HomeMy WebLinkAbout4305 ORDINANCE NO. 4305
AN ORDINANCE of the City Council of the
City of Kent, Washington, declaring an emergency
and adopting an interim zoning ordinance
amending title 15 of the Kent City Code by adding
definitions of "transit operations and maintenance
facilities" and "transportation and transit facilities
including high capacity transit facilities," by
specifying that transit operations and maintenance
facilities are permitted in the CM-2 District, but not
in the MCR District or the MTC-1 and MTC-2
Districts, setting a date for a public hearing, and
providing that the ordinance will take effect
immediately upon passage.
RECITALS
A. Chapters 36.70A and 35A.63 of the Revised Code of
Washington place primary responsibility for planning for the development
of land within Kent with its legislative body. The Washington Supreme
Court has recognized the Growth Management Act (GMA) as a clear '
example of legislation that creates public policy to be implemented at the
local level, by representatives more attuned to the individual needs, wants,
and characteristics of the cities they serve.
B. The City is committed to meeting its core duty under the
GMA to plan for growth and fashion regulations that ensure the wise use of
land within Kent. To that end, the City has undertaken an expansive
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planning process to shape the future development of the Midway area and
to meet several specific goals of the GMA.
C. On December 13, 2011, in anticipation of the arrival of link
light rail service, the Midway Subarea Plan and corresponding design
guidelines were adopted to encourage urban growth where it is most
appropriate, reduce sprawl, promote a variety of residential densities and
housing types, and to encourage economic growth.
D. In furtherance of the overarching goals of the Midway
Subarea Plan and the Midway Design Guidelines, the City has carefully
crafted zoning regulations in the Midway area to ensure that future
development is consistent with the adopted vision of the Plan, and that the
community will benefit from the City's extensive long-range planning
efforts.
E. The Kent City Council adopted the Midway Subarea Plan as
the result of a collaborative, multi-jurisdictional planning effort taking
place over several years. It was a culmination of extensive community
involvement, substantial expense of time and public resources, and an
expansive environmental review.
F. Community involvement leading up to the Midway Subarea
Plan's adoption included dozens of public meetings over the course of
several years, including stakeholder committees, developer forums, open
house meetings, public workshops, neighborhood meetings, joint advisory
meetings between the leadership of Kent and Des Moines, Land Use and
Planning Board workshops and meetings, City Council workshops and
committee meetings, and public hearings.
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G. Prior to adopting the Midway Subarea Plan, the City
conducted and completed an extensive environmental review of the
proposal under the State Environmental Policy Act (SEPA) over the course
of nearly two years.
H. The overall goal of the Midway Subarea Plan is to: "Create a
dense, pedestrian-friendly, sustainable community that provides jobs,
housing, services and public open space around nodes of high capacity
mass transit while maintaining auto-oriented uses between the transit
oriented nodes." It envisions a well-designed built environment, including
pedestrian friendly streetscapes, multimodal connections, and a variety of
housing types and jobs that support transit use.
I. On December 13, 2011, the City adopted zoning to support
the implementation of the Midway Subarea Plan, including zones such as
the Midway Commercial/Residential Districts and the Midway Transit
Community District that are north of approximately South 245th Street,
and the Commercial Manufacturing-2 District south of South 2451h Street.
J. The Midway Subarea Plan specifically identifies a distinction
between the Midway areas north and south of approximately South 24511
Street. To the north, the intended uses are categorized as Transit-Oriented
Community and include high intensity transit supportive mixed-use with a
residential focus and strong pedestrian orientation, with no single use, big
box, industrial or auto-dependent uses. To the south, the intended uses
are categorized as Highway Commercial Corridor and include a wide range
of community, citywide, or regional commercial and light industrial uses
that are primarily vehicle-dependent.
K. The Midway Commercial/Residential District and Midway
Transit Community Districts prohibit uses such as outdoor storage of
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trucks, heavy equipment, and contractor storage yards. These uses are
inconsistent with and detrimental to the strong pedestrian orientation of
the Midway Commercial/Residential and Midway Transit Community
Districts due to the size and scale, as well as noise impacts. In general,
uses with large footprints are not compatible with pedestrian-oriented
development, as large footprints severely limit pedestrian connectivity and
interest, and result in a greater need for vehicular transportation.
