HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 04/05/1999�J Item 2
Public Works/Planning Committee
4/5/99
System Development Fee - Meridian
Stormwater Capital Improvement
Recommended Motion:
I move that the Public Works/Planning Committee
recommend to the Council authorization to direct the City
Attorney to prepare the necessary Ordinance adopting the
Meridian Stormwater Capital Improvement Program.
DEPARTMENT OF PUBLIC WORKS
April 2, 1999
TO: Public Works/Planning Committee
FROM: Don Wickstrom�
RE: System Development Fee - Meridian Stormwater Capital Improvement
Program
There were questions raised at the most recent Public Works/Planning Committee
meeting that were not adequately answered. As such, the attached memorandum
(Soos Creek Basin System Development Fee) explains the impact of what a system
development fee would have on the proposed rate structure.
Also attached is my memorandum explaining the computer modeling effort that was
completed during the study and the cost of one of the projects. At this time I am
requesting that Committee move this item forward to the next full Council meeting.
MOTION: Recommend authorization for Council to direct the City Attorney to
prepare the necessary Ordinance adopting the Meridian Stormwater Capital
Improvement Program.
DEPARTMENT OF PUBLIC WORKS
• April 1, 1999
TO: Don Wickstrom
FROM: Paul Scot ��
RE : Soos Cree Basin System Development Fee
In establishing a system development fee for stormwater, I found
that of the jurisdictions in the proximity of Kent , only Auburn,
Des Moines and Renton have such a charge . The fee for Auburn and
Des Moines is $400 while Renton is $385 . It seemed reasonable for
this analysis to use $400 as the system development fee in
projecting revenue .
Using the Growth Management Plan I extrapolated a rate of straight
• -line growth for households in this basin at 1 . 03% . The resulting
ESU' s, excluding streets, are as follows :
2000 2001 2002 2003 2004
9132 9225 9318 9411 9504
Using $400 as the system development charge, the extra revenue that
would be generated based upon the 1 . 03% growth in ESU' s would be
$37, 200 annually.
The revenue requirements of this basin, incorporating the
additional money generated by a system development charge, would
result in the rates as summarized below:
2000 2001 2002 2003 2004
4 . 64 6 . 82 6 . 66 6 . 50 6 . 34
Because the rates fluctuate between 2001 through 2004 , it is my
suggestion that the rates be averaged for the four-year time period
so there would only be one required rate adjustment needed in 2001 .
The modified rate structure would then be as follows :
2000 2001 2002 2003 2004
4 . 64 6 . 58 6 . 58 6 . 58 6 . 58
The comparison of the rates required to generate the needed revenue
to make the capital improvements in the basin with and without the
$400 system development fee, with the four year time period
averaged, are summarized as follows :
2000 2001 2002 2003 2004
With charge 4 . 64 6 . 58 6 . 58 6 . 58 6 . 58
Without charge 4 . 86 6 . 79 6 . 79 6 . 79 6 . 79
Difference 0 . 22 0 . 21 0 . 21 0 . 21 0 . 21
DEPARTMENT OF PUBLIC WORKS
March 23, 1999
TO: Public Works/Planning,Committee
t
FROM: Don Wickstrom
RE: Meridian Stormwater Capital Improvement Program
I am writing to address several questions that came up both before and during the Public
Works/Planning Committee meeting with regard to the presentation on the Meridian Annexation
Area Stormwater Capital Improvement Program (CIP). The questions specifically relate to the
computer modeling effort that was completed during the study and the cost of one of the
projects. The questions and answers are as follows:
1) Why was Lake Meridian not included as impervious area in the model?
This question relates to the report titled: "Meridian Annexation Area Hydrologic Analysis". The
source of the confusion may be the table at the bottom of page 8 or Tables 2 and 3 on pages 29
and 30 in the report. These tables correctly indicate that the lake is not treated as "effective
impervious area". This is a result of both the definition of "effective impervious area" and the
structure of the HSPF model used for the hydrologic analysis.
Effective impervious area is an area where there is no opportunity for surface runoff from an
impervious site to infiltrate into the soil before it reaches a conveyance system (pipe, ditch,
stream, etc.). Impervious areas and pervious areas are "land types" that have specific areas and
parameter sets that are programmed into the model. In HSPF programming language, these areas
are called "EvIPLNDs" and "PERLNDs". Open channels and lakes are characterized separately
from the IMPLNDS and PERLNDS in the model. In HSPF programming language, these open
channel reaches and lakes are called "RCHRES's" and have their own parameter sets.
Hydrologic flux and balance calculations are completed for both the land types (PERLNDs and
IMPLNDs) and the open water segments (RHRES's), guaranteeing that the hydrologic cycle is
simulated in its entirety.
2) Streamflows seem to increase dramatically downstream of the outlet of Lake Meridian.
Is this a result of discharges from wetlands along the flow path?
Streamflows do increase in the downstream direction as expected, with the increases generally
explained by increases in tributary drainage areas. Wetlands may function to either move
groundwater to surface water—"discharge", or move surface water to groundwater — "recharge".
iWetlands also provide for surface and subsurface storage of water. These functions may vary
seasonally. The exact hydrologic timing and function of a specific wetland is difficult to
determine without monitoring using surface flow and crest gauges and shallow and deep
piezometers.
Streamflow in the Lake Meridian Watershed was simulated by four RHRES's (see discussion
above). Streamflows are extracted from the model at the downstream end of each RHRES.
Streamflows for a range of return periods under the current land use scenario are presented in
Table 7 of the report titled: "Meridian Annexation Area Hydrologic Analysis". Flows expected
under the future land use scenario are presented in Table 10. Data for the four Lake Meridian
RHRES's are listed at the top of the table.
The tables show that, under both current and future conditions, for the 25-year event,
streamflows increase in the downstream direction in relation to the increased tributary area. For
example, under the current conditions scenario, flow at the outlet of the lake is 11.7 cfs, increases
to 15.8 cfs at the cross culvert under 15Vd (approximately 1,400 feet south of Kent Kangley
Road), and is 23.9 cfs at the confluence of the outlet channel and Big Soos Creek.
3) What alignment does the Lake Meridian Outlet Channel follow downstream of its
beginning at the Lake Meridian Park? Does it flow directly east to Big Soos Creek?
The alignment of the Lake Meridian Outlet channel was investigated using several approaches:
1) Public Works staff walked the channel on two occasions, 2) a survey crew completed a
channel survey and the resulting information was used to develop a map of the stream location
and associated channel cross sections, 3) staff from two consulting engineering firms walked
sections of the channel. As a result of these activities, the following alignment was identified:
• The outlet channel begins at the Lake Meridian Park at the Southeast corner of the Lake, and
continues through a series of culverts in the park and a culvert across 152"d Way SE
• Starting on the east side of 152"d Way SE, the channel follows a route through a forested
area. The channel continues through this area, outletting to a long swale/pond on the west
side of the Cascade Villa Mobile Home Park. From the swale/pond outlet, drainage flows
through a series of culverts on the east side of 152"d Way SE, including a culvert crossing
Kent Kangley Road from the Northeast to the Southwest.
• Drainage then flows through a wetland area west of 152"d Ave SE and south of Kent Kangley
Road. A culvert conveys flow across 152"d Ave to the start of a channel on the east side of
152"d Ave. This straight channel continues along an alignment just east and parallel to 152"d
Ave until the outlet at Big Soos Creek south of Highway 18.
There is no direct surface connection of the channel with Big Soos Creek other than the
confluence south of Highway 18. However, as described on page 4-8 of the report titled:
"Meridian Annexation Area Hydraulic Analysis and Capital Improvement Plan", the Public
Works Department is currently examining the feasibility of constructing a new channel to
convey flows from Lake Meridian more directly to Big Soos Creek. One potential alignment for
this new channel is shown in Figure 6 of the same report as a red line labeled "LM-2".
i4) Why was the HSPF model used when it is an older model that is not very "user-
friendly"?
• The HSPF model is an older model. In fact the current release is the 11's version of the model.
It is the only model available that accurately simulates the entire hydrologic cycle over extended
periods of time. In addition, it is an EPA supported model that is very well documented. The
model has been used extensively throughout Puget Sound in development of Basin Plans that
recommend capital improvements, and resource management and land use policies. It is not
"user friendly".
5) How was the model calibrated? Why wasn't verification completed?
As described on pages 5, 11, and 12 of the report titled: "Meridian Annexation Area Hydrologic
Analysis", the model was calibrated using lake level (stage) data from Lake Meridian for the
period October 1994, 1995, and 1996. As described in the report, calibration requires selecting
appropriate parameter values that represent the physical hydrologic processes for the watershed,
testing the values by comparing the model results with recorded streamflow or stage data, and
modifying parameter values where appropriate to achieve a better match between simulated and
recorded results.
Verification is a separate step that involves comparing the output of the calibrated model with a
separate period of observed flows to "verify" that the model is accurately representing
hydrologic processes. An additional two to three years of observed data, separate from the
calibration time period, is required for verification. Therefore, collection of data for verification
would have delayed completion of the study two to three years.
Calibration results are shown in Figure 4, page 27 of the report. Simulated lake levels are
generally within 6" of recorded levels. The parameters used for the Lake Meridian Watershed
were also used for the other watersheds. The same soil types/geologic units located in adjacent
watersheds will generally exhibit the same hydrologic characteristics. Therefore, the success of
the calibration in the Lake Meridian Watershed indicates the same level of success in the
adjoining watersheds.
It should be kept in mind that no model can ever replicate the complex processes involved in the
natural hydrologic cycle. However, computer modeling, coupled with direct field observations
of flooding and a design process that includes a factor of safety to account for uncertainty, is an
important tool to be used in development of solutions for flooding.
6) What is the cost for the Lake Meridian Outlet Channel project? What is the justification
for the project?
The hydraulic modeling indicated that all of the culvert crossings south of SE 2760' Place along
the Lake Meridian Outlet Channel are undersized. In addition, the channel segment upstream of
the culvert crossing of 152"d near SE 276t' Place is undersized. Because 152nd Avenue is
designated as a principle arterial, as developments occur therealong, improvement of 152°d
Avenue to City standards is being required. As such, the issues relating to the channel have to be
addressed and to burden an individual owner therewith seems inappropriate. In addition to these
issues, the existing channel is severely degraded in terms of fisheries habitat.
