HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 10/08/2012 ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
• Charlene Anderson, AICP, Manager
� KENT Phone: 253-856-5454
wAs III. ,o14
Fax: 253-856-6454
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
AGENDA
LAND USE & PLANNING BOARD
WORKSHOP
OCTOBER 8, 2012
7:00 P.M.
LUPB MEMBERS:
Alan Gray, Chair; Barbara Phillips, Vice-Chair; Steve Dowell, Navdeep Gill,
Jack Ottini, Randall Smith, and Jim Sturgul
CITY STAFF:
Charlene Anderson, AICP, Planning Manager; Katie Graves, Planner; David
Galazin, Assistant City Attorney
This is to notify you that the Land Use and Planning Board will hold a Workshop
on MONDAY, OCTOBER 8, 2012, in Kent City Hall, City Council Chambers,
220 Fourth Avenue S, at 7:00 p.m. No public testimony is taken at workshops,
although the public is welcome to attend. The workshop agenda will include the
following item(s):
1. KENT CITY CODE 15.07 LANDSCAPING CODE rZCA-2012-31 (Katie Graves)
Discussion of amendments to KCC 15.07 — Landscaping Code.
You may access the City's website for documents pertaining to the Land Use and Planning Board at:
htto://kentwa.igm 2.com/citizens/Default.asox?DeoartmentlD=1004.
Any person requiring a disability accommodation should contact the City Clerk's Office at (253)
856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at
1-800-833-6388 or call the City of Kent Planning Division directly at (253) 856-5499 (TDD) or the
main line at (253) 856-5454.
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1
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
• Fred Satterstrom, AICP, Director
KENT Charlene Anderson, AICP, Manager
WASH INGTON
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
October 2, 2012
To: Chair Alan Gray and Land Use & Planning Board Members
From: Katie Graves, Planner
Subject: Code Amendments — Landscaping Requirements
[ZCA-2012-3]
For the October 8, 2012 Workshop
SUMMARY: Planning Services is submitting for Board consideration another group
of potential code amendments, in this case, those found in Kent City Code 15.07,
Landscaping Regulations. This section of code has been effective in ensuring that
landscaping needs for development are met; it generally includes appropriate
flexibility and is not difficult to administer or understand. However, some items
need amending to modernize the code, incorporate low impact development
techniques, and provide clarity where there is confusion. Staff will review a
preliminary list of these items at the October 81h workshop.
Attached is a copy of Kent City Code 15.07, with comments on code sections staff
feels would benefit from amendment. Some items are fairly minor, while others are
more complex and may require additional research and options to be presented at
another Land Use and Planning Board meeting. Staff is looking for feedback from
the board on the code sections that have been identified, as well as comments or
suggestions for other changes that could be presented.
BACKGROUND: Local planning legislation arises from many sources — Federal,
State or regional mandates; changes to local community vision; complaints; need
for clarity; updated technologies, business operations or strategies that make
existing codes outdated; conflicts with updated codes in other City departments;
and many others. Furthermore, these amendments are undertaken as part of the
City Council's initiative to transform regulatory processes in order to increase
operating efficiencies. Staff presented a draft list of all potential code amendments
at the Land Use and Planning Board workshop on July 11, 2011, which included
changes to Chapter 15.07, Landscaping Regulations. The attached code section
includes potential amendments that address some of the items on the list presented
in July, as well as other items that have been deemed appropriate for revision.
Staff will be present at the October 81h workshop to go over these items in more
detail.
KG\PNN S'.PPer-HtdPlanAZONING_GJDE_PMENDMENTS\2012\ZCA-20123 KGC 15.07\WPBA10-8-12\Staf emo.doc
Enc: Kent City Code 15.07, Landscaping Regulations (with staff comments)
cc: Fred Satterstrom,AICP, Planning Director
Charlene Anderson,AICP, Planning Manager
Project File ZCA-2012-3
2
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Chapter 15.07
LANDSCAPING REGULATIONS*
Sections:
15.07.010 Purpose.
15.07.020 Landscape plan approval.
15.07.030 Failure to complete required landscaping - Inspection.
15.07.040 General landscape requirements for all zones.
15.07.050 Types of landscaping.
15.07.060 Regulations for specific districts.
15.07.070 Maintenance of landscaping.
*Cross reference(s) - Street trees, ch. 6.10; building codes, ch. 14.01.
