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HomeMy WebLinkAbout4329ORDINANCE NO 4Jn AN ORDINANCE of the City Council of the City of Kent, Washington, amending sections 8.05.080, L2.04.L40, t2.O4.L55, 12.t3.L70, 15.02.065, 15,04.170 and 15.08.090 of the Kent City Code to correct errors and provide clarity as part of the City's annual code cleanup. RECITALS A. The City considers annual amendments to plans or development regulations that are suggested by interested persons or are requested by staff via a docket process. These annual amendments are part of a comprehensive effort to clean up the City's municipal code by correcting errors, providing clarification, and making other similar housekeeping changes throughout the code. B. On October 16, 2018, the City Council approved the 2018 Annual Docket list which included three site-specific requests and seven code amendments, four of which are included in this ordinance. C. The table housed in Kent City Code (KCC) 8.05.080 of the City's Noise Ordinance incorrectly references out of date zoning. The correction is included in this ordinance. D. The regulatory language of KCC 15.08.090, pertaining to the parking or storage of inoperable vehicles, has led to confusion regarding Housekeepi ng Ord ina nce - Re: Annual Code Cleanup 1 inoperable vehicles in residential areas. The amendment clarifies that each residentially zoned property may have only one inoperable vehicle on it for more than 30 days, and only if the inoperable vehicle is properly stored and hidden from view. E, The definition of building height in KCC 15.02.065 does not specify the type of grade to base the measurement from. This lack of information has resulted in confusion for the public, The amendment clarifies that building height is measured from "average finished grade" instead of "grade". Diagrams are included for ease of calculation and additional verbiage explains how average finished grade is measured. F. KCC t5.O4.L70 establishes inconsistent development standards for maximum allowed building height in residential zones for single family dwellings, duplexes, and multi-family. It is believed that some of these inconsistencies are scrivener's errors which were never identified or corrected. This amendment increases the maximum building height in SR-8, MR-D, MR-T12, MR-T16, MR-G, MR-M and MR-H zones to be 2.5 story/ 35 feet for single family and duplex products, and 3 story/ 40 feet for multi-family products, exclusive of multifamily in MR-H. G. On November 2O, 2018, City Council passed Ordinance No. 4290, which amended KCC 12.13.160 and I2.t3.L70 to implement a school impact fee schedule and maximum fees, School impact fees are set annually through the adoption of the school districts'Capital Facilities Plans (CFP). The Capital Facilities Plans of school districts are submitted to the City for review, and this review must occur in conjunction with the City's update of its Capital Facilities Element of the Comprehensive Plan which typically happens in November. The maximum annual increase in school impact fees generally corresponds to the previous calendar year's increase in construction costs as calculated from October lst through September 30th. Due to the timing of the comprehensive plan update in November, Housekeeping Ordinance - Re: Annual Code Cleanup 2 utilization of this date range has created a very short window for staff and City Council to review the proposed school impact fees and Capital Facilities Plans prior to adoption of the City budget in December. The amendment of the date range in KCC L2.L3,170 to August to August, rather than October to October, would better provide appropriate time for review of the proposed fees and plans, and would avoid a backlog with other city processes. H. On November 2L, 2017, City Council passed Ordinance No. 4257 which amended KCC 12.0L.L45 as a part of the 2OL6 Docketed Code Amendments. The amendment changed the public notice mailing radius for short subdivisions from 200 to 300 feet in order to match the radius used for long subdivisions, Additional inconsistencies were discovered after the fact in KCC L2.04.155A and L2.04.140C. This amendment corrects these inconsistencies by also changing the public notice mailing radius in these code sections from 200 feet to 300 feet for the notice of application (NOA) and the public meeting notice for short subdivisions. I. On June 18,2019, pursuant to RCW 36. 