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HomeMy WebLinkAbout4011ORDINANCE No.1/0// AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 12.01 of the Kent City Code, and Title 15 of the Kent City Code to implement the objectives of the Midway Subarea Plan. CPZ-2007-2 RECITALS A. On December 11, 2007, the City of Kent city council accepted a Competitive Growth Management Act Planning Grant awarded by the State of Washington Department of Community Trade and Economic Development (CTED) (now named Department of Commerce) to conduct a subarea planning effort along the Pacific Highway South transportation corridor in collaboration with the City of Des Moines. The impetus for the collaborative planning effort was the future extension of Sound Transit Link Light Rail service into Midway. B. The Council Members of the Kent Planning & Economic Development Committee and the Des Moines Financial & Economic Development Committee established the Joint Advisory Committee and met on February 11, 2008 and February 20, 2008 to define the study area boundaries, create a mission statement, and define goals of the project. C. On May 6, 2008, the city council authorized the Mayor to sign an Interlocal Agreement between the City of Kent and the City of Des 1 Midway Moines that articulated the project mission, defined the goals and study area boundary, and contained the Growth Management Act Planning Grant's deliverables, a budget agreement, and a record keeping and reporting process. D. The Kent Comprehensive Plan goals and policies support a land use pattern that will facilitate a multimodal transportation system and provide efficient public services. E. The city council's vision statement and strategies support the creation of richly diverse neighborhood urban centers. F. The Midway Subarea Plan supports the future extension of Sound Transit Link Light Rail service in the vicinity of the Pacific Highway South transportation corridor through dense, high quality, pedestrian- friendly development near transit stations. G. Development regulations must be consistent with and implement the comprehensive plan as provided by RCW 36. 70A.040(3). The development regulations implement the goals and policies of the Midway Subarea Plan. H. On October 14, 2010, the City provided to the Washington State Department of Commerce via e-mail the required sixty (60) day notification under RCW 36. 70A.106 regarding the development regulations. I. On February 13, 2010, the City's State Environmental Policy Act (SEPA) responsible official issued a Determination of Significance (DS)/Scoping Notice for the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action Environmental Impact Statement, solicited public comment through a February 22, 2010 open house meeting, and invited comments during the scoping period which closed March 8, 2010. 2 Midway A Draft Environmental Impact Statement (DEIS) was issued on October 22, 2010. A public hearing regarding the DEIS was held on December 6, 2010. A Final Environmental Impact Statement was issued on September 1, 2011. J. The Midway Subarea Plan and its implementing regulations involved extensive public participation, called Envision Midway, that was designed as an iterative process with each group's input folded into the next group's meeting in an effort to solicit ideas and comments on existing land use policies and future commercial and residential land use options, development standards, and infrastructure needs. The public outreach included the following: Stakeholders Committee meetings on May 21, 2008, June 18, 2008, September 24, 2008, and November 12, 2008; Developers Forum on July 30, 2008 and September 17, 2009; Public open house meetings on May 28, 2008 and March 18, 2009, and Public workshops on July 9, 2008 and October 15, 2008. Furthermore, staff presented the project and received comments at the Kent West Hill Neighborhood meeting on April 9, 2008. K. City of Kent and City of Des Moines leadership were also involved in the Envision Midway public outreach in the following manner: Kent and Des Moines Joint Advisory Committee meeting on January 12, 2009; Land Use and Planning Board meetings on November 10, 2008 and September 14, 2009; Kent City Council workshops on February 17, 2009, August 18, 2009, August 17, 2010, and September 20, 2011; and Kent City Council Economic and Community Development Committee meeting on July 12, 2010. L. The Land Use and Planning Board held a workshop on the development regulations on March 8, 2010. 3 Midway M. The Land Use and Planning Board held its first public hearing on the development regulations on April 26, 2010, and following a public hearing on December 6, 2010 made a recommendation to the city council to approve amendments to Title 12 and Title 15. N. The Economic and Community Development Committee considered the Land Use and Planning Board's recommendation and other related study area issues at a meeting on November 14, 2011. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. -Incorporation of Recitals. The preceding recitals are incorporated herein by this reference and constitute the council's findings on this matter. SECTION 2. -Amendment. Section 12.01.040(A) of the Kent City Code is amended as follows: Sec. 12.01.040(A). Project permit application framework. A. Process types. The following table lists the process types, the corresponding applications, and parenthetically, the corresponding final decision maker and appellate body. 4 Midway Process I Process II Process III Process IV Process Process VI v Applications: Zoning permit review (I) Administrative Conditional use Planned unit Final Zoning of newly (7) design review (I) permit(5) (10) development (6) plat (6) annexed lands (6) (7) (I 0) with change (IO) (IO) of use Performance standards Shoreline Sign variance (5) Special use Area-wide rezones to procedures (I) (7) substantial (10) combining implement new city development district (6) (10) policies (6) (10) permit (1)(9) Sign permit (I) (7) Accessory dwelling Special home Rezone (6) (IO) Comprehensive plan unit permit (t) (7) occupation amendments (6) (10) permit (5)(10) Lot line adjustment (I) (7) Administrative Variance (5) (IO) Development variance (I) (7) regulations (6) (10), Administrative Downtown design Shoreline Zoning map interpretation (I) (7) review, all except conditional use amendments (6) (10) for minor remodels permit (5)(9) (3) (7) Application conditional Downtown design Shoreline Zoning text certification multifamily review, only minor variance (5) (9) amendments (6) (10) tax exemption ( 1) (8), all remodels (I) (7) other multifamily tax exemption (I) (7) Development plan review ~gn Preliminary plat (planning IHB-Hftgef re'i~ll' (I )(7) (5) (8) director, building official, or public works director) (7) Administrative Multifamily design approval/WTF (I) (7) review (I) (7) Mobile home park closure Binding site plan Planned unit (II) (7) (2) (7) development (5) (I 0) without a change of use Short subdivision (4)(7) (I) Final decision made by planning tttftflftgef director. (7) Appeal to hearing examiner. (2) Final decision by binding site plan committee. (8) Appeal to city council. (3) Final decision made by downtown design review committee. (9) Appeal to shoreline hearings board. (4) Final decision made by short subdivision committee. (I 0) No administrative appeals. (5) Final decision made by hearing examiner. (11) Final decision made by manager of housing and (6) Final decision made hy city council. human services. SECTION 3 -Amendment. A new section 15.02.066 is added to Chapter 15.02 of the Kent City Code to read as follows: Sec. 15.02.066. Build-to line. Build-to line means the location along a designated block or right-of- way where a building must be constructed. The build-to line is the property line. 5 Midway SECTION 4 -Amendment. A new section 15.02.224 is added to Chapter 15.02 of the Kent City Code to read as follows: Sec. 15.02.224. Live-work unit. Live-work unit means a structure or portion of a structure that functions predominantly as work spaces and secondarily as residences; and: A. Combines a commercial or manufacturing activity that is allowed in the zone with a residential living space for the owner of the commercial or manufacturing business, or the owner's employee, and that person's household; B. The resident owner or employee of the business is responsible for the commercial or manufacturing activity performed; and C. The commercial or manufacturing activity conducted takes place subject to a valid business license associated with the premises. SECTION 5 -Amendment. A new section 15.02.403 is added to Chapter 15.02 of the Kent City Code to read as follows: Sec. 15.02.403. Sign, freestanding monument. Freestanding monument sign means a sign above grade that is mounted or attached to a wide base or grade, and is composed of a sign face and a sign base. The base and architectural detail must be consistent with the character of the primary structure. SECTION 6 -Amendment. Section 15.03.010 of the Kent City Code is amended as follows: 6 Midway Sec. 15.03.010. Establishment and designation of districts. The various districts established by this title and into which the city is divided are designated as follows: A-10 Agricultural District The stated goal of the city is to preserve prime agricultural land in the Green River Valley as a nonrenewable resource. The agriculture zone shall actively encourage the concentration of agricultural uses in areas where incompatibility with urban uses will be minimal to aid in the implementation of those goals. Further, such classification of prime agricultural land thus recognizes and encourages farming activity as a viable sector of the local economy. SR-1 Residential Agricultural District The purpose of the SR-1 zone is to provide for areas allowing low density single-family residential development. SR-1 zoning shall be applied to those areas identified in the comprehensive plan for low density development, because of environmental constraints or the lack of urban services. AG Agricultural General District The purpose of the AG zone is to provide appropriate locations for agriculturally related industrial and retail uses in or near areas designated for long-term agricultural use. Such areas may contain prime farmland soils which may be currently or potentially used for agricultural production. SR-3 Single-Family Residential District 7 Midway SR-4.5 Single-Family Residential District SR-6 Single-Family Residential District SR-8 Single-Family Residential District It is the purpose of the single-family residential districts to stabilize and preserve single-family residential neighborhoods, as designated in the comprehensive plan. It is further the purpose to provide a range of densities and minimum lot sizes in order to promote diversity and recognize a variety of residential environments. MR-D Duplex Multifamily Residential District It is the purpose of the MR-D district to provide for a limited increase in population density and allow for a greater variety of housing types by allowing duplex dwelling units and higher density single-family detached residential development. MR-T12 Multifamily Residential Townhouse District MR-T16 Multifamily Residential Townhouse District It is the purpose of the MR-T districts to provide suitable locations for low to medium density multifamily residential development where home ownership is encouraged consistent with the comprehensive plan. MR-G Low Density Multifamily Residential District It is the purpose of the MR-G district to provide locations for low to medium density multifamily residential development and higher density 8 Midway single-family residential development, as designated in the comprehensive plan. MR-M Medium Density Multifamily Residential District It is the purpose of the MR-M district to provide for locations for medium density multifamily residential development and higher density single- family residential development, as designated in the comprehensive plan. MR-H High Density Multifamily Residential District It is the purpose of the MR-H district to provide for locations for high density residential districts suitable for urban living. MHP Mobile Home Park Combining District The MHP combining district is designed to provide proper locations for mobile home parks. Mobile home parks may be located in any multi-family residential district when MHP combining district regulations and development plans are approved for that location. PUD Planned Unit Development District The intent of the PUD is to create a process to promote diversity and creativity in site design, and protect and enhance natural and community features. The process is provided to encourage unique developments which may combine a mixture of residential, commercial, and industrial uses. By using flexibility in the application of development standards, this process will promote developments that will benefit citizens that live and work within the city. NCC Neighborhood Convenience Commercial District 9 Midway It is the purpose of the NCC district to provide small nodal areas for retail and personal service activities convenient to residential areas and to provide ready access to everyday convenience goods for the residents of such neighborhoods. NCC districts shall be located in areas designated for neighborhood services in the comprehensive plan. CC Community Commercial District The purpose of the CC district is to provide areas for limited commercial activities that serve several residential neighborhoods. This district shall only apply to such commercial districts as designated in the city comprehensive plan. It is also the purpose of this district to provide opportunities for mixed use development within the designated mixed use overlay boundary, as designated by the comprehensive plan. DC Downtown Commercial District It is the purpose of the DC district to provide a place and create environmental conditions which will encourage the location of dense and varied retail, office, residential, civic, and recreational activities which will benefit and contribute to the vitality of a central downtown location, to recognize and preserve the historic pattern of development in the area and to implement the land use goals and policies in the 1989 downtown plan, the Kent comprehensive plan, and the downtown action plan. In the DC area, permitted uses should be primarily pedestrian-oriented and able to take advantage of on-street and structured off-street parking lots. DCE Downtown Commercial Enterprise District The purpose of this district is to encourage and promote higher density development and a variety and mixture of compatible retail, commercial, 10 Midway residential, civic, recreational, and service activities in the downtown area, to enhance the pedestrian-oriented character of the downtown, and to implement the goals and policies of the 1989 downtown plan, the Kent comprehensive plan, and the downtown strategic action plan. DCE-T Downtown Commercial Enterprise District -Transitional Overlay Within the downtown commercial enterprise district, a transitional overlay addresses compatibility of higher intensity mixed use development with nearby single-family residential zones through height limits and required application of certain downtown design review elements. MTC-1 Midway Transit Community-1 District The purpose and intent of the MTC-1 district is to provide an area that will encourage the location of moderately dense and varied retail. office, or residential activities in support of rapid light rail and mass transit options, to enhance a pedestrian-oriented character while acknowledging the existing highway corridor character, and to implement the goals and policies of the Midway Subarea Plan. MTC-2 Midway Transit Community-2 District The purpose and intent of the MTC-2 district is to provide a place and create environmental conditions which will promote the location of dense and varied retail, office, or residential activities, and recreational activities in support of rapid light rail and mass transit options, to ensure a primarily pedestrian-oriented character, and to implement the goals and policies of the Midway Subarea Plan. MCR Midway Commercial/Residential District 11 Midway The purpose and intent of the MCR district is to provide area that will encourage the location of dense and varied retail. office, or residential activities in support of rapid light rail and mass transit options, to enhance a pedestrian-oriented character, and to implement the goals and policies of the Midway Subarea Plan. CM-1 Commercial Manufacturing-1 District It is the purpose of the CM-1 district to provide locations for those types of developments which combine some characteristics of both retail establishments and industrial operations, heavy commercial uses, and wholesale uses. CM-2 Commercial Manufacturing-2 District It is the purpose of the CM-2 district to provide locations for those types of developments which combine some characteristics of both retail establishments and small-scale, light industrial operations, heavy commercial and wholesale uses, and specialty manufacturing. GC General Commercial District The purpose and intent of the general commercial district is to provide for the location of commercial areas developed along certain major thoroughfares; to provide use incentives and development standards which will encourage the redevelopment and upgrading of such areas; to provide for a range of trade, service, entertainment, and recreation land uses which occur adjacent to major traffic arterials and residential uses; and to provide areas for development which are automobile-oriented and designed for convenience, safety, and the reduction