HomeMy WebLinkAbout4318 ORDINANCE NO._ r`� r
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Title 6 of the
Kent City Code by adopting a new chapter 6.16
establishing utility design standards and aesthetic
requirements for infrastructure located within the
right-of-way, including small cell equipment, and
proprietary or leased poles and equipment attached
to these poles.
RECITALS
A. Utility and telecommunication service providers often utilize
city rights-of-way to deploy the facilities necessary to provide various
services to the general public.
B. As wireless communication technology has continued to
advance, requests from telecommunication service providers to utilize the
city rights-of-way to install, construct and maintain facilities in new and
different ways have increased.
C. The City embraces and supports small cell technology and the
advances the City expects it to provide, yet also has a fundamental role to
manage the rights-of-way to first protect the public safety and welfare and
also to protect the City's significant investments of time, resources and
money in construction, design standards and undergrounding of utilities.
1 Adopt Chapter 6.16 KCC -
Utility Design Standards
in the Right-of-Way
D. These design standards and aesthetic requirements were
crafted to address concerns regarding service providers deploying unsightly
facilities that create traffic and sight distance hazards and would be
incompatible with the character of the streetscape or neighborhood.
E. The City is committed to and encourages a safe, reliable,
efficient, integrated and connected system of Complete Streets that
promotes access, mobility and health for all people, regardless of their age,
physical ability or mode of transportation. In particular, the City has
determined that allowing small cell equipment on traffic control signal
systems poses a risk to public safety and welfare. For example, deployment
of small cell equipment or facilities on traffic control signal systems could
impede or interfere with the operation of the traffic control signal system,
negatively impact future traffic control signal system planning, or place
additional burdens on city staff and resources in the event of vehicular
collisions or weather-related events.
F. The City of Kent has expended significant time and resources
developing streetscape design and construction standards in various parts
of the City to ensure that specified areas have an attractive, yet cohesive
look and feel. These standards were developed at great time and expense
to help advance revitalization, create safer public spaces and generate a
greater sense of community pride and economic vitality.
G. In order to balance the deployment of new technology with the
City's role to manage the rights-of-way and preserve the time, money and
effort expended upon streetscape designs and standards, this new chapter
establishes aesthetic requirements and design standards for small cell
equipment and the proprietary and leased poles this equipment may be
deployed upon. These standards and requirements are targeted to reduce
the aesthetic harm and impact of the bulky equipment and wires that are a
2 Adopt Chapter 6.16 KCC -
Utility Design Standards
in the Right-of-Way
part of small cell equipment and to minimize visual clutter and public safety
impacts.
H. It is also important for the City to address the aesthetic harms
and impacts of non-wireless bulky equipment within the right-of-way.
Accordingly, this chapter sets forth design requirements for utility poles
directed toward reducing the overhead clutter caused by equipment
installed on utility poles.
I. This chapter has been drafted to comply with the recently
adopted Federal Communications Commission Declaratory Ruling and Third
Report and Order (FCC 18-133), which limits local discretion to regulate the
location of small cell equipment and facilities. Specifically, FCC 18-133 only
allows aesthetic requirements that are reasonable, no more burdensome
than those applied to other types of infrastructure deployments, and
objective and published in advance. FCC 18-133 also requires that these
standards be published within 180 days after the October 15, 2018
publication of the Order.
J. Staff provided an overview of the choices and decisions
regarding the design of small cells on February 25, 2019 to the Public Works
Committee.
K. On March 18, 2019, the Public Works Committee voted to
recommend adoption of the proposed amendments to the City Council.
L. On March 19, 2019, at its regularly scheduled meeting, the
City Council voted to set a public hearing for April 2, 2019 regarding the
proposed code amendment related to design standards within the right-of-
way.
M. On March 19, 2019, the City's SEPA Responsible Official issued
a Determination of Non-Significance for the proposed code amendment.
3 Adopt Chapter 6.16 KCC -
Utility Design Standards
in the Right-of-Way
N. At its regularly-scheduled meeting on April 2, 2019, the City
Council held a public hearing regarding the proposed code amendments
and, after considering the matter, voted to adopt the amendments to Title
6 of the Kent City Code, adding a chapter establishing design standards for
small cell equipment and other poles and facilities within the right-of-way.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - New Chapter. Title 6 of the Kent City Code is amended
by adding a new chapter 6.16, entitled "Utility Design Standards in the
Right-of-Way," to read as follows:
CHAPTER 6.16
UTILITY DESIGN STANDARDS IN THE RIGHT-OF-WAY
Sec. 6.16.010. Purpose.
