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HomeMy WebLinkAboutCity Council Committees - Economic and Community Development Committee - 03/12/2018 (2)Economic & Community Development Committee Agenda Councilmembers: Satwinder Kaur, Tina Budell, Bill Boyce, Chair March 12, 2018 5:00 p.m. Item Description Action Speaker(s) Time Page 1.Call to Order Bill Boyce 1 min. 2.Roll Call Bill Boyce 1 min. 3.Changes to the Agenda Bill Boyce 1 min. 4.Approval of February 12, 2018 Minutes YES Bill Boyce 1 min. 1 5.Connection Condominiums &YES Toni Azzola 10 min. Laurel Springs Lower Community Neighborhood Council 6.Rental Housing Inspection Program YES Matt Gilbert 5 min. Ordinance 7.Zoning Code Amendment YES Danielle Butsick 10 min. Midway Transit Community-1 Signs 8.Sounder Garage Update NO Danielle Butsick 1 min. 9.Mixed Use NO Hayley Bonsteel 20 min. Unless otherwise noted, the Economic & Community Development Committee meets at 5 p.m. on the second Monday of each month in Kent City Hall, Council Chambers East, 220 4th Ave S, Kent, 98032. For additional information please contact Julie Pulliam at 253-856-5702. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. 7 17 44 85 Economic and Community Development Committee Minutes February 12, 2018 Kent, Washington Pending Approval Date: February 12, 2018 Time: 5:00 p.m. Place: Council Chambers Attending: Bill Boyce, Tina Budell, Satwinder Kaur, Toni Azzola, Charlene Anderson, Matt Gilbert, Kurt Hanson, Michelle Wilmot, Ben Wolters, Amanda Scott Agenda: 1.Call to Order 5:01 p.m. 2.Roll Call Taken 3.Changes to the Agenda None 4.Approval of Minutes Committee Member Kaur MOVED, Committee Member Budell SECONDED a Motion to Approve the Minutes of January 8, 2018 minutes, with adjustment to committee member Kaur’s last name spelled incorrectly. Motion PASSED 3-0. 5.Scenic Hill Neighborhood- Council Repeal Resolution Toni Azzola presented to repeal the resolution of this neighborhood becoming a neighborhood council. Over the last few years there are have been several resignations, as well as no response from the neighborhood council president. Money was left over from their newsletter grants. The city claimed this back, totaling roughly $2,300 back to Kent. Committee Member Budell MOVED, Committee Member Kaur SECONDED a Motion to Recommend Council adopt a Resolution repealing Resolution 1776, recognizing the Scenic Hill Neighborhood Council. Motion PASSED 3- 0. 6.JayRay Ads & PR- 2018 Contract Michelle Wilmot presented for the approval of the 2018 JayRay contract. This contract was passed unanimously by the Lodging Tax Advisory Board in January 2018. Accomplishments Jay Ray was hired by the city in 2016, after working with a firm based in Spokane, Genesis Marketing. After working with this firm, the lodging Tax Advisory Committee decided to look for other firms to help with marketing and public relations. JayRay is based in Tacoma, WA, and has done great work over the last year. What has set them aside is the amount of media coverage, specifically earned media coverage that they have given Kent. Earned media is deemed to be Page 1 of 6  Economic and Community Development Committee February 12, 2018 Minutes Kent, Washington Pending Approval more trustworthy, over advertisement, which means the information was verified by another person, or source. JayRay pitched 13 different stories over the last year, gaining coverage of 11 of those, with the reach of 65 million people. The areas of focus is to attract overnight tourism in Kent are the Seattle area, Portland, Tri-Cities, and Vancouver. These areas are also popular hockey towns, which appeals with Kent’s Thunderbirds. JayRay has also grown Kent’s presence on Facebook, Instagram and Twitter, with combined following count of 10,000 people. JayRay wrote 37 weekly blogs last year to drive people to the Visit Kent site. Those blogs focus on Kent businesses, restaurants, and activities. Now that the VisitKent.com site is up, JayRay will begin an enhanced effort in advertising this year. Committee Member Kaur MOVED, Committee Member Budell SECONDED a Motion to Recommend Council authorize the Mayor to sign the 2018 contract with JayRay Ads and PR Inc. Motion PASSED 3-0. 7.Sound Transit Update Charlene Anderson presented updates of issues in the details to be finalized in the Development Agreement with Sound Transit, Federal Way Link Extension. Anderson pointed out that Sound Transit has not assigned a Design Build Contractor, which means that this agreement is coming ahead of seeing the specific designs. Pavement restoration Answering the question of how will Sound Transit restore our roadways after their trucks use them for construction. This has been recently resolved through the decision that they will do complete overlays on the streets used. Canopy Design/Weather protection Elevated stations could mean more wind and rain. The City would like extended vertical weather protection. Sound Transit previously agreed to about 50 percent coverage; however the city would like more. This is still being agreed upon. Station Amenities Page 2 of 6  Economic and Community Development Committee February 12, 2018 Minutes Kent, Washington Pending Approval Staff will continue to discuss with Sound Transit how to best provide restroom and drinking fountains, with details around how they can provide adequate security to maintain these safely. Permit Process Without knowing the details of how many permits Sound Transit will need to apply for and what they will involve, it is hard to form definite answers. Anderson emphasizes that the Design Builder really needs to be on board to get the accurate information. Despite this missing piece, city staff are in discussing designating a city staff person to serve as a liaison to guide Sound Transit through the permitting process. City involvement in Sound Transit Surplus Kent developed the theme of, “Urban Pacific Northwest”, for Sound Transit to develop artwork around. The Committee expressed the desire to see conceptual drawings of artwork to be able to ensure the theme is consistent. This would give exact artwork ideas and expertise to professionals such as Kent staff Ronda Billerbeck, while allowing the Committee to oversee the artwork as a whole. Regional Detention Facility For development that will ensue in the Midway area, will it be practical for each property developer to have their own detention pond on site, aside from the regional facility. Through meetings this week there may be a path forward to include this, as well as working with Sound Transit to gain property to be used. Monitoring and Adaptation for SEPA Mitigation Sound Transit assessed the number of parking stalls required based on their study, noise mitigation measures and air quality measures. The thought is, should there be a monitoring every 5 or so years over the life of the project to assess if the mitigation is appropriate, or if more is needed. In response to Council Member Budell’s question of how many stalls have been decided, Anderson explains that in the draft agreement she has listed for the minimum stalls, with additional stalls gained by compact stalls up to city allowance and that the Design Build Contractor include more stalls as the budget allows for. Anderson also explains that this monitoring process could help to assess if these mitigation measures are appropriate as time goes on. Page 3 of 6  Economic and Community Development Committee February 12, 2018 Minutes Kent, Washington Pending Approval Private Construction Projects Processes for private construction projects that are not affected by Sound Transit, but are in the immediate vicinity and Sound Transit road closures affect them. The City would be directly responsible for approving or denying road closures based on these outside projects. 8.Rental housing Inspection- Update Gilbert presents updates with the Rental Housing Inspection Program since last reported in November 2017. Gilbert and team have been using the time since to do continued outreach and develop the most implementable policy. He hopes to have an ordinance for consideration at the March 12, 2018 ECDC meeting. To help develop policy, the team circled back to stakeholders from the various summer outreach meetings. This was a way to update stakeholders of the proposal to be submitted. Staff also submitted the draft policy to the two main Landlord Associations, one represents the smaller property owners with 10 units or less, and the other association represents the larger owners. Lastly, staff contacted current Rental Housing Inspectors to help provide tips on how these programs work. Tiernan Martin, from FutureWise, presented updates on the policy and upcoming ordinance: Policy Review To ensure that there is a clear standard for what constitutes the minimum threshold for health and safety that all renters in the city can have, as well as ensuring the building/housing stock in Kent does not deteriorate. This will be done by publishing a check list that clearly identifies what is acceptable and what is not so that property owners, renters and landlords will be able to anticipate any changes that they might need to make. The City will require Multi-Family Residential Business Operators to have a Business License that would be renewed every year. One of the requirements for renewal would be to prove that their units are meeting the minimum threshold once every three years, through inspection. This three year timeline is based on a model used by other cities with thriving programs. The city would be divided into three zones, based on equal amounts of properties and living units. Each zone would cycle through an inspection, making for a three year window. Gilbert’s team decided upon a multifamily rental housing focus because they are already tracked within the Business License System. These units also are more likely to stay as rental units, whereas other rental types, such as single family Page 4 of 6  Economic and Community Development Committee February 12, 2018 Minutes Kent, Washington Pending Approval homes, may be rented one year and lived in the next. The same idea goes for townhomes, mobile homes and condominiums. Gilbert’s team recommends that the policy begin with multi-family housing and then further address the other property types that may sometimes be used as rentals. The required three year inspections will be completed by private licensed inspectors who the city has vetted with the proper training for Kent. This strategy is a pattern that other cities use. Gilbert addresses the concerns of conflicts of interest by owners using private inspectors, and offers way to prevent false results. The first, would be to limit the number of times an inspector can inspect the same property, the other would be to implement a strike system for units that the inspector wrongfully passed. The inspector would use the previous mentioned inspection checklist to determine which units pass and which do not. State law also requires that a sample of the units on a property be inspected to the standard. The City is not allowed to implement a policy that says that every unit in a multi-family property needs to be inspected by the program. If all units in the sample pass then that property would pass its inspection. If one unit in the sample fails then the City does have the authority to require that the inspector inspect the rest of the units on that property. Stakeholder Feedback There was a feedback meeting last week to update the community members who gave feedback to the program. There were two main concerns at this meeting; the previously mentioned idea of conflicts of interest for private inspectors and the displacement of the tenant based on failure of inspections. These are being worked into the agreement to require that the property owner have a plan in place for any household affected by inadequate living conditions. Stakeholders were offered the Code Enforcement line with Kent along with an understanding of how the Code Enforcement process currently in place works. The team also had a meeting with the business associations that represent landlords. The support for this program was cautious, as it can add major costs to their members. They alerted the team of a slightly different policy being used in Tacoma. Although Kent will not be using this program, they were presented and considered. These associations have the concern of the scenario that if the tenant was responsible for causing damage that led to an inspection failing, how the city would resolve this. Kent will treat situations like these fairly, ensuring that landlords are not expecting to foot all costs for things that may have been caused by tenants. Page 5 of 6  Economic and Community Development Committee February 12, 2018 Minutes Kent, Washington Pending Approval Landlords and property owners that have been given the draft policy and frequently asked questions will be providing feedback that will be presented in the report along with the final ordinance for approval. Ordinance Strategy Gilbert’s team suggest that the Ordinance be minimal with emphasis on adapting as the policy is put in place and hiccups come about. The goal is to use the existing systems, such as the Business License System. Through discussion with Kent staff in this department, this implementation seems very feasible. Costs Licensing costs for each property are paid to the city. There will be an annual fee of $8-10 per unit, with a late fee between $50-250. Inspection costs for each property are paid to the private inspector and are not set by the city. Repair and replacement costs will be depended upon the scope of work and will be paid directly to the contractor. Remaining Work 1.Feedback from owner’s and landlords 2.Plan for displacement scenario 3.Refine implementation plan Gilbert intends to target the other rental properties mentioned (townhomes, condos, and single family homes) by asking that all rental property owners register their properties. This way we can categorize these all and develop a list. At that time the team can evaluate if the in-progress multi-family policy design can also be used. 9.Director’s Report Committee Chair, Bill Boyce presents a chair report recognizing the last meeting with Director, Ben Wolters. The committee is both honored and pleasured to have worked with Mr. Wolters. The Committee thanks Mr. Wolters and wishes him the best in his future endeavors. 