of the visual blight of uncontrolled advertising signs, traffic control devices, and utility equipment. It is also the purpose of this district to provide opportunities 12 Midway for mixed use development within the designated mixed use overlay boundary, as designated by the comprehensive plan. 0 Office District It is the purpose of the 0 district to provide for areas appropriate for professional and administrative offices. It is intended that such districts shall buffer residential districts and the development standards are such that office uses should be compatible with residential districts. It is also the purpose of this district to provide opportunities for mixed use development within the designated mixed use overlay, as designated in the comprehensive plan. MA Industrial Agricultural District It is the purpose of the MA zone to identify lands which are transitional in nature and which have a combination of agricultural and warehouse/distribution characteristics. MA lands may be converted in the future to more intensive industrial zones at such time as adjoining properties become more intensively developed and urban services such as water, sewer, and improved street access become available. M1, M1-C Industrial Park District The purpose of the M-1 district is to provide an environment exclusively for and conducive to the development and protection of a broad range of industrial, office, and business park activities, including modern, large- scale administrative facilities, research institutions, and specialized manufacturing organizations, all of a non-nuisance type, as designated in the comprehensive plan. This district is intended to provide areas for those 13 Midway 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 limited commercial land uses that provide necessary personal and business services for the general industrial area. Such uses are allowed in the M 1 district, through the application of the "C" suffix, at centralized, nodal locations where major arterials intersect. M2 Limited Industrial District The purpose of the M2 district is to provide areas suitable for a broad range of industrial and warehouse/distribution activities. The permitted uses are similar to those of the industrial park district; except, that non- industrial uses, particularly office and retail, are restricted, in accordance with the manufacturing/industrial center designation in the comprehensive plan. Development standards are aimed at maintaining an efficient and desirable industrial area. M3 General Industrial District The purpose of the M3 district is to provide areas suitable for the broadest range of industrial activities, and to specify those industrial activities having unusual or potentially deleterious operational characteristics, where special attention must be paid to location and site development. Light industrial uses which require restrictive standards on the part of adjoining uses and non-industrial uses are discouraged from locating in this district, in accordance with the manufacturing/industrial center designation in the comprehensive plan. GWC Gateway Commercial District 14 Midway It is the purpose of the gateway commercial district to provide retail commercial uses appropriate along major vehicular corridors while encouraging appropriate and unified development among the properties within the district. It is designed to create unique, unified, and recognizable streetscapes while ensuring land use compatibility and the exclusion of inappropriate uses. It is also intended to promote flexibility in appropriate areas of site design and to encourage mixed use developments. The gateway commercial district recognizes the significance of the automobile while simultaneously minimizing its dominance in commercially developed areas and avoiding unsightly highway strip commercial development. The gateway commercial development standards promote land uses which minimize physical and visual impacts normally associated with highway commercial developments. Landscaping, parking, and sign standards have all been enhanced as compared to the current commercial and industrial zoning districts. These standards will promote a viable, unique, and recognizable commercial area along East Valley Highway. Moreover, the gateway commercial district will encourage the development of commercial uses capable of benefiting and ensuring the long-term enhancement of properties throughout the study area. SU Special Use Combining District It is the purpose of the SU district to provide for special controls for certain uses which do not clearly fit into other districts, which may be due to technological and social changes, or which are of such unique character as to warrant special attention in the interest of the city's optimum development and the preservation and enhancement of its environmental quality. A special use combining district is imposed on an existing zoning district, permitting the special use as well as uses permitted by the underlying zone. The combining district becomes void if substantial construction has not begun within a one (1) year period, and the district reverts to its original zoning designation. It is the intent of the special use 15 Midway ~ Cl Cl-Cl-Cl ~ ::;:: =-"" a ,,_ ~ ~ -~ ~ ~ ~ )>-(")t:n"'C;1(: Vl Vl () () 0 ~ ~:~ 11 11 II II~ -0 0 0 a g g g ~ ~~ c {'l) =· ~ " 3 0. ;o, ?; Q.g' d'. OJ ('!) ::J 3 'C 'C 'C "O 'C "O " ~[ or-~ c = =-i5 =-i5 i5 i5 = 3 g. 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(J) () < CD ::::i :::r 0: ('J n (') n .,, " g~ ~~ ~~~ .., .,, "c MR-T12 Multifamily Residential Townhouse District ;t-:::l ('!) ('J (') n (') .,, " g"tj ~~ ~~~ .,, .,, "c MR-T16 Multifamily Residential Townhouse District ,.,. c "c CJ (fl Vl rt' (') n ('J ('J -. " g""O .., .,, .., .,, MR-G Low Density Multifamily Residential District ('!) (]) :::r Vl (]) ,., n (') .,, .,, " ;::-. .., .,, "" .,, " MR-M Medium Density Multifamily Residential District () -CJ ~ !--'-I ('J n n " .,, " ;::-. .., .,, .,, .,, " MR-H High Density Multifamily Residential District :::l 0 OJ () (J'I -c. ::J ::J rt' MRP Mobile Home Park Combio1ng District 0.. -< (') n (') .,, .,, .,, NCC Neighborhood Convenience Commercial District c ....... (I) U1 rt' :2: n n (') .,, .,, .., B-::: :s "::: s~ CC Commuo1ty Commercial District CD 0 0 rt ('J n n " .,, " .., 3 r.i:; ~ ~~~ DC Downtown Commercial District (I) ..j:::. :::r -7\ . 0.. n n (') .,, .,, " "' "" .,, DCE Downtown Commercial Enterprise District 0 Vl OJ K'l 1n K'l In K'l in '"' '"" ,.,, NITC-1 Midwav Transit Communitv-1 District N () 0.. 0 0 (]) In In K'l In ,.,, '" '"' '"" ,.,, NITC-2 rvfidwav Transit hommunltv-2 District c ..0 0 • c K'l In K'l In ,.,, ,.., '"' ,.., '"" MCR Midwav Commercial/Residential District -ti OJ OJ " CM-I Commercial Manufacturing-I District rt' lO rt' (') n n n (') n :::r (]) (]) (') n ('J n n n " CM-2 Commercial Manufacturing-2 District ('!) (') n (') n ("l n s~ 8"'0 N.,, GC General Commercial District 7' OJ -0 -('!) -0 • n n ('J "" "" .., N"" N"" s"tj 0 Office District ::J -0 0 --() MA Industrial Agricultural District rt' ('!) () ;::> Ml Industrial Park District n OJ 0.. -rt ~ c ~ 3> MI-C Industrial Park-Commercial District -< 0 • ('!) iS: :=> M2 Limited Industrial District n ::J en ~ ,,,> M3 General Industrial District 0 d' -ti 0.. 0 ~(i ~(i ~tj GWC Gateway Commercial District ('!) • • "' Group homes class III c c c c J:: J:: J:: c c c c c (23) (23)(23) (21) illJ illJ illJ (21) (23) (23) (21) (24) Rebuild/accessory uses for cxisling p p p p p !'lfil !'lfil !'lfil p p p p p p p p p p dwellings (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) p p Transitional housing (7) (7) A A A A A A A A Guest cottages and houses (8) (8) (8) (8) (8) (8) (8) (8) (21) (21) (21) (21) (21) (21) (21) (21) Rooming and boarding of not more A A A A A A A A A A than three (3) persons Farm worker accommodations A A A A (17) (9) (17) (9) Accessory uses and buildings A A A A A A A A A A A A A A A A A A A A A A A A A A A A A customarily appurtenant to a (18) (18) (18) (18) (18) (18) (18) (18) (18) (18) (18) permitted use Accessory dwelling units A A A A A A A A A A A A A A (10) (IO) (Ill) (IO) (10) (10) (10) (IOI (Ill) (10) (IO) (JO) (10) (Ill) Accessory living quarters A A A A A A A A A A A A A A A A A (J.I) (14) (l•I) (l·I) Lill Lill Lill (14) (14) (14) (14) (14) (14) (14) (14) (14) (J.I) I in~-work units E l1lll Home occupations A A A A A A A A A A A A A A A A A A A A 8 A A A A A A A A A A (II) (II) (II) (II) (II) (II) (II) (II) (II) (II) (II) (Ill (Ill (II) (11) (II) (II) (II) illJ illJ illJ (II) (II) (II) (II) (II) (II) (II) (II) (II) (Ill Service buildings A Storage buildings and storage of A A A A A A A A A A A A A recreational vehicles (16) (16) (16) (16) (16) (16) (16) (16) (16) (16) (16) (16) Drive-in churches; welfare facilities c c c c c c c c c c c c c c c c h h h c c c c c c c c c c (including emergency shelters); (12) (12) retirement homes, convalescent homes, and other welfare facilities whether privately or publicly operated, facilities for rehabilitation or correction, etc. Designated manufactured home p p p p p p p p p p p p p (25) (25) (25) (25) (25) (25) (25) (25) (25) (25) (25) (25) (25) SECTION 8. -Amendment. Section 15.04.030 of the Kent City Code is amended as follows: Sec. 15.04.030. Residential land use development conditions. 1. Dwelling units, limited to not more than one (1) per establishment, for security or maintenance personnel and their families, when located on the premises where they are employed in such capacity. No other residential use shall be permitted. 2. Multifamily residential use shall be permitted only in the mixed use overlay when included within a mixed use development. 3. [Reserved]. 17 Midway 4. Multifamily residential uses, when established in buildings with commercial or office uses, and not located on the ground floor. 5. Multifamily residential uses, when not combined with commercial or office uses. 6. 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. 7. Transitional housing facilities, limited to a maximum of twenty (20) residents at any one ( 1) time and four ( 4) resident staff. 8. Guesthouses not rented or otherwise conducted as a business. 9. Farm dwellings appurtenant to a principal agricultural use for the housing of farm owners, operators, or employees, but not accommodations for transient labor. 10. Accessory dwelling units shall not be included in calculating the maximum density. Accessory dwelling units are allowed subject to the provisions of KCC 15.08.350. 11. Customary incidental home occupations subject to the provisions of KCC 15.08.040. 12. Except for transitional housing, with a maximum of twenty (20) residents and four ( 4) staff, which are principally permitted uses. 13. Subject to the combining district requirements of the mobile home park code, Ch. 12.05 KCC. 18 Midway 14. Accessory living quarters are allowed per the provisions of KCC 15.08.359. 15. Multifamily residential use shall be permitted as a conditional use only when included in a mixed use development. 16. Recreational vehicle storage is permitted as an accessory use in accordance with KCC 15.08.080. 17. Accommodations for farm operators and employees, but not accommodations for transient labor. 18. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 19. The following zoning is required to be in existence on the entire property to be rezoned at the time of application for a rezone to an MR-T zone: SR-8, MR-D, MR-G, MR-M, MR-H, 0, 0-MU, NCC, CC, GC, DC, or DCE. 20. All multifamily townhouse developments in the MR-T zone shall be recorded as townhouses with ownership interest, as defined in KCC 15.02.525.1, prior to approval of a certificate of occupancy by the city. 21. Subject to KCC 15.08.160(A) and (B), Accessory buildings. 22. One (1) duplex per lot is permitted. 23. Secure community transition facilities are permitted only in the GWC zoning district. 19 Midway 24. Class II and class III group homes, other than secure community transition facilities, are not allowed in this zoning district. A secure community transition facility shall also comply with applicable state siting and permitting requirements pursuant to Chapter 71.09 RCW. Secure community transition facilities are not subject to the siting criteria of KCC 15.08.280 for class III group homes, but they are subject to a six hundred (600) foot separation from any other class II or III group home. In no case shall a secure community transition facility be sited adjacent to, immediately across the street or parking lot from, or within the line of sight of risk potential activities or facilities in existence at the time a site is listed for consideration. Within line of sight means that it is possible to reasonably visually distinguish and recognize individuals. For the purposes of granting a conditional use permit for siting a secure community transition facility, the hearing examiner shall consider an unobstructed visual distance of six hundred (600) feet to be "within line of sight." During the conditional use permit process for a secure community transition facility, "line of sight" may be considered to be less than six hundred (600) feet if the applicant can demonstrate that visual barriers exist or can be created that would reduce the line of sight to less than six hundred (600) feet. This distance shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel or property or the land use district boundary line from which the proposed use is to be separated. For the purpose of granting a conditional use permit for a secure community transition facility, the hearing examiner shall give great weight to equitable distribution so that the city shall not be subject to a disproportionate share of similar facilities of a state-wide, regional, or county-wide nature. 25. A designated manufactured home is a permitted use with the following conditions: 20 Midway a. A designated manufactured home must be a new manufactured home; b. The designated manufactured home shall be set upon a permanent foundation, as specified by the manufacturer, and the space from the bottom of the home to the ground shall be enclosed by concrete or an approved concrete product that can be either load bearing or decorative; c. The designated manufactured home shall comply with all city design standards applicable to all other single-family homes; d. The designated manufactured home shall be thermally equivalent to the State Energy Code; and e. The designated manufactured home shall meet all other requirements for a designated manufactured home as defined in RCW 35.63.160. 26. Multifamily dwellings shall be allowed only within the Kent downtown districts outlined in the Downtown Strategic Action Plan and shall be condominiums recorded pursuant to Chapter 64.32 or 64.34 RCW or similar dwelling units with ownership interest and recorded as such prior to approval of a certificate of occupancy by the city. 27. Within subdivisions, as defined by KCC 12.04.025, vested after March 22, 2007, or altered to comply with zoning and subdivision code amendments effective after March 22, 2007, twenty-five (25) percent of the total number of permitted dwelling units may be duplex or triplex townhouse structures. 28. Live-work units; provided, that the following development standards shall apply for live-work units, in addition to those set forth in 15.04.190. 