L. On the other hand, the Commercial Manufacturing-2 District
south of South 24511 Street allows uses such as outdoor storage of trucks,
heavy equipment, and contractor storage yards. Uses of this type, size,
and scale fit with the existing and planned scale of the area, are further
removed from the pedestrian-oriented transit station, and are consistent
with vehicle-dependent uses.
M. The City desires to see the Midway Subarea Plan realized to
enhance the Midway area and catalyze appropriate development.
N. The City has not adopted development or zoning regulations
that are specific to transit operation or maintenance facilities. "Transit
stations" and "transit operations and maintenance facilities" serve
drastically different purposes, encompass significantly different
characteristics, and carry substantially different development impacts.
O. Transit operations and maintenance facilities have large scale
footprints, generally in the range of dozens of acres. They operate in the
middle of the night due to the vehicles being available for maintenance
during the hours when there is no transit service. They provide little value
or interest for pedestrians and displace potential pedestrian-oriented land
uses such as store fronts, personal services, and restaurants and
entertainment.
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P. The Midway Commercial/Residential District and Midway
Transit Community 1 and 2 Districts are intended for dense, compact
development including retail, office and residential. A large footprint light
industrial use such as an operations and maintenance facility will be
detrimental to the public interest by making pedestrian-oriented
redevelopment less appealing. The characteristics of transit operations and
maintenance facilities makes them inappropriate in the Midway
Commercial/Residential District and the Midway Transit Community 1 and
2 Districts. These facilities are incompatible with the long established
Midway goals, policies, and development regulations and are incompatible
with the pedestrian orientation of a transit station.
Q. The characteristics of transit operations and maintenance
facilities are, however, appropriate for and are compatible with the
Commercial Manufacturing-2 District south of South 245th Street. Not only
is the Midway Commerical-Manufacturing-2 District appropriate for these
facilities, several sites for operations and maintenance facilities are
available in this zone.
R. If the development of an operations and maintenance facility
is not subject to an ordinance imposing reasonable zoning and permitting
considerations that provide adequate locations for siting the facility, the
development may be located in an area contrary to the Midway Subarea
Plan goals and policies, as well as contrary to the best interests of Kent as
a whole.
S. It is in the best interests of the health, safety, and welfare of
the current and future residents of Kent to enact interim zoning regulations
relating to the siting and development of transit operations and
maintenance facilities. The failure to enact an interim zoning regulation
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may result in the location of a transit operations and maintenance facility
without proper consideration of the impacts to future planned development
and existing plans. Such development will adversely impact future
development and long-range planning performed as part of the Midway
Subarea Plan and will result in significantly decreased realization of the
vision therein.
T. The City has a strong interest in fostering a vibrant and
productive economic environment and a growth management goal to
promote economic opportunity within the City through land use planning.
Without immediate interim zoning controls relating to the City's
acceptance, processing, and approval of development applications related
to operations and maintenance facilities, the City is at substantial risk of
rendering moot years of extensive long-range planning and preparation
and negatively impacting the future viability of the Midway Subarea Plan
as envisioned by the community and its leadership.
U. Based on the above, the City Council concludes that
immediate interim zoning prohibiting transit operations and maintenance
facilities in the Midway Commercial/Residential District and Midway Transit
Community 1 and 2 Districts, but specifically allowing them in the Midway
Commercial Manufacturing-2 District, is required. To protect the public
health, safety, and welfare, it is necessary to establish the interim zoning
in order to prevent the acceptance, processing, and approval of
development applications related to operations and maintenance facilities
within the Midway Commercial/Residential District and the Midway Transit
Community 1 and 2 Districts. Contemporaneously, it is reasonable to
specify in the interim zoning ordinance that operations and maintenance
facilities are permitted in the Midway Commercial Manufacturing-2 District.
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V. Due to the detrimental impacts to the area that will be caused
by siting an operations and maintenance facility in the Midway
Commercial/Residential District and the Midway Transit Community 1 and
2 Districts, the City declares the need for the interim zoning ordinance an
emergency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Preliminar Findings.indings. The recitals set forth above are
hereby adopted as the city council's preliminary findings of fact in support
of the interim zoning controls imposed by this ordinance. The city council
may, in its discretion, adopt additional findings of fact at the conclusion of
the public hearing referenced in this ordinance; provided, if after a public
hearing, no additional findings of fact are adopted, the preliminary findings
of fact shall become the final findings of fact of the city council without
further action.