15.07.010 Purpose.
A. The provisions of this chapter are to provide minimum standards for landscaping
in order to maintain and protect property values and enhance the general
appearance of the cltyl.l Comment[k1]:Add language about Me
enmu ragement of LID Mrough use of
B. The planning manager shall have the authority to waive specific requirements or appropriate plants,soil amendments,and
P 9 9 Y P 9 integration of landscape areas and LID
impose additional requirements in unique or special circumstances to ensure the stormwater management facilities?
fulfillment of the stated purpose of this chapter and to allow for flexibility and
innovation of design. Special circumstances or unique conditions shall be reviewed
with the planning manager prior to submittal of a landscape plan. Examples of
special conditions might include:
1. Preservation of unique wildlife habitat.
2. Preservation of natural or native areas.
3. Compliance with special easements.
4. Renovation of existing landscaping.
5. Unique site uses.
(Ord. No. 3612, § 5, 8-6-02)
15.07.020 Landscape plan approval.
A. A building permit shall not be issued until the landscaping plan has been
approved.
Comment[IQ]:Add language that
B. �t the time of development plan review, the planning department shall review outlines what extent of work will trigger
an upgrade of the site landscaping(e.g.
specific landscape requirements with the owner or his representative. change of use or an upgrade of soi or
more of the site)?Similar to what is in
parking code.
4
15.07.030 Failure to complete required landscaping - Inspection.
A. Failure to complete all of the required landscaping or any part of it within six (6)
months of the building occupancy, issuance of the certificate of occupancy or the
planning department final inspection shall constitute a zoning violation.
B. It shall be the responsibility of the project manager or business owner to contact
the planning department upon completion of the landscaping work and request an
inspection.
C. The planning department may inspect the landscaping upon request of the
project manager or business owner or at any time after the six (6) month
expiration date.
I15.07.040 General landscape requirements for all zones.) Comment[k3]:Require soil amendments
(till soil and add new topsoil)to allow for
A. All parking, maneuvering, and loading areas of over twenty thousand (20,000) better water infiltration? This will be
required by DOE in 2017 for all projects
square feet shall have a minimum of ten (10) percent of the parking area, that add at least 2000 square feet of
impervious surface. Require in all
maneuvering area, and loading space landscaped as a means to reduce the barren landscape areas? lust new construction?
appearance of the lot and to reduce the amount of stormwater runoff. Perimeter landscape areas over a certain square
footage? Under what conditions will soil
landscaping, required adjacent to property lines, shall not be calculated as part of amendments work best? May be best to
the ten 10 figure. match DOE requirements to avoid future
( ) Percent 9 ure. code conflicts.
B. All ingress or egress easements which provide corridors to the subject lot, not Comment[K4]:Create subheadingsand
9 P reorganize this section for better use
adjacent to a public right-of-way, shall be considered the same as a public right-of-
way. Landscape requirements for easement corridors shall be the same as those
required adjacent to public rights-of-way.
C. All outside storage areas shall be screened by fencing and landscaping a
minimum of five (5) feet in depth unless it is determined by development plan
review that Ouch screening is not necessary because stored materials are not Comment[k5]:Cite examples of when
visual) obtrusive. he five 5 foot deep landscaped area can occur within the this may not be necessary,such as when
Y O P P storage is in back of lot and fenced and
street right-of-way abutting the property line.) front yard landscaping suffices?
Comment[k6]:Delete-landscaping
D. All portions of a lot not devoted to building, future building, parking, storage, or should be on the private property.
accessory uses shall be landscaped in a manner appropriate to the stated purpose
of this chapter.
E. All required landscaping areas shall extend to the curbline or the street edge. A
crushed rock path in lieu of landscaping shall be required where appropriate as
determined by the planning department.1 Comment[k7]:Clarify Mat landscaping in
right-of-way does not satisfy landscaping
F. Required landscape areas which are inappropriate to landscape due to the requirements?
existence of rail lines or other features shall be relocated, first, to another lot line,
or second, to an equal-sized area in another portion of the lot, to be determined by
the planning department upon review with the owner or developer.