A. The City Council, as trustee of the City's public right-of-way, has the
authority to authorize right-of-way use by utilities and other entities in order
to serve the public if an agreement consistent with state and federal law and
the best interests of the city and its residents can be reached. The purpose
of the design standards set forth within this chapter is to locate small cell
equipment, utility poles and other infrastructure in the city's rights-of-way
in a manner that minimizes potential incompatibilities with adjacent uses,
addresses traffic safety, limits bulk and minimizes aesthetic impacts.
B. The design standards within this chapter shall be considered
concealment features when considering whether a proposed modification is
4 Adopt Chapter 6.16 KCC -
Utiiity Design Standards
in the Right-of-Way
a substantial change under Section 6409(a) of the Spectrum Act, 47 U.S.C.
§ 1455(a).
Sec. 6.16.020. Conflicting provisions. In the event of a conflict
between the provisions of this chapter, the terms of any issued franchise, or
any federal law or federal regulation, it is intended that the stricter standard
shall apply unless the context clearly evidences a contrary intent, or unless
the city is preempted on the issue by applicable law. Should any franchise
or other applicable law be silent on the issue of conflict, this section shall
control.
Sec. 6.16.030. Definitions. The following words, terms, and
phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different
meaning:
A. City-owned infrastructure means poles, street light standards or other
street-related appurtenances located in rights-of-way and owned by the City
of Kent.
B. Combination Pole means a pole which includes both a streetlight and
small cell equipment or facilities that replaces existing city-owned
infrastructure.
C. Director means the City of Kent public works director, or his or her
designee.
D. Franchise refers to the authorization granted by the city to a utility
or other service provider for the nonexclusive right to occupy city rights-of-
way to provide service within a designated franchise area. A franchise shall
be authorized by ordinance and must be accepted by the franchisee to
become effective. A franchise shall not include or be a substitute for:
5 Adopt Chapter 6.16 KCC -
Utility Design Standards
in the Right-of-Way
1. Any other permit or authorization required for the privilege of
transacting and carrying on business within the city, including without
limitation a business license; or
2. Any permit, agreement, or authorization required in
connection with operations on or in public streets or property, including
without limitation, a street cut permit, a street use permit, or other
construction permit or approval; or
3. Any permits or agreements for occupying any other property
in the city for which access is not specifically granted by the franchise,
including without limitation, permits and agreements for placing devices on
or in poles, conduits, other structures, or railroad easements, whether
owned by the city or any other public or private entity, or for providing any
service.
E. Rights-of-Way (singular Right-of-Way) means the surface of, and the
space above and below, any public street, highway, freeway, bridge, land
path, alley, court, boulevard, sidewalk, way, lane, public way, drive, circle,
pathway, space, or other public right-of-way, and over which the City has
authority to grant permits, licenses or franchises for use thereof, or has
regulatory authority thereover. Rights-of-Way for the purpose of this
chapter do not include railroad rights-of-way, airports, harbor areas,
buildings, parks, poles, conduits, open spaces, nature trails, dedicated but
un-opened right-of-way, undedicated streets and/or right-of-way,
environmentally sensitive areas and any land, facilities, or property owned,
maintained, or leased by the City in its governmental or proprietary capacity
or as an operator of a utility.
F. Small cell equipment or facilities means wireless telecommunications
facilities attached, mounted, or installed on a proprietary or leased pole,
6 Adopt Chapter 6.16 KCC -
Utility Design Standards
in the Right-of-Way
excluding monopole towers, that is located in right-of-way and used to
provide personal wireless service.
G. Traffic control signal system means traffic signal poles, mast arms,
luminaires and associated mast arms, ancillary poles and related
appurtenances.
H. Utility Pole means a pole or vertical structure owned by a utility
company or other third party with the right either pursuant to state law or
a franchise to place such facilities in the right-of-way. An 'Original Utility
Pole" is a pole that has not been replaced to accommodate Small Cell
Facilities, but that is capable of accommodating Small Cell Facilities. A
"Replacement Utility Pole" means a pole that replaces an Original Utility Pole
to accommodate Small Cell Facilities and does not result in an increase in
the total number of Utility Poles. Each reference to a Utility Pole herein
includes any Original Utility Pole and any Replacement Utility Pole.
Sec. 6.16.040. General Requirements.
A. All poles and small cell equipment or facilities shall be constructed
or installed according to applicable federal, state and city regulations and
standards, including the City of Kent Design and Construction Standards.
B. Ground mounted equipment in the rights-of-way is prohibited,
unless such facilities are placed underground.
C. Small cell equipment or facilities are not permitted on traffic control
signal systems.
D. All poles shall comply with the Americans with Disabilities Act
("ADA"), City of Kent Design and Construction Standards, and state and
federal regulations in order to provide clear passage within the rights-of-
way. The location of any replacement or new Utility or Combination Pole
7 Adopt Chapter 6.16 KCC -
Uti/ity Design Standards
in the Right-of-Way
must not interfere with utility or safety fixtures (e.g., fire hydrants, traffic
control devices), and not adversely affect public health, safety or welfare.