10.Adjournment of the meeting 6:02 p.m. ______ ___________________________________ Submitted: Julie Pulliam Page 6 of 6  OFFICE OF THE MAYOR Derek Matheson, Chief Administrative Officer Phone: 253-856-5700 Fax: 253-856-6700 220 Fourth Avenue South Kent, WA. 98032 DATE: March 12, 2018 TO: Chair Bill Boyce and Economic and Community Development Committee FROM: Toni Azzola, Neighborhood Program Coordinator SUBJECT: Recognition of Connection Condominiums Neighborhood Council – Resolution – Recommend SUMMARY: The Connections Condominiums neighborhood consists of 67 households and is located on the East Hill of Kent. On January 15, 2018, the Connection Condominiums neighborhood submitted an official registration form to request that the City recognize their neighborhood council and allow the neighborhood to take part in the City’s neighborhood program. The neighborhood has now completed the process to be recognized as a neighborhood council. BACKGROUND: The City’s Neighborhood Program is an initiative designed to foster better communication among residents in a geographic area and city government. The underlying objective of the program is to provide an avenue for residents to work together to enhance the livability of their neighborhoods. The program encourages organization of neighborhood councils, which serve as independent, non-profit organizations promoting resident-based efforts for neighborhood improvements while also establishing a partnership between City government and the neighborhoods they serve. EXHIBITS: Resolution BUDGET IMPACT: None STRATEGIC PLAN GOAL(S): ☐ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging technologies, and fostering new opportunities and industries that benefit our community. ☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior infrastructure, enriched community interactions, and responsive, trusting relationships. ☐ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration. ☐ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. ☐ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of belonging. MOTION: Recommend Council adopt a resolution that recognizes the Connection Condominiums Neighborhood Council, supports its community building efforts, and confers all opportunities offered by the City’s Neighborhood Program.  1 Connection Condominiums Neighborhood Council Resolution RESOLUTION NO. ___________ A RESOLUTION of the city council of the city of Kent, Washington, recognizing Connection Condominiums Neighborhood Council. RECITALS A. The city of Kent has developed a Neighborhood Program to promote and sustain an environment that responds to residents by building partnerships between the City and its residents. In addition, the city of Kent encourages residents to work together to form geographically distinct neighborhood councils as a means to foster communication among residents and to enhance their sense of community. B. The city of Kent recognizes and supports neighborhood councils by endorsing a process to establish neighborhood boundaries, approve neighborhood councils, and provide neighborhood grant matching program opportunities to make improvements in defined neighborhoods. C. The Connection Condominiums neighborhood consists of sixty- seven households. D. The Connection Condominiums neighborhood is located on Kent’s East Hill and is situated generally to the east of 107th Avenue S.E., to the north of S.E. 262nd Street, to the west of Home Depot and to the  2 Connection Condominiums Neighborhood Council Resolution south of S.E. 260th Street. The Neighborhood is shown on Exhibit A, attached and incorporated by this reference. E. On January 15, 2018, the Connection Condominiums Neighborhood submitted an official registration form to request that the City recognize the Connection Condominiums Neighborhood Council and to allow the Neighborhood to take part in the City’s Neighborhood Program. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Recognition of Neighborhood Council. – The City Council for the city of Kent hereby acknowledges the effort and commitment of the Connection Condominiums neighborhood and all those who participated in forming the Connection Condominiums Neighborhood Council. The Kent City Council hereby recognizes Connection Condominiums Neighborhood Council as an official Neighborhood Council of the city of Kent, supports Connection Condominiums Neighborhood Council community building efforts, and confers on the Connection Condominiums Neighborhood Council all opportunities offered by the City’s Neighborhood Program. SECTION 2. – Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. – Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed.  3 Connection Condominiums Neighborhood Council Resolution SECTION 4. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of March, 2018. CONCURRED in by the mayor of the city of Kent this ______ day of March, 2018. DANA RALPH, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY P:\Civil\Resolution\Neighborhoodcouncilconnectioncondominiumsrresolution.Docx  Exhibit A  OFFICE OF THE MAYOR Derek Matheson, Chief Administrative Officer Phone: 253-856-5700 Fax: 253-856-6700 220 Fourth Avenue South Kent, WA. 98032 DATE: March 12, 2018 TO: Chair Bill Boyce and Economic and Community Development Committee FROM: Toni Azzola, Neighborhood Program Coordinator SUBJECT: Recognition of Laurel Springs Lower Community Neighborhood Council – Resolution – Recommend SUMMARY: The Laurel Springs Lower Community neighborhood consists of 37 households and is located on the East Hill of Kent. On January 29, 2018, the Laurel Springs Lower Community neighborhood submitted an official registration form to request that the City recognize their neighborhood council and allow the neighborhood to take part in the City’s neighborhood program. The neighborhood has now completed the process to be recognized as a neighborhood council. BACKGROUND: The City’s Neighborhood Program is an initiative designed to foster better communication among residents in a geographic area and city government. The underlying objective of the program is to provide an avenue for residents to work together to enhance the livability of their neighborhoods. The program encourages organization of neighborhood councils, which serve as independent, non-profit organizations promoting resident-based efforts for neighborhood improvements while also establishing a partnership between City government and the neighborhoods they serve. EXHIBITS: Resolution BUDGET IMPACT: None STRATEGIC PLAN GOAL(S): ☐ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging technologies, and fostering new opportunities and industries that benefit our community. ☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior infrastructure, enriched community interactions, and responsive, trusting relationships. ☐ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration. ☐ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. ☐ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of belonging. MOTION: Recommend Council adopt a resolution that recognizes the Laurel Springs Lower Community Neighborhood Council, supports its community building efforts, and confers all opportunities offered by the City’s Neighborhood Program.  1 Laurel Springs Lower Community Neighborhood Council Resolution RESOLUTION NO. ___________ A RESOLUTION of the city council of the city of Kent, Washington, recognizing Laurel Springs Lower Community Neighborhood Council. RECITALS A. The city of Kent has developed a Neighborhood Program to promote and sustain an environment that responds to residents by building partnerships between the City and its residents. In addition, the city of Kent encourages residents to work together to form geographically distinct neighborhood councils as a means to foster communication among residents and to enhance their sense of community. B. The city of Kent recognizes and supports neighborhood councils by endorsing a process to establish neighborhood boundaries, approve neighborhood councils, and provide neighborhood grant matching program opportunities to make improvements in defined neighborhoods. C. The Laurel Springs Lower Community neighborhood consists of thirty-seven households. D. The Laurel Springs Lower Community neighborhood is located on Kent’s East Hill and is situated generally to the east of 130th Place S.E., to the north of S.E. 210th Place, to the west of 132nd Avenue S.E. and to the  2 Laurel Springs Lower Community Neighborhood Council Resolution south of S.E. 209th Court. The Neighborhood is shown on Exhibit A, attached and incorporated by this reference. E. On January 29, 2018, the Laurel Springs Lower Community neighborhood submitted an official registration form to request that the City recognize the Laurel Springs Lower Community Neighborhood Council and to allow the Neighborhood to take part in the City’s Neighborhood Program. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Recognition of Neighborhood Council. – The City Council for the city of Kent hereby acknowledges the effort and commitment of the Laurel Springs Lower Community neighborhood and all those who participated in forming the Laurel Springs Lower Community Neighborhood Council. The Kent City Council hereby recognizes Laurel Springs Lower Community Neighborhood Council as an official Neighborhood Council of the city of Kent, supports Laurel Springs Lower Community Neighborhood Council community building efforts, and confers on the Laurel Springs Lower Community Neighborhood Council all opportunities offered by the City’s Neighborhood Program. SECTION 2. – Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. – Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed.  3 Laurel Springs Lower Community Neighborhood Council Resolution SECTION 4. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of March, 2018. CONCURRED in by the mayor of the city of Kent this ______ day of March, 2018. DANA RALPH, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY P:\Civil\Resolution\Neighborhoodcouncillaurelspringslowercommunityresolution.Docx  EXHIBIT A  ECONOMIC AND COMMUNITY DEVELOPMENT Kurt Hanson, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032 DATE: March 7, 2018 TO: Council President Bill Boyce and ECDC members FROM: Matt Gilbert, Acting Deputy Director-ECD SUBJECT: Rental Housing Registration and Inspection Program SUMMARY: City staff, in partnership with consultants from Furturewise and Living Well Kent have completed outreach and policy development work on a program that will provide pro- active enforcement of basic health and safety standards in Kent’s rental apartment housing. The program described in the attached ordinance will require that every three years, apartment owners have a sampling of their units inspected to ensure that basic maintenance is being done and that units are not creating health problems or a dangerous situation for the tenants. Required elements will be listed on an inspection checklist provided by the City. Successful inspections must be completed prior to issuance of a annual business license, which apartment owners are already required to obtain. The program has been developed based on input from tenants, inspectors, property owners and program administrators in other cities. It is also consistent with Washington’s Landlord Tenant Act which limits the scope of these types of programs. Staff and consultants will present the draft ordinance at the March 12th ECDC meeting. EXHIBITS: Draft Rental Housing Registration and Inspection Program; draft Inspection Checklist BUDGET IMPACT: None. The cost of the program will be off-set by increased annual business license fees for apartment rental owners, initially anticipated to be $12 per unit. STRATEGIC PLAN GOAL(S): ☐ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging technologies, and fostering new opportunities and industries that benefit our community. ☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior infrastructure, enriched community interactions, and responsive, trusting relationships. ☐ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration. ☐ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. ☒ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of belonging. MOTION: I recommend that City Council adopt the ordinance establishing the Rental Housing Registration and Inspection Program, as presented by staff.  