G. Bark mulch, gravel, or other nonvegetative material shall only be used in
conjunction with landscaping to assist vegetative growth and maintenance or to
5
visually complement plant material. Nonvegetative material is not a substitute for
plant material.
H. Required landscape areas shall be provided with adequate drainage.
I. Slopes shall not exceed a three (3) to one (1) ratio (width to height), in order to
decrease erosion potential and assist in ease of maintenance.
J. The perimeter of all parking areas(which abut residential zones or uses shall be Comment[k8]:Clarify that this does not
landscaped to a minimum depth of hree 3 feet with a II landscaping unless refer to single family/duplex parking
P P ( ) tYP P 9 areas. Maybe replace"areas' with"lots"?
otherwise provided by this chapter. A six (6) foot high solid wood or equivalent Comment[K9]:Require 5 feet instead?
fence is also required. (Substitute fencing, including but not limited to chainlink Difficult to plant Type II landscaping in an
fence with slats, may be approved by the planning director upon application of the area only 3'in depth.
Comment[k10]:Perhaps instead note
developer and adjacent residential property owners{when such fencing shall provide thatthe area should be landscaped
buffering consistent with the purpose and intent of this chapter. �he term "adjacent and/or fenced in a way that shields
residential zones or uses from lights and
residential property,"for purposes of this section, shall mean abutting property, provides aesthetic separation between the
and lots immediately adjacent to abutting property.1 us.?
Comment[K31]:Delete? Inconsistent
K. Landscaping shall t conflict with the of thin adjacent sidewalks with how flexibility granted to the
P 9 no con e safety those using )acen ewa Planning Director is handled in other
or with traffic safety. Safety features of landscaping shall be discussed at the time sections of code. The public comment
of development plan review, if necessary.) process is the appropriate venue for
neighbor input,not deviation requests.
Comment[n2]:Delete? It may only be
L. Quantity, arrangement, and types of plants installed shall be appropriate to the appropriate to consult residential property
size of the required landscape area and purpose of planting area as noted in KCC owners that may be impacted by parking
areas.
15.07.050 pertaining to types of landscaping. Comment[M]:Reference'Crime
Prevention Through Environmental Design
M. All trash containers shall be screened from abutting properties and streets by a (OPTED)"principles?
one hundred (100) percent sight-obscuring fence or wall and ' ppropriate
landscaping.) Comment[n4]:Require 3'or 5'deep
landscape areas(3'in order to provide
N. Landscaping shall be placed outside of sight-obscuring or one hundred (100) plantings such as arborvitae or othernarrow plantings)?
percent' fight-obscuring fences)unless it is determined by the planning department Comment[k15]:Reference"Crime
that such arrangement would be detrimental to the stated purpose of this chapter. Prevention Through Environmental Design
(CPTED)"principles?
O. All property abutting Highway 167 or Interstate 5 shall be I�mdscapedl to a Comment[k16]:Refer to a type of
minimum depth of ten (10) feet unless a larger area is required elsewhere in this landscaping?
chapter.
P. All property abutting East Valley Highway between South 180th Street on the
north to the SR167 overpass on the south shall be�andscapedl to a minimum depth Comment[k1]]:Refer to a type of
of fifteen (15) feet unless a larger area is required elsewhere in this chapter. landscaping?
Q. The use of native and drought tolerant, low water use plants shall be
incorporated into landscape design plans.
R. Landscape plans shall include where feasible a diversity of(native plant species I Comment[n8]:Or native adapteds?
which promote native wildlife habitat.
S. When(irrigation systems are incorporated into a landscaping area, the applicant Comment[n9]:Should these be
shall prepare a water use and conservation Ian for review and approval b the encouraged to promote healthy and
P P P PP y sustainable plantings?
public works department.
6
T. Landscaping adjacent to required biofiltration systems may be considered part of
any required landscaping areas, subject to approval by the planning director and
the public works department. Landscaping shall not be permitted within the
treatment area of a biofiltration system. The chosen vegetation shall not result in
any disruption of bioswale functions at any time.) Comment[k20]:Replace His language
with language that allows required
U. Landscaping buffers shall be required adjacent to an above round stormwater landscaping to be integrated with LID
P 9 q ) y 9 stormwater management facilities
facilities, as required in the city's construction standards, subject to the approval of (making sure the purpose or intent of
required landscaping is not compromised
the public works department.) and does not disrupt the function of the
LID facility).