E. In order to minimize negative visual impact to the surrounding area
and to avoid excessive overhead clutter, the Director may deny a request
for proposed small cell equipment where the proposed location is deemed
inappropriate due to the extent of existing above ground wireless
telecommunications or other electrical or cable facilities existing within a one
hundred fifty foot (150') radius of the proposed Small Cell equipment
location. The Director may also deny a request for proposed small cell
equipment on a Utility Pole already containing more than one electrical
transformer.
F. The use of any city-owned infrastructure or Utility Pole for the siting
of small cell equipment shall be considered secondary to the primary
function of the pole. If the primary function of a pole serving as the host for
small cell equipment becomes unnecessary, the pole shall not be retained
for the sole purpose of accommodating the small cell facility, and the small
cell facility and all associated equipment shall be removed.
G. Replacement Poles shall be located as near as possible to the existing
pole, while meeting the current City of Kent Design and Construction
standards. The abandoned pole must be removed.
H. Replacement and Combination Poles shall match the color and
material of the original or adjacent poles. Replacement and Combination
Poles shall be located in a location that minimizes the appearance from
existing adjacent residential structures to the maximum extent feasible. For
example, locations where new poles or replacement poles would be close to
windows, in front of historically or architecturally significant buildings, or in
locations where the equipment would disturb views of significance should be
avoided.
8 Adopt Chapter 6.16 KCC -
Utility Design Standards
in the Right-of-Way
I. The number of conduit shall be minimized to the number necessary
to accommodate the facilities or equipment on the Utility Pole. The color of
external cables, wires and conduit shall match the color of the Utility Pole
or be a neutral color such as black, brown, beige, off-white, or light gray.
The conduit shall be mounted as closely as possible to the pole, while still
meeting the required safety clearances.
I All cables and wiring on Utility Poles shall also be concealed to the
maximum extent feasible. Any wires outside the conduit shall be
consolidated and pulled as tight as technically feasible. Loops of excess
wires shall not be lashed to the pole, to electrical wires supported by the
pole, or to any pole-mounted equipment.
K. Ancillary equipment and facilities, including conduit and cable shall
not dominate the structure or utility pole upon which these things are
attached.
L. Antennas and related equipment shall not be illuminated except for
security reasons, required by a federal or state authority, or unless
approved as part of a concealment element plan.
M. Side arm mounts and strand mounts for antennas or equipment are
prohibited.
N. The city may consider the cumulative visual effects of small cell
equipment mounted on poles within the rights-of-way when assessing
proposed siting locations so as not to adversely affect the visual character
of the area. This provision shall neither be applied to limit the number of
permits issued when no alternative sites are reasonably available nor to
impose a technological requirement on the service provider.
O. These design standards are intended to be used solely for the purpose
of concealment and siting. Nothing herein shall be interpreted or applied in
9 Adopt Chapter 6.16 KCC -
Utility Design Standards
in the Right-of-Way
a manner which dictates the use of a particular technology. When strict
application of these requirements would unreasonably impair the function
of the technology chosen by the applicant, alternative forms of concealment
or deployment may be permitted which provide similar or greater
protections from negative visual impacts to the streetscape.
P. No equipment on any Utility or Combination Pole may be operated so
as to produce noise in excess of ambient noise levels.
Sec. 6.16.050. Small Cell Equipment Design Standards and
Aesthetic Requirements on Utility Poles.
A. Locations.
1. Small cell equipment on Utility Poles shall be located in a
location that minimizes the appearance of small cell equipment from existing
adjacent residential structures to the maximum extent feasible. For
example, best efforts shall be used to avoid locations where small cell
equipment would be close to windows, in front of historically or
architecturally significant buildings, or in locations where the equipment
would disturb views of significance.
2. A Utility Pole shall not contain more than one small cell facility.
B. Replacement Utility Poles. The height of any Replacement Utility Pole
including antennas shall be: fifty (50) feet or less; or not extended to a
height of more than ten percent (10%) above its preexisting height as a
result, whichever is greater.
C. Small Cell Equipment Design. Small cell equipment shall comply with
the design standards set forth within this Section.
1. Color. Small cell equipment antennas, conduit, mounting
hardware and equipment cabinets shall be painted a neutral color to match
10 Adopt Chapter 6.16 KCC -
Utility Design Standards
in the Right-of-Way
the color of the Utility Pole, or at the city's preference, small cell equipment
shall be painted any color of the city's choosing, so long as the paint is
reasonably commercially available.