SECTION 2. - Interim Zoning Imposed. Pursuant to the provisions
of Article XI, Section 11 of the Washington State Constitution, RCW
35A.63.220, and RCW 36.70A.390, an interim zoning ordinance is hereby
adopted and the Kent City Code is amended as set forth in Sections 3, 4,
5, 6, and 7 of this ordinance.
SECTION 3. - Amendment - New 15.02.527.5. Chapter 15.02 of
the Kent City Code, entitled "Definitions" is hereby amended to add a new
section 15.02.527.5, entitled, "Transit operations and maintenance
facilities" as follows:
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Sec. 15.02.527.5. Transit g1jerations and maintenance
facilities. Transit werations and maintenance facilities means facilities
that serve the primary purpose of storing, refueling. odeanina, reDairina,
refurbishing, rehabilitatina, reconstructing, renovating, rebuildina,
improving or otherwise maintaining transit vehicles. Transit operations and
maintenance farilitipc are characterized as being used to qijnnnrt the
function of fixed route or fixed track transit systems, but not serving
passengers directly. Transit operations and maintenance facilities may
include, but not be limited to, buildings or structures, inclqdin office
space, as well as outdoor stgrage space and large areas of track to support
said facilities.
SECTION 4. - Amendment -_New KCC 15.02.528.5. Chapter 15.02
of the Kent City Code, entitled "Definitions" is hereby amended to add a
new section 15.02.528.5, entitled, "Transportation and transit facilities,
including high-capacity transit facilities" as follows:
Sec. 15,02,528.5. Trap-sporta.-tion . . and . transit facilities,
including high-c ity ra nsit facilities. Transportation and, transi..-a..pa-c- .t.-
facifithes, induding high-capacity transit facilities means heavy rail
stations, light rail stations and bus depots that serve the primary purpose
of boarding, allqhting, or otherwise transferring passengers onto or off of
transit vehicles. Transportation and transit facilities do not include bus
stops within the right of way. Transportation and transit facilities including
high-_capacity transit facilities may include such appurtenances as ticketing
systems, rider amenities, loading and unloading zones, parking lots, driver
comfort stations, traction power substations, security offices, or others
similar uses that are accessory to the primary purpose of serving
passengers of the particular heavy rail station, light rail station, or bus
depot at which they are located.
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SECTIONS. - Amendment to KCC 15.04.050. Section 15.04.050 of
the Kent City Code, entitled "Manufacturing land use development
conditions," is hereby amended as follows:
Sec. 15.04.050. Manufacturing land use development
conditions.
1. The following uses require a conditional use permit:
a. Manufacture of such types of basic materials as follows:
i. Gum and wood chemicals and fertilizers, and basic
industrial organic and inorganic chemicals or products such
as alkalis and chlorine, industrial and liquid petroleum,
gases, cellophane, coal tar products, dyes and dye
products, impregnated products, tanning compounds, and
glue and gelatin.
ii. Hydraulic cement, concrete, gypsum, lime, carbon,
carbon black, graphite, coke, glass, and similar products.
b. Manufacture of products such as the following:
i. Ammunition, explosives, fireworks, matches,
photographic film, missile propellants, and similar
combustibles.
ii. Rubber from natural, synthetic, or reclaimed materials.
iii. Paving and roofing materials or other products from
petroleum derivatives.
c. Refining of materials such as petroleum and petroleum
products, metals and metal ores, sugar, and fats and oils.
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d. Distilling of materials such as bone, coal, coal tar, coke,
wood, and other similar distillates.
e. Heavy metal processes, such as ore reduction or smelting,
including blast furnaces, and including drop forging, drop
hammering, boiler plate works, and similar heavy metal
operations:
i. Asphalt batching plants.
ii. Concrete mixing and batching plants, including ready-
mix concrete facilities.
iii. Rock crushing plants and aggregate dryers.
iv. Sandblasting plants.
f. Animal and food processing, including the following and
similar operations:
i. Tanning, dressing, and finishing of hides, skins, and furs.
ii. Meat and seafood products, curing, canning, rendering,
and slaughtering.
iii. Nitrating of cotton and other materials.
iv. Rendering of animal grease or tallow, fish oil, and
similar materials.
v. Slaughtering, stockyard, feedlot, dairy, and similar
operations.
vi. Pickling and brine curing processes.
vii. Wholesale produce markets..