ORDINANCE NO. AN ORDINANCE of the City Councit of the City of Kent, Washington, amending Tiile 10 of the Kent City Code by adopting a new chapter 10.02 establishing a residential rental housing registration, inspection, and licensing program. RECITALS A. Some rental housing un¡ts with substandard conditions exist within the city of Kent, and as a result of extensive community engagement, several common health and safety issues have been identified. B. The Residential Landlord-Tenant Act, specifically Rcw 59.18.125, authorizes local governments to require landlords to provide a certificate of inspection as a business license condition. C. The City Council has determined ensuring rental housing in the City meets specific minimum health and safety standards requires a rental housing registration, inspection, and licensing program to promote code compliance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Adopt Chapter 7O,O2 KCC - Re.' Renta I Housing Inspections 1  ORDINANCE SECTION 7. - New Chapter. Title 10 of the Kent City Code is amended by adding a new chapter Lo.oz, entitled "Rental Housing Registration and Inspection Program," to read as follows: CHAPTER 1O.O2 RENTAL HOUSING REGISTRATION AND INSPECTION PROGAM Sec. 1O.O2,O1O. Purpose. The City of Kent finds that the establishment of a rental housing registration and safety inspection program and the continuation of its rental housing business license requirements "r¡il! protect the public health, safety, and welfare o1'tenants by encouraging the proper maintenance of rental housing by identifying and requiring correction of substandard housing conditions. By establishing this program, the City intends to prevent conditions of deterioration and blight that would adversely impact the quality of life in Kent. sec. 1o.o2.o2o, Applicability - confticts. The provisions of this chapter shall apply in addítion to the provisions of any other code provision or ordinance. Where there is a conflict, the more restrictive provision shall apply. sec. 1o.o2.o3o. Definitions. For the purpose of this chapter, the following words or phrases have the meaning prescribed berow: A. "Accessory dwelling unit" or "ADU" means a second, subordinate housing unit that is accessory to a single family residence, and meets the definition and requirements of Kcc 15,02.003 and 15.09.160 for accessory dwellings. Adopt Chapter 7O.O2 KCC - Re: Rental Housing Inspections 2  B. "Building" means a structure having a roof supported by columns or walls used for supporting or sheltering a use of any kind, c. "Building code" means all code provisions adopted in and throughout Chapter 14,01 KCC, D. "Business License" means a business license as required by chapter 5.01 KCC E. "Certificate of Inspection" means the document signed and dated by a qualified rental housing inspector and submitted to the City as the result of an inspection conducted by a qualified rental housing inspector that certifies that the residential housing units that were inspected comply with the requirements and standards of this chapter. F, "Declaration of Compliance" means a statement submitted to the City, by the owner or the landlord that certifies that, to the best of his or her knowledge, after an on-site review of the conditions of the rental unit, each residential housing unit complies with the requirements and standards of this chapter. G. "Department" means the city of Kent Economic and community Development Department. H. "Director" means the Director of the Economic and community Development Department or the Director's designee, I. "Fire Code" means all code provisions adopted in and throughout Chapter 13.01 KCC. Adopt Chapter 7O.O2 KCC - Re: Rental Housing Inspections 3  J. "Landlord" means the owner, lessor, or sublessor of the rental unit or the rental property of which it is a part, and in addition means any person designated as representative of the owner, lessor, or sublessor including, but not limited to, an agent, a resident manager, or a designated property manager. K. "Mobile home" means a mobile home or a manufactured home as defined in Chapter 59,20 RCW. L. "Owner" has the meaning as defined in RCW 59.18,030. M. "Qualified rental housing inspector" and "RHI" mean a private inspector who possesses at least one of the following credentials and who has been approved by the Director as a RHI based on a process developed by the Director consistent with the intent of this Chapter: 1. American Association of Code Enforcement property Maintenance and Housing Inspector certification; 2. International Code Council Property Maintenance and Housing Inspector ce rtification ; 3, Inspector; 4. International Code Council Residential Building Code Washington State licensed home inspector; or 5. other acceptable credential the Director establishes by rure N. "Rental property" means all residential dwelling units rented or leased on a single parcel of land managed by the same randrord. O. "Rental property complex" means all residential dwelling units rented or leased on a contiguous parcel or parcels of land managed by the same landlord as a single rental complex. Adopt Chapter 7O.O2 KCC - Re: Rental Housing Inspections 4  P' "Rental unit" means a residential housing unit occupied or rented by a tenant or available for rent by a tenant. a. "Residential housing unit" means any building or part of a building in the city of Kent that is used or may be used as a home, residence or sleeping place by one or more persons, including but not limited to single- family residences, accessory dwelling units, duplexes, tri-plexes, four- plexes, townhouses, multifamily dweilings, apartment buildings, condominiums, and similar living accommodations, R' "Residential rental housing registration" means registration required under this chapter, s. "shelter" means a facility with overnight sleeping accommodations, owned, operated, or managed by a nonprofit agency or governmental entity, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of the homeless. T. "single family residence" means a single detached building containing only one residential housing unit that is completely separated by open space on all sides from any other structure, except its own garage or shed. U. "Tenant" means a person entitled to occupy a residential housing unit pursuant to a rental agreement or who pays rent for occupancy or possession. v, "Transitional housing" means residential housing units owned, operated, or managed by a nonprofit agency or governmental entity in which supportive services are provided to individuals or families that were formerly homeless, with the intent to stabilize them and move them to permanent housing within a period of not more than 24 months, Adopt Chapter tO,OZ KCC - Re: Rental Housing Inspections 5  W. "Unit unavailable for rent" means a residential housing unit that is not offered or available for rent as a rental unit, and that prior to offering or making the unit available as a rental unit, the owner is required to obtain a residential rental registration for the rental property in which the unit is located and comply with applicable regulations adopted pursuant to this chapter. Sec. 1O.O2.O4O. Scope. A. Exempt Residential Housing units: This chapter does not appry to the following residential housing units: 1. Owner-occupied single family residences; 2. Units unavailable for rent; 3. Housing accommodations in a hotel, motel, or other similar transient lodging; 4. Housing accommodations at an institution, whether public or private, where residence is merely incidental to detention or the provision of medical, religious, educational, recreational, or similar services, including but not limited to correctional facilities, licensed nursing homes, monasteries and convents, and hospitals; 5, owner-occupied mobile homes or manufactured homes, both as defined in Chapter 59.20 RCW; and 6. Shelters and transitional housing. B. Registration Required. 1. No person shall make available for rent, or rent, lease, or let, to the public any residential housing unit that is not exempt under KCC Adopt Chapter 7O.O2 KCC - Re: Rental Housing Inspections 6  10.02.040(A) without first registering the rental unit with the Department, except for the following: Rental units that a government unit, agency or authority owns, operates or manages, or that are specifically exempted from such a registration requirement by State or federal law or administrative regulation. This exemption does not apply once the governmental ownership, operation or management is discontinued, 2. A residential rental housing registration expires on December 31't of the calendar year following registration or renewal. 3, The residential rental housing registration is transferable to any person who has acquired ownership of a registered rental property for the unexpired portion of the one-year term for which it was issued. 4. Application. Application for a residential rental registration shall be made to the City on a form and through a process established by the Director. The application shall include a declaration of compliance and such other information as required by the Director in order to carry out the intent of this chapter. 5. Renewal. A residential rental registration may be renewed for the ensuing year on or before the date of the expiration of the current registration, submitting a renewal application on a form and through a process established by the Director updating the information contained in the original application. Any person who fails to submit the required documentation on or prior to the expiration date of the registration shall be subject to a $50 penalty, c, License Required: As a condition of operation, each and every owner or landlord renting or leasing a residential housing unit within the city limits shall, in accordance with chapter 5,01 KCC, obtain and maintain a Adopt Chapter 7O.O2 KCC - Re.' Renta I Housing Inspections 7  business license. The issuance of such a license shall be considered a privilege and not an absolute right of the landlord, and the possession of such license shall not entitle the landlord to a new business license for subsequent years. 1. Exemptions: Landlords are exempt from the requirement to obtain a business license for the following rental units: a. Single-family residences; b. Mobile homes or manufactured homes, both as defined in Chapter 59.20 RCW; and c. Condominiums and townhomes d. All residential housing units exempt from the residential rental housing registration requirements under KCC 10.02.040(A) and (B). 2. Penalty for not obtaining license. In addition to the penalties set forth in chapter 5.01 KCC, there shall be assessed a penalty of 9100 per day for each day that a residential housing unit operates without a valid and current business license for the first 10 days of noncompliance with this chäpter, and up to 9400 per day for each day in excess of 10 days of noncompliance with this chapter. 3. Display of Program Information: Information regarding the rental housing and safety inspection program shall be posted on the inside of each residentÍal housing unit or in a common area; provided, that the Director may by rule establish one or more alternative or additional methods for conveying the information to tenants. 4. Declaratíon of Compliance. As a condition to the issuance and/or renewal of a business license, an applicant shall provide a valid declaration of compliance addressing each rental unit in the rental property prior to the issuance of a license. A declaration of compliance Adopt Chapter 7O.O2 KCC - Re: Rental Housing Inspections B  submitted under this chapter must state that each unit complies with the requirements of this chapter and that there are no conditions presented in the units that endanger or impair the health or safety of a tenant, sec. 1o.o2.o5o. Business license period - Application and relicensing - Fee. The business licensing period shall run from January lst through December 31st of each year. Any application for a license required by this chapter shall be accompanied by a certificate of inspection and a fee as established in chapter 5.01 Kcc and any resolution established in accordance with that chapter, Residential rental housing business licensing applications shall comply with the requirements of KCC 5,01.090 and 5.01.110. sec. 1o.o2.060. Denial or revocation of business license - Appeal. A. Denial or revocation of license, A residential rental housing business license may be denied or revoked for the following reasons: 1. Failure to obtain a certificate of inspection as required by this chapter; 2. The certificate of inspection or business license was procured by fraud or false representation of fact; 3. The applicant or registration holder has failed to comply with any of the provisions of this chapter; 4. The applicant or registration holder is in default in any fee due to the City under this chapter; 5. Any reason set forth in KCC 5.01.130; 6. The property is subject to a notice of violation for a code violation which has been deemed committed or found to have been committed Adopt Chapter 7O.O2 KCC - Re: Rental Housing Inspections 9  pursuant to Chapter L.04 KCC or violation of the Revised Code of Washington, B. Process - Appeal. The denial or revocation of a residential rental housing business license shall comply with the business license revocation procedures set forth in Chapter 5.01 KCC. The denial or revocation of a business license required by this chapter may be appealed in conformance with the requirements of Chapter 5,01 KCC. C. If a residential rental housing business license is revoked, or an application for a license