HomeMy WebLinkAbout3285Ordinance No. 3285
(Amending or Repealing Ordinances)
CFN=131 — Zoning Codes
Passed 3/19/1996
Regarding Zoning Setback Requirements for Hazardous Substance Land Uses
and Amending KCC Sec. 15.08.050(D)(9)(b)(3)
Amended by Ord. 3916
ORDINANCE NO.
�S
AN ORDINANCE of the City Council of the
City of Kent, Washington, regarding zoning
setback requirements for Hazardous Substance
Land Uses and amending Kent City Code Section
15.08.050 (D) (9) (b) (3) .
WHEREAS, the City allows hazardous substances land uses
outright in the M2 (Limited Industrial) and M3 (General
Industrial) zoning districts; and
i
WHEREAS, a portion of the Interurban Trail runs through
Ithe center of the M2 and M3 industrial districts; and
WHEREAS, the setback restriction for hazardous
L substance land uses from "public recreation areas" is 1/4 mile
resulting in a portion of the Interurban Trail being inaccessible
in the absence of a variance; and
WHEREAS, the City has consistently granted variances
for hazardous substance land uses in the M2 and M3 industrial
districts; and
WHEREAS, the City has been able to address any
11
environmental impacts associated with the hazardous substance
land uses in the M2 and M3 industrial districts through the SEPA
process; and
WHEREAS, the requirement for a variance from the 1/4
mile setback restriction is impractical given the Interurban
Trail's course through the M2 and M3 industrial districts; NOW,
THEREFORE,
i
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
i
SECTION 1. Section 15.08.050(D)(9)(b)(3) of the Kent City
Code is hereby amended as follows:
9. Hazardous substances or wastes. No release of hazardous
substances or wastes as can contaminate any water supply,
,i
interfere with bacterial processes in sewage treatment or
otherwise cause the emission of dangerous or offensive elements
shall be permitted at any point into any public sewer, private
sewage disposal system, watercourse or water body, or the ground,
except in accordance with standards approved by the state
department of ecology or other appropriate state or federal
agency. The relevant provisions of federal, state and local laws
and regulations shall apply, and compliance shall be certified by
applicants for permits under this title. The following site
j development standards shall apply:
a. Hazardous waste facilities shall meet the location
standards for siting dangerous waste management
2
r
facilities adopted pursuant to RCW ch. 70.105;
b. Hazardous substance land use facilities shall be
located at least:
(1) Two hundred (200) feet from unstable soils or
slopes which are delineated on the hazard
area development limitations map or as may be
more precisely determined per subsection
15.08.224 B.;
(2) Two hundred (200) feet from the ordinary
high-water mark of major or minor streams or
lakes which are delineated on the hazard area
development limitations map or as may be more
precisely determined per subsection 15.08.224
B., shorelines of statewide significance, or
shorelines of the state;
(3) One-quarter mile from public parks, public
recreation areas or natural preserves, or
state or federal wildlife refuges, provided
that for purposes of this section public
recreation areas does not include public
trails;
(4) Fifty (50) feet from any property line to
serve as an onsite hazardous substance land
use facility buffer zone;
3
(5) Five hundred (500) feet and one hundred (100)
feet from a residential zone and a
residential unit respectively; and
(6) Five hundred (500) feet from a public
gathering place or agricultural land or zone,
in the case of a nonagricultural hazardous
substance land use facility;
SECTION 2. If any one or more sections, sub -sections,
or sentences of this Ordinance are held to be unconstitutional or
invalid, such decision shall not affect the validity of the
remaining portion of this Ordinance and the same shall remain in
full force and effect.
SECTION 3. This Ordinance shall take effect and be in
force thirty (30) days from and after its passage, approval and
publication as provided by law.
AA
ATTEST:
r
�D ONNH SW9LJ �E Pu TY—
„�, T TT-eeBPTI CITY CLERK
0!
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY 4TTOT�NEY�
" PASSED day of 6"L" 1996.
'i
APPROVED (720 day of �ri'L� nr �i� 1996.
PUBLISHED cQCl) day of 1996.
I hereby certify that this is a true copy of Ordinance
No. kgs, passed by the City Council of the City of Kent,
;Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
( S EAL )
„y
, CITY CLERK D E PuTu
-DOA)/IJ/9 SWA W
i
5