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g. Salvage, wrecking, and disposal activities, including the
following and similar operations:
i. Automobile and building wrecking and salvage.
ii. Salvage of industrial waste materials such as metal,
paper, glass, rags, and similar materials.
iii. Sewage disposal and treatment plants.
iv. Dump and sump operations for such uses as rubbish,
garbage, trash, and other liquid and solid wastes.
h. Storage of the following kinds of goods:
i. Bulk storage of oil, gas, petroleum, butane, propane,
liquid petroleum gas, and similar products, and bulk
stations and plants.
ii. Used building materials, mover's equipment, relocated
buildings, impounded vehicles, and similar materials.
iii. Explosives or fireworks, except where incidental to a
principally permitted use.
iv. Fertilizer or manure,
2. [Reserved].
3. Small scale light manufacturing operations as follows: stamping,
brazing, testing, electronic assembly, and kindred operations where the
building, structure, or total operation does not encompass more than
10,000 square feet of area. The 10,000-square-foot total shall include all
indoor and outdoor storage areas associated with the manufacturing
operation. Only one 10,000-square-foot manufacturing operation shall be
permitted per lot.
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4. Conditional use for manufacturing of paint, but manufacturing of paint
is permitted outright in the M3 zone.
5. Contractor shops where most of the work is done on call, and which do
not rely on walk-in trade, but where some incidental storage or semi-
manufacturing work is done on the premises, such as carpentry, heating,
electrical, or glass shops, printing, publishing, or lithographic shops,
furniture, upholstery, dry cleaning, and exterminators.
6. Accessory uses include sales of product accessory to and directly
related to the manufacturing or warehousing use on the site.
7. For permitted uses, accessory hazardous substance land uses, including
onsite hazardous waste treatment or storage facilities, which are not
subject to cleanup permit requirements of Chapter 11.02 KCC, subject to
the provisions of KCC 15.08.050, except offsite hazardous waste
treatment or storage facilities, which are not permitted in this district. Fuel
farm facilities are not allowed in AG or A-10 zones.
8. For permitted uses, hazardous substance land uses, including onsite
hazardous waste treatment or storage facilities, which are not subject to
cleanup permit requirements of Chapter 11.02 KCC and which do not
accumulate more than 5,000 pounds of hazardous substances or wastes or
any combination thereof at any one time on the site, subject to the
provisions of KCC 15.08.050, except offsite hazardous waste treatment or
storage facilities, which are not permitted in this district.
9. Includes incidental storage facilities and loading/unloading areas.
10. Includes incidental storage facilities, which must be enclosed, and
loading/unloading areas.
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11. Including Marton K -and-tom
fae lities,�a„El-rail-truck transfer uses, except classification yards in the
category of "hump yards."
12. For permitted uses, accessory hazardous substance land uses,
including onsite hazardous waste treatment or storage facilities, which are
not subject to cleanup permit requirements of Chapter 11.02 KCC, subject
to the provisions of KCC 15.08.050. Offsite hazardous waste treatment or
storage facilities are not permitted in this district, except through a special
use combining district.
13. Conditional use permit required for trucking terminals and rail-truck
transfer uses.
14. For permitted uses, accessory hazardous substance land uses,
including onsite hazardous waste treatment or storage facilities, which are
not subject to cleanup permit requirements of Chapter 11.02 KCC, subject
to the provisions of KCC 15.08.050, except offsite hazardous waste
treatment or storage facilities, which require a conditional use permit in
this district.
15. The following require a conditional use permit:
a. Offsite hazardous waste treatment or storage facilities,
subject to the provisions of KCC 15.08.050.
b. Any hazardous substance land use that is not an accessory
use to a principally permitted use.
16. Warehousing and distribution facilities and the storage of goods or
products, except for those goods or products specifically described as
permitted to be stored only as conditional uses in the M3 district.
17. Conditional use for car loading and distribution facilities, and rail-truck
transfer uses.
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18. Warehousing and distribution facilities and the storage of goods or
products, including rail-truck transfer uses.