2. Mount. Small cell equipment shall be mounted as closely to
the Utility Pole as possible, and shall not extend out more than three (3)
feet from the pole. Ground mounted equipment is prohibited.
3. No Illumination. Except as otherwise required by applicable
law, small cell equipment shall not be illuminated.
4. Concealed Wires. Small cell equipment's external cables and
wires shall be enclosed in a conduit so that wires are protected and not
visible or visually minimized to the maximum extent feasible. The number
of conduit shall be minimized to the number necessary to accommodate the
small cell facility and the conduit shall be mounted as closely to the pole,
while still meeting the required safety clearances necessary for the pole to
remain climbable. The color of external cables and wires and conduit shall
match the color of the Utility Pole or be a neutral color such as black, brown,
beige, off-white, or light gray. All cables shall be also be concealed to the
extent feasible.
5. Bulk.
a. Primary small cell equipment enclosures shall not
exceed twelve (12) cubic feet in volume.
b. Multiple antennas are permitted provided that the
cumulative total antenna volume shall not exceed twelve (12) cubic feet.
C. If, due to technological reasons, the proposed
equipment enclosures do not comply with this subsection, the Director may
approve primary small cell equipment enclosures up to twenty-eight (28)
11 Adopt Chapter 6.16 KCC -
Utiiity Design Standards
in the Right-of-Way
cubic feet in volume following a submission to the Director demonstrating
that the proposal includes the smallest small cell equipment enclosure that
is technologically feasible for the specific small cell facility.
6. Stickers. The use of stickers on Utility Poles should be
minimized to the extent feasible.
Sec. 6.16.060. Small Cell Equipment Design Standards and
Aesthetic Requirements on City-owned Infrastructure.
A. General Considerations.
1. In order to install small cell equipment on city-owned
infrastructure, the existing city-owned pole must be removed and replaced
with a Combination Pole meeting the requirements of Section 6.16.040
General Requirements and this Section 6.16.060. Alternatively, the Director
may approve the installation of a Combination Pole in a location where it has
been identified that a streetlight is necessary and if the installation of the
Combination Pole complies with the lighting criteria set forth in the City of
Kent Design and Construction Standards.
2. Three types of Combination Poles are allowed: (1) Combination
Pole with a canister or shrouded antenna; (2) Combination Pole with
equipment shroud; and (3) Combination Pole with canister or shrouded
antenna and equipment shroud, as depicted in Exhibit A.
B. Requirements for all Combination Poles.
1. The design of a Combination Pole shall match the existing city-
owned infrastructure installed adjacent to the proposed Combination Pole
and substantially conform to the depictions in Exhibit A or those
subsequently adopted in the City of Kent Design and Construction
Standards. The same Combination Pole shall be used in the same corridor,
12 Adopt Chapter 6.16 KCC -
Utility Design Standards
in the Right-of-Way
in a defined area with adopted design standards or guidelines, or within a
neighborhood to maintain a cohesive appearance.
2. The height of any Combination Pole replacing city-owned
infrastructure including antennas shall be: fifty (50) feet or less; or not
extended to a height of more than ten percent (10%) above its preexisting
height as a result, whichever is less. The height of a Combination Pole
installed at a new location pursuant to Section 6.16.060(A)(1) shall be
approved by the Director.
3. The diameter of the Combination Pole shall be no larger than
16 inches. The Director may approve a diameter up to 20 inches if an
applicant can demonstrate that more space is needed.
4. No horizontal flat spaces greater than 1.5 inches shall exist on
the Combination Pole to prevent cups, trash and other objects from being
placed on the pole.
5. All wiring and cabling shall be internal to the Combination Pole.
6. Any antenna or equipment shroud shall be colored to match
the Combination Pole.
7. Any splicing of wiring and cabling shall be underground.
8. The luminaire shall be mounted at the same height as
surrounding luminaires.
9. All mounting brackets, anchor bolts and other hardware
connections shall be concealed.
C. Requirements for Specific Combination Pole Types.
1. Combination Pole with Canister or Shrouded Antenna.
13 Adopt Chapter 6.16 KCC -
Utility Design Standards
in the Right-of-Way
a. The antenna shall be a canister or shrouded antenna and
mounted at the top of the Combination Pole. There shall be a smooth
transition between the upper part of the pole and the antenna and the
antenna shall be integrated so that it appears as a continuation of the
original pole. Antennas shall be scaled to be a maximum of 1.25 times the
diameter of the pole at the antenna-mounting location.
b. The canister antenna or antenna shroud shall be colored
to match the Combination Pole.
2. Combination Pole with Equipment Shroud.
a. In place of an antenna at the top of the Combination
Pole, a single external shroud containing the antenna and other equipment
mounted to the pole will be allowed.
b. The shroud shall be attached near the top of the pole in
such a way that the wiring, cables, and equipment is hidden from view.