70A.106, a request for expedited review was sent to the Washington State Department of Commerce, which acknowledged that the request was received on June 20, 2019. On July 5,2019, the City was granted expedited review. J. On June 18, 2019, the City's SEPA Responsible Official issued a Determination of Nonsignificance for the 2018 Housekeeping Amendments (ENV-2019-18, KIVA #RPSW-2191525). K. The Land Use and Planning Board held a workshop to discuss these code amendments on April 22, 20L9. After appropriate public notice, the board held a public hearing on June 24, 20L9 to consider the proposed code amendments. The Land Use and Planning Board Housekeeping Ord inance - Re: Annual Code Cleanup 3 recommended approval to the City Council of all items as presented by staff. L. On July 8,2019, the Economic and Community Development Committee considered the recommendation of the Board on the proposed code amendments as presented by staff, and made a recommendation of approval to the full City council. NOW, THEREFORE, THE CIry COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 7. - Amendment - KCC 8.05.080. Section 8.05.080 of the Kent City Code, entitled "Zoning classification for EDNA," is hereby amended as follows: Sec. 8,O5.O8O Zoning classification for EDNA. The following land use zoning classifications as found are assigned the EDNA classification below: Zone EDNA Class Affi SR-1. SR-3, SR-4,5, SR-6, SR-8. MR-D- MR-T.I2 MR- in the zoning code T16, MR-G, MR-M, MR-H. MHP Class B s#+4 Housekeeping Ordina nce - Re: Annual Code Cleanup 4 GC Zone EDNA M*f ML, M2, M3, SU, A-10, Class C AG @ SECTION 2. - Amendment - KCC 12.04.140. Section L2.04.140 of the Kent City Code, entitled "Notice of application," is hereby amended as follows: Sec. 12.O4.L4O Notice of Application. The applicant shall place at least one (1) public notice board on the property to be subdivided. The public notice board shall be placed on the property as directed by planning services no later than fourteen (t4) calendar days after a determination of completeness. if the property to be subdivided is located adjacent to more than one (1) public street or has more than one (1) potential access route, one (1) public notice board shall be placed on the property adjacent to each street or potential access route. A notice of application shall be issued for land segregation applications within fourteen (14) calendar days after the city has made a determination of completeness, and at least fifteen (15) calendar days prior to the short subdivision committee meeting date for short subdivisions or the public hearing for subdivision applications. The notice of application shall include the tentative date of the public meeting or public hearing and shall be mailed, published and posted on the same day, in the following manner: A. The city shall publish the notice of application in a newspaper of general circulation within the city. B. The city shall post the notice of application on the public notice board(s) placed on the property and shall also post the notice of application at Kent City Hall and in the register for public review at the planning services office. Housekeeping Ordinance - Re: Annual Code Cleanup 5 C. The city shall mail the notice of application listing the date of the short subdivision committee meeting, or the date of public hearing for subdivisions, to the applicant and all owners of real property as shown by therecordsofthecountyaSSeSsor,sofficewithin@three hundred (300) feet of any portion of the boundary of the proposed short subdivision and within three hundred (300) feet of any portion of the boundary of the proposed subdivision. In addition, if the property to be short subdivided abuts parcels greater than two (2) acres