19. Miniwarehouses; provided, that the following development standards
shall apply for miniwarehouses, superseding those set out in KCC
15.04.190 and 15.04.200. For purposes of this title, miniwarehouses
means any real property designed and used for the purpose of renting or
leasing individual storage space to occupants who are to have access to
the space for the purpose of storing and removing personal property on a
self-service basis, but does not include a garage or other storage area in a
private residence. No occupant may use a miniwarehouse for residential
purposes.
a. Frontage use. The first 150 feet of lot depth, measured from
the property line or right-of-way inward from the street
frontage, shall be reserved for principally permitted uses for
this district, or for the office or onsite manager's unit, signage,
parking, and access. A maximum of 25 percent of the frontage
may be used for access to the storage unit area; provided, that
in no case shall the access area exceed 75 feet in width. No
storage units or structures shall be permitted within this 150
feet of commercial frontage depth.
b. Lot size. Minimum lot size is one acre; maximum lot size is
four acres.
c. Site coverage. Site coverage shall be in accordance with the
underlying zoning district requirements.
d. Setbacks. Setbacks shall be as follows:
i. Front yard: 20 feet.
ii. Side yard: 10 feet.
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iii. Rear yard: 10 feet.
e. Height limitation. The height limitation is one story.
f. Outdoor storage. No outdoor storage is permitted.
g. Signs. The sign requirements of Chapter 15.06 KCC shall
apply.
h. Off-street parking,
i. The off-street parking requirements of Chapter 15.05
KCC shall apply.
ii. Off-street parking may be located in required yards,
except in areas required to be landscaped.
i. Development plan review. Development plan approval is
required as provided in KCC 15.09.010.
j. Landscaping. Landscaping requirements are as follows:
i. Front yard: 20 feet, type III (earth berms).
ii. Side yard: 10 feet, type II abutting commercial uses or
districts; type I abutting residential uses or districts.
iii. Rear yard: 10 feet, type II abutting commercial uses or
districts; type I abutting residential uses or districts.
For maintenance purposes, underground irrigation systems
shall be provided for all landscaped areas.
k. Onsite manager. A resident manager shall be required on
the site and shall be responsible for maintaining the operation
of the facility in conformance with the conditions of the
approval. The economic and community development
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department shall establish requirements for parking and
loading areas sufficient to accommodate the needs of the
resident manager and the customers of the facility.
I. Drive aisles. Drive aisle width and parking requirements are
as follows:
i. Fifteen-foot drive aisle and 10-foot parking aisle,
ii. Parking for manager's quarters and visitor parking.
m. Building lengths. The horizontal dimension of any structure
facing the perimeter of the site shall be offset at intervals not
to exceed 100 feet. The offset shall be no less than 20 feet in
the horizontal dimension, with a minimum depth of five feet.
n. Building materials. If abutting a residential use or zone,
residential design elements such as brick veneer, wood siding,
pitched roofs with shingles, landscaping, and fencing shall be
used. No incompatible building colors should be used when
abutting a residential use or zone.
o. Prohibited uses. Use is restricted to dead storage only. The
following are specifically prohibited:
i. Auctions (other than tenant lien sales), commercial,
wholesale or retail sales, or garage sales.
ii. The servicing, repair, or fabrication of motor vehicles,
boats, trailers, lawn mowers, appliances, or other similar
equipment.
iii. The operation of power tools, spray painting equipment,
table saws, lathes, compressors, welding equipment, kilns,
or other similar equipment.
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iv. The establishment of a transfer and storage business,
v. Any use that is noxious or offensive because of odor,
dust, noise, fumes, or vibration.
vi. Storage of hazardous or toxic materials and chemicals
or explosive substances.
p. Fencing. No razor wire is allowed on top of fences,
20. Prohibited are those manufacturing activities having potentially
deleterious operational characteristics, such as initial processing of raw
materials (forging, smelting, refining, and forming).