is denied, the landlord will be granted a business license only after: 1. Any and all deficiencies on which the revocation or denial was based have been corrected; 2. In the event an inspection has been required, the applicant has provided to the City a valid certificate of inspection that meets the requirements of this chapter; and 3. The applicant pays a license fee as determined by ordinance. D. Tenant relocation assistance shall be provided as required by RCW 59.18.085, and pursuant to the process set forth therein, Sec, 1O,O2.O7O. Gertificates of inspection. A. All residential rental properties subject to the business license requirements of this chapter must be inspected once every three years by a qualified rental housing inspector and will require a certificate of inspection within a time period established by the Director. The property selection process shall be based on a methodology determined by the Director that will further the purpose of this chapter. Adopt Chapter 7O.O2 KCC - Re: Rental Housing Inspections 10  B. The Director is authorized to create and publish a checklist to be used for declarations of compliance and inspections submitted or conducted under this chapter, and is authorized to include additional standards including, but not limited to, those within the Building Code, Fire Code, or RCW 59.18.060. C. All certificates of inspection submitted under this chapter must state that all units subject to inspection have been inspected, that all units inspected comply with the requirements of the checklist. D. A certificate of inspection shall be based upon a physical inspection by the qualified rental housing inspector of the residential housing units conducted not more than 90 days prior to the date of the certificate of inspection. E. The certificate of inspection shall list and show compliance with the minimum standards for each residential housing unit that was inspected using the checklist provided by the city and shall contain such other information as determined by the Director to carry out the intent of this chapter. F. Limitations and conditions on inspection of units for certificate of inspection. t. The unit selection process shall be based on a methodology determined by the Director that will further the purpose of this chapter. 2. The City may only require a certificate of inspection on a rental property no more frequently than once every three years in accordance with RCW 59.18.125. 3, A rental property that has received a certificate of occupancy within the last four years and has had no code violations reported on the property during that period is exempt from inspection. Adopt Chapter 7O.O2 KCC - Re: Rental Housing fnspections 11  4. For properties that require an inspection, the owner or landlord must send written notice of the inspection to all units at the rental property. The notice must advise tenants that some of the units at the property will be inspected and that the tenants whose units need repairs or maintenance should send written notification to the landlord as provided in RCW 59.18.070. The notice must also advise tenants that if the landlord fails to adequately respond to the request for repairs or maintenance, the tenants may contact city of Kent officials. A copy of the notice must be provided to the inspector upon request on the day of inspection. 5. If a rental property has twenty or fewer rental units, no more than four i'ental units at the renta! pi'operty may be selected by the city to provide a certificate of inspection as long as the initial inspection reveals that no conditions exist that endanger or impair the health or safety of a tenant. 6. If a rental property has twenty-one or more rentar units, no more than twenty percent of the units, rounded up to the next whole number, on the rental property, and up to a maximum of fifty units at any one property, may be selected by the city to provide a certificate of inspection as long as the initial inspection reveals that no conditions exist that endanger or impair the health or safety of a tenant, 7. If an owner or landlord is asked to provide a certificate of inspection for a sample of units on the rental property and a selected unit fails the initial inspection, the City may require up to one hundred percent of the units on the rental property to provide a certificate of inspection, 8. If a rental property has had conditions that endanger or impair the health or safety of a tenant reported since the last required Adopt Chapter 7O.O2 KCC - Re: Rental Housing Inspections T2  inspection, the city may require one hundred percent of the units on the rental property to provide a certificate of inspection, 9. An inspector conducting an inspection under this chapter may only investigate a rental property as needed to provide a certificate of inspection. G. Notice to Tenants. 1. The landlord shall provide written notification of his or her intent to allow an inspector to enter an individual unit for the purposes of providing the City with a declaration of compliance or certificate of inspection in accordance with RCW 59.18.150(6). The written notice must indicate the date and approximate time of the inspection and the company or person performing the inspection, and that the tenant has the right to see the inspector's identification before the inspector enters the individual unit. A copy of this notice must be provided to the inspector upon request on or before the day of inspection. 2. A tenant who continues to deny access to his or her unit is subject to the penalties in RCW 59.18.150(8). sec' 1o.o2.o8o, Notice that rental is unlawful when certificate not provided. when a certificate of inspection or a declaration of compliance is required for a specified residential housing unit under this chapter and a valid certificate of inspection or declaration of compliance has not been provided to the City, the Director is authorized to notify the owner or landlord that until a valid certificate of inspection or declaration of compliance is provided to the City, it is unlawful to rent or to allow a tenant to continue to occupy the residential housing unit. It shall be unlawful to rent or allow a tenant to occupy or continue to occupy such unit. Adopt Chapter 7O.O2 KCC - Re: Rental Housing fnspections 13  sec. 10.o2.o9o. other inspections. Nothing in this chapter precludes additional inspections conducted under Rcw 59.18.150, Chapter 1,04 Kcc, or at the request or consent of a tenant, pursuant to a warrant, or pursuant to the tenant remedy provided by Rcw 59.18.115 of the Residential Landlord-Tenant Act. sec. 1o.o2.1oo, Director is authorized to make rules, The Director is authorized to adopt, publish and enforce rules and regulations, consistent with this chapter and the standards in this chapter for the purpose of carrying out the provisions of this chapter, and it is unlawful to violate or fail to comply with any such rule or regulation. sec. 1o.o2.110. correction notice prior to enforcement. Before the city suspends or revokes a registration or imposes the penalties set forth in this chapter, an attempt shall be made to give the owner or landlord a written notíce by personal service or by certified mail, return receipt requested, stating the existence of a violation, that enforcement action is contemplated, and that such person shall have a specified period of time in which to correct the violation. sec. 1o.o2.12o. rmmediate health and safety threats. Nothing in this chapter shall limit the City's ability to inspect properties and issue citations for property-related conditions that may constitute an immediate health or safety threat. Sec. 1O.O2,13O. Immunity, no warranty by City, and no private right of action. The purpose of this chapter is to promote the safety and welfare of the general public and not to create or designate any particular class of persons who will or should be specially protected by its terms. Nothing contained in this chapter is intended nor shall be construed to create any liability on the part of the city or its employees for any injury or damage resulting from the failure of an owner, landlord, Adopt Chapter 7O.O2 KCC - Re: Rental Housing Inspections T4  inspector, or other individual to comply with the provisions of this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the City or its employees. By enacting and undertaking to enforce this chapter, neither the City, its agents or employees, nor the City Council warrant or guarantee the safety, fitness or suitability of any dwelling in the City or any unit inspected under this program. owners, landlords, and occupants shall take whatever steps they deem appropriate to protect their interest, health, safety and welfare. Nothing contained in this chapter is intended to create a private right of action. Sec. 1O.O2.L4O. Notice - Add¡tional penalties. A. Prior to imposing any penalties set forth in this chapter, the city shall provide notice and an opportunity to correct. B' Any person who knowingly submits or assists in the submission of a falsified certificate of inspection, or knowingly submits falsified information upon which a certificate of inspection is issued, is guilty of a gross misdemeanor and must be punished by a fine of not more than five thousand dollars as provlded in RCW 59.18.125. C. The penalties imposed in this chapter are not exclusive when the acts or omissions constltute a violation of another chapter of the Kent City Code. In addition to all other penalties, remedies, or other enforcement measures established within this chapter, or as otherwise provided by law, the acts or omissions that constitute violations of this chapter may be subject to penalties and enforcement provisions as provided by other chapters of the Kent city code, and such penalties and enforcement provisions may be imposed as set forth therein. All remedies under this chapter are cumulative unless otherwise expressly stated. The exercise of one remedy shall not foreclose use of another. Remedies may be used Adopt Chapter 7O.OZ KCC - Re: Rental Housing Inspections 15  singly or in combination; in addition, the city of Kent may exercise any rights it has at law or equity. sec. 1o.o2,15o. consistency with Rcw 59.18. The provisions of this chapter shall be interpreted in a manner that is consistent with the provisions of Chapter 59.18 RCW. 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. sFcrroM 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. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLY A. KOMOTO, CIry CLERK Date Adopted Date Published Adopt Chapter 7O.O2 KCC - Re: Rental Housing Inspections 16  APPROVED AS TO FORM: ARTHUR "PAT" FITZPATRICK, CITY ATTORNEY Adopt Chapter 7O.O2 KCC - Re: Rental Housing Inspections 77  DR A  FT DR A  DR A  DR A  DR A  DR A F T  DR A F T  DR A F T  DR A F T  ECONOMIC AND COMMUNITY DEVELOPMENT Kurt Hanson, Director Phone: 253-856-5706 Fax: 253-856-6454 220 Fourth Avenue S. DATE: March 3, 201g Kent' wA 98032-5895 TO: Chair Bill Boyæ and Eonomic and C.ommunity Development Committee Membes FROM: Danielle Butsick, Sr, Long-Range Planner/GlS coordinator SUBJECT: MTC-1 Sign Code Amendment MOTION: Recommend to the City Council approval /deniallmodificationof proposed amendments to 15,O6.050 of the Kent City Code, related to sign regulations in the Midway Transit Community-1 zoning district aspresented by staff. SUMMARY: Kent adopted sign regulations for the MTC-1 zoning district in 2011. The sign regulations were derived from the Midway Subarea Plan and Midway Design Guidelines, documents developed with significant public outreach. To date, no development has occurred in the MTC-1 zoning district that has fallen under the sign code, Staff has identified the need to amend the sign regulations to 1) improve sign visibility, 2) recognize the significant motorized use of the SR-99 corridor, 3) ensure visual parity between signs in adjacent jurisdictions and those in Kent, and 4) enhance the pedestrian environment consistent with the Midway Design Guidelines. Staff will present the proposed code amendment at the March 12 ECDC meeting and will request a recommendation from the Committee on the proposed amendments. BACKGROUND: The MTC-I zoning district is the gateway into the Midway Subarea;it is highway-oriented, fronting SR-99. Through the Midway Design Guidelines, the pedestrian is nevertheless given priority through pedestrian level visual interest and human-scale design. Existing sign regulations in the MTC-1 district limit sign types to freestanding monument signs or suspended signs such as blade or hanging signs; sign sizes are limited to a maximum size of 80 square feet, and 40 square feet per face, Appropriate sign visibility is important for motorist safety, effective wayfinding, and the economic interests of businesses. Variety and creativity in sign design and typecan enhance visual interest for pedestrians and motorists. Additionally, sign regulations for the City of Des Moines, adjacent to the MTC-1 zoning district and characterized by SR-99 frontage, allow for freestanding signs other than monument signs up to 20 feet in height and 100 square feet. Staff recommends allowing director approval of freestanding signs other than monument signs and increasing the maximum allowed size of freestanding monument signs in the MTC-1 zoning district to 1) improve sign visibility, 2) recognize the significant motorized use of the SR-99 corridor, 3) ensure visual parity between signs in adjacent jurisdictions and those in Kent, and 4) enhance the pedestrian environment consistent with the Midway Design Guidelines.  