3. Combination Pole with Canister or Shrouded Antenna and
Equipment Shroud.
a. This type of Combination Pole is allowed when various
small cell technologies (e.g., LTE and 5G) provided by a single carrier are
installed on the same pole. The applicant must demonstrate that the
additional technology cannot be integrated into the equipment cabinet or
the canister antenna.
b. The equipment shroud shall be attached near the top of
the pole in such a way that the wiring, cables and equipment is hidden from
view.
Sec. 6.16.070. Permits. Permits approved pursuant to this section
shall be subject to the following findings by the Director: (1) that the
14 Adopt Chapter 6.16 KCC -
Utility Design Standards
in the Right-of-Way
applicant has an executed franchise or limited license agreement with the
city; and (2) the applicant has an executed master license agreement with
the city if any component of the proposed small cell equipment or facility
involves use of city-owned infrastructure.
SECTION 2. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
SECTION 3. - 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; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 4. - Effective Date. The City Council hereby finds and
declares that an emergency exists which necessitates that this ordinance
become effective immediately in order to preserve the public health, safety
and welfare. This ordinance shall become effective immediately upon
passage. The city clerk is directed to publish a summary of this ordinance at
the earliest possible publication date.
iApril 2, 2019
DANA RALPH, MAYOR Vk Date Approved
ATTEST:
April 2, 2019
KIMBERLEY A. K MOTO, CI CLERK Date Adopted
April 5, 2019
Date Published
15 Adopt Chapter 6.16 KCC -
Utility Design Standards
in the Right-of-Way
APPROVED AS TO F RM:
ARTHUR "PAT" FITZPATRIC , CITY ATTORNEY
16 Adopt Chapter 6.16 KCC -
Utility Design Standards
in the Right-of-Way
EXHIBIT A
Combination Pole with Canister or Shrouded Antenna -
Section 6.16.060(C)(1)
ANTENNA
LUMINAIRE
LUMINAIRE MAST ARM
UPPER POLE
FIBER
SPLICE/PULL
BOX 0
EQUIPMENT CABINET
FINAL ❑
GRADE ❑
0�
ELECTRICAL
CONDUIT STANDARD
�--zi--FOUNDATION
EXHIBIT A
Combination Pole with Equipment Shroud -
Section 6.16.060(C)(2)
LUMINAIRE
LUMINAIRE MAST ARM
EQUIPMENT UPPER POLE
SHROUD
FIBER
SPLICE/PULL
BOX 1107
FINAL
EQUIPMENT CABINET
❑
GRADE ❑
ELECTRICAL
CONDUIT STANDARD
FOUNDATION
EXHIBIT A
Combination Pole with Canister or Shrouded Antenna and Equipment
Shroud - Section 6.16.060(C)(3).
ANTENNA
LUMINAIRE
LUMINAIRE MAST ARM
EQUIPMENT UPPER POLE
SHROUD
FIBER
SPLICE/PULL
BOX O
FINAL
EQUIPMENT CABINET
❑
GRADE ❑
ELECTRICAL
CONDUIT STANDARD
FOUNDATION
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Polly Shepherd, being first duly sworn on oath that she is the
Publisher of the
Kent Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in King County, Washington. The
Kent Reporter has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent Reporter(and not in supplement form) which was regularly
distributed to its subscribers during the below stated period. The annexed
notice, a:
Public Notice
was published on April 5, 2019.
The full amount of the fee charged for said foregoing publication is the
sum of$183.65.
Polly Shepherd
Publisher, Kent Reporter ``<` &NLE Gtl
�. ^\SSiONF
Subscribed and sworn to me this 5th day of April, 2019. ;•�° 9•,
NorAp,
PUBLIC
NaleGwin, Notary b is or the State of Washington, Residing in
Covington,Washington
20 Friday,April 5,2019 Kent Reporter
Announcements Legal Notices
Service Directory CITYOF KENT
PUBLI C NOTICE
DETERMINATION OF
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and asset purchases goods,you'll find CHEAPYARD SERVICE readers need your Q Starting at: Representative of Dece- For more information,
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ri hts, start-ups, everything you need ANDA HANDYMAN Nice.Your service ad having a claim against the
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trademarks, licensing, www.SoundlClassifiede,com Pressure washing Income Limits A Decedent must present
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mercFence,deck building paper and on the web time when the claim would
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consultation to see how g speak with a customer E r original of the claim with
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VISIT: -Hedge Trim •Fence Home services representative. the foregoing Court, and at(253)856-5725.