21 Midway a. The unit shall contain a cooking space and sanitary facility in conformance with applicable building standards; b. Adequate and clearly defined working space must constitute no less than fifty percent of the gross floor area of the live-work unit. Said working space shall be reserved for and regularly used by one or more persons residing there; c. At least one resident in each live-work unit shall maintain at all times a valid city business license for a business on the premises; d. Persons who do not reside in the live-work unit may be employed in the live-work unit when the required parking is provided; e. Customer and client visits are allowed when the required parking is provided; f. No portion of a live-work unit may be separately rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises; g. The multiple-family design guidelines and development standards do not apply to live-work units; h. Construct all nonresidential space, to the maximum allowed, to commercial building standards; and i. Provide an internal connection between the residential and nonresidential space within each unit. SECTION 9 -Amendment. Section 15.04.040 of the Kent City Code is amended as follows: 22 Midway Sec. 15.04.040. Manufacturing land uses. Key P = Principally Permitted Uses S = Special Uses C =Conditional Uses A= Accessory Uses Manufacturing, processing, blending, and packaging of food and beverage products Manufacturing, processing, blending, and packaging of dnigs, pharmaceuticals, toiletries, and cosmetics Manufacturing, processing, blending, and packaging of dairy products and byproducts Industrial laundry and dyeing (including linen supply and diaper services) Printing, publishing, and allied industries Chemicals and related products mfg. Contractor shops Custom arts and crafts products mfg. Computers, oll1ce machines, and equipment mfg. Manufacturing and assembly of electrical equipment, appliances, lighting, radio, TV communications, equipment, and components Fabricated metal products mfg.; custom sheet metal mfg., containers, hand tools, heating equipment, screw products, extrusion, coating, and plating Manufacturing and assembly of electronic and electrical devices, and automotive, aerospace, missile, airframe, and similar products Hazardous substance land uses Zoning Districts A A (7) (7) p (21) A A A A /1 (R) (8) (R) (8) W (23) p (23) p p p p p p p p c p p (5) (5) (J) p p (3) (J) p p (3) (3) p p p p (3) (3) p p p p p (2) (23) (23) (23) (23) (23) C(l) p p p p p c (2) (l) p p p p p P P r (H) c (JO) c (2) (l) P(2) p p p p p (' (2) (I) c c c c (4) (<!) (4) (l) c p p c (5) (l) (2) p p p p p (2) C(I) p (2) p p p p p c (2) (1) p p p p p c (2) (l) p p p p P(2) (25) (25) (25) (25) c (I) AAAAAAAAA (7) (7) (7) (R) (7) (12) (12) (12) (14) c (15) Oflices incidental and necessary to the conduct of a principally permitted use A A A A A A A A P P p p p p 23 Midway p p p p p p p Warehousing and distribution facilities (22) (16) (16) (16) (16) (16) (24) c C(l) (31) c c c p p Rail-truck transfer uses (13) (17) (17) (lH) ill) c (l) Outdoor storage (including truck, p p A A A A c p heavy equipment, and contractor A c storage yards as allowed by (I) development standards, KCC 15.04.190and 15.04.195) Miniwarehouses self-storage c p p c p (19) Manufacturing of soaps, detergents, c p and other basic cleaning and cleansing C(I) preparations Manufacturing of plastics and synthetic c p resins C(I) .Manufacturing of synthetic and natural c p fiber and cloth C(l) Manufacturing of plywood, c p composition wallboard, and similar C(l) structural wood products Manufacturing of nonmetallic mineral c p products such as abrasives, asbestos, C(l) chalk, pumice, and putty Manufacturing of heat-resisting or c p structural clay products (brick, tile, or C(I) pipe) or porcelain products Manufacturing of machinery and heavy c p machine tool equipment for general C(I) industry and mining, agricultural, constrnction, or service industries Manufacturing, processing, assembling, p p I' p P(2) and packaging of articles, products, or (211) (20) (20) C(l) merchandise made from previously (26) (26) (26) prepared natural or synthetic materials (28) (28) (28) Manufacturing, processing, treating, I' p I' p assembling, and packaging of articles, (211) (211) (20) (26) products, or merchandise from (26) (26) (26) C(l) previously prepared ferrous, nonferrous, or alloyed metals Complexes which include a p p combination of uses, including a mixture of otlice, storage, and light manufacturing uses Accessory uses and buildings A A A A A A A A A A A A A A A A A 11 A 8 A A A A A A A A A A customarily appurtenant to a permitted (27) (9) (9) (10) (10) [!ill [!ill [!ill (9) (9) (9) (6) use Impound lots c C(l) SECTION 10 -Amendment. Section 15.04.060 of the Kent City Code is amended as follows: 24 Midway N lll ~ a: ~ "-:: n 0 0.. CD en ID 3 CD :::l 0.. CD 0.. ID en 3' 0 :?: en ~ ;:J 0 <: ..... ..... )::. 3 ('[) ::J Q 3 ('[) ::J ;-,. CJ) CD (") !:!: 0 :::l I-"' LTl 0 +:> 0 --J 0 0 -ti rt' :r CD :A ro :::l rt' n rt' -< ~ c: n =-@. &; §: Ci' = ~ > .§ tll < n ,,.. ,;; ;· "' " g· :§> §>is> §>is> §>is> §>is> §>is> §>is> §>is> §>is> §>is> §>is> §>is> ~>j§> :$> >I§> 11! ~8 ~~ 0 = g_ ~-[ i· ~ 33n 33n :§ n '.§n :§ n :§ n :§ n :§ n :§ n :§ () 33n 33n 33n :§ n .g ;;? ~ a~[ < '< 0 ::.~~ -. (;'" "1 n -o 0-= i~ ~:~· g ~· ~-3:B"" 3:§~ 3::§"-:j 3'.9~ 3:§"'= > 13> l33n 13'.B";:j >I§> >I§> 1> 1§1> IBS1n IBE'"" I> 1§1> [8(;1h [8ei'O 1> i§1> IBS1nl881"' >l§>l3~n133--o > I:§> 13~ n I 32 --o >l§>i33fli32"" >l:§>[33nj33--o >l§>[33ni32""' >l3>j33ni22"" >I:§> J:g~n 132~ > 13> i33fl i32" > 1§ > 13.~ n !32 --o >l§>[33nj33"" ~~~ = 0 0 a·:::~ 0 " 0 i~~ 'O 0 -g ~ ::i = 0 Q. ~[ 0 5-~ oa > > > > > > > > > > > > > > > > > I> I)> I> > > > > > > > > 3 :> ~li!lf 8~;-d_~~-{wn (') (') (') (') (') (') (') (') (') (') (') (') (') (') (') (') "" !Cl ICl In (') (') (') (') (') (') (') (') (') (') iU·lf ~ g·~ & § ~iw ,,,,,,, g (') (') (') (') (') (') (') (') (') (') (') (') (') (') (') (') (') ICl n n n n n (') (') (') n (') (') (') ~ G' ~ ~ ~I ~l "' = 5i E: Q. Q. -g @ -~ ~-" ~-(') (') (') (') (') (') (') (') Cl I (') Cl I (') (') (') (') (') (') (') (') Cl I (') In I tn nl n iOTln (') (') (') (') (') (') (') (') :§ "-:::! (') ~ () " 0 ;; 3 2" 3 g ~ E ~ ;· "' [ g n n n n h ::i::-nu:i-o~ 11 11 II II~ [~If: ~ ~ ~~ ~~~3 ~ 0 = ~ [ ~ A-10 Agricultural District AG Agricultural General District SR-I Residential Agricultural District SR-3 Single-Family Residential District SR-4.5 Single-Family Residential District SR-6 Single-Family Residential District SR-8 Single-Family Residential District MR-D Duplex Multifamily Residential District J\.1R.-T121'fulrifamily Residential Townhouse District MR-116 Multifamily Residential Townhouse District :MR-G Low Density Multifamily Residential District MR-M Medium Density Multifamily Residential District MR-H High Density Multifamily Residential District l\:llIP Mobile Home Park Combining District NCC Neighborhood Convenience Commercial District CC Community Commercial District DC Downtown Commercial District DCE Downtown Commercial Enterprise District MTC-1 Midway Transit Communitv-1 District MTC-2 Midway Translt Communitv-2 District MCR Nfidway Commercial/Residential District CM-1 Commercial Manufacturing-! District CM-2 Commercial Manufacturing-2 District GC General Commercial District 0 Office District MA Industrial Agricultural District Ml Industrial Park District M!-C Industrial Park-Commercial District M2 Limited Industrial District M3 General Industrial District GWC Gateway Commercial District N ~­~ §' ~-c: rn C1) rn en Cl> n ..... U1 0 +:-. 0 en 0 -I ""Ii tu :l rn 'tl 0 :4. tu ,... 0 :l ... 'tl c: C" -· n ... tu :l Q. c: ,... ~. Cl> rn tu :l Q. Sec. 15.04.070. Wholesale and retail land uses. Key P =Principally Permitted Uses S = Special Uses C =Conditional Uses A= Accessory Uses Bakeries and confectioneries Wholesale bakery Dulkretail Recycling centers Retail sales of lumber, tools, and other building materials, including preassembled products Hardware, paint, tile, and wallpaper (retail) Farm equipment General merchandise: Dry goods, variety, and department stores (retail) Food and convenience stores (retail) Automobile, aircraft, motorcycle, boat, and recreational vehicles sales (retail) Automotive, aircraft, motorcycle, and marine accessories (retail) Gasoline service stations Apparel and accessories (retail) Furniture, home furnishing (retail) Eating and drinking establishments (no drive- through) Eating and drinking establishments (with drivc- through) Eating facilities for employees Planned development retail sales Zoning Districts I' !' I' !' (2fil I' p (2fil !' r r p r I' I' (It) p p p !' I' I' (II) p p p p !' I' I' (II) I' I' p p p p p p p p p p p p p p p p p p p p p p I' p s s (6) (6) s. (fil s s s (6) (6) (6) p p p I' !' !' (It) p p p !' !' !' p (11) p p p p r P P r e I' I' (11) P P A s (6) (20) 26 c (7) (20) r !' I' s (6) (20) (15) c (14) p p p (1) (1) c p s p s (12) (4) (12) p p p (t3) (13) (5) (13) s s s (6) (6) (6) A (8) p p p (5) p (20) A A A A p (2) p (2) p (2) p (2) p (2) c p (2) p (2) p (2) p (2) (3) (20) Midway Drive-through/drive-up c p I' !' !' I' p p businesses (22) (20) (20) Gil Gil (20) (20) (20) (commercial/retail -other than eating/drinking establishments) Miscellaneous retail: Dmgs, p p p p !' !' !' I' p A A p antiques, books, sporting (JI) (15) (8) (2) goods, jewelry, norist, photo supplies, video rental, computer supplies, etc. Liquor store I' p p I' !' !' !' I' p p I' (II) (2) Farm supplies, hay, grain, p p p feed, fencing, etc. (retail) Nurseries, greenhouses, p !' p p garden supplies, tools, etc. Pet shops (retail and !' !' p p p grooming) (2) Computers and electronics p !' !' p p p p (retail) (2) Hotels and motels p p !' !' !' p p p p (II) Gil Complexes which include p p combinations of11scs, including a mixture of office, light manufacturing, storage, and commercial uses Outdoor storage (including p p A A A A A p tnick, heavy equipment, and (19) (19) (19) (19) (19) (19) (19) (19) contractor storage yards as allowed by development standards, KCC 15.04.190 and 15.04.195) Accessory uses and A A A A A A A A A A A A A A A A A A A A A A A A A A A A A buildings customarily (9) (16) (16) (17) (17) (11) (11) (11) (16) (16) (16) (18) appurtenant to a permitted use Agriculturally related retail c (21) Battery exchange station s s A A A A A s s s A s s s A A --- (23) (23) (23) (23) Im Im Im (23) (23) (23) (23) (23) (23) (23) (23) (23) SECTION 12 -Amendment. Section 15.04.080 of the Kent City Code is amended as follows: Sec. 15.04.080. Wholesale and retail land use development conditions. 1. 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. 2. All sales, storage, and display occur within enclosed buildings. 27 Midway 3. Provided that any restaurant with drive-in or drive-through facilities shall be located a minimum of one thousand (1,000) feet from any other drive-in restaurant use. 4. Convenience and deli marts are limited to a maximum gross floor area of three thousand (3,000) square feet. 5. Uses shall be limited to twenty-five (25) percent of the gross floor area of any single-or multi-building development. Retail and service uses which exceed the twenty-five (25) percent limit on an individual or cumulative basis shall be subject to review individually through the conditional use permit process. A conditional use permit shall be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operating characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis. 6. Special uses must conform to the development standards listed in KCC 15.08.020. 7. Drive-through restaurants, only if located in a building having at least two (2) stories. 8. Accessory uses are only allowed in cases where development plans demonstrate a relationship between these uses and the principal uses of the property. 9. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 28 Midway 10. Retail uses operated in conjunction with and incidental to permitted uses, provided such uses are housed as a part of the building comprising the basic operations. 11. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, must be retail or pedestrian-oriented. Pedestrian-oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops, and book shops; b. Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; c. Repair services, including but not limited to television, radio, computer, jewelry, and shoe repair; d. Food-related shops, including but not limited to restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to law offices and consulting services; and g. Any other use that is determined by the planning manager director to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to KCC 15.09.065, Interpretation of uses. 29 Midway 12. Retail convenience grocery sales are allowed in conjunction with a gasoline service station as a special permit use subject to the development standards listed in KCC 15.08.020. 13. Retail sales are limited to tires, batteries, and accessories for industrial vehicle and equipment. 14. Retail sales are permitted as part of a planned development where at least fifty (50) percent of the total development is for office use. Drive-in restaurants, service stations, drive-in cleaning establishments, and other similar retail establishments are not permitted. 15. Incidental sales and services, such as restaurants, pharmacies, and retail sales, to serve occupants and patrons of permitted uses when conducted within the same building, provided there is no exterior display or advertising. 16. Includes incidental storage facilities and loading/unloading areas. 17. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. 18. Accessory uses shall not include vehicular drive-through, drive-in, and service bay facilities. 19. Reference KCC 15.07.040(C), outdoor storage landscaping. 20. Whenever feasible, drive-up/drive-through facilities shall be accessed from the rear of a site and run along an interior lot line or building elevation. Landscaping, sufficient to soften the visual impact of vehicle stacking areas, may be required. 30 Midway 21. Retail use must be for sale of agricultural or horticultural produces, at least twenty-five (25) percent of the gross sales value of which are grown within Washington State. Up to fifty (50) percent of the gross sales value may be for seed, gardening equipment and products, private label foods, and locally hand-made products. Any structures must be designed to maintain or enhance the agricultural appearance of the area. 22. Any drive-up/drive-through facility shall be accessory to the principal use to which it is attached. Ground Floor Retail/Service Area l: " l:( '"UUJ Cimund Floor Rt.:lail/Scrvk.: l l~.: lkqu in:d 23. All battery exchange activities and associated storage shall take place within an enclosed building. The development standards listed in KCC 15.08.020(B) shall apply, except that number three (3) shall not apply. 24. Drive-through/drive-up businesses are permitted only under the following conditions: a. The development must be within a strip-mall or shopping center. 25. The ground floor or street level must be retail or pedestrian-oriented following the Midway Design Guidelines. The main ground floor entry shall 31 Midway ~ttl~f 11 t~:f r ~ :t :;:: ~ c."" :;: ::1 ;t>C"l'" c"""' n OJ N ~ ,,.~,, 0 0 0 '< ~ §: ~ 11 II II~ II~ ~ ~ :i ~ ~[ " ~ ~g~ .... ~ 0 n (J) <D " g: ~ .. Q_ ;; ;;-~-Q_ <D I ~ ~· s· ~ ~-:;· ~ ~ §: ~· <D <D t;i"'6..s~~ S?..§_ ~~~~ ;,~$. n ~ (f) "" ~ ~ £,:'. ~ ::::; OJ ~if ili f 1-f~-~-a ~ ~ r;-[&~ ~ c:::-~ "-::1 en (f) (/) c ::::!. 18" n .... c 0 (f) ~ ~ k ·" ~ ~ ~-CD OJ .,, OJ ~ 7' ;: .... = n 3 0 N ::::; (!l ::.:> = .... [9 c. <D .. (f) 0 ~§..6S c.. g_ <D ~ . <D IOJ '""" ::::; r;-(") .,, A-10 Agricultural District N U1 Q_ 0 OJ 0 (") .,, AG Agricultural General District 5· 0 <D ~ -I~ "' Q_ (") .,, SR-! Residential Agricultural District ~-.i::. (f) "-..... (") .,, SR-3 Single-Family Residential District a· OJ 0 (f) (A,) (") -0 SR-4.5 Single-Family Residential District \0 <D -ti (") SR-6 Single-Family Residential District 0 0 I .. (f) (") -:: . 3 r;-SR-8 Single-Family Residential District 0 h .. "" .,, MR-D Duplex Multifamily Residential District en ~ 3 r;-<D r;-<D l'vffi.-T12 Nfultifamily Residential Tmvohouse District CD (f) ([) <D r;-""' .. Q_ "" .,, MR-Tl6 Multifamily Residential Townhouse District < ::; Q. 0 I~ "" .,, MR-G Low Density Multifamily Residential District n 3 ::::; "" .,, MR-M Medium Density Multifamily Residential District CD -([) "" .,, MR-H High Density Multifamily Residential District ::; "" -e :MHP Mobile Home Park Combining District l:IJ ;i-~ ::::s :::r OJ "" -0 ~"-::1 -;::; "" NCC Neighborhood Convenience Commercial District c. <D n .!;; n w I I I .,, -:: "" "" c (f) ::::; <D N CC Community Commercial District <D (f) E~ "" .,, -;::-o -;::-o -::::-::"-::1 (I) n (f) (f) .!;; .!;; _!;;-DC Downtown Commercial District CD ct ::::; 0 .,, "" .,, "" "" (I) 0 .. DCE Downtown Commercial Enterprise District ::::; ,_,, I 1-0 1-0 l"t1 1-0 1-0 '"" MTC-1 M.idwav Transit Communi!)'.-1 District <D !--' r;-I~ l"t1 1-0 1-e '"" 1"0 NITC-21\fidwav Transit Commuoi!)'.-2 District tJl <D ::::; 1-0 '"" , _ 1"0 1-0 MCR Wlidv.:av Commercial/Residential District 0 OJ ~ "" "" .,, ::::; CM-1 Commercial Manufacturing-I District 0 r;-""l "" .,, "" .,, "" "" "" CM-2 Commercial ;\rfunufacturing-2 District l.D O" I~ 0 c > I "" .,, "" .,, "" "" "" GC General Commercial District 0 Q_ .,, "" .,, (") (") "" 0 Office District -ti ::i OJ )> "" -0 r;-MA Industrial Agricultural District :::r n )> "" -0 "" ':::"" "" <D n 0 Ml Industrial Park District (f) <D -(f) )> "" "" "" .,, -;::-o "" Ml-C Industrial Park-Commercial District ;;s:;: 0 (f) ~ 3 <D < :§ n > '3"" 3-0 "" .,, -=::t:>"-.:l ~..., ::::; <D O" Q: -s-f...12 Limited Industrial District r;-.. <D "" "" .,, ~ M3 General Industrial District n 0 3 '"C "" 3 "-.:l 3"-.:l 3"0 GWC Gateway Commercial District r;-::::; 10" "" -< <D Rental and leasing services !' p p p p p I' for cars, trucks, trailers, (2) furniture, and tools Auto repair and washing c I' I' p p p p c services (including body (21) (5) work) (2.1) Repair services: Watch, TV, p p p !' p p p I' p I' electrical, electronic, (12) (2) (3) upholstery Professional services: p p p !' !' !' p p p p p p p Medical, clinks, and other (20) (2) (3) health care-related services Heavy equipment and truck p p p c p repair (9) Contract constniction service !' I' p p p p I' p p I' otlices: Building Llfil (16) (16) (17) (17) (2) (3) construction, plumbing, (17) paving, and landscaping Educational services: p !' I' I' p p p p p p p Vocational, trade, art, music, (2) (3) dancing, barber, and beauty Churches s s s s s s s s s s s s s s s s s s s s s s s s s (4) (4) (4) (4) (4) (4) (4) ('l) (4) (4) (4) (4) (4) (4) Bl Bl (1) (4) (4) (4) (4) (4) (4) (4) (4) Administrative and p p p I' I' I' c p I' p p p p p professional oftices ~ (12) (2) (3) general p p I' I' I' !' p p I' p p p p p p p Municipal uses and buildings (13) (13) (ill (ill (l1l (13) (13) (13) (13) (13) (13) (13) (2) (lJ) (13) (13) Research, development, and !' c !' p p p I' p p p testing (2) (14) Planned development retail c sales (6) Accessory uses and A A A A A A A A A A A A A A A A A A A A A A A A A A A A A buildings customarily (7) (18) (18) (19) (19) (12) (12) (l').) (18) (18) (18) (15) appurtenant to a permitted use Boarding kennels and c c c c breeding establishments Veterinary clinics and c p I' !' p p p c p veterinary hospitals (8) (ID (ID (8) (8) (8) (II) Administrative or executive p p p p p otftces which are part of a predominant industrial operation Oft1ces incidental and A A A A A necessary to the conduct of a principally permitted use SECTION 14 -Amendment. Section 15.04.110 of the Kent City Code is amended as follows: 33 Midway Sec. 15.04.110. Cultural, entertainment, and recreation land uses. Key P = Principally Permitted Uses S =Special Uses C =Conditional Uses A= Accessory Uses Performing and cultural arts uses, such as art galleries/studios Historic and monument sites Public assembly (indoor): Sports facilities, arenas, auditoriums and exhibition halls, bowling alleys, dart-playing facilities, skating rinks, community clubs, athletic clubs, recreation centers, theaters (excluding school facilities) Public assembly (outdoor): Fairgrounds and amusement parks, tennis courts, athletic fields, miniature golf, go-cart tracks, drive-in theaters, etc. Zoning Districts Open space use: Cemeteries, parks, playgrounds, C C C C C C C C C C C C C golf courses, and other recreation facilities, including buildings or struclures associated therewith Employee recreation areas Private clubs, fraternal lodges, etc. Recreational vehicle parks Accessory uses and buildings customarily appurtenant to a permitted use Recreational buildings in Ml-IP c c c c c c c c c c c c c A A A A A A A A A A A A A p I' I' I' ~ p I' p p p (J) (I) p p p p (,; (,; p p p p p p (2) (2) (2) (I) c (8) c p p CCPPCCCCPPCCCCCCC (6) (6) 12) 12) 12) (7) (7) c c c c A A A A c c c c !'