be provided during that time frame next year. Debbie Raplee thanked Police and Fire for doing an excellent Job in a short period of time and noted that the week prior to July 4"'was very quiet this year Debbie Ranniger agreed that overall it was a good first effort The meeting adjourned at 6:11 PN1. 1 Jo Thompson t Public Safety Committee Minutes 2 July 15,2004 iCONTINUED COMMUNICATIONS A. I i 1 i I I I i 1 I I I I I I EXECUTIVE SESSION A. PROPERTY NEGOTIATIONS B. LITIGATION 1 ACTION AFTER EXECUTIVE SESSION