21. The ground level or street level portion of all buildings in the
pedestrian overlay of the DC district, set forth in the map below, must be
retail or pedestrian-oriented. Pedestrian-oriented development shall have
the main ground floor entry located adjacent to a public street and be
physically and visually accessible by pedestrians from the sidewalk, and
may include the following uses:
a. Retail establishments, including but not limited to
convenience goods, department and variety stores,
specialty shops such as apparel and accessories, gift
shops, toy shops, cards and paper goods, home and home
accessory shops, florists, antique shops, and book shops;
b. Personal services, including but not limited to barber
shops, beauty salons, and dry cleaning;
c. Repair services, including but not limited to television,
radio, computer, jewelry, and shoe repair;
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d. Food-related shops, including but not limited to
restaurants (including outdoor seating areas and excluding
drive-in restaurants) and taverns;
e. Copy establishments;
f. Professional services, including but not limited to law
offices and consulting services; and
g. Any other use that is determined by the economic and
community development director to be of the same
general character as the above permitted uses and in
accordance with the stated purpose of the district,
pursuant to KCC 15.09.065, Interpretation of uses.
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22. Permitted uses are limited to storage, warehousing, processing, and
conversion of agricultural, dairy, and horticultural products, but not
including slaughtering, meat packing, and fuel farm facilities.
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23. Excluding slaughtering, rendering, curing, or canning of meat or
seafood products.
24. Except for those goods or products specifically described as permitted
to be stored as conditional uses.
25. Excluding explosive fuels and propellants.
26. Excluding predominantly drop forge and drop hammer operations.
27. Other accessory uses and buildings customarily appurtenant to a
permitted use, except for onsite hazardous waste treatment and storage
facilities, which are not permitted in residential zones.
28. Excluding paint boiling processes.
29. Limited to 25 percent of gross floor area. Reference KCC
15.04.080(5).
30. Retail or services uses which exceed the 25 percent limit on an
individual or cumulative basis shall be subject to review individually
through the conditional use permit process. A conditional use permit shall
be required on an individual tenant or business basis and shall be granted
only when it is demonstrated that the operating characteristics of the use
will not adversely impact onsite or offsite conditions on either an individual
or cumulative basis.
31. Reuse or replacement of existing structures for nonagricultural uses is
allowed where it is shown that the existing structures are obsolete for
agricultural use and will have no viable economic use unless they can be
put to nonagricultural use. Any replacement structures must maintain or
enhance the agricultural appearance of the property. Signs shall be limited
to not more than 100 square feet in area per business, and of that
amount, freestanding signs shall not exceed 40 square feet in area. No
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increase in the area of existing impervious surface shall be allowed in
connection with a nonagricultural use.
32. Accessory structures composed of at least two walls and a roof, not
including accessory uses or structures customarily appurtenant to
agricultural uses, are subject to the provisions of KCC 15.08.160.
SECTION 6. - Amendment to KCC 15,04.060. Section 15.04.060 of
the Kent City Code, entitled "Transportation, public and utilities land uses,"
is hereby amended as follows:
Sec. 15.04.060. Transportation, public and utilities land
uses.
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SECTION 7. - Amendment to KCC 15.04.065, Section 15.04.065 of
the Kent City Code, entitled `Transportation, public and utilities land use
development conditions," is hereby amended as follows:
Sec. 15.04.065 Transportation, public and utilities land use
development conditions.
1. For WTF towers 90 feet or less for a single user and up to 120 feet for
two or more users.
2. For WTF towers that are within the allowable building height for the
district in which they are located.
3. All WTFs are subject to applicable portions of KCC 15.08.035.
4. A conditional use permit for a WTF is required if it is greater than 90
feet for a single user or 120 feet for two or more users.
5. A conditional use permit is required if the WTF exceeds the allowable
building height of the district.
6. J#:crae
faellities and ncl'uding rail-truck transfer uses, except classification yards
in the category of "hump yards."
7. [Reserved].
S. If on property owned, leased or otherwise controlled by the city or other
government entity subject to KCC 15.08.035(I).
9. Level 1 and 2 charging only.
10. Only as part of a general conditional use identified in KCC 15.08.030.
11. High capacity transit facilities shall be consistent with Chapter 15.15
KCC.
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12. A conditional use permit is required for high capacity transit facilities
that cross multiple zoning districts. No other transportation and transit
facilities are allowed in the MHP zoning district.
13. Accessory structures composed of at least two walls and a roof, not
including accessory uses or structures customarily appurtenant to
agricultural uses, are subject to the provisions of KCC 15.08.160.