which have other properties abutting them, these additional properties shall also be mailed a notice of application. D. The city shall mail or send the notice of application to all agencies with jurisdiction, city departments, and to any person who requests such notice in writing. E. One notice of application shall be prepared for all permit applications related to the same project at the time of the earliest complete project permit application. SECTION 3. - Amendment - KCC 12.04.155. Section L2.04.155 of the Kent City Code, entitled "Public meeting/hearing notice," is hereby amended as follows: Sec. 12.O4.155 Public meeting/hearing notice. A. Notice of the short subdivision committee meeting shall be given in the following manner: 1. The date of the short subdivision committee meeting shall be listed on the notice of application, which shall be mailed in accordance with KCC 12.04.t4O to the applicant and all owners of real property as shown bytherecordsofthecountyaSSesSor'Sofficewithin@ three hundred (300) feet of any portion of the boundary of the proposed Housekeeping Ord inance - Re: Annual Code Cleanup 6 subdivision, In addition, if the property to be short subdivided abuts parcels greater than two (2) acres which have other properties abutting them, these additional properties shall also be mailed a notice of application. Seven (7) calendar days prior to the short subdivision committee meeting, the city shall mail the short subdivision committee agenda and staff report(s) to the applicant, all owners of the real property, and any person who provided written comments on the application. B. The notice of public hearing for a subdivision shall be given in the following manner: 1. The notice of public hearing shall be mailed, published and posted on the same day, not less than ten (10) calendar days prior to the hearing date. 2. The city shall post the notice of public hearing on the public notice board(s) on the property. 3, The city shall publish the notice of public hearing in a newspaper of general circulation within the city, 4. The city shall mail a notice of public hearing to the applicant, any person who submits written comments on an application, and all owners of real property as shown by the records of the county assessor's office within three hundred (300) feet of any portion of the boundary of the proposed subdivision. If the owner of the real property proposed to be subdivided also owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, the notice shall be mailed to all owners of real property located within three hundred (300) feet of such adjacently owned parcels. Seven (7) calendar days prior to the public hearing, the city shall mail the public hearing agenda and staff report(s) to the applicant, all owners of the real H ousekeep i ng O rd i n a nce - Re: Annual Code Cleanup 7 property/ and any person who provided written comments on the application. SECTION 4, - Amendment - KCC 12.13.170. Section |2.L3.L7O of the Kent City Code, entitled "Maximum allowable fees," is hereby amended as follows: Sec. 12.L3.17O Maximum allowable fees. School impact fees provided by this chapter shall be assessed based on the calculation set forth in KCC L2.L3.140, unless they exceed a maximum allowable fee as set forth in this section. There shall be an increase in the maximum allowable fee each year by the same percentage as the percentage change in the previous calendar year's average monthly Engineering News Record (ENR) Seattle Area Construction Cost Index values, relative to the corresponding average monthly ENR Construction Cost Index values for the preceding year, as calculated from-€eteberlst @ August lst through Julv 31st, The maximum allowable fee is set at $8,591 for single-family dwelling units and a maximum of $8,755 for multifamily dwelling units for 2019. SECTION 5. - Amendment - KCC 15.02.065. Section 15.02.065 of the Kent City Code, entitled "Building Height," is hereby amended as follows: Sec. 15.O2.065 Building height. Building height means the vertical distance from the average finished grade to the .highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof as depicted in Diagram A below. The average finished grade shall in h nrn annlnca tha hr rilrlina rnr{ {-han -rrar:ninn fha olarr=finnc i:lzan rl- l-ha Housekeeping Qrd ina nce - Re: Annual Code Cleanup 8 midpoint of each side of the square or rectangle as depicted in Diagram B below; provided that the measured elevations do not include berms. Diagram A Housekeeping Ordinance - Re: Annual Code Cleanup 9 Highest Pitched Roof Ridge I -.tl, i, i t".,-,rr r:, :-ri i::,,.i t_l.i Eave \ :_).i tt Finisli*c! Grari* iI L lr Finished Grade Existing Grade Measuring Building Height Diagram B I 1r6.25 D 109 r rtr B{.'ILDING 1 The average buiHing linished grade shall be delermtned by first delafteating tne smallesl square or reclaftgle that can enclose the I I l/ A --1/-l D B C I Detemine AFG: (AVERAGE FrNtSt{ED GRADE CALCULATTONS TO BE SHOWN ON SITE PLAN.} Avefage the elevations laken at the midpoint of each sade o{ the square or reclmgle:. (Add the elevalion al each pornt. lhen divide the total by four (nurnber of mid-pornls of the rectangle. to determine lhe average.) Formila- A+ B+ C+ D = 112+ l16.25+113+ 109=95025='t1256AFG444 Housekeeping Ord ina nce - Re: Annual Code Cleanup 10 SECTION 6. - Amendment - KCC 15.04.170. Section 15.04.L70 of the Kent City Code, entitled "Agricultural and residential zone development standards," is hereby amended as follows: Housekeepi ng Ord ina nce - Re: Annual Code Cleanup 11 No=5oIo'f.qA-1O AgriculturalSR-1 Residential AgriculturalSR-3 Single-Family ResidentialSR-4.5 Single-Family ResidentialSR-6 Single-Family ResidentialSR-8 Single-Family ResidentialMR-D Duplex Multifamily ResidentialMR-T12 Multifamily Residential TownhouseMR-T16 Multifamily Residential TownhouseMR-G Low Density Multifamily ResidentialMR-M Medium Density Multifamily ResidentialMR-H High Density Multifamily ResidentialMHP Mobile Home Park Combining0d093606-=I93063093o o?QEdniox=5LoL=crl.o-OOlrc 9.q.?;b;ti;b5\!.:gi<b{bqb{bEboo7oc =rcf@=f- ni:B al-O-5 -q69;ooo;sa_@c3-@+3Hio€I3g5J.3c3o=.ofd'osJf,oo?no -e5 x.ru o l(oc9389.q6of,ssssssssssss65-Ofoc33Q=+oj. oo"oT-ofoao3303G6O 5930 5330 5o-oo-oao9+E3au6oopaoi;oo*o, =(J.)oodo 30I=<q6 E-o Oo-_'' o fo:?ogo:?o:?o:lo€opoo-oo3ARg6-o>O-u +q'QdGa--a_.*339939393d=93o-r6eCoof-.O=rE3ddqirovl:5;:i;3€;3€u9f5;ls$iu3€;- P5;"FH H$to P5tr19NQ{'12MYS$-P5;lJ olt$i;si;+:.H$intr{.6oftHgIbIts{oro=.otrFitr-goCL-lo(tCLof.gNooctoootoFloFtocto-cloHNJ!$otr'. ur}Eiat:obE.oa$to:.oo0tlotro!r Not.foI=.oA-1O AgriculturalSR-1 Residential AgriculturalSR-3 Single-Family ResidentialSR-4.5 Single-Family ResidentialSR-6 Single-Family ResidentialSR-8 Single-Family ResidentialMR-D Duplex Multifamily ResidentialMR-Tl2 Multifamily Residentia! TownhouseMR-T16 Multifamily Residential TownhouseMR-G Low Density Multifamily ResidentialMR-M Medium Density Multifamily ResidentialMR-H High Density Multifamily ResidentialMHP Mobile Home Park Combiningooo=?- nc I -s a*E iU.8: JOE L Jao@oo-of6?sil:sFt;6.as6C6essssNo1oolooloocao=.frONsIs.651'i!o!ni,!ni-!bi!9qof69.ad4,oo9roqooEo-fcI-9.a36obo9:ro:lo-qoo!.f,(oIo=a3oob!oo-:-ooq.€foo€9>3_Ho_dOO*a-o-ao.aL-o!njnornf,a.^ooFrSnasF{oLlts(rJ!$otr'.h5$:on!.\l8:sHQS.oaJ0, IlocoEr SECTION 7. - Amendment - KCC 15.08.090. Section 15.08.090 of the Kent City Code, entitled "Parking or storage of inoperable vehicles," is hereby amended as follows: Sec. 15.O8.O90 Parking or storage of inoperable vehicles. +ng fteighbers'. Only one vehicle of any kind in an inoperable condition, not licensed nor legally operable upon the roadway, may be stored or parked all vehicle must be stored or parked in an enclosed area and hidden from view of surrounding neighbors. SECTION 8. - 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 9, - 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. // // Housekeeping Ordina nce - Re: Annual Code Cleanup // T4 SECTION 70, - Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. DANA RALPH, M July 16. 2019 Date Approved ATTEST a July 16. 