HomeMy WebLinkAbout3254Ordinance No. 3254
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Repealed by Ord. 3409
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Section
15.04.170 of the Kent Zoning Code to allow
drive-through eating establishments as
principally permitted uses in the Ml -C zone
and to reduce the minimum lot size for land
' within the Ml -C zone to 10,000 square feet.
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WHEREAS, on August 24, 1995, the City received an
application for regulatory review of the principally permitted
+'uses in the MI -C zone; and
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WHEREAS, the applicant's request was to allow drive-in
f' eating establishments as principally permitted uses in the M1 -C
zone and to reduce the minimum lot size for land in the Ml -C
zone; and
WHEREAS, the Planning Commission considered the
applicant's request at a workshop October 9, 1995; and
WHEREAS, the Planning Commission held a public hearing
to consider expanding the principally permitted uses in the M1 -C
zone to allow drive-through eating facilities and to reduce the
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lkminimum lot sizes for land in the M1 -C zone to 10,000 square
feet; and
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WHEREAS, the Planning Commission voted to approve the
! zoning code amendment to allow drive-through eating
iestablishments as principally permitted uses in the Ml -C zone and
to reduce the minimum lot size for land in the Ml -C zone to
10,000 square feet; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
r.!,HEREBY ORDAIN AS FOLLOWS:
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SECTION I. Section 15.04.170 of the Kent City Code is
(hereby amended to read as follows:
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Sec. 15.04.170. Industrial park district, M1 or M1 -C.
The purpose of the M-1 district is to provide an
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environment exclusively for and conducive to the development and
'protection of a broad range of industrial activities, including
modern, large scale administrative facilities, research
institutions and specialized manufacturing organizations, all of
;a non -nuisance type. This district is intended to provide areas
for those industrial activities that desire to conduct business
in an atmosphere of prestige location in which environmental
amenities are protected through a high level of development
standards. It is also the purpose of this zone to allow certain
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i'limited commercial land uses that provide necessary personal and
business services for the general industrial area. Such uses are
allowed in the M1 district, through the application of the "C''
suffix, at centralized, nodal locations where major arterials
intersect.
A. Principally permitted uses, M1 district. The
;following list is illustrative of the types of permitted uses and
i is not intended to be exclusive:
1. Manufacturing, processing, assembling and
!packaging of articles, products or merchandise from previously
prepared natural or synthetic materials, including but not
limited to asbestos, bristles, bone, canvas, cellophane and
similar synthetics, chalk, clay (pulverized only, with gas or
'electric kilns), cloth, cork, feathers, felt, fiber, fur, glass
(including glass finishing), graphite, hair, horn, leather,
!!paints (except boiling processes) paper, paraffin, plastic and
4lr resins, precious or semiprecious metals or stones, putty, pumice,
rubber, shell, textiles, tobacco, wire, wood, wool and yarn.
2. Manufacturing, processing, treating,
assembling and packaging of articles, products or merchandise
from previously prepared ferrous, nonferrous or alloyed metals
(such as bar stock sheets, tubes, and wire and other extrusions),
including light foundry casting and forging operations and other
forming operations.
3. Printing, publishing and allied industries,
including such processes as lithography, etching, engraving,
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!binding, blueprinting, photocopying, film processing and similar
operations or activities.
4. Manufacturing, processing, blending and
!packaging of the following:
a. Drugs, pharmaceuticals, toiletries and
cosmetics.
b. Food and kindred products, such as
confectionery products, chocolate, cereal breakfast foods, bakery.
products, paste products, fruits and vegetables, beer, beverages
(except fermenting and distilling), prepared food specialties
(such as coffee, dehydrated and instant foods, extracts, spices
;and dressings) and similar products.
C. Dairy products and byproducts, such as
jmilk, cream, cheese and butter, including the processing and
bottling of fluid milk and cream and wholesale distribution.
5. Warehousing and distribution facilities and
the storage of goods or products, except for those goods or
Il products specifically described as permitted to be stored only as
conditional uses in the M3 district.
6. Crop and tree farming.
7. Administrative or executive offices which are
part of a predominant industrial operation.
8. Scientific research, testing and experimental
development laboratories.
9. Establishments engaged in electronic,
automotive, aerospace, missile, airframe or related manufacturing
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and assembly activities, including precision machine shops
producing parts, accessories, assemblies, systems, engines, major
components and whole electronic or electrical devices,
automobiles, aircraft, missiles, aerospace or underwater
vehicles, or similar products, including research and test
facilities, but specifically excluding explosive fuels and
propellants.
10. Manufacturing, processing, assembling and
packaging of precision components and products, including
precision machine shops for products such as radio and television
!'equipment, business machine equipment, home appliances,
scientific, optical, medical, dental and drafting instruments,
photographic and optical goods, phonograph records and
prerecorded audiovisual tape, measurement and control devices,
sound equipment and supplies, personal accessories, and products
of similar character.