SECTION 8. - Effective Period for Interim Zoning. The interim
zoning set forth in this ordinance shall be in effect for a period of six
months from the date this ordinance is passed and shall automatically
expire at the conclusion of that six month period unless the same is
renewed as provided in RCW 35A.63.220 and RCW 36.70A.390, or unless
terminated sooner by the city council.
SECTION 9. - Public Hearing. Pursuant to RCW 35A.63.220 and
RCW 36.70A.390, the city council will hold a public hearing, at the city
council's regular meeting, at 7:00 p.m. in Council Chambers, Kent City
Hall, on February 5, 2019, or as soon thereafter as the business of the city
council shall permit in order to take public testimony and to consider
adopting further findings.
SECTION 10. - Referral to Staff. In accordance with KCC
15.09.050, the city council hereby directs the planning director to propose
land use regulations relating to transit operations and maintenance
facilities for inclusion in the permanent zoning regulations or other
provisions of the Kent City Code. This direction shall constitute the city
council's resolution of intention in accordance with KCC 15.09.050.
SECTION 11. - Severabilitv. If any one or more section,
subsection, or sentence of this ordinance is held to be unconstitutional or
25
Interim Zoning Ordinance
Transit Ops. and Maint. Facilities
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 12. - Corrections by QLty Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 13. - Effective Cate _. Public Emerggncv Declared.
Pursuant to the preliminary findings, and in accordance with RCW
35A.12.130, the city council hereby declares the existence of a public
emergency and in order to protect the public health, safety, property, and
peace, this ordinance shall be effective upon adoption by a majority plus
one of the whole membership of the council. The city clerk is directed to
publish a summary of this ordinance at the earliest possible publication
date.
DANA RALPH, MAYOR Date Approved
ATTEI T:
KI LE A. KOMOTO, CITY CLERK Date Adop ed
1
Date Plubfis ecl
APPROVED AS TO FORM:
'A THU "PA ' FITZPATRICK, C ATTORNEY
26
Interim Zoning Ordinance
Transit Ops. and Maint. Facilities
94
STATE OF WASHINGTON, COUNTY OF KING}
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Polly Shepherd, being first duly sworn on oath that she is the
Publisher of the
Kent Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in King County, Washington. The
Kent Reporter has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent Reporter (and not in supplement form)which was regularly
distributed to its subscribers during the below stated period. The annexed
notice, a:
Public Notice
was published on January 18, 2019
The full amount of the fee charged for said foregoing publication is the
sum of $157.17 .
" ,"
Polly Shepherd
Publisher, Kent Reporter
Subscribed and sworn to me this 18t° day of January, 2019 .
C3�ifer Trlbbett'„ otary Public for the State of Washington, Residing in
Orting, Washington
P
6 'Y��yy11 dd
ct yC c ,y r
CITY OF KENT
NOTICE OF ORDINANCES
PASSED BY THE CITY COUNCIL
The following are summaries of an ordinances passed by the Kent City Council on
January 15, 2019:
ORDINANCE NO. 4303 - AN ORDINANCE of the City Council of the City of Kent,
Washington, relating to land use and zoning, specifically the rezoning of a 1-acre
parcel located at 23901 108th Avenue SE, Kent, Washington from CC, Community
Commercial zoning, to MR-T16, Multifamily Residential Townhouse zoning. (Kent
Townhomes Rezone ZCA-2018-3, KIVA#RPP4-2183225).
This ordinance shall take effect and be in force 30 days from and after its passage.
ORDINANCE NO. 4304 — AN ORDINANCE of the City Council of the City of Kent,
Washington, amending Title 6 of the Kent City Code by adopting a new chapter 6.15
establishing franchise application requirements for use of City right-of-way, except
that this new chapter does not apply to cable operators or special purpose sewer,
water or combined sewer/water districts.
This ordinance shall become effective immediately upon adoption.
ORDINANCE NO. 4305 — AN ORDINANCE of the City Council of the City of Kent,
Washington, declaring an emergency and adopting an interim zoning ordinance
amending title 15 of the Kent City Code by adding definitions of "transit operations
and maintenance facilities" and "transportation and transit facilities including high
capacity transit facilities," by specifying that transit operations and maintenance
facilities are permitted in the CM-2 District, but not in the MCR District or the MTC-1
and MTC-2 Districts, setting a date for a public hearing, and providing that the
ordinance will take effect immediately upon adoption.