DATHPLLC.COM -Concrete •Bark Roofing/siding Go online 24 hours a day: 00 By serving on or mail- Jason Garnham, AICP,
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ar woo oonn aAMERIGC92308 ing. Our trusted, local this Notice.If the claim is The following are sum-
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online **Painting e_ faafla.SoaadClassifieds.tom find solutions to your Announcements time period,the claim will passed by the Kent City
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Kent Reporter Friday,April 5,2019 21
...Continued from
TpV10u5 a e Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices
Kent School District, Notice moved.Four new above- Avenue SE,totaling 2.50 square foot single family later than 30 days of the • w w w.c 0 u r t s.
Dave Bussard, 12033 Maple Multi-family ground storage tanks acres into 13 single home with carport within last date of publication of wa.gov/
Legal Notices BE 256th St Kent, WA Land TX LP, Mark Hoyt, (8,000 gallons each)are family residential lots, a a wetland buffer. The this notice. Ecology re- forms
98030-6503, is seeking 2003 Western Ave Ste proposed to be installed storm water tract and a subject parcel is vacant, views public comments The Administrative
coverage under the 330 Seattle, WA 98121- as a replacement.These private recreation tract. but entirely encumbered and considers whether Office of the Courts-
including small cell Washington State De- 2140, is seeking cover- new storage tanks are to The existing residential with a wetland and its discharges from this pro- call:(360)705-5328
equipment, and proprie- partment of Ecology's age under the Washing- be located within the buildings will be re- buffer. The proposed jest would cause a mea- Washington La-
tary or leased poles and Construction Stormwater ton State Department of maintenance facility moved. Access to the development footprint surable change in re- wHelp: www.wa-
equipment attached to NPDES and State Ecology's Construction yard, southeast of the new development is pro- will impact approximate- ceiving water quality, shingtonlawhelp.org,
these poles. Waste Discharge Gener- Stormwater NPDES and previous underground posed via an extension ly 3,871 square feet of and, if so, whether the or
The City Council hereby a,Permit. State Waste Discharge storage tanks to allow of BE 255th Street which wetland buffer. The ap- project is necessary and The Superior Court
finds and declares that The proposed project, General Permit. for construction staging. connects to 124th Ave- plicant proposes ap- in the overriding public Clerk's office or
an emergency exists New Valley Elementary The proposed project, The project scope also nue SE. There are no proximately 16,544 interest according to Tier county law library
which necessitates that School, is located at Alexan Gateway Kent, is includes the construction known wetlands or square feet of wetland II anti-degradation re- (for a fee).
this ordinance become 22420 Military Rd S in located at 23000 Mili- of a new fuel dispenser streams on or near the buffer enhancement, to quirements under WAC 3.Serve(give)a copy of
effective immediately in SeaTac in King county. tary Rd S in Kent in King island and accompany- site. The property is include removal of inva- 173-201A-320. Com- your Response to the
order to preserve the This project involves county. ing canopy.The property zoned SR-6, Single sive plants and replace- ments can be submitted person who filed this
public health,safety and 8.86 acres of soil distur- This project involves is located at 5821 South Family Residential and ment with native trees to:Department of Ecolo- Summons at the ad-
welfare. This ordinance bance for Commercial, 6.51 acres of soil distur- 240th Street, identified identified as King County and shrubs in order to gy Attn: Water Quality dress below, and to any
shall become effective Utilities construction ac- bance for Residential as King County Parcel parcel numbers mitigate for the buffer Program, Construction other parties. You may
immediately upon pas- tivities. construction activities. No. 2322049027 and is 2122059086 impacts. No work is to Stormwater P.O. Box use certified mail with re-
sage.The city clerk is di- The receiving waterbody The receiving water- zoned SR-1, Residential &2122059180. be completed in the wet- 47696, Olympia, WA turn receipt requested.
rected to publish a sum- is Grandview Off-Leash body is Green River. Agricultural District. The OTHER PERMITS AND land. 98504-7696 For more information on
mary of this ordinance at Dog Park Ditch. Any persons desiring to project will occur interior PLANS WHICH MAY BE Hearing Date: Published in the Kent how to serve, read Su-
the earliest possible Any persons desiring to present their views to to the property within the REQUIRED: Civil Con- WEDNESDAY, APRIL Reporter April 5 & 12, perior Court Civil Rule 5.