11. Headquarters offices of industrial
operations.
12. Alcoholic beverage processes, such as
distilling and fermenting.
13. Retail uses as follows:
a. Merchandise vending machine operators.
j' b. Tires, batteries and accessories for
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industrial vehicles and equipment.
C. Eating places, except drive-ins or those
,with drive-in or drive-through facilities.
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d. Bulk retail uses which provide goods for
regional retail and wholesale markets; provided that each use
occupy no less than forty-three thousand five hundred sixty
(43,560) square feet of gross floor area.
14. Administrative, professional, medical,
financial and business offices and services, including but not
limited to the following:
a. Finance, insurance and real estate
services.
related services.
related services.
related services.
management services.
related services.
developing services.
(1) Banking and related services.
(2) Security brokers and dealers and
(3) Commodity brokers and dealers and
(4) Insurance carriers.
(5) Insurance brokers and agents and
(6) Real estate operators, lessors and
(7) Real estate agents and brokers and
(8) Real estate subdividing and
(9) Housing and investment services.
b. Personal services.
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(1) Linen supply and industrial laundry
services.
!� (2) Diaper services.
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(3) Rug cleaning and repair services.
(4) Photographic services.
(5) Beauty and barber services.
(6) Fur repair and storage services.
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C. Business services.
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(1) Advertising services.
j (2) Outdoor advertising services.
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(3) Consumer and mercantile credit
jreporting services, and adjustment and collection services.
(4) Direct mail advertising services.
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(5) Stenographic services and other
duplicating and mailing services.
(6) Window cleaning services.
(7) Disinfecting and exterminating
services.
(8) News syndicate services.
(9) Employment services.
(10) Food lockers, with or without food
preparation facilities.
(11) Business and management consulting
services.
(12) Detective and protective services.
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services.
services.
(13) Equipment rental and leasing
(14) Automobile and truck rental
(15) Motion picture distribution
services.
(16) Travel agencies.
d. Repair services.
(1) Electrical repair services.
(2) Radio and television repair
,services.
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(3) Reupholstery and furniture repair
; services.
(4) Armature rewinding services.
e. Professional services.
(1) Medical and dental laboratory
R services.
c services.
'services.
bookkeeping services.
(2) Legal services.
(3) Engineering and architectural
(4) Educational and scientific research
(5) Accounting, auditing and
(6) Urban planning services.
(7) Counseling services.
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;!contractor services.
conditioning services.
decorating services.
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jjand plastering services.
organizations.
facilities.
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Contract construction services.
(1) Building construction, general
(2) Plumbing, heating and air
(3) Painting, paperhanging and
(4) Electrical services.
(5) Masonry, stonework, the setting
(6) Carpentering and wood flooring.
(7) Roofing and sheetmetal services.
(8) Concrete services.
(9) Water well drilling services.
Educational services.
(1) Vocational or trade schools.
(2) Business and stenographic schools.
(3) Driving schools, truck.
Miscellaneous services.
(1) Business associations and
(2) Labor unions and similar labor
(3) Health and fitness clubs and
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Other service uses are permitted which may be
deemed by the planning director to be of the same general
character as and compatible with those uses listed in this
subsection.
15. Gymnastic schools and similar uses.
16. Indoor paintball.
17. Other similar uses which the planning
director finds compatible with the principally permitted uses
described in this subsection, consistent with the purpose and
intent of the Ml district and not of a type to adversely affect
!the use of adjoining properties.
18. Existing dwellings may be rebuilt, repaired
and otherwise changed for human occupancy. Accessory uses for
existing dwellings may be constructed. Such uses are garages,
:carports, storage sheds and fences.
19. Municipal uses and buildings, except for such
'uses and buildings subject to section 15.04.200.
B. Principally permitted uses in Ml -C district ("C"
suffix). The following commercial uses are permitted in addition
Ito those listed in subsection A. of this section on properties
designated with the "C" suffix pursuant to procedures specified
in section 15.09.050. This list is intended to be illustrative of
'',the types of commercial uses permitted.
1. Automotive service, maintenance and repair
facilities.
2. Bakeries and confectioneries.
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3. Computer and software stores.
4. Convenience and deli marts, with a maximum
gross floor area of three thousand (3,000) square feet.
5. Convention facilities.
6. Exhibition halls and art galleries.
7. Hotel or motel.
8. Liquor stores.
9. Magazine and newspaper stands.
10. Printing services.
11. Private post offices.
12. Shoe repair.
13. Stationery and office supply stores.
14. Tailoring.
15. Eating establishments including drive-in or
drive-through eating facilities.