In response to the flooding and fisheries problems, a preliminary design and cost were developed
for a new channel to be located adjacent to 152ed Ave SE. The estimated cost for this project is
$3.7 million.
Another alternative to the north-south alignment for the new Lake Meridian Channel was
investigated. It would involve diverting some or all of the outflow from the lake to a channel
that would flow more directly to Big Soos Creek. Flow would be diverted beginning somewhere
just east of the existing lake outlet and flow in a north and east direction to connect with Big
Soos Creek. The pros and cons of this alternative are discussed in the report titled: "Meridian
Annexation Area Hydraulic Analysis and Capital Improvement Plan". The estimated cost for
this project is $2.4 million. Due to the greater uncertainty associated with regulatory approval of
this project and the need to provide conservative project estimates in the CIP, the cost for the
north-south alignment was included in the CIP.
MP4699
PUBLIC WORKS DEPARTMENT
March 1, 1999
To: Public Works/Pla 'ng Committee
From: Don Wickstro�WPublic Works Director
Re: Meridian Stormwater Capital Improvement Program
The following memo provides background on the Stormwater Capital Improvement
Program and related stormwater utility rate changes proposed for the Meridian and
Meridian Valley Annexation Areas. Additional details relating to the Program and
proposed rates will be discussed at the March 1, 1999 meeting of the Kent City Council
Public Works/Planning Committee.
Two reports provided with this.memo contain supporting information. They are:
• Meridian Annexation Area Hydrologic Analysis (AQUA TERRA Consultants, 1999)
• • Meridian Annexation Area Hydraulic Analysis and Capital Improvement Plan (R.W.
Beck, 1999)
BACKGROUND
The 1996 Meridian and Meridian Valley Annexations added approximately 6.6 square
miles to the City of Kent. Prior to the annexations, stormwater service and stream
resource management was under the jurisdiction of King County. These areas generally
received a low level of service. Flooding and fish habitat problems were being addressed
based on a prioritization among other projects throughout the larger Soos Creek
Watershed. Several improvements were originally proposed in the Soos Creek Basin
Plan completed in 1990. That plan is now almost 10 years old.
In response to the annexations, the City initiated several studies to address stormwater
conveyance and fish habitat needs for the area. They included the following:
• A Fish Habitat and Population Survey to determine the presence or absence
of fish populations, the quantity and quality of existing fish habitat, and
identify habitat improvement needs (this study included other areas in the
city)
• • A Hydrologic Analysis to quantify the changes in stormwater runoff rates
and volumes that are expected to occur as the area develops
• A Hydraulic Analysis and Capital Improvement Plan to: 1) analyze and
. locate flooding problems and develop solutions; 2) compile habitat
improvements identified in the fisheries study and improvements identified by
other sources (agencies, tribes, etc.), and 3) develop a prioritized list with
associated costs for flooding solutions and fish habitat improvements
The main goal of the effort was to develop a Capital Improvement Program, with an
associated budget and schedule, that would address the stormwater and fisheries habitat
needs in the area. Funding mechanisms could then be developed to meet these needs.
BASIN ORIENTATION
A study area was established for completion of the hydrologic and hydraulic analyses.
The study area included the watersheds for three drainage systems which, in turn, are
tributary to Big Soos Creek. A map showing these watersheds is attached. While the
total area of the three watersheds is 8.2 square miles, 2.5 square miles are currently
outside the City limits.
The Soosette Creek Watershed contains the most complex drainage network of the three
study watersheds, draining areas from as far north as SE 2481h St. Several large wetlands
and a regional detention facility are located in the watershed. The confluence of Soosette
Creek and Big Soos Creek is located beyond the City limits.
• The Clark Lake /Meridian Valley Creek Watershed collects water from two tributaries —
one which originates north of the current city limits, and the other which includes Clark
Lake. The confluence of the tributaries is located in the vicinity of the SE 2401' St and
132"d Ave SE intersection. Downstream of the confluence, Meridian Valley Creek flows
towards the southeast through the Meridian Valley Country Club to its outlet to Big Soos
Creek at SE 256 h and 148s Ave SE.
The Lake Meridian Watershed is dominated by the lake, which covers almost half of the
watershed area. The outflow channel is the most highly degraded drainage system within
the study area. Through the majority of its length it consists of a linear ditch running
adjacent to the east side of 152nd Ave SE. The ditch conveys outflow from the lake and
local stormwater runoff to Big Soos Creek where Big Soos flows under the Kent/Black
Diamond Road.
IMPLICATIONS OF THE ENDANGERED SPECIES ACT
It is expected that the Puget Sound Chinook are going to be listed as a threatened species
this spring under the Endangered Species Act (ESA). There are also indications that
Puget Sound Coho may also be listed within the next couple of years. These listings will
have implications for City resource management and land development. State and local
response plans are currently under development.
• The creeks in the annexation areas are among the most productive, in terms of fisheries,
in the Lower Green River system. As a result of this and the "fisheries-focus" of state
' r
and local agencies in response to the ESA listings, the Capital Improvement Plan
developed for the annexation area includes several fisheries-related projects. The overall
objectives of these projects are: 1) preservation of existing fisheries resources and 2)
restoration to improve habitat where there has been some impact from urbanization.
PROBLEMS AND SOLUTIONS
A total of 39 flooding and fish habitat problems were identified during the studies. Most
of the flooding problems involve culverts that are undersized. New culverts are proposed
for 18 locations.
Identified fisheries problems include fish passage barriers that need to be removed and
riparian habitat problems such as a lack of streamside vegetation and insufficient
streambed gravels for salmon spawning. Thirteen projects have been developed to
address these problems.
Details relating to all of the problems and solutions are presented in the attached
"Hydraulic Analysis and Capital Improvement Program" report. (see Tables 2 and 5)
CAPITAL IMPROVEMENT PROGRAM BUDGET AND SCHEDULE
The Capital Improvement Program is presented in the attached table. A total of
$10,311,300 in improvements are proposed, including $8,413,000 (82 %) in conveyance
• projects to solve flooding problems, and $1,898,300 (18 %) in fish habitat projects. The
plan is scheduled for funding over a six year time period.
The projects are presented in the table in prioritized order, based on the following
criteria:
• The magnitude and location of the flooding problem — the threat to life and property
and the flood hazard on major transportation arterials
• The need to complete projects in a sequence from downstream to upstream to avoid
exacerbation of existing problems
• Agency and Tribal input
• Grouping related projects
• Projects for which designs have been completed and/or easements have been secured
REVENUE AND RATES
Stormwater Utility fees will be the primary source of funding for implementation of the
Capital Improvement Program. A series of calculations and fiscal models were
completed to determine: 1) proposed stormwater rates and associated annual revenue, and
2) the approach for generation of revenue to fund the entire program within a 6-year time
i period.
Given the $10,311,300 total cost for the program and a six year funding schedule, the
• following method for generation of revenue is planned:
• A 2-step stormwater utility fee increase, with the first increase from the current rate
of $2.36/month to $4.89/month implemented on January 1, 2000, and the second
increase from $4.89/month to $7.25/month implemented on January 1, 2001
• Funding would be generated on a "pay as you go" basis for the first five years.
Revenue bonds would be issued in the sixth year to cover the remainder of the capital
needs.
For comparison, current rate in the City's Mill Creek Basin is $7.25/month, and the rate
in unincorporated King County is $7.09/month. Please keep in mind that prior to this
area annexing into the City, all properties were subject to and paying the County's
stormwater rate. While by 2001, our rate will be slightly higher than the County's, the
money generated will be used to construct improvements within the basin.
This is an introduction item at this time and we will be requesting "action" at the next
Committee meeting.
•
Attachments
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Item 3
Public Works/Planning Committee
415199
•
Metro Sewer Interceptor Easement
•
Recommended Motion:
I move that the Public Works/Planning Committee recommend to
the Council authorization for the City to grant Metro an easement
along 80tb Place South (Tax Lot #103) for the purpose of Metro
continuing with the South Sewer Interceptor Project.
•
DEPARTMENT OF PUBLIC WORKS
April 1, 1999
TO: Public Works/Planning Committee
FROM: Don Wickstrom W
RE: Metro Sewer Interceptor - Easement
Metro has requested that the City grant them an easement along 80' Place South
(Tax Lot #103) which would allow Metro to continue with their South Sewer
• Interceptor Phase III project.
• METRO: Recommend authorizing the City to grant Metro an easement along 80'
Place south (Tax Lot #103) for the purpose of Metro continuing with the South
Sewer Interceptor Project.
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Item 4
Public Works/Planning Committee
4/5/99
Surplus Property — SE 274th Street
Recommended Motion:
I move that the Public Works/Planning Committee recommend to
the Council authorization to declare the property along South 272nd
Street as surplus, per the Property Sale Agreement between the
Public Works and Parks Departments.
DEPARTMENT OF PUBLIC WORKS
• March 31, 1999
TO: Public Works/Planning Committee
FROM: Don Wickstroj
RE: Surplus Property— SE 272' Street
At this time, the Public Works Department is requesting that the property along S.
272' Street, as shown on the attached map, be declared as surplus for the future sale
between the Public Works Dept and Parks &Recreation. The attached Property Sale
Agreement has been reviewed by the City Attorney.
MOTION: Recommend authorization to declare the property along S. 272"1 Street
as surplus, per the Property Sale Agreement between the Public Works &Parks
Departments.
I
AGREEMENT FOR SALE OF REAL PROPERTY FROM
CITY OF KENT PUBLIC WORKS DEPARTMENT TO
CITY OF KENT PARKS AND RECREATION DEPARTMENT
AN AGREEMENT dated this 25" day of March, 1999, between the Parks and
Recreation Department of the City of Kent, hereinafter called the "Buyer", and the Public
Works Department of the City of Kent, hereinafter called the "Seller",
WHEREAS, the Seller wishes to sell and the Buyer wishes to buy certain real property
hereinafter described in the City of Kent, Washington, it is hereby agreed that the sale
shall be made under the following terms and conditions.