publication date. present their views to the Washington State existing City of Kent struction Permit, Final 17,2019 at 10:00 AM 2019#850347 4.File your
ORDINANCE NO. 4319 the Washington State Department of Ecology Maintenance Facility Plat, Building permit for Hearing Location: Superior Court of File your original Re-
AN ORDINANCE of the Department of Ecology regarding this Applica- yard. each new home Kent City Hall Council Washington, sponse with the court
City Council of the City regarding this Applica- lion, or interested in OTHER PERMITS AND PUBLIC COMMENT PE- Chambers West at 220 clerk a this address:
of Kent, Washington, bon, or interested in Ecology's action on this PLANS WHICH MAY BE RI OD: April 5,2019 to 4th Avenue S.,Kent,WA County of King
i ni King County Court-
amending the Kent City Ecology's action on this Application, may notify REQUIRED: City of April 19,2019 98032 a,
house 516 Third Ave-
Codeto create a new Application, may notify Ecology Laumua Satarak
writing no tat- Kent Building permit, All persons may com- Permit Number: nue, Rm E-609 Seattle,
Chapter
ter 2.62 which Ecology in writing no tat- er than 30 days of the City of Kent Fire Depart- ment on this application. R E C R-2 18 4 9 6 5, Petitioner WA 98104
codifies the provisions of er than 30 days of the last date of publication of ment Tank Removal and Comments must be in RECA-2018-01 and or
Resolution 1298 estab- last date of publication of this notice. Ecology re- Tank Installation per- writing and received in The application i Annie Johnson&John s Malang Regional Jus-
lishing the Kent Bicycle Ecology p g g Doe,Respondents
this notice. Ecolo re- views public comments mils, Washington State Kent Planning Services available for review at lice Center 401 Fourth
No.1mon 1 Served
KNT
Advisory Board and views public comments and considers whether Department of Ecology by 4:30 P.M., Friday, the City of Kent Eco- Avenue N, Rm 2C Kent,
adds new language and considers whether discharges from this pro- UST Decommissioning April 19, 2019, at 400 nomic and Community Summons Served by INA 98032
clarifying how terms are discharges from this pro- ject would cause a mea- Certification West Gowe Street, Kent Development office, lo- Publication 5.Lawyer not required:
act would cause a mea- surable thane in re- PUBLIC COMMENT PE- WA 98032. For To: Annie Johnson and
staggered and how 1 9 ques- toted at 400 W Gowe It is a good idea to talk
terms are filled followingg g quality, p Jahn Doe- The other
surable thane in re- ceivin water uali RIOD: April 5,2019 to Ions regarding this pro- Street in downtown to a lawyer,but you may
a vacancy. ceiving water quality, and, if so, whether the April 19,2019 jest,please contact Sara Kent. For more informa- party
to:has asked the file and serve your Re-
This ordinance shall take and, if so, whether the project is necessary and All persons may com- Ullman, Planner, and tion,please contact Kae- Give custodyof the chi,- He
without one.
effect and be in force Project is necessary and in the overriding public ment on this application. (253)856-5454. lene Notts, Planner, at Person filing this Sum-
ty days in the overriding g ( ) dren to anon-parent.
thin da from and offer g public interest according to Tier Comments must be in TENTATIVE HEARING: 253 856-5428 or via You mons:
its passage, as provided interest according to Tier II anti-degradation re- writing and received in A public hearing is TEN_ email at knobis@kent- must respond in /s/ Makanani Laumua
by law. II anti-degradationwriting 9 re- quirements under WAC Kent Planning Services TATIVELY scheduled wa.gov. you want theSataraka
ORDINANCE NO. 4320 quirements under WAC 173-201A-320. by 4:30 P.M., Friday, before the City of Kent Published in the Kent courcourt to consider your I agree to accept legal
AN ORDINANCE of 173-201A-320. Comments can be sub- April 19, 2019, at 400 Hearing Examiner at Reporter April 5,2019. Deadline! Your Re- Papers for this case at
the City Council of the Comments can be sub- mitted to: West Gowe Street, Kent 10:00 a.m. on Wednes- #850009 the following address:
miffed to: Department of Ecology WA 98032. For sponse must be filed
City of Kent, Washing- Pa 9Y ques- day,July 3,2019. This Notice 25829 113th Ave SE,
P Ecology Quality regarding P P 9 Red point Development and served within 60
ton, declaring an actor- Department of Ecol Attn: Water Quali Pro- lions r ardin this pro- public hearing will be E206
P P days of the date this
gency and adopting an Attn: Water Quality Pro- gram, Construction jest,please contact Sara held in the City Council Group, LLC at 17786 summons is published.If Kent,WA 98030
interim zoning ordinance gram, Construction Stormwater Ullman, Planner, at sut, Chambers located at Des Moines Memorial you do not file and serve #848633
amending
g title Code b o,im the
P.O. wale 47696, 01 m- pia0,WA Box
47696, lym- man0kentwa.°ov and 220 4th Avenue South, Drive Burien,WA 98148, your Response or a No- 3129/19, 415/19, 4/12119,
Kent City
y y (253)856-5454. Kent, WA 98032. is seeking coverage un- nce of Appearance by 4/19/19,4/26/19,5/3/19
ing freight-intensive uses pia,WA 98504-7696 #849589 TENTATIVE HEARING PLEASE BE ADVISED der the Washington the deadline:
on a temporary basis, Published in the Kent 03(29119&04/05/19 A public hearing is not THIS MEETING DATE State Department of No one has to notify
pending completion of Reporter April 5 & 12, NOTICE OF required for this applica- IS SUBJECT TO Ecology's Construction u about other Did you
an industrial land sub. 2019.#850955 APPLICATION tion. CHANGE Please call Stormwater NPDES and hearings in this area plan,setting a date Need extra cash?Place An Environmental Published in the Kent to verify time and date State Waste Discharge case,and Hear?