Other similar uses are permitted which the
planning director finds compatible with the principally permitted
uses described in this subsection, consistent with the purpose
and intent of the M1 district and not of a type to adversely
affect the use of adjoining properties.
C. Special permit uses. The following uses are
permitted provided they conform to the development standards
listed in section 15.08.020:
1. Gasoline service stations, with or without
retail convenience grocery sales.
2. Nursery schools and day care centers.
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j D. Accessory uses. The following are the accessory
I uses permitted in the Ml district:
i 1. Repair operations for products as described
as principally permitted uses, and sales and service incidental
to a principally permitted use, provided such operations are
housed as a part of the buildings comprising the basic operation.
2. Dwelling units, limited to not more than one
(1) per establishment, for security or maintenance personnel and
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their families, when located on the premises where they are
i' employed in such capacity. No other residential use shall be
I; permitted.
.3 L"Ill�I1V�/CC tCI;tCGLL1V11 ia�.il.i�ico uilu Ny`'`Y
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areas.
4. Restaurant, cafe or cafeteria operated in
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conjunction with a principally permitted use for the convenience
of persons employed on the premises.
5. Nursery schools and day care facilities
operated in conjunction with a permitted use.
6. For permitted uses, hazardous substance land
uses, including onsite hazardous waste treatment or storage
ifacilities, which are not subject to cleanup permit requirements
of chapter 11.02 and which do not accumulate more than twenty
thousand (20,000) pounds of hazardous substances or wastes or any
combination thereof at any one (1) time on the site, subject to
the provisions of section 15.08.050. Offsite hazardous waste
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treatment or storage facilities are not permitted in this
district, except through a special use combining district.
7. Other accessory uses and buildings
'customarily appurtenant to a principally permitted use.
8. The following are accessory uses which are
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allowed only in the Ml -C district in cases where development
;plans demonstrate a relationship between these uses and the
(principal uses of the property:
a. Gift shops.
b. Florist shops.
C. Specialty clothing stores.
E. Conditional uses. The following are the types of
!conditional uses permitted in the M1 district, subject to
approval by the hearing examiner. The list of conditional
permitted uses is illustrative of the types of uses which shall
be permitted, and is not intended to be exclusive:
1. Any principally permitted use whose
operations are predominantly conducted out-of-doors rather than
'completely enclosed within a building.
2. Any type of principally permitted use whose
I' operations are predominantly for the repair of products described
rather than the manufacturing or processing of such products.
3. General conditional uses as listed in section
15.08.030.
4. Car loading and distribution facilities, and
rail -truck transfer stations.
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5. Manufacturing of paint.
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6. For permitted uses, accessory hazardous
=substance land uses which are not subject to cleanup permit
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requirements of chapter 11.02 and which accumulate more than
jtwenty thousand (20,000) pounds of hazardous substances or wastes
or any combination thereof at any one (1) time on the site,
subject to the provisions of section 15.08.050. Offsite hazardous
'!waste treatment or storage facilities are not permitted in this
district, except through a special use combining district.
F. Development standards.
1. Minimum lot. Minimum lot area is one (1)
lacre, except on lands zoned M1 C where the minimum lot size may
;gibe 10,000 square feet.
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2. Maximum site coverage. Maximum site coverage
is sixty (60) percent.
3. Yards generally.
a. Front yard. The minimum front yard
°setback shall be related to the classification of the adjacent
street. This classification shall be determined by the city
transportation engineer. The setbacks are as follows:
(1) Properties fronting on arterial and
collector streets shall have a minimum setback of forty (40)
feet.
(2) Properties fronting on local access
streets shall have a minimum setback of thirty (30) feet.
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b. Side yard on flanking street of corner
ii lot. The minimum side yard on the flanking street of a corner lot
shall be related to the classification of the adjacent street.
This classification shall be determined by the city
transportation engineer. The setbacks are as follows:
(1) Properties fronting on arterial and
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collector streets shall have a minimum setback of forty (40)
feet.
(2) Properties fronting on local access
streets shall have a minimum setback of thirty (30) feet.
C. Side yards. The side yards shall have an
=aggregate width of ten (10) percent of the lot width, but the
i -aggregate width need not be more than forty (40) feet. There
Shall be a minimum of fifteen (15) feet on each side.
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d. Rear yard. No rear yard is required,
except as may be required by other setback provisions of this
section.
4. Yards, transitional conditions. Transitional
conditions shall exist when an industrial park Ml district
adjoins a residential district containing a density of two (2)
11 dwelling units or more per acre or a proposed residential area
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;indicated on the city comprehensive plan. Such transitional
;conditions shall not exist where the separation includes
intervening use such as a river, freeway, railroad main line,
major topographic differential or other similar conditions, or
:where the industrial properties face on a limited access surface
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street on which the housing does not face. When transitional
conditions exist as defined in this subsection, a yard of not
less than fifty (50) feet shall be provided.
5. Setbacks, Green River. Development in the M1
district abutting the Green River, or Russell Road or Frager Road
where such roads follow the river bank, shall be set back from
the ordinary high-water mark of the river a minimum of two
hundred (200) feet. Such setbacks are in accordance with the
state Shoreline Management Act of 1971, and shall be no more
restrictive than, but as restrictive as, the Shoreline Management
Act.
6. Height limitation. The height limitation is
two (2) stories or thirty-five (35) feet. Beyond this height, to
a height not greater than either four (4) stories or sixty (60)
feet, there shall be added one (1) additional foot of yard for
each one (1) foot of additional building height. The planning
director shall be authorized to approve one (1) additional story,
provided such height does not detract from the continuity of the
industrial area, and may impose such conditions as may be
necessary to reduce any incompatibility with surrounding uses.
Any additional height increase may be granted by the planning
commission.
7. Landscaping. The landscaping requirements of
chapter 15.07 shall apply. Where building walls face adjacent
streets and are unfenestrated for more than forty (40) feet at
any point along the facade, additional landscaping shall be
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required to reduce visual impacts. In such circumstances, type II
landscaping as defined in section 15.07.050 shall be required,
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11provided that evergreen trees shall be at least ten (10) feet in
height and deciduous trees shall be a minimum of two-inch caliper
fat time of planting.
8. Enclosure of activities. Predominant
Ijactivities and operations shall be completely enclosed within
1'buildings or structures, except for customary appurtenances such
4as loading and unloading areas, or where special conditions exist
ias a result of a conditional use public hearing. The planning
,;director shall be authorized to determine the reasonable
,application of this provision in cases of operational hardship or
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other showing of uncommon circumstances.
9. Outside storage or operations yards. Outside
storage or operations yards in the Ml zone shall be permitted
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(only as accessory uses. Such uses are incidental and subordinate
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-to the principal use of the property or structure. Outside
storage or operations yards shall be confined to the area to the
rear of the principal building or the rear two-thirds of the
;!property and reasonably screened from view from any property line
='by appropriate walls, fencing, earth mounds or landscaping.
,Outside storage exceeding a height of fifteen (15) feet shall be
so placed on the property as to not detract from the reasonably
accepted appearance of the district.
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10. Loading areas.
a. Loading areas must be located in such a
;manner that no loading, unloading or maneuvering of trucks
jassociated therewith takes place on public rights-of-way.
{ b. Earth berms and landscaping shall be
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,provided along street frontages as necessary to screen dock -high
iloading areas from public rights-of-way. Berms shall be a minimum
of thirty-six (36) inches and a maximum of forty-two (42) inches
iin height. Landscaping located on the berm shall conform to type
VIII landscaping as described in subsection 15.07.050 C.
11. Multitenant buildings. Multitenant buildings
shall be permitted.
I 12. Improvement and maintenance of yards and open
space. All required yards, parking areas, storage areas,
;operations yards and other open uses on the site shall be
maintained in a neat and orderly manner appropriate for the
,district at all times. The planning director shall be authorized
to reasonably pursue the enforcement of this subsection where a
;use is in violation, and to notify the owner or operator of the
,use in writing of such noncompliance. The property owner or
operator of the use shall be given a reasonable length of time to
correct the condition.
G. Signs. The sign regulations of chapter 15.06 shall
apply. Signage on commercial uses in the Ml -C zone shall be as
specified in subsection 15.06.050 B.
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H. Offstreet parking.
1. The offstreet parking requirements of chapter
15.05 shall apply.
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;i 2. Those areas not required to be landscaped may
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be used for offstreet parking.
I. Performance standards. The performance standards
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I as provided in section 15.08.050 shall apply.
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J. Development plan review. Development plan approval
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j, is required as provided in section 15.09.010.
SECTION 2. Severability. If any section, sentence,
iclause or phrase of this ordinance should be held to be invalid
:or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity
'or constitutionality of any other section, sentence, clause or
i, phrase of this ordinance.
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SECTION 3. Effective Date This ordinance shall
'take effect and be in force thirty (30) days from and after its
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;passage, approval and publication as provided by law.
1ATTEST:
BRENDA JACOBER, CI CLERK
:�I'APPROVED AS TO FORM:
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ROAR A. LUBOVICH, CITY ATTORNILN,
PASSED
day of 1995
APPROVED day of 1995.
PUBLISHED day of 1995.
I hereby certify that this is a true copy of Ordinance
No.
passed by the City Council of the City of Kent,
�IWashington, and approved by the Mayor of the City of Kent as
hereon indicated.
(SEAL)
BRENDA JACOaER, CITY CLERK
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