1. Seller shall sell to the Buyer and the Buyer shall buy from the Seller certain real
property located in the City of Kent, County of King, State of Washington, described as
follows:
The south '/2 of the Northwest Y4 of the Northeast '/4 of the Northeast 'Y4 of 32-22-
5 in King County Washington. EXCEPT portion lying southerly of the following
described line. Beginning at the Southwest corner of the above described
property; Thence North along the West line thereof a distance of 42.15 feet to the
POINT OF BEGINNING of line herein described; Thence North 87°01'00" East a
distance of 316.76 feet to a point on a curve to the left with a radius of 957.12
feet; Thence in an Northeasterly direction along said curve an arc length of
301.12 feet to a point 20.00 feet West of the center line of (Subdivision Line) of
114th Avenue Southeast being the terminus of line herein described.
2. The purchase price for the property shall be Three Hundred Thousand Dollars
and NO/100ths ($300,000.00) payable in three (3) annual installments of One Hundred
Thousand Dollars and NO/100ths ($100,000.00) per year, with the first annual payment
to be made on or before September 30, 1999 and a payment in each succeeding
calendar year, on or before September 30, thereafter until the full purchase price has
been paid in full.
3. The City of Kent Parks and Recreation Department agrees to design and
construct a cul-de-sac according to city standards on 114th Avenue SE, at such time as
the road from 114th Avenue to the 272"d Street Corridor through the proposed Erin
Glade Pat is constructed and open for traffic.
4. The City of Kent Parks and Recreation Department agrees to demolish the house
existing on tax lot#3222059004.
5. The City of Kent Public Works Department agrees to make available to Parks
and Recreation Department wetland delineation reports and any other information on
these two tax lots that could be helpful in park planning and engineering.
Public Works Department 1 of 2 03/24/99
Purchase & Sale Agreement
• IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed
the day and year written below. If the dates written below do not coincide, the latest
written date shall act as the effective date of this agreement.
PUBLIC WORKS DEPARTMENT PARKS AND REECR TION DEPARTMENT
by _I�>! ) ��( � `14 by John M. Hodgson
its -eCt-ov its Director / qq
DATE DATE
Jim White, Mayor
Date:
•
Attest: Approved as to Form:
BRENDA JACOBER, City Clerk ROGER LUBOVICH, City Attorney
Public Works Department 2 of 2 03/24/99
Purchase & Sale Agreement
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Item 5
Public Works/Planning Committee
4/5/99
South 188" Street — Street Vacation
Recommended Motion:
I move that the Public Works/Planning Committee recommend to
the Council adoption of a Resolution setting a hearing date for the
South 188' St. Street Vacation.
DEPARTMENT OF PUBLIC WORKS
• April 1, 1999
TO: Public Works/Planning Committee
FROM: Don Wickstrom 01�J
RE: South 188' Street - Street Vacation
We have received a valid petition from Pacific Northwest Group to vacate a portion
of South 188' Street. In accordance with State law, a Public Hearing thereon must
be held. As such, we recommend adoption of a Resolution which sets the Public
• Hearing Date.
MOTION: Recommend adoption of a Resolution setting a hearing date for the
South 188' St Street Vacation.
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Item 6
Public Works/Planning Committee
4/5/99
TIB Grant Agreement — 196th Corridor
Recommended Motion:
I move that the Public Works/Planning Committee recommend
authorizing the Mayor to sign the TIB Grant Agreement, authorize
,staff to accept the grant and establish a budget for the funds to be
spent within said corridor project.
DEPARTMENT OF PUBLIC WORKS
April 2, 1999
TO: Public Works/Planning Committee
FROM: Don Wickstrom
RE: Transportation Improvement Board (TIB) Grant
I92"d/196"'/200t' Street Corridor (9-P-106(001)-3
West Valley Highway to East Valley Highway
We have received a grant from the TIB for the construction phase of the 196' Street
Corridor project. At this time,we are requesting authorization for the Mayor to sign
the grant agreement, direct staff to accept the grant and establish a budget for the
funds to be spent within said corridor project.
Due to time constraints, we are requesting that upon Committee's concurrence of
same, this item be placed on the Council agenda for April 6, 1999.
MOTION: Recommend authorizing the Mayor to sign the TIB grant agreement,
authorize staff to accept the grant and establish a budget for the funds to be spent
within said corridor project.
Transportation Improvement Account (TIA)
�� Project Agreement for Construction Proposal
Lead Agency
City of Kent
Project Number Authority Number
9-P-106(001)-3 9915089P
Project Title& Description
S 192nd/S 196th/S 200th Stage 3
West Valley Highway to East Valley Highway
Total Amount Authorized Authorization to Proceed Effective From
$7,784,740 March 12, 1999
IN CONSIDERATION of the allocation by the Transportation Improvement Board of Transportation Improvement
Account (TIA) funds to the project and in the amount set out above, the agency hereby agrees that as condition
precedent to payment of any TIA funds allocated at any time to the above referenced project, it accepts and will
comply with the terms of this agreement, including the terms and conditions set forth in RCW 47.26; the applicable
rules and regulations of the Transportation Improvement Board, and all representations made to the Transportation
Improvement Board upon which the fund allocation was based; all of which are familiar to and within the knowledge
of the agency and incorporated herein and made a part of this agreement, although not attached. The officer of the
agency, by the signature below hereby certifies on behalf of the agency that local matching funds and other funds
represented to be committed to the project will be available as necessary to implement the projected development of
the project as set forth in the CONSTRUCTION PROSPECTUS, acknowledges that funds hereby authorized are for
the development of the construction proposal as defined by Chapter 167, Laws of 1988.
If the costs of the project exceed the amount of TIA funds authorized by the Transportation Improvement Board, set
forth above, and the required local matching funds represented by the local agency to be committed to the project,
the local agency will pay all additional costs necessary to complete the project as submitted to the Board. This shall
not prevent the local agency from requesting an increase in the amount of trust funds pursuant to applicable rules of
the Board.
Projects in clean air non-attainment areas are subject to air quality conformity requirements as specified in RCW
70.94.The lead agency certifies that the project meets all applicable Clean Air Act requirements.
IN CONSIDERATION of the promises and performance of the stated conditions by the agency, the Transportation
Improvement Board hereby agrees to reimburse the agency from allocated TIA funds and not otherwise, for its
reimbursable costs during the above referenced quarter year not to exceed the amount specified. Such obligation to
reimburse TIA funds extends only to project costs incurred after the date of the Board's allocation of funds and
authorization to proceed with the project.
LEAD AGENCY TRANSPORTATION IMPROVEMENT BOARD
Signature of Meyovcha,mt Date
Executive Director Date
TI B Form 190-057 �
Rewseo 01/97
Item 7
Public Works/Planning Committee
4l5199
Condominium Zoning
Recommended Motion:
I move that the Public Works/Planning Committee recommend to
the Council to direct the Land Use and Planning Board to study
and make recommendations to the Full Council on policies that
would encourage home ownership opportunities in Kent.
CITY OF�wrl" TI LS
�6
Jim White, Mayor
INVICTA
Planning Department (253) 859-3390/Fax (253) 850-2544
James P. Harris, Planning Director
MEMORANDUM
April 5, 1999
TO: TIM CLARK, CHAIR AND MEMBERS OF THE PLANNING AND PUBLIC
WORKS COMMITTEE MEMBERS
FROM: FRED N. SATTERSTROM, PLANNING MANAGER
RE: CONDOMINIUM ZONING
At the last Planning and Public Works Committee meeting on March 15, 1999, several policy
options were discussed for encouraging the development of townhouses and condominiums. During
these discussions, concerns were raised regarding affordability incentives, King County zoning
policy, and current housing prices. This memo is intended to address these issues generally.
King County Zoning Policy:
Approximately five years ago, King County moved away from single family residential zoning
based on minimum lot sizes and adopted a new classification system based on density of units per
acre. For instance, instead of single family zoning districts such as RS7200 and RS9600 (where
7200 and 9600 refer to minimum lot size), the County adopted R6 and R4 designations (where the 6
and 4 refer to the number of units permitted per acre.) The County also adopted simple density
designations for each of their multiple family zoning districts. As a result, County zoning does not
distinguish between single and multiple family zones per se, but merely classifies zoning districts by
density from R1 (1 unit per acre) up to R48 (48 units per acre). A matrix illustrating the County's
densities in each residential zoning district is attached to this memo as Exhibit A.
It should be noted that in lower density districts, such as R4 and R6, County zoning permits attached
housing units such as townhouses. "Stacked units" or apartment structures are not permitted,
however. Townhouse structures located in RI-R8 zones may not be more than two stories in height
and may not exceed 200 feet in length. In fact, the City of Kent has annexed areas where plats
containing townhouses have either been developed or have "vested" a right to build in single family
zoned areas. The County requires townhouses to be platted in the R1-R8 zones, and through this
process controls the resultant site development. Special regulations apply to such townhouses,
which are aimed at blending them into low-density residential districts.
City of Kent zoning differs from the County system by requiring detached single family residences
in all SR zones. Although Kent has modified its residential zoning standards in recent years by
dropping the minimum lot size requirement from the class of zoning district (such RI-7.2 or R1-9.6)
and instead adopted a density designation (such as SR6 or SR4.5),the City still maintains minimum
lot sizes and the requirement to build detached units with side yards'. No attached units may be
constructed in single family zones. Townhouses i.e., attached side-by-side units may only be
constructed in multiple family zoning districts; the same regulation applies to apartment structures.
2204th AVENGE SOUTH / KENT,WASHINGTON 98032-5895
Condominium Zoning
April 5, 1999
Affordability Incentives:
On suggestion by the Committee, staff also agreed to research the incentives other jurisdictions
maintain in their zoning policies, which encourage affordable housing. In this regard, King County
is also exemplary.
King County zoning classifications permit what is termed a "base density" in all residential zones.
In addition to the base density, a density incentive may be added "in exchange for public benefits"
such as affordable housing, historic preservation, or open space protection. For example, the base
density in the RI zone is 18 units per acre. If a developer were to build moderate-income housing
reserved for qualified homebuyers (total household income at or below 80% of King County
median), a density bonus of .75 bonus units could be constructed for each "benefit' unit. The
density incentive varies for different types of benefit housing including low and moderate-income
rental and for-purchase housing, senior citizen assisted housing, and mobile home parks.