V. The configuration and plant species of landscape areas on a site shall be Comment[IQ1]:Delete. Redundant with
designed so as to not disrupt the functions of stormwater systems. construction standards
W. The perimeter of all stormwater detention ponds shall be landscaped to a
minimum depth of ten (10) feet of type II landscaping. If perimeter fencing is
required based on public works department standards, it shall be constructed of
vinyl-coated chainlink or solid screen fencing. The fencing shall be located between
the pond and the landscape area.
(Ord. No. 2786, § 5, 6-21-88; Ord. No. 3409, § 44, 7-7-98; Ord. No. 3830, § 18,
3-6-07)
I15.O7.O5O Types of landscaping). Comment[IQ2]:Revise His section for
more feasibility and practicality? Ex:
Refine planting specs to include minimum
gallon size attune of planting;allow more
time for 100%sight obscuring
landscaping to grow(more than 2 years)
Type I Type II Type III Type IV Type V
Solid Screen Visual Screen Visual Buffer Low Cover Open Area
Purpose Type I Type II Type III Type IV Type V
landscaping landscaping landscaping landscaping landscaping is
is intended to is intended to is intended is intended to primarily
provide a create a to provide provide intended to
solid sight visual visual visual relief visually
barrier to separation separation of where clear interrupt large
totally that is not uses from sight is open spaces of
separate necessarily streets and desired or as parking areas.
incompatible one hundred main a
uses. (100) percent arterials and complement
sight- between to larger,
obscuring compatible more
between uses so as to predominant
incompatible soften the planting
uses. appearance materials.
of streets,
parking lots,
and building
7
facades.
Description Type I Type II Type III Type IV Type V
landscaping landscaping landscaping landscaping landscaping
shall consist shall be shall be shall consist shall consist of
of evergreen evergreen or evergreen of mixture trees planted
trees or tall a mixture of and of evergreen with supporting
shrubs with a evergreen deciduous and shrubs or
minimum and trees planted deciduous ground cover.
height of six deciduous not more shrubs and Each landscape
(6) feet at trees with than thirty ground area shall be of
planting, large shrubs (30) feet on cover, to sufficient size
which will and ground center provide solid to promote and
provide a one cover interspersed covering of protect growth
hundred interspersed with large the entire of plantings,
(100) with the shrubs and landscaping with a one
percent trees. A ground area within hundred (100)
sight- sight- cover. Where two (2) years square foot
obscuring obscuring used to of planting minimum (see
screen within fence will be separate and to be KCC
two (2) years required parking from held to a 15.07.040(A)).
from the unless it is streets, maximum (See also A and
time of determined plantings height of B below)
planting; or a by must create three and
combination development a visual one-half(3
of evergreen plan review barrier of at 1/2) feet
and that such a least forty- (see
deciduous fence is not two (42) definition of
trees and necessary. inchesin ground
shrubs (See also A. height at cover).
backed by B. and C time of
one hundred below) planting and
(100) form a solid
percent screen two
sight- (2) years
obscuring after
fence. planting.
(See also A.
B. and C
below)
8
Additional requirements for types II, III, and V are as follows:
(A) Evergreen trees shall be an average height of six (6) feet at planting. Deciduous
trees shall be the following sizes based on their'ppacingl: Comment[M]:And add language such
as:"or as appropriate for the species'
�(1) One (1) inch caliper: Ten (10) feet on center.
(2) Two (2) inch caliper: Twenty (20) feet on center.
(3) Three (3) inch caliper: Thirty (30) feet on center.
(4) Three and one-half(3 1/2) to five (5) inch caliper: Forty (40) feet on center. Comment[IQ4]:Delete? Spacing of trees
should depend of the species,not the size
(B) Ground cover shall be of sufficient size and spacing to form a solid cover within at time of planting.
two (2) years from the time of planting.
(C) The plantings and fence must not violate the sight area safety requirements at
street intersections.