This ordinance shall become effective immediately upon adoption.
A copy of the complete text of any ordinance will be mailed upon request of the City
Clerk.
Kimberley A. Komoto, City Clerk
„ Kent Reporter Friday,January 18,2019 13
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SceefpT6Kas. Japanese high school Commercial z Ing to that tmmrel opera one codas, and the project TmOw or pxChango of ' Salary Range:
t7tr"d'6mIy$375 Foot stutlenis. MR-T1fi Multifamily and measurement fa- revl6w process may In public land repDlyde $3,251/mo-$4,9]4(mo
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(®&GISTS-8600 GPIU6 ill pgnMnohbate zoning. (Kent Town the CM-2 011eci but not ®slop measures regal- 19'1414tr0 The project (DOG)
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9 rights hosting to cover pgr, al 5B01 Sewn,Darlrkd ideal
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- Provide three meals AN ORDINANCE of This ordinance shall he and the $9hpel Diploma }Daly dealer rooted.
per day the GI process for on OTHER PERMITS AND aoslodn on all&tubs at
Pnav1de transpermdom N CDunpol 00 the come edecllve mead view. The apPiVemlkpn PLANS WHICH MAY BE Apply In person at ovtt unihaalnrr and rib,
tollrom L'ndborgk N3 CXry of Kant, Washing alely upon ativpllp and listed sup Vas. may REgUIRED: Civil Con Koml Disirlbulion Carl^ Vm gewaaf end vaCDv
(carpooling Is ok) toe, arms"Ing ran, 6 of A copy of the dampens to be rev atl at the odic etndi Bulldln Permll loner prime at g
9 Provide A separate bed the Kent CI Cad. b test of an Planning 9 e 91trm. Re,elm Mace
N Y Y upon red eslt op DI Kant W, Son RIO IC COMMENT PE Y pp
P adopting a new chapter be mailed upon request vices, Kent
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(room sharing is pk) I Ise.rvoouM rcnaVn brtleks and we.
ApaKingCoratMoot Include year studentin 6.15 estabilea froth Kimberley
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King County your daily activllles ch se appl for u re- Kimb lark A. Kpmoto, ton need
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BOHOD City fight of way xcept k 641439 NAME/NUMBER: Opmlmemm tall{ be Irt naneportaxon/otrven arvmallad of .k.
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language pce than that the chapter t116/19 GREEN RIVER NACU- writing and received in recommendations1 BC ept. does not apply ch cable ARALRE RESOURCES Kent 30 P. Services recommendations foe
English please speak operators o,spedal Cur- NOTICE OF AREA- KOA CAMP b 4:30 P.M, Friday, materials and dquGp.
W/. Fireplace English wit le your 81d - y - met needs Opera(.
dent s present ore sewer,5ewarer er APPLICATION GROUND PROPERTY min Ave{ a Sou at 220 a pre and
Some Small pets ok combined werlwater and Proposed TRANSFER 4th Avenue South Kent ,,4
Near Everything You do not need to have dlstrcts., Oeferminatlan of ENV�2019@, KIVA WA 99032 Far gas. ( )p r vr..... vehipVes 0 aseoplaled
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Call Bruce need to be willing to wet- ke"F
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26404194U AW SE experience Ide In ma VALLEY MEDICAL west Freight Forward- Trip resale
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alwkingg at, Dr vied ere./� �� /1 MEETING
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me unflas AA You can also contact us mrn,o u.a.'i Bond sn xnma vmvv. a xmnv aarviaso Board of Trustees wlll be If this sounds like a good Lai th and p andu-
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253-520-9876 ...Gle®gpiovuld, The Valley Medical Gen- with penuhC helmmsser, farmed In We field with
Too 711 or 206422-1233 WAITE'S HOME ROOFING& ter Board of Trustees F' to expe¢am to extreme
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CPpn-firny Fmresivand We are look ng to ad >( Any&All Home Repels Senior Discounts Audit Committee will be dOua0i9dv14nne
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dren. NO COURT AP JC DENTURE CLINIC Office:(263)29a-9367 a„e iranoeo comador ary 22,2019, Opportunities eC 9�ED
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tax returns, payroll e- King County Law Library Palntlng and Need help with your career (253)250-0402 msm Amount (HRAI'
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