Exhibit B, attached to this memorandum, depicts the density incentives for various benefit housing
in King County.
Housing Costs and Affordability:
Favorable interest rates and a robust local economy driven by tremendous job growth in the Puget
Sound region have contributed to escalating housing prices. In King County, the median price of a
single-family residence has risen from approximately $50,000 in 1979 to $203,500 in 1998, a 400%
• increase in 20 years.
In Kent, the Multiple Listings Service (MLS) data for 1998 suggests that single family homes may
be somewhat more affordable than the County average with the median price of homes at $169,500.
The median price of condominium units during 1998 in Kent was $105,500.
It is difficult to measure or define what affordable housing is. Various studies approach affordability
in different ways. A commonly used indicator focuses on the gap between the median price of a
home and the price which can be afforded by the median household income. Using this measure,
one can discern the "affordability gap" between housing cost and median income. To provide an
example, the median price of a home in King County in 1997 was $186,100. A median household
income of $63,467 would be required to afford this median priced home. However, the median
household income for the Seattle metropolitan area for 1997 was $45,266 (which would qualify a
potential buyer for a home cost of only $132,732). Therefore, as a recent study by the Washington
Research Council concludes, "either housing is $53,368 too expensive or household incomes are
$18,201 too low."
The rental market has also become more competitive in recent years. Vacancy rates have fallen
steadily from 6.0% in 1991 to 3.5% in 1997. With increased job growth in the area and decreasing
vacancy rates, annual rent increases have accelerated. According to a recent Dupre + Scott study,
average monthly apartment rents in King County are highest in downtown Seattle and Bellevue. As
one moves away from these areas, average rents decrease. However, among South King County
cities, average rents in Kent are higher than its neighbors including Tukwila, Federal Way, Auburn,
Burien and Des Moines.
FNS:pm P:IADMIMcondomini=2.doe
cc: James P. Harris, Planning Director
Attachments
CITY OF L"Lf2l S
'l
Jim White, Mayor
+xvTCTA
Planning Department (253) 859-3390/Fax (253) 850-2544
James P. Harris, Planning Director
MEMORANDUM
March 15, 1999
TO: TIM CLARK, CHAIR AND MEMBERS OF THE PLANNING AND PUBLIC
WORKS COMMITTEE
FROM: FRED N. SATTERSTROM, PLANNING MANAGER
RE: CONDOMINIUM ZONING
The issue of"condominium zoning" was referred to the Planning and Public Works Committee
by the full City Council at its March 2, 1999 committee-of-the-whole meeting. At that meeting,
• potential policy options were discussed in general terms but, the Council felt the issue deserved
more detailed discussion and referred the matter to committee.
BACKGROUND'
It should be mentioned at the outset that the issue of encouraging homeownership opportunities
is encouraged in Kent's Comprehensive Plan. In fact, condominium-style housing (one of
several forms of homeownership) is addressed in the Housing Element of the Comprehensive
Plan. Housing Goal H-4 states: "Expand home ownership opportunities for all income groups
via land use regulations,financial strategies, and the removal of barriers to lending. " Policy H-
4.1 specifically addresses condominiums in terms of zoning: "Revise zoning and development
standards to facilitate small lot sizes, manufactured housing on single family lots, townhouses,
condominiums, clustering, and other options which increase the supply of affordable ownership
opportunities."
As explained to the City Council at its March 2nd committee-of-the-whole meeting, the City's
existing multifamily residential zones do not differentiate between rental or owner housing.
Except for Planned Unit Developments (PUD) in SR (Single Family) zones, there is no
requirement for condominium-type development in the zoning code. In addition, as stated by the
City Attorney at the workshop, the law does not allow the City to adopt a blanket policy of
permitting only condominiums in its multifamily zones. Nevertheless, under certain conditions,
condominiums may be encouraged as an alternative type of housing through various zoning
methods. These methods were discussed at the meeting but are worth repeating here. (A copy of
the handout distributed at the workshop is attached herewith as attachment A.)
220 4th AVENUE SOUTH i KENT,WASHINGTON 98032-5895
Planning and Public Works Committee
Condominium Zoning
Page 2
■ Contract rezoning. Under this option, approval of a rezone request would be conditioned
upon an agreement between the applicant and City. Among other things, the agreement
might contain a statement that only condominiums could be constructed. Therefore, any
development permit ultimately issued by the City would constrict development to
condominiums only. Decisions of the Council would be on a case-by-case basis.
■ Planned Unit Development (PUD) ordinance. The existing PUD ordinance restricts
condominium-type (attached) housing in the SR zone to sites which are more than 100 acres
in size. An option would be to reduce this minimum site size to 10 or 5 or even a smaller
threshold, resulting in more areas which could, given City Council approval of the PUD, be
utilized for attached condominium style housing.
■ Townhouse Zoning District. This option would entail the development of a special zoning
district (call it MR-T for Townhouse) which would permit one unit per lot but allow units to
be attached along a common property line. A maximum density could also be specified. The
City of Des Moines has such a zoning district with a maximum density of 12 units per acre.
The T-zone would be available for applicants to request rezoning of suitable sites with
criteria for rezoning set by ordinance.
■ Overlay (or "Incentive") Zoning. This option would allow additional density in existing
multifamily zones for condominium developments. Densities for rental apartments would
• remain the same. As an"overlay," it would only be available for existing multifamily zones.
DISCUSSION:
While contract rezoning is a legal method for rezoning property, it is not a good way to develop
policy. In reality, it is the opposite of policy since the exact conditions will be different from site
to site. It is subject to "deal-making" and puts the City Council and Land Use & Planning Board
in an awkward situation. Recent experience with contract rezoning (there have been two
contract rezones since 1994)has not been positive.
While I have discussed PUD, townhouse, and overlay zoning separately, they are not mutually
exclusive. That it is to say, adoption of one option does not preclude implementing the other.
The PUD option — where the minimum site size for attaching units in SR zones if conditioned
upon building condominiums—may be appropriate for certain areas of the City and under certain
conditions. For instance, criteria could be specified by ordinance which would be considered by
the Hearing Examiner and City Council before approving any PUD; these criteria might require
a location with direct access to an arterial street, proximity to transit and commercial services,
and the like. While not detennining the exact locations where such PUD's would be permitted,
the City would dictate the conditions under which these PUD's would be approved.
The townhouse zoning district is another viable option. The City may determine the precise
standards for the zoning district — i.e., density limits, platting requirements, buffer regulations,
and so on — and rely on interested applicants to request such a zoning. Like the PUD option
above, the City Council could define by ordinance the criteria under which it would consider
rezoning land to the T-zone designation.
Planning and Public Works Committee
Condominium Zoning
Page 3
The overlay zone option (where additional density is allowed for condominiums) offers only
limited advantage in terms of inducing condominium development. This is because the densities
already allowed in the City's MR (multifamily) zones are fairly high. Townhouse
condominiums are generally low density propositions, in the range of 10 to 14 units per acre.
Densities in excess of this generally yield "stacked unit" configurations, where residential units
are built over one another. Therefore, perhaps only the MR-D (Duplex) zone - where the limit is
10 units per acre - would attract applications for a condominium density bonus.
ADDITIONAL COMMENTS:
At the same time the City Council is considering the issue of expanding home ownership
opportunities through condominium zoning, it should also address the issue of affordable
housing. Goals in the Housing Element of the Comprehensive Plan encourage a wide range of
housing types and choices, including affordable housing available to low and moderate income
households, (Goal H-6, Housing Element). It is possible for any of the above alternatives to
incorporate inclusionary housing policies as a criteria or standard for rezoning and developing
specific sites.
FS:pm condol.doc
Attachments
cc: James P.Harris,Planning Director
Matt Jackson, GIS Planner
i
ATTACH M
•21A.12.030 A. Densities and dimensions - residential zones
2 RESIDENTIAL
O
N RURAL URBAN URBAN
E RESERVE RESIDENTIAL
s
STANDARDS RA-2.5 RA-5 RA-10 UR R-1 R-4 R-6 R8 R-12 R-18 R-24 R-48
Base Density: 0.4 0.2 0.1 0.2 1 4 6 8 12 18 24 48
Dwelling UnWAcm du/w du/ac du/se du/w du/ec du/w du/sc du/w du/ec du/sc du/w du/w
116) IS)
Maximum Density: 6 9 12 18 27 36 72
Dwelling Unit/Acm du/ac du/ac du/w du/w dulw dulw du/ac
(1)
9gnimum 86% 86% 86% 8096 76% 70% 66%
Density: %of Base
Done"(2)
Maxmum Lot 136 ft 136 It 136 ft 36 It 36 ft 30 it 30 It 30 It 30 ft 30 ft 30 ft 30 It
Width:(3) (7) (7)
Minimum Street 30 It 30 It 30/t 30 ft 30 ft loft loft loft 10 ft 10 1t 10 FT 10 FT
Setback 13) 1 (7) (7) (8) Ili) IS) (a) (e) IS) (a)
Minimum Interior 36 It 36 ft 35 ft 10 It loft Eft Eft 5 ft Eft Sit Eft E ft
Setback(3) 19) (9) (9) (7) 17) 1 (101 (10) 110) (10)
Bess Height 40 It 40 1t 40 ft 35 ft 35 ft 36 It 36 ft 36 ft 60 It 60 ft 60 It 60 it
(4) 80 It
(14)
ximum BuBding 4% 2% 1% 10% 15% 36% 50% 65% 60% 60% 70% 70%
49 cowraga: 01) 111) 111) 01) 01)
Percentage (12) 112) 112) (12) (12)
(5)
Maximum ImpenUus 15% 10% 15% 20% 20% 45% 70% 76% 16% 85% 85% 9096
Surface:Percentage (13) (13) (13) (13)
16)
12-2 (King County 12-93)
ATIACAtMENT C>
E. Residential development in R-4 through R-48 zones with property specific development
standards requiring any public benefit enumerated in this chapter, shall be eligible to earn bonus
dwelling units as set forth in subsection E when the public benefits provided exceed the basic
development standards of this title. When a development is located in a special overlay district,
bonus units may be earned if the development provides public benefits exceeding corresponding
standards of the special district.