(Ord. No. 3409, § 45, 7-7-98)
15.07.060 Regulations for specific districts.
Landscaping regulations for specific zoning districts are as follows:) Comment[IQ5]:Reference which type of
landscaping(from 15.07.050)would be
A. Residential agricultural, SR-1. None. most appropriate for each regulation.
B. Single-family residential, SR-3 through SR 8. None.
C. Duplex multifamily residential, MR-D. None.
D. Low density multifamily residential, MR-G.
Multifamily residential townhouse, MR-T.
Medium density multifamily residential, MR-M.
High density multifamily residential, MR-H.
1. A minimum of ten (10) feet of landscaping shall be provided abutting a public
right-of-way.
2. Open green area shall occupy no less than twenty-five (25) percent of the area
of the lot.
3. The side and rear perimeters of properties shall be landscaped to a minimum
depth of ten (10) feet.
4. A minimum of five (5) feet of foundation landscaping shall be placed along the
perimeter of any multifamily structure. Foundation landscaping consists of
shrubbery or some other combination of landscape materials that helps to reduce
the visual bulk of structures and buffer dwelling units from light, glare, and other
environmental intrusions.
9
E. Mobile home park combining district, MHP. Requirements shall be per the mobile
home park code.
F. Community commercial, CC.
Commercial manufacturing, CM.
General commercial, GC.
Professional and office district, O.
1. The perimeter of property abutting a residential district shall be(landscaped to a
minimum depth often (10) feed. Comment[kM]:Should fencing also be
required?Orjust where parking areas
2. A planting strip not less than five 5 feet in depth shall be provided along all abut residential district(as required in
P 9 P O P P 9 15.07.040.3).
property lines abutting public rights-of-way.
G. Downtown commercial, DC.
1. A minimum of three (3) feet of landscaping to screen off-street parking areas, Comment[IQ]]:Require 5'?
placement of which shall be determined through the downtown design review Comnent[i ]:Allow other methods of
process outlined In KCC 15.09.046. screening(such as architectural or
P fencing)that may be more appropriate
for urban setting?
2. Street trees in accordance with the official tree plan shall be planted.
H. Downtown commercial enterprise, DCE.
1. The perimeter of properties abutting a residential district shall be landscaped to a
minimum depth of ten (10) feet.
2. A minimum of hree (3) feet of landscaping to screen off-street parking areas, Comment[IQ9]:Require 5'?
placement of which shall be determined through the downtown design review Comment[K30]:Allow other methods of
process outlined In KCC 15.09.046. screening(such as architectural or
P fencing)that may be more appropriate
for urban setting?
3. Street trees in accordance with the official tree plan shall be planted.
I. Midway transit community-1 district, MTC-1.
1.Additional landscaping requirements. Landscaping requirements shall be
determined through the midway design review process outlined in KCC 12.01.040
and shall include the following to soften the appearance of parking areas, building
elevations, and separate:
a. The perimeter of properties abutting a single-family residential or mobile home
park land use shall be landscaped with minimally ten (10) feet of type I
landscaping.
b. The perimeter of properties abutting a multifamily residential land use shall be
landscaped with minimally five (5) feet of type II landscaping.
c. The perimeter of properties abutting a public right-of-way shall be landscaped
with minimally ten (10) feet of type III landscaping. The following exceptions apply:
10
i. When a vehicular parking area abuts such setback, a type III landscape strip with
an average of twenty (20) feet in depth shall be provided.
ii. When such setback is utilized as a public open space plaza and not accompanying
parking, no perimeter landscaping strip shall be required.
iii. When such setback is utilized as a public open space plaza and exceeds thirty
(30) linear feet, street trees shall be provided as set forth in the 2009 Design and
Construction Standards, or as the same may be subsequently amended.
d. The perimeter of side property lines shall be landscaped with minimally five (5)
feet of type III landscaping, unless the building is constructed at the build-to line or
property line.
J. Midway transit community-2 district, MTC-2.
1.Additional landscaping requirements. Landscaping requirements shall be
determined through the midway design review process outlined in KCC 12.01.040
and shall include the following to soften the appearance of parking areas, building
elevations, and separate:
a. The perimeter of properties abutting public parks, plazas, open space, or multi-
purpose trails shall be landscaped with minimally ten (10) feet of type III
landscaping.
b. When vehicular parking area abuts a public right-of-way, a type III landscaping
strip minimally five (5) feet in depth shall be provided.
c. When vehicular parking area abuts the side property lines, a type III landscaping
strip minimally ten (10) feet in depth shall be provided.