for a public hearing,and your classified ad today! Checklist was filed with Reporter April 5, 2019. at least one week be- General Permit.The pro- The court may ap-
providing that the ordi- project,City of Kent Planning #851092 fore the scheduled posed ect, Mira
Call 1-800-31ta-2527 or If ou have p prove the requests in
nonce will take effect im- Services. Fallowing is a NOTICE OF meetm9. Y Apartments,is located at the Petition without
mediately upon pas- Go online 24 hours a day description of the appli- APPLICATION any questions, please 1010 SW 122ND Street hearing your side.
sae wAew.sovndcl...died..ean call Sara Ullman, Kent s y0 When it comes
9 cation and the process A project Permit Appli- in Burien, in King Follow these steps:
Pursuant to the prelind- VALLEY MEDICAL for review. The app,ica- cation has been filed Planning Services, at County. This project in- 1.Read the Petition and to employment,
nary findings,and in ac- CENTER bon and listed studies with City of Kent Plan- 253-856-5442. volves approximately 2.4 any other documents
cordance with ROW District Healthcare may be reviewed at the ning Services. Following Published in the Kent acres of soil disturbance that were filed at court Sound Class"fieds
35A.12.130, the city System offices of Kent Planning is a description of the Reporter April 5, 2019. for construction ac- with this Summons. has it all...the
council hereby declares NOTICE OF BOARD Services, 400 W. Gowe application and the pro- #850596 tivities. The project pro- Those documents ex-
the existence of a public COMMITTEE Street,Kent,WA. cess far review.The ap- NOTICE OF poses to discharge de- plain what the other par- latest job
emergency and in order SCHEDULES DATE OF NOTICE OF plication and listed stud- PUBLIC HEARING tained and treated storm ty is asking for. O ennin s,
to protect the public Notice is hereby given APPLICATION: ies may be reviewed at CITY OF KENT water to salmon creek 2. Fill out a Response p 9
health, safety, property that the Valley Medical April 5,2019 the offices of Kent Plan- OFFICE OFTHE which outlets to the Pu- on this form educational
and peace, this ordi- Center Board of Trus- A P P L I C A T 1 O N ning Services,400 West HEARING EXAMINER get sound. Any persons FL Non-Parent 415, Re- opportunities
nance shall be effective tees Compensation and NAMEINUMBER: Gowe Street,Kent,WA. CUTTINGS- desiring to present their sponse to Non-Parent pp
upon adoption by a ma- Executive Committees K-PWO Maintenance DATE OF NOTICE OF REASONABLEUSE views to the Washington Custody Petition and more
jority plus one of the will begin at 10:00 a.m. Facility APPLICATION: PERMIT State Department of • You can get the Re-
whole membership of and 11:30 a.m., real ENV-2019-1/ April 5,2019 A public hearing will be Ecology regarding this sponse corm and
the council lively, in Conference KIVA#RPSW-2191232 A P P L I C A T 1 O N held to consider the Application,or interested other forms you 1-800-388-2527
A copy of the complete Room 8 at Valley Medi- PROJECT DESCRIP- NAME/NUMBER: applicant's request for a in Ecology's action on need at: , The
text of any ordinance or cal Center, Renton, TrON:City of Kent Pub- ALDER VIEW ESTATES Reasonable Use Excep- this Application,may no- Washington State SOUNDCLASSIFIEDS.COM
resolution will be mailed Washington on the fol- tic Works Operations PRELIMINARY bon to construct a 780 tify Ecology in writing no Courts' website: _
upon request of the City lowing dates: proposes to decommis- SUBDIVISION
Clerk. April 9,2019 sion three existing and SU-2019-2/ •• Opportunities
Kimberley A. Komoto, May 14,2019 operational underground KIVA#RPP3-2191074
City Clerk June 11,2019 storage tanks (two ENV-2019-14/
253-856-5725 July 9,2019 10,000-gallon tanks and KIVA#RPSW-2191075 Featured Position Aa..rn,Mymu:
CityClerkQKentWA.gov Augusl13,2019 one 4,000-gallon tank) PROJECT DESCRIP- We are community&daily newspapers inPRINTING FACILITY(Everett,WA) ' qs��
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