F. The following are the public benefits eligible to earn density incentives through RDI
review:
BENEFIT DENSITY INCENTIVE
1. AFFORDABLE HOUSING
a. Benefit units consisting of rental 1.5 bonus units per benefit unit, up to a
housing permanently priced to serve non-senior maximum of 30 low-income units per five acres
citizen low-income households (i.e. no greater of site area; projects on sites of less than five
than 30 percent of gross income for households acres shall be limited to 30 low-income units.
at or below 50 percent of King County median
income, adjusted for household size). A
covenant on the site that specifies the income
• level being served, rent levels and requirements
for reporting to King County shall be recorded
at final approval.
b. Benefit units consisting of rental 1.5 bonus units per benefit unit, up to a
housing designed and permanently priced to maximum of 60 low-income units per five acres
serve low-income senior citizens (i.e. no greater of site area; projects on sites of less than five
than 30 percent of gross income for 1 or 2- acres shall be limited to 60 low-income units.
person households, 1 member of which is 62
years of age or older, with incomes at or below
50 percent of King County median income,
adjusted for household size). A covenant on
the site that specifies the income level being
served, rent levels and requirements for
reporting to King County shall be recorded at
final approval.
c. Benefit units consisting of senior 1 bonus unit per benefit unit
citizen assisted housing units 600 square feet
or less.
34-2 (King County 12-93)
BENEFIT DENSITY INCENTIVE
d. Benefit units consisting of moderate .75 bonus unit per benefit unit.
income housing reserved for income- and
asset-qualified home buyers (total household
income at or below 80 percent of King County
median, adjusted for household size). Benefit
units shall be limited to owner-occupied
housing with prices restricted based on typical
underwriting ratios and other lending standards,
and with no restriction placed on resale. Final
approval conditions shall specify requirements
for reporting to King County on both buyer
eligibility and housing prices.
e. Benefit units consisting of moderate 1 bonus unit per benefit unit.
income housing reserved for income- and asset-
qualified home buyers (total household income
at or below 80 percent of King County median,
adjusted for household size). Benefit units shall
be limited to owner-occupied housing with
• prices restricted based on typical underwriting
ratios and other lending standards, and with a
15 year restriction binding prices and eligibility
on resale to qualified moderate income
purchasers. Final approval conditions shall
specify requirements for reporting to King
County orr both buyer eligibility and housing
prices.
34-3 (King County 12-93)
,
BENEFIT DENSITY INCENTIVE
f. Benefit units consisting of moderate 1.5 bonus units per benefit unit.
income housing reserved for income- and
asset-qualified home buyers (total household
income at or below 80 percent of King County
median, adjusted for household size). Benefit
units shall be limited to owner-occupied
housing, with prices restricted to same income
group, based on current underwriting ratios and
other lending standards for 30 years from
date of first sale. A covenant on the site that
specifies the income level and other aspects of
buyer eligibility, price levels and requirements
for reporting to King County shall be recorded
at final approval.
g. Projects in which 100 percent of the 200 percent of the base density of the
units are reserved for moderate income - and underlying zone. Limited to parcels 5 acres or
asset-qualified buyers (total household income less in size and located in the R-4 through R-8
at or below 80 percent of the King County zones. Housing types in the R-4 or R-6 zones
median, adjusted for household size). All units shall be limited to structures containing four or
• shall be limited to owner-occupied housing with less units, except for townhouses. Such RDI
prices restricted based on current underwriting proposals shall not be eligible to utilize other
ratios and other lending standards, and with RDI bonus density incentives listed in this
prices restricted to same income group, for 15 section.
years from date of first sale. Final approval
conditions shall specify requirements for
reporting to King County on both buyer
eligibility and housing prices.
h. Benefit units consisting of mobile 1.0 bonus unit per benefit unit.
home park space or pad reserved for the
relocation of an insignia or non-insignia mobile
home, that has been or will be displaced due to
closure of a mobile home park located in
incorporated or unincorporated King County.
34-4 (King County 12-93)
Item 8
Public Works/Planning Committee
4/5/99
i
Street Use Permit — Ordinance
Recommended Motion:
I move that the Public Works/Planning Committee recommend
adoption of the proposed ordinance amending Chapter 6.07
relating to street use permits.
Kent City Council Meeting
Date:
Category:
1. SUBJECT: Street Use Permit - Ordinance
2. SUMMARY STATEMENT: This ordinance amends Chapter 6.07 of the Kent City Code,
relating to Street Use Permits by adding new subsections pertaining to street vendors,
sidewalk cafes and sidewalk displays, as well as making other related amendments
3. MOTION: Recommend adoption of the proposed ordinance amending Chapter 6.07 relating
to street use permits.
•
•
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent,Washington, amending Chapter 6.07 of the
Kent City Code entitled "Street Use Permits" by adding
subsections relating to street vending, sidewalk cafes
and sidewalk displays upon public places within the
City of Kent and by making other related amendments.
WHEREAS,there has been increased interest in the use of public
places in the City for the purpose of locating and operating street vending units,
sidewalk cafes, and sidewalk displays; and
WHEREAS, the City Council finds that it is desirable to allow
these types of uses on public places within the City if appropriately regulated so
as not to create a public nuisance or a public safety hazard; and
WHEREAS, in order to allow these types of uses on public places
in a manner that does not create a public nuisance or public safety hazard, it is
appropriate to amend the Kent City Code provisions relating to street uses;NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
40 1 Street Use Permits
SECTION 1. Chapter 6.07 shall be amended to read as follows:
CHAPTER 6.07. STREET USE PERMITS
Sec. 6.07.010. Purpose. The purpose of this chapter is to establish minimum
rules and regulations relating to street use associated with property development and to
other uses of streets, sidewalks, public property, public rights-of- way and other public
places for private purposes and to provide for enforcement.
Sec. 6.07.020. Definitions. The following words and phrases, wherever used in
this chapter, shall have the meanings ascribed to them in this section except where
otherwise defined and unless the context shall clearly indicate to the contrary:
A. Abutting property means and includes property bordering upon and contiguous to
aapublic place.
B. Banner means any pliable canvas or cloth sign material or holiday or festival
decor such as garland or similar decor stretched over or across any public place.
C. Director means the director of public works of the city and/or his or her designee
including Kent city code enforcement officials.
D. Driveway means that portion of a public place which provides vehicular access
to abutting propertythrough hrough a depression in the constructed curb or, when there
is no constructed curb, that area in front of such abutting property as is well
defined or as is designated by authorized signs or markings.
E. Portable Ssign means a sign which is not permanently affixed to the ground or
to a building or structure and which may be easily moved.
F. Public place means and includes streets, avenues, ways, boulevards, drives,
places, alleys, sidewalks, planting (parking) strips, squares, triangles and other
rights-of-way open to the use of the public, and the space above or beneath the
surface of same. This definition specifically does not include streets, alleys, ways,
planting strips and sidewalks which have not been deeded, dedicated or otherwise
permanently appropriated to the public for public use.
G. Sidewalk cafe means a portion of sidewalk area in which are placed tables and
chairs for the use of patrons while consuming food and/or beverages, including
2 Street Use Permits
alcoholic beverages served by a cafe restaurant or tavern located on abutting
iproperty.
H. Sidewalk vending unit or vending unit means a movable cart or similar device that
is operated from a fixed Iocation on a public way, from which food, flowers,
plants merchandise and/or non-alcoholic beverages are provided to the public
with or without charge; except however,that the provisions of this chapter shall
not apply to mobile caterers generally defined as follows: a person engaged in the
business of transporting in motor vehicles food and beverages to residential,
business and industrial establishments pursuant to prearranged schedules, and
dispensing from the vehicles the items at retail for convenience of the personnel
of such establishments.
I. Sign means any medium including its structure and component parts, which is
used or intended to be used out of doors to attract attention to the subiect matter
for advertising identification or informative pumoses.
• J. Special events means carnivals fairs festivals parades and other similar short
term uses of public places.
K. Use means and includes, but is not limited to, the following types of uses: to
construct, store, erect, place, maintain, or operate in, upon, over or under any
public place, any sidewalk cafe, food cart, or restaurant, staging, scaffold,
structure or material,machinery or tools used or to be used in connection with the
erection, alteration, repair or painting of any building; or to move any building
across or along any public place; or to use or occupy any public place for the
storage or placement of any material, equipment or thing; or to allow any vehicle
to be upon that portion of roadway designated as parking or curb space for
purposes of selling or soliciting in addition to merely parking; or to open,
excavate, or in any manner disturb or break the surface or foundation of any
permanent pavement of a public place, or to alter the established grade of any
street, or to disturb the surface of, dig up,cut,excavate or fill in any public place;
or to construct, reconstruct, maintain or remove any sidewalk or crosswalk,
3 Street Use Permits
pavement, sewers, water mains, grading, street lighting, or appurtenances thereto,
® except when permitted by ordinance, or to do any work in, or erect any structure
under, along or over any public place and other such uses.
L. Vending means the commercial sale of food flowers plants,merchandise and/or
non-alcoholic beverages only from a sidewalk vending unit upon public ways of
the City of Kent Vending does not include alcoholic beverages,tobacco,firearms
or munitions or any article which a minor is prohibited by law from purchasing;
nor anv materials restricted by the fire code from direct access or handling by the
up blic.
Sec. 6.07.030. Permit required. It shall be unlawful for
anyone to use any public place for private purposes without having first obtained a street
use permit from the director, as required in this chapter, and without complying with all
the provisions of this chapter.
Sec 6 07 040 Construction and property development.
A. Generally. No person shall be issued a project, building, grading or fill permit
without first obtaining a separate street use permit from the department of public
works except as follows:
1. An applicant for a permit to make an addition, alteration or repairs to a
single-family residence;
2. An applicant for a permit to make an alteration, repair or minor addition
(less than twenty thousand dollars ($20,000.00) in value) to any structure
other than a single-family residence.
3. The director determines, in his or her discretion, that the issuance of a
separate street use permit for each project,building, grading or fill permit
is not necessary to regulate the use on the public place.
B. Moving of Structures. Prior to application and issuance of a street use
permit for any building or structure to be moved across, along, or upon any public
4 Street Use Permits
place within the city and sited within the city, the applicant shall first obtain a
• building permit for the siting of such buildine or structure.
See. 6.07.050. Signs. The following provisions shall apply to the placement of
sins on public places:
A Signs may be
placed on a public place without a permit only as follows:
1.a-. Portable signs. Portable signs as defined herein may be placed on a public
place without a permit upon the following conditions:
13ttgbStFaeted W:1tirorf-a .a nor- ll...,.,.,to less t4an f,.r-77
(n),
feet, er-OtheEwise jFApede theprogress
}ffaimicc-.r4kin feui /4l feet f the f., o of.. rl, er tke edge of .,
1 a r t d—Fiveway, highway, r_..11ey
a. The location of the sign shall not reduce or obstruct pedestrian
passage on the sidewalk to less than four(4)feet to the nearest street
trees utility poles traffic control signs and devices,parking meters,
fire hydrants buildings and other similar devices and structures.
Furthermore such placement shall be consistent with any applicable
standards established by the American with Disabilities Act and
shall not obstruct vehicular traffic or parking or the use of any
crosswalk wheel chair ramp, bus or taxi zone.
(fib. No portable signs shall be installed or placed upon power poles,
telephone poles, street light standards, sign posts, trees, traffic
controllers, markers, on any railing, bridge, overpass, street,
crosswalk, public building or lawn or open area surrounding any
public building.
No portable sign shall be ;..st.,'� placed within twenty (20)
ten 10 feet of a driveway, wheelchair ramp, crosswalk or
5 Street Use Permits
intersection or placed or situated on a public place in such a way as
to constitute a threat to the health, safety and welfare of the public
or interfere with the use of the public place.
(4)d. Portable signs shall be installed so that the top of the sign does not
exceed an elevation of thirty- six (36) inches higher than the height
of the sidewalk, bike path or walkway. Where these improvements
do not exist the thirty-six-inch height limitation shall be measured
from the highest edge of the street, alley or driveway.
(�}e. Portable signs shall be constructed of weather-resistant wood,metal
or plastic. Canvas, cardboard and paper signs are prohibited.
(64f. Attachment of paper, plastic, balloons, or cardboard to a sign
ent+anee is not permitted if such attachment extends the approved
height or width of the sign.
(7)g_ Portable signs shall not be weighted down, or otherwise attached to
public property in such a way as to resist impact by a traveling
vehicle, bicycle or pedestrian.
42. Political campaign signs. Political campaign signs may be placed on a
public place without a permit except, however, no sign shall be placed or
situated on a public place in such a way as to constitute a threat to the
health, safety and welfare of the public or interfere with the use of the
public place. Owners of political campaign signs shall be responsible for
their removal within thirty (30) days following the election for which the
campaign signs were displayed. .,AR*their w;e
0. Banners. Banners may be placed on a public place only by permit pursuant
to the provisions of this chapter.
44. Other. All other signs are prohibited on public places for private purposes
and on any equipment, facilities and structures located upon public places,
including, but not limited to, power poles, telephone poles, street light
6 Street Use Permits
standards, sign posts, trees, traffic controllers, markers, railings, bridges,
overpasses, and public buildings.
B. Violations. In addition or as an alternative to the remedies provided in this chapter,
the director may remove or`relocate signs which are placed on a public place in
violation of the provisions of this si:*section, 6.Q4.030 9 6.07.050., or which the
director determines, in his or her discretion, constitutes a threat to the health, safety
and welfare of the public or interferes with the use of the public place.
Efireetere
Y
See. 6.07.060. Street Vendors. No person shall sell offer for sale, solicit orders,
rent lease or otherwise peddle from a public place using a mobile cart, using a vehicle,
or by any other mobile method without first obtaining a vending permit as follows:
• A. Permit Application In addition to the information required by this chapter, the
applicant must provide the following before a vending permit can be issued:
1. Submit the name and home and business addresses of the applicant, and the
name and address of the owner, if other than the applicant, of the vending
business or sidewalk vending unit to be used in the operation of the vending
business.
2. Submit a copy of the abutting property owner's (or representative's) written
aQproval for the vending site.
3. Submit an accurate drawing showing the public area to be used, along with
plans detailing the design and size of the vending unit to be used.
4. Procure and maintain liability insurance pursuant to Section 6.07.140(e),
naming the City of Kent and the abutting property owner as additional
insureds in the amount of five hundred thousand dollars ($500,000.00).
7 Street Use Permits
B. Location review. Upon receipt of an application for a permit or permit renewal,the
• director shall review the location to determine if it is suitable for vending. In
making this determination the director shall consider the following criteria:
1. A sidewalk vendine unit is limited to one assigned location.
2. No permit shall be issued for a location within ten(10) feet of a driveway,
wheel chair ramp bus stop sign or crosswalk at anv intersection or any
location which unreasonably interferes with the public's or City's use of the
right-of-way.
3. The permit operating area must be within a commercial or industrial zone
as such are defined in the Kent Zoning Code.
4. No permit for a vendor shall be issued for a proposed vending site located
within two hundred (200) feet of an existing vendor or retail store in which
the permit applicant's product is the primary product of the existing
vendor's site or retail store without the written consent of said permitted
. vendor or retail store This distance requirement shall not apply to
applications for special events or festivals issued under a Master Use Permit
issued pursuant to Section 6.07.100.
5. If a proposed vending site is located within two hundred(200) feet of a park
or public school the vendor must present written consent of the director of
Parks and Recreation or the School District, respectively: if a proposed
vending site is located within two hundred(200)feet of a private school, the
vendor must present written consent of the administrator or manager of the
private school This distance requirement shall not apply to applications for
special events or festivals issued under a Master Use Permit issued pursuant
to Section 6.07.100.
6. The use of vending devices must be compatible and not unreasonably
interfere with the public interest in use of the public ways as public rights-
of-wa .
8 Street Use Permits
7. The location of the sidewalk vending unit shall not reduce or obstruct
pedestrian passage on the sidewalk to less than four (4) feet to the nearest
street trees utility poles traffic control signs and devices parking meters,
fire hydrants builings and other similar devices and structures.
Furthermore such placement shall be consistent with any applicable
standards established by the American with Disabilities Act and shall not
obstruct vehicular traffic or parking or the use of any crosswalk,wheel chair
ramp, bus or taxi zone.
8. No person or corporation shall either pay or accept payment for the written
consent required for issuance or continued operation of a sidewalk vending
permit.
9. In the event that two or more applications for the same location are received,
the earliest application if approved shall be awarded the location.
C. Health and safety standards.
1. Vendors of food and beverages shall comply with all standards established
by the Seattle-King County Health Department.
2. All sidewalk vending units in which food or beverage preparation occurs
shall be inspected and approved by the City Fire Department to assure
compliance of any cooking or heating apparatus with the following
provisions:
a. Deep fat oil or grease cooking processes employing heated liquid
shall be protected by a fire extinguishing system approved by the
fire department Processes involving heated fat, oil, grease, or
liquids other than water shall be shielded from the public.
b. Processes requiring flammable gasses liquid, or solid fuels shall not
be permitted unless approved by the Fire Department. LPG
containers shall be limited to no more than five gallons capacity,
and no more than one container per cart or vendor display.
9 Street Use Permits
C. Storage of extra fuel is prohibited in the area of vending, or in any
buildings except as permitted by the Fire Department.
d. Vendors using open-flame cooking where steaks, hamburgers,
sausages hof dogs or other products producing grease laden vapors
are cooked shall not be stationed beneath the awning or canopy of
a building_ Exception may be made when evidence is presented
satisfying the Fire Department that no special threat is imposed to
the building or awning by virtue of vendor location.
e. Pressure-cooking appliances shall be prohibited.
f. A 40B• C fire extinguisher is required in all vending carts using
open-flame cooking or cooking products producing grease laden vapors.
D. Conditions Any person with a valid vending license issued pursuant to this chapter
shall be subiect to the following conditions:
1. All vendors must display, in a prominent and visible manner, the license
issued by the director under the provisions of this chapter.
2. Food and beverages sold must be capable of immediate consumption.
3. The height of the vending unit excluding canopies, umbrellas, or
transparent enclosures which must be approved by the director, shall not
exceed five (5) feet and the vending unit must be capable of being pushed
by one (1)person.
4. The vending site must be clean and orderly at all times,and the vendor must
provide a refuse container for use by patrons.
5. Soliciting or conducting_business with persons in motor vehicles is
prohibited.
6. No merchandise shall be displayed using street furniture (planters, street
lights trees trash containers etc)or placed upon the sidewalk. In addition
sales of merchandise shall not be allowed from a vehicle. No use of any
automatic coin-operated vending dispenser shall be allowed. Persons
conducting a sidewalk business must use a sidewalk vending unit.
10 Street Use Permits
7. Vendors shall not hinder use of any phone booth mailbox, parking meter,
fire alarm fire hydrant (including automatic sprinklers or standpipe
connections) newspaper vending machine waste receptacle, bench,transit
stop or traffic signal controllers.
8. Vendors shall obey any lawful order from a police officer or Fire
Department official during an emergency or to avoid congestion or
obstruction of the sidewalk.
9. No vendor shall make loud noises or use mechanical audio or noise-making
devices or hawk to advertise his or her product.
10. No licensed sidewalk vending unit shall be left unattended on a sidewalk,
nor remain on the sidewalk between midnight and 6:00 a.m.
11. Utility service connections are not permitted, except electrical, when
provided by the owner of the abutting property. Electrical lines are not
allowed overhead or lying in the pedestrian portion of the sidewalk.
Sec 6 07 070 Sidewalk Cafes. No person may operate a sidewalk cafe without
a permit to do so from the director as follows:
A. Permit application In addition to the information required by this chapter, an
applicant must provide the following before a sidewalk cafe permit can be issued:
1. The anticipated periods of use during the year, and the proposed hours of
daily use including Saturdays Sundays, and holidays;
I Whether any liquuor, as defined in RCW 66.04.010. will be sold or
consumed in the area to be covered by the permit, and
3. Procure and maintain liability insurance pursuant to Section 6.07.140(e),
naming the City of Kent as additional insureds in the amount of one million
dollars ($1,000,000.00).
B. Terms and conditions.
1. The director may issue a vermit for use of a sidewalk for sidewalk cafe
purposes in the event and to the extent that he or she determines that:
11 Street Use Permits
a. The applicant is the owner or occupant of the abutting property and
• operates a cafe restaurant or tavern thereon;
b. The location of the sidewalk cafe shall not reduce or obstruct
pedestrian passage on the sidewalk to less than four (4) feet to the
nearest street trees utility poles traffic control signs and devices,
parking meters fire hydrants buildings and other similar devices
and structures Furthermore such placement shall be consistent
with any applicable standards established by the American with
Disabilities Act and shall not obstruct vehicular traffic or parking or :
the use of any crosswalk wheel chair ramp, bus or taxi zone; and
C. The proposed sidewalk cafe area is included within a food-service
establishment permit pursuant to the Seattle-King County Director
of Public Health or his or her representative, has otherwise
authorized such a use of the area.
• 2. The director may include in the permit such terms and conditions as the
director may deem appropriate including but not limited to:
a. Restrictions as to the number and placement of tables and chairs and
as to the hours and dates of use;
b. A requirement that the area be cleared when not in use as a sidewalk
cafe or upon the order of the director or other appropriate city
officer such as the Chief of Police or Fire Chief or their authorized
representatives;
C. Provisions that the permittees shall maintain the sidewalk in a clean
and safe condition for pedestrian travel,
d. A requirement that the applicant clear the sidewalk as may be
necessary to accommodate deliveries to abutting or other nearby
properties;
12 Street Use Permits
e. Regulations upon lighting and illumination of the sidewalk cafe;
limitations upon noise and restrictions upon the placement of
furniture or equipment used in connection with the sidewalk cafe;
f. The posting of a surety bond or establishment of an escrow account
in accordance with the provisions of this chapter;
9. If the sidewalk cafe causes a change in pedestrian travel patterns,
appropriate repairs to the sidewalk in the immediate vicinity in
order to accommodate the change or to assure compliance with the
Federal Americans with Disabilities Act,
h. Restoration of the sidewalk upon completion of the use.
3. Unless expressly authorized by the director,no pavement shall be broken,
no sidewalk surface disturbed and no permanent fixture of any kind shall
be installed in or on sidewalk area in connection with a sidewalk cafe.
4. The director may suspend or revoke the permission granted if an applicant
• violates this chapter, any implementing rules, or the terms and conditions
of the permit.
D. Liquor. Liquor, as defined in RCW 66.04.010, as now existing or hereinafter
amended may be used and sold at a sidewalk cafe when authorized in both the use
permit and provided for in this chapter and by permit of the Washington State
Liquor Control Board, and not otherwise.
E. Sidewalk condition The applicant shall comply with the terms and conditions of
the sidewalk cafe permit issued and shall maintain the sidewalk in a clean and safe
condition for pedestrian travel and shall immediately clear the sidewalk area when
ordered to do so by the director or other appropriate City officer such as the Chief
of Police of Fire Chief or their authorized representatives.
Sec. 6.07.080. Sidewalk displays. The owner or manager of a business upon
abutting property making retail sales to the public may without a permit, display on a
public sidewalk goods or wares that are being offered for sale inside the business.
Sidewalk displays are subiect to rules of the director, and the following criteria:
13 Street Use Permits
A. The location of the sidewalk display shall not reduce or obstruct pedestrian passage
on the sidewalk to less than four (4) feet to the nearest street trees, utility poles,
traffic control signs and devices parking meters fire hydrants, buildings and other
similar devices and structures Furthermore such placement shall be consistent
with any applicable standards established by the American with Disabilities Act and
shall not obstruct vehicular traffic or parking or the use of any crosswalk, wheel
chair ramp, bus or taxi zone.
B. The display must be flush against the building of the abutting property, must leave
entrances and driveways clear, and may not extend more than three feet(Y) into the
sidewalk.
C. The display must be removed during those hours that the business is closed. If the
display is in place before sunrise or after sunset, the display must be lighted and
readily visible to passing pedestrians on the sidewalk.
D. Sales of goods or merchandise displayed must occur on the abutting privately
. owned property.
E. The display may not contain alcoholic beverages,tobacco, firearms or munitions,
or any article which a minor is prohibited by law from purchasing; nor any material
restricted by the Fire Code from direct access or handling by the public.
F. The display must be removed at any time that the director,the Chief of Police, or
the Fire Chief determine that a clear sidewalk is needed for use of travel or
transportation street cleaning or maintenance, street utility work, a crowd control
event or parade or an emergency and request removal.
G. The Ciry assumes no responsibility for the items on display, irrespective of whether
the loss occurs through accident collision vandalism theft or otherwise.
Sec. 6.07.090. Street closures.
A.4-- The city may permit the closure of a portion of a street or road within the
boundaries of the city. No closure of any street or road of any duration in time or
length shall occur except in accordance with a permit issued by the director, and
such other laws or regulations which may be applicable.
14 Street Use Permits
131 The director may issue a permit for closure of such street or road if such closure is
consistent with the general health, safety and welfare of the citizens. The director
is authorized to require that issuance of the permit is dependent upon fulfillment of
such conditions as are necessary to ensure the closure is carried out in a safe,
uniform and reasonable manner, including but not limited to:
La- The execution of a written agreement regulating access to the street by
emergency vehicles and local residents during the closure.
2.1}: Procurement and posting of a bond, cash and/or proof of insurance in an
amount sufficient to ensure payment for damages and/or all cleanup costs
associated with the closure, and a I; Id 4mmless a.g=eement an indemnity
agreement and/or deposit, as set forth in subsections 6 0:060 6.07.140 and
6.07.150 below.
3.e- Use of city-approved signs and barricades for the closure.
Sec 6 07 100 Master Use Permit The director may issue a Master Use Permit
• for special events and other instances involving multiple uses and/or users under this
chapter. In such case the director shall have the discretion to determine the amount of
insurance that will be required depending on the risks associated with the level of uses
under the permit The director shall also have the discretion to modify the conditions of
this chapter for the use(s)applied for as deemed appropriate in order to consolidate uses or
accommodate multiple users under a master use permit.
€nape.6.07.101. City development or use; exemptions. The requirements of this
chapter shall not apply to:
A.4- Street, drainage,water or sewer maintenance work performed by the city, including
street, drainage, water or sewer installation and improvement work authorized by
ordinance, or street, drainage, water or sewer improvement projects under contract
with the city shall be exempt from the provisions of this chapter.
B.-2- The city initiated closure of any highway, street or road.
15 Street Use Permits
Sec. 6.07.040420.Permit application. To obtain a permit under this chapter,the
® person shall file an application on a form furnished by the city for that purpose. Every
application shall, where applicable:
A.4- Identify the property by legal description and address for which a' uildiag, ,radii.,
A; ill permit is being sought or an accurate description of the public place or
portion thereof desired to be used.
B.,L Provide the use desired to be made of such public place by the applicant.
C.-S- Identify the owner of the property abutting the public place for which the permit is
sought. being ,novel poa.
D. For construction and property development to the extent required by the director:
1.3r. Provide the plans and specifications for any utility or structure desired to be
constructed, erected or maintained by the applicant in or on a public place.
2.4 Identify routes to be utilized to and from the property.
3.6- Identify the contractor and subcontractor responsible for the development
• work.
4.-7- Include the state contractor's number of such contractor or subcontractor.
5.4- Include the city business license number of such contractor or subcontractor.
6.447 Include a copy of any building permit as required in section 6.07.050 C.
below for any building or structure to be moved across, along or upon any
public place, pursuant to a permit issued herein, and sited within the city.
E. Provide other information as required to the director.
F.sL Be signed by the owner or the agent of the applicant. f4RA who will be .,,.,. ally
Sec. 6.07.054130. Processing of applications.
A. The director shall examine each application submitted to determine if it complies
with the provisions of this chapter. The director may also submit the application to
other city departments such as the fire police and planning departments for review
and comment. In order to ascertain any facts which may aid in determining
16 Street Use Permits
whether a permit shall be granted,the director may inspect the premises which are
desired to be used under the permit.
B. If after review of the application the director finds that the application presented to
him or her for approval conforms to the requirements of this chapter, and also that
the proposed use of such public place will not unduly interfere with the rights of the
public or unduly interfere or compete with adjaeo uses on abutting public or
private property or otherwise constitute a threat to the health, safety and welfare of
the public, then he or she may approve such application.
G
,SSRII SSLOC obtain po siting
of 81'eh
building or- stparatkife.
Sec. 6.07.060,140. Indemnity deposit; surety bond; liability insurance.
eKpease
, !the
• applicant shall provide a cash indemnity deposit to the department of publi^ war
City unless the director determines that there is not a probability of injury, damage
or expense to the city arising from an applicant's proposed use of any public place.
The amount of the cash indemnity deposit shall be determined by the director,
governed by the anticipated amount and extent of injury, damage or expense to the
city, and determined at the time of application approval. Such indemnity deposit
shall be used to pay the cost of plan review, inspections, surveys, and other
administrative services performed by the city, of restoring the street and removing
any earth or other debris from the street, the replacement of any utility interrupted
or damaged, or the completion of any work left unfinished, the cost of filing of an
indemnity agreement with the department,if such an agreement is required with the
permit, and any other expense the city may sustain in conjunction with the
permitted work. The balance of the cash indemnity deposit, if any, after the
. foregoing deductions, shall be returned to the applicant. If the indemnity deposit is
17 Street Use Permits
• insufficient, the applicant will be liable for the deficiency. If the director determines
that engineering studies must be made prior to the approval of any application for
permit, the cost of such study shall be paid for by the applicant, or deducted from
his indemnity deposit.
B. The director may require, in lieu of or in addition to the cash indemnity deposit,the
applicant to file with the department a surety bond which has been approved as to
surety and as to form by the city attorney. The surety bond shall meet all the
requirements provided in subsection A. above relative to a cash indemnity deposit,
shall run for the full period of the permit and shall be in an amount to be fixed by
the director and conditioned such that the applicant shall faithfully comply with all
the terms of the permit,all the provisions of this chapter, all other ordinances of the
city.
C. If the application is for the construction, reconstruction, repair, maintenance or
removal of any sidewalk, pavement, sewers, water mains, grading, street lighting
• or appurtenances thereto,the applicant shall file with the department a surety bond
approved as to surety and as to form by the city attorney. The surety bond shall run
for the full period of the permit and may be required by the director for a period of
one (1) year after the acceptance of the permitted work by the city, and shall be in
an amount fixed by the director. The surety shall be conditioned such that the
applicant shall faithfully complete all portions of the work according to the standard
plans and specifications of the city, and the specific plans for the work as approved
by the city engineer.
D. The director may require any permit holder to post a surety bond in the calendar
year following the period of a permit when the extent of possible damage to a
public place cannot be completely determined.
E. Subject to other requirements for insurance set forth in this chanter, theme director
may require an applicant to procure and maintain in full force and effect public
liability insurance naming the City of Kent, in an amount sufficient to cover
potential claims for bodily injury,death or disability,and fqr-property damage,and
18 Street Use Permits
when appropriate as determined by the director, products and/or completed
• operations which may arise from or in connection with the permit. The director
shall establish the amount of such insurance, and a certificate of insurance eepye€
the-peliey shall be provided to the city for review prior to issuance of the permit.
F. The director has the discretion to require one (1) or any combination of the above
requirements prior to issuance of a permit as the director deems appropriate,
considering the use proposed by the applicant, in order to reasonably protect the
city's interests and the health, safety and welfare of the public.
Sec. 6.07.97-&150. Indemnity agreement. The applicant shall be required to :
execute a written agreement supplied by the city attorney to forever hold and save the city
free and harmless from any and all claims, actions or damages of every kind and
description which may accrue to or be suffered by any person by reason of the use of such
public place or of the construction, existence, maintenance use or occupation of any such
structure,services, fixtures, equipment and/or facilities on or in a public place pursuant to
this chapter. In addition such agreement shall contain a provision that the permit is wholly
of a temporary nature that it vests no permanent right whatsoever, and that pursuant to the
provisions of this chapter, that the permit may be revoked without cause upon thirty
(3Ways' notice or without such notice in case the permitted use shall become dangerous
or unsafe or is not be operated in accordance with the provisions of this title,the same may
be suspended or revoked.
Sec. 6.07.08&160. Permit issuance, expiration, and renewal.
A. Every permit issued under this chapter shall be issued conditioned upon and subject
to the right of the city to restrict suspend or revoke the permit as provided in
section 6.07.180 below.
B. Every permit issued by the depaj4meR4 of poblir. works director under provisions
of tiff Section 6.07.040 shall expire in accordance with the expiration date
of the respective building, grading, or fill permit. In no such case shall the life of
the street use permit extend beyond twelve (12)months from date of issuance.
•
19 Street Use Permits
C. Permits issued for special events or occurrences such as for festivals or street
closures shall expire on the date established by the director as the ending date of
the event or occurrence.
D. All other permits issued pursuant to this chapter, except as to those permits for
which a shorter term is herein specified shall be effective as of the first day of the
month of issuance regardless of the actual date of issue and shall expire twelve
(12) months from the effective date thereof, unless sooner revoked in the manner
provided in this chapter.
E. Permit renewal Unless suspended revoked or denied as provided in this chapter,
and subject to a location review as set forth in this section, all permits issued
pursuant to the provisions of this chapter may be renewed upon payment for the
ensuing term of the established fee minus the application charge, on or before the
date of expiration of such permit A vendor renewing a permit for a business that
has changed the size of the vending area location or by adding heating or cooking
• apparatus since the last application/renewal must follow requirements for a new
application.
F. Street use permits are not transferable.
See. 6.07.4-W.170. Permit and inspection fees.
A. The basic fee for a street use permit under; subseetien 6.07
1. Sec 6.07.040, Construction and property development shall be fifty ($50)
dollars.
2. Sec 6.07.060, Street vendors shall be one hundred ($100) dollars.
3. Sec 6.07.070, Sidewalk cafes shall be one hundred ($100) dollars.
4. Sec 6.07.090, Street closures shall be fifty ($50) dollars.
5. Sec 6.07.100, Master use permit shall be one hundred($100) dollars.
20 Street Use Permits
B. Where total inspection time exceeds two(2)hours an extra charge shall be invoiced
+ f+ +. .$in nn'P�hour, an hourly rate to be
to the applicant at����� ���� �- --��-
established annually by the director.
Sec. 6.07.0W&180. SpeAal e9aditions,suspe aefttiOH—A
Permit suspension, revocation or denial.
A. The director shall have the power and authority to deny the issuance or renewal of
any permit applied for or revoke suspend or otherwise restrict any permit issued
under the provisions of this chapter. The director shall notify such applicant or
permittee in writing by mail or personal delivery. of the denial of a permit
application or the suspension or revocation of an existing permit and the grounds
therefor.
B. The grant of a permit for use on a public way is subject to the use and needs of the
City and the general public whether such needs are temporary or permanent and
for public or private purposes and is a grant of a temporary privilege to use a
• portion of the public way to serve and benefit the general public. The applicant for
the permit shall have the burden to prove that any proposed vending activity will
enhance and further the public interest consistent with the use of the public way by
the general public and the City for other authorized uses and activities, and any
rights of use permitted under the provisions of this chapter shall be of a temporary
and revocable nature at the discretion of the City; therefore, all permits granted
under the provisions of this chapter may be restricted, suspended, or revoked
without cause by the director or other authorized representative of the city, upon
thirty (30) days' prior notice. The director shall have the discretion to determine
priorities of conflicting uses of public places or may deny any or all such uses or
proposed uses.
l
�ooc cv here kinder L, ♦L. was o.a thol h.�cis of
permit
rr
..R+fir
21 Street Use Permits
C. AU permit issued under this chapter may be suspended or revoked immediately
based on one or more of the following grounds:
1. Any other license or permit issued pursuant to this chanter has been
suspended revoked or cancelled.
2. The applicant has violated or failed to meet any of the provisions of this
chapter or is in violation of any other ordinances or regulation of the City
relating to the use by applicant for which the permit is applied for or issued.
3. The applicant does not have currently effective an insurance policy in the
minimum amount as specified in this chapter.
4. The permit was procured by fraud or false presentation of fact or was issued
in error or on the basis of incorrect information supplied to the City.
5. The abutting property owner or legal representative withdraws consent in
writing for a sidewalk vending unit.
6. Health Department authorization for the sidewalk food or beverage vending
unit is cancelled.
Ar.D. For permits issued for construction and property development the following shall
apply:
1. Streets/Storm Drains. The applicant shall continuously keep the streets and storm
drain system free from all debris attributed to the work performed under the
respective building, grading, or fill permit. If this is violated, the director of publie
..errs ar desig ffaW may without advance notice and by posting the work site
suspend or revoke a permit issued.No new permit will be issued or the suspension
lifted until the conditions of this section have been met. Where the director of
determines that no immediate action per compliance with
the conditions of this section is about to occur, and the director of publie arks ^r
ate determines in his judgment that it is in the best interest of the city that
immediate action should be taken, he can order the work done by city forces or
other forces. The cost thereof shall be deducted from the indemnity fund at the
actual cost plus fifteen(15)percent.
22 Street Use Permits
2. Permit Not Obtained. Any work which is commenced or performed prior to
• obtaining the permit required by this chapter shall be immediately suspended and
shall not recommence until the requirements of this chapter have been fully
satisfied.
3. Stop Work Order. In addition to any remedy provided for in this chapter, the
director may issue a stop work order whenever a continuing violation of this section
will materially impair the director's ability to secure compliance, or when a
continuing violation threatens the health or safety of the public.
Sec 6 07 190 - Appeals Upon denial or revocation of a permit, notice of such :
action shall be delivered in writing to the permittee by personal service or certified mail
at the address specified by the licensee in the application. All revocations, suspensions, or
denials made pursuant to this chapter shall be effective immediately, provided that any
applicant denied a permit or any person objecting to the issuance of any such permit, may
within ten (10) days after the issuance or denial of such permit, appeal to the Hearing
• Examiner by filing with the Hearing Examiner a written notice of the appeal, clearly stating
the grounds on which the appeal is based The appeal before the Hearing Examiner will
be processed and heard pursuant to Chapter 2.32 of the Kent City Code. After the hearing
thereon the Hearing Examiner shall after making appropriate findings of fact and
conclusions of law, affirm modify or overrule the suspension or revocation and reinstate
the permit and may impose any terms upon the continuance of the permit which, to the
Hearing Examiner, may seem advisable Such decision of the Hearing Examiner shall be
final and conclusive unless appealed to the Superior Court within twenty-one (21) days of
the date of the Hearing Examiner's decision If appeal is taken as herein prescribed, the
suspension or revocation shall be staved except for a Health. Fire or other public safety
violation pending final action by the Hearing Examiner.
c%P.P, 6 n� „n n QOYe €ee fey weds without peMit 4xn
•
23 Street Use Permits
e
spp. 6.0!7.420 n '+ not ebtained Any work whroh GOO
1 OF
sidspeaded-a-nd- shall not FeeeffH:nenee until the Rquir-@fnents.efthis ehaptar-have been Pally
satisfied:
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See. 6.07.4-50.240. Violation; penalties.
• A. Civil. Any violation of any provision of this chapter constitutes a civil violation
under Kent City Code chapter 1.04 for which a monetary penalty may be assessed
and abatement may be required and/or otherwise enforced as provided therein.
B. Criminal. In addition or as an alternative to any other penalty provided in this
chapter or by law, any person violating the provisions of this chapter shall be
deemed guilty of a misdemeanor and,upon conviction thereof, shall be subject to
a fine not to exceed the sum of one thousand (S 1,000) dollars or imprisonment for
a period not to exceed ninety (90) days or both such fine or imprisonment.
SECTION2. - Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this Ordinance and the same shall remain
in full force and effect.
• 24 Street Use Permits
SECTION3. - Effective Date. This Ordinance shall take effect and be in
force thirty (30) days from the time of its final approval and passage as provided by law.
_ LTO U
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
PASSED: day of 11999.
• APPROVED: day of , 1999.
PUBLISHED: day of , 1999.
I hereby certify that this is a true copy of Ordinance No. passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P\LAW\ORDINAYC%VENDOR.ORD
25 Street Use Permits