K. Midway commercial/residential, VCR.
1.Additional landscaping requirements. Landscaping requirements shall be
determined through the midway design review process outlined in KCC 12.01.040
and shall include the following to soften the appearance of parking areas, building
elevations, and separate:
a. When buildings abut the required front yard, a type III landscaping strip
minimally ten (10) feet in depth shall be provided.
b. When vehicular parking area abuts a public right-of-way, a type III landscaping
strip minimally fifteen (15) feet in depth shall be provided.
c. When vehicular parking area abuts the side property lines, a type III landscaping
strip minimally ten (10) feet in depth shall be provided.
L. Industrial agricultural, VA (industrial uses) and Agricultural general district, AG.
Industrial park district, V 1.
11
1. Front yard. The front twenty (20) feet shall be improved with appropriate
permanently maintained landscaping.
2. Side yard. At least fifteen (15) feet of the side yard shall be landscaped as
provided in subsection (L)(1) of this section.
M. Limited industrial district, M2.
1. Front yard. The front fifteen (15) feet shall be improved with appropriate
permanently maintained landscaping.
2. Side yard. At least ten (10) feet of the side yard shall be landscaped as provided
in subsection (M)(1) of this section.
N. General industrial district, M3.
1. Front yard. The front ten (10) feet shall be improved with appropriate
permanently maintained landscaping.
2. Side yard. At least five (5) feet of the side yard shall be landscaped as provided
in subsection (N)(1) of this section.
O. Gateway commercial district, GWC.
1.Additional landscaping requirements. Landscaping requirements shall include the
following:
a. Where buildings abut the required front yard, a landscape strip at least fifteen
(15) feet in depth shall be provided. Where vehicular parking areas abut the
required front yard, a landscape strip at least twenty (20) feet in depth, with an
earth berm at least thirty-six (36) inches in height, shall be provided.
b. A landscape strip at least five (5) feet in depth shall be provided along the side
property lines of all independent development sites. No landscaping along the side
property lines shall be required between adjacent properties where a common,
shared driveway with a perpetual cross-access easement is provided to serve the
adjoining properties. Where the side property line of a commercial use abuts a
residential district, a landscape strip at least ten (10) feet in depth shall be
provided.
c. A landscape strip of at least fifteen (15) feet in depth shall be provided along side
property lines flanking the street of a corner lot. Where vehicular parking areas
abut the required side yard, an earth berm at least twenty-four (24) inches in
height shall be provided.
J. A landscape strip of at least five (5) feet in depth shall be provided along all rear
property lines. Where the rear property line of a commercial use abuts a residential
use, a landscape strip of at least ten (10) feet in depth shall be provided.
Comment[k3l]:Are the current
P. VVeighborhood convenience commercial, NCCJ. requirements for Ncc supportive of Ncc
uses?Or should we allow flexibility by Hie
director if properties transition by oMer
means into the neighborhood?
12
1.Additional landscaping requirements. Landscaping requirements shall include the
following:
a. A landscape strip of at least ten (10) feet in depth shall be provided in the front
yard. If a drive or parking aisle abuts the front yard, the required landscaping shall
be augmented by an earth berm of at least thirty-six (36) inches in height.
b. A landscape strip of at least five (5) feet in depth shall be provided along the
side property lines of all independent development sites. No landscaping along the
side property lines shall be required between adjacent properties where a common,
shared driveway with a perpetual cross-access easement is provided to serve the
adjoining properties. Where the side property line of a commercial use abuts a
residential district or use, a landscape strip of at least ten (10) feet in depth shall
be provided.
c. A landscape strip of at least ten (10) feet in depth shall be provided along side
property lines flanking the street of a corner lot. Where vehicular drive aisles or
parking areas abut the required side yard, an earth berm of at least twenty-four
(24) inches in height shall be provided.
J. A landscape strip of at least five (5) feet in depth shall be provided along all rear
property lines. Where the rear property line of a commercial use abuts a residential
district or use, a landscape strip of at least ten (10) feet in depth shall be provided.