Staff will be available at the March 12 meeting to provide information and request a recommendation from the Economic and Community Development Committee. EXHIBITS: Draft ordinance; draft SEPA documents; powerpoint BUDGET IMPACTT None STRATEGTC PLAN GOAL(S): 8 Innovat¡ve Government - Empowering responsible c¡t¡zen engagement, providing outstanding customer serv¡ce, leveraging technologies, and fostering new opportunities and ¡ndustr¡es that benefit our community. n Authentic Gonnectivitv and communication - uniting people to people, to places, and to their government through superior ¡nfrastructure, enriched commun¡ty interactions, and responsive, trusting retationships. f1 Thrivino Neiqhborhoods and Urban Centers - Creat¡ng v¡brant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration. 8 Sustainable Fundino - Maximizing long-term financial success through responsible fiscal oversight, economic g rowth, a nd com m u n ity pa rtnersh i ps. tr Inclusive Communitv - Embracing the power of our diversity by encouraging commun¡ty part¡c¡pation and creating a strong sense of belonging. S:\PUBLIC\City Clerk's Office\City Council\Council Committees\Economic and Community Development Committee\Legislative ltem Template.docx 45 ORDINANCE NO. AN ORDINANCE of the City Council of theCity of Kent, Washington, amending section 15.06.050 of the Kent City Code, entitled "Regulations for Specific Districts," to revise sign code regulations in the Midway Transit Community- 1 zoning district. RECITALS A. On December 13, zOtL, the City Council adopted the Midway Subarea Plan, which conveys a range of actions that prepares the area for future high capacity light rail transit. The overall goal for the plan includes a dense, pedestrian-friendly, sustainable community around high capacity transit nodes. Policy MLU-1.3 in the plan recognizes the need for flexibility in land uses and density as the market transitions from auto-oriented development form to a dense pedestrian-friendly development form. Policy MUD-3.7 recognizes a difference in sign regulations for development adjacent to SR-99 whlle maintaining the overall urban character of the designated transit-oriented comm unity. B. The City Council also adopted the Midway Design Guidelines and sign regulations on December L3, 2ot1, as implementation measures for the Midway subarea Plan. The plan, guidelines, and sign regulations were the result of multiple years of public outreach to businesses, residents, and other stakeholders in the Midway subarea. Amend KCC 75.06 - Re: Sign Regulations in MTC-I 1 46 C. The Midway Design Guidelines call for creative and individual expression in the design and placement of signs; they encourage creative, sculptural, and neon signs in the Midway subarea. The guidelines also state that signs should be designed to add pedestrian interest. D. The Midway Design Guidelines recognize the distinct environment of the area along SR-99/Pacific Highway; it is characterized as highway-oriented, but the pedestrian is nevertheless given priority through visual interest and human dimension at the street level. E. In the Midway Transit community-1 ("MTc-1") zoning district, within the Midway subarea, the following signs are currently allowed as identification signs for single business occupancies: freestanding monument signs up to 15 feet tall and 80 square feet with no sign face larger than 40 square feet; suspended signs including hanging signs, and blade signs up to 20 feet tall and 80 square feet with no sign face larger than 40 square feet; and wall signs up to 10 percent of the first floor façade, or 24 square feet, whichever is greater, and up to 35 feet tall. F. To date, no new monument signs have been installed on SR- 99 under the MTC-1 sign regulations in ch. 15.06 KCC, adopted by Kent City Council in 2011. In anticipation of forthcoming development to which these regulations would apply, staff reviewed the sign regulations to evaluate their consistency with the Midway Design Guidelines, other sign regulations in Kent, and neighboring jurisdictions. The intent was to ensure that the regulations are fair, appropriate, and not unnecessarily burdensome while still achieving the intent of the subarea plan and design guidelines. G. Although not envisioned as a traditional downtown, the Midway area is, like Kent's downtown, envisioned as a center of pedestrian Amend KCC 75.06 - Re: Sign Regulations in MTC-I 2 47 scale activity with a dense mix of land uses. Sign regulations for the Downtown Commercial Enterprise ("DCE") zoning district, within downtown Kent, allow for freestanding signs other than monument signs up to 15 feet in height and 100 square feet in area for all faces. In contrast to the Midway area, however, a highway does not bisect the DCE zoning district as SR-99 does the MTC-1 zoning district. This distinct auto-oriented context suggests a need for moderately larger signs along the highway frontage in the MTC-1 district than in the DCE district, H. sign regulations for the city of Des Moines, which is across from and adjacent to Kent's MTc-1 zoning district, and similarly characterized by SR-99 frontage, allow for freestanding signs other than monument signs, up to 20 feet in height and 100 square feet in area for all faces. I. Best practices for sign visibility and motorist reaction time in a 45 mile per hour zone similar to the SR-99 corridor recommend sign sizes of 60 or more square feet per sign face. Appropriate sign visibility is important for motorist safety, effective wayfinding, and the economic interests of businesses. It is in the public interest to increase the allowed height and sign face area for freestanding signs to improve visibility, ensure visual parity between signs in adjacent jurisdictions and those in Kent, and recognize the significant motorized use of the SR-99 corridor. J. Variety in sign design and type can enhance visual interest for pedestrians and motorists; it is in the public interest and consistent with the intent of the Midway Subarea Plan and Design Guidelines to allow multiple types of signs when they demonstrate creativity and integrity in design and pedestrian-scale interest. K. High sign density can contribute to information overload for motorists, inhibiting visual recognition, decision-making, and response. Amend KCC 75,06 - Re: Sign Regulations in MTC-I 3 48 Sufficient sign spacing is necessary to ensure that motorists are not overloaded. The aggregate allowed sign area for any lot in the MTC-1 zoning district is one square foot per linear foot of street frontage; a maximum single sign size of 150 square feet for lots with at least 200 feet of frontage is consistent with this ratio, allowing for at least 50 square feet of additíonal signage elsewhere on the lot. ' L. On February L2,2018, planning staff presented the Land Use and Planning Board ("LUPB") with an overview of the need for revised sign code regulations in the MTC-1 zoning district and the proposed revised code language. M, On January L7, 2018, the City requested expedited review under Rcw 36.704,106 from the washington state Department of commerce regarding the city's proposed code amendments related to signage in the MTC-I zoning district. The Washington State Department of commerce granted the request for expedited review on February 6, 2018. No comments were received from State agencies. N. On February 5, 20L8, the City conducted and completed environmental review under the State Environmental Policy Act (SEPA). The City's SEPA Responsible Official issued a Determination of Non- Significance for the code amendments. O. At its regularly-scheduled public meeting on xx-xx-2O18, the LUPB held a public hearing regarding the proposed code amendments related to sign regulations in the MTC-1 zoning district, After considering thematter,theLUPBvotedtorecommend-oftheproposed amendments to the City Council. P. On xx-xx-20t8, the Economic and Community Development Committee considered the recommendations of the LUPB at its regularly- Amend KCC 75.06 - Re: Sign Regulations in MTC-I 4 49 scheduled meeting, and recommended to the full City Council the proposed code amendments. a. At its regularly-scheduled meeting on xx-xx-2018, the City Council voted to the amendments to portions of Chapter 15.06 of the Kent city code, pertaining to sign regulations in the MTc-1 zoning district. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 7. - Amendment - KCC 15.06.050. Section 15.06.050 of the Kent City Code, entitled "Regulations for Specific Districts," is hereby amended to read as follows: Sec. 15.06.050. Regulations for specific districts. In all districts the planning 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. D. Signs permitted in midway transit community-7 district. The aggregate sign area for any lot shall not exceed one square foot for each linear foot of street frontage. Aggregate sign area for corner lots shall not exceed three-fourths of a 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 freestanding monument sign per street frontage or Amend KCC 75,06 - Re: Sign Regulations in MTC-I of 5 50 one projecting sign per street frontage ¡f located along or at the intersections of sR 99, sR 516, south z4orh Street, south z46rh street, or South 272nd Street, if not located in a multitenant building, and one wall sign and one suspended sign per street frontage. a. Freestanding monument signs. Freestanding monument signs shall not exceed a height of ifS 20 feet. The maximum sign area permitted is 8f!00 square feet for the total of all faces. No one face shall exceed 40-58 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 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 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 area permitted is 80 square feet. No one face shall exceed 40 square feet. The maximum sign height permitted is 20 feet. Blade signs shall not rotate, blink, flash, or be animated. ii. Hanging sígns. Hanging signs shall be double- faced and shall be non-illuminated. Amend KCC 75.06 - Re: Sign Regulations in MTC-I 6 51 c. Wall signs. Wall signs shall not exceed an area of 10 percent of the building first floor facade to which they are attached, or 24 square feet, whichever is greater, Wall signs shall be attached flat against the building, and placement shall not exceed 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 freestanding monument sign per street frontage or one projecting sign per street frontage if located along or at the intersections of sR 99 and sR 516, south 24oth street, South 246th Street, or south 272nd street and each occupancy may have one wall sign and one suspended sign per occupancy, except the anchor tenants with a business frontage of at least 100 linear feet shall be allowed two wall signs, The aggregate wall sign area shall not exceed 10 percent of the first floor building facade to which the signs are attached. a. Freestanding montlment signs. Each multitenant property may have one freestanding monument sign on each street frontage. The sign may not exceed a height of {5 20 feet. The maximum sign area permitted is 8O 100 square feet for the total of all faces. No one face shall exceed 4g 50 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 square foot of Amend KCC 75,06 - Re: Sign Regulations in MTC-I 7 52 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 identification wall sign for the building's identification for each street frontage. The sign shall not exceed a total of five 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 shall have the option of the sign described in this subsection (DX2Xb) or the identification sign described in subsection (o)(2)(c) of this section. c. Identification signs for occupancies. Each occupant of a multitenant building with street frontage shall be permitted two wall signs and one projecting or suspended sign. Each occupancy shall be allowed at least 24 square feet of sign area. The aggregate wall sign area shall not exceed 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. ?Eraa fanrlìna cìnnc Ev¡a rtê Tha Airø¡{-ar â\/ narrr-ril- hainhf nf .)fì faa{-r,r¡hara iha rnnli¡rnl ¡{aman¡}ra}a¡ll aÇ i-.l¡a fnllnrrrina a. No single cabinet face is greater than 40 square feet; b. Creativitv in design that creates visual interest for motorists and pedestrians consistent with the goals of the Midway Subarea Amend KCC 75.06 - Re: Sign Regulations in MTC-I I 53 Plan and ion Guidelines- Fxamnl es include sculntrrral sin ns or multi- ¡rhinaf cianc il-h rraria{'ian in fa¡a chrna cí aø rnrl hainht. c. The sign's support structure(s) is 1) ornamented for Pedestrian-level visual interest. or 2) screened from view at the pedestrian eye level using landscaping or other creative screening element; d. The subject property has at least 200 linear feet of frontage on SR-99 where the sign is to be located; and e, The proposed signage will not adversely impact or detract from the welfare of nearby residences; otherwise interfere with pedestrian movement. the location of pedestrian site; fefafeï h=g._A projecting or suspended sign would not achieve the intended purpose of such signage. sEcrroM 2, - severability. If any one or more section, subsection, or sentence of this ordinance ¡s 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. sECTroN 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. Amend KCC 75.06 - Re: Sign Regulations in MTC-I f 9 54 SECTION 4' - Effective Date. This ordinance shall take effect and be in force thirty 30 days from and after its passage, as provided by law. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLY A. KOMOTO, CITY CLERK Date Adopted' Þate Published APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY P:\Clvll\OrdhanceU5.06,O5O_StgnRogutations-mo1:eiAÍ,doc¡ Amend KCC 75,06 - Re: Sign Regulations in MTC-t 10 55 KENT Location: 400 w. Gowe r Maitro: 220 4thAvenue r"rttntÎl$iirn^lrJiJ-irli Permit Center (253-856-5302 FAX: (253) 856-6412 www.ci.kent.wa. us/perm itcenter Envi ronmenta I Checkl ist Application Form Public Notice Board and Application Fee...See Fee Schedule W^ s H r ñ c r o N TO BE COMPLETED BY STAFF: APPLICATION #: ENV-2018-3 KIVA#: RPSA-2180304 RECEIVED BY:_DATE:_PROCESSING FEE A. STAFF REVIEW DETERMINED THAT PROJECT: X Meets the categorically exempt criteria. Has no probable significant adverse environmental impact(s) and application should be processed without further consideration of environmental effects. Has probable, significant impact(s) that can be mitigated through conditions. EIS not necessary. Has probable, significant adverse environmental impact(s). An Environmental lmpact Statement will be prepared. An Environmental lmpact Statement for this project has already been prepared. t*",ø*"lh,rrtpnø o'n)"2 - "j -/ g Signature of Responsible Official Date B. COMMENTS c TYPE OF PERMIT OR ACTION REQUE SïÈD. Tî*,W T)ffi¿â&ful 'T- tDZONING DIST I 56 TO BE GOMPLETED BY APPLIGANT: Mailing Address: 220 4th Avenue S., A. 1. 2. City of Kent Planning Services Environmental Checklist - Page 2 BACKGROUN D INFORMATION : Name of Project: Midwav Transit Communitv: 1 (MTC-1) Síqn Code Amendments Name of Appli Citv of Kent Kent, WA 98032 Contact Person Danielle Butsick Telephone 253-856-5443 (Note that all correspondence will be mailed to the applicant listed above.) Applicant is (owner, agent, other): Lonq-Ranqe Planner Name of Legal Owne nla Telephone: Mailing Address: 5.Location. Give general location of proposed project (street address, nearest intersection of streetsand@). Citywide; MTC-1 zoning district. Legal descriotion and tax identification number a. Lqgal descfiption (if lenqthy, attach as separate sheet): Not applicable. b. Tax identification number: Not applicable. Existinq conditions: Give a general description of the property and existing improvements, size, topography, vegetation, soil, drainage, natural features, etc. (if necessary, attach a separate sheet). Areas currentlywithin the MTC-1 zoning district are characterized byfrontage on SR-99, a 45 mile-per- hour state highway. Highway frontage for parcels in this zoning district ranges from 100 feet to more than 350 feet. Most parcels currently within the MTC-1 zoning district are commercially developed; ten parcels out of a total of 67 remain undeveloped. 3 4 6 7 57 City of Kent Planning Services Environmental Checklist - Page 3 I Site Area: Citvwide. Areas currentlvwithin the MidwavTransit Communitv-1 zoninq district are located at the northwest and south corners of the Midwav subarea. These areas are at Kent's westernmost limits and are bounded to the west bv the Citv of Des Moines and to the south bv FederalWav. Site Dimensions:The area r:rrrrenflv within the idwav Transit Communitv - 1 zonino district constitutes aooroximatelv 70 acres. 9. Proiect description: Give a brief, complete description of the intended use of the property or project including all proposed uses, days and hours of operation and the size of the project and site. (Attach site plans as described in the instructions): The proposal amends sign code regulations in KCC 15.06 pertaining tothe MTC-1 zoning district. lt increases the maximum allowed height of freestanding monument signs (currently the only type of freestanding sign allowed) from 15 feet to 20 feet, and increases the maximum allowed area of freestanding monument signs from 80 square feet with a maximum face size of 40 square feet to 100 square feet with a maximum face size of 50 square feet. The proposal provides for the director to grant exceptions to the type and size of freestanding signs, allowing freestanding signs other than monument signs up to a maximum area of 150 square feet with a maximum single cabinet face size of 40 square feet and a maximum height of 20 feet. ln order for the director to grant such an exception, the applicant must meet all of a seríes of conditions that ensure consistencywith the pedestrian-scale character envisioned in the Midway Subarea Plan and Midway Design Guidelines. The conditions also require thatthe location and design of the sign provide sufficient spacing and do not negatively impact adjacent uses. 10. Schedule: Describe the timing or schedule (include phasing and construction dates, if possible). The following is the tentative schedule for the proposed code amendments: Land Use and Planning Board: Workshop - 02Í12t2018 Land Use and Planning Board: Public Hearing - 0212612018 (Tentative) Economic and Cornmunity Development Committee: Recommendation 0311212018 (Tentative) City Council: Adoption 03120120'18 (Tentative) 11.Future Plans: Do you have any plans for future additions, expansion or further activity related to or connected with this proposal? lf yes, explain. At the time of submission of this checklist, there are no plans for further code revisions related to this proposal. 12. PermitslAoorovals: List all permits or approvals for this project from local, state, federal, or other agencies for which you have applied or will apply as required for your proposal. City of Kent Planning Services Environmental Checklist - Page 4 AGENCY PERMIT TYPE DATE SUBMITTED-NUMBER STATUS** Washington State Department of Commerce Development regulation review 0111812018 nla Received *Leave blank if not submitted**Approved, denied or pending 13 Environmental lnformation: List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Midway Planned Action Ordinance Environmental lmpact Statement (ElS), 2011 14.Do you know whether applications are pending for governmental approvals of other proposals directly atfecting the property covered by your proposal? lf yes, explain. There are pending development applications for parcels within the MTC-1 zoning district. Civil and building permits have been submitted for a drive-in restaurant on a property on the SR-99 frontage. Civil permits have also been submitted for construction of a church in the MTC-1 district. 59 City of Kent Planning Services Environmental Checklist - Page 5 B. ENVIRONMENTAL ELEMENTS 1. Earth a General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, othe b. What is the steepest slope on the site (approximate percent slope)? According to the City of Kent GIS slope data (2015), nearly all of the area currentlywithin the MTC-1 zoning district is 0-15% sloped;there are narrow bands throughout the area with slopes greater than 40%. A segment in the northwest corner, comprised of undeveloped parcels characterized by wetlands, has a greater concentration of slopes ranging from 15-75%. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? lf you knowthe classification of agricultural soils, specify them and note any prime farmland. According to the City of Kent GIS soils data (2015) and the definitions provided in the 1973 United States Department of Agriculture Soil Survey for the King CountyArea (1973 Soils Survey), areas currentlywithin the MTC-1 zoning district are primarily one of two soil types: 1) Arents/alderwood material with 6-15% slope. Runoff is medium, and the erosion hazard is moderate to severe. This soil is compatible with urban development. 2) Alderwood gravelly sandy loam with 6-15% slope. Permeability is relatively high in the surface layers and very slow in the lower layers. Runoff is slow to medium, and erosion hazard is moderate. This soil is compatible with timber, agriculture, or urban development. d. Are there surface indications or history of unstable soils in the imrnediate vicinity? lf so, describe. None of the areas currently within the MTC-1 zoning district are within the landslide hazard areas mapped by the City of Kent. Describe the purpose, type and approximate quantities of any filling or grading proposed. lndicate source of fill. e Not applicable. No grading proposed EVALUATION FOR AGENCY USE ONLY 60 f City of Kent Planning Services Environmental Checklist - Page 6 Could erosion occur as a result of clearing, construction, or use? lf so, generally describe. City of Kent GIS soils data, City of Kent GIS erodible soils data, and definitions in the 1973 Soils Survey indicate that erosion risk in this area is moderate to severe. Localized erosion could occur as signs are installed. The Midway Design Guidelines require landscaping at the base of signs, which would reduce the likelihood of erosion. g About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Not applicable. No project is currently proposed. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any. The Midway Design Guidelines require landscaping at the base of signs, which will reduce the potential impacts of erosion. 2. Air Not applicable, What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke)during construction and when the project is completed? lf any, generally describe and give approximate quantities if known. b. Are there any off-site sources of emissions or odor that may affect your proposal? lf so, generally describe. Proposed measures to reduce or control emissions or other impacts to air, if any. a c EVALUATION FOR AGENCY USE ONLY 61 City of Kent Planning Services Environmental Checklist - Page 7 3. Water a. Surface: 1) ls there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, salt water, lakes, ponds, wetlands)? lf yes, describe type and provide names. lf appropriate, state what stream or river it flows into. City of Kent GIS wetland inventory data show that the Mcsorely Creek wetland covers a narrow portion of the southern segment of the current MTC-1 zoning district; Massey Creek wetlands are present in the northernmost segment. 2l Willthe project require anywork over, in oradjacentto (within 200 feet) the described waters? lf yes, please describe and attach available plans. Not applicable. No project is currently proposed EVALUATION FOR AGENCY USE ONLY 62 City of Kent Planning Services Environmental Checklist - Page B 3)Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. lndicate the source of fill material. Not applicable. No project is currently proposed 4)Will the proposal require surface waterwithdrawals or diversions? Give general description, purpose, and approximate quantities, if known. Not,applicable. No project is currently proposed 5)Does the proposal lie within a 1OO-year floodplain? lf so, note location on the site plan. The current extent of the MTC-1 zoning district is outside of the FEMA floodplain. 6)Does the proposal involve any discharges of waste materials to surface waters? lf so, describe the type of waste and anticipated volume of discharge. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known. Not applicable. No project is currently proposed. 2)Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing the following chemicals,..; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. EVALUATION FOR AGENCY USE ONLY 63 City of Kent Planníng Services Environrnental Checklist - Page 9 Not applicable. No project is currently proposed c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? lf so, describe. Not applicable. No project is currently proposed. 2)Could waste materials enter ground or surface waters? lf so, generally describe. Not applicable. No project is currently proposed. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Not applicable. No project is currently proposed. 4. Plants a. Check or circle types of vegetation found on the site: _x_Deciduous tree: alder, maple aspen, other _x_Evergreen tree: fir, cedar, pine, other x Shrubs Grass Pasture _Crop or grain Wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other Water plants: water lily, eelgrass, milfoil, other _x_Other types of vegetation EVALUATION FOR AGENCY USE ONLY 64 City of Kent Planning Services Environmental Checklist - Page 10 Blackberry, limited urban landscaping b. What kind and amount of vegetation will be removed or altered? Not applicable. No project is currently proposed c. List threatened or endangered species known to be on or near the site. Per WDFW PHS data, no threatened or endangered species are known to be present. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: No project is currently proposed; however, landscaping is required at the base of signs per the Midway Design Guidelines. 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, Mammals: deer, bear, elk, beaver, Físh: bass, salmon, trout, herring, shellfish, othe Per WDFW PHS data, none observed. b. List any threatened or endangered species known to be on or near the site. Per WDFW PHS data, none known. c. ls the site part of a migration route? lf so, explain, According to the Audubon Society, the MTC-1 zoning district is part of the Pacific Flyway for migratory birds, as is the entire Puget Sound region. d. Proposed measures to preserve or enhance wildlife, if any: Not applicable. EVALUATION FOR AGENCY USE ONLY 65 a City of Kenl Planning Services Environmental Checklist - Page 11 6. Enerqv and Natural Resources What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. No project is currently proposed; however, some signs permitted under the proposed code amendment may be lighted and require electricity, b, Would your project affect the potential use of solar energy by adjacent properties? lf so, generally describe. Signs permitted under the proposed code amendments could result in shadows under certain conditions, depending on the locatíon of the sign, The impact would likely be minimal and could be mitigated through strategic location of solar panels. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Not applicable, No project is currently proposed 7. Environmental Health a, Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? lf so, describe. The Department of Ecology Tacoma Smelter Plume online interactive map indicates that areas currently within the MTC-1 zoning district are within the Tacoma Smelter Plume and have been shown to have 40.1 to 100 parts per million for arsenic. Caution must be exercised when excavating to install signs permitted under the proposed code amendments. Department of Ecology Tacoma Smelter Plume Model Remedies Guidance should be consulted. c. 1) Describe special emergency services that might be required EVALUATION FOR AGENCY USE ONLY 66 City of Kent Planning Services Environmental Checklist - Page 12 It is unlikely that emergency services will be required. 2)Proposed measures to reduce or control environmental health hazards, if any: Construction staff should exercise caution and use proper personal protection equipment when installing signs in these areas. b. Noise 1)What types of noise exist in the area which may affect your project (for example: traffic, equipment operation, other)? fhe areas currently within the MTC-1 zoning district are characterized by frontage on SR-99;traffic noise is common in these areas. 2)What types and levels of noise would be created by or associated with the project on a short-term or a long{erm basis (for example: traffic, construction, operation, other)? lndicate what hours noise would come from the site. Construction noise is likely to be created during construction or installation of signs permitted under the proposed code amendments. No construction scheduling plans exist at this time. 3) Proposed measures to reduce or control noise impacts, if any: Measures to reduce or control noise impacts will be project-specific. Generally, projects should avoid construction during open hours of businesses that could be impacted by ambient noise, or during hours that would disturb residents if projects are near residential properties. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? The current uses in the MTC-1 zoning dístrict are auto-oriented commercial uses, including drive{hrough restaurants, automobile sales and service, public storage facilities, and gas stations. b. Has the site been used for agriculture? lf so, describe Given the character of development present in the MTC-1 zoning district, it is unlikely that this area has been used for agriculture in the recent past. EVALUATION FOR AGENCY USE ONLY 67 City of Kent Planning Services Environmental Checklist - Page 13 c. Describe any structures on. the site Many structures are present within the MTC-I zoning district, primarily wood frame or cinder block buildings. d. Will any structures be demolished? lf so, what? No new signs have been proposed at this time. lt cannot be known at this time whether future signs will displace structures. e. What is the current zoning classification of the site? Midway Transit Community (MTC)-í f. What is the current comprehensive plan designation of the site? Transit-Oriented Community (TOC) g. lf applicable, what is the current shoreline master program designation of the site? Not applicable h. Has any part of the site been classified as an "environmentally sensitive" area? lf so, specify. No. i. Approximately how many people would reside or work in the completed project? Not applicable. j. Approximately how many people would the completed project displace? Not applicable. k. Proposed measures to avoid or reduce displacement impacts, if any. Not applicable. l. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. Not applicable. EVALUATION FOR AGENCY USE ONLY 68 City of Kent Planning Services Environmental Checklist - Page 14 9. Housinq Not applicable. a. Approximately how many units would be provided, if any? lndicate whether high, middle, or low income housing. b. Approximately how many units, if any, would be eliminated? lndicate whether high, middle, or low income housing. c.Proposed measures to reduce or control housing impacts, if any. 10. Aesthetics a" What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The proposal includes provisions to allow freestanding signs up to 20 feet tall. No new signs are proposed at this time; the materials for future signs cannot be known. b. What views in the immediate vicinity would be altered or obstructed? No proposals exist for signs under the proposed regufations; the areas currently within the MTC-1 zoning district are characterized by highway frontage and typically do not have views which could be obstructed by signs permitted under the proposed code amendments. Temporary changes to the visual environment may occur during construction. Existing sign code provisions prohibit signs which obstruct sight distance for motorists, which could also have the effect of limiting the impact signs may have on views. c. Proposed measures to reduce or control aesthetic impacts, if any, The proposal contaíns provisions to ensure that signs permitted under the proposed regulations do not adversely impact or detract from the welfare of nearby residences. This could include impacts to aesthetic views. 11. Liqht and Glare EVALUATION FOR AGENCY USE ONLY 69 a City of Kent Planning Services Environmental Checklist - Page 15 What type of light or glare will the proposals produce? What time of day would it mainly occur? Signs permitted under the proposed regulations may be internally or indirectly lighted; they could be lighted 24 hours per day. b. Could light or glare from the finished project be a safety hàzard or interfere with views? Existing regulations prohibit blinking or flashing signs within 75 feet of the right of way, as well as any signs that interfere with sight distance. c. What existing off-site sources of light or glare may affect your proposal? Light from other signs and uses could interfere with the visibility of signs permitted under the proposed regulations. d. Proposed measures to reduce or control light and glare impacts, if any. Regulations are in place to reduce safety and visibility impacts of signs, 12. Recreation Not applicable. a. What designated and informal recreational opportunities are in the immediate vicinity? b. Would the proposed project displace any existing recreational uses? lf so, describe. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. 13. Historic and Gultural Preservation a. Are there any places or objects listed on, or proposed for, national, state or local preservation regislers known to be on or next to the site? lf so, generally describe. According to the State of Washington lnformation System forArchitectural and Archaeological Records Data (WISAARD) database, in the area currently c EVALUATION FOR AGENCY USE ONLY 70 City of Kent Planning Services Environmental Checklist - Page 16 within the MTC-1 zoning district, there are the following inventoried potentially eligible resources, for which no eligibility has been determined: Bucky's Muffler Brake Radiator, 23898 Pacific Hwy S Midway Drive-ln Theater, 24050 Pacific Hwy S Skip's Auto Body and Paint, 24433 Pacific Hwy S Midway Frame and Alignmenl,24441 Pacific Hwy S Adjacent to the area to the south in Federal Way is also Pascoe's Grocery, at 27202 Pacific Hwy S. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. Potential landmarks and historic or cultural resources are primarily of-age structures which are auto-oriented service uses, including auto body and maintenance shops. The Midway Drive-ln Theater was located in this area, but has since been demolished. c. Proposed measures to reduce or control impacts, if any. No impacts are expected to the potential historic resources in this vicinity. Signs permitted under the proposed code amendments would not be expected to detract from the character of these business operations. Any construction projects should follow Washington State's lnadvertent Discovery Plan for archaeological or cultural resources. 14. Transportation ldentify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. ïhe MïC-1 zoning district is characterized bythe presence of SR-99, running north-south. Other east-west streets intersect the highway throughout the MTC-1 zoning district, including SR-516/Kent Des Moines Road. b. ls site currently served by public transit? lf not, what is the approximate distance to the nearest transit stop? Transit stops are located throughout the SR-99 corridor, including in the MTC- 1 zoning district. How many parking spaces would the completed project have? How many would the project eliminate? I a a a ct c EVALUATION FOR AGENCY USE ONLY 71 d City of Kent Planning Services Environmental Checklist - Page 17 Not applicable. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? lf so, generally describe (indicate whether public or private). Not applicable Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? lf so, generally describe. A light rail route extension and new rail stations will be in the immediate vicinityof the area currentlywithin the MTC-1 zoning district. Astation willbe located to the east of the northern segment; a second station will be located to the east of the southern segment. f. How many vehicular trips per day would be generated by the completed project? lf known, indicate when peak volumes would occur. There are no current proposals under the proposed regulations. Any additional trips per day generated would be attributed to new uses and occupancies rather than the signs identifying those uses. g Proposed measures to reduce or controltransportation impacts, if any. Not applicable. 15. Public Serviceq a. Would the project result in an increased need for public services (for example:fire protection, police protection, health care, schools, other)? lf so, generally describe. Not applicable. b. Proposed measures to reduce or control direct impacts on public services, if any. Not applicable. 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, san¡tary sewer, septic system, other. à EVALUATION FOR AGENCY USE ONLY 72 City of Kent Planning Services Environmental Checklist - Page 18 The MTC-1 zoning district is served by typical urban utilities. b. Describe the utilities that are proposed for the project, the utilities providing the service and the general construction activities on the site or in the immediate vicinity, which might be needed. New signs permitted under the proposed regulations may require electricity if lighted. The service provider will be determined, as needed, when development proposals are submitted. C. SIGNATURE ïhe above answers are true and complete to the best of my knowledge. I understand that the lead ag is relying on them to make its decision Signatu D DO NOT USE THIS SHEET FOR PROJECT ACTIONS D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extentthe proposal, orthe types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1 . How would the proposal be likelyto increase discharge to water; emission to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposal is unlikely to increase discharge to water; emíssion to air; production, storage, or release of toxic or hazardous substances; or noise production, Proposed measures to avoid or reduce such increases are: Not applicable. EVALUATION FOR AGENCY USE ONLY 73 City of Kent Planning Services Environmental Checklist - Page 19 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The proposal is unlikely to affect plants, animals, fish, or marine life. Proposed measures to protect or conserve plants, animals, fish, or marine life? Not applicable. 3. How would the proposal be likely to deplete energy or natural resources? ïhe proposal is unlikely to deplete energy or natural resources. Proposed measures to protect or conserve energy and natural resources are: Not applicable 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The proposal is unlikely to have any effect on environmentally sensitive areas. Proposed measures to protect such resources or to avoid or reduce impacts are: Not applicable 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? By amending sign regulations to allow more flexibility and larger signs, the proposal may create an environment that is friendlier toward auto-oriented businesses; over time this could result in a greater number of auto-oriented land uses. Auto-oriented uses are recognized in the Midway subarea plan and Midway Design Guidelines as a characteristic of the MTc-1 zoning district; however, the pedestrian is intended to be given priority in this area. To meet this vision, the proposal includes provisions to ensure that auto- oriented uses include pedestrian-scale design elements. The proposal is unlikely to impact shoreline uses. EVALUATION FOR AGENCY USE ONLY 74 City of Kent Planning Services Environmental Checklist - Page 20 Proposed measures to avoid or reduce shoreline and land use impacts are: The Midway Subarea Plan and Midway Design Guidelines prescribe a pedestrian-scaled characterforthe MTC-1 zoning district, while recognizing its auto-oriented environment on the SR-99 frontage. The proposed code amendments adjust the sign regulations to allow larger signs and more flexibility in sign type; they also ensure that larger signs and sign types that tend to be less pedestrian-friendly provide pedestrian-scale design as envisioned in the design guidelines. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposal is unlikely to increase demand for transportation, public services, or utilities. Proposed measures to reduce or respond to such demand(s) are: Not applicable 7. ldentify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposal does not conflict with local, state, or federal laws or requirements for protection of the environment. P: \Planni ng\ADMIN\FORMS\SEPA\SEPA_CHECKLIST.doc (REVISED 1zl08) 6 EVALUATION FOR AGENCY USE ONLY 75 KENT WasHtNcroN CITY OF KENT DETERMINATION OF NONSIGNIFICANCE Environmental Checklist No, #ENV-2018-3 Project: #ZCA-20L8-LRPSA-2180304 RPP6-2180307 Description: The City of Kent has initiated a non-project environmental review for a proposal to amend the City of Kent Municipal Code Section 15.06 pertaining to the Midway Transit Community-1 (MTC-1) zoning district. It increases the maximum allowed height of freestanding monument signs (currently the only type of freestanding sign allowed) from 15 feet to 20 feet, and increases the maximum allowed area of freestanding monument signs from 80 square feet with a maximum face size of 40 square feet to 100 square feet with a maximum face size of 50 square feet, The proposal provides for the director to grant exceptions to the type and size of freestanding signs, allowing freestanding signs other than monument signs up to a maximum area of 150 square feet with a maximum single cabinet face size of 40 square feet and a maximum height of 20feet, Inorderforthedirectortograntsuchanexception,theapplicantmustmeetall of a series of conditions that ensure consistency with the pedestrian-scale character envisioned in the Midway Subarea Plan and Midway Design Guidelines. The conditions also require that the location and design of the sign provide sufficient spacing and not negatively impact adjacent uses, Applicant: Danielle Butsick, Sr, Long Range Planner/GIS Coordinator City of Kent Planning Services Lead Agency Crrv or Krrur The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment, An environmental impact statement (EIS) is not required under RCW 43.21C,030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request, There is no comment period for this DNS. X This DNS is issued under L97-LL-340(2). The lead agency will not act on this proposal for 14 days from the date of this decision; this constitutes a 14-day comment period. Comments must be submitted by 4=3O p.ffi., February 19, 2018, This DNS is subject to appeal pursuant to Kent City Code section 11,03,520, Responsible Official Charlene Anderso n Position/T¡tle Lonq Ranqe Planninq Manaqer/ SEPA OFFICIAL Address 220 Fourth Avenue South, Kent, WA 98032 Telephon Dated February 5, 2018 Signature APPEAL PROCESS: AN APPEAL OF A DETERMINATION OF NONSIGNIFICANCE (DNS) MUST BE MADE TO THE KENT HEARING EXAMINER WITHIN FOURTEEN (14) DAYS FOLLOWING THE END OF THE COMMENT PERIOD PER KENT CITY CODE 11.03.520. CONDITIONS/MITIGATING MEASURES: NONE 76 Midway Transit Community-1 (MTC-1) Sign Code Amendment Economic & Community Development Committee March 12, 2018 77 MTC-1 Zoning District •Within Midway Subarea – Midway Design Guidelines apply •Characterized by highway frontage (SR-99 and SR- 516) •Code was amended in 2011 o Maximum sign face size (80 square feet total, 40 per side) o Maximum height is 15ft. o Only wall, protruding/suspended (hanging or blade signs), or monument signs allowed 78 60794>>50 Freestanding Monument Suspended/Projecting Bl a d e Ha n g i n g Wall Sign Sign Types 80 Why Change the Code? •Best practices for signvisibility recommend 60+ square feet o Motorist safety o Wayfinding o Economic interests ofbusinesses •Creativity in design can create pedestrian-scale interest – encourage good design •No new monument signs permitted under 2011 code –review to ensure codes are fair and appropriate •Visual parity - City of Des Moines allows greater height and area than Kent’s codes 81 Proposed Changes •Increase allowed monument sign size(same as Des Moines) to: o 20 feet tall o 100 square feet total o 50 square feet per side •Director may allow exceptions for freestanding signs that are not monument signs. Based on these conditions: o No cabinet face > 40 square feet o Creative design – sculptural, varied face shape, size, height o Other sign types won’t work on the site o Ornamented or screened supports o 200 feet SR-99 frontage o No adverse impacts, won’t obstruct pedestrian movement o Up to 150 total square feet 82 Creative Freestanding Signs - Examples 83 Questions? 84 ECONOMIC & COMMUNITY DEVELOPMENT Kurt Hanson, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: March 12, 2018 TO: Chair Bill Boyce and the Economic and Community Development Committee FROM: Hayley Bonsteel, AICP, Senior Long Range Planner SUBJECT: Mixed Use Regulations Kent’s mixed use regulations aren’t working. We have had no mixed use development in our mixed use overlay zones. This is likely due in large part because of the commercial percentage requirements, which are as follows:  Community Commercial/Mixed Use (CC-MU)  > 2 acres: 25% of building floor area must be commercial  < 2 acres: 5% of building floor area must be commercial  General Commercial/Mixed Use (GC-MU)  Downtown: 25% of building floor area must be commercial  Outside of Downtown: 5% of building floor area must be commercial The map below shows the location of these zones, in relation to the commercial zones on which they are overlaid. Note that while the core of Downtown and Midway both have zoning districts that allow a mix of uses, neither of these locations have a mixed use overlay, and are therefore not being considered for any zoning changes at this time. Information Only S:\PUBLIC\City Clerk's Office\City Council\Council Committees\Economic and Community Development Committee\2018\Pkt Docs\3-12-18\Mixed Use\MEMO Mixed Use Framework 2018.docx 85 What we know about mixed use in Kent: we can make it work—in Downtown. Kent’s successful mixed use is located Downtown; both the historic core and Kent Station feature the narrow, sidewalk-lined streets, engaging shop windows, street trees and vegetation, sidewalk seating, interesting destinations and other elements that are emblematic of the successes of mixed use. These ground floor uses are made possible by the presence of residences in the immediate vicinity. The essential ingredient? Walkability. What is walkability? At its most central, walkability includes a critical mass of the following elements: •Narrow streets •Slow or low vehicle traffic •Sidewalks of adequate width to support the free movement of people •Vegetation that at a minimum buffers people from vehicle traffic •Short, unintimidating crosswalks •Small blocks •Pedestrian-scaled lighting •Street furniture, such as benches S:\PUBLIC\City Clerk's Office\City Council\Council Committees\Economic and Community Development Committee\2018\Pkt Docs\3-12-18\Mixed Use\MEMO Mixed Use Framework 2018.docx 86 •Something to look at or do—storefronts, pleasant views, interesting architecture, destinations Walkability in Kent’s Downtown. Downtown Kent has nearly all of the above components, although not all the streets are narrow or have slow traffic (James, Smith, 4th Avenue, Central and Willis all serve as minor or principal arterials, with wider dimensions and higher/faster vehicle traffic than would generally be desirable in a walkable downtown). The Meet Me on Meeker project (MMOM) represents a commitment by the City Council to expand Downtown’s walkability westward along Meeker, making the commercial strip from the Green River Bridge to the Highway 167 overpass an extension of Kent’s Downtown. The development activity coming soon along the Meeker corridor validates this approach, as it is mixed use in nature and will build the walkability envisioned there. Walkability is essential to successful mixed use development. The benefits of mixed use are myriad, including lower infrastructure cost, increased tax revenue, operating budget savings, support for local businesses, increased social connectedness and increased physical activity. But these benefits are only accrued in the context of mixed use with walkability—they simply do not follow from mixing uses in an auto-oriented place. Mixed use districts have proven through various studies to generate higher revenue compared to single use areas—but the districts studied are also walkable, because successful mixed use districts that are not walkable are extremely hard to find. Mixed use support for local businesses, for instance, comes from data showing that pedestrians spend up to 60% more money at businesses each month than people traveling by car. Successful mixed use and walkability are inseparable. Much of Kent does not have good walkability. Most of Kent is significantly less walkable than Downtown. Where sidewalks exist, they are often narrow, bare-minimum dimensions, with no vegetated buffer, and along high traffic corridors. Residential areas may have low traffic volumes and slow speeds, and they may even have sidewalks – but they lack connectivity (mixed use will not develop on a cul de sac) and are not generally viable (or politically desirable) for any commercial activity. Kent’s commercial/mixed use areas farther from Downtown are mostly located along major arterials. While successful, revenue-generating mixed use districts may be generally near major arterials, they are rarely directly on major arterials, and certainly aren’t split down the middle by major arterials—as in the case of Benson Highway through East Hill’s mixed use overlay zones. This major commercial corridor is emblematic of the way the transportation and land use systems can be S:\PUBLIC\City Clerk's Office\City Council\Council Committees\Economic and Community Development Committee\2018\Pkt Docs\3-12-18\Mixed Use\MEMO Mixed Use Framework 2018.docx 87 at odds: a five-lane, high-speed principal arterial is unlikely to also serve as a sufficiently welcoming, walkable spine for a profitable mixed use district. The presence and preeminence of vehicles simply prohibits the kind of environment that’s necessary for mixed use development. Areas zoned for mixed use that are not walkable will not succeed. Without the infrastructure and public space that encourages folks to access the range of uses on foot, a mixed use district will not net the same benefit of reduced vehicle travel and increased vibrancy. We can ask for mixed use development all we want, but until more areas of the city are actively reimagined as walkable places and significant public investment is made to move them in that direction, the goals of mixed use will not be realized there. We cannot craft mixed use regulations that make sense in both walkable and non-walkable contexts. Those commercial zones located far from the urban center on high speed automobile-oriented corridors may not make sense as mixed use corridors. These areas could see increased investment and revitalization of a different type with the following strategies: (1) more flexible zoning (consider allowing a wider variety of uses), (2) develop commercial design guidelines to ensure quality building stock, and (3) reevaluate commercial zoning requirements for opportunities to improve development outcomes. We may also want to consider exceptions for certain kinds of projects such as large big-box sites, where walkability may be possible within the site through innovative redevelopment concepts. Adjacent to Downtown and along Meeker, we can feel confident that walkability is either at hand or within reach, and craft our regulations to respond to that walkable nature in a sensible and effective way. It is therefore prudent to retain these mixed use overlays but remove the commercial percentage requirement; instead, staff proposes to permit residential outright but introduce form-based requirements that dovetail or build on existing design guidelines. The intent of the form-based requirements would be to capitalize on existing walkability by focusing on active ground floor building design, while also contributing to increased walkability by breaking up large blocks and introducing more functional pedestrian-oriented requirements. Staff will be available at the March 12th ECDC meeting to discuss the proposed direction and answer questions. S:\PUBLIC\City Clerk's Office\City Council\Council Committees\Economic and Community Development Committee\2018\Pkt Docs\3-12-18\Mixed Use\MEMO Mixed Use Framework 2018.docx 88 EXHIBITS: None BUDGET IMPACT: None STRATEGIC PLAN GOAL(S): ☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging technologies, and fostering new opportunities and industries that benefit our community. ☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior infrastructure, enriched community interactions, and responsive, trusting relationships. ☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration. ☐ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. ☐ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of belonging. S:\PUBLIC\City Clerk's Office\City Council\Council Committees\Economic and Community Development Committee\2018\Pkt Docs\3-12-18\Mixed Use\MEMO Mixed Use Framework 2018.docx 89