2019 Date AdoptedKIMBERKOMOTO,RK July 19, 2019 Date Published D AS TO FORM: HITE, DEPUTY CIry ATTORNEY Housekeepi ng Ord ina nce - Re: Annual Code Cleanup 15 STATE OFWASHINGTON, 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 aLegal 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 July 19th ,2019. The full amount of the fee charged for said foregoing publication is the sum of$11 Polly Shepherd Publisher, Kent Reporter "r.\\ltllj '' ,o\\,' A/t rr. +"" .",..i1 :ii"": ri . a* o, "" "'- "-'r,, "., ' . of Juty, 2019. ,iS,r' ,(!irr ,kl|r* ," _-t: /\)/ /.t ,-^ ,r 'n i., u4;.'.'+Yt jil! :t:q^?, "i) 'i ; : ""!i..; : :t"" "' ::::'*"") Washin gton, R esi ding ii{, ""r;) /"r7 x,'., 1 q)]". }'illrdiIttll\\. to me this 19th day Gale Gwin, Notary Public Covington, Washington the State of 12 Friday, July 19,2019 Kent Reporter Service Directory ilrt I Ahhouncem6nta Legal Notlco3 Legal Notlco€ Prob.glonsl Servlcoa Hom6 S€tvlc6 D6nt6l S€1vlc6s L6nd3capeservlc€s ry99l99g|- CHEAP YABD SEBVICE AIID A HAilDYMAil Pressure washing Gutter cleaning, etc. Fenc€, Deck building Concrete, Painting & Repairs. All yard seNices 2&412-4191 Expand your market advertise in the classif ieds today! lotl Fm 1-800-388-2s27 Enoll: (la$iiiedt@oundpubltshlng.(om SOUNDCLAssITIED5.COM Apartmont. fur Rent KlnEl County w.soudclNlffolb,com ll you worked in Aubuln,WA in the mid-late 1970s at Van's Furnltureor The Boeing Co., please contact Asbestos lnvestigator Shetry Day at (734) 87&5236 or ATTENTION: OXYGEN USERS. Gain freedom with a Portable Oxygon Conc€ntrator! No more heaw tanks and relills! Guar'anteed lowesl pric- es. Call the Orygen Concentrator store: 844- 495-7230. PROMOTE YOUR RE. GIONAL EVENT state. wide with a $325 cla$i- fied lisling or $1,575 fora display ad. Call this newspaper or 360-344- 2938 for details. STILL PAYING TOO much lor your MEDICA- TION? Save up to 90o/. on RX refill! Order todayand rs€ive lrce shipping on lst order - prescription requhed. Call |-866-685-6901. Kent City Code lo corrsl errors and provide clarity as part ol thsCity's annual code cleanup, This ordinance shall take eflect and be in forc€ thirty days from and after ils passage, as provided bv law. A' copy of the cmplete t6xt of th€se ordinances will be mailed upon re- quesi of tho Cily Clerk, Kimborley A. Komoto, City Clerk 253-856-5725 Cityclerk@ KentWA.gov Published in the Kent Roporter July 19, 20'19. #865358 INTHE OISTRICT COURT OFTHE FOURTH JUDICIAL DISTRICT FOF THE STATE OF IDAHO, IN AND FORTHE COUNTY OF ADA JOSHUA "JOSH" SEAN GARRARD, Petltloner, KARISNA RENEA GARRARD aka Krlssy Garrard, Krlssy Scott, Karisna Scott, Respondent, vs ROBERT ADRIAN AMUNDSON and KAR. EN LYNN AGNES POMPLUN aka Karen L. Amundson, Respondent, vs. STATE OF IDAHO, De- partment ot Health and Wellare, (IDHW), Ilelendant, is for DIVOBCE. WIT- NESS mv hand and theseal of' said District Court this 1gth day of lrarch, 2019. CLERK OF THE DIS. TRICT COURT PHIL MCGRANE /s/ By: Janielle M. 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The eflmtive date of lhoapproved Shorelino Master Prooram is de- pendent on"approval by the Washington Stale Department of Ecology per wAC 173-26-120(7), but shall in no event be - AN OROINANCE oI the City Council ol the City of Kenl, Washing- ton, amending sections8.05.080, 12.04.140, 12.04.155, 12.13.170, 15.02.065, 15.04.170 and 15.08.090 of the Case No.: cvo1.19.04239 vs. FIRST AMENDED SUMMONS THE STATE OF IDAHO SENDS GREETINGS TO: KAFISNA RENAE GARRARD sks Krissy Garrard, Krlssy Scotl, Karlsna Scott YOU ARE HEREBY NO- TIFIED that a First Amended Petition has been filed against you in the District Court of the Fourth Judicial District of the State of ldaho, in and lor lhe County of Ada, by Pelitioner above named, and you aro hereby dkmled to lile a i"""J"1"0tn3il",1fl" il€ H,jllSi "l"*%hyJ*ii App,,ancos of pa$age of this ordi- said Petition wilhin twen- =t Announcsment3 ATTENTION nance, as provided by ty (20) dayslaw. vice ol this ol the s€r Summonsiprint& online 247 Ofiice Hours: 8-5pm Monday to Friday wsoundclassifieds, ORDINANCE NO. 4329 and A PLACE FOR MOM has helped over a million families lind senior liv- ing. 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