(Ord. No. 3050, §§ 8, 9, 7-7-92; Ord. No. 3409, § 46, 7-7-98; Ord. No. 3439, § 5,
2-2-99; Ord. No. 3470, § 13, 8-17-99; Ord. No. 3543, § 11, 2-20-01; Ord. No.
3612, § 6, 8-6-02; Ord. No. 3648, § 8, 7-1-03; Ord. No. 3770, § 13, 11-15-05;
Ord. No. 4011, § 21, 12-13-11)
15.07.070 Maintenance of landscaping.
A. Pequired. Whenever landscaping is or has been required in accordance with the Camment[k32]:Add language that
isif this title addition or amendments to this title, or in accordance requires maintenance to apply to
provisions o e or any landscaping for LID storm.ter
with the provisions of any previous code or ordinance of the city, the landscaping management systems.
shall be permanently maintained in such a manner as to accomplish the purpose for
which it was initially required.
B. Notice of violation. The planning manager or his or her designee is hereby
authorized and empowered to notify the owner of any property required to be
landscaped, or the agent, tenant, lessee, or assignee of any such owner, that the
landscaping is not being adequately maintained and the specific nature of such
failure to maintain. The notice shall specify the date by which the maintenance
must be accomplished, and shall be sent by certified mail, addressed to the owner
at his last known address.
C. Action upon noncompliance.
1. Upon the failure, neglect, or refusal of any owner or agent so notified to perform
the required maintenance within the time specified in the written notice, or within
fifteen (15) days after the date of such notice if the notice is returned to the city by
13
the post office department because of inability to make delivery thereof, provided
the notice was properly addressed to the last known address of the owner or agent,
the planning manager or his or her designee is hereby authorized and empowered
to cause the required maintenance to be done and provide for payment of the cost
thereof, with the cost to be collected or taxed against the property affected as
provided in this section.
2. Nothing in this section shall prevent the planning manager or his or her designee
from taking action as provided in KCC 15.09.090.
D. Charge for maintenance by city to be included in tax bill. When the city has
performed landscape maintenance or has paid for such maintenance, the actual
cost thereof, plus accrued interest at the rate of eight (8) percent per annum from
the date of the completion of work, if not paid by such owner prior thereto, may be
charged to the owner of such property on the next regular tax bill forwarded to
such owner by the city, and if so charged shall be due and payable by the owner at
the time of payment of such bill.
E. Lien for payment of charges. If the full amount due the city is not paid by such
owner within thirty (30) days after performance of the maintenance as provided for
in subsection (C) of this section, then, in that case, the planning manager or his or
her designee may cause to be recorded in the office of the supervisor of treasury
accounting a sworn statement showing the cost and expense incurred for the work,
the date the work was done, and the legal description of the property on which the
work was done. The recording of such sworn statement shall constitute a lien and
privilege on the property, and shall remain in full force and effect for the amount
due in principal and interest, plus court costs if any, until final payment has been
made. The costs and expenses shall be collected in the manner fixed by law for the
collection of taxes and further shall be subject to a delinquent penalty of eight (8)
percent per annum if the costs and expenses are not paid in full on or before the
date the tax bill upon which the charge appears become delinquent. Sworn
statements recorded in accordance with the provisions of this subsection shall be
prima facie evidence that all legal formalities have been complied with and that the
work has been done properly and satisfactorily, and shall be full notice to every
person concerned that the amount of the statement plus interest constitutes a
charge against the property designated or described in the statement and that the
charge is due and collectible as provided by law.
F. Alternative methods of collection of charges. In addition to or in lieu of the
provisions of subsections (D) and (E) of this section, the city may, at its option and
pursuant to Chapter 19.16 RCW, use a collection agency to collect unpaid charges,
interest, and penalties owed or assessed pursuant to this chapter, or the city may
seek collection by court proceedings, which remedies shall be in addition to all other
remedies. Connnent[k33]:Delete and reference
Chapt. 1.04 Code Enforcement instead for
(Ord. No. 3658, § 4, 9-2-03) consistency.
5\Permlt\Plan\ ONING_CODE_AMEND MEN T3\2012\CA2012-3 KCC 15.0]\WPB\10-0-12\PotentalAmendmenGfhapter15.07doc