. c !'. c c p c c c c c c p ill ill (5) (5) i: (,; c c c p AAAAA /',,A AAAAAAAAAA (4) SECTION 15 -Amendment. Section 15.04.120 of the Kent City Code is amended as follows: Sec. 15.04.120. Cultural, entertainment, and recreational land use development conditions. 1. All sales, storage, and display occur within enclosed buildings. 34 Midway 2. Principally permitted uses are limited to indoor paintball, health and fitness clubs and facilities, gymnastic schools, and other similar uses deemed compatible with the general character and stated purpose of the district. 3. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district (as shown in KCC 15.04.080) must be retail or pedestrian-oriented. Pedestrian-oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops, and book shops; b. Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; c. Repair services, including but not limited to television, radio, computer, jewelry, and shoe repair; d. Food-related shops, including but not limited to restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to law offices and consulting services; and g. Any other use that is determined by the planning manager director to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to KCC 15.09.065, Use interpretations. 35 Midway 4. Accessory uses shall include vehicular drive-through, drive-in, or service bay facilities. 5. Business, civic, social, and fraternal associations and service offices are principally permitted uses. 6. Principally permitted uses are limited to parks and playgrounds. 7. Principally permitted uses are limited to golf driving ranges. 8. Public assembly facilities such as amphitheaters, arena, auditoriums, and exhibition halls allowed as a conditional use. 9. Conditionally permitted uses are limited to parks and playgrounds. SECTION 16 -Amendment. Section 15.04.130 of the Kent City Code is amended as follows: 36 Midway "" ~~ ~ " "' (") ~I~~ > (")"'";.: () 0 ill .g 11 11 II II~ fr -o n c n g-~~-g_ ~g]g. 0 :1 ~ " g: n ~ 0 Cl. " 0 ~~ ~·§.a 0. i:: ::s ::s;::; ~ ~ §:~· "' oc QI: :::; ro ~ ~ ~i!I o n 0 -g ii ~ g ~~ " ~ ~ 0 ~ "' c==--~ ~ VI {/) -0 " ~ ~~-3 ~ C: n (I) ~ E... 5· ~ i16 § ('I) OJ 1'11 ~-[ -~ -~gg_ "" "' [ 3 (") c =· ~ n n o. ~-jj. c.. =· r. ..-(") ~ ro ~ ~t l~~ ~ ::J c..~ U1 Cl. 0 ii g·~· c.. 5. = ro <: " g, ~ c.. 0 Cl. !:L ~ '<" OJ ...... . VI ...... ~ 3> > " .,, N w -ti A-10 Agricultural District g 0 I > " " " 5· 0 '3 > AG Agriculturnl General District "" -§· 0 I~ 3> -::O> -0 " SR-I Residential Agricultural District ::E -;;:l:J VI > " SR-3 Single-Family Residential District a-· ('I) (]) > -= SR-4.5 Single-Family Residential District UI :J 0 Q.. > -0 SR-6 Single-Family Residential District c: 3 > "C SR-8 Single-Family Residential District ""!: (]) > " MR-D Duplex Multifamily Residential District n :J ('I) ;t" > " MR-Tl2 Multifamily Residential Townhouse District > " MR-Tl6 Multifamily Residential Townhouse District DJ > " !vIR-G Low Density Multifamily Residential District ::::s w (J) 0. '-I ro > " MR.-M Medium Density Multifamily Residential District () > -= IVIR.-H High Density Multifamily Residential District c: !:!: UI 0 > !vIHP Mobile Home Park Combining District ('I) ::J > NCC Neighborhood Convenience Commercial District UI . J-.1. > CC Community Commercial District U1 > DC Downtown Commercial District 0 > DCE Dmvntmvn Commercial Enterprise District .p,. I> MTC-l Midwav Transit Communitv-1 District J-.1. I> MTC-2 Midwav Transit Communitv-2 District \.0 0 I> MCR Midwav Commercial/Residential District 0 > CM-1 Commercial Manufacturing-I District -ti > CM-2 Commercial Manufacturing-2 District rt > GC General Commercial District ::r ro 0 Office District :B > > " " " MA Industrial Agricultural District A > Ml Industrial Park District <D ::: ::J > " Ml-C Industrial Park-Commercial District E: rt > " JVI2 Limited Industrial District ~ () > " M3 General Industrial District rt > .., GWC Gateway Commercial District ""' -< Sec. 15.04.190. Commercial and industrial zone development standards. Zoning Districts 13 l 'ti 13 13 'ti 'ti ·s 13 13 i5 i5 i5 i5 'ti 'ti 13 ~ 'ti 'C .~ 01 " i5 i5 \j \j i i 'JO !:, ~~ i5 13 ~ ·s 'ti § '§ ~ \j " ·s i5 ~ 0 ·~ \j ·s ·~ 6 \j 5 i5 w E E ·~ 'ti 6 \j 13 '& ·a ] E E " " " 0 0 i5 § '& '& OJ i5 " 'G " ~ ~ l'l \j ,. 'G u u 'B 0 ~ I ·g OJ '& 0 i5 i5 ] 0 § s ·:;; ·:;; ~ § 'G .fl u " u 8 @ @ E z ~ a i5 ~ " " ~ 0 "'\j 0 '& ·~ ~ 0 '& 0 0 u .... .... E " " § l], "' ~o u u 0 :a <'< " u i::· ~ ~ ~ u ·g ·g 0 \j < <'< OJ ] "' ~ '§ ~ 0 ~ ~ ~ s s u '& " " '& .s ~ :&i3 ~ ~ "' ~ l'l i5 '& '& 1 l'l i; 8 § ~ :.E 8 8 .iJ ·v b ~ 0 0 ~ " ~ c3 0 N u u ~ ] .iJ .s ·a z s 0 0 u 8 u 0 w 0 0 '" ;;; 01 l£i .s '-1 ;:; ~ < u 0 u u u ~ ~ u z t5 0 ~ ~ ~ S4 ~ <.? zu u 0 0 :::;; u u 0 < Minimum lot 10,000 10,000 5,000 5,000 7 500sqtl 'LlillLmli 7 500 sqll 10,000 10,000 10,000 10,000 1 acre I acre 10,000 20,000 15,000 10,000 I area: square sq tl sq ft sq tl sq fl sq ft sq fl sq tl sq ft sq ft sq fl sq ft sq fl acre feet or acres, (!) (66) (66) as noted (66) Maximum 40% 40% 100% 100% 80% 100% 80% 50%1 50% 40% 30% 50% 60% 60% 65% 75% 40% 60% site coverage: percent of site Minimum yard requirements: feet Front yard !Oft !SJ\ (2) (3) 20 ft (@ 20 I\ 15 n 15ft 20 ft 25J\ 30 ft (5) (5) (6) (7) 15 fl (5) (4) (8) (9) (2) (3) (@ (@ (@ (10) (IO) (10) (10) (II) (12) (12) (13) (14) 5ft (12) Side yard Uill Uill Uill (15) (16) The The The (17) (17) (17) (18) 15 I\ (17) Side yard on MiIDYai' Midway MiIDYai' flanking Iks.ign Design Design street of Guidelines Guidelines Guidelines corner lot Shall Shall Shall Aruili' Ap1tl;'. Aruili' Rear yard (8) 20 ft (2) (3) (@ (@ (@ (19) (19) (19) (19) (20) (20) (21) (21) 5ft (20) U2l U2l U2l (2) (22) Yards, (23) (23) (24) (25) (23) transitional conditions Additional (26) (29) (29) (29) setbacks (27) (28) Height 2 stry/ 3 stry/ 4 (32) ~ fill[)'/ 16 stry/ 2 stry/ 2 stry/ 2 stry/ 3 stry/ 2 2 stry/ 2 stry/ 2 stry/ 2 stry/ 3 stry/ 2 limitation: in 35 ft 40 ft stry/ ,22Jl 2QQJ1 200 tl 35 ft 35 ft 35 ft 40 ft stry/ 35 ft 35 ft 35 tl 35 ft 40 ft stry/ stories/not to (30) 60 ft (fill (1Q) (1Q) (30) (30) (30) 35 ft (35) (35) (35) (37) (38) 35 exceed in feet (31) (1Q) (33) n (34) (35) Landscaping The landscaping requirements of Ch. 15.07 KCC shall apply. (52) (52) (52) Outdoor (39) (39) (40) (40) (40) (42) (43) (43) (44) (45) (59) (43) storage (41) (41) (51) Signs The sign regulations of Ch. 15.06 KCC shall apply. Vehicle (46) (46) (46) (.1Q) (.1Q) (46) (46) (46) drive-(61) through, drive-in, and service bays 38 Midway Zoning Districts tJ tJ ·s tJ tJ ;§ ·g § '§ tJ tJ i5 i5 i5 ·g ·g tJ ~ ·g "' 1 <;• "il i5 i5 tJ 1J ~ .f. ·a n i5 1J ·g '§ ~ on on 1J "il ·g ~ 0 § § .,, " " 1J '§ 1J ."' ·~ 2 i5 ' i5 ~ E E ~ ·o ·~ '§ i5 '§ .il "il "il E E il i5 1J tJ ·g 1 'tl 0 0 "il ~ ~ i5 ] 1J 8 ·g ·s 1 i5 ~ \:> u u ;§ 'tl "il '§ 0 i5 ] 0 s § ."' ."' ~ § ~ ·g u s u § ~ ;s a i5 _,:, "il "il .,, tJ 8 8 0 E a '§ '§ 8 ~ 0 s a -"' 8 ·s u 0 u f-< f-< 0 "il "il p.. 0 ~ i5 u I j > u 'tl 'tl 8 tJ < a "il .g .g u l "' ~ i \:> ! 0 .E p.. .!1 .!1 I ·g ~ u "il "il ·g :§,~ s ~ ~ ~ t § ] ;§ ·~ ·g ~ -~ 1l 0 0 ] ~b 8 ~ u u 0 ~ .,, ~ 8 0 ~ u § 0 0 Cl J c,1 c3 .!1 ] ;::i c3 u Cl ~ u ~ ~ ~ u u 0 u u u ~ ~ u ~ 8 ~ :E :E Sl :E ~ t.'.J zu u Cl Cl ;s u u 0 < Loading areas (47) (48) (47) (48) (47) (49) (47) (47) (51) (48) Off-street The off-street parking requirements of Ch. 15.05 KCC shall apply. parking (57) (57) (57) (57) (58) (58) (58) (57) (58) (50) (36) (31) (31) Wl Wl Wl (50) (50) (31) (36) (50) (50) (50) (50) (50) (50) (56) (50) (50) (50) 00 00 00 (56) (56) (36) (50) (56) (53) (53) (54) (54) (53) Additional (62) (56) (56) (56) QD QD QD (50) (56) (54) (54) (55) (55) (54) standards (63) (67) (56) (55) (55) • (56) (56) (55) (64) (56) (56) (56) (65) SECTION 18 -Amendment. Section 15.04.195 of the Kent City Code is amended as follows: Sec. 15.04.195 . Commercial and industrial land use . development conditions. 1. Minimum lot of record or five thousand (5,000) square feet, whichever is less. 2. None, except as required by landscaping, or if off-street parking is provided onsite. See the downtown design review criteria outlined in KCC 15.09.046. 3. No minimum setback is required. If a rear and/or side yard abuts a residential district, a twenty (20) foot rear and/or side yard setback may 39 Midway be required. See the downtown design review criteria outlined in KCC 15.09.046. 4. For properties abutting on West Valley Highway, the frontage on West Valley Highway shall be considered the front yard. 5. 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: a. Properties fronting on arterial and collector streets shall have a minimum setback of twenty (20) feet. b. Properties fronting on local access streets shall have a minimum setback of twenty (20) feet. 6. 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: a. Properties fronting on arterials and collector streets shall have a minimum setback of forty ( 40) feet. b. Properties fronting on local access streets shall have a minimum setback of thirty (30) feet. 7. The front yard shall be ten (10) percent of the lot depth. Regardless of lot size, the yard depth need not be more than thirty-five (35) feet. 8. No side or rear yard is required, except when abutting a district other than NCC, and then the yard shall be not less than five (5) feet in width, unless the abutting district or use is residential and then the yard shall be ten (10) feet in width and fully landscaped. 40 Midway 9. No side yard is required, except when abutting a more restrictive district, and then the side yard shall be not less than twenty (20) feet in width. 10. No side yard is required, except abutting a residential district, and then the side yard shall be twenty (20) feet minimum. 11. An aggregate side yard of thirty (30) feet shall be provided. A minimum of ten (10) feet shall be provided for each side yard. On a corner lot the side yard setback shall be a minimum of twenty (20) feet from the property line. 12. The side yards shall have an aggregate width of ten (10) percent of the lot width, but the aggregate width need not be more than forty ( 40) feet. There shall be a minimum of fifteen (15) feet on each side. 13. The side yards shall have an aggregate width of ten (10) percent of the lot width, but the aggregate width need not be more than thirty (30) feet. There shall be a minimum of ten (10) feet on each side. 14. The side yards shall have an aggregate width of ten (10) percent of the lot width, but the aggregate width need not be more than twenty-five (25) feet. There shall be a minimum of ten (10) feet on each side. 15. A side yard of at least five (5)'feet in depth shall be provided along the side property lines, except no side yard shall be required between adjacent properties where a common, shared driveway with a perpetual cross- access easement is provided to serve the adjoining properties. 16. Where a side yard abuts a residential district, a side yard of at least twenty (20) feet shall be provided. 41 Midway 17. 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: a. Properties fronting on arterial and collector streets shall have a minimum setback of forty ( 40) feet. b. Properties fronting on local access streets shall have a minimum setback of thirty (30) feet. 18. The side yard on the flanking street of a corner lot shall be at least ten (10) percent of the lot width, unless the ten (10) percent figure would result in a side yard of greater than twenty (20) feet, in which case the side yard need not be more than twenty (20) feet. 19. No rear yard is required, except abutting a residential district, and then the rear yard shall be twenty (20) feet minimum. 20. No rear yard is required, except as may be required by other setback provisions of this section. 21. No rear yard is required, except as may be required by transitional conditions. 22. A rear yard of at least five (5) feet in depth shall be provided, except when a rear yard abuts a residential district, and then a rear yard of at least twenty (20) feet in depth shall be provided. 23. Transitional conditions shall exist when an industrial park Ml or Ml-C district and AG district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall 42 Midway 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 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. 24. Transitional conditions shall exist when an M2 district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, freeway, railway main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface 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. 25. Transitional conditions shall exist when an M3 district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, railroad main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface 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. 26. Structures for feeding, housing, and care of animals shall be set back fifty (50) feet from any property line. 43 Midway 27. Transitional conditions shall exist when an MA district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, railroad main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface 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. 28. Industrial development in the MA 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 city comprehensive plan and are in accordance with the high quality of site development required for the industrial parks area of the city, which MA areas are designated to become in the city plan, and 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. 29. Development in the Ml or Ml-C district and AG 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. 30. The planning manager director shall be authorized to grant one (1) additional story in height, if during development plan review it is found that this additional story would not detract from the continuity of the area. 44 Midway More than one (1) additional story may be granted by the planning commission land use and planning board. 31. The downtown design review requirements of KCC 15.09.046 shall apply. 32. No maximum height limit is required, except for parcels located within a downtown commercial enterprise -transitional overlay (DCE-T), where the height limit is thirty-five (35) feet. See also the downtown design review criteria outlined in KCC 15.09.046. 33. 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 additional foot of building height. 34. The planning manager director shall be authorized to approve a height greater than four (4) stories or sixty (60) feet, provided such height does not detract from the continuity of the area. When a request is made to exceed the building height limit, the planning manager director may impose such conditions, within a reasonable amount of time, as may be necessary to reduce any incompatibilities with surrounding uses. 35. 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 manager 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 land use and planning board. 45 Midway 36. Design review for mixed use development is required as provided in KCC 15.09.045(E). 37. 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 two (2) feet of additional building height. The planning manager 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 increases may be granted by the planning commission land use and planning board. 38. The height limitation is three (3) stories or forty ( 40) feet. An additional story or building height may be added, up to a maximum of five (5) stories or sixty (60) feet, with one (1) additional foot of building setback for every additional foot of building height over forty ( 40) feet. 39. Outdoor storage areas are prohibited. 40. Outdoor storage areas shall be fenced for security and public safety by a sight-obscuring fence unless it is determined through the development plan review that a sight-obscuring fence is not necessary. 41. Any unfenced outdoor storage areas shall be paved with asphaltic concrete, cement, or equivalent material to be approved by the city engineer. 42. Outdoor storage (for industrial uses) shall be at the rear of a principally permitted structure and shall be completely fenced. 46 Midway 43. Outside storage or operations yards in the Ml or M1-C district and AG district shall be permitted only as accessory uses. Such uses are incidental and subordinate 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 (2/3) 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. 44. Outside storage or operations yards shall be confined to the area to the rear of a line which is an extension of the front wall of the principal building, and shall be reasonably screened from view from any street by appropriate walls, fencing, earth mounds, or landscaping. 45. Outside storage or operations areas shall be fenced for security and public safety at the property line. 46. Wherever feasible, drive-up/drive-through facilities shall be accessed from the rear of a site and run along an interior lot line or building elevation. Landscaping, sufficient to soften the visual impact of vehicle stacking areas, may be required. 47. Loading areas must be located in such a manner that no loading, unloading, or maneuvering of trucks associated therewith takes place on public rights-of-way. 48. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way. Berms shall be a minimum of thirty-six (36) inches and a maximum of forty-two ( 42) inches in height. Landscaping located on the berm shall conform to type III landscaping as described in KCC 15.07.050. 47 Midway 49. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way. Berms shall be a minimum of thirty (30) inches in height. Landscaping located on the berm shall conform to type III landscaping described in KCC 15.07.050 pertaining to visual buffers. 50. Development plan approval is required as provided in KCC 15.09.010. 51. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way. Berms shall be a minimum of twenty (20) inches in height. Landscaping located on the berm shall conform to type III landscaping described in KCC 15.07.050 pertaining to visual buffers. 52. 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 required to reduce visual impacts. In such circumstances, type II landscaping, as defined in KCC 15.07 .050, shall be required; provided, that evergreen trees shall be at least ten (10) feet in height and deciduous trees shall be a minimum of two (2) inch caliper at the time of planting. 53. Predominant activities and operations shall be completely enclosed within buildings or structures, except for customary appurtenances such as loading and unloading areas, or where special conditions exist as a result of a conditional use public hearing. The planning manager director shall be authorized to determine the reasonable application of this provision in cases of operational hardship or other showing of uncommon circumstances. 54. Multitenant buildings shall be permitted. 48 Midway 55. 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 manager 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. 56. The performance standards as provided in KCC 15.08.050 shall apply. 57. Off-street parking may be located in required yards except in areas required to be landscaped. 58. Those areas not required to be landscaped may be used for off-street parking. 59. Outdoor storage is allowed only as an accessory use to small scale, light industrial, or manufacturing operations where the building, structure, or total operation, including all indoor and outdoor storage areas, does not encompass more than ten thousand (10,000) square feet of total area. 60. Signage on commercial uses in the Ml-C zone shall be as specified in KCC 15.06.050(8). Signage on industrial uses in the Ml-C zone shall be as specified in KCC 15.06.050(E). 61. Any eating establishment with a drive-through/drive-in facility shall be located a minimum of one thousand (1,000) feet from any other restaurant with a drive-through/drive-in facility. 49 Midway 62. Parking should be located either next to or behind the building. Parking should not be placed between the street and the building. 63. A direct pedestrian connection shall be provided from the street to the building. 64. Screening by either an enclosure and/or evergreen landscaping shall be provided for mechanical equipment, service doors, and garbage areas. Rooftop equipment shall be enclosed with a parapet or similar design feature. 65. Structures shall be designed to maintain the residential character of the surrounding neighborhood. Modulating the building mass, adding dormer windows, covered entryways, or porches are ways to enhance the human scale and provide a residential dimension to structures. 66. Minimum lot area requirements do not apply to multifamily development in the Kent downtown planning area identified in KCC 15.09.046. 67. Within the downtown commercial enterprise -transitional overlay (DCE-T), downtown design review guidelines regarding balconies and/or upper floor setbacks (sections III. B and III.C) are required elements, not optional elements. 68. No yard, except as required by landscaping, or if surface parking is provided onsite. See the Midway Design Guidelines and KCC 15.09.045. 69. The height limitation of new construction in MRT-1 zoning district abutting a residential district shall be thirty-five (35) feet in height within twenty (20) feet from the residential district and forty-five ( 45) feet in height within forty ( 40) feet from the residential district. 50 Midway 70. New construction shall conform to applicable Federal Aviation Administration regulations, including Part 77, Federal Aviation Regulations, Objects Affecting Navigable Airspace, as presently constituted or as may be subsequently amended. 71. The transit oriented community design review requirements of KCC 15.09.045 shall apply. SECTION 19 -Amendment. Section 15.05.040 of the Kent City Code is amended as follows: Sec. 15.05.040. Parking standards for specific activities. A. Standards for the number of parking spaces for specific activities are indicated in the following chart: SPECIFIC LAND PARKING SPACE REQUIREMENT USE Living activities Single-family Two (2) parking spaces per single- family dwelling. Duplex Two (2) parking spaces per dwelling unit. Multifamilyu One (1) parking space per unit for efficiency apartments in all sized developments; two (2) parking spaces for each dwelling unit for developments with forty-nine (49) or less dwelling units; one and eight- tenths (1.8) parking spaces per dwelling unit for developments of fifty (50) or more dwelling units. For developments of fifty (50) or more dwelling units, one (1) parking space for each fifteen (15) dwelling units for recreation vehicles. Multiple dwellings for One (1) parking space for each two 51 Midway low-income elderly 2.A (2) dwelling units. Accessory dwelling One off-street parking space per unit accessory unit is required in addition to the required parking for the single-family home. The planning director may waive this requirement where there are special circumstances related to the property and its location. The surface of a required ADU off-street parking space shall comply with KCC 15.05.090(C). Boardinghouses and One (1) parking space for the lodging houses proprietor, plus one (1) space per sleeping room for boarders or lodging use, plus one (1) additional space for each four (4) persons employed on the premises. Mobile and Two (2) parking spaces for each manufactured home mobile home site, plus one (1) parks screened space for each ten (10) lots for recreation vehicles. Recreational vehicle One (1) parking space for each site. park Hotelsi; One (1) parking space for each guest room, plus two (2) parking spaces for each three (3) employees. Commercial activities Banks§ One (1) parking space for each two hundred (200) square feet of gross floor area, except when part of a shopping center. Professional and One (1) parking space for each two business offices§ hundred fifty (250) square feet of gross floor area, except when part of a shopping center. Shopping centersz Four and one-half (4.5) spaces per one thousand (1,000) square feet of gross leaseable area (GLA) for centers having GLA of less than four hundred thousand (400,000) square feet, and five (5.0) spaces per one thousand (1,000) square feet of GLA for centers having a GLA of over four hundred thousand (400,000) square feet. 52 Midway Restaurants, One (1) parking space for each one nightclubs, taverns hundred (100) square feet of gross and lounges~ floor area, except when part of a shopping center. Retail stores, One (1) parking space for each two supermarkets, hundred (200) square feet of gross department stores floor area, except when located in a and personal service shopping center. shops~ Other retail One (1) parking space for each five establishments; hundred (500) square feet of gross furniture, appliance, floor area, except when located in a hardware stores, shopping center. household equipment service shops, clothing or shoe repair shops1Q Drive-in business11 One (1) parking space for each one hundred (100) square feet of gross floor area, except when located in a shopping center. Uncovered One (1) parking space for each five commercial area, thousand (5,000) square feet of new and used car retail sales area in addition to any lots, plant nursery parking requirements for buildings, except when located in a shopping center. Motor vehicle repair One (1) parking space for each four and services hundred (400) square feet of gross floor area, except when part of a shopping center. Industrial showroom One (1) parking space for each five and display hundred (500) square feet of display area. Bulk retail stores One (1) parking space for each three hundred fifty (350) square feet of gross floor area. Industrial activities Manufacturing, One (1) parking space for each one research and testing thousand (1,000) square feet of laboratories, gross floor area. For parking creameries, bottling requirements for associated office establishments, areas, see "Professional and bakeries, canneries, business offices." printing and engraving shops Warehouses and One (1) parking space for each two storage buildings thousand (2,000) square feet of gross floor area. Maximum office area of two (2) percent of gross floor 53 Midway area may be included without additional parking requirements. Speculative One (1) parking space for each one warehouse and thousand (1,000) square feet of industrial buildings gross floor area if building size is with multiple use or less than one hundred thousand tenant potential (100,000) square feet, or one (1) parking space for each two thousand (2,000) square feet of gross floor area for buildings which exceed one hundred thousand (100,000) square feet gross of floor area. This is a minimum requirement and valid for construction permit purposes only. Final parking requirements will be based upon actual occupancy. Recreation-amusement activities Auditoriums, One (1) parking space for each four theaters, places of (4) fixed seats, or one (1) parking public assembly, space for each one hundred (100) stadiums and outdoor square feet of floor area of main sports areas12 auditorium or of principal place of assembly not containing fixed seats, whichever is greater. Bowling alleys13. Five (5) spaces for each alley, except when located in a shopping center. Dance halls and One (1) parking space for each two skating rinks14 hundred (200) square feet of gross floor area, except when located in a shopping center. Golf driving ranges One (1) parking space for each driving station. Miniature golf One (1) parking space for each hole. courses Recreational One (1) parking space for each two buildings, whether hundred (200) square feet of gross independent or floor area. Such spaces shall be associated with a located adjacent to the building and multifamily complex shall be designated for visitors by signing or other special markings. Educational activities Senior high schools, One (1) space for each employee public, parochial and plus one (1) space for each ten (10) private students enrolled. In addition, if buses for the transportation of children are kept at the school, one (1) off-street parking space shall be 54 Midway provided for each bus, of a size sufficient to park each bus. One (1) additional parking space for each one hundred (100) students shall be provided for visitors in the vicinity of or adjacent to the administration portion of the building or complex. Such parking spaces shall be so designated by signing or other special marking as approved by the traffic engineer. Colleges and Two and one-half (2 1/2) parking universities and spaces for each employee, plus one business and (1) space for each three (3) students vocational schools10 residing on campus, plus one (1) space for each five(5) day student not residing on campus. In addition, if buses for transportation of students are kept at the school, one (1) off-street parking space shall be provided for each bus, of a size sufficient to park each bus. One (1) additional parking space for each one hundred (100) students shall be provided for visitors in the vicinity of or adjacent to the administration portion of the building or complex. Such parking spaces shall be so designated by signing or other special marking as approved by the traffic engineer. Elementary and Two and one-half (2 1/2) parking junior high spaces for each employee. In addition, if buses for transportation of students are kept at the school, one (1) off-street parking space shall be provided for each bus, of a size sufficient to park each bus. One (1) additional parking space for each one hundred (100) students shall be provided for visitors in the vicinity of or adjacent to the administration portion of the building or complex. Such parking spaces shall be so designated by signing or other special marking as approved by the traffic engineer. Libraries and One (1) parking space for each two museums hundred fifty (250) square feet in office and public use. Day-care centers One (1) parking space for each employee, plus loading and unloading areas. Medical activities 55 Midway Medical and dental One (1) parking space for each two offices.ill hundred (200) square feet of gross floor area, except when located in a shopping center. Convalescent, One (1) parking space for each two nursing and health (2) employees, plus one (1) parking institutions space for each three (3) beds. Hospitals One (1) parking space for each three (3) beds, plus one (1) parking space for each staff doctor, plus one (1) parking space for each three (3) employees. Religious activities Churches11 One (1) space for each five (5) seats in the main auditorium; provided, that the spaces for any church shall not be less than ten (10). For all existing churches enlarging the seating capacity of their auditoriums, one (1) additional parking space shall be provided for each five (5) additional seats provided by the new construction. For all existing churches making structural alterations or additions which do not increase the seating capacity of the auditorium, no additional parking need be provided. Mortuaries or funeral One (1) parking space for each one homes hundred (100) square feet of floor area of assembly rooms. Other uses For uses not specifically identified in this section, the amount of parking required shall be determined by the planning department, based on staff experience, parking required for similar uses, and, if appropriate, documentation provided by the applicant. 1. Recreational vehicle parking spaces shall be in defined, fenced and screened areas with a minimum of a six (6) foot high sight- obscuring fence or landscaping as determined by the planning department, or the developer may provide areas of usable open space equal to that area that would be required for recreational vehicle parking. A vehicle less than twenty (20) feet long that is 56 Midway used as primary transportation is not subject to recreational vehicle parking regulations. If open space in lieu of recreational vehicle parking is provided, its appropriateness will be determined at the time of development plan review by the planning department. Where enclosed garages are utilized to provide parking required by this title, an eighteen (18) foot stacking space shall be provided in front of such garage units. Provided, however, the planning director shall have the authority to approve alternative plans where the developer can assure that such garage units will continue to be available for parking purposes and will not cause onsite parking or circulation problems. These assurances include but are not limited to: (1) covenants that run with the land or homeowners' association that require garages to be utilized for the storage of vehicles, (2) maintenance of drive aisle widths of twenty-six (26) feet in front of each garage unit, and (3) maintenance of minimum clearances for fire lanes on the site. 2. Exceptions for senior citizen apartments in multifamily buildings in the central business district: a. Approved building plans must show one and eight-tenths (1.8) spaces per dwelling unit and also shall show which spaces are not to be initially installed. The additional spaces, plus any required landscaping, shall be installed if at any time the structure is not used for senior citizen apartments or if the facility shows a continued shortage of parking. b. The requirement of one (1) space per dwelling unit may be reduced to no less than one (1) space for every two (2) dwelling units plus employee parking as determined by the planning director. The planning director shall base his decision on the following: 57 Midway (1) Availability of private, convenient, regular transportation services to meet the needs of the tenants; (2) Accessibility to and frequency of public transportation; (3) Pedestrian access to health, medical and shopping facilities; ( 4) Minimum age requirement to reside in subject apartments; (5) Special support services offered by the facility. c. Special parking for recreational vehicles will not be required as long as the facility does not permit recreational vehicles other than campers or vehicles that will fit into a normal-sized parking stall. If recreational vehicles are to be permitted on the development, they must be screened and fenced. d. Compact stalls will not be permitted except for one-third (1/3) of the required employee parking. 3. In MTC-1 MTC-2 and MCR zonin districts a minimum of 0.75 parking space per dwelling unit. or conduct a parking feasibility stud to determine need. rovided for recreation vehicles. 4. In MTC-1 MTC-2 and MCR zonin districts one 1 58 Midway s ace for ever four 4 dwellin units or conduct a arkin feasibility study to determine need. 5. In MTC-1 MTC-2 and MCR zonin districts one 1 s ace for each uest room five 5 em lo ees or conduct a feasibilit to determine need. 6. In MTC-1 and MCR zonin districts one 1 ever four hundred 400 s uare feet of ross floor area stud to determine need· in MTC-2 zonin district one 1 s ace for ever five hundred 500 s uare feet of ross floor area or conduct a parking feasibility study to determine need. 7. In MTC-1 and MCR zonin districts one 1 ever four hundred 400 s uare feet of ross floor area or conduct a parking feasibility study to determine need. 8. In MTC-1 and MCR zonin districts one 1 every two hundred (200) square feet of gross floor area, or conduct a feasibilit stud to determine need· in MTC-2 zonin district, a minimum of one (1) parking space for every three hundred (300) square feet of gross floor area, or conduct a parking feasibility study to determine need. No parking is required if use is 3,000 square feet or less and with a parking supply of at least twenty (20) spaces within five hundred (500) feet or 1,000 feet of a public garage. 9. In MTC-1 and MCR zoning districts, one (1) parking space for every four hundred ( 400) square feet of gross floor area, or conduct 59 Midway a feasibilit to determine need· in MTC-2 feet of ross floor area or conduct a determine need. No ei ht hundred 800 s uare feet or less and with a of at leas twent aces within five hundred 500 feet or 1 000 feet of a public garage. 10. In MTC-1 MTC-2 and MCR zonin districts one 1 s ace for ever use is ei ht hundred 800 s uare feet or less and with a su I of at least twent 500 feet or l,000 feet of a public garage. 11. In MTC-1 and MCR zoning districts, one (1) parking space for every four hundred (400) square feet of gross floor area, except when located in a shopping center. 12. In MTC-1 and MCR zoning districts, conduct a parking feasibility study to determine need. 13. In MTC-1 and MCR zoning districts, three (3) parking spaces for each alley, except when located in a shopping center. 14. In MTC-1 and MCR zoning districts, one (1) parking space for every five hundred (500) square feet of gross floor area, or conduct a parking feasibility study to determine need. 15. In MTC-1, MTC-2. and MCR zoning districts, conduct a parking feasibility study to determine need. 60 Midway 16. In MTC-1 MTC-2 and MCR zonin districts a minimum of onj 1 floor area. or conduct a parking feasibility study to determine need. 17. In MTC-1 MTC-2 and MCR zonin districts one 1 s ace for ever ten 10 seats in the main auditorium· rovided that the s aces for an church shall not be less than ten 10 . Fo all existin churches enlar in the seatin one 1 additional rovided for ever ten 10 seats provided by the new construction. B. Mixed occupancies or mixed use if one (1) occupancy. In the case of two (2) or more uses in the same building, the total requirements for off- street parking facilities shall be the sum of the requirements for the several uses computed separately;· except in shopping centers, and except as provided in the mixed use overlay KCC 15.04.200. Off-street parking facilities for one (1) use shall not be considered as providing required parking facilities for any other use, except as permitted in subsection (C) of this section pertaining to joint use. C. Joint use. The minimum amount of off-street parking required by KCC 15.05.040(A) may be reduced by the planning director when shared parking facilities for two (2) or more uses are proposed if: 1. The total parking area exceeds five thousand (5,000) square feet; 2. The parking facilities are designed and developed as a single onsite common parking facility, or as a system of onsite and offsite facilities if all facilities are connected with improved pedestrian facilities and located within five hundred (500) feet of the buildings or use areas they are intended to serve; 61 Midway 3. The amount of reduction in off-street parking does not exceed ten (10) percent per use unless it is documented that the peak parking demand hours of two (2) or more uses are separate by at least one (1) hour; 4. The subject properties are legally encumbered by an easement or other appropriate means which provide for continuous joint use of the parking facilities. Documentation shall require review and approval by the city attorney; and 5. The total number of parking spaces in the shared parking facility is not less than the minimum required by any single use. D. Employee parking. Where employee parking will be maintained separately and in addition to parking for the general public, the regulations of this subsection shall apply: 1. Minimum parking stall sizes, aisle widths and percentage of compact car stalls shall be as per other requirements in this chapter. 2. Employee parking must be clearly identified as such and not become parking for the general public. 3. If the employee parking is changed to parking for the general public, the normal regulations for off-street parking shall be in force. 4. Employee parking shall not be in lieu of parking requirements per activity as stated in this section. E. Temporary parking facilities. Temporary parking facilities may be permitted by the planning director when it has been shown that: 62 Midway 1. The existing use of the subject property has adequate legal nonconforming parking or that existing parking conforms to the applicable standards of this title. 2. The temporary parking facility is primarily intended to serve the public at large and not the existing use on the property. 3. The temporary parking facility serves a public need. 4. The temporary facility meets the following minimum standards: a. There shall be a minimum of two hundred eighty-five (285) square feet gross area per stall. b. The pavement section shall be a minimum of four (4) inches of five-eighths (5/8) inch minus C.R. crushed rock with bituminous surface treatment, subject to engineering department review. c. Onsite drainage control and detention shall be provided per the drainage ordinance. d. Ingress and egress and interior circulation and perimeter control shall be subject to traffic engineer approval. F. Compact car parking. 1. Parking stall size shall be a minimum of eight (8) feet by seventeen (17) feet. Aisle width shall be per the requirements of KCC 15.05.080 and diagram No. 1 following this chapter. 63 Midway 2. Compact car parking spaces shall be clearly identified by signing or other marking as approved by the city engineer. 3. Compact car parking spaces shall not exceed thirty (30) percent of the total required parking, and shall be interspersed equally throughout the entire parking area. 4. See KCC 15.05.080 and diagram No. 2 following this chapter for typical compact car stall arrangements. 5. No more than four (4) compact car parking stalls shall be placed side-by-side, or eight (8) head-to-head. G. Transit and rideshare provisions. 1. The planning director may reduce the minimum number of off- street parking stalls for businesses which have a commute trip reduction program filed with the city. Based upon a review of this program and input from other staff members, a reduction of up to twenty (20) percent of the minimum standard may be approved. Any reduction in the amount of required parking is only valid for as long as the approved CTR program is in effect. An invalidated program or a change in use or operations would result in the application of the underlying standards per KCC 15.05.040(A) of the zoning code. 2. The planning director may reduce the number of required off- street parking stalls for businesses which do not have a commute trip reduction program by one (1) stall for every two (2) car pool stalls, and/or one (1) stall for every one (1) van pool staff if: 64 Midway (a) Reserved rideshare parking is located convenient to the primary employee entrance; (b) Reserved areas are clearly marked by signs for use by approved and qualified rideshare vehicles; ( c) The use of reserved areas for rideshare parking is actively enforced by the employer; and ( d) The total reduction in the number of parking stalls does not exceed ten (10) percent of the required stalls. SECTION 20 -Amendment. Section 15.06.050 of the Kent City Code is amended as follows: Sec. 15.06.050. Regulations for specific districts. In all districts the planning manager director shall have the option to waive sign type requirements in unique and special cases where, due to building design or other special circumstance, the development is unable to conform to stated standards. A. Signs permitted in residential districts. 1. Identification signs for single-family dwellings and duplexes. One (1) identification sign shall be permitted for each occupancy. The sign shall not exceed an area of three (3) square feet, shall not exceed a height of six (6) feet above the surface of the street, shall be attached directly to a building, fence, standard, or mailbox, and shall be unlighted or provided with indirect illumination. Home occupations shall not be allowed additional sign area. 65 Midway 2. Identification signs for multifamily dwellings. One (1) identification sign shall be permitted for each development, except that multiple-family dwellings with more than one (1) street frontage may be allowed an additional sign for each street frontage of such lot. Each sign shall not exceed an area of twenty-five (25) square feet, may be a wall or freestanding sign, shall be unlighted or indirectly lighted, and shall not exceed a height of six (6) feet above the ground if freestanding. 3. Farm product identification signs. No permit is required, but such signs may not be located in the public right-of-way. B. Signs permitted in community commercial, general commercial, and commercial manufacturing districts. The aggregate sign area for any lot shall not exceed one and one-half (1 1/2) feet for each foot of street frontage. Aggregate sign area for corner lots shall not exceed one ( 1) square foot for each foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. 1. Identification signs for occupancies. Each business establishment may have one (1) freestanding sign for each street frontage if not located in a shopping center, and three (3) additional signs. a. Freestanding sign. The freestanding sign shall not exceed a height of thirty (30) feet. The maximum sign area permitted is two hundred (200) square feet for the total of all faces. No one (1) face shall exceed one hundred (100) square feet. The sign may be illuminated. b. Additional signs. Three (3) additional signs shall be permitted subject to the following restrictions: 66 Midway i. The total area of all signs, graphics, or other advertising shall not be more than ten (10) percent of the building facade to which they are attached or on which they are displayed. ii. On properties where a pole sign cannot be erected due to setback requirements or building placement, a projecting sign may be allowed in lieu of the permitted freestanding sign. The projecting sign may not exceed fifteen (15) square feet in outside dimension. 2. Identification signs for shopping centers. One (1) freestanding identification sign, which may list the names of the occupants of the shopping center, shall be permitted for each street frontage of each shopping center. The maximum sign area permitted for a freestanding sign is two hundred (200) square feet for the total of all faces. No one (1) face shall exceed one hundred (100) square feet. A freestanding sign shall not exceed a height of thirty (30) feet, and may be illuminated. 3. Automobile service station signs. The aggregate sign area for any corner lot shall not exceed one (1) square foot for each foot of lot frontage, and the aggregate sign area for any interior lot shall not exceed one and one-half (1 1/2) square feet for each foot of lot frontage; and the permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. a. Freestanding signs. One (1) freestanding lighted double- faced identification sign, not exceeding two hundred (200) square feet for the total of all faces, with no such face exceeding one hundred (100) square feet, is permitted. Such sign shall not exceed a height of thirty (30) feet. If on a corner lot, two (2) monument signs not exceeding one 67 Midway hundred (100) square feet per sign for the total of all faces are permitted. Such monument signs shall not exceed a height of fifteen ( 15) feet. Freestanding signs shall be lighted during business hours only. b. Additional signs. Three (3) additional signs shall be permitted subject to the following restrictions: the total area of all signs, graphics, or other advertising shall not be more than ten (10) percent of the building facade to which they are attached or on which they are displayed. c. Fuel price signs. Fuel price signs shall be included in the aggregate sign area. 4. Farm product identification signs. No permit is required, but such signs may not be located in the public right-of-way. C. Signs permitted in downtown commercial and downtown commercial enterprise districts. The aggregate sign area for any lot shall not exceed one and one-half (1 1/2) square feet for each foot of street frontage. The aggregate sign area for corner lots shall not exceed one (1) foot for each foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. 1. Identification signs for multitenant buildings. a. Wall sign. Each multitenant building may have one (1) identification wall sign for the building's identification for each street frontage. The sign shall not exceed a total of five (5) percent of the facade to which it is attached. The sign shall not name or advertise the individual tenants of the building. Aggregate sign area shall apply. A multitenant building will have the option of the sign described in this subsectio 68 Midwa (C)(1)(a) or the identification sign described in subsection (C)(2) of this section. b. Freestanding sign. Each building may have one (1) freestanding sign on each street frontage. The sign may not exceed fifteen (15) feet in height. The maximum sign area permitted for the freestanding sign is one hundred (100) square feet for the total of all faces. No one (1) face shall exceed fifty (50) square feet. Multitenant freestanding signs shall not name or advertise the individual tenants of the building. 2. Identification signs for occupancies. Each occupant of a multitenant building shall be permitted two (2) wall signs. Such signs shall not exceed ten (10) percent of the facade of the individual business unit. Aggregate sign area shall not apply. 3. Identification signs for single-tenant buildings. a. Each building may have one (1) freestanding sign for each street frontage. The sign may not exceed a height of fifteen (15) feet. The maximum sign area permitted for the freestanding sign is one hundred (100) square feet for the total of all faces. No one (1) face shall exceed fifty (50) square feet. b. Three (3) additional signs shall be permitted. All signs are subject to the aggregate sign area allowed. The total area of all signs, graphics, or other types of signs shall not exceed ten (10) percent of the facade to which they are attached or on which they are displayed. D. Signs permitted in midwav transit community-1 district. The aggregate sign area for any lot shall not exceed one (1) square foot for each linear 69 Midway foot of street frontage. Aggregate sign area for corner lots shall not exceed three-fourths (3/4) square foot for each linear foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area and may be permitted subject to Midway Design Guidelines. 1. Identification signs for occupancies. Each single business property may have one (1) freestanding monument sign per street frontage or one (1) projecting sign per street frontage if located along or at the intersections of SR-99, SR-516, S 240th Street, S 245th Street, or S 272nd Street, if not located in a multitenant building, and one (1) wall sign and one (1) suspended sign per street frontage. a. Freestanding monument signs. Freestanding monument signs shall not exceed a height of fifteen (15) feet. The maximum sign area permitted is eighty (80) square feet for the total of all faces. No one (1) face shall exceed forty ( 40) square feet. The sign may be internally illuminated provided that it shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. Freestanding monument signs shall not rotate, blink, flash, or be animated. Freestanding monument signs shall include landscaping and curbing around the base of the sign to prevent vehicles hitting the structure and improve the visual appearance of the sign structure. Landscaping shall be in proportion to the structure, with a minimum of one-half (1/2) square foot of landscaping for each square foot of sign area, and shall be maintained throughout the life of the sign. b. Projecting or suspended signs. Projecting or suspended signs shall not protrude less than eight (8) feet above the 70 Midway surface of the sidewalk. The following are recognized projecting signs: i. Blade signs. Blade signs shall be double-faced, may be non-illuminated, internal or internal indirect illuminated, or neon tube illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. The maximum sign area permitted is eighty (80) square feet. No one (1) face shall exceed forty ( 40) square feet. The maximum sign height permitted is twenty (20) feet. Blade signs shall not rotate, blink, flash, or be animated. ii. Hanging signs. Hanging signs shall be double-faced and shall be non-illuminated. c. Wall signs. Wall signs shall not exceed an area of ten (10) percent of the building first floor facade to which they are attached, or twenty-four (24) square feet, whichever is greater. Wall signs shall be attached flat against the building, and placement shall not exceed thirty-five (35) feet above median sidewalk grade measured from the top of the sign. Wall signs may be non-illuminated, internally or indirectly illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. 2. Identification signs for multitenant buildings. Each multitenant property may have one (1) freestanding monument sign per street 71 Midway frontage or one (1) projecting sign per street frontage if located along or at the intersections of SR-99 and SR-516, S 240th Street, S 245th Street, or S 272nd Street and each occupancy may have one (1) wall sign and one (1) suspended sign per occupancy, except the anchor tenants with a business frontage of at least one hundred (100) linear feet shall be allowed two (2) wall signs. The aggregate wall sign area shall not exceed ten (10) percent of the first floor building facade to which the signs are attached. a. Freestanding monument signs. Each multitenant property may have one (1) freestanding monument sign on each street frontage. The sign may not exceed a height of filteen (15) feet. The maximum sign area permitted is eighty (80) square feet for the total of all faces. No one (1) face shall exceed forty ( 40) square feet. The sign may be internally illuminated provided that it shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. Freestanding monument signs shall not rotate, blink, flash, or be animated. Freestanding monument signs shall include landscaping and curbing around the base of the sign to prevent vehicles hitting the structure and improve the visual appearance of the sign structure. Landscaping shall be in proportion to the structure, with a minimum of one-half (1/2) square foot of landscaping for each square foot of sign area, and shall be maintained throughout the life of the sign. b. Wall signs. Each multitenant building may have one (1) identification wall sign for the building's identification for each street frontage. The sign shall not exceed a total of five (5) percent of the first floor facade to which it is attached. The 72 Midway sign shall not name or advertise the individual tenants of the building. The sign may be internally illuminated provided that it shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. Aggregate sign area shall apply. A multitenant building shall have the option of the sign described in this subsection (D)(2)(b) or the identification sign described in subsection (D)(2)(c) of this section. c. Identification signs for occupancies. Each occupant of a multitenant building with street frontage shall be permitted two (2) wall signs and one (1) projecting or suspended sign. Each occupancy shall be allowed at least twenty-four (24) square feet of sign area. The aggregate wall sign area shall not exceed ten ( 10) percent of the first floor facade to which the signs are attached. The wall sign may be internally illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. The projecting or suspended sign shall be non-illuminated. E. Signs permitted in midwav transit communitv-2 district. The aggregate sign area for any lot shall not exceed one (1) square foot for each linear foot of street frontage. Aggregate sign area for corner lots shall not exceed three-fourths (3/ 4) square foot for each linear foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area and may be permitted subject to Midway Design Guidelines. 1. Identification signs for occupancies. Each single business property may have one (1) freestanding monument sign per street 73 Midway frontage or one (1) projecting sign per street frontage, if not located in a multitenant building, and two (2) wall signs and one (1) suspended sign per street frontage. a. Freestanding monument signs. Freestanding monument signs shall not exceed a height of five (5) feet. The maximum sign area permitted is thirty (30) square feet for the total of all faces. No one (1) face shall exceed fifteen (15) square feet. The sign may be illuminated indirectly. Freestanding monument signs shall include landscaping and curbing around the base of the sign to prevent vehicles hitting the structure and improve the visual appearance of the sign structure. Landscaping shall be in proportion to the structure, with a minimum of one-half (1/2) square foot of landscaping for each square foot of sign area, and shall be maintained throughout the life of the sign. b. Projecting or suspended signs. Projecting or suspended signs shall not protrude less than eight (8) feet above the surface of the sidewalk. The following are recognized projecting signs: i. Blade signs. Blade signs shall be double-faced, may be non-illuminated, indirect illuminated, or neon tube illuminated. The maximum sign area permitted is thirty (30) square feet. No one (1) face shall exceed fifteen (15) square feet. The maximum sign height permitted is fifteen (15) feet. Blade signs shall not rotate, blink, flash, or be animated. ii. Hanging signs. Hanging signs shall be double-faced and shall be non-illuminated. 74 Midway c. Wall signs. Wall signs shall not exceed an area of five (5) percent of the building first floor facade to which they are attached, or twenty-four (24) square feet, whichever is greater. Wall signs shall be attached flat against the building, and placement shall not exceed fifteen (15) feet above median sidewalk grade measured from the top of the sign. If a single business building is greater than sixty-five (65) feet in height, one (1) building identification wall sign for each street frontage may be placed on the parapet. Wall signs may be non-illuminated, internally or indirectly illuminated, or neon tube illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. Wall signs shall not blink, flash, or be animated. 2. Identification signs for multitenant buildings. Each multitenant property may have one (1) freestanding monument sign or one (1) projecting sign and each occupancy with street frontage may have two (2) wall signs and one (1) suspended sign. The aggregate wall sign area shall not exceed five (5) percent of the first floor building facade to which the signs are attached. a. Freestanding monument signs. Each multitenant property may have one (1) freestanding monument sign on each street frontage. The sign may not exceed a height of five (5) feet. The maximum sign area permitted is thirty (30) square feet for the total of all faces. No one (1) face shall exceed fifteen (15) square feet. The sign may be illuminated indirectly. Freestanding monument signs shall include landscaping and curbing around the base of the sign to prevent vehicles hitting the structure and improve the visual 75 Midway appearance of the sign structure. Landscaping shall be in proportion to the structure, with a minimum of one-half (1/2) square foot of landscaping for each square foot of sign area, and shall be maintained throughout the life of the sign. b. Projecting or suspended signs. Projecting or suspended signs shall not protrude less than eight (8) feet above the surface of the sidewalk. The following are recognized projecting signs: i. Blade signs. Blade signs shall be double-faced, may be non-illuminated, internal indirect illuminated, or neon tube illuminated. The maximum sign area permitted is thirty (30) square feet. No one (1) face shall exceed fifteen (15) square feet. The maximum sign height permitted is fifteen (15) feet. Blade signs shall not rotate, blink, flash, or be animated. ii. Hanging signs. Hanging signs shall be double-faced and shall be non-illuminated. c. Wall signs. Each multitenant building may have one (1) identification wall sign for the building's identification for each street frontage. The sign shall not exceed a total of five (5) percent of the first floor facade to which it is attached, or twenty-four (24) square feet, whichever is greater. Wall signs shall be attached flat against the building, and placement shall not exceed fifteen (15) feet above median sidewalk grade measured from the top of the sign. If the multitenant building is greater than sixty-five (65) feet in height, one (1) building identification wall sign for each street frontage may be placed on the parapet. The sign shall not name or advertise the individual tenants of the building. Wall signs may be non-illuminated, internally or indirectly illuminated, 76 Midway or neon tube illuminated. Internal illumination shall be constructed using individual letters/characters. or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. Wall signs shall not blink, flash, or be animated. Aggregate sign area shall apply. A multitenant building shall have the option of the sign described in this subsection (E)(2)(c) or the identification sign described in subsection (E)(2)(d) of this section. d. Identification signs for occupancies. Each occupant of a multitenant building with street frontage shall be permitted two (2) wall signs and one (1) projecting or suspended sign. Each occupancy with street frontage shall be allowed at least twenty-four (24) square feet of sign area. The aggregate wall sign area shall not exceed five (5) percent of the first floor facade to which the signs are attached. The wall sign may be internally illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. The projecting or suspended sign shall be non-illuminated. Wall signs shall not blink, flash, or be animated. F. Signs permitted in midwav commercial/residential district. The aggregate sign area for any lot shall not exceed one (1) square foot for each linear foot of street frontage. Aggregate sign area for corner lots shall not exceed three-fourths (3/4) square foot for each linear foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area and may be permitted subject to Midway Design Guidelines. 1. Identification signs for occupancies. Each single business property may have one (1) freestanding monument sign per street 77 Midway frontage or one ( 1) projecting sign per street frontage, if not located in a multitenant building, and two (2) wall signs and one (1) suspended sign per street frontage. a. Freestanding monument signs. Freestanding monument signs shall not exceed a height of fifteen (15) feet. The maximum sign area permitted is eighty (80) square feet for the total of all faces. No one (1) face shall exceed forty ( 40) square feet. The sign may be internally illuminated provided that it shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. Freestanding monument signs shall not rotate, blink, flash, or be animated. Freestanding monument signs shall include landscaping and curbing around the base of the sign to prevent vehicles hitting the structure and improve the visual appearance of the sign structure. Landscaping shall be in proportion to the structure, with a minimum of one-half (1/2) square foot of landscaping for each square foot of sign area, and shall be maintained throughout the life of the sign. b. Projecting or suspended signs. Projecting or suspended signs shall not protrude less than eight (8) feet above the surface of the sidewalk. The following are recognized projecting signs: i. Blade signs. Blade signs shall be double-faced, may be non-illuminated, internal or internal indirect illuminated, or neon tube illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. The maximum sign 78 Midway area permitted is eighty (80) square feet. No one (1) face shall exceed forty ( 40) square feet. The maximum sign height permitted is twenty (20) feet. Blade signs shall not rotate. blink, flash, or be animated. ii. Hanging signs. Hanging signs shall be double-faced and shall be non-illuminated. c. Wall signs. Wall signs shall not exceed an area of ten (10) percent of the building first floor facade to which they are attached, or twenty-four (24) square feet, whichever is greater. Wall Signs shall be attached flat against the building, and placement shall not exceed thirty-five (35) feet above median sidewalk grade measured from the top of the sign. Wall signs may be non-illuminated, internally or indirectly illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. 2. Identification signs for mu!titenant buildings. Each multitenant property may have one (1) freestanding monument sign or one (1) projecting sign and each occupancy with street frontage may have two (2) wall signs and one (1) suspended sign per, except the anchor tenants with a business frontage of at least one hundred (100) linear feet shall be allowed three (3) wall signs. The aggregate wall sign area shall not exceed ten (10) percent of the first floor building facade to which the signs are attached. a. Freestanding monument signs. Each multitenant property may have one (1) freestanding monument sign on each street frontage. The sign may not exceed a height of fi~een (15) feet. The maximum sign area permitted is eighty (80) 79 Midway square feet for the total of all faces. No one (1) face shall exceed forty ( 40) square feet. The sign may be internally illuminated provided that it shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. Freestanding monument signs shall not rotate, blink, flash, or be animated. Freestanding monument signs shall include landscaping and curbing around the base of the sign to prevent vehicles hitting the structure and improve the visual appearance of the sign structure. Landscaping shall be in proportion to the structure, with a minimum of one-half (1/2) square foot of landscaping for each square foot of sign area, and shall be maintained throughout the life of the sign. b. Wall signs. Each multitenant building may have one (1) identification wall sign for the building's identification for each street frontage. The sign shall not exceed a total of five (5) percent of the first floor facade to which it is attached. The sign shall not name or advertise the individual tenants of the building. The sign may be internally illuminated provided that it shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. Aggregate sign area shall apply. A multitenant building will have the option of the sign described in this subsection (F)(2)(b) or the identification sign described in subsection (F)(2)(c) of this section. c. Identification signs for occupancies. Each occupant of a multitenant building with street frontage shall be permitted two (2) wall signs and one ( 1) projecting or suspended sign. 80 Midway Each occupancy shall be allowed at least twenty-four (24) square feet of sign area. The aggregate wall sign area shall not exceed ten (10) percent of the first floor facade to which the signs are attached. The wall sign may be internally illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. The projecting or suspended sign shall be non-illuminated. G9. Signs permitted in office and neighborhood convenience commercial districts. 1. Generally. One (1) freestanding double-faced identification sign shall be permitted for each lot. The sign shall not exceed a maximum area of fifty (50) square feet for the total of all faces. No one (1) face shall exceed twenty-five (25) square feet. A freestanding sign shall not exceed a height of fifteen (15) feet and shall be unlighted or provided with indirect illumination. 2. Identification signs for buildings. One (1) identification sign shall be permitted for each principal building. The sign shall not exceed an area of five (5) percent of the facade to which it is attached, shall be attached flat against the building, shall not project above the eave of the roof or the top of the parapet, and shall be unlighted or provided with indirect illumination. Such signs shall not advertise or name individual tenants of the building. 3. Identification signs for occupancies. Signs not exceeding a total of five (5) percent of the facade of the business unit to which they are attached shall be permitted for each occupancy in a multitenant building when the occupancy has outside frontage. HE. Signs permitted in industrial districts. 81 Midway 1. Aggregate sign area. The aggregate sign area for lots in the MA, M 1, and AG districts shall not exceed one-half (1/2) square foot for each foot of street frontage. The aggregate sign area for lots in the M2 district shall not exceed three-fourths (3/4) square foot for each foot of street frontage. The aggregate sign area for lots in the M3 district shall not exceed one (1) square foot for each foot of street frontage. In no case shall the aggregate sign area exceed one-half (1/2) square foot for each foot of street frontage on a corner lot. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. a. Identification signs for buildings. One (1) identification sign shall be permitted for each lot on each street frontage, which may be a freestanding sign or a wall sign. The maximum sign area permitted for a freestanding sign is two hundred (200) square feet for the total of all faces. No one (1) face shall exceed one hundred (100) square feet. If the sign is a wall sign, its size shall not exceed twenty (20) percent of the building facade. A freestanding sign shall not exceed a height of twenty (20) feet. The sign may be illuminated. b. Identification signs for occupancies. One (1) identification sign shall be permitted for each occupancy on each street frontage and shall be a wall sign. The maximum size of the sign shall be ten (10) percent of the building facade. This sign may be illuminated. If the identification sign permitted under subsection (E)(l)(a) (H)(l)(a) of this section is a wall sign, an additional wall sign may be permitted on a building facade not facing a street frontage. 2. Farm product identification signs. No permit is required, but the sign may not be located in the public right-of-way. 82 Midway IF. Signs permitted in planned unit developments, special use combining districts, and mobile home park districts and for conditional uses. All signs in planned unit developments, special use combining districts, and mobile home parks and for conditional uses shall be incorporated as part of the developmental plan and approved with the developmental plan. Subsequent changes which conform to the adopted signing program may be granted by the planning manager director. JG. Signs permitted in shopping centers. The aggregate sign area for each occupant of a shopping center shall not exceed twenty (20) percent of the front facade of the unit. Wall signs are permitted on each exterior wall of the individual business unit. A minimum of thirty (30) square feet shall be permitted for any occupancy. No combination of signs shall exceed ten (10) percent of the facade to which they are attached. If there is an attached canopy or overhang, a ten (10) square foot sign may be attached to the canopy or overhang in addition to the other permitted signs. Such sign shall be at least eight (8) feet above any pedestrian walkway. KH. Signs permitted in GWC zoning district. 1. Aggregate sign area. The aggregate sign area for any lot shall not exceed one (1) square foot for each foot of street frontage. Aggregate sign area for corner lots shall not exceed three-fourths (3/4) square foot for each foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. a. Identification signs for occupancies. Each business establishment may have one (1) freestanding sign per street frontage, if not located in a shopping center, and one (1) wall sign per street frontage. i. Freestanding signs. Freestanding signs shall not exceed a height of fifteen (15) feet. The maximum sign 83 Midway area permitted is one hundred (100) square feet for the total of all faces. No one (1) face shall exceed fifty (50) square feet. The sign may be illuminated. Freestanding signs shall not rotate. ii. Wall signs. One (1) wall sign per street frontage shall be permitted. The total area of all signage, graphics, or other advertising shall not exceed ten (10) percent of the building facade to which it is attached. b. Identification signs for shopping centers. One (1) freestanding or one (1) wall shopping center identification sign shall be permitted for each street frontage of the shopping center. The maximum sign area permitted for a freestanding sign is one hundred (100) square feet. No one (1) face shall exceed fifty (50) square feet. Freestanding signs shall be limited to fifteen (15) feet in height. The sign may be illuminated. Freestanding signs shall not rotate. One (1) wall sign shall be permitted per occupancy, except that anchor tenants (business establishments with a store frontage of at least one hundred (100) feet in length) shall be allowed two · (2) wall signs. The aggregate wall sign area shall not exceed ten (10) percent of the building facade to which the signs are attached. SECTION 21 -Amendment. Section 15.07.060 of the Kent City Code is amended as follows: Sec. 15.07.060. Regulations for specific districts. Landscaping regulations for specific zoning districts are as follows: A. Residential agricultural, SR-1. None. 84 Midway 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. E. Mobile home park combining district, MHP. Requirements shall be per the mobile home park code. 85 Midway F. Community commercial, CC. Commercial manufacturing, CM. General commercial, GC. Professional and office district, 0. 1. The perimeter of property abutting a residential district shall be landscaped to a minimum depth of ten (10) feet. 2. A planting strip not less than five (5) feet in depth shall be provided along all 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, placement of which shall be determined through the downtown design review process outlined in KCC 15.09.046. 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 three (3) feet of landscaping to screen off-street parking areas, placement of which shall be determined through the downtown design review process outlined in KCC 15.09.046. 86 Midway 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: 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 87 Midway shall be provided as set forth in 2009 Design & 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, MCR. 1. Additional landscaping requirements. Landscaping requirements shall be determined through the midway design review process 88 Midway 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. Lf. Industrial agricultural, MA (industrial uses) and Agricultural general district, AG. Industrial park district, M 1. 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 (I)(l) of this section. M:t. Limited industrial district, M2. 1. Front yard. The front fifteen (15) feet shall be improved with appropriate permanently maintained landscaping. 89 Midway 2. Side yard. At least ten (10) feet of the side yard shall be landscaped as provided in subsection (J)(l) of this section. NK 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 (K)(l) of this section. 0-1::. 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. 90 Midway 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. d. 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. PM. Neighborhood convenience commercial, NCC. 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. 91 Midway 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. d. 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. SECTION 22 -Amendment. Section 15.09.045 of the Kent City Code is amended as follows: Sec. 15.09.045. Administrative design review. A. Purpose and scope. Administrative design review is an administrative process, the purpose of which is to implement and give effect to the comprehensive plan, its policies or parts thereof through the adoption of design criteria for development relative to site layout, landscape architecture, and exterior structure design. It is the intent of the city that this process will serve to aid applicants in understanding the principal expectations of the city concerning design, and encourage a diversity of imaginative solutions to development through the planning services division review and application of certain criteria. These criteria have been formulated to improve the design, siting, and construction of development projects so as to be compatible, both visually and otherwise, with the topographic, open space, urban, or suburban characteristics of the land or adjacent properties, while still maintaining allowable densities to be applied in a manner consistent with established land use policies, the 92 Midway comprehensive plan, this title, and community development goals of the city. The adoption of design criteria is an element of the city's regulation of land use, which is statutorily authorized. Application of the multifamily design process to the design criteria adopted in this section is established as an administrative function delegated to the planning services division pursuant to RCW Title 35A; therefore, in implementing the administrative design review process, the planning manager director may adopt such rules and procedures as are necessary to provide for expeditious review of proposed projects. Further rules may be promulgated for additional administrative review. B. Application and review process. Administrative design review process is classified as a Process II application and shall be subject to the applicable requirements of Ch. 12.01 KCC. The applicant must make application for the design review process on forms provided by the planning services division. Upon receipt of an application for design review, the planning manager director shall circulate the application to the public works director, building official, and the city administrator for review. Prior to making a final decision, the planning manager director shall review any comments submitted for consideration. In the administration of this process, the planning manager director may develop supplementary handbooks for the public, which shall pictorially illustrate and provide additional guidance on the interpretation of the criteria set forth in subsections (C) and (D) of this section, as well as a detailed explanation of the design review process. C. Residential design review. In order to diminish the perception of bulk, and provide visual interest along residential home facades that face public areas, architectural design considerations shall be applied. Homes located within subdivisions and short subdivisions vested after March 22, 2007, or 93 Midway altered to comply with code amendments effective after March 22, 2007, shall be subject to residential design review. This design review shall be applied administratively as part of the building permit review process for each new home. 1. Orientation of homes. The entry facade of each dwelling unit shall be generally oriented toward the highest classification street from which access to the lot is allowed. 2. Attached units. A building that contains a grouping of attached units shall not exceed a two hundred (200) foot maximum length and shall be separated from other groups of attached units by a minimum fifteen ( 15) feet. 3. Architecture. Each dwelling unit facade that faces a public area shall, at a minimum, incorporate architectural elements as follows: a. Two (2) elements of facade modulation and/or roofline variation; b. The maximum horizontal facade length without one (1) element of either facade modulation or roofline variation shall be twenty (20) feet; and c. Three (3) architectural detail elements. 4. Garages. Dwelling units within subdivisions and short subdivisions shall provide diminished garage doors according to the percentage and locations approved with the subdivision and short subdivision. 94 Midway D. Multifamily design review. The planning services division shall use the following criteria in the evaluation and/or conditioning of applications under the multifamily design review process: 1. Site design. a. The site plan for the development should be integrated with the surrounding neighborhood. b. The site plan should take into consideration significant environmental considerations and the lay of the land. c. The site plan should provide an open space network which will accommodate a wide variety of activities, both semipublic and private. d. The site plan should accommodate vehicular access and parking in a manner which is convenient, yet does not allow the automobile to dominate the site. e. The site plan should provide safe and convenient pedestrian circulation. 2. Landscape design. a. The landscape plan should integrate with and enhance the surrounding neighborhood landscape. b. The landscape plan should incorporate existing natural features of significance. 95 Midway c. The landscape plan should enhance the planned open space network. d. The landscape plan should enhance the parking and utility areas on the site. e. The landscape plan should enhance building forms and orientation. f. The landscape plan should indicate the use of plant species suited to the microclimate of the site and should provide for maintenance of these plants. 3. Building design. a. The buildings in the development should, where appropriate, maintain neighborhood scale and density. b. The buildings in the development should be oriented to provide for privacy of residents. c. The exterior design of all buildings in the development should provide for individual unit identity. E. Multifamily transition areas. Through the administrative design review process, specific multifamily transition area requirements may be waived or modified where the applicant demonstrates an alternative site plan which fulfills an equivalent function to the multifamily transition area requirements. Elements which may be evaluated under this process include general site layout, building placement and orientation, parking and maneuvering arrangements, landscaping, and other screening and buffering provisions. 96 Midway 1. Required findings. In order to modify or waive any multifamily transition area requirement, the planning manager director must find that all of the following criteria have been met: a. The proposal will accomplish the same or better protection of an abutting single-family district from impacts of noise, traffic, light, and other environmental intrusions caused by the multifamily development. b. The proposal will accomplish the same or better transition between the multifamily development and abutting streets, including adequate buffering of the multifamily development from the street, and vice versa. c. The proposal is compatible with surrounding uses. Compatibility includes but is not limited to site layout, size, scale, mass, and provisions for screening and buffering. The planning manager director shall issue a report of his findings, conclusions, and determination for each proposal under this section. F. Mixed use design review. The planning services division shall use the following criteria in the evaluation and/or conditioning of applications under the mixed use design review process when a project includes residential use: 1. The following criteria should apply to all mixed use with a residential component development: a. Some common recreation space roofs, terraces, indoor rooms, courtyards. 97 Midway b. Lighting features that are shielded, directing light downwards. c. The residential portion of the building should incorporate residential details, such as window trim, trellises, balconies, and bay windows. d. The residential component should have an obvious, generous entrance, within features suggesting a "front door" for example, a lobby, trellis, gate, archway, or courtyard. 2. The following criteria shall apply to mixed use development: a. If the residential component is located away from the main street, a landscaped pedestrian path should be provided between the entrance and public sidewalk. b. Although the commercial and residential components may have different architectural expressions, they should exhibit a number of elements that produce the effect of an integrated development. c. Surface parking should be generously landscaped to serve as an amenity. Lighting fixtures should not exceed the height of the first floor. 3. The following criteria shall apply to mixed use buildings with a residential component: 98 Midway a. Parking lots, if used, should be divided into small increments, separated by landscaping and structures, so that parking does not dominate the site. b. Articulated by use of different materials, generous windows with low sill heights, "store" doors, canopies, and planters. c. Residential floors should be expressed in an obvious manner, with stepbacks, change in materials or color, and overhangs. d. Commercial signs should be contained within the first floor commercial base and not extend up into the residential floor facades. G. Transit oriented community design review. The planning services division shall use the following criteria in the evaluation or conditioning of applications under the transit oriented community design review process: 1. The Midway Design Guidelines as an adopted element of the city's regulation of land use, which is statutorily authorized, shall apply to all development with a land use plan map designation of transit oriented community. 2. Residential use design review. In addition to the Midway Design Guidelines, the following design requirements apply to residential' uses and development. a. Openings from the build-to line. When a residential unit has direct access to the public domain, a ten (10) foot front yard shall be provided. When residential units have access 99 Midway through a main location, such as an atrium, courtyard or other main entryway, said access shall be at the build-to line. b. Open space. Residential development shall provide not less than twenty (20) percent of the gross land area for common open space, which shall be: i. Designed to provide either passive or active recreation; ii. If under one (1) ownership, owner shall be responsible for maintenance; iii. If held in common ownership by all owners of the development by means of a home-owners' association, said association shall be responsible for maintenance. If such open space is not maintained in a reasonable manner, the city shall have the right to provide for the maintenance thereof and bill the homeowners' association accordingly. If unpaid, such bills shall be a lien against the homeowners' association; or iv. Dedicated for public use if accepted by the city legislative authority or other appropriate public agency. c. Storage of recreational vehicles. The storage or parking of recreational vehicles shall be prohibited. HG. Appeals. The decision of the planning manager director to condition or reject any application under the administrative design review process is final unless an appeal is made by the applicant or any party of record to the hearing examiner within fourteen (14) calendar days of either the 100 Midway issuance of the director's conditional approval under this section of any application, or the director's written decision rejecting any application under this section. The appeal shall be conducted by the hearing examiner as an open record appeal hearing in accordance with the requirements of Ch. 2.32 KCC and Ch. 12.01 KCC. The decision of the hearing examiner shall be final unless an appeal is made to the superior court within twenty- one (21) calendar days after the hearing examiner's notice of decision. SECTION 23 -Severabilitv. 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. SECTION 24 -Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 25 -Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after · s passage as provided by law. 1 ATTEST: 101 Midway APPROVED AS TO FORM: PASSED: L-3 day of &~ ' 20_!_L. APPROVED: ;tf day of ~ ' 201( . PUBLISHED: /lo day of ~ ' 20_LL. L/ 0 I/ 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. P:\Civil\Ordinancc\Midway _DevRegs